Miller v. St. Johnland Nursing Center, Inc.
| Robert Miller |
| St. Johnland Nursing Center, Inc., Maureen Orsen, MD, ABC Corporation, ABC Partnership and John and Jane Does 1-5 |
| 2:2022cv05314 |
| September 7, 2022 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Joanna Seybert |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.
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ELECTRONIC ORDER staying case; denying #6 Motion for Pre-Motion Conference. In cases which present similar issues as the instant case, the Court issued a stay and denied the defendants' pre-motion conference requests pending the disposition of certain appeals before the Second Circuit. See No. 22-CV-2234, Wegenaar v. Our Lady of Consolation Geriatric Care Center, May 24, 2022 Elec. Order (E.D.N.Y.) (citing Nos. 21-2157 & 21-2159, Leroy v. Hume (2d Cir.); No. 21-2164, Rivera-Zayas v. Our Lady of Consolation (2d Cir.)); see also No. 22-CV-5616 The Estate of Gerda Balos v. Quantum Rehabilitation and Nursing, LLC, Oct. 24, 2022 Elec. Order (E.D.N.Y.) (same). Here too, the Court finds a stay is warranted. Accordingly, Defendants' pre-motion conference request is DENIED without prejudice to renew and the deadline for Plaintiff to file a motion to remand is being held in abeyance. Counsel shall file a joint status report within one week of the Second Circuit's decision in the Leroy/Rivera-Zayas appeals, or by December 23, 2022, whichever date is earlier. Ordered by Judge Joanna Seybert on 10/24/2022. (DW)
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| Filing 9 STATE COURT RECORD received from SUFFOLK COUNTY CLERK'S OFFICE for E-filed Supreme Court case, Index No 608365/2022. (CV) |
| Filing 8 RESPONSE to Motion re #6 Letter MOTION for pre motion conference for pre-answer motion to dismiss (in opposition to Plaintiff's request for pre motion conference for motion to remand) filed by Maureen Orsen, MD, St. Johnland Nursing Center, Inc.. (Attachments: #1 Exhibit A - Combined Stay Orders) (Wolber, Jeffrey) |
| Filing 7 RESPONSE in Opposition re #6 Letter MOTION for pre motion conference for pre-answer motion to dismiss and Plaintiff's Request for Remand Briefing Schedule filed by All Plaintiffs. (Attachments: #1 Exhibit A - Recent EDNY Remand Orders) (Ciaccio, Joseph) |
| Filing 6 Letter MOTION for pre motion conference for pre-answer motion to dismiss by Maureen Orsen, MD, St. Johnland Nursing Center, Inc.. (Graham, Thomas) |
| Filing 5 NOTICE of Appearance by Jeffrey Thomas Wolber on behalf of Maureen Orsen, MD, St. Johnland Nursing Center, Inc. (aty to be noticed) (Wolber, Jeffrey) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) |
| Filing 2 Civil Cover Sheet.. by Maureen Orsen, MD, St. Johnland Nursing Center, Inc. (Graham, Thomas) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Maureen Orsen, MD, St. Johnland Nursing Center, Inc. Notice of Removal from Supreme Court of New York, Suffolk County, case number 608365/2022. Was the Disclosure Statement on Civil Cover Sheet completed -NO ( Filing fee $ 402 receipt number ANYEDC-15919877) (Attachments: #1 Exhibit Exh A - Summons and Complaint, #2 Exhibit Exh B - Affidavit of Service, #3 Exhibit Exh C - LCP Order 8.4.22, #4 Exhibit Exh D - LCP OTSC 8-26-22, #5 Exhibit Exh E - LCP Order 9.1.22, #6 Exhibit Exh F - HHS Opinion Letter - Senior Living - 8.14.20) (Graham, Thomas) Modified on 9/12/2022 (Landow, Concetta). |
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