Lara v. S&J Operational, LLC
| Catherine Lara |
| S&J Operational, LLC doing business as Luxor Nursing and Rehabilitation at Mills Pond |
| 2:2022cv05799 |
| September 28, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
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| Filing 5 STATE COURT RECORD received from Judith Pascale, Suffolk County Clerk, Index No. 616773/2022. Since the above mentioned case is E-filed, there are no hard copies of the documents listed on the Civil Court Minutes Report. (JC) |
| Civil Case Terminated; Remanded to State Court. Certified copy mailed to Suffolk County Clerk, Attn: Court Actions 310 Center Drive Riverhead, NY 11901-3392. (JC) |
Order of Remand to State Court. Order of Remand to State Court. Defendant has removed this case from the Supreme Court of the State of New York, County of Suffolk, Index Number 616773/2022, the complaint in which contains no allegations raising federal questions, principally pursuant to 28 USC Sec. 1441, on the ground that the complaint raises an embedded federal question, to wit: complete preemption under the PREP Act. However, this precise contention has been examined and rejected by numerous authorities, including but not limited to this Court's decision in Rivera-Zayas v. Our Lady of Consolation, 2021 WL 3549878 (EDNY 2021). Furthermore, the removal appears to run afoul of the "two-step maneuver" discussed in Rivera-Zayas and rejected by the Second Circuit decision in Sullivan v. Am. Airlines, Inc., 424 F.3d 267, 276 (2d Cir. 2005). Plaintiff's claim to federal officer jurisdiction under 28 U.S.C. 1442 is so baseless as to not require further comment. As such, the case is REMANDED to the state court. The Clerk is directed to return the file to the state court and close the case. Ordered by Judge Gary R. Brown on 9/30/2022. c/ecf (Cowan, Timothy)
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| 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. (Jakubowski, Laura) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 9/29/2022: #1 Additional Corrections) (Jakubowski, Laura). |
| Filing 2 Corporate Disclosure Statement by S&J Operational, LLC (Cristiano, Robert) |
| Filing 1 NOTICE OF REMOVAL by S&J Operational, LLC from Supreme Court Suffolk County, case number 616773/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15985092) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service) (Cristiano, Robert) Modified on 9/29/2022 (Jakubowski, Laura). |
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| Plaintiff: Catherine Lara | |
| Represented By: | Jeffrey Alan Guzman |
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| Defendant: S&J Operational, LLC doing business as Luxor Nursing and Rehabilitation at Mills Pond | |
| Represented By: | Judy Selmeci |
| Represented By: | Lori Semlies |
| Represented By: | Robert J. Cristiano |
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