Kiernan v. East Northport Residential Health Care Facility Inc.
| Matthew G. Kiernan |
| East Northport Residential Health Care Facility Inc. doing business as Huntington Hills Center For Health and Rehabilitation |
| 2:2022cv05853 |
| September 30, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Arlene R Lindsay |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 10 MOTION to Stay by East Northport Residential Health Care Facility Inc.. (Attachments: #1 Declaration Declaration of James P. Connors in Support of Motion for Automatic Stay of Order Pursuant to Fed. R. Civ. P. 62(A), #2 Exhibit Ex A Remand Order, #3 Exhibit Ex B Krol Order Granting Stay, #4 Exhibit Ex C Maglioli Order, #5 Exhibit Ex D Singer v Montefiore Order Granting Stay, #6 Exhibit Ex E Riggs v County Manor La Mesa Stay Order, #7 Exhibit Ex F Burris v Fairmount, #8 Exhibit Ex G Yore v GVDB Operations LLC, #9 Exhibit Ex H Odette v GVDB Operations LLC, #10 Exhibit Ex I Glover v Sunrise Senior Living Services, #11 Exhibit Ex J Williams v Comprehensive Healthcare Manager Services LLC, #12 Exhibit Ex K Codeus v Grancell, #13 Exhibit Ex L Rogers v Lawndale, #14 Exhibit Ex M Second Circuit Decision Holding Appeals in Abeyance, #15 Memorandum in Support Memo of Law in Support) (Connors, James) |
| Filing 9 NOTICE OF APPEAL as to Order on Motion to Stay,, by East Northport Residential Health Care Facility Inc.. Filing fee $ 505, receipt number ANYEDC-16172940. (Connors, James) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #9 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
Order of Remand to State Court: The 30 day stay of the Court's 10/28/2022 Order to Remand this case having expired, this case is remanded to state court because this Court lacks subject matter jurisdiction. The Clerk of Court is respectfully directed to remand this entire action to the Supreme Court of New York, County of Suffolk, under docket number 616780/2022, and terminate this case. Ordered by Judge Pamela K. Chen on 11/28/2022. (SK)
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| Filing 8 ANSWER to Complaint by East Northport Residential Health Care Facility Inc.. (Attachments: #1 Notice of Deposition) (Connors, James) |
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ORDER granting Defendants' #7 letter requesting a stay of the Court's 10/28/2022 Order to remand the case to state court, based on the assumption that Defendants will seek to notice their appeal in that time. The Clerk of Court is respectfully instructed not to take any action to execute the 10/28/2022 remand until the 30 day stay expires on 11/28/2022. Ordered by Judge Pamela K. Chen on 11/7/2022. (SK)
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| Filing 7 MOTION to Stay Order Pursuant to Fed. R. Civ. P. 62(a) by East Northport Residential Health Care Facility Inc.. (Attachments: #1 Declaration Declaration of James P. Connors in Support of Motion for Automatic Stay of Order Pursuant to Fed. R. Civ. P. 62(A), #2 Exhibit Ex A Order 10.28.22, #3 Memorandum in Support Memorandum of Law in Support of Motion for Automatic Stay of Order Pursuant to Fed. R. Civ. P. 62(A)) (Connors, James) |
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ORDER denying #6 Motion to Stay. The Court is unpersuaded that it should overlook its finding that it lacks jurisdiction over the case (Dupervil v. Alliance Health Operations, LCC, 516 F. Supp. 3d 238 (PKC) (E.D.N.Y. 2021) (vacated on other grounds); see also Becker v. Carmel Nursing Home, Inc. et al, Case No. 22-cv-2310 (PKC) (MMH), 6/16/2022 Docket Order). The case is therefore remanded to state court for further proceedings. Ordered by Judge Pamela K. Chen on 10/28/2022. (SK)
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| Filing 6 Letter MOTION to Stay re Order on Motion for Pre Motion Conference,,,,,, by East Northport Residential Health Care Facility Inc.. (Attachments: #1 Exhibit Various Orders) (Connors, James) |
| Filing 5 Courts of Record / Document List re: Notice of Removal; filed by the Suffolk County Supreme Court, Index # 616780/2022. (WL) |
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ORDER granting in part and denying in part #4 Motion for Pre Motion Conference. This order grants Defendant's motion for an extension of time to answer the Complaint, and denies Defendant's motion for a pre-motion conference regarding their proposed 12(b) motions. On September 30, 2022, Defendant East Northport Residential Healthcare Facility, Inc. ("East Northport") filed the #1 Notice of Removal based on federal question jurisdiction, invoking the federal officer removal statute, 28 U.S.C. 1442(a)(1), and the Public Readiness and Emergency Preparedness Act, 42 U.S.C. 247d-6d, 247d-6e. However, the jurisdictional arguments raised by the Defendant have been rejected in several similar cases. See, e.g., Dupervil v. Alliance Health Operations, LCC, 516 F. Supp. 3d 238 (PKC) (E.D.N.Y. 2021) (vacated on other grounds); Leroy v. Hume, 554 F. Supp. 3d 470 (ARR) (E.D.N.Y. 2021); Rivera-Zayas v. Our Lady of Consolidation, No. 20-CV-5153 (NGG), 2021 WL 3549878 (E.D.N.Y. Aug. 11, 2021). In light of these prior decisions, the Court is inclined to remand this case back to state court. Therefore, Defendant is ordered to show cause by October 25, 2022 as to why this case should not be remanded. Defendant's motion for extension to respond to the Complaint is granted. Defendant shall have until November 23, 2022 to respond to the Complaint. However, Defendant's motion for a pre-motion conference regarding their proposed motion to dismiss is denied, as the Court must decide whether this case is properly in federal court before reviewing arguments on a motion to dismiss. Ordered by Judge Pamela K. Chen on 10/11/2022. (SK)
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| Filing 4 MOTION for pre motion conference by East Northport Residential Health Care Facility Inc.. (Connors, James) |
| Filing 3 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 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by East Northport Residential Health Care Facility Inc. from Supreme Court, Suffolk County, case number 616780/2022. Was the Disclosure Statement on Civil Cover Sheet completed -NO ( Filing fee $ 402 receipt number ANYEDC-15993107) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavits of Service, #3 Exhibit C - Appellate Brief in Rivera-Zayas v. OLC, et al., #4 Exhibit D - Appellate Brief in Leroy v. Hume, et al., #5 Exhibit E - Appellate Brief in Leroy v. Hume, et al., #6 Exhibit F - Respondent Appellate Brief in Leroy v. Hume, et al., #7 Exhibit G - Respondent Appellate Brief in Rivera-Zayas v. OLC, et al., #8 Exhibit H - Appellant's Reply Brief in Leroy v. Hume, et al., #9 Exhibit I - Appellant's Reply Brief in Leroy v. Hume, et al., #10 Exhibit J - Appellant's Reply Brief in Rivera-Zayas v. OLC, et al., #11 Exhibit K - Amicus Briefs in Rivera-Zayas v. OLC, et al., #12 Exhibit L - Chamber of Commerce Brief in Rivera-Zayas v. OLC, et al., #13 Exhibit M - Chamber of Commerce Brief in Leroy v. Hume, et al., #14 Exhibit N - Statement of Interest in Bolton v. Gallatin Center, #15 Civil Cover Sheet) (Connors, James) Modified on 9/30/2022 (Landow, Concetta). |
| Case Assigned to Judge Pamela K. Chen 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) |
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| Plaintiff: Matthew G. Kiernan | |
| Represented By: | Jeffrey Alan Guzman |
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| Defendant: East Northport Residential Health Care Facility Inc. doing business as Huntington Hills Center For Health and Rehabilitation | |
| Represented By: | James P. Connors |
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