Blaser v. St. Johnland Nursing Center, Inc. et al
| JOANNE BLASER, as Proposed Administrator of the Estate of ROSE FAGONE aka ROSE PALMA FAGONE and Joanne Blaser |
| St. Johnland Nursing Center, Inc., ABC Corporation and ABC Partnership |
| 2:2022cv07403 |
| December 6, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Lee G Dunst |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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ORDER re #9 Motion for Pre Motion Conference: Defendant's request for a 30-day stay of #8 the Court's 1/30/2023 Order to remand the case to state court is granted. The Clerk of Court is respectfully directed to not to take any action to execute the 1/30/2023 Order until the 30-day stay expires 3/1/2023, pending further instruction from the Court. In the event that the Clerk has already mailed a copy of the 1/30/2023 Order to the state court, the Clerk is respectfully directed to mail a copy of this Order to the Supreme Court of New York, Suffolk County. Ordered by Judge Joan M. Azrack on 2/3/2023. (SP)
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| Filing 9 Letter Requesting Pre-Motion Conference for 30-day Stay of Remand Order by St. Johnland Nursing Center, Inc. (Wolber, Jeffrey) Modified on 2/3/2023- modified event type from Letter to Motion for Pre Motion Conference. (GO). |
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Filing 8
Order of Remand to Supreme Court of New York Suffolk County, case number 606588/2022. the Clerk of Court is respectfully directed to remand this case to the Supreme Court of New York, Suffolk County. So Ordered by Judge Joan M. Azrack on 1/30/2023. Certified copy of Order and Docket Sheet mailed (LC)
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Joanne Blaser (Attachments: #1 Exhibit A - Gerber v Forest View, #2 Exhibit B - Shapnik Decision, #3 Exhibit C - Recent SDNY Remand Decisions, #4 Exhibit D - Krol Decision, #5 Exhibit E - Schwartz Decision, #6 Exhibit F - Aponte v OLOC - EDNY) (Ciaccio, Joseph) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by St. Johnland Nursing Center, Inc. (Attachments: #1 Exhibit Exhibit A - Combined Stay Orders) (Wolber, Jeffrey) |
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ORDER TO SHOW CAUSE: Upon review of the docket in this action, the parties are ordered to show cause, in writing, why this case should not be remanded to the Supreme Court of New York, Suffolk County, for lack of subject matter jurisdiction. See, e.g. Escobar v. Mercy Med. Ctr., No. 21-CV-02101, 2022 WL 669366, at *1-3 (E.D.N.Y. Mar. 7, 2022), appeal filed, No. 22-613. The parties' responses are due by 1/20/2023. Ordered by Judge Joan M. Azrack on 1/13/2023. (SP)
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| Filing 5 STATE COURT RECORD Received from Suffolk County Clerk's Office for the E-filed Supreme Court case, Index No. 606588/22. (LC) |
| Filing 4 NOTICE of Appearance by Joseph Ciaccio on behalf of Joanne Blaser (notification declined or already on case) (Ciaccio, Joseph) |
| 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. (CL) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Lee G. Dunst. 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. (CL) |
| Filing 1 NOTICE OF REMOVAL by St. Johnland Nursing Center, Inc. from Supreme Court of New York, Suffolk County, case number 606588/2022. Was the Disclosure Statement on Civil Cover Sheet completed -NO ( Filing fee $ 402 receipt number ANYEDC-16202441) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Aff of Service, #3 Exhibit C - Statement of Auth for EFiling, #4 Exhibit D - Stip re Time to Appear, #5 Exhibit E - HHS Opinion Letter, #6 Civil Cover Sheet) (Wolber, Jeffrey) Modified on 12/7/2022 (CL). |
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