The Estate of Thomas Staats, et al v. Our Lady of Consolation Nursing and Rehabilitative Care Center et al
Plaintiff: The Estate of Thomas Staats, Cheryl Brawley and Michele Staats
Defendant: Our Lady of Consolation Nursing and Rehabilitative Care Center, ABC Corporation, ABC Partnership and Our Lady of Consolation Nursing & Rehabilitative Care Center
Case Number: 2:2022cv07719
Filed: December 19, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Arlene R Lindsay
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2023 Opinion or Order Filing 12 MEMORANDUM OF DECISION & ORDER to Remand to State Court: Defendants have failed to meet their burden to establish that removal was proper, the motion to stay is DENIED. For the foregoing reasons, these cases are hereby remanded to the Supreme Court of New York, Suffolk County. The Clerk of the Court is directed to return the files and close the cases. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 1/24/2023. (JC)
January 23, 2023 Opinion or Order Filing 11 Letter Joint Request for Stay of Discovery by Our Lady of Consolation Nursing & Rehabilitative Care Center (Attachments: #1 Rule 26(a) Disclosure Rule 26(f) Report) (Lawless, Megan)
January 9, 2023 Opinion or Order Filing 10 RESPONSE in Opposition re #8 First MOTION to Stay and to Hold Motion Practice in Abeyance filed by All Plaintiffs. (Attachments: #1 Exhibit A - Zavulunova v Forest View Center - Memo and Order, #2 Exhibit B - Schwartz Decision) (Ciaccio, Joseph)
December 27, 2022 Opinion or Order Filing 9 STATE COURT RECORD received from Judith Pascale, Suffolk County Clerk, Index No. 205023/2022. Since the above mentioned case is E-filed, there are no hard copies of the documents listed on the Civil Court Minutes Report. (JC)
December 27, 2022 Opinion or Order Filing 8 First MOTION to Stay and to Hold Motion Practice in Abeyance by Our Lady of Consolation Nursing & Rehabilitative Care Center. (Attachments: #1 Exhibit Stay Orders) (Lawless, Megan)
December 21, 2022 Opinion or Order Filing 7 SCHEDULING ORDER: Rule 26 Meeting Report due by January 24, 2023. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 12/21/2022. (Attachments: #1 Rule 26(f) form) c/ecf (RI)
December 21, 2022 Opinion or Order Filing 6 NOTICE of Appearance by Joseph Ciaccio on behalf of All Plaintiffs (notification declined or already on case) (Ciaccio, Joseph)
December 20, 2022 Opinion or Order Filing 5 NOTICE of Appearance by Megan A. Lawless on behalf of Our Lady of Consolation Nursing and Rehabilitative Care Center (aty to be noticed) (Lawless, Megan)
December 19, 2022 Opinion or Order 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. (CL)
December 19, 2022 Opinion or Order Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL)
December 19, 2022 Opinion or Order Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal,,,, by Our Lady of Consolation Nursing and Rehabilitative Care Center (Braverman, Dylan)
December 19, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Our Lady of Consolation Nursing and Rehabilitative Care Center Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Exh. A - Summons & Compl., #2 Exhibit Exh.B - Accept Service, #3 Exhibit Exh.C - Martinez - Rivera - Brief for Defendants-Appellants.pdf, #4 Exhibit Exh.D - Leroy - Brief obo Brookdale Hospital Defendants.pdf, #5 Exhibit Exh.E - Leroy - Brief obo Mt. Sinai Hospital Defendants.pdf, #6 Exhibit Exh.F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume.pdf, #7 Exhibit Exh.G - Martinez Brief obo Pltf-Appellee.pdf, #8 Exhibit Exh.H - Leroy - Reply Brief obo Defendants.pdf, #9 Exhibit Exh.I - Leroy Reply Brief obo Co-Def.pdf, #10 Exhibit Exh.J - Rivera-Zayas - Reply Brief.pdf, #11 Exhibit Exh.K - Amicus Briefs pending before the Second Circuit.pdf, #12 Exhibit Exh.L - Chamber of Commerce AMA Amicus Brief.pdf, #13 Exhibit Exh.M - Motion to File Amicus Curiae Brief.pdf, #14 Exhibit Exh.N - US Statement of Interest (M.D. Tenn) Centeno.pdf) (Braverman, Dylan) Modified on 12/19/2022 (CL).
December 19, 2022 Opinion or Order Case Assigned to Judge Gary R. Brown 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. (CL)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: The Estate of Thomas Staats, et al v. Our Lady of Consolation Nursing and Rehabilitative Care Center et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: The Estate of Thomas Staats
Represented By: Joseph Ciaccio
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Cheryl Brawley
Represented By: Joseph Ciaccio
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Michele Staats
Represented By: Joseph Ciaccio
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Our Lady of Consolation Nursing and Rehabilitative Care Center
Represented By: Dylan C. Braverman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ABC Corporation
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ABC Partnership
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Our Lady of Consolation Nursing & Rehabilitative Care Center
Represented By: Dylan C. Braverman
Represented By: Megan A. Lawless
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?