The Estate of Madeline Splaine v. Montclair Care Center Inc. et al
| Madeline Splaine, Janet Ford and The Estate of Madeline Splaine |
| Montclair Care Center Inc. and Emerge Nursing & Rehabilitation |
| 2:2023cv01517 |
| February 27, 2023 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Steven Tiscione |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Emerge Nursing & Rehabilitation, Montclair Care Center Inc. (Lawless, Megan) |
ORDER denying #5 Motion to Stay -- Defendants' motion for a stay is denied. Upon review of the docket in this action, including the notice of removal, it appears that the Court lacks subject matter jurisdiction over this action. See Solomon v. St. Joseph Hosp., No. 21-2729, --- F.4th ---, 2023 WL 2376207 (2d Cir. Mar. 7, 2023). Accordingly, Defendants are ordered to show cause, by March 31, 2023, why this case should not be remanded to the Supreme Court of New York, Nassau County, for lack of subject matter jurisdiction. Ordered by Judge Eric R. Komitee on 3/17/2023. (AG)
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| Filing 5 First MOTION to Stay and to Hold Motion Practice in Abeyance by Emerge Nursing & Rehabilitation, Montclair Care Center Inc.. (Attachments: #1 Exhibit Stay Orders) (Lawless, Megan) |
| 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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Steven Tiscione. 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. (LJ) |
| Filing 2 NOTICE of Appearance by Megan A. Lawless on behalf of Emerge Nursing & Rehabilitation, Montclair Care Center Inc. (aty to be noticed) (Lawless, Megan) |
| Filing 1 NOTICE OF REMOVAL by All Defendants MONTCLAIR CARE CENTER, INC and EMERGE NURSING & REHABILITATION from Supreme Court of the State of NY, County of Nassau, case number 615308/2022. Was the Disclosure Statement on Civil Cover Sheet completed -No ( Filing fee $ 402 receipt number ANYEDC-16445716) (Attachments: #1 Exhibit Exh.A - Summons & Complaint.pdf, #2 Exhibit Exh.B - Affidavit of Service.pdf, #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, #15 Civil Cover Sheet) (Braverman, Dylan) Modified on 2/28/2023 (LJ). |
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