The Estate of Anna Russell v. St Johnland Nursing Center, Inc et al
| THE ESTATE OF ANNA RUSSELL, by her Proposed Administrator, ANGELA RUSSELL and The Estate of Anna Russell |
| ST JOHNLAND NURSING CENTER, INC, ABC CORPORATION and ABC PARTNERSHIP |
| 2:2023cv02274 |
| March 23, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Lee G Dunst |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Civil Case Terminated as per 4/25/2023 Order of Remand to State Court. (JC) |
Order of Remand to State Court. to NY Supreme Court, Suffolk County, case number 204711/2022. In light of the Second Circuits decisions in Solomon v. St. Joseph Hosp., 62 F.4th 54 (2d Cir. 2023), Leroy v. Hume, No. 21-2158-CV, 2023 WL 2928353 (2d Cir. Apr. 13, 2023), and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr., No. 21-2164-CV, 2023 WL 2926286 (2d Cir. Apr. 13, 2023), this case is hereby remanded to 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 4/25/2023. (LJ)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by St Johnland Nursing Center, Inc (Wolber, Jeffrey) |
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ORDER granting #7 Motion for Extension of Time to File. Application granted. Ordered by Judge Gary R. Brown on 4/17/2023. (LJ)
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| Filing 7 Letter MOTION for Extension of Time to File Response to 4/3/23 Order to Show Cause by St Johnland Nursing Center, Inc. (Attachments: #1 Exhibit Exhibit A - Rivera-Zayas Summary Order, #2 Exhibit Exhibit B - Leroy Summary Order) (Wolber, Jeffrey) |
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ORDER TO SHOW CAUSE. In light of the Second Circuit's decision in Solomon v. St. Joseph Hosp., 62 F.4th 54 (2d Cir. 2023) and this Court's decision in In re Nursing Facility COVID-Related Damages Actions Removed Under PREP Act, No. 22-CV-7528(GRB)(SIL), 2023 WL 394888 (E.D.N.Y. Jan. 24, 2023), defendant is directed to show cause in writing within ten days of the date of this order why this matter should not be remanded. Plaintiff is directed to respond within ten days of defendant's filing. Ordered by Judge Gary R. Brown on 4/3/2023. (MR)
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SCHEDULING ORDER: The Court will hold an Initial Conference on 6/28/2023 at 11:00 AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 4/3/2023. (CT)
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| Filing 6 STATE COURT RECORD received from Judith Pascale, Suffolk County Clerk, Index No. 204711/2022. Since the above mentioned case is E-filed, there are no hard copies of the documents listed on the Civil Court Minutes Report. (JC) |
| Filing 5 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates related cases. (LJ) |
| 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) |
| Filing 2 Civil Cover Sheet.. by St Johnland Nursing Center, Inc (Wolber, Jeffrey) Modified on 3/24/2023 (LJ). |
| Notice: Re: Incomplete Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Case Assigned to Judge Gary R. Brown 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. (LJ) |
| Filing 1 NOTICE OF REMOVAL by St Johnland Nursing Center, Inc from NY Supreme Court, Suffolk County, case number 204711/2022. ( Filing fee $ 402 receipt number ANYEDC-16530626) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - AOSs Combined, #3 Exhibit Exhibit C - Stip re Extension, #4 Exhibit Exhibit D - Opinion Letter) (Wolber, Jeffrey) Modified on 3/24/2023 (LJ). |
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