Roberge v. McAndrew et al
| Suzanne Roberge |
| United States of America and HealthAlliance Hospital Broadway Campus |
| 1:2015cv01522 |
| December 23, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Ulster |
| Mae A D'Agostino |
| Daniel J Stewart |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Petition for Removal- Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on July 1, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 RETURN RECEIPT received from New York State Supreme Court, Ulster County, re: certified copies of the #12 Order and docket sheet. (see) |
| Filing 14 Letter regarding the Remand as to HealthAlliance Hospital Broadway Campus from District Court for the NDNY to County of Ulster Supreme Court. (ban) (ban, ). |
| Filing 13 JUDGMENT in favor of United States of America against Suzanne Roberge. (Attachments: #1 Appeal Notice) (ban) |
| Filing 12 MEMORANDUM-DECISION AND ORDER granting #6 Motion to Substitute Party and granting #6 Motion to Dismiss: The Court hereby ORDERS that Defendants' motion to substitute the United States of America as the Defendant for Dr. John McAndrew, M.D. (Dkt. No. 6) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall substitute the United States of America as the Defendant for Dr. John McAndrew, M.D.; and the Court further ORDERS that Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) (Dkt. No. 6) is GRANTED; and the Court further ORDERS that Plaintiff's claims for medical malpractice against the United States are DISMISSED without prejudice for failure to exhaust under 28 U.S.C. 2675(a); and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant United States' favor and close this case; and the Court further ORDERS the Clerk of the Court shall remand this case as to Defendant HealthAlliance to the New York State Supreme Court, Ulster County; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 6/13/2016. (ban) |
| CLERK'S CORRECTION OF DOCKET ENTRY: Docket entry no. 12 Memorandum-Decision and Order was deleted from the docket as it was inadvertently filed in this case. (ban) |
| Filing 11 NOTICE of Appearance by Scott Lieberman on behalf of HealthAlliance Hospital Broadway Campus (Lieberman, Scott) |
| TEXT NOTICE: The Rule 16 Initial Conference scheduled for 2/8/2016 at 9:00 AM before Magistrate Judge Daniel J. Stewart and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the motion presently before the District Judge in this matter. (mab) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #8 Response in Opposition to Motion: Clerk replaced Exhibit A - Attachment 1 with a redacted version. The original document that was filed had a social security number on it. (hmr) |
| Filing 10 REPLY to Response to Motion re #6 MOTION to Substitute Party MOTION to Dismiss filed by John McAndrew. (Attachments: #1 Certificate of Service)(Clark, Cathleen) (Attachment 1 replaced on 1/22/2016) (dpk, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #10 Reply to Response to Motion. Certificate of Service filed with Reply was incorrect. Corrected image provided to the Clerk's Office and substituted on the docket. (dpk) |
| Filing 9 MEMORANDUM OF LAW re #8 Response in Opposition to Motion, filed by Suzanne Roberge. (Valet, Thomas) |
| Filing 8 RESPONSE in Opposition re #6 MOTION to Substitute Party MOTION to Dismiss filed by Suzanne Roberge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K)(Valet, Thomas) (Attachment 1 replaced on 1/26/2016) (hmr, ). |
| Filing 7 NOTICE of Appearance by Thomas P. Valet on behalf of All Plaintiffs (Valet, Thomas) |
| Filing 6 MOTION to Substitute Party , MOTION to Dismiss ( Reply to Response to Motion due by 1/22/2016.) Motion Hearing set for 2/2/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 1/19/2016 filed by John McAndrew. (Attachments: #1 Memorandum of Law, #2 Certificate of Service) Motions referred to Daniel J. Stewart. (Clark, Cathleen) |
| Filing 5 CERTIFICATE OF SERVICE by John McAndrew re #2 State Court Complaint, #1 Notice of Removal, (Clark, Cathleen) |
| Filing 4 NOTICE: of Admission Requirement as to Party Plaintiff - Attorney Thomas P. Giuffra. Contact information for Attorney Giuffra is: Phone: 212-684-1880, Fax: 212-689-8156, and Email: tgiuffra@rheingoldlaw.com. Admissions due by 1/6/2016. {A copy of this letter was also sent by U.S. Postal Mail to Attorney Giuffra}.(rep) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/8/2016 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/1/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep) |
| Filing 2 STATE COURT COMPLAINT: Filed by Suzanne Roberge against John McAndrew, M.D. and Healthalliance Hospital Broadway Campus. Originally filed in the Supreme Court of the State of New York County of Ulster on July 30, 2015. Case No. 15-2421.(rep) |
| Filing 1 NOTICE OF REMOVAL: From New York State Supreme Court County of Ulster, case number 15 - 2421. Notice of Removal filed by Defendant John McAndrew, MD (Filing fee waived as case was opened by the U.S. Government). (Attachments: #1 Notice of Filing of Petition for Removal, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Declaration, #4 Exhibit C - Certification, #5 Civil Cover Sheet)(rep) |
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