Brown et al v. Markowitz et al
| Susan Brown |
| Erin Morine, D.O., Glens Falls Hospital, Richard Dimick, M.D., Adirondacks Radiology Associates, P.C., David M. Markowitz, M.D. and United States of America |
| 1:2020cv01137 |
| September 18, 2020 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.
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Filing 13
DECISION AND ORDER that Defendant Morine's motion to substitute the United States of America for her and dismiss without prejudice Plaintiff's claims against it pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671-2680, for lack of subject-matter jurisdiction (Dkt. No. #5 ) is GRANTED. The Clerk of Court shall SUBSTITUTE the United States of America for Defendant Morine in the caption of this action. Plaintiff's claims against the United States of America are DISMISSED without prejudice. The remaining state-law claims against the other Defendants in Plaintiff's Amended Complaint (Dkt. No. #1 , Attach. 2, at 3-18) are REMANDED to New York State Supreme Court, Warren County. Signed by Chief Judge Glenn T. Suddaby on 11/13/2020. (sal )
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| Filing 12 LETTER BRIEF on behalf of the United States to be substituted for Erin Morine, DO by Erin Morine, DO. (Clark, Cathleen) |
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Filing 11
TEXT ORDER granting AUSA Clark SEVEN (7) DAYS from the date of this Text Order by which to file a letter-brief advising the Court whether the appropriate disposition is dismissal without prejudice or remand, and why. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/27/2020. (sal )
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| Filing 10 AFFIDAVIT in Opposition re #5 MOTION to Dismiss filed by Susan Brown. (Attachments: #1 Certificate of Service)(Szary, George) |
| TEXT NOTICE: The Rule 16 Initial Conference scheduled for October 20, 2020 before Magistrate Judge Daniel J. Stewart and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (mab) |
| Filing 9 NOTICE of Appearance by George J. Szary on behalf of Susan Brown (Szary, George) |
| Filing 8 NOTICE of Appearance by John W. VanDenburgh on behalf of Adirondacks Radiology Associates, P.C., Richard Dimick, MD, David M. Markowitz, MD (Attachments: #1 Certificate of Service for Notice of Appearance of John W. VanDenburgh, Esq.)(VanDenburgh, John) |
| TEXT NOTICE re Motion #5 to Substitute United States of America for Erin Morine, D.O. and to Dismiss pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671-2680: Response to Motion due by 10/19/2020. Reply to Response to Motion due by 10/26/2020. This motion is taken on submission of the papers and returnable on 11/5/2020 before Chief Judge Glenn T. Suddaby. No appearances are required (sal) |
| Filing 7 NOTICE of Appearance by Diane Lufkin Schilling on behalf of Adirondacks Radiology Associates, P.C., Richard Dimick, MD, David M. Markowitz, MD (Attachments: #1 Certificate of Service for Notice of Appearance of Diane Lufkin Schilling, Esq.)(Schilling, Diane) |
| Filing 6 CERTIFICATE OF SERVICE by Erin Morine, DO re #5 MOTION to Dismiss (Clark, Cathleen) |
| Filing 5 MOTION to Dismiss Motion Hearing set for 11/5/2020 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 10/19/2020 Reply to Response to Motion due by 10/26/2020. filed by Erin Morine, DO. (Attachments: #1 Memorandum of Law) (Clark, Cathleen) |
| Filing 4 CERTIFICATE OF SERVICE by Erin Morine, DO re #1 Notice of Removal, (Clark, Cathleen) |
| ***Answer due date updated for Erin Morine, DO answer due 9/25/2020. (dpk) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/20/2020 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 10/13/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk) Modified on 9/21/2020 (dpk). |
| Filing 2 State Court Records filed by Erin Morine, DO. (Attachments: #1 Amended State Court Record) (dpk) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Warren, case number EF2020-67896 filed by Erin Morine, DO. (Attachments: #1 Exhibit A1 (State Supreme Court Summons, Complaint and Certificate of Merit), #2 Exhibit A2 (Amended State Supreme Court Summons, Complaint and Certificate of Merit), #3 Civil Cover Sheet, #4 Certification) Fee Waived. (dpk) (Additional attachment(s) added on 9/21/2020: #5 Exhibit B (Declaration of Meredith Torres)) (dpk, ). |
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