The Estate of Willie Middleton v. CLR Troy LLC et al
Plaintiff: The Estate of Willie Middleton and Willie James Middleton
Defendant: CLR Troy LLC doing business as Troy Center for Rehabilitation and Nursing, ABC Corporation and ABC Partnership
Case Number: 1:2022cv01155
Filed: November 4, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Brenda K Sannes
Nature of Suit: P.I.: Other
Cause of Action: 42 U.S.C. ยง 247 Personal Injury-Swine Flu
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2022 Filing 10 NOTICE of Appearance by Nicholas R. Farnolo on behalf of All Plaintiffs (Farnolo, Nicholas)
November 8, 2022 Opinion or Order Filing 9 TEXT ORDER granting #8 Letter Motion from Andrew S. Holland for CLR Troy LLC requesting extend time to respond to complaint until 30 days after Second Circuit decides Leroy and Rivera-Zayas, AND to adjourn Rule 16 Conference : It is hereby ORDERED that Defendant's unopposed motion (ECF No. 8) for an extension of time to answer or otherwise move against the Complaint, until 30 days after the U.S. Court of Appeals for the Second Circuit renders decisions in the cases Leroy v. Hume and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, is granted. The Initial Conference scheduled for 12/22/2022 @ 9:30am and associated deadlines are adjourned at this time. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 11/8/2022. (tab)
November 8, 2022 Filing 8 Letter Motion from Andrew S. Holland for CLR Troy LLC requesting extend time to respond to complaint until 30 days after Second Circuit decides Leroy and Rivera-Zayas, AND to adjourn Rule 16 Conference submitted to Judge Hon. Christian F. Hummel on consent. (Attachments: #1 Exhibit(s) WDNY Text Order in Stevens v Genesee Valley)(Holland, Andrew)
November 8, 2022 Filing 7 AFFIDAVIT of Service for Notice of Removal with Exhibits, Civil Cover Sheet, Rule 7.1 Statement, G.O. 25 Order with previous state court filing and service of unfiled removal documents on 11/4/2022 served on Plaintiff's counsel - Napoli Shkolnik, PLLC on 11/8/2022, filed by CLR Troy LLC. (Holland, Andrew)
November 8, 2022 ***Answer due date updated for CLR Troy LLC answer due 11/14/2022. (khr)
November 8, 2022 TEXT NOTICE: Although the plaintiff herein has named ABC Corporation and ABC Partnership as defendants in the Complaint, the Clerk's Office will not issue summons(es) for service of process on an ABC Corporation and ABC Partnership defendants at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the ABC Corporation and ABC Partnership defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (khr)
November 7, 2022 Filing 6 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/22/2022 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
November 7, 2022 Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Joseph Ciaccio, Address 400 Broadhollow Road, Suite 305, Melville, New York 11747, Phone number 212-397-1000; Nicole Emanuele, Address 360 Lexington Ave., 11th Floor, New York, New York 10017, Phone number 212-397-1000. Admissions due by 11/21/2022. (khr)(Emailed to attorneys on 11/7/2022)
November 7, 2022 Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Defendant; Attorney Lori Rosen Semlies, Esq., Address is 200 Great Oaks Blvd., Suite 228, Albany, New York 12203. Phone number is 518-449-8893. Admissions due by 11/21/2022. (khr)(Emailed to Attorney on 11/7/2022)
November 4, 2022 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CLR Troy LLC. (khr)
November 4, 2022 Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court - County of Rensselaer. (khr)
November 4, 2022 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from NYS Supreme Court - County of Rensselaer, case number EF2022-272127 (Filing fee $402 receipt number ANYNDC-6091766) filed by CLR Troy LLC. (Attachments: #1 Exhibit - State Court Summons and Complaint, #2 Affidavit of Service - Secretary of State, #3 Exhibit - CLR Troy, #4 Exhibit - Covid-19 Reference Manual, #5 Exhibit - Quantities by Facility and Product, #6 Exhibit - Centers Healthcare PPE Orders, #7 Civil Cover Sheet)(khr)

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Plaintiff: The Estate of Willie Middleton
Represented By: Nicholas R. Farnolo
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Plaintiff: Willie James Middleton
Represented By: Nicholas R. Farnolo
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Defendant: CLR Troy LLC doing business as Troy Center for Rehabilitation and Nursing
Represented By: Andrew S. Holland
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Defendant: ABC Corporation
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Defendant: ABC Partnership
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