Hull v. Thibault et al
| Christopher J. Hull |
| Oswego Hospital, Northern Oswego County Health Services, Inc. doing business as Connextcare Pulaski, Oswego Health, Inc. and M.D. Glenn F. Thibault |
| 5:2021cv00690 |
| June 14, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.
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Filing 12
ORDER on STIPULATION OF DISMISSAL #11 Stipulation of Dismissal filed by Christopher J. Hull. IT IS ORDERED AND ADJUDGED that this action is dismissed in this Court, particularly with respect to Defendant GLENN F. THIBAULT, M.D. and Defendant NORTHERN OSWEGO COUNTY HEALTH SERVICES, INC. d/b/a CONNEXTCARE PULASKI, without costs and without prejudice to reopen the action or commence a new action in this court, and it is further ORDERED that the action is remanded back to Oswego Supreme Court as it relates to the remaining defendants, Oswego Health Inc. and Oswego Hospital. Signed by Senior Judge Thomas J. McAvoy on August 10, 2021. (Copy served on Oswego County Supreme Court via regular mail)(gmd)
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| CLERK'S CORRECTION OF DOCKET ENTRY the clerk has removed docket entries # 12 Stipulation of Dismissal and #13 Judgment as they were docketed in error, no judgment was needed. The clerk will re-docket order on stipulation ASAP. (gmd) |
| Filing 11 STIPULATION of Dismissal by Christopher J. Hull submitted to Judge Dancks. (Kirwan, Terry) |
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Filing 10
TEXT ORDER: Court reviewed the tardy status report and appreciates the clarification on service of process. The proposed stipulation does not identify the correct court or have signature allotments for all parties to sign it and therefore should be corrected before execution and filing with the Court. The stipulation should also address remanding the matter back to state court as against Oswego Health, Inc/Oswego Hospital. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/13/2021. (sg )
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| Filing 9 STATUS REPORT by Christopher J. Hull. (Attachments: #1 Exhibit(s))(Kirwan, Terry) |
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Filing 8
TEXT ORDER: Court reviewed status report (Dkt. No. #7 ) and two proofs of service of the summons and complaint on defendant Oswego Health Inc. which indicate service occurred at 11:25PM. Plaintiff's counsel is directed to file a proof of service regarding Oswego Hospital by 7/9/2021. Plaintiff shall also file a status report by 7/9/2021 as to any communications with a representative of defendants Oswego Health, Inc. and Oswego Hospital. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/6/2021. (sg)
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| Filing 7 STATUS REPORT Letter to Judge Dancks with proof of service per Text Order by Christopher J. Hull. (Kirwan, Terry) |
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Filing 6
TEXT ORDER: Court has reviewed docket. In light of the filing of the Motion to Dismiss by defendants Northern Oswego County Health Services, Inc. and Glenn F. Thibault (Dkt. No. #4 ), the 7/14/2021 telephone Rule 16 Conference and the associated deadlines are adjourned without new date at this time. IT IS FURTHER ORDERED, that Plaintiff is directed to file a status report or proof of service on defendants Oswego Health, Inc. and Oswego Hospital by 7/2/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/22/2021. (sg)
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| Filing 5 CERTIFICATE OF SERVICE by Northern Oswego County Health Services, Inc., Glenn F. Thibault re #4 MOTION to Dismiss filed by Northern Oswego County Health Services, Inc., Glenn F. Thibault. Motion returnable before Judge McAvoy (Folster Lesperance, Karen) |
| Filing 4 MOTION to Dismiss filed by Northern Oswego County Health Services, Inc., Glenn F. Thibault. Motion returnable before Judge McAvoy Response to Motion due by 7/12/2021. Reply to Response to Motion due by 7/19/2021 (Attachments: #1 Memorandum of Law) (Folster Lesperance, Karen) |
| ***Answer deadline set for Northern Oswego County Health Services, Inc., and Glenn F. Thibault to 6/21/2021. (jmb) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 7/14/2021 at 11:15 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/7/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 2 STATE COURT SUMMONS & COMPLAINT: relating to the #1 Notice of Removal, filed by Glenn F. Thibault, M.D. and Northern Oswego County Health Services, Inc.,. (jmb) |
| Filing 1 NOTICE OF REMOVAL: from NYS Supreme Court, Oswego County, case number FC-2021-0486 filed by Glenn F. Thibault, Northern Oswego County Health Services, Inc. (Attachments: #1 Exhibit A - State Court Summons & Complaint, #2 Exhibit B - Declaration of Meredith Torres, #3 Exhibit C - Certification, #4 Civil Cover Sheet) Filing Fee Waived - Federal Defendants. (jmb) |
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