Rosa-Harris v. Samaritan Medical Center et al.
Plaintiff: Rosanique Rosa-Harris and William Harris
Defendant: Samaritan Medical Center, Jacklyn MacDonald, RN, Theresa McNitt, RN and Daniel C. Sessions, MD
3Rd Party Plaintiff: Kyanna Landers, RN
Case Number: 5:2023cv00289
Filed: March 3, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Lawrence E Kahn
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1442 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2023 Filing 14 REPLY to Response to Motion re #7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Substitute Party or Alternatively a Stay of Proceeding filed by Daniel C. Sessions, MD. Motion returnable before Judge Kahn filed by Daniel C. Sessions, MD. (Attachments: #1 Declaration of Emer M. Stack, #2 Exhibit(s) A to Stack Decl., #3 Exhibit(s) B to Stack Decl.)(Stack, Emer)
April 12, 2023 Filing 13 RESPONSE in Opposition re #7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Substitute Party or Alternatively a Stay of Proceeding filed by Daniel C. Sessions, MD. Motion returnable before Judge Kahn filed by Kyanna Landers, RN. (Attachments: #1 Memorandum of Law in Opposition to Third-Party Defendant's Motion to Dismiss, #2 Certificate of Service)(McGorry, Mollie)
March 23, 2023 Filing 12 NOTICE OF APPEARANCE by Mollie C. McGorry on behalf of Kyanna Landers, RN (McGorry, Mollie)
March 16, 2023 Opinion or Order Filing 11 TEXT ORDER: The Court has received a Letter Motion from Counsel Mollie C. McGorry requesting that the pending motion, Dkt. No. #7 , "be adjourned or held in abeyance until my application can be submitted and my admissions process complete so that I can appear and respond on behalf of my client." Dkt. No. #10 . The Court construes this Letter Motion as an extension request, and accordingly GRANTS the request. Counsel Mollie C. McGorry will have thirty (30) days from the day she filed her request to respond on behalf of Kyanna Landers R.N., to the pending motion at Dkt. No. #7 . Accordingly, Kyanna Landers R.N.'s response is due April 12, 2023 and Third-Party Defendant Daniel C. Session's Reply is due April 19, 2023. SO ORDERED by Senior Judge Lawrence E. Kahn on 3/16/2023. (dpk)
March 14, 2023 Filing 10 Letter Motion dated March 13, 2023 by Mollie C. McGorry, Esq., for Kyanna Landers, RN requesting motion be adjourned or held in abeyance until attorney admission application process is completed submitted to Judge Lawrence E. Kahn. (jel, )
March 10, 2023 Opinion or Order Filing 9 TEXT ORDER: In light of the filing of the #7 Motion to Dismiss by third party defendant, the 4/24/2023 telephone Rule 16 Conference and associated deadlines are adjourned without new date until the issues in the pending motion (Dkt. No. 7) are resolved. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/10/2023. (sg )
March 10, 2023 Filing 8 CERTIFICATE OF SERVICE by Daniel C. Sessions, MD re #7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Substitute Party or Alternatively a Stay of Proceeding filed by Daniel C. Sessions, MD. Motion returnable before Judge Kahn (Stack, Emer)
March 10, 2023 Filing 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Substitute Party or Alternatively a Stay of Proceeding filed by Daniel C. Sessions, MD. Motion returnable before Judge Kahn Response to Motion due by 3/31/2023. Reply to Response to Motion due by 4/7/2023 (Attachments: #1 Memorandum of Law, #2 Declaration of Nancy Draper, #3 Exhibit(s) A - SF95) (Stack, Emer)
March 7, 2023 ***Answer due date updated for Daniel C. Sessions, MD answer due 3/10/2023. (mgh)
March 6, 2023 Filing 6 NOTICE OF ADMISSION REQUIREMENT as to Party Kyanna Landers, RN; Attorney Mollie C. McGorry, Esq. and Andrew M. Debbins, Esq., Email address is mcm@connorsllp.com. Phone number is (716) 852-5533. Admissions due by 3/20/2023. {Notice of Admission requirement emailed to Attorney McGorry and mailed to Attorney Debbins on 3/6/2023.}(mgh)
March 6, 2023 Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/24/2023 10:15 AM by Telephone 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 4/17/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Courtesy copies emailed to Attorney McGorry and conventionally mailed to Attorney Debbins.} (mgh)
March 3, 2023 Filing 4 THIRD PARTY COMPLAINT against Daniel C. Sessions, MD filed by Kyanna Landers, RN.(mgh)
March 3, 2023 Filing 3 ANSWERS to Complaint by Kyanna Landers, RN, Jacklyn MacDonald, RN, Theresa McNitt, RN, Samaritan Medical Center. (Attachments: #1 Answer as to Jacklyn MacDonla, RN, #2 Answer as to Theresa McNitt, RN, #3 Answer as to Kyanna Landers, RN)(mgh)
March 3, 2023 Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Jefferson County Supreme Court. (mgh)
March 3, 2023 Filing 1 NOTICE OF REMOVAL from Jefferson County Supreme Court, case number EF2021-00001993 filed by Daniel C. Sessions, MD. (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 Civil Cover Sheet)(mg) Modified on 3/6/2023 to reflect the correct filing date(mgh,).

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Search for this case: Rosa-Harris v. Samaritan Medical Center et al.
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Plaintiff: Rosanique Rosa-Harris
Represented By: Connor J. Gilbert
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Plaintiff: William Harris
Represented By: Connor J. Gilbert
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Defendant: Samaritan Medical Center
Represented By: Jennifer Ploetz Williams
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Defendant: Jacklyn MacDonald, RN
Represented By: Jennifer Ploetz Williams
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Defendant: Theresa McNitt, RN
Represented By: Jennifer Ploetz Williams
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Defendant: Daniel C. Sessions, MD
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3rd party plaintiff: Kyanna Landers, RN
Represented By: Mollie C. McGorry
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