Thomas et al v. Mohawk Valley Health System et al
| Gina Antonelli and Carol Thomas |
| Does 1 through 10, Mohawk Valley Health System and St. Elizabeth Hospital |
| 6:2020cv01347 |
| October 30, 2020 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Civil Rights: Other |
| 42 U.S.C. § 12101 American Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 18
STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Brenda K. Sannes on 11/19/2020. (rjb, )
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| Filing 17 STIPULATION of Discontinuance by Mohawk Valley Health System, St. Elizabeth Hospital. (Poplawski, Ryan) |
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Filing 16
ORDER denying Plaintiffs' #2 Motion for TRO. Signed by Judge Brenda K. Sannes on 11/5/2020. (rjb, )
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| Filing 15 LETTER BRIEF letter to ct on facility for proposed transfer by Gina Antonelli. (Dague, Raymond) |
| Filing 14 NOTICE of Appearance by Mary L. D'Agostino on behalf of Mohawk Valley Health System, St. Elizabeth Hospital (D'Agostino, Mary) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 11/4/2020. Appearances: Raymond Dague, Esq. for Plaintiffs; Ryan Poplawski, Esq. for Defendants. Counsel update the Court on the status of the patient's possible transfer. Counsel will continue to have settlement negotiations and the Court will issue a written decision shortly on the motion. (Court Reporter Eileen McDonough; 4:30PM-4:49PM) (rjb, ) |
| Filing 13 AFFIDAVIT of Traci Boris, Esq. in Support of an Application on behalf of the Hospital seeking to require Plaintiffs to post a bond by Mohawk Valley Health System, St. Elizabeth Hospital. (Poplawski, Ryan) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 11/3/2020. Appearances: Raymond Dague, Esq for Plaintiffs; Ryan Poplawski, Esq. and Mary D'Agostino, Esq. for Defendants. Attorney Dague informs the Court that Plaintiffs are not able to get a bond and will not be filing an appeal. Attorney Dague also advises the Court that Plaintiffs have found a facility that has agreed to take the patient and requests time to effectuate a transfer, he will get more information regarding this to provide to Defendants. Attorney Poplawski will confer with his clients about this. Telephone conference scheduled for 11/4/2020 at 4:30PM. Counsel will file a status report with the Court if the conference is not necessary. (Court Reporter Jodi Hibbard; 4:30PM-4:43PM) (rjb, ) |
| Filing 12 NOTICE of Appearance by Mary L. D'Agostino on behalf of Mohawk Valley Health System, St. Elizabeth Hospital (D'Agostino, Mary) |
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Filing 11
TEXT ORDER: The Court has reviewed the parties' submissions #7 , #8 . Plaintiffs have not identified any caselaw support for the federal claims alleged in the Complaint. At the hearing on this matter Plaintiffs should be prepared to address the caselaw cited by Defendants (Dkt. No. #8 , at 11-14), which indicates that this Court is barred from exercising jurisdiction under the Rooker-Feldman Doctrine; that private hospital defendants are not state actors subject to an action under 42 USC 1983; and that the facts of this case do not support a cause of action under either the Americans With Disabilities Act or the Rehabilitation Act of 1973. SO ORDERED by Judge Brenda K. Sannes on 11/2/2020. (rjb, )
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| Filing 10 LETTER BRIEF Amended to include Exhibit C by Mohawk Valley Health System, St. Elizabeth Hospital. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(Poplawski, Ryan) |
| Filing 9 LETTER BRIEF Amended to include exhibits A, B, D, E, F, G, H & I by Mohawk Valley Health System, St. Elizabeth Hospital. (Attachments: #1 Exhibit(s) Exhibits A & B, #2 Exhibit(s) Exhibits D - I)(Poplawski, Ryan) |
| Filing 8 LETTER BRIEF by Mohawk Valley Health System, St. Elizabeth Hospital. (Poplawski, Ryan) |
| Filing 7 NOTICE of Appearance by Raymond J. Dague on behalf of All Plaintiffs (Attachments: #1 Motion for TRO/PI ltr to ct, #2 Affirmation affirmation of Dr. Lynch, #3 Exhibit(s) Susan's Advance directive, #4 Exhibit(s) Nakar case NY 2019)(Dague, Raymond) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint, #2 Motion for TRO: Clerk added the receipt that was emailed to Attorney Gina M. Antonelli-Hensel to the Dkt. No. #1 docket entry; Clerk also replaced the main document at Dkt. No. #2 - Motion for Temporary Restraining Order with a version that was signed, since the document that was originally filed was not signed. (hmr) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 11/2/2020. Appearances: Raymond Dague, Esq. for Plaintiffs; Ryan Poplawski, Esq. and Mary D'Agostino, Esq. for Defendants. Judge Sannes has read the parties' briefs and hears from counsel. Judge Sannes denies the motion for TRO, a written decision will be issued. A follow up conference is scheduled for 11/3/2020 at 4:30 PM so that plaintiffs can determine whether they intend to appeal this Court's decision. The Court will consider entering a limited stay order and a bond if plainitffs wish to proceed with an expedited appeal. Defendants agree to hold off on executing the order of extubation until these issues have been decided at tomorrow's conference. (Court Reporter Jodi Hibbard; 4:30PM-5:08PM) (rjb, ) |
| Filing 6 NOTICE of Appearance by Ryan M. Poplawski on behalf of Mohawk Valley Health System, St. Elizabeth Hospital (Poplawski, Ryan) |
| Filing 5 AFFIDAVIT of Service for service on Mohawk Valley Health System and St. Elizabeth Hospital on 10/30/2020, filed by Gina Antonelli, Carol Thomas. (hmr) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/10/2021 at 10:00 AM by telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/3/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 3 Summonses Issued as to Mohawk Valley Health System, St. Elizabeth Hospital. (Attachments: #1 Summons Issued for St. Elizabeth Hosptial)(hmr) |
| Filing 2 MOTION for Temporary Restraining Order by Gina Antonelli, Carol Thomas. (Attachments: #1 Exhibit 1 Affidavit of Dr. Paul A. Byrne, #2 Exhibit 2 - Affidavit Dr. Cicero Coimbra, MD, #3 Emergency Petition, #4 Proposed Order)(hmr) (Attachment 1 replaced on 10/30/2020) (hmr, ). (Additional attachment(s) added on 10/30/2020: #5 Exhibit A - Paul A. Byrne, MD) (hmr, ). (Main Document 2 replaced on 11/2/2020) (hmr, ). |
| Filing 1 COMPLAINT against Does 1 through 10, Mohawk Valley Health System, St. Elizabeth Hospital (Filing fee $400 receipt number ANYNDC-5299804) filed by Carol Thomas, Gina Antonelli. (Attachments: #1 Civil Cover Sheet)(hmr) (Additional attachment(s) added on 11/2/2020: #2 Receipt No.: ANYNDC-5299804) (hmr, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #2 Motion for TRO: Clerk replaced the original Attachment 1 - Affidavit of Dr. Paul A. Byrne with a signed copy. Clerk also added the Exhibit A to the Affidavit to this docket entry. (hmr) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 10/30/2020. Appearances: Raymond Dague, Esq. for Plaintiffs; Ryan Poplawski, Esq. for Defendants. Judge Sannes hears from counsel on Plaintiffs' Motion for TRO. Defendants agree to hold off on executing the order of extubation until further order of the Court on Monday. Briefing due by 10:00 AM on 11/2/2020. Conference scheduled for 11/2/2020 at 3:00PM. (Court Reporter Jodi Hibbard; 3:32PM-3:58PM) (rjb, ) |
| TEXT NOTICE: Although the plaintiff herein has named John Does 1-10 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendants at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summonses will be issued at that time. (hmr) |
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