Krol v. The Cottages at Garden Grove
Plaintiff: Kenneth Krol
Defendant: The Cottages at Garden Grove
Case Number: 6:2021cv01038
Filed: September 18, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Glenn T Suddaby
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2021 Opinion or Order Filing 16 TEXT ORDER granting #15 joint letter motion for a combined briefing schedule as to the #10 Motion to Dismiss and #14 Motion to Remand as follows: Oppositions to motions are due on or before 11/17/2021 and replies are due to be filed on or before 11/23/2021. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/19/2021. (sal )
October 18, 2021 Filing 15 Consent Letter Motion for Extension of Time to File Response/Reply as to #10 Motion to Dismiss and #14 Motion to Remand filed by Kenneth Krol. (Farnolo, Nicholas) Modified on 10/18/2021 to remove response ddls. as this is a letter request and not a formal motion (sal ).
October 18, 2021 Filing 14 MOTION to Remand filed by Kenneth Krol. Response to Motion due by 11/8/2021. Reply to Response to Motion due by 11/15/2021 (Attachments: #1 Affidavit Affidavit of Nicholas Farnolo in Support of Motion, #2 Memorandum of Law Memorandum of Law, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B, #5 Exhibit(s) Exhibit C, #6 Exhibit(s) Exhibit D, #7 Exhibit(s) Exhibit E, #8 Exhibit(s) Exhibit F, #9 Declaration Certificate of Service) (Farnolo, Nicholas)
September 28, 2021 Filing 13 NOTICE of Appearance by Lori R. Semlies on behalf of The Cottages at Garden Grove (Semlies, Lori)
September 28, 2021 Filing 12 TEXT ORDER: The Rule 16 conference set for 10/20/2021 and 10/13/2021 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #10 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/28/2021. (kmc)
September 27, 2021 Filing 11 CERTIFICATE OF SERVICE by The Cottages at Garden Grove re #10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and failure to state a claim upon which relief may be granted filed by The Cottages at Garden Grove. Motion returnable before Judge Hon. Glenn T. Suddaby (Holland, Andrew)
September 27, 2021 Filing 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and failure to state a claim upon which relief may be granted filed by The Cottages at Garden Grove. Motion returnable before Judge Hon. Glenn T. Suddaby Response to Motion due by 10/18/2021. Reply to Response to Motion due by 10/25/2021 (Attachments: #1 Declaration of Andrew S. Holland, #2 Declaration of Tara Zgoda, #3 Exhibit(s) A - Call invitation, #4 Exhibit(s) B - emails from govt entities, #5 Exhibit(s) C - training materials, #6 Exhibit(s) D - mask instructions, #7 Exhibit(s) E - meeting minutes, #8 Exhibit(s) F - policies and procedures, #9 Exhibit(s) G - PPE orders, #10 Exhibit(s) H - correspondence from county, #11 Exhibit(s) I - PPE request, #12 Exhibit(s) J - letter of compliance and survey, #13 Exhibit(s) K - selections from medical records, #14 Memorandum of Law) (Holland, Andrew)
September 24, 2021 Filing 9 TEXT ORDER: Granting #7 Motion for Limited Admission Pro Hac Vice for attorney Lori Rosen Semlies. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Attorney Semlies is hereby admitted to practice in this action on behalf of The Cottages at Garden Grove. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/24/2021. (kmc)
September 22, 2021 Filing 8 CERTIFICATE OF SERVICE by The Cottages at Garden Grove re #7 MOTION for Limited Admission Pro Hac Vice of Lori Rosen Semlies Filing fee $100, receipt number ANYNDC-5654383. by mail on plaintiff's counsel (Holland, Andrew)
September 21, 2021 Filing 7 MOTION for Limited Admission Pro Hac Vice of Lori Rosen Semlies Filing fee $100, receipt number ANYNDC-5654383. (Attachments: #1 Declaration, #2 Exhibit(s) Petition for Admission, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) New Attorney Registration Form, #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Holland, Andrew)
September 20, 2021 Filing 6 NOTICE of Admission Requirement ; Attorney Lori Rosen Semlies. Phone number is 518-449-8893. Admissions due by 10/4/2021. {Notice served on attorney via regular mail}(pjh, )
September 20, 2021 Filing 5 NOTICE of Admission Requirement ; Attorney Joseph Ciaccio and Attorney Lisa Trazzera. Phone number is 212-397-1000. Admissions due by 10/4/2021. {Notice served on attorneys via regular mail}(pjh, )
September 20, 2021 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 10/20/2021 at 2:00 PM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/13/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, )
September 18, 2021 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by The Cottages at Garden Grove. (pjh, )
September 18, 2021 Filing 2 STATE COURT COMPLAINT filed by Kenneth Krol in Oneida County Supreme Court. (pjh, )
September 18, 2021 Filing 1 NOTICE OF REMOVAL from Oneida County Supreme Court, case number ECFA2021-001626 (Filing fee $402 receipt number ANYNDC-5652015) filed by The Cottages at Garden Grove. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Policies and Procedures, #3 Civil Cover Sheet)(pjh, )

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Plaintiff: Kenneth Krol
Represented By: Nicholas R. Farnolo
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Defendant: The Cottages at Garden Grove
Represented By: Andrew S. Holland
Represented By: Lori R. Semlies
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