Mosher v. DaVita Healthcare Partners Inc.
Plaintiff: Robert D. Mosher
Defendant: DaVita Healthcare Partners Inc. and DaVita Inc.
Case Number: 1:2015cv07594
Filed: September 25, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: J Paul Oetken
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 ds Diversity-Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 20, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2016 Opinion or Order Filing 37 OPINION AND ORDER: For the foregoing reasons, Mosher's petition for attorneys fees and costs is GRANTED in part. Mosher is hereby awarded $26,120.59 in fee compensation for 30 hours worked and research costs. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/20/2016) (ama)
June 23, 2016 Opinion or Order Filing 36 REPLY MEMORANDUM OF LAW in Support re: #32 Notice (Other) of Petition for an Award of Attorneys' Fees and Costs Pursuant to this Court's May 23, 2016 Opinion and Order and 28 U.S.C. 1447(c). Document filed by Robert D. Mosher. (Kasner, Jay)
June 20, 2016 Opinion or Order Filing 35 MEMORANDUM OF LAW in Opposition re: #32 Notice (Other) ; Memorandum of Law in Opposition to Plaintiff's Petition for an Award of Attorney's Fees and Costs. Document filed by DaVita Healthcare Partners Inc.. (Attachments: #1 Exhibit 1)(Esposito, Grant)
June 6, 2016 Opinion or Order Filing 34 DECLARATION of Jay B. Kasner in Support re: #32 Notice of Plaintiff's Petition For An Award Of Attorneys' Fees And Costs Pursuant To This Court's May 23, 2016 Opinion And Order And 28 U.S.C. 1447(c) . Document filed by Robert D. Mosher. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kasner, Jay)
June 6, 2016 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: #32 Notice (Other) of Plaintiff's Petition For An Award Of Attorneys' Fees And Costs Pursuant To This Court's May 23, 2016 Opinion And Order And 28 U.S.C. 1447(c). Document filed by Robert D. Mosher. (Kasner, Jay)
June 6, 2016 Opinion or Order Filing 32 NOTICE of Plaintiff's Petition For An Award Of Attorneys' Fees And Costs Pursuant To This Court's May 23, 2016 Opinion And Order And 28 U.S.C. 1447(c). Document filed by Robert D. Mosher. (Kasner, Jay)
May 23, 2016 Opinion or Order CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS AIRBILL # 1Z E22 E53 37 1004 295 4 on 5/24/2016. (kko)
May 23, 2016 Opinion or Order Filing 31 OPINION AND ORDER re: #18 MOTION to Remand to State Court MOTION for Attorney Fees filed by Robert D. Mosher. For the foregoing reasons, Mosher's motion to remand is GRANTED. The Clerk of Court is directed to close the motion at Docket Number 18, and remand the case to the Supreme Court of New York for New York County. Mosher's motion for attorneys' fees and costs is GRANTED. This Court retains jurisdiction solely for the purpose of acting on Mosher's motion for fees and costs. See Bryant v. Britt, 420 F.3d 161, 165 (2d Cir. 2005). Mosher's petition for fees and costs shall be filed within 14 days of the date of this order. DaVita's response shall be filed 14 days thereafter, and Mosher's reply shall be filed within 7 days of DaVita's response. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/23/2016) (ama)
May 23, 2016 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #31 Memorandum & Opinion,,,, to the Docket Assistant Clerk for case processing. (ama)
March 7, 2016 Opinion or Order Filing 30 ORDER OF WITHDRAWAL OF DANIEL MATZA-BROWN, ESQ. granting #28 MOTION for Daniel Matza-Brown to Withdraw as Attorney. Upon consideration of the request to withdraw by Daniel Matza-Brown, Esq., this Court orders that Daniel Matza-Brown, Esq. be withdrawn from this case, and further orders that Mr. Matza-Brown be removed from the Court's electronic service list. SO ORDERED. (Attorney Daniel Matza-Brown terminated.) (Signed by Judge J. Paul Oetken on 3/7/2016) (adc)
March 4, 2016 Opinion or Order Filing 29 AFFIRMATION of Daniel Matza-Brown in Support re: #28 MOTION for Daniel Matza-Brown to Withdraw as Attorney .. Document filed by DaVita Healthcare Partners Inc.. (Matza-Brown, Daniel)
March 4, 2016 Opinion or Order Filing 28 MOTION for Daniel Matza-Brown to Withdraw as Attorney . Document filed by DaVita Healthcare Partners Inc.. (Attachments: #1 Text of Proposed Order)(Matza-Brown, Daniel)
January 11, 2016 Opinion or Order Filing 27 LETTER addressed to Judge J. Paul Oetken from Grant J. Esposito dated January 11, 2016 re: Response to Plaintiff's Letter Dated January 8, 2016. Document filed by DaVita Healthcare Partners Inc.. (Attachments: #1 Exhibit Attachment 1)(Esposito, Grant)
January 8, 2016 Opinion or Order Filing 26 LETTER addressed to Judge J. Paul Oetken from Jay B. Kasner dated January 8, 2016 re: Recent Decision. Document filed by Robert D. Mosher.(Kasner, Jay)
October 23, 2015 Opinion or Order Filing 25 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Remand to State Court . MOTION for Attorney Fees . . Document filed by Robert D. Mosher. (Kasner, Jay)
October 20, 2015 Opinion or Order Filing 24 DECLARATION of David J. Fioccola in Opposition re: #18 MOTION to Remand to State Court . MOTION for Attorney Fees .. Document filed by DaVita Healthcare Partners Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fioccola, David)
October 20, 2015 Opinion or Order Filing 23 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Remand to State Court . MOTION for Attorney Fees . . Document filed by DaVita Healthcare Partners Inc.. (Fioccola, David)
October 9, 2015 Opinion or Order Filing 22 DECLARATION of Robin W. Devereux in Support re: #18 MOTION to Remand to State Court . MOTION for Attorney Fees .. Document filed by Robert D. Mosher. (Kasner, Jay)
October 9, 2015 Opinion or Order Filing 21 DECLARATION of Robert D. Mosher in Support re: #18 MOTION to Remand to State Court . MOTION for Attorney Fees .. Document filed by Robert D. Mosher. (Kasner, Jay)
October 9, 2015 Opinion or Order Filing 20 DECLARATION of Joseph N. Sacca in Support re: #18 MOTION to Remand to State Court . MOTION for Attorney Fees .. Document filed by Robert D. Mosher. (Kasner, Jay)
October 9, 2015 Opinion or Order Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Remand to State Court . MOTION for Attorney Fees . . Document filed by Robert D. Mosher. (Kasner, Jay)
October 9, 2015 Opinion or Order Filing 18 MOTION to Remand to State Court ., MOTION for Attorney Fees . Document filed by Robert D. Mosher.(Kasner, Jay)
October 9, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jay B. Kasner to RE-FILE Document #17 Declaration in Support of Motion, #15 Declaration in Support of Motion, #16 Declaration in Support of Motion, #14 Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
October 9, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jay B. Kasner to RE-FILE Document #13 MOTION to Remand . MOTION for Attorney Fees . Use the event type Remand to State Court found under the event list Motions. (db)
October 6, 2015 Opinion or Order Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robin W. Devereux in Support re: #13 MOTION to Remand . MOTION for Attorney Fees . Document filed by Robert D. Mosher. (Kasner, Jay) Modified on 10/9/2015 (db).
October 6, 2015 Opinion or Order Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert D. Mosher in Support re: #13 MOTION to Remand . MOTION for Attorney Fees .. Document filed by Robert D. Mosher. (Kasner, Jay) Modified on 10/9/2015 (db).
October 6, 2015 Opinion or Order Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Joseph N. Sacca in Support re: #13 MOTION to Remand . MOTION for Attorney Fees .. Document filed by Robert D. Mosher. (Kasner, Jay) Modified on 10/9/2015 (db).
October 6, 2015 Opinion or Order Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #13 MOTION to Remand . MOTION for Attorney Fees . . Document filed by Robert D. Mosher. (Kasner, Jay) Modified on 10/9/2015 (db).
October 6, 2015 Opinion or Order Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Remand ., MOTION for Attorney Fees . Document filed by Robert D. Mosher.(Kasner, Jay) Modified on 10/9/2015 (db).
September 30, 2015 Opinion or Order Filing 12 ORDER denying #10 Letter Motion for Conference.No pre-motion conference is required. Plaintiff may file his motion. Accordingly, the letter motion for a conference is denied as moot. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
September 30, 2015 Opinion or Order Filing 11 AFFIDAVIT OF SERVICE of Notice of Removal, Declaration of Daniel Matza-Brown, FRCP 7.1 Statement, Civil Cover Sheet, and Electronic Case Filing Rules & Instructions served on Robert D. Mosher on 9/25/2015. Service was made by UPS Overnight Delivery. Document filed by DaVita Healthcare Partners Inc.. (Fioccola, David)
September 29, 2015 Opinion or Order Filing 10 LETTER MOTION for Conference (Pre-Motion) addressed to Judge J. Paul Oetken from Jay B. Kasner dated September 29, 2015. Document filed by Robert D. Mosher. (Attachments: #1 Exhibit A)(Kasner, Jay)
September 29, 2015 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Daniel Matza-Brown on behalf of DaVita Healthcare Partners Inc.. (Matza-Brown, Daniel)
September 29, 2015 Opinion or Order Filing 8 NOTICE OF APPEARANCE by David John Fioccola on behalf of DaVita Healthcare Partners Inc.. (Fioccola, David)
September 28, 2015 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Joseph N. Sacca on behalf of Robert D. Mosher. (Sacca, Joseph)
September 28, 2015 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Sarah Bender-Nash on behalf of Robert D. Mosher. (Bender-Nash, Sarah)
September 28, 2015 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Jay B. Kasner on behalf of Robert D. Mosher. (Kasner, Jay)
September 28, 2015 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo)
September 28, 2015 Opinion or Order Magistrate Judge James L. Cott is so designated. (dgo)
September 28, 2015 Opinion or Order Case Designated ECF. (dgo)
September 25, 2015 Opinion or Order Filing 4 DECLARATION of Daniel Matza-Brown in Support re: #1 Notice of Removal,. Document filed by DaVita Healthcare Partners Inc.. (Matza-Brown, Daniel)
September 25, 2015 Opinion or Order Filing 3 CIVIL COVER SHEET filed. (Esposito, Grant)
September 25, 2015 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Berkshire Hathaway Inc. for DaVita Healthcare Partners Inc.. Document filed by DaVita Healthcare Partners Inc..(Esposito, Grant)
September 25, 2015 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652949/2015. (Filing Fee $ 400.00, Receipt Number 0208-11434020).Document filed by DaVita Healthcare Partners Inc.. (Attachments: #1 Exhibit A: Summons with Notice)(Esposito, Grant)

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Defendant: DaVita Healthcare Partners Inc.
Represented By: Grant Joseph Esposito
Represented By: David John Fioccola
Represented By: Daniel Matza-Brown
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Defendant: DaVita Inc.
Represented By: Daniel Matza-Brown
Represented By: Grant Joseph Esposito
Represented By: David John Fioccola
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Plaintiff: Robert D. Mosher
Represented By: Jay B. Kasner
Represented By: Joseph N. Sacca
Represented By: Sarah Bender-Nash
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