Patel, M.D., P.C. v. Bandikatla, M.D.
| HEMANT PATEL, M.D., P.C. |
| THEJASWI BANDIKATLA and Thejaswi Bandikatla, M.D. |
| John Doe 1, Inc. and John Doe 2 Individually |
| 1:2018cv10227 |
| November 2, 2018 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 ds |
| Both |
Docket Report
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Filing 22
LETTER addressed to Judge Lorna G. Schofield from Fitzmore Harris, Esq. dated 12/24/2018 re: Response to Defendant's letter dated 11/9/18. Document filed by Hemant Patel, M.D., P.C..(Harris, Fitzmore)
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Filing 21
ORDER denying #8 Motion to Remand to State Court. It is hereby ORDERED that for the reasons stated at the December 20, 2018, conference, Plaintiffs motion to remand is DENIED. It is further ORDERED that by December 24, 2018, Plaintiff shall file a letter in response to Defendants premotion letter at Dkt. 4. Plaintiffs response letter shall include a joint proposed briefing schedule for the motion to dismiss. The Clerk of Court is respectfully directed to close the motion at Dkt. 8.. (Signed by Judge Lorna G. Schofield on 12/20/2018) (jca)
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Filing 20
ORDER: It is hereby ORDERED that the Defendant's proposed redactions are accepted. It is further ORDERED that by December 21, 2018, Defendant shall file a redacted version of her sur-reply on ECF. (As further set forth in this Order.) (Surreplies due by 12/21/2018.) (Signed by Judge Lorna G. Schofield on 12/20/2018) (cf)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 12/20/2018. (jcs)
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Set/Reset Deadlines: Responses due by 12/24/2018 (jca)
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Filing 19
REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Remand to State Court . . Document filed by Hemant Patel, M.D., P.C.. (Harris, Fitzmore)
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Filing 18
MEMO ENDORSEMENT on re: #17 Affirmation in Opposition to Motion filed by Thejaswi Bandikatla, M.D. ENDORSEMENT: Defendant filed portions of exhibits submitted in her sur-reply (Dkt. 17) under seal. These documents are stricken for their failure to comply with Individual Rule I.C.3. Pursuant to Rule I.C.3, Defendant shall e-mail (1) unredacted versions of the materials that she is requesting to file under seal and (2) a letter explaining the reasons for seeking to file under seal to the Chambers Inbox by December 19, 2018, at 6:00 P.M. The e-mailed materials will be considered when Plaintiff's motion to remand is adjudicated. (Signed by Judge Lorna G. Schofield on 12/19/2018) (cf)
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Filing 17
AFFIRMATION of Thejaswi Bankikatla, M.D. in Opposition re: #8 MOTION to Remand to State Court .. Document filed by Thejaswi Bandikatla, M.D.. (Heck, Scott)
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Filing 16
MEMO ENDORSEMENT on re: #15 LETTER MOTION for Leave to File sur-reply in Response to Defendant's sur-reply addressed to Judge Lorna G. Schofield from Fitzmore Harris, Esq. dated 12/18/2018. filed by Hemant Patel, M.D., P.C. ENDORSEMENT: Application GRANTED. Plaintiff shall file his sur-reply in response to Defendant's sur-reply by December 19, 2018, at 5:00 P.M. Defendant's sur-reply shall not exceed two single-spaced pages. No further materials related to the motion to remand will be accepted. (Signed by Judge Lorna G. Schofield on 12/19/2018) (jcs)
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Filing 15
LETTER MOTION for Leave to File sur-reply in Response to Defendant's sur-reply addressed to Judge Lorna G. Schofield from Fitzmore Harris, Esq. dated 12/18/2018. Document filed by Hemant Patel, M.D., P.C..(Harris, Fitzmore)
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Filing 14
ORDER granting #12 Letter Motion for Leave to File Document. Defendant shall file the affirmation in sur-reply with exhibits by December 19, 2018, at 12:00 P.M. The materials will be considered, if appropriate to do so in light of Plaintiff's objection (Dkt. No. 13), when the motion to remand is decided. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/18/2018) (rro)
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Set/Reset Deadlines: Surreplies due by 12/19/2018. (rro)
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Filing 13
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Fitzmore Harris, Esq. dated 12/17/2018 re: #12 LETTER MOTION for Leave to File Affirmation in Support of Sur-Reply addressed to Judge Lorna G. Schofield from Scott V. Heck, Esq. dated 12/17/18. . Document filed by Hemant Patel, M.D., P.C.. (Harris, Fitzmore)
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Filing 12
LETTER MOTION for Leave to File Affirmation in Support of Sur-Reply addressed to Judge Lorna G. Schofield from Scott V. Heck, Esq. dated 12/17/18. Document filed by Thejaswi Bandikatla, M.D.. Return Date set for 12/20/2018 at 10:30 AM.(Heck, Scott)
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Filing 11
REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Remand to State Court . . Document filed by Hemant Patel, M.D., P.C.. (Attachments: #1 Affidavit Reply Affidavit of Hemant K. Patel, M.D., #2 Exhibit Email Correspondence dated June 5, 2018 from Dr. Bandikatla, #3 Exhibit Defendant's Pay Stub, #4 Exhibit Email Correspondence dated May 17, 2018, #5 Exhibit NYSED Verification Search Result dated December 14, 2018)(Harris, Fitzmore)
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Filing 10
RESPONSE in Opposition to Motion re: #8 MOTION to Remand to State Court . . Document filed by Thejaswi Bandikatla, M.D.. (Heck, Scott)
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Filing 9
ORDER: ORDERED Defendants shall file an Opposition to Plaintiff's motion to remand by December 11, 2018. Plaintiff shall file a Reply by December 14, 2018. A conference will be held on December 20, 2018, to discuss the issues raised in the parties' submissions. It is further ORDERED that the briefing schedule entered at Dkt. 6 is stricken. (Set Deadlines/Hearing as to #8 MOTION to Remand to State Court: Responses due by 12/11/2018, Replies due by 12/14/2018.) (Signed by Judge Lorna G. Schofield on 12/4/2018) (jwh)
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Filing 8
MOTION to Remand to State Court . Document filed by Hemant Patel, M.D., P.C.. (Attachments: #1 Declaration in Support of Motion to Remand, #2 Exhibit Summons & Complaint, #3 Exhibit Affidavit of Service, #4 Exhibit Notice of Removal, #5 Exhibit Contract dated October 15, 2015, #6 Exhibit NYSED Verification Search, #7 Exhibit Defendant's Registration Certificate 2017-2018, #8 Exhibit Defendant's Registration Certificate 2018-2019, #9 Exhibit Letter of Resignation dated September 16, 2018, #10 Exhibit Letter dated 11/16/2018 to Defendant's Counsel, #11 Memorandum of Law in Support of Motion to Remand)(Harris, Fitzmore)
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Filing 7
LETTER addressed to Judge Lorna G. Schofield from Fitzmore Harris, Esq. dated 11/16/2018 re: Defendant's Notice of Removal. Document filed by Hemant Patel, M.D., P.C..(Harris, Fitzmore)
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Filing 6
MEMO ENDORSEMENT on re: #4 Letter filed by Thejaswi Bandikatla, M.D. ENDORSEMENT: Briefing Schedule vacated as per Judge's Order dated 12/4/2018, Doc. #9 Application GRANTED. Plaintiff shall file a response by November 23, 2018. The parties' letters will be discussed at the initial pretrial conference on January 10, 2018. (Motions due by 11/30/2018., Responses due by 12/17/2018, Replies due by 1/4/2019.) (Signed by Judge Lorna G. Schofield on 11/13/2018) (rro) Modified on 12/4/2018 (jwh).
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Filing 5
ORDER: Initial Conference set for 1/10/2019 at 10:30 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/13/2018) (mro)
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Filing 4
LETTER addressed to Judge Lorna G. Schofield from Scott V. Heck, Esq. dated 11/9/18 re: Request to file a pre-answer motion. Document filed by Thejaswi Bandikatla, M.D..(Heck, Scott)
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Filing 3
CIVIL COVER SHEET filed. (Heck, Scott)
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Filing 2
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 31560/2018E..Document filed by Thejaswi Bandikatla, M.D.. (Attachments: #1 Exhibits to Notice of Removal, #2 Notice to Plaintiff of Removal, #3 Notice to State Court of Removal)(Heck, Scott)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Heck. The following case opening statistical information was erroneously selected/entered: Dollar Demand 1000000000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 1000000. (dnh) Modified on 11/5/2018 (dnh).
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Heck. The party information for the following party/parties has been modified: HEMANT PATEL, M.D., ; THEJASWI BANDIKATLA, M.D.,. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Scott Heck re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add parties John Doe 1, Inc. and John Doe 2 with party text 'individually'. The wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against . (dnh) Modified on 11/5/2018 (dnh).
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Scott Heck. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (dnh)
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Case Designated ECF. (dnh)
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Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court of NY, County of Bronx. Case Number: 31560/2018E. (Filing Fee $ 400.00, Receipt Number ANYSDC-15855431).Document filed by HEMANT PATEL, M.D., P.C.. (Attachments: #1 Exhibits to Notice of Removal, #2 Notice to Plaintiff of Removal, #3 Notice to State Court of Removal, #4 Civil Cover Sheet)(Heck, Scott) Modified on 11/5/2018 (dnh).
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