Clark v. Bay Park Center For Nursing and Rehabilitation, LLC et al
| Sherard Clark |
| Does 1-25, Naomi Tessler, Bay Park Center For Nursing and Rehabilitation, LLC, Mayer Fischl, Ben Philipson, Berish Rubinstein, Eli Grinspan, Sentosacare, LLC, Benjamin Landa and Chana Laerner |
| 1:2019cv00506 |
| January 17, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 nr |
| Defendant |
Docket Report
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This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Remand . . Document filed by Sherard Clark. (Garber, Todd) |
| Filing 12 AFFIRMATION of Lori R. Semlies in Opposition re: #8 MOTION to Remand .. Document filed by Bay Park Center For Nursing and Rehabilitation, LLC, Does 1-25, Mayer Fischl, Eli Grinspan, Chana Laerner, Benjamin Landa, Ben Philipson, Berish Rubinstein, Sentosacare, LLC, Naomi Tessler. (Semlies, Lori) |
Filing 11
ORDER denying without prejudice #4 Motion to Compel; denying without prejudice #4 Motion to Compel Arbitration; denying #7 Letter Motion for Extension of Time to File Response/Reply. APPLICATION DENIED. SO ORDERED. In light of Plaintiff's motion to remand, Defendants' motion to compel arbitration, (Doc. 4), is DENIED as premature, without prejudice to refile after my decision on Plaintiff's motion to remand. If I deny Plaintiff's motion to remand, the parties shall submit a proposed briefing schedule for any motion to compel arbitration within ten (10) days of my decision. (Signed by Judge Vernon S. Broderick on 2/19/2019) (rro)
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| Filing 10 PROPOSED ORDER. Document filed by Sherard Clark. Related Document Number: #8 . (Garber, Todd) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Remand . . Document filed by Sherard Clark. (Garber, Todd) |
| Filing 8 MOTION to Remand . Document filed by Sherard Clark.(Garber, Todd) |
| Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time to File Response/Reply as to #6 Order Set Motion and R&R Deadlines/Hearings,,, addressed to Judge Vernon S. Broderick from Jeremiah Frei-Pearson dated February 15, 2019. Document filed by Sherard Clark.(Frei-Pearson, Jeremiah) Modified on 3/7/2019 (db). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #10 Proposed Order was reviewed and approved as to form. (dt) |
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Filing 6
ORDER: ORDERED that Plaintiff shall serve any opposition to Defendants' motion by March 18, 2019. Defendants' reply, if any, shall be served by April 1, 2019. At the time any reply is served, the moving party shall supply Chambers with two courtesy copies of all motion papers pursuant to my Individual Rules by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York.IT IS FURTHER ORDERED that Defendants shall serve a copy of this order on Plaintiff within ten (10) days of this order, and shall file proof of service on the docket. SO ORDERED. Set Deadlines/Hearing as to #4 MOTION to Compel . MOTION to Compel Arbitration (Responses due by 3/18/2019, Replies due by 4/1/2019.) (Signed by Judge Vernon S. Broderick on 2/4/2019) (rro)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #3 Proposed Order was reviewed and approved as to form. (km) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Compel . MOTION to Compel Arbitration . . Document filed by Bay Park Center For Nursing and Rehabilitation, LLC, Does 1-25, Mayer Fischl, Eli Grinspan, Chana Laerner, Benjamin Landa, Ben Philipson, Berish Rubinstein, Sentosacare, LLC, Naomi Tessler. (Attachments: #1 Exhibit exh a - complaint, #2 Exhibit exh b - arbitration agreement, #3 Exhibit exh c - admission agreement., #4 Exhibit exh d - quinones affidavit, #5 Exhibit exh e - letter dated 1-14-19, #6 Exhibit exh f - georgia court decision, #7 Exhibit exh g - caneva case)(Semlies, Lori) |
| Filing 4 MOTION to Compel ., MOTION to Compel Arbitration . Document filed by Bay Park Center For Nursing and Rehabilitation, LLC, Does 1-25, Mayer Fischl, Eli Grinspan, Chana Laerner, Benjamin Landa, Ben Philipson, Berish Rubinstein, Sentosacare, LLC, Naomi Tessler.(Semlies, Lori) |
| Filing 3 PROPOSED ORDER. Document filed by Bay Park Center For Nursing and Rehabilitation, LLC, Does 1-25, Mayer Fischl, Eli Grinspan, Chana Laerner, Benjamin Landa, Ben Philipson. (Semlies, Lori) Proposed Order to be reviewed by Clerk's Office staff. |
| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Vincent L. Briccetti is no longer assigned to the case. (ad) |
| Magistrate Judge Gabriel W. Gorenstein is so redesignated. (ad) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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. (pne) |
| Magistrate Judge Paul E. Davison 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 2 CIVIL COVER SHEET filed. (Semlies, Lori) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 33378-2018E. (Filing Fee $ 400.00, Receipt Number ANYSDC-16206786).Document filed by Mayer Fischl, Sentosacare, LLC, Eli Grinspan, Berish Rubinstein, Does 1-25, Bay Park Center For Nursing and Rehabilitation, LLC, Chana Laerner, Benjamin Landa, Naomi Tessler, Ben Philipson. (Attachments: #1 Exhibit A-S&C, #2 Exhibit 1- CMS Medicare Nursing Home Profile, #3 Exhibit 2-2015-04-27 Capture of Sentosacare.com Webpage, #4 Exhibit 3-CMS Ratings, #5 Exhibit B-Notice of Filing, #6 Exhibit C-various affirmations of service)(Semlies, Lori) |
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