Phelps Memorial Hospital Association v. Zhuravleva et al
| Phelps Memorial Hospital Association |
| M.D. Lourdes M. Castano, MLMIC Insurance Company, M.D. Anjali A. Ankolekar and M.D. Karina L. Zhuravleva |
| 1:2019cv04215 |
| May 9, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| P Kevin Castel |
| Contract: Other |
| 28 U.S.C. § 1441 oc |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 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 Tracking Number 1Z E22 E53 22 1002 4957 on 5/31/2019. (mro) |
Filing 28
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, and ORDERED by the Court as follows: 1. This action shall be remanded to New York County Supreme Court under Index No. 652614/2019 (the "State Action"). Any request for judicial intervention filed in the State Action shall indicate that the action is a "related case" to the action captioned Phelps Memorial Hospital Association v. Mendelowitz, Index No. 652608/2019. 2. Defendant Anjali Ankolekar hereby accepts service of the Summons and Complaint and waives all jurisdictional defenses thereto. Case is closed. All motions are terminated. (Signed by Judge P. Kevin Castel on 5/29/2019) (mro) Transmission to Docket Assistant Clerk for processing.
|
| Filing 27 FIRST LETTER addressed to Judge P. Kevin Castel from David Leichtman dated May 29, 2019 re: Stipulation and [Proposed] Order re: remand of this matter to the Supreme Court of the State of New York, New York County. Document filed by Anjali A. Ankolekar, Lourdes M. Castano. (Attachments: #1 Exhibit A - Stipulation and Proposed Order as executed by all parties hereto)(Leichtman, David) |
| Filing 26 SECOND LETTER MOTION for Extension of Time to File Answer or to Move Against and/or Otherwise Respond to, the Complaint, addressed to Judge P. Kevin Castel from David Leichtman dated May 28, 2019. Document filed by Lourdes M. Castano.(Leichtman, David) |
|
Filing 25
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/12/2019 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel; and as further set forth in this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/28/2019) (anc)
|
|
Filing 24
ORDER granting #21 Letter Motion for Extension of Time; terminating #22 Letter Motion for Extension of Time to Answer. Application Granted. Nothing herein affects the time to respond to the Order of May 14, 2019. Letter motion 21 and 23 are terminated. So Ordered. (Signed by Judge P. Kevin Castel on 5/28/2019) (anc)
|
| Filing 23 LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Rachel E. Kramer dated May 28, 2019 re: #22 FIRST LETTER MOTION for Extension of Time to File Answer or to Move Against and/or Otherwise Respond to, the Complaint, addressed to Judge P. Kevin Castel from David Leichtman dated May 28, 2019. . Document filed by Phelps Memorial Hospital Association. (Kramer, Rachel) |
| Filing 22 FIRST LETTER MOTION for Extension of Time to File Answer or to Move Against and/or Otherwise Respond to, the Complaint, addressed to Judge P. Kevin Castel from David Leichtman dated May 28, 2019. Document filed by Lourdes M. Castano.(Leichtman, David) |
| Set/Reset Deadlines: MLMIC Insurance Company answer due 6/27/2019. (anc) |
| Filing 21 LETTER MOTION for Extension of Time to Answer, move against, and/or otherwise respond addressed to Judge P. Kevin Castel from Catalina E. De La Hoz dated May 24, 2019. Document filed by MLMIC Insurance Company.(De La Hoz Miranda, Catalina) |
| Filing 20 CERTIFICATE OF SERVICE of Summons and Complaint served on Defendant Zhuravleva on May 9, 2019. Document filed by Phelps Memorial Hospital Association. (Kramer, Rachel) |
| Filing 19 CERTIFICATE OF SERVICE of Summons and Complaint served on MLMIC Insurance Company f/k/a Medical Liability Mutual Insurance Company on May 7, 2019. Service was accepted by Authorized Agent. Document filed by Phelps Memorial Hospital Association. (Kramer, Rachel) |
| Filing 18 CERTIFICATE OF SERVICE of Summons and Complaint served on Defendant Castano on May 7, 2019. Document filed by Phelps Memorial Hospital Association. (Kramer, Rachel) |
| Filing 17 CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Papers served on Defendant Zhuravleva on May 16, 2019. Document filed by Phelps Memorial Hospital Association. (Kramer, Rachel) |
| Filing 16 CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Papers served on Defendant MLMIC Insurance Company f/k/a Medical Liability Mutual Insurance Company on May 16, 2019. Service was accepted by Authorized Agent. Document filed by Phelps Memorial Hospital Association. (Kramer, Rachel) |
| Filing 15 CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Papers served on Defendants Castano and Ankolekar on May 16, 2019. Document filed by Phelps Memorial Hospital Association. (Kramer, Rachel) |
| Filing 14 MOTION for Temporary Restraining Order Pursuant to ECF No. 8 and SDNY E-Filing Rule 18.2. Document filed by Phelps Memorial Hospital Association. Return Date set for 6/13/2019 at 09:00 AM. (Attachments: #1 Declaration of Rachel E. Kramer in Support of Order to Show Cause and Temporary Restraining Order, #2 Exhibit A to the Declaration of Rachel E. Kramer, #3 Exhibit B to the Declaration of Rachel E. Kramer, #4 Exhibit C to the Declaration of Rachel E. Kramer)(Kramer, Rachel) |
| Filing 13 NOTICE OF APPEARANCE by Catalina Esther De La Hoz Miranda on behalf of MLMIC Insurance Company. (De La Hoz Miranda, Catalina) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent National Indemnity Company, Corporate Parent Berkshire Hathaway, Inc. for MLMIC Insurance Company. Document filed by MLMIC Insurance Company.(Versichelli, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Michael P. Versichelli on behalf of MLMIC Insurance Company. (Versichelli, Michael) |
|
Filing 10
ORDER: Defendant Lourdes M. Castano has removed this action from the Supreme Court, New York County, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. 1332. Castano is directed to show cause in writing by May 29, 2019 why an order should not be entered remanding the action to the Supreme Court, New York County for lack of subject matter jurisdiction for the following reasons. Plaintiff may respond by June 5, 2019, and as further set forth in this order. (Signed by Judge P. Kevin Castel on 5/14/2019) (jwh)
|
| NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Vincent L. Briccetti is no longer assigned to the case. (jc) |
| Magistrate Judge James L. Cott is so redesignated. (jc) |
| Filing 9 NOTICE OF APPEARANCE by Rachel Esther Kramer on behalf of Phelps Memorial Hospital Association. (Kramer, Rachel) |
|
Filing 8
ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER: Defendant MLMIC Insurance Company f/k/a Medical Liability Mutual Insurance Company ("MLMIC"), as well as Defendants Karina L. Zhuravleva, M.D. ("Zhuravleva"), Lourdes M. Castano, M.D. ("Castano") and Anjali A. Ankolekar, M.D. ("Ankolekar") (collectively, the "Employee Defendants") shall show cause as to why an Order should not be entered: (1) declaring that Plaintiff Phelps Memorial Hospital Association d/b/a Phelps Memorial Hospital Center ("Phelps Hospital") and Employee Defendants are actively litigating their dispute over entitlement to the Cash Consideration associated with the MLMIC policy at issue in this action; and (2) directing MLMIC to continue to hold in escrow the Cash Consideration at issue in this action, and which is allocable to the policy covering each Employee Defendant, until either: (a) Phelps Hospital and any or all of the Employee Defendants jointly instruct MLMIC with, respect to the disposition of the Cash Consideration; or (b) MLMIC receives a non-appealable Court order directing disposition of the Cash Consideration. SUFFICIENT CAUSE HAVING BEEN SHOWN, pending the Court's ruling on this application, it is hereby ORDERED that MLMIC shall not release the Cash Consideration at issue in this action from escrow. IT IS FURTHER ORDERED, that service of a copy of this Order to Show Cause, and thepapers upon which it is granted upon Defendants, by email and FedEx overnight delivery to counsel for MLMIC (Michael Versichelli, Rivkin Radler LLP, 926 RXR Plaza, Uniondale, New York 11556; Michael.Versichelli@rivkin.com), by FedEx for overnight delivery to Zhuravleva (900 Miramonte Avenue, 2nd Floor, Mountain View, CA 94040), and by email and FedEx for overnight delivery to counsel for Castano and Ankolekar (David Leichtman, Leichtman Law PLLC, Three Park Avenue, 15th Floor, New York, NY 10016; dleichtman@leichtmanlaw.com), so as to be received on or before 5/17/2019 be deemed sufficient and proper service; and IT IS FURTHER ORDERED that any papers in opposition to this Order to Show Cause shall be served by e-filing or overnight delivery upon Foley & Lardner LLP, counsel for Plaintiff, at 90 Park Avenue, New York, New York 10016, Attn: Sara P. Madavo, and filed with this Court, by no later than 5/30/2019. Any reply papers may be filed by June 6, 2019. Show Cause Hearing set for 6/13/2019 at 09:00 AM before Judge Vincent L. Briccetti. Show Cause Response due by 5/30/2019. (Signed by Judge Nelson Stephen Roman on 5/10/2019) (mml)
|
| Filing 7 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652614/2019..Document filed by Lourdes M. Castano. (Attachments: #1 Exhibit A to Notice of Removal (State Court Docket; State Court Summons; State Court Complaint with Exhibit 1; State Court Affidavit of Service as to Lourdes M. Castano, M.D.; State Court Affidavit of Service as to MLMIC Insurance Company))(Leichtman, David) |
| Filing 6 CIVIL COVER SHEET filed. (Leichtman, David) |
| Filing 5 NOTICE OF APPEARANCE by Tatsuya Adachi on behalf of Lourdes M. Castano. (Adachi, Tatsuya) |
| Filing 4 NOTICE OF APPEARANCE by Richard A. Mescon on behalf of Lourdes M. Castano. (Mescon, Richard) |
| Filing 3 AFFIDAVIT OF SERVICE of Notice of Filing of Notice of Removal served on Barry G. Felder, Esq., Foley & Lardner LLP, 90 Park Avenue, New York, New York 10016, bgfelder@foley.com, counsel for Plaintiff on May 9, 2019. Document filed by Lourdes M. Castano. (Leichtman, David) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Leichtman, David) Modified on 5/9/2019 (jgo). |
| Filing 1 FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652614/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16853622).Document filed by Lourdes M. Castano. (Attachments: #1 A to Notice of Removal)(Leichtman, David) Modified on 5/9/2019 (jgo). |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Leichtman. The party information for the following party/parties has been modified: Phelps Memorial Hospital Association; MLMIC Insurance Company. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; alias was entered incorrectly. (jgo) |
| Magistrate Judge Judith C. McCarthy 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. (jgo) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Leichtman. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Dollar Demand $2300000000; County code Westchester;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the Dollar Demand has been modified to $230000; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Leichtman to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be labeled (i.e. Summons and Complaint). 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. (jgo) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
