Rezaj v. HRH Health Care, Inc.
| Engjell Rezaj |
| HRH Healthcare and HRH Health Care, Inc. |
| 7:2019cv06035 |
| June 27, 2019 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.
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Filing 10
ORDER TO SHOW CAUSE: Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing, on or before August 16, 2019, why he failed to appear at the July 23, 2019 conference and why the above-captioned case should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. For the reasons set forth in its July 3, 2019 letter, Defendant believes the case should be dismissed and plans to send to Plaintiff a proposed stipulation of voluntary dismissal. I strongly recommend that Plaintiff confer with the New York Legal Assistance Groups free legal clinic regarding the proposed stipulation and his options. (See attachment.) Plaintiff is FURTHER ORDERED to write to the Court, on or before September 16, 2019, and advise whether he intends to proceed with this lawsuit. Finally, Plaintiff is ORDERED to provide, with his response to the Order to Show Cause, a phone number and e-mail address at which he can be reached. If Plaintiff timely communicates that he intends to proceed with this action, the following deadlines apply to Defendant's motion to dismiss: (1) Defendant's motion to dismiss is due by October 1, 2019; (2) Plaintiff's opposition to Defendant's motion to dismiss is due by November 1, 2019; and (3) Defendant's reply to Plaintiff's opposition is due by November 15, 2019. If the motion is filed, the Court will issue a bench ruling on December 6, 2019, at 3:30 p.m. Plaintiff's failure to respond to the Court's order to show cause or to advise the Court whether he wants to pursue the case will result in dismissal without further notice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to serve this Order on Plaintiff by mail. SO ORDERED. (Signed by Judge Cathy Seibel on 7/25/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #10 Order to Show Cause, to Engjell Rezaj 16 Laurie Road Cortlandt Manor, NY 10567. (vba) |
| Set/Reset Deadlines: (Motions due by 10/1/2019. Responses due by 11/1/2019. Replies due by 11/15/2019.) Set/Reset Hearings: (Status Conference set for 12/6/2019 at 03:30 PM before Judge Cathy Seibel.) (mml) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 7/23/2019. Plaintiff did not appear. Defendant will send a proposed Stipulation of Voluntary Dismissal to Plaintiff. The Court will issue an Order: (1) asking Plaintiff to show cause as to why he did not appear for the proceeding today; (2) informing Plaintiff that the Government will send a proposed Stipulation of Voluntary Dismissal; (3) strongly recommending that Plaintiff confer with the NYLAG pro se clinic; (4) ordering Plaintiff to provide a phone number and email so that the Court can reach him; and (5) advising Plaintiff that the Court will dismiss the case for failure to prosecute if Plaintiff does not respond to the Order to Show Cause or advise the Court by letter by September 16, 2019 as to whether he wants to pursue the case or not. If Plaintiff indicates that he wishes to pursue the case, then Defendant's Motion to Dismiss to be submitted by October 1, 2019; Plaintiff's opposition due November 1, 2019; Defendant's reply due November 15, 2019. The Court will issue a ruling from the bench as to the motion on December 6, 2019 at 3:30 p.m. See transcript. (Bench Ruling set for 12/6/2019 at 03:30 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (Court Reporter Sabrina D'Emidio) (wc) |
| Filing 9 CERTIFICATE OF SERVICE of Notice of Removal, Notification of Removal served on Plaintiff Engjell Rezaj on June 28, 2019 and July 10, 2019. Service was accepted by Plaintiff Engjell Rezaj. Service was made by Mail and Personal Service. Document filed by HRH Health Care, Inc.. (Rovner, Allison) |
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Filing 8
ORDER granting #7 Letter Motion for Conference. A pre-motion conference will be held on July 23, 2019 at 11:30 am. The parties shall attend in person. Plaintiff shall also, by 7/16/19, submit a letter of no more than 3 pages stating his position regarding Defendant's proposed motion. The Clerk shall send a copy of this endorsement to Plaintiff. SO ORDERED. Pre-Motion Conference set for 7/23/2019 at 11:30 AM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 7/3/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 LETTER MOTION for Conference regarding motion to dismiss addressed to Judge Cathy Seibel from Allison Rovner dated July 3, 2019. Document filed by HRH Health Care, Inc.. (Attachments: #1 Certificate of Service)(Rovner, Allison) |
| Mailed a copy of #8 Order on Motion for Conference, to Engjell Rezaj 16 Laurie Road Cortlandt Manor, NY 10567. (vba) |
| Magistrate Judge Lisa M. Smith is so redesignated. (wb) |
| Mailed Copy of Assignment/ Reassignment to Engjell Rezaj at 16 Laurie Road Cortlandt Manor, NY 10567 (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Lorna G. Schofield is no longer assigned to the case. (wb) |
| Filing 5 NOTICE OF REMOVAL from City Court of Peekskill Small Claim Part, County of Westchester. Case Number: SC-000140-19/PE..Document filed by HRH Health Care, Inc.. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Employment Certification)(Cowart, Brandon) |
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Filing 4
ORDER granting #3 Motion to Seal Document. Application GRANTED. (Signed by Judge Lorna G. Schofield on 6/28/2019) (ne)
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| Filing 3 LETTER MOTION to Seal Document (1) Notice of Removal, addressed to Judge Lorna G. Schofield from Brandon Cowart dated June 28, 2016. Document filed by HRH Health Care, Inc..(Cowart, Brandon) Modified on 6/28/2019 (ne). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brandon Herbert Cowart. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Dollar Demand $5000; County code Westchester; Fee Status code none (no fee required);. 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 none; the County code has been modified to New York; the Fee Status code has been modified to wv (waived);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brandon Herbert Cowart to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brandon Herbert Cowart. The party information for the following party/parties has been modified: HRH Health Care, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| Magistrate Judge Debra C. Freeman 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 Designated ECF. (jgo) |
| 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. (jgo) |
| ***DELETED DOCUMENT PURSUANT TO INSTRUCTIONS FROM CHAMBERS. Deleted document number 1 NOTICE OF REMOVAL. The document was incorrectly filed in this case. (ne) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Cowart, Brandon) Modified on 6/28/2019 (jgo). |
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