Posner v. Atria Senior Living et al
Plaintiff: Phyllis Posner
Defendant: Atria Senior Living, Atria Senior Living Group, Inc., Woodlands at Ardsley a.k.a. Atria Woodlands, Woodlands at Ardsley and Atria Woodlands
Case Number: 7:2019cv09405
Filed: October 10, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 nr
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2020 Opinion or Order Filing 13 ORDER OF DISMISSAL: The Court has been advised that the parties have settled this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than April 2, 2020. To be clear, any application to restore the action must be filed by April 2, 2020, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All pending deadlines and scheduled conferences are adjourned without date. The Clerk is instructed to close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/3/2020) (jca)
March 3, 2020 Filing 12 FIRST LETTER addressed to Judge Vincent L. Briccetti from Kelly Jones Howell dated March 3rd, 2020 re: Settlement. Document filed by Atria Senior Living Group, Inc...(Howell, Kelly)
December 10, 2019 Filing 11 NOTICE OF APPEARANCE by Scott J. Baron on behalf of Phyllis Posner. (Baron, Scott)
December 5, 2019 Filing 10 CERTIFICATE OF SERVICE of the December 5, 2019 Text Order of Judge Vincent L. Briccetti served on Scott Baron & Associates, P.C., Attorneys for Plaintiff on 12/5/2019. Service was made by Federal Express Overnight Delivery Service. Document filed by Atria Senior Living, Atria Senior Living Group, Inc., Woodlands at Ardsley. (Major, Andre)
December 5, 2019 Opinion or Order Filing 9 ORDER granting #8 Letter Motion to Adjourn Conference: The initial conference scheduled for 12/16/2019 is adjourned to 3/6/2020, at 9:15 a.m. Even though this case was removed from state court nearly two months ago, plaintiff's counsel has inexplicably failed to file a notice of appearance on the docket, which means that counsel is not receiving electronic notices from the Court and the Court and defense counsel have to take extra steps to ensure that plaintiff's counsel is notified of docket events. Accordingly, by no later than 12/12/2019, plaintiff's counsel shall file a notice of appearance on the docket. Failure to do so may result in dismissal of the case for failure to comply with a Court order. Defense counsel shall serve a copy of this Text Order on plaintiff's counsel by 12/6/2019, and file proof of service on the docket. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
December 4, 2019 Filing 8 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Kelly Jones Howell dated December 4, 2019. Document filed by Atria Senior Living, Atria Senior Living Group, Inc., Woodlands at Ardsley.(Howell, Kelly)
October 31, 2019 Filing 7 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 12/16/2019 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti, as further set forth in this notice. (jwh)
October 11, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andre J. Major. The party information for the following party/parties has been modified: Woodlands at Ardsley. The information for the party/parties has been modified for the following reason/reasons: alias party information was entered incorrectly. (pne)
October 11, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andre J. Major. The following case opening statistical information was erroneously selected/entered: Office code Foley Square. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains. (pne)
October 11, 2019 Case Designated ECF. (pne)
October 11, 2019 Magistrate Judge Lisa M. Smith 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)
October 11, 2019 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)
October 10, 2019 Filing 6 NOTICE OF APPEARANCE by Kelly Jones Howell on behalf of Atria Senior Living, Atria Senior Living Group, Inc., Woodlands at Ardsley a.k.a. Atria Woodlands. (Howell, Kelly)
October 10, 2019 Filing 5 ANSWER to Complaint (Notice of Removal) with JURY DEMAND., COUNTERCLAIM against Phyllis Posner. Document filed by Woodlands at Ardsley a.k.a. Atria Woodlands, Atria Senior Living Group, Inc., Atria Senior Living. (Howell, Kelly)
October 10, 2019 Filing 4 DECLARATION of Andre J. Major re: #1 Notice of Removal, . Document filed by Atria Senior Living, Atria Senior Living Group, Inc., Woodlands at Ardsley a.k.a. Atria Woodlands. (Major, Andre)
October 10, 2019 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ventas AOC Operating Holdings, Inc. for Atria Senior Living, Atria Senior Living Group, Inc., Woodlands at Ardsley a.k.a. Atria Woodlands. Document filed by Atria Senior Living, Atria Senior Living Group, Inc., Woodlands at Ardsley a.k.a. Atria Woodlands.(Major, Andre)
October 10, 2019 Filing 2 CIVIL COVER SHEET filed. (Major, Andre)
October 10, 2019 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 62060/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17753043).Document filed by Woodlands at Ardsley a.k.a. Atria Woodlands, Atria Senior Living Group, Inc., Atria Senior Living.(Major, Andre)

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Plaintiff: Phyllis Posner
Represented By: Scott J. Baron
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Defendant: Atria Senior Living
Represented By: Kelly Jones Howell
Represented By: Andre J. Major
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Defendant: Atria Senior Living Group, Inc.
Represented By: Kelly Jones Howell
Represented By: Andre J. Major
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Defendant: Woodlands at Ardsley a.k.a. Atria Woodlands
Represented By: Kelly Jones Howell
Represented By: Andre J. Major
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Defendant: Woodlands at Ardsley
Represented By: Kelly Jones Howell
Represented By: Andre J. Major
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Defendant: Atria Woodlands
Represented By: Kelly Jones Howell
Represented By: Andre J. Major
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