Freeman et al v. Rafat et al
| Edward Freeman and Deborah Posey Freeman |
| Payam Rafat, Montefiore New Rochelle Hospital, Mt. Vernon Neighborhood Health Center and Montefiore Mt. Vernon Hospital |
| 7:2020cv00127 |
| January 7, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 |
| Plaintiff |
Docket Report
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Filing 10
STIPULATION AND ORDER OF DISCONTINUANCE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties, by their respective counsel, pursuant to Federal Rule of Civil Procedure 41(a)(2), as follows: 1. Plaintiffs' claims only against the Sole Federal Defendant, Mt. Vernon Neighborhood Health Center, in this action are dismissed with prejudice, 2. This action is hereby remanded to the Supreme Court of the State of New York, County of Westchester, as there is no longer federal subject matter jurisdiction due to the discontinuance of the action against the Sole Federal Defendant, MT. Vernon Neighborhood Health Center. SO ORDERED. Mt. Vernon Neighborhood Health Center terminated. (mml) Transmission to Docket Assistant Clerk for processing.
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| 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 Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 22 1000 794 9 on 2/3/2020. (mml) |
| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Mt. Vernon Neighborhood Health Center. (Cowart, Brandon) |
| Filing 8 NOTICE OF INITIAL CONFERENCE: Initial Case Management and Scheduling Conference set for 3/2/2020 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 7 NOTICE OF APPEARANCE by Milan Paul Spisek on behalf of Montefiore Mt. Vernon Hospital, Montefiore New Rochelle Hospital, Payam Rafat. (Spisek, Milan) |
| Filing 6 NOTICE OF APPEARANCE by Gregory Michael La Sorsa on behalf of Deborah Posey Freeman, Edward Freeman. (La Sorsa, Gregory) |
| Filing 5 CERTIFICATE OF SERVICE of Notice of Removal, Dkt. Nos. 3 and 4 served on DEBORAH POSEY FREEMAN. EDWARD FREEMAN PAYAM RAFAT DPM, MONTEFIORE, MT. VERNON HOSPITAL, MONTEFIORE NEW ROCHELLE HOSPITAL on January 23, 2020. Service was made by MAIL. Document filed by Mt. Vernon Neighborhood Health Center. (Cowart, Brandon) |
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Filing 4
ORDER granting #3 Letter Motion for Extension of Time to Answer: Mount Vernon Neighborhood Health Center's time to answer, move, or otherwise respond to the complaint is extended to 2/14/2020. By 1/24/2020, defense counsel shall serve a copy of this Order on plaintiffs' counsel and file proof of service of same. By 1/29/2020, plaintiffs'counsel shall file a notice of appearance in this action. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (vjm)
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| Magistrate Judge Lisa M. Smith is so redesignated. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Naomi Reice Buchwald is no longer assigned to the case. (wb) |
| Filing 3 LETTER MOTION for Extension of Time to File Answer addressed to Judge Naomi Reice Buchwald from Brandon Cowart dated January 9, 2020. Document filed by Mt. Vernon Neighborhood Health Center.(Cowart, Brandon) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc) |
| Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed. (Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 68436/2018..Document filed by Mt. Vernon Neighborhood Health Center. (Attachments: #1 Exhibit A (State Court Complaint), #2 Exhibit B (Certification))(Cowart, Brandon) |
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