Martinez v. Bronx-Lebanon Hospital Center et al
| Diana Martinez |
| LUCY PALOMINO, N.P., FLORA ADELAIDE ANTWI, N.P., BRONX-LEBANON INTERGRATED SERVICES SYSTEM, INC., BRONXHEALTH ACCESS IPA, INC., ENVISION PHYSICIAN SERVICES, LLC, VIRTUAL RADIOLOGIC PROFESSIONALS OF NEW YORK, BRONXCARE HEALTH INTEGRATED SERVICES SYSTEM, INC., BronxCare Health System, LA CASA DE SALUD, CARLINE LAMOUR-OCCEAN, N.P., BRONX HEALTH ACCESS, NEW YORK RADIOLOGY ALLIANCE, BRONXCARE IPA, INC., BRONXCARE HOSPITAL CENTER, ALLAREDDY VASANTH KUMAR REDDY, M.D., BRONXLEBANON HOSPITAL CENTER HEALTH CARE SYSTEM, ACACIA Network, Inc., LA CASA DE SALUD, INC., Bronx-Lebanon Hospital Center, ENVISION HEALTHCARE CORPORATION, ELIZABETH ELAINE HOLT, N.P., STEVEN H. GOTTESFELD, M.D., VIRTUAL RADIOLOGIC CORPORATION, ENVISION MANAGEMENT SERVICES, LLC, EDITH LYNN WILLIAMS, N.P., BRONXCARE NETWORK, ARCANGELO ALDO LUBRANO, M.D., RAJESH MAHARBHAI PATEL, M.D., FRANCINE IVY MENDS, M.D., ACACIA Network, John Does 1-50 and Jane Roes 1-50 and Bronx-Lebanon Integrated Services System, Inc. |
| 1:2020cv01719 |
| February 27, 2020 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2020. A more recent docket listing may be available from PACER.
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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 Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E532210006959 on 4/6/2020. (jca) |
Filing 11
STIPULATION OF DISCONTINUANCE WITHOUT PREJUDICE: 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 4l(a)(2), as follows: 1. Plaintiffs claims against the Federal Defendants in this action are dismissed without prejudice. 2. This action is hereby remanded to the Supreme Court of the State of New York, County of Bronx, as there is no longer federal subject matter jurisdiction due to the dismissal of the Federal Defendants. 3. This Stipulation and Order of Dismissal (the "Stipulation and Order") may be executed in counterparts; a reproduced signature shall have the same force and effect as an original signature; and a facsimile or electronic copy of the Stipulation and Order shall have the same force and effect as an original. 4. The undersigned parties understand and agree that the Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements or negotiations, oral or otherwise, between the undersigned parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Denise L. Cote on 4/3/2020) (jca) Modified on 4/3/2020 (jca).
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| Transmission to Docket Assistant Clerk. Transmitted re: #11 Stipulation and Order of Voluntary Dismissal to the Docket Assistant Clerk for case processing..(jca) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Allareddy Vasanth Kumar Reddy, M.D., Arcangelo Aldo Lubrano, M.D., Carline Lamour-Occean, N.P., Edith Lynn Williams, N.P., Elizabeth Elaine Holt, N.P., Flora Adelaide Antwi, N.P., La Casa De Salud, Inc., Lucy Palomino, N.P., Rajesh Maharbhai Patel, M.D...(Cowart, Brandon) |
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Filing 9
ORDER: IT IS HEREBY ORDERED that the in-person conference scheduled for April 24, 2020 at 10:30 a.m. will be held telephonically. The parties shall use the following dial-in instructions for the telephone conference: Dial-in: 888-363-4749 Access code: 4324948 The attorneys who will serve as principal trial counsel must participate in this telephone conference. IT IS FURTHER ORDERED that the parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 3/19/2020) (jca)
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Filing 8
ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: The above-captioned case having been assigned to this Court for all purposes, it is hereby ORDERED that the initial pretrial conference is scheduled for April 24, 2020 at 10:30 am. Counsel for the plaintiffs shall have all parties on the line and call chambers at 212-805-0202. The attorneys who will serve as principal trial counsel must participate in this telephone conference. By the date of the pretrial conference counsel for all parties are required to register as filing users in accordance with the Procedures for Electronic Case Filing. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at Fed.R.Civ.P. 16 conference, and to prepare a detailed written proposed schedule for any motions and discovery. Prior to the date of the conference, all parties must send the Court one copy of all pleadings. If this case has been settled or otherwise terminated, counsel are not required to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is sent prior to the date of the conference via e-mail to the Orders and Judgments Clerk at the following e-mail address: judgments@nysd.uscourts.gov. Requests for adjournment shall be made no later than two business days before the conference and shall be made in a letter filed on ECF in accordance with the S.D.N.Y. AElectronic Case Filing Rules and Instructions.@ The written submission must (a) specify the reasons for the adjournment, (b) state whether the other parties have consented, and (c) indicate times and dates on succeeding Fridays when all counsel are available. Unless counsel are notified that the conference has been adjourned it will be held as scheduled. (Signed by Judge Denise L. Cote on 3/5/2020) Copy Mailed By Chambers to Plaintiff's counsel, Robert J. Genis. (gr) Modified on 3/5/2020 (gr).
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Filing 7
ORDER granting #5 Letter Motion for Extension of Time to Answer: SO ORDERED. (Allareddy Vasanth Kumar Reddy, M.D. answer due 4/3/2020; Arcangelo Aldo Lubrano, M.D. answer due 4/3/2020; Carline Lamour-Occean, N.P. answer due 4/3/2020; Edith Lynn Williams, N.P. answer due 4/3/2020; Elizabeth Elaine Holt, N.P. answer due 4/3/2020; Flora Adelaide Antwi, N.P. answer due 4/3/2020; La Casa De Salud, Inc. answer due 4/3/2020; Lucy Palomino, N.P. answer due 4/3/2020; Rajesh Maharbhai Patel, M.D. answer due 4/3/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 3/4/2020) (jwh)
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| Filing 6 LETTER addressed to Judge Denise L. Cote from Christopher A. Terzian dated March 4, 2020 re: Plaintiff's Attempted Service upon Dr. Mends of Subpoena. Document filed by Envision Physician Services, LLC..(Daniel, Christopher) |
| Filing 5 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Robert W. Lehrburger from Brandon Cowart dated March 4, 2020. Document filed by Allareddy Vasanth Kumar Reddy, M.D., Arcangelo Aldo Lubrano, M.D., Carline Lamour-Occean, N.P., Edith Lynn Williams, N.P., Elizabeth Elaine Holt, N.P., Flora Adelaide Antwi, N.P., La Casa De Salud, Inc., Lucy Palomino, N.P., Rajesh Maharbhai Patel, M.D...(Cowart, Brandon) |
| Filing 4 NOTICE OF APPEARANCE by Christopher Joseph Daniel on behalf of Envision Physician Services, LLC..(Daniel, Christopher) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Diana Martinez, John Does 1-50 and Jane Roes 1-50 added. Party added pursuant to #1 Notice of Removal,.Document filed by Elizabeth Elaine Holt, N.P., Edith Lynn Williams, N.P., Allareddy Vasanth Kumar Reddy, M.D., Lucy Palomino, N.P., Arcangelo Aldo Lubrano, M.D., Flora Adelaide Antwi, N.P., Carline Lamour-Occean, N.P., La Casa De Salud, Inc.. Related document: #1 Notice of Removal,..(Cowart, Brandon) |
| Magistrate Judge Robert W. Lehrburger 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-05582-RWL. Notice of Assignment to follow. (wb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brandon Herbert Cowart to RE-FILE re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add John Does 1-50 and Jane Roes 1-50 to CM ECF with the party text "being several doctors, nurses, and other health care practitioners whose identities are presently unknown" for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brandon Herbert Cowart. The party information for the following party/parties has been modified: EDITH LYNN WILLIAMS, N.P., LUCY PALOMINO, N.P., CARLINE LAMOUR-OCCEAN, N.P., FLORA ADELAIDE ANTWI, N.P., ELIZABETH ELAINE HOLT, N.P., ARCANGELO ALDO LUBRANO, M.D., RAJESH MAHARBHAI PATEL, M.D., ALLAREDDY VASANTH KUMAR REDDY, M.D., STEVEN H. GOTTESFELD, M.D., FRANCINE IVY MENDS, M.D., LA CASA DE SALUD, LA CASA DE SALUD, INC., ENVISION HEALTHCARE CORPORATION, ENVISION MANAGEMENT SERVICES, LLC, ENVISION PHYSICIAN SERVICES, LLC, VIRTUAL RADIOLOGIC PROFESSIONALS OF NEW YORK, VIRTUAL RADIOLOGIC CORPORATION, NEW YORK RADIOLOGY ALLIANCE, BRONXCARE IPA, INC., BRONX HEALTH ACCESS, BRONXHEALTH ACCESS IPA, INC., BRONX-LEBANON INTERGRATED SERVICES SYSTEM, INC., BRONXCARE HEALTH INTEGRATED SERVICES SYSTEM, INC., BRONXCARE HOSPITAL CENTER, BRONXCARE NETWORK, BRONXLEBANON HOSPITAL CENTER HEALTH CARE SYSTEM. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; DO NOT ADD PARTIES IN ALL CAPS. (pc) |
| ***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: Fee Status code none (no fee required);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to wv (waived);. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge Denise L. Cote as possibly related to 19cv5582. (pc) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-CV-5582. Document filed by ALLAREDDY VASANTH KUMAR REDDY, M.D., ARCANGELO ALDO LUBRANO, M.D., CARLINE LAMOUR-OCCEAN, N.P., EDITH LYNN WILLIAMS, N.P., ELIZABETH ELAINE HOLT, N.P., FLORA ADELAIDE ANTWI, N.P., LA CASA DE SALUD, INC., LUCY PALOMINO, N.P., RAJESH MAHARBHAI PATEL, M.D...(Cowart, Brandon) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit Attachment A).(Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 33531/2018E..Document filed by ELIZABETH ELAINE HOLT, N.P., EDITH LYNN WILLIAMS, N.P., ALLAREDDY VASANTH KUMAR REDDY, M.D., LUCY PALOMINO, N.P., ARCANGELO ALDO LUBRANO, M.D., FLORA ADELAIDE ANTWI, N.P., CARLINE LAMOUR-OCCEAN, N.P., RAJESH MAHARBHAI PATEL, M.D., LA CASA DE SALUD, INC.. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Employment Certification).(Cowart, Brandon) |
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