Felicien v. United States of America et al
Plaintiff: FREDERICK FELICIEN
Defendant: Joseph A. Dellolio, D.P.M., P.C., Workmen's Circle Multicare Center, Joseph A. Dellolio, D.P.M., Mohamed Mussa, M.D., Larisa Shpitalnik, M.D., Michael Vitti, M.D., New York-Presbyterian Lawrence Hospital and United States of America
Case Number: 1:2020cv10561
Filed: December 14, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1346
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2021 Filing 43 ANSWER to #1 Complaint,. Document filed by Joseph A. Dellolio, D.P.M...(Katz, Tracy)
February 8, 2021 Filing 42 ANSWER to #1 Complaint,. Document filed by Mohamed Mussa, M.D...(Yoeli, Matthew)
February 8, 2021 Filing 41 ANSWER to #1 Complaint,. Document filed by Larisa Shpitalnik, M.D...(Yoeli, Matthew)
February 2, 2021 Filing 40 RULE 26 DISCLOSURE.Document filed by New York-Presbyterian Lawrence Hospital, Michael Vitti, M.D...(Fasano, Jacqueline)
January 20, 2021 Filing 39 NOTICE OF APPEARANCE by Jacqueline Fasano on behalf of New York-Presbyterian Lawrence Hospital, Michael Vitti, M.D...(Fasano, Jacqueline)
January 19, 2021 Filing 38 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by New York-Presbyterian Lawrence Hospital..(Gibson, Robert)
January 19, 2021 Filing 37 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Michael Vitti, M.D...(Gibson, Robert)
January 18, 2021 Filing 36 AFFIDAVIT OF SERVICE. United States of America served on 1/12/2021, answer due 3/15/2021. Service was accepted by Osrick Gordon, Clerk. Document filed by Frederick Felicien..(Merson, Jordan)
January 13, 2021 Filing 35 AFFIDAVIT OF SERVICE. Larisa Shpitalnik, M.D. served on 1/5/2021, answer due 2/8/2021. Service was accepted by Larisa Shpitalnik, M.D., Individual. Document filed by Frederick Felicien..(Merson, Jordan)
January 11, 2021 Filing 34 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys herein, that the time for Defendant JOSEPH A. DELLOLIO, DPM to answer, move, or otherwise respond to Plaintiff's Complaint is extended through and including February 10, 2021. Defendant JOSEPH A. DELLOLIO, DPM waives any and all jurisdictional defenses based upon service of process. (Signed by Judge Mary Kay Vyskocil on 1/11/2021) (mro)
January 11, 2021 Opinion or Order Filing 33 ORDER: granting #30 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. Joseph A. Dellolio, D.P.M. answer due 2/10/2021; Joseph A. Dellolio, D.P.M., P.C. answer due 2/10/2021. (Signed by Judge Mary Kay Vyskocil on 1/11/2021) (ama)
January 11, 2021 Opinion or Order Filing 32 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties herein, that the time within which defendants LARISA SHPITALNIK, M.D. and MUSSA MOHAMED, M.D. s/h/a MOHAMED MUSSA, M.D. may respond to the Complaint is hereby extended to and including February 8, 2021. There has been no previous request for an extension of time in connection with this matter. IT IS FURTHER STIPULATED AND AGREED, by and between counsel for the parties herein, that defendants LARISA SHPITALNIK, M.D. and MUSSA MOHAMED, M.D. s/h/a MOHAMED MUSSA, M.D. waive any and all jurisdictional defenses based upon service of process. SO ORDERED. This Order also resolves the letter motion at ECF 31. Mohamed Mussa, M.D. answer due 2/8/2021; Larisa Shpitalnik, M.D. answer due 2/8/2021. (Signed by Judge Mary Kay Vyskocil on 1/11/2021) (mro)
January 8, 2021 Filing 31 FIRST LETTER MOTION for Extension of Time to File Answer re: #28 Proposed Stipulation and Order addressed to Judge Mary Kay Vyskocil from Matthew E. Yoeli, Esq. dated 1/8/2021. Document filed by Mohamed Mussa, M.D., Larisa Shpitalnik, M.D...(Yoeli, Matthew)
January 8, 2021 Filing 30 FIRST LETTER MOTION for Extension of Time to File Answer re: #29 Proposed Stipulation and Order addressed to Judge Mary Kay Vyskocil from Tracy S. Katz dated 1/8/2021. Document filed by Joseph A. Dellolio, D.P.M.. Return Date set for 1/11/2021 at 09:30 AM..(Katz, Tracy)
January 8, 2021 Filing 29 PROPOSED STIPULATION AND ORDER. Document filed by Joseph A. Dellolio, D.P.M...(Katz, Tracy)
January 8, 2021 Filing 28 PROPOSED STIPULATION AND ORDER. Document filed by Mohamed Mussa, M.D., Larisa Shpitalnik, M.D...(Yoeli, Matthew)
January 8, 2021 Filing 27 NOTICE OF APPEARANCE by Tracy Somber Katz on behalf of Joseph A. Dellolio, D.P.M...(Katz, Tracy)
January 8, 2021 Filing 26 NOTICE OF APPEARANCE by Matthew Etra Yoeli on behalf of Mohamed Mussa, M.D., Larisa Shpitalnik, M.D...(Yoeli, Matthew)
January 5, 2021 Filing 25 AFFIDAVIT OF SERVICE. Workmen's Circle Multicare Center served on 12/22/2020, answer due 1/12/2021. Service was accepted by Bobby Thariath, Administrator. Document filed by Frederick Felicien..(Merson, Jordan)
January 5, 2021 Filing 24 AFFIDAVIT OF SERVICE. Joseph A. Dellolio, D.P.M., P.C. served on 12/19/2020, answer due 1/11/2021. Service was accepted by Joseph A. Dellolio, D.P.M., Owner. Document filed by Frederick Felicien..(Merson, Jordan)
December 28, 2020 Filing 23 AFFIDAVIT OF SERVICE. Joseph A. Dellolio, D.P.M. served on 12/21/2020, answer due 1/11/2021. Service was accepted by Joseph A. Dellolio, D.P.M., Defendant. Document filed by Frederick Felicien..(Merson, Jordan)
December 28, 2020 Filing 22 AFFIDAVIT OF SERVICE. Michael Vitti, M.D. served on 12/23/2020, answer due 1/13/2021. Service was accepted by Michael Vitti, M.D., defendant. Document filed by Frederick Felicien..(Merson, Jordan)
December 28, 2020 Filing 21 AFFIDAVIT OF SERVICE. New York-Presbyterian Lawrence Hospital served on 12/21/2020, answer due 1/11/2021. Service was accepted by Judith Sapiona, Managing Agent. Document filed by Frederick Felicien..(Merson, Jordan)
December 28, 2020 Filing 20 AFFIDAVIT OF SERVICE. Mohamed Mussa, M.D. served on 12/21/2020, answer due 1/11/2021. Service was accepted by Aseel Rafat, Daughter. Document filed by Frederick Felicien..(Merson, Jordan)
December 16, 2020 Filing 19 ELECTRONIC SUMMONS ISSUED as to New York-Presbyterian Lawrence Hospital. (sj)
December 16, 2020 Filing 18 ELECTRONIC SUMMONS ISSUED as to Joseph A. Dellolio, D.P.M., P.C.. (sj)
December 16, 2020 Filing 17 ELECTRONIC SUMMONS ISSUED as to Joseph A. Dellolio, D.P.M.. (sj)
December 16, 2020 Filing 16 ELECTRONIC SUMMONS ISSUED as to Larisa Shpitalnik, M.D.. (sj)
December 16, 2020 Filing 15 ELECTRONIC SUMMONS ISSUED as to Mohamed Mussa, M.D.. (sj)
December 16, 2020 Filing 14 ELECTRONIC SUMMONS ISSUED as to Michael Vitti, M.D.. (sj)
December 16, 2020 Filing 13 ELECTRONIC SUMMONS ISSUED as to Workmen's Circle Multicare Center. (sj)
December 16, 2020 Filing 12 ELECTRONIC SUMMONS ISSUED as to United States of America. (sj)
December 15, 2020 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to New York-Presbyterian Lawrence Hospital, re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph A. Dellolio, D.P.M., P.C., re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph A. Dellolio, D.P.M., re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Larisa Shpitalnik, M.D., re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Mohamed Mussa, M.D., re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Vitti, M.D., re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Workmen's Circle Multicare Center, re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #1 Complaint,. Document filed by Frederick Felicien..(Merson, Jordan)
December 15, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(dnh)
December 15, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jordan Koel Merson. The party information for the following party/parties has been modified: FREDERICK FELICIEN. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh)
December 15, 2020 Magistrate Judge Sarah L. Cave 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. (dnh)
December 15, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jordan Koel Merson to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; each summons request must be filed as a separate event. One summons Request may be used for multiple parties by attaching a rider. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
December 15, 2020 Case Designated ECF. (dnh)
December 15, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jordan Koel Merson. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Cause of Action code 28:1402 Medical Malpractice; Dollar Demand $20,000,000,000; Arbitration code e (Exempt); County code New York. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Cause of Action code has been modified to 28:1346 U.S. Defendant; the Dollar Demand has been modified to omitted; the Arbitration code has been deleted; the County code has been modified to Bronx. (dnh)
December 14, 2020 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES OF AMERICA, WORKMENS CIRCLE MULTICARE CENTER, MICHAEL VITTI, M.D., MOHAMED MUSSA, M.D., LARISA SHPITALNIK, M.D., JOSEPH A. DELLOLIO, D.P.M., JOSEPH A. DELLOLIO, D.P.M., P.C. and NEW YORK-PRESBYTERIAN LAWRENCE HOSPITAL, re: #1 Complaint,. Document filed by FREDERICK FELICIEN. (Attachments: #1 Supplement Request for Issuance of Summons, #2 Supplement Request for Issuance of Summons, #3 Supplement Request for Issuance of Summons, #4 Supplement Request for Issuance of Summons, #5 Supplement Request for Issuance of Summons, #6 Supplement Request for Issuance of Summons, #7 Supplement Request for Issuance of Summons).(Merson, Jordan) Modified on 12/15/2020 (dnh).
December 14, 2020 Filing 2 CIVIL COVER SHEET filed..(Merson, Jordan)
December 14, 2020 Filing 1 COMPLAINT against Joseph A. Dellolio, D.P.M., Joseph A. Dellolio, D.P.M., P.C., Mohamed Mussa, M.D., New York-Presbyterian Lawrence Hospital, Larisa Shpitalnik, M.D., United States of America, Michael Vitti, M.D., Workmen's Circle Multicare Center. (Filing Fee $ 402.00, Receipt Number ANYSDC-23030155)Document filed by FREDERICK FELICIEN..(Merson, Jordan)

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Defendant: Joseph A. Dellolio, D.P.M., P.C.
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Defendant: Workmen's Circle Multicare Center
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Defendant: Joseph A. Dellolio, D.P.M.
Represented By: Tracy Somber Katz
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Defendant: Mohamed Mussa, M.D.
Represented By: Matthew Etra Yoeli
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Defendant: Larisa Shpitalnik, M.D.
Represented By: Matthew Etra Yoeli
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Defendant: Michael Vitti, M.D.
Represented By: Jacqueline Fasano
Represented By: Robert B. Gibson
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Defendant: New York-Presbyterian Lawrence Hospital
Represented By: Jacqueline Fasano
Represented By: Robert B. Gibson
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Defendant: United States of America
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Plaintiff: FREDERICK FELICIEN
Represented By: Jordan Koel Merson
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