Oriska Corporation v. Bay Park Center for Nursing and Rehabilitation et al
| Oriska Corporation |
| Bay Park Center for Nursing and Rehabilitation, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear, Howard Belford, Benjamin Fishoff, National Financial Services, Robert Fensterman, Grandview Brokerage, Inc., Matthew Barbara, Andrew M. Cuomo, Governor of the State of New York, in his official and individual capacities, Martha Lees as General Counsel of the Department of Financial Services, Ira Lipsius, Broad Coverage Services, Inc., Sherman C. Vogel, Mayer Fischl, Henry Shayovitz, The Philipson Family Trust, Wolf Eisenbach, Richard Busell, Steven J. Eisman, John Doe and other persons not yet identified, Scott Einiger, Linda A Lacewell as Superintendent of Insurance of the State of New York Department of Financial Services, Berish Rubenstein, Michael Schweimmer, Bent Philipson, Pitterman Family Trust, Whiteman Osterman & Hanna, LLP, Jeffrey Vogel, Oriska Insurance Company, Roberta Reardon as the Commissioner of the State of New York Department of Labor, Michael Weiss, Lori Fensterman, Anthony J Bacchi, Rich Levitan, Chana Lerner, Martin Kass, Rashbi Management, Inc., Lawrence Reichenberger, Patrick Formato, Raphael A Weitzner, Alexi Arias, Mark Zaffrin, The State University of New York, Allstate ASO, Inc., Dr. Merryl H. Tisch, Chairman of the State University of New York Board of Trustees, Isaac Muller, Stella M Vilardi, Israel Zeigelman, Staci Fensterman, Cullen and Dykman LLP, Sam Schlesinger, Eli Greenspan, Jordan Fensterman, Berkshire Group, Inc., Scott Dietrich and Peter Fountas of the Research Foundation of the State University of New York, Henry Sirkis, Robert J. Pines, Steven Brown, Lipsius-Benhaim Law, Michael Camilleri, Irwin Peckman, Financial Service, Lorraine Takesky, Joel Greeneberg, Richard Schildron, Benjamin Landa, Allstate Administrators, Inc., Allen Kass, Samuel Ferrara, Spencer Street Realty, Karen Grant Williams, C Kenneth Tesslar, Carolyn Robinson, Supervisor with the New York State Department of Labor,, Howard A. Zucker, M.D., as the Commissioner of the State of New York Department of Health, Martin Schwartzman, The Schlesinger Family Trust, Paul Barbara, Annette Hall, Steven Greenstein, Bay Park Center For Nursing and Rehabilitation, LLC, Barry Leistner, Sentosacare, LLC, Donna Hodge, Martin Farbenblum and Sharyn Mukamal |
| 1:2021cv00762 |
| January 27, 2021 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1442 nr |
| Defendant |
Docket Report
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| Document Text |
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| Filing 6 AFFIRMATION of Alexander J. Sperber in Support re: #4 MOTION to Remand to State Court .. Document filed by Ira Lipsius. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Lipsius, Ira) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ira S. Lipsius to RE-FILE Document #4 MOTION to Remand to State Court . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
ORDER: The Initial Pretrial Conference scheduled for March 12, 2021 is CANCELED. Counsel for Defendants is ordered to notify all counsel of the cancellation. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Remand to State Court . . Document filed by Ira Lipsius..(Lipsius, Ira) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Ira Lipsius. (Attachments: #1 Affidavit of Alexander J. Sperber, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O).(Lipsius, Ira) Modified on 3/11/2021 (ldi). |
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Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on March 12, 2021, at 12:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. (As further set forth in this Order.) Initial Conference set for 3/12/2021 at 12:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/12/2021) (cf)
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| Filing 2 NOTICE OF REMOVAL from Bronx County Supreme Court, County of Bronx. Case Number: 2019-33547..Document filed by Karen Grant Williams, Alexi Arias, Annette Hall, Donna Hodge, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear. (Attachments: #1 Civil Cover Sheet, #2 Related Case Statement, #3 Baypark Amended Complaint, #4 Whiteplains Amended Complaint, #5 Throgs Amended Complaint, #6 NMC Amended Complaint, #7 Kingsbridge Amended Complaint, #8 Eastchester Amended Complaint).(Kernan, James) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Bronx County Supreme Court, County of Bronx. Case Number: 2019-33547. (Filing Fee $ 402.00, Receipt Number BNYSDC-23725527).Document filed by Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear. (Attachments: #1 Civil Cover Sheet, #2 Related Case Statement, #3 Baypark Amended Complaint, #4 Amended Complaint, #5 Amended Complaint, #6 Amended Complaint, #7 Amended Complaint, #8 Amended Complaint).(Kernan, James) Modified on 1/28/2021 (dnh). |
| ADD PARTY FOR PLEADING. Defendants/Respondents The State University of New York, Stella M Vilardi, Rashbi Management, Inc., Patrick Formato, C Kenneth Tesslar, Jordan Fensterman, Anthony J Bacchi, Allstate Administrators, Inc., Donna Hodge, Scott Einiger, Chana Lerner, Roberta Reardon as the Commissioner of the State of New York Department of Labor, Dr. Merryl H. Tisch, Chairman of the State University of New York Board of Trustees, Mark Zaffrin, Cullen and Dykman LLP, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear, Carolyn Robinson, Supervisor with the New York State Department of Labor,, Wolf Eisenbach, Lawrence Reichenberger, Richard Schildron, Lori Fensterman, Annette Hall, Scott Dietrich and Peter Fountas of the Research Foundation of the State University of New York, National Financial Services, The Schlesinger Family Trust, Mayer Fischl, Robert Fensterman, Jeffrey Vogel, Lorraine Takesky, Financial Service, Allstate ASO, Inc., Israel Zeigelman, Sentosacare, LLC, Howard A. Zucker, M.D., as the Commissioner of the State of New York Department of Health, Isaac Muller, Joel Greeneberg, Martin Farbenblum, Bent Philipson, Karen Grant Williams, Sherman C. Vogel, Benjamin Landa, Andrew M. Cuomo, Governor of the State of New York, in his official and individual capacities, Howard Belford, Barry Leistner, John Doe and other persons not yet identified, Sam Schlesinger, Broad Coverage Services, Inc., Henry Shayovitz, Matthew Barbara, Spencer Street Realty, Irwin Peckman, Martin Kass, Martin Schwartzman, Robert J. Pines, Oriska Insurance Company, Steven Greenstein, The Philipson Family Trust, Paul Barbara, Alexi Arias, Berkshire Group, Inc., Staci Fensterman, Eli Greenspan, Ira Lipsius, Samuel Ferrara, Lipsius-Benhaim Law, Michael Camilleri, Raphael A Weitzner, Steven Brown, Sharyn Mukamal, Allen Kass, Michael Weiss, Benjamin Fishoff, Berish Rubenstein, Linda A Lacewell as Superintendent of Insurance of the State of New York Department of Financial Services, Michael Schweimmer, Grandview Brokerage, Inc., Martha Lees as General Counsel of the Department of Financial Services, Pitterman Family Trust, Henry Sirkis, Rich Levitan, Richard Busell, Whiteman Osterman & Hanna, LLP added. Party added pursuant to #1 Notice of Removal,,.Document filed by The State University of New York, Stella M Vilardi, Rashbi Management, Inc., Patrick Formato, C Kenneth Tesslar, Jordan Fensterman, Anthony J Bacchi, Allstate Administrators, Inc., Donna Hodge, Scott Einiger, Chana Lerner, Roberta Reardon as the Commissioner of the State of New York Department of Labor, Dr. Merryl H. Tisch, Chairman of the State University of New York Board of Trustees, Mark Zaffrin, Cullen and Dykman LLP, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear, Carolyn Robinson, Supervisor with the New York State Department of Labor,, Wolf Eisenbach, Lawrence Reichenberger, Richard Schildron, Lori Fensterman, Annette Hall, Scott Dietrich and Peter Fountas of the Research Foundation of the State University of New York, National Financial Services, The Schlesinger Family Trust, Mayer Fischl, Robert Fensterman, Jeffrey Vogel, Lorraine Takesky, Financial Service, Allstate ASO, Inc., Israel Zeigelman, Sentosacare, LLC, Howard A. Zucker, M.D., as the Commissioner of the State of New York Department of Health, Isaac Muller, Joel Greeneberg, Martin Farbenblum, Bent Philipson, Karen Grant Williams, Sherman C. Vogel, Benjamin Landa, Andrew M. Cuomo, Governor of the State of New York, in his official and individual capacities, Howard Belford, Barry Leistner, John Doe and other persons not yet identified, Sam Schlesinger, Broad Coverage Services, Inc., Henry Shayovitz, Matthew Barbara, Spencer Street Realty, Irwin Peckman, Martin Kass, Martin Schwartzman, Robert J. Pines, Oriska Insurance Company, Steven Greenstein, The Philipson Family Trust, Paul Barbara, Alexi Arias, Berkshire Group, Inc., Staci Fensterman, Eli Greenspan, Ira Lipsius, Samuel Ferrara, Lipsius-Benhaim Law, Michael Camilleri, Raphael A Weitzner, Steven Brown, Sharyn Mukamal, Allen Kass, Michael Weiss, Benjamin Fishoff, Berish Rubenstein, Linda A Lacewell as Superintendent of Insurance of the State of New York Department of Financial Services, Michael Schweimmer, Grandview Brokerage, Inc., Martha Lees as General Counsel of the Department of Financial Services, Pitterman Family Trust, Henry Sirkis, Rich Levitan, Richard Busell, Whiteman Osterman & Hanna, LLP. Related document: #1 Notice of Removal,,..(Kernan, James) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Kernan. The party information for the following party/parties has been modified: Oriska Corporation, Bay Park Center for Nursing and Rehabilitation, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Kernan 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; all of the parties listed in the pleading caption must be added to CM/ECF. Due to party modification, the wrong filer/filers were selected for the pleading. 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. (dnh) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney James Kernan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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) |
| Magistrate Judge Stewart D. Aaron 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) |
| Case Designated ECF. (dnh) |
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