Brook v. Ruotolo et al
| Adam Brook |
| Joseph Ruotolo, Esq., Ira Salzman, Esq., Diana Rosenthal, Esq., Felice Wechsler, Esq., Mental Hygiene Legal Service, Kenneth Barocas, Esq., Ian Shainbrown, Esq., The Shainbrown Firm, L.L.C., Karl Huth, Esq., Huth Reynolds, L.L.P., Howard Muser, Allegiant Home Care, L.L.C., Ann Reen, Mary Manning Walsh Nursing Home, Allen Logerquist, Florence Pua, Eric Nowakowski, Towana Moe, John Michael Natividad, Arthur Akperov, Doris Bermudez, Navjot Sepla, Marie Sweet Mingoa and John Does #1-10 |
| 1:2022cv06173 |
| July 20, 2022 |
| U.S. District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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MAILING RECEIPT: Document No: 118. Mailed to: Eric Nowakowski 12 Apple Lane Highland, NY 12528. (dsh)
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Filing 118
MEMO ENDORSEMENT on re: #117 Letter filed by Ann Reen, Allegiant Home Care, L.L.C. ENDORSEMENT: Allegiant Home Care and Ann Reen, R.N.'s application to join the defendants' motion to dismiss Plaintiff's complaint is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/20/2023) (va)
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Filing 117
LETTER addressed to Judge Edgardo Ramos from Caroline Y. Ting, Esq. dated March 13, 2023 re: Join in the Defendants' Motion to Dismiss Plaintiff's Complaint. Document filed by Allegiant Home Care, L.L.C., Ann Reen..(Ting, Yi)
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Filing 116
NOTICE OF APPEARANCE by Yi Ting on behalf of Allegiant Home Care, L.L.C., Ann Reen..(Ting, Yi)
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Filing 115
AMENDED AFFIDAVIT OF SERVICE of Summons and Complaint. Ian Shainbrown, Esq served on 9/22/2022, answer due 10/13/2022. Service was made by Mail(nail & mail). Document filed by Adam Brook. (sc) Modified on 3/3/2023 (sc).
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Filing 114
NOTICE OF APPEARANCE by David Scott Rutherford on behalf of Allegiant Home Care, L.L.C., Ann Reen..(Rutherford, David)
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Filing 113
DECLARATION of Joshua Luke Rushing, Esq. in Opposition re: #89 MOTION to Disqualify Counsel.. Document filed by Karl Huth, Esq, Huth Reynolds, L.L.P...(Reynolds, Matthew)
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Filing 112
MEMORANDUM OF LAW in Opposition re: #89 MOTION to Disqualify Counsel. (Joshua Luke Rushing, Esq.). Document filed by Karl Huth, Esq, Huth Reynolds, L.L.P...(Reynolds, Matthew)
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MAILING RECEIPT: Document No: 111. Mailed to: Eric Nowakowski 12 Apple Lane Highland, NY 12528. (dsh)
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Filing 111
MEMO ENDORSEMENT on re: #109 Letter, filed by Adam Brook. ENDORSEMENT: Plaintiff's request for an extension of time to respond to defendants' motion to dismiss until April 10, 2023 is granted. SO ORDERED.( Responses due by 4/10/2023) (Signed by Judge Edgardo Ramos on 2/3/2023) (vfr)
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Filing 110
NOTICE OF APPEARANCE by Daniel William Isaacs on behalf of Adam Brook..(Isaacs, Daniel)
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Filing 109
LETTER addressed to Judge Edgardo Ramos from Adam Brook, dated 2/2/23 re: Plaintiff writes to request an extension of time to respond to Defendants' Motion to Dismiss until 4/10/23. The reason for this request is because it took a long time to find an attorney to represent my mother's Estate litigation; and because that attorney, Mr. Daniel Isaacs Esq., is currently on trial in an unrelated matter etc. Document filed by Adam Brook.(sc)
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Received returned mail re: #33 Order on Motion for Extension of Time. Mail was addressed to Adam Brook, 813 Delmar Way, Apt. 306, Delray Beach, FL 33483 and was returned for the following reason(s): Return To Sender Undeliverable As Addressed Unable To Forward. (vn)
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Received returned mail re: #20 Memo Endorsement, Set Deadlines/Hearings. Mail was addressed to Adam Brook, 813 Delmar Way, Apt. 306, Delray Beach, FL 33483 and was returned for the following reason(s): Return To Sender Undeliverable As Addressed Unable To Forward. (vn)
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Filing 108
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS COMPLAINT ON BEHALF OF ERIC NOWAKOWSKI, R-P.A.-C., re: #106 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Eric Nowakowski. (sc)
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Filing 107
DECLARATION of Eric Nowakowski, P.A. IN SUPPORT OF MOTION TO DISMISS PURS. TO FRCP 12(b) & 12(b)(6), re: #106 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Eric Nowakowski. (sc)
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Filing 106
NOTICE OF MOTION TO DISMISS PURS. TO FRCP 12(b) & 12(b)(6), Re: to Dismiss for Lack of Jurisdiction. Document filed by Eric Nowakowski, P.A.(sc) Modified on 12/21/2022 (sc).
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Filing 105
DECLARATION of Matthew John Reynolds, Esq. in Support re: #103 JOINT MOTION to Dismiss Plaintiff's Complaint.. Document filed by Arthur Akperov, Kenneth Barocas, Esq, Doris Bermudez, Karl Huth, Esq, Huth Reynolds, L.L.P., Allen Logerquist, Mary Manning Walsh Nursing Home, Mental Hygiene Legal Service, Marie Sweet Mingoa, Towana Moe, Howard Muser, John Michael Natividad, Florence Pua, Diana Rosenthal, Esq, Joseph Ruotolo, Esq, Ira Salzman, Esq, Navjot Sepla, Ian Shainbrown, Esq, The Shainbrown Firm, L.L.C., Felice Wechsler, Esq. (Attachments: #1 Exhibit A (May 9, 2019 Verified Petition of Howard Muser), #2 Exhibit B (May 28, 2019 Order Appointing Interim Temporary Guardian), #3 Exhibit C (January 3, 2020 Order Expanding the Power of the Temporary Gaurdian [sic] and Notice of Entry), #4 Exhibit D (April 14, 2020 Petition for Probate and related certification and verifications (with Fed. R. Civ. P. 5.2 redactions)).(Reynolds, Matthew)
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Filing 104
JOINT MEMORANDUM OF LAW in Support re: #103 JOINT MOTION to Dismiss Plaintiff's Complaint. . Document filed by Arthur Akperov, Kenneth Barocas, Esq, Doris Bermudez, Karl Huth, Esq, Huth Reynolds, L.L.P., Allen Logerquist, Mary Manning Walsh Nursing Home, Mental Hygiene Legal Service, Marie Sweet Mingoa, Towana Moe, Howard Muser, John Michael Natividad, Florence Pua, Diana Rosenthal, Esq, Joseph Ruotolo, Esq, Ira Salzman, Esq, Navjot Sepla, Ian Shainbrown, Esq, The Shainbrown Firm, L.L.C., Felice Wechsler, Esq..(Reynolds, Matthew)
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Filing 103
JOINT MOTION to Dismiss Plaintiff's Complaint. Document filed by Arthur Akperov, Kenneth Barocas, Esq, Doris Bermudez, Karl Huth, Esq, Huth Reynolds, L.L.P., Allen Logerquist, Mary Manning Walsh Nursing Home, Mental Hygiene Legal Service, Marie Sweet Mingoa, Towana Moe, Howard Muser, John Michael Natividad, Florence Pua, Diana Rosenthal, Esq, Joseph Ruotolo, Esq, Ira Salzman, Esq, Navjot Sepla, Ian Shainbrown, Esq, The Shainbrown Firm, L.L.C., Felice Wechsler, Esq..(Reynolds, Matthew)
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Filing 102
MEMORANDUM OF LAW in Support re: #100 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Karl Huth, Esq, Huth Reynolds, L.L.P...(Reynolds, Matthew)
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Filing 101
DECLARATION of Charles Kutner in Support re: #98 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Mary Manning Walsh Nursing Home. (Attachments: #1 Exhibit NY Dept of State Corporate Entity Information, #2 Exhibit Deaeth Certificate[Redacted], #3 Exhibit Preliminary Letters Testamentary).(Kutner, Charles)
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Filing 100
MOTION to Dismiss Plaintiff's Complaint. Document filed by Karl Huth, Esq, Huth Reynolds, L.L.P...(Reynolds, Matthew)
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Filing 99
MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss for Lack of Jurisdiction ., #90 MOTION to Dismiss All of Plaintiffs' Claims. . Document filed by Mary Manning Walsh Nursing Home..(Kutner, Charles)
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Filing 98
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Mary Manning Walsh Nursing Home..(Kutner, Charles)
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Filing 97
MEMORANDUM OF LAW in Support re: #95 MOTION to Dismiss . . Document filed by Ira Salzman, Esq..(Francoeur, Joseph)
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Filing 96
DECLARATION of Joseph L. Francoeur in Support re: #95 MOTION to Dismiss .. Document filed by Ira Salzman, Esq. (Attachments: #1 Exhibit Complaint).(Francoeur, Joseph)
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Filing 95
MOTION to Dismiss . Document filed by Ira Salzman, Esq..(Francoeur, Joseph)
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Filing 94
MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss the Complaint. . Document filed by Mental Hygiene Legal Service, Diana Rosenthal, Esq, Felice Wechsler, Esq..(Sutro, Steven)
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Filing 93
MOTION to Dismiss the Complaint. Document filed by Mental Hygiene Legal Service, Diana Rosenthal, Esq, Felice Wechsler, Esq..(Sutro, Steven)
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Filing 92
MEMORANDUM OF LAW in Support re: #90 MOTION to Dismiss All of Plaintiffs' Claims. . Document filed by Joseph Ruotolo, Esq..(Meenan, Colleen)
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Filing 91
DECLARATION of Joseph Ruotolo, Esq. in Support re: #90 MOTION to Dismiss All of Plaintiffs' Claims.. Document filed by Joseph Ruotolo, Esq. (Attachments: #1 Exhibit Exhibit A - 5.16.2019 Signed OSC w Petition and Notice of Proceeding, #2 Exhibit Exhibit B - 5.28.2019 Order, #3 Exhibit Exhibit C - 1.3.2020 Order, #4 Exhibit Exhibit D - Judith S. Brook Death Certificate, #5 Exhibit Exhibit E - Preliminary Letters Testamentary & Letters Testamentary).(Meenan, Colleen)
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Filing 90
MOTION to Dismiss All of Plaintiffs' Claims. Document filed by Joseph Ruotolo, Esq..(Meenan, Colleen)
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Filing 89
PLAINTIFF'S NOTICE OF MOTION, Re: to Disqualify Ian Shainbrown, Esq. and Joshua Rushing, Esq. as Counsel for Certain Defendants. Document filed by Adam Brook.(sc)
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MAILING RECEIPT: Document No: 87. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483; Eric Nowakowski 12 Apple Lane Highland, NY 12528. (dsh)
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Filing 88
LETTER addressed to Judge Edgardo Ramos from A. Brook, dated 12/10/22 re: Plaintiff writes to correct the record regarding a misleading statement in Assistant Attorney General Steven Sutro's 12/9/22 letter(Doc. 86) etc. It would seem to me that implicit in your practice rules' requirement that a party requesting an extension of time to contact the opposing party etc. is that the party making the extension request give the opposing party adequate time to respond to the extension request. Document filed by Adam Brook.(sc)
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Filing 87
ORDER granting #86 Letter Motion for Extension of Time. Defendants' request for a one-week extension, until December 20, 2022, to file the Motion to Dismiss the Complaint is granted. SO ORDERED. Motions due by 12/20/2022. (Signed by Judge Edgardo Ramos on 12/9/2022) (ate)
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Filing 86
FIRST LETTER MOTION for Extension of Time to file motion to dismiss addressed to Judge Edgardo Ramos from Steven A. Sutro dated 12/9/22. Document filed by Mental Hygiene Legal Service, Diana Rosenthal, Esq, Felice Wechsler, Esq..(Sutro, Steven)
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Filing 85
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/15/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 84
TRANSCRIPT of Proceedings re: CONFERNECE held on 11/15/2022 before Judge Edgardo Ramos. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2022. Redacted Transcript Deadline set for 1/5/2023. Release of Transcript Restriction set for 3/6/2023..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 11/15/2022. Pro Se Plaintiff present. Counsel for Defendants Ruotolo, Salzman, Rosenthal, Wechsler, Mental Hygiene Legal Service, Barocas, Huth, Huth Reynolds, LLP, Mary Manning Walsh Nursing Home, Logerquist, Pua, Moe, Natividad, Akperov, Bermudez, Sepla, Mingoa, and Muser, present. Defendants Nowakowski and Shainbrown, present. Defendants are granted leave to file motions to dismiss with the following briefing schedule: moving papers due December 13, 2022; opposition due February 7, 2023; and replies due February 21, 2023. Page limits for the motion to dismiss as follows: Defendants' joint brief shall be 25 pages and 10 pages for any party-specific argument; Brook's response brief shall be 50 pages. Brook is granted leave to file a motion to disqualify with the following briefing schedule: moving papers due December 13, 2022; opposition due February 7, 2023; and replies due February 21, 2023. (jar)
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Filing 83
NOTICE OF APPEARANCE by Erin Anne O'Leary on behalf of Kenneth Barocas, Esq..(O'Leary, Erin)
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DOCKET ANNOTATION: The pre-motion conference scheduled for November 15, 2022 at 3:30 p.m. will be held at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007, Courtroom 619. (jar)
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Filing 82
LETTER addressed to Judge Edgardo Ramos from A. Brook dated 11/8/22 re: I write in response to Assistant Attorney General Steven Sutro's letter (Dkt. 50). Sutro argues that the MHLS Defendants are immune from suit under the Eleventh Amendment etc. If, as it should, this Court refuses to dismiss the federal claims, then this Court lacks discretion to decline supplemental jurisdiction over the state law claims. Document filed by Adam Brook.(sc) Modified on 11/17/2022 (sc).
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Filing 81
LETTER addressed to Judge Edgardo Ramos from A. Brook, dated 11/7/22 re: I write in response to the letter(Dkt. 43) of Charles Kutner etc. Kutner argues that this lawsuit should be dismissed on various procedural grounds and statute of limitations etc. For these reasons (as indicated), the statute of limitations for the wrongful-death claim was timely filed; the intentional infliction of emotional distress claim, as it pertains to the MMW Defendants, should be equitably tolled, and is timely filed as to the other co-conspirator defendants making filings in the state court in 2021 and 2022. Document filed by Adam Brook.(sc)
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Filing 80
AFFIDAVIT OF SERVICE of Summons and Complaint. Ira Salzman, Esq. served on 8/12/2022, answer due 9/2/2022. Service was accepted by Richard R.(Doorman at 800 West End Ave., #9D, NY, NY). Document filed by Adam Brook. (sc)
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Filing 79
AFFIDAVIT OF SERVICE of Summons and Complaint. Felice Wechsler, Esq. served on 8/9/2022, answer due 8/30/2022. Service was accepted by Augustine Rivera, co-worker. Document filed by Adam Brook. (sc)
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Filing 78
AFFIDAVIT OF SERVICE of Summons and Complaint. Diana Rosenthal, Esq. served on 9/15/2022, answer due 10/6/2022. Service was accepted by Laura Milnack, co-worker. Document filed by Adam Brook. (sc) Modified on 10/31/2022 (sc).
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Filing 77
AFFIDAVIT OF SERVICE of Summons and Complaint. The Shainbrown Firm, L.L.C. served on 10/13/2022, answer due 11/3/2022. Service was accepted by Vicky, Gov't Clerk. Document filed by Adam Brook. (sc)
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Filing 76
AFFIDAVIT OF SERVICE of Summons and Complaint. Allegiant Home Care, L.L.C. served on 8/30/2022, answer due 9/20/2022. Service was accepted by Nancy Dougherty, NYS Secretary of State Office. Document filed by Adam Brook. (sc)
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Filing 75
AFFIDAVIT OF SERVICE of Summons and Complaint. Arthur Akperov, served on 8/31/2022, answer due 10/30/2022. Service was accepted by Arthur Akperov, R.N. Document filed by Adam Brook. (sc)
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Filing 74
AFFIDAVIT OF SERVICE of Summons and Complaint. Navjot Sepla, served on 8/27/2022, answer due 10/30/2022. Service was accepted by Navjot Sepla, R.N. Document filed by Adam Brook. (sc)
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Filing 73
AFFIDAVIT OF SERVICE of Summons and Complaint. Mental Hygiene Legal Service, served on 8/9/2022, answer due 8/30/2022. Service was accepted by Augustine Rivera, co-worker. Document filed by Adam Brook. (sc)
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Filing 72
AFFIDAVIT OF SERVICE of Summons and Complaint. Florence Pua, served on 9/30/2022, answer due 10/30/2022. Service was accepted by Doorman(name not given) at 220 Manhattan Ave., Apt. 6C, NY, NY 10025. Document filed by Adam Brook. (sc) Modified on 10/31/2022 (sc).
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Filing 71
AFFIDAVIT OF SERVICE of Summons and Complaint. Allen Logerquist, served on 9/8/2022, answer due 9/29/2022. Service was accepted by Pepe Forcu, doorman. Document filed by Adam Brook. (sc)
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Filing 70
AFFIDAVIT OF SERVICE of Summons and Complaint. Ann Reen, served on 8/26/2022, answer due 9/16/2022. Service was accepted by Ann Reen, R.N. Document filed by Adam Brook. (sc)
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Filing 69
AFFIDAVIT OF SERVICE of Summons and Complaint. John Michael Natividad, served on 9/20/2022, answer due 10/30/2022. Service was accepted by John M. Natividad, R.N. Document filed by Adam Brook. (sc) Modified on 10/31/2022 (sc).
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Filing 68
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Eric Nowakowski served on 9/7/2022, answer due 10/30/2022. Service was made by Mail(nail & mail). Document filed by Adam Brook. (sc)
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Filing 67
AFFIDAVIT OF SERVICE of Summons and Complaint. Marie Sweet Mingoa, served on 9/19/2022, answer due 10/30/2022. Service was made by Mail(nail & mail). Document filed by Adam Brook. (sc)
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Filing 66
AFFIDAVIT OF SERVICE of Summons and Complaint. Joseph Ruotolo, Esq served on 9/28/2022, answer due 10/19/2022. Service was made by Mail(nail & mail). Document filed by Adam Brook. (sc)
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Filing 65
AFFIDAVIT OF SERVICE of Summons and Complaint. Howard Muser, served on 8/10/2022, answer due 8/31/2022. Service was accepted by Howard Muser. Document filed by Adam Brook. (sc)
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Filing 64
AFFIDAVIT OF SERVICE of Summons and Complaint. Ian Shainbrown, Esq. served on 9/29/2022, answer due 10/20/2022. Service was made by Mail(nail & mail). Document filed by Adam Brook. (sc)
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Filing 63
AFFIDAVIT OF SERVICE of Summons and Complaint Huth Reynolds, L.L.P. served on 8/4/2022, answer due 8/25/2022. Service was accepted by Karl Huth, Esq. Document filed by Adam Brook. (sc)
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Filing 62
AFFIDAVIT OF SERVICE of Summons and Complaint. Doris Bermudez, served on 9/30/2022, answer due 10/30/2022. Service was made by Mail(nail & mail). Document filed by Adam Brook. (sc) Modified on 10/31/2022 (sc).
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Filing 61
AFFIDAVIT OF SERVICE of Summons and Complaint. Mary Manning Walsh Nursing Home, served on 8/30/2022, answer due 10/30/2022. Service was accepted by Nancy Dougherty, NYS Secretary of State Office. Document filed by Adam Brook. (sc) Modified on 10/31/2022 (sc).
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Filing 60
AFFIDAVIT OF SERVICE of Summons and Complaint. Kenneth Barocas, Esq. served on 8/9/2022, answer due 8/30/2022. Service was accepted by Roger Archibald, co-worker. Document filed by Adam Brook. (sc)
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Filing 59
AFFIDAVIT OF SERVICE of Summons and Complaint. Karl Huth, Esq. served on 8/4/2022, answer due 8/25/2022. Service was accepted by Karl Hurth, Esq. Document filed by Adam Brook. (sc) Modified on 10/31/2022 (sc).
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Filing 58
AFFIDAVIT OF SERVICE of Summons and Complaint. Towana Moe, served on 9/17/2022, answer due 10/30/2022. Service was accepted by Towanna Moe, RN. Document filed by Adam Brook. (sc) Modified on 10/31/2022 (sc). Modified on 10/31/2022 (sc).
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Filing 57
LETTER addressed to Judge Edgardo Ramos from A. Brook, dated 10/23/22 re: I write in accordance with your individual practice rules, 2(A)(ii), and in response to the letter of Colleen Meenan Esq., Joseph Ruotolo Esq.'s attorney requesting a pre-motion conference for purported motion to dismiss the claims against defendant Ruotolo etc. After his 1/3/20 appointment as my mother's complete guardian, Ruotolo also engaged in financial mismanagement and machinations intended to increase his commissions and compensation. He exceeded his authority by transferring assets from accounts with named beneficiaries to accounts under Ruotolo's control without maintaining those beneficiaries. Document filed by Adam Brook.(sc)
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MAILING RECEIPT: Document No: 54-56. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483; Eric Nowakowski 12 Apple Lane Highland, NY 12528. (kh)
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Filing 56
ORDER: granting #50 Letter Motion for Conference re: #50 LETTER MOTION for Conference pre-motion to dismiss conference. addressed to Judge Edgardo Ramos from Steven A. Sutro dated 10/12/22. The MHLS Defendants' request to jointhe pre-motion conference is granted. SO ORDERED. Pre-Motion Conference set for 11/15/2022 at 03:30 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 10/18/2022) (ama)
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Filing 55
MEMO ENDORSEMENT: on re: #48 Letter filed by Eric Nowakowski. ENDORSEMENT: Defendant Nowakowski's request to join in the request for Mary Manning Walsh Home for the pre-motion conference is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/18/2022) (ama)
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Filing 54
MEMO ENDORSEMENT on re: #47 Letter filed by Adam Brook. ENDORSEMENT: The Court hereby extends Plaintiff's deadline to file an opposition to Defendants' letters for pre-motion conference, see Docs. 42, 43, 48, and 50, to November 8, 2022. SO ORDERED., ( Responses due by 11/8/2022) (Signed by Judge Edgardo Ramos on 10/18/2022) (ama)
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Filing 53
NOTICE OF APPEARANCE by Lissett Costa Ferreira on behalf of Joseph Ruotolo, Esq..(Ferreira, Lissett)
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Filing 52
LETTER addressed to Judge Edgardo Ramos from Adam Brook dated 10/17/2022 re: I am the Plaintiff pro se and write in accordance with your individual practice rules...lawsuit in state court against the healthcare providers. Document filed by Adam Brook. (ok)
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Filing 51
LETTER addressed to Judge Edgardo Ramos from Adam Brook dated 10/16/2022 re: I am the Plaintiff pro se and write in accordance with you individual practice rules...I therefore respectfully request an extension of time to respond to Mary Manning's letter until October 27, 2022, Counsel for MHLS, Rosenthal, and Wechsler has consented to this extension. Document filed by Adam Brook. (ok)
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MAILING RECEIPT: Document No: 45-46. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483; Eric Nowakowski 12 Apple Lane Highland, NY 12528. (dsh)
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Filing 50
LETTER MOTION for Conference pre-motion to dismiss conference addressed to Judge Edgardo Ramos from Steven A. Sutro dated 10/12/22. Document filed by Mental Hygiene Legal Service, Diana Rosenthal, Esq, Felice Wechsler, Esq..(Sutro, Steven)
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Filing 49
NOTICE OF APPEARANCE by Steven Adam Sutro on behalf of Mental Hygiene Legal Service, Diana Rosenthal, Esq, Felice Wechsler, Esq..(Sutro, Steven)
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Filing 48
LETTER from E. Nowakowski, dated 10/12/22 re: I submit this letter to join in the request of Mary Manning Walsh Home for a pre-motion conference pursuant to Rule 2.A.ii of your Honor's Individual Rules of Practice etc. Document filed by Eric Nowakowski.(sc)
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Filing 47
LETTER addressed to Judge Edgardo Ramos from A. Brook, MD, dated 10/12/22 re: However, because of my clinical responsibilities as a surgeon, it is difficult for me to comply with the 10/14/22 deadline. I therefore request an extension of time to respond to Mary Manning's letter until 10/24/22 etc. Document filed by Adam Brook.(sc)
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Filing 46
MEMO ENDORSEMENT: on re: #44 Letter filed by Eric Nowakowski. ENDORSEMENT: Defendant's request for an extension is granted. SO ORDERED., Eric Nowakowski answer due 10/30/2022. (Signed by Judge Edgardo Ramos on 10/12/2022) (ama)
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Filing 45
ORDER granting #35 FIRST LETTER MOTION for Conference re Proposed Motion to Dismiss Complaint, #42 FIRST LETTER MOTION for Conference, #43 FIRST LETTER MOTION for Conference, #7 LETTER MOTION for Conference. Several defendants having moved for a pre-motion conference for anticipated motions to dismiss, docs. 7, 31, 35, 42 and 43, and the plaintiff having moved for a pre-motion conference for an anticipated motion to disqualify Joshua Rushing, doc.16, a pre-motion conference will be held on November 15, 2022 at 3:30 p.m. The Clerk of the Court is respectfully directed to terminate the motions, docs. 7, 35, 42, and 43. It is SO ORDERED. (Pre-Motion Conference set for 11/15/2022 at 03:30 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 10/12/2022) (ama) Modified on 10/25/2022 (jar).
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Filing 43
FIRST LETTER MOTION for Conference pursuant to Individual Rule of Practice 2.A.ii for pre-motion conference in connecrtion with filing Motion to Dismiss Complaint pursuant to FRCP 12(b)1 and 12(b)6 on behalf of Mary Manning Walsh Home Co., Inc., Towana Moe, R.N., John Michael Natividad, R.N., Doris Bermudez, R.N., Marie Sweet Mingoa, R.N., Arthur Akperov, R.N., Navjot Sepla, R.N., Allen Logerquist, M.D. and Florence Pua, M.D addressed to Judge Edgardo Ramos from Charles Kutner dated October 11, 2022. Document filed by Mary Manning Walsh Nursing Home..(Kutner, Charles)
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Filing 42
FIRST LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Colleen M. Meenan, Attorney for Joseph Ruotolo, Esq. dated 10/10/2022. Document filed by Joseph Ruotolo, Esq..(Meenan, Colleen)
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Filing 41
NOTICE OF APPEARANCE by Colleen Margaret Meenan on behalf of Joseph Ruotolo, Esq..(Meenan, Colleen)
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Filing 44
LETTER addressed to Judge Edgardo Ramos from Eric Nowakowski dated 10.10.22 re: I am a named defendant in the above entitled action. I am in the process of determining whether I have insurance coverage for this lawsuit...Accordingly, I am asking the court to extend my time to move or answer the complaint to October 30, 2022. Document filed by Eric Nowakowski. (ok)
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Filing 40
LETTER addressed to Judge Edgardo Ramos from Adam Brook dated 10/4/2022 re: I am the Plaintiff pro se and write in accordance with your individual practice rules 2(A)(ii). I am still in the process of serving Defendants. Judicial economy may favor completion of service on those Defendants who can be served before a per-motion conference. Certain Defendants' actions have made service challenging...There is complete diversity of the parties for the reasons discussed in my response (Dkt.12) to Huth's letter-motion. Document filed by Adam Brook. (ok)
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Filing 39
NOTICE OF APPEARANCE PRO SE by Eric Nowakowski. (sc) (Additional attachment(s) added on 10/4/2022: #1 Errata Letter) (sc).
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MAILING RECEIPT: Document No: 38. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483. (kh)
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Filing 38
ORDER: granting #37 Letter Motion for Extension of Time. Defendant's request for an extension is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/03/2022) (ama)
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Set/Reset Deadlines: Florence Pua answer due 10/30/2022. (ama)
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Filing 37
FIRST LETTER MOTION for Extension of Time to move or answer the complaint on behalf of Florence Pua, M.D. addressed to Judge Edgardo Ramos from Charles Kutner dated September 30, 2022. Document filed by Florence Pua..(Kutner, Charles)
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Filing 36
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Florence Pua..(Kutner, Charles)
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Filing 35
FIRST LETTER MOTION for Conference re Proposed Motion to Dismiss Complaint addressed to Judge Edgardo Ramos from Erin O'Leary dated 9/29/2022. Document filed by Kenneth Barocas, Esq..(O'Leary, Erin)
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Filing 34
LETTER addressed to Judge Edgardo Ramos from Adam Brook dated 9/29/22 re: I am still in the process of serving the defendants. Judicial economy may favor completion of service on those defendants who can be served before a pre-motion conference. Certain defendants' actions have made service challenging etc. Document filed by Adam Brook.(sc)
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MAILING RECEIPT: Document No: 33. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483. (dsh)
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Filing 33
ORDER: granting #32 Letter Motion for Extension of Time. Defendant's request for extension is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/27/2022) (ama)
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Set/Reset Deadlines: Arthur Akperov answer due 10/30/2022; Doris Bermudez answer due 10/30/2022; Allen Logerquist answer due 10/30/2022; Mary Manning Walsh Nursing Home answer due 10/30/2022; Marie Sweet Mingoa answer due 10/30/2022; Towana Moe answer due 10/30/2022; John Michael Natividad answer due 10/30/2022; Navjot Sepla answer due 10/30/2022. (ama)
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Filing 32
FIRST LETTER MOTION for Extension of Time to move or answer complaint on behalf of Mary Manning Walsh Home Co., Inc., Towana Moe, R.N., John Michael Natividad, R.N., Doris Bermudez, R.N., Marie Sweet Mingoa, R.N., Arthur Akperov, R.N., Navjot Sepla, R.N., and Allen Logerquist, M.D. addressed to Judge Edgardo Ramos from Charles E. Kutner dated September 26, 2022. Document filed by Mary Manning Walsh Nursing Home..(Kutner, Charles)
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Filing 31
PRE-CONFERENCE STATEMENT Pre-Motion Conference. Document filed by Ira Salzman, Esq..(Francoeur, Joseph)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Charles Kutner to RE-FILE Document #30 FIRST MOTION for Extension of Time to move or answer complaint on behalf of Mary Manning Walsh Home Co., Inc., Towana Moe, R.N., John Michael Natividad, R.N., Doris Bermudez, R.N., Marie Sweet Mingoa, R.N., Arthur Akperov, R.N., Navjot Sepla, R.N.. ERROR(S): When asked, Is this a Letter Motion?, click the Yes radio button, then complete the Docket Entry as Instructed.. (kj)
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Filing 30
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Extension of Time to move or answer complaint on behalf of Mary Manning Walsh Home Co., Inc., Towana Moe, R.N., John Michael Natividad, R.N., Doris Bermudez, R.N., Marie Sweet Mingoa, R.N., Arthur Akperov, R.N., Navjot Sepla, R.N., and Allen Logerquist, M.D.. Document filed by Mary Manning Walsh Nursing Home..(Kutner, Charles) Modified on 9/26/2022 (kj).
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Filing 29
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Allen Logerquist..(Kutner, Charles)
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Filing 28
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Navjot Sepla..(Kutner, Charles)
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Filing 27
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Marie Sweet Mingoa..(Kutner, Charles)
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Filing 26
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Doris Bermudez..(Kutner, Charles)
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Filing 25
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of John Michael Natividad..(Kutner, Charles)
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Filing 24
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Towana Moe..(Kutner, Charles)
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Filing 23
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Mary Manning Walsh Nursing Home..(Kutner, Charles)
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Filing 22
NOTICE OF APPEARANCE by Charles Everett Kutner on behalf of Arthur Akperov..(Kutner, Charles)
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MAILING RECEIPT: Document No: 20. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483. (kh)
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Filing 21
LETTER addressed to Judge Edgardo Ramos from Adam Brook, dated 9/20/22 re: I write in response to Mr. Akperov's letter in which he states that he sent me three emails requesting an extension of time. I checked my email account, and I found all three of Mr. Akperov's emails in the spam folder etc. Document filed by Adam Brook.(sc)
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Filing 20
MEMO ENDORSEMENT: on re: #19 Letter filed by Arthur Akperov, Arthur. ENDORSEMENT: Defendant's request for extension is Granted. SO ORDERED. Akperov answer due 10/20/2022. (Signed by Judge Edgardo Ramos on 9/20/2022) (ama)
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Filing 19
LETTER addressed to Judge Edgardo Ramos from A. Akperov, dated 9/19/22 re: I am writing to formally request an extension of my time to respond to the Complaint to 10/20/22 pursuant to Rule 1E of your Honor's Individual Rules of Practice. This extension of time to respond will allow for time to review the 254 pages of the Complaint and obtain legal counsel etc. Document filed by Arthur Akperov.(sc)
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Received returned mail re: #11 Order on Motion for Extension of Time to File Response/Reply. Mail was addressed to Adam Brook, 813 Delmar Way, Apt. 306, Delray Beach, FL 33483 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward, RTS. (vn)
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Filing 18
LETTER addressed to Judge Edgardo Ramos from Matthew J. Reynolds dated September 9, 2022 re: Opposition to Plaintiff's September 6, 2022 Pre-Motion Conference Letter, ECF No. 16. Document filed by Karl Huth, Esq, Huth Reynolds, L.L.P.. (Attachments: #1 Exhibit A (Email Correspondence)).(Reynolds, Matthew)
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Filing 17
NOTICE OF APPEARANCE by Ronald Wade Weiner on behalf of Ira Salzman, Esq..(Weiner, Ronald)
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Filing 16
LETTER addressed to Judge Edgardo Ramos from A. Brook, MD, dated 9/6/22 re: I write to request a pre-motion conference under His Honor's Individual Rules. The relief sought by the proposed motion is the disqualification of Joshua Rushing who, on 8/24/22, filed Notice of Appearance to represent the "Huth Defedants." Mr. Rushing was previously employed at Pryor, Cashman LLP; and Pryor Cashman represents my mother Judith Brook's estate in the New York state court guardianship proceeding to appoint a guardian for Judith Brook(now deceased) extensively referred to in my Complaint herein.. Document filed by Adam Brook.(sc)
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MAILING RECEIPT: Document No: 15. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483. (kh)
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Filing 15
ORDER: granting #14 Letter Motion for Extension of Time to Answer re #14 FIRST LETTER MOTION for Extension of Time to File Answer Respond to the Complaint. addressed to Judge Edgardo Ramos from Erin O'Leary, Esq. dated August 31, 2022. The extension to September 30, 2022 is Granted. SO ORDERED. Kenneth Barocas, Esq answer due 9/30/2022. (Signed by Judge Edgardo Ramos on 9/01/2022) (ama)
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Filing 14
FIRST LETTER MOTION for Extension of Time to File Answer Respond to the Complaint addressed to Judge Edgardo Ramos from Erin O'Leary, Esq. dated August 31, 2022. Document filed by Kenneth Barocas, Esq..(O'Leary, Erin)
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Filing 13
NOTICE OF APPEARANCE by Erin Anne O'Leary on behalf of Kenneth Barocas, Esq..(O'Leary, Erin)
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Filing 12
LETTER addressed to Judge Edgardo Ramos from Adam Brook, dated 8/30/22 re: I write in response to Matthew Reynolds' letter(Dkt. 7 on 8/24/22) for a pre-motion conference on his proposed Motion to Dismiss for defendants Karl Huth and Huth, Reynolds LLP where Mr. Reynolds is also a partner. I am still in the process of serving defendants. Judicial economy may favor completion of service on those defendants who can be served before a pre-motion conference, in the event there are other pre-motion requests etc. Document filed by Adam Brook.(sc)
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MAILING RECEIPT: Document No: 11. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483. (dsh)
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Filing 11
ORDER: granting #10 Letter Motion for Extension of Time to File Response/Reply re #10 LETTER MOTION for Extension of Time to File Response/Reply to the complaint. addressed to Judge Edgardo Ramos from Steven A. Sutro dated 8/26/22. The request for an extension is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/28/2022) (ama)
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Set/Reset Deadlines: Mental Hygiene Legal Service answer due 10/14/2022; Felice Wechsler, Esq answer due 10/14/2022. (ama)
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Filing 10
LETTER MOTION for Extension of Time to File Response/Reply to the complaint addressed to Judge Edgardo Ramos from Steven A. Sutro dated 8/26/22. Document filed by Mental Hygiene Legal Service, Diana Rosenthal, Esq, Felice Wechsler, Esq..(Sutro, Steven)
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MAILING RECEIPT: Document No: 9. Mailed to: Adam Brook 813 Delmar Way Apt. 306 Delray Beach, FL 33483. (kh)
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Filing 9
ORDER: granting #5 Letter Motion for Extension of Time. Salzman's request for an extension is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/25/2022) (ama)
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Set/Reset Deadlines: Ira Salzman, Esq answer due 9/30/2022. (ama)
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Filing 8
NOTICE OF APPEARANCE by Joshua Luke Rushing on behalf of Karl Huth, Esq, Huth Reynolds, L.L.P...(Rushing, Joshua)
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Filing 7
LETTER MOTION for Conference re Proposed Motion to Dismiss Complaint addressed to Judge Edgardo Ramos from Matthew J. Reynolds dated August 24, 2022. Document filed by Karl Huth, Esq, Huth Reynolds, L.L.P...(Reynolds, Matthew)
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Filing 6
NOTICE OF APPEARANCE by Matthew John Reynolds on behalf of Karl Huth, Esq, Huth Reynolds, L.L.P...(Reynolds, Matthew)
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Filing 5
LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Joseph L. Francoeur dated August 24,2022. Document filed by Ira Salzman, Esq. Return Date set for 8/25/2022 at 09:30 AM..(Francoeur, Joseph)
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Filing 4
NOTICE OF APPEARANCE by Joseph Louis Francoeur on behalf of Ira Salzman, Esq..(Francoeur, Joseph)
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Filing 2
CIVIL COVER SHEET filed. (sac)
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Filing 1
COMPLAINT against Arthur Akperov, Allegiant Home Care, L.L.C., Kenneth Barocas, Esq, Doris Bermudez, John Does #1-10, Karl Huth, Esq, Huth Reynolds, L.L.P., Allen Logerquist, Mary Manning Walsh Nursing Home, Mental Hygiene Legal Service, Marie Sweet Mingoa, Towana Moe, Howard Muser, John Michael Natividad, Eric Nowakowski, Florence Pua, Ann Reen, Diana Rosenthal, Esq, Joseph Ruotolo, Esq, Ira Salzman, Esq, Navjot Sepla, Ian Shainbrown, Esq, The Shainbrown Firm, L.L.C., Felice Wechsler, Esq. (Filing Fee $402.00, Receipt Number 3169) Document filed by Adam Brook. (sac)
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SUMMONS ISSUED as to Arthur Akperov, Allegiant Home Care, L.L.C., Kenneth Barocas, Esq, Doris Bermudez, John Does #1-10, Karl Huth, Esq, Huth Reynolds, L.L.P., Allen Logerquist, Mary Manning Walsh Nursing Home, Mental Hygiene Legal Service, Marie Sweet Mingoa, Towana Moe, Howard Muser, John Michael Natividad, Eric Nowakowski, Florence Pua, Ann Reen, Diana Rosenthal, Esq, Joseph Ruotolo, Esq, Ira Salzman, Esq, Navjot Sepla, Ian Shainbrown, Esq, The Shainbrown Firm, L.L.C., Felice Wechsler, Esq. (sac)
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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. (sac)
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Case Designated ECF. (sac)
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