Alston v. Harlem Center for Nursing and Rehabilitation, LLC et al
| Mark Alston |
| Harlem Center for Nursing and Rehabilitation, LLC, Greater Harlem Nursing Home and Rehabilitation Center, Inc., The Allure Group, LLC, 1-20 ABC Corporation, ABC Partnership and ABC Corporation |
| 1:2022cv06293 |
| July 25, 2022 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Ona T Wang |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 mm Fed. Question: Medical Malpractice |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
ORDER: granting #6 Letter Motion for Extension of Time to Answer re #6 FIRST LETTER MOTION for Extension of Time to File Answer. addressed to Magistrate Judge Ona T. Wang from Nicole Varisco dated August 1, 2022. LETTER MOTION for Extension of Time to File. addressed to Magistrate Judge Ona T. Wang from Nicole Varisco dated August 1, 2022; granting #6 Letter Motion for Extension of Time to File. Plaintiff asks the Court to set a briefing schedule for his anticipated motion to remand this action back to state court. See ECF 8. Having considered the parties' submissions, the Court concludes that a stay is appropriate. Accordingly, Defendant's request to stay the case is GRANTED. This case is stayed pending the Second Circuit's resolution of the subject matter questions at issue here. The parties are directed to file a joint status letter within one week of a disposition from the Second Circuit, indicating the decision's bearing on this case. The Initial Case Management Conference scheduled for October 11, 2022 is adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 8/10/2022) (ama)
|
| Case Stayed (ama) |
| Filing 8 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Joseph L. Ciaccio dated 8/2/2022 re: #6 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Ona T. Wang from Nicole Varisco dated August 1, 2022. LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Ona T. Wang from Nicole Varisco dated August 1, 2022. . Document filed by Mark Alston. (Attachments: #1 Exhibit A - Dupervil Decision, #2 Exhibit B - Shapnik Decision, #3 Exhibit C - Rivera v Eastchester Memo and Order, #4 Exhibit D - Judge Seibel Order, #5 Exhibit E - Judge Chen Order, #6 Exhibit F - Judge Ross Order, #7 Exhibit G - Judge Garaufis Order).(Ciaccio, Joseph) |
|
Filing 7
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 10/11/2022 at 11:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. SO ORDERED (Signed by Magistrate Judge Ona T. Wang on 8/2/2022) (ks)
|
| Filing 6 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Ona T. Wang from Nicole Varisco dated August 1, 2022., LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Ona T. Wang from Nicole Varisco dated August 1, 2022. Document filed by Greater Harlem Nursing Home and Rehabilitation Center, Inc., Harlem Center for Nursing and Rehabilitation, LLC, The Allure Group, LLC. (Attachments: #1 Exhibit Stay Orders).(Zippilli, Nicole) |
|
Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement), Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Ona T. Wang. All such motions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/27/22) (yv) Modified on 7/27/2022 (yv).
|
| Filing 4 NOTICE OF APPEARANCE by Joseph Ciaccio on behalf of Mark Alston..(Ciaccio, Joseph) |
| Filing 3 NOTICE OF APPEARANCE by Dylan C. Braverman on behalf of Greater Harlem Nursing Home and Rehabilitation Center, Inc., Harlem Center for Nursing and Rehabilitation, LLC, The Allure Group, LLC..(Braverman, Dylan) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(sj) |
| Magistrate Judge Ona T. Wang 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. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Zippilli, Nicole) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 152956/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26456976).Document filed by Greater Harlem Nursing Home and Rehabilitation Center, Inc., Harlem Center for Nursing and Rehabilitation, LLC, The Allure Group, LLC. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavits of Service, #3 Exhibit Martinez - Rivera, #4 Exhibit Leroy Brief - Brookdale, #5 Exhibit Leroy Brief - Mt Sinai, #6 Exhibit 2nd Circut Plaintiff's Brief, #7 Exhibit Martinez Brief, #8 Exhibit Reply Brief Defendants, #9 Exhibit Leroy Reply Brief co-def, #10 Exhibit Rivera - Zayas Reply Brief, #11 Exhibit Amicus Briefs, #12 Exhibit Chamber of Commerce AMA Amicus Brief, #13 Exhibit Motion to File Amicus Curiae Brief, #14 Exhibit Statement of Interest US).(Zippilli, Nicole) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
