The Estate of Shirley Brito v. Harlem Center for Nursing and Rehabilitation, LLC et al
| The Estate of SHIRLEY BRITO, by her Proposed Administrator, TAIRRA BAKER and The Estate of Shirley Brito |
| Harlem Center for Nursing and Rehabilitation, LLC doing business as HARLEM CENTER FOR NURSING AND REHABILITATION, HARLEM CENTER FOR NURSING AND REHABILITATION and Harlem Center for Nursing and Rehabilitation, LLC |
| 1:2022cv09937 |
| November 22, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 mm Fed. Question: Medical Malpractice |
| Defendant |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 12
ORDER terminating #5 Letter Motion for Conference; terminating #5 Letter Motion for Extension of Time to Answer ; granting #5 Letter Motion to Stay addressed to Judge Paul A. Engelmayer from Nicole Varisco dated November 29, 2022. After careful review of the parties' letters, Dkts. 5, 10, the Court follows the example of other in-circuit courts and stays this case in light of the Second Circuit's pending resolution of Leroy v. Hume, Nos. 21-2158, 21-2159 (cons.), and Rivera-Zayas v. Our Lady of Consolation and Geriatric Care Center, No. 21-2164, which address issues central to this Court's jurisdiction. See, e.g., Dkt. 5 at 2-3 (listing stays). The Court adjourns the initial pre-trial conference scheduled for January 13, 2023, Dkt. 4, and orders the parties to file a joint status report within 48 hours of the Second Circuit's decision on the above appeals. The Clerk of the Court is respectfully directed to terminate the motion pending at docket 5. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/14/2022) (vfr)
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| Case Stayed (vfr) |
| Filing 11 NOTICE OF APPEARANCE by Dylan C. Braverman on behalf of Harlem Center for Nursing and Rehabilitation, Harlem Center for Nursing and Rehabilitation, LLC..(Braverman, Dylan) |
| Filing 10 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Joseph L. Ciaccio dated 12/9/2022 re: #5 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Nicole Varisco dated November 29, 2022. LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Nicole Varisco dated November 29, 2022. LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from Nicole Varisco dated November 29, 2022. . Document filed by The Estate of Shirley Brito. (Attachments: #1 Exhibit A - Shapnik Decision, #2 Exhibit B - Schwartz Decision).(Ciaccio, Joseph) |
| Filing 9 NOTICE OF APPEARANCE by Joseph Ciaccio on behalf of The Estate of Shirley Brito..(Ciaccio, Joseph) |
| Filing 8 CERTIFICATE OF SERVICE of Court's November 28, 2022 Order (Docket No. 4) served on Joseph Ciaccio on 11/29/2022. Document filed by Harlem Center for Nursing and Rehabilitation, Harlem Center for Nursing and Rehabilitation, LLC..(Zippilli, Nicole) |
| Filing 7 CERTIFICATE OF SERVICE of Letter Motion served on Joseph Ciaccio on 11/29/2022. Document filed by Harlem Center for Nursing and Rehabilitation, Harlem Center for Nursing and Rehabilitation, LLC..(Zippilli, Nicole) |
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Filing 6
ORDER with respect to #5 Letter Motion for Conference; with respect to #5 Letter Motion for Extension of Time to Answer ; with respect to #5 Letter Motion to Stay. The Court has received defendants' letter. Defendants have not filed on the docket of this case confirmation that plaintiff was served with the Court's November 28, 2022 order, Dkt. 4, and plaintiff's counsel has not appeared in the case. In light of the above, the Court orders defendants forthwith to file proof of service of the November 28, 2022 order. Plaintiff will have one week from the date of service to appear and respond to this letter, in a single-spaced letter of up to four pages, addressing the appropriateness of defendants' application for a stay pending decisions in the above-listed Second Circuit appeals. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2022) (vfr)
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| Filing 5 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Nicole Varisco dated November 29, 2022., LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Nicole Varisco dated November 29, 2022., LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from Nicole Varisco dated November 29, 2022. Document filed by Harlem Center for Nursing and Rehabilitation, Harlem Center for Nursing and Rehabilitation, LLC. (Attachments: #1 Exhibit Stay Orders).(Zippilli, Nicole) |
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Filing 4
ORDER: Initial Conference set for 1/13/2023 at 3:00 PM before Judge Paul A. Engelmayer. This will be a telephonic conference. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel for the removing defendants are further directed to serve on all other parties and submit to the Court on December 5, 2022 a letter providing the following information, as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/28/2022) (vfr)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc) |
| Magistrate Judge James L. Cott 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nicole Zippilli. The party information for the following party/parties has been modified: The Estate of SHIRLEY BRITO, by her Proposed Administrator, TAIRRA BAKER, HARLEM CENTER FOR NURSING AND REHABILITATION, Harlem Center for Nursing and Rehabilitation, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party type was entered incorrectly;. (pc) |
| Filing 3 NOTICE OF APPEARANCE by Megan Alice Lawless on behalf of HARLEM CENTER FOR NURSING AND REHABILITATION, Harlem Center for Nursing and Rehabilitation, LLC..(Lawless, Megan) |
| Filing 2 CIVIL COVER SHEET filed..(Zippilli, Nicole) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 159474/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26993236).Document filed by HARLEM CENTER FOR NURSING AND REHABILITATION, Harlem Center for Nursing and Rehabilitation, LLC. (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - service accepted, #3 Exhibit Exhibit C - Martinez - Rivera - Brief for Defendants-Appellants, #4 Exhibit Exhibit D - Leroy - Brief obo Brookdale Hospital Defendants, #5 Exhibit Exhibit E - Leroy - Brief obo Mt. Sinai Hospital Defendants, #6 Exhibit Exhibit F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume, #7 Exhibit Exhibit G - Martinez Brief obo Pltf-Appellee, #8 Exhibit Exhibit H - Leroy - Reply Brief obo Defendants, #9 Exhibit Exhibit I - Leroy Reply Brief obo co-def, #10 Exhibit Exhibit J - Rivera-Zayas - Reply Brief, #11 Exhibit Exhibit K - Amicus Briefs pending before the Second Circuit, #12 Supplement Exhibit L - Chamber of Commerce AMA Amicus Brief, #13 Exhibit Exhibit M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief, #14 Exhibit Exhibit N - US Statement of Interest (M.D. Tenn) Centeno).(Zippilli, Nicole) |
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| Plaintiff: The Estate of SHIRLEY BRITO, by her Proposed Administrator, TAIRRA BAKER | |
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| Plaintiff: The Estate of Shirley Brito | |
| Represented By: | Joseph Ciaccio |
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| Defendant: Harlem Center for Nursing and Rehabilitation, LLC doing business as HARLEM CENTER FOR NURSING AND REHABILITATION | |
| Represented By: | Megan Alice Lawless |
| Represented By: | Nicole Zippilli |
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| Defendant: HARLEM CENTER FOR NURSING AND REHABILITATION | |
| Represented By: | Megan Alice Lawless |
| Represented By: | Nicole Zippilli |
| Represented By: | Dylan C. Braverman |
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| Defendant: Harlem Center for Nursing and Rehabilitation, LLC | |
| Represented By: | Dylan C. Braverman |
| Represented By: | Megan Alice Lawless |
| Represented By: | Nicole Zippilli |
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