Sibrizzi, as Administratrix of the Estate of Michael Sibrizzi, Deceased et al v. Strickland, P.A. et al
| Rosemarie Sibrizzi, as Administratrix of the Estate of Michael Sibrizzi, Deceased and Rosemarie Sibrizzi |
| John Strickland, P.A., Peekskill Urgent Care, P.C., New York Presbyterian Hudson Valley Center, Hudson River Healthcare Peekskill and United States |
| 1:2022cv10646 |
| December 16, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 nr Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1007 656 1 on 2/10/2023. (ama) |
Filing 9
ORDER: For the reasons stated on the record at the initial pre-trial conference held on February 9, 2023, and without objection, this case is hereby REMANDED to the Supreme Court of the State of New York, County of Westchester. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/09/2023) (ama) Transmission to Docket Assistant Clerk for processing.
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| Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 2/9/2023 by telephone. Plaintiff's counsel present. Counsel for Defendant New York Presbyterian Hudson Valley Center, present. The Court will issue and order remanding the action back to state court. (jar) |
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Filing 8
ORDER: On January 6, 2023, the Court scheduled a telephonic initial pretrial conference for February 1, 2023 at 4:00 p.m. Doc. 7. The Order also directed Plaintiff to serve the Order via overnight mail and email on remaining Defendant, New York Presbyterian Hudson Valley Center by no later than January 9, 2023. Id. On February 1, 2023, neither counsel for Plaintiffs nor counsel for New York Presbyterian Hudson Valley Center attended the initial pretrial conference. Accordingly, the initial conference is hereby rescheduled and will be held February 9, 2023 at 9:30 a.m. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. The Clerk of Court is respectfully directed to serve this Order to Plaintiff's counsel, Howard Suckle, via overnight mail to the Law Offices of Howard A. Suckle PLLC (4 Shorn Drive Blauvelt, NY 10913) and via email (HS@HowardSuckle.com). Mr. Suckle and Brandon Cowart, Counsel for John Strickland P.A. and Hudson River Healthcare Peekskill, are further directed to serve this Order via overnight mail and email to Counsel for New York Presbyterian Hudson Valley Center by no later than February 6, 2023. SO ORDERED., ( Initial Conference set for 2/9/2023 at 09:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 2/01/2023) (ama)
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| RESCHEDULING NOTICE: The telephonic initial pretrial conference previously scheduled for 10:00 a.m. on February 1, 2023 is hereby rescheduled for 4:00 p.m. on February 1. The parties are reminded to call the Court at (877) 411-9748 and use access code 3029857# when prompted. (jar) |
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Filing 7
ORDER: This matter was removed to this Court on December 16, 2022. Doc. 1. On January 4, 2023, Plaintiffs, along with John Strickland P.A. and Hudson River Healthcare Peekskill ("Federal Defendants"), filed a proposed stipulation and order of discontinuance in which the Federal Defendants would be terminated and the United States would be added as a Defendant. Doc. 5. Additionally, the proposed stipulation would dismiss the Plaintiffs' claims against the United States with prejudice. Id. This Order was granted on January 5, 2023. Doc. 6.An initial pre-trial conference will be held on February 1, 2023 at 10:00 a.m. via telephone conference. The parties are instructed to call the Court at (877) 411-9748 and use access code 3029857# when prompted. Plaintiff is directed to serve this Order via overnight mail and email on remaining Defendant New York Presbyterian Hudson Valley Center by no later than January 9, 2023. IT IS SO ORDERED.Telephonic Initial Conference set for 2/1/2023 at 10:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 1/06/2023) (ama)
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Filing 6
STIPULATION AND ORDER OF DISCONTINUANCE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties, by their respective counsel, pursuant to Federal Rule of Civil Procedure 41(a)(2), as follows: The United States is hereby substituted as defendant in place of Hudson RiverHealthcare Peekskill (incorrectly identified in the complaint as "Peekskill Urgent Care, P.C."), and John Strickland, P.A. Plaintiffs' claims against the United States are dismissed with prejudice. And as set forth herein. SO ORDERED., United States terminated. (Signed by Judge Edgardo Ramos on 1/05/2023) (ama)
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| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by Hudson River Healthcare Peekskill, John Strickland, P.A...(Cowart, Brandon) |
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Filing 4
ORDER granting #3 Letter Motion for Extension of Time to Answer re #3 LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Brandon Cowart dated December 20, 2022. Defendants' request for an extension to respond to the complaint, until January 23, 2023, is granted. SO ORDERED. Hudson River Healthcare Peekskill answer due 1/23/2023; John Strickland, P.A. answer due 1/23/2023. (Signed by Judge Edgardo Ramos on 12/21/2022) (vfr)
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| Filing 3 LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Brandon Cowart dated December 20, 2022. Document filed by Hudson River Healthcare Peekskill, John Strickland, P.A...(Cowart, Brandon) |
| Filing 2 CIVIL COVER SHEET filed..(Cowart, Brandon) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Brandon Herbert Cowart. The following party/parties has been removed from this case: Peekskill Urgent Care, P.C. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brandon Herbert Cowart re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading (Hudson River Healthcare Peekskill) were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Brandon Herbert Cowart. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Hudson River Healthcare Peekskill added. Party added pursuant to #1 Notice of Removal,.Document filed by Hudson River Healthcare Peekskill. Related document: #1 Notice of Removal,..(Cowart, Brandon) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brandon Herbert Cowart. The party information for the following party/parties has been modified: Hudson River Healthcare Peekskill. The information for the party/parties has been modified for the following reason/reasons: party text removed. (vf) |
| 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(vf) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 56383/2020..Document filed by Peekskill Urgent Care, P.C., John Strickland, P.A.. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Employment Certification)).(Cowart, Brandon) |
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