Schwartz v. Atria Senior Living, Inc. et al
Plaintiff: Roselind Schwartz
Defendant: ATRIA SENIOR LIVING INC, ATRIA NY OPERATING COMPANY, INC. and Atria Senior Living, Inc.
Case Number: 1:2023cv05164
Filed: June 19, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 ds Diversity-Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2023 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 LETTER MOTION for Extension of Time to File Answer re: #8 Amended Complaint, addressed to Judge Edgardo Ramos from Kelly Jones Howell dated 8/11/2023. Defendants' request for an extension, until September 29, 2023, to answer or otherwise respond to the amended complaint is granted. SO ORDERED. Atria NY Operating Company, Inc. answer due 9/29/2023; Atria Senior Living, Inc. answer due 9/29/2023 (Signed by Judge Edgardo Ramos on 8/11/2023) (jca)
August 11, 2023 Filing 13 LETTER MOTION for Extension of Time to File Answer re: #8 Amended Complaint, addressed to Judge Edgardo Ramos from Kelly Jones Howell dated 8/11/2023. Document filed by Atria NY Operating Company, Inc., Atria Senior Living, Inc...(Howell, Kelly)
August 11, 2023 Filing 12 NOTICE OF APPEARANCE by Paulo Martins Coelho on behalf of Atria NY Operating Company, Inc., Atria Senior Living, Inc...(Coelho, Paulo)
July 16, 2023 Filing 11 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Atria Senior Living, Inc. served on 7/10/2023, answer due 7/31/2023. Service was accepted by Chelsea Newland. Document filed by Roselind Schwartz..(Schwartz, Arthur)
June 30, 2023 Filing 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Atria Senior Living, Inc. served on 6/26/2023, answer due 7/17/2023. Service was accepted by Agent for Atria Senior Living Inc.. Document filed by Roselind Schwartz..(Schwartz, Arthur)
June 30, 2023 Filing 9 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Atria NY Operating Company, Inc. served on 6/26/2023, answer due 7/17/2023. Service was accepted by Legal Representative as Agent for Service. Document filed by Roselind Schwartz..(Schwartz, Arthur)
June 22, 2023 Filing 8 FIRST AMENDED COMPLAINT amending #1 Complaint, against Atria NY Operating Company, Inc., Atria Senior Living, Inc. with JURY DEMAND.Document filed by Roselind Schwartz. Related document: #1 Complaint,. (Attachments: #1 Exhibit Ex. A - 4/19 Ratelock Unsigned, #2 Exhibit Ex. B - 4/19 Room Change - Unsigned, #3 Exhibit Ex. C - 11/19 Signed Agreement, #4 Exhibit Ex. D - 2/23 Letter to Atria).(Schwartz, Arthur)
June 21, 2023 Filing 7 ELECTRONIC SUMMONS ISSUED as to Atria NY Operating Company, Inc...(jgo)
June 20, 2023 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Atria NY Operating Company, Inc., re: #1 Complaint,. Document filed by Roselind Schwartz..(Schwartz, Arthur)
June 20, 2023 Filing 5 ELECTRONIC SUMMONS ISSUED as to Atria Senior Living, Inc.. (sj)
June 20, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Arthur Z Schwartz. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 230 (Rent Lease & Ejectment); Dollar Demand $1,000,000,000. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Dollar Demand has been modified to $1,000,000. (sj)
June 20, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Arthur Z Schwartz. The party information for the following party/parties has been modified: Roselind Schwartz, ATRIA SENIOR LIVING, INC., ATRIA NY OPERATING COMPANY, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (sj)
June 20, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Arthur Z Schwartz to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant's name must match exactly in docket entry as it does on pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
June 20, 2023 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..(sj)
June 20, 2023 Case Designated ECF. (sj)
June 20, 2023 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)
June 19, 2023 Filing 4 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Atria NY Operating Co., Inc, re: #1 Complaint. Document filed by Roselind Schwartz.(Schwartz, Arthur) Modified on 6/20/2023 (sj).
June 19, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Atria Senior Living, Inc., re: #1 Complaint,. Document filed by Roselind Schwartz..(Schwartz, Arthur)
June 19, 2023 Filing 2 CIVIL COVER SHEET filed..(Schwartz, Arthur)
June 19, 2023 Filing 1 COMPLAINT against ATRIA NY OPERATING COMPANY, INC., ATRIA SENIOR LIVING INC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27889576)Document filed by Roselind Schwartz. (Attachments: #1 Exhibit Ex. A. First Proposed Rate Lock Addendum, #2 Exhibit Ex. B. Room Change Addendum, #3 Exhibit Ex. C - Signed Rate Modification Agreement, #4 Exhibit Ex. D - Letter to Atria General Counsel).(Schwartz, Arthur)

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Defendant: ATRIA SENIOR LIVING INC
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Defendant: ATRIA NY OPERATING COMPANY, INC.
Represented By: Kelly Jones Howell
Represented By: Paulo Martins Coelho
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Defendant: Atria Senior Living, Inc.
Represented By: Kelly Jones Howell
Represented By: Paulo Martins Coelho
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Plaintiff: Roselind Schwartz
Represented By: Arthur Z Schwartz
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