Morris v. DeLuca, M.D. et al
| Betty Morris |
| Joseph DeLuca, M.D., Nicola Robinson, N.P., Shilpa Mehra, M.D., C. Arthur Abelow, M.D., Ronald Dudek, M.D., New York GI Center, LLC, New York Associates in Gastroenterology, Montefiore Medical Center and Arthur C. Abelow, M.D. |
| 1:2023cv07229 |
| August 15, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 U.S. Defendant |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 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 Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1007 803 2 on 10/12/2023..(jca) |
Filing 15
ORDER Accordingly, the complaint is hereby REMANDED to the Supreme Court of the State of New York, County of Bronx without prejudice for lack of subject matter jurisdiction. Any pending motions are moot and any conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/11/2023) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing 14
ORDER: The Court thanks the parties for the submission of the proposed Case Management Plan. In light of the Stipulation and Order of Dismissal, ECF No. 12, it appears that the Court no longer has subject-matter jurisdiction. As such, the initial pretrial conference scheduled for September 28, 2023 is adjourned sine die. The parties are instead directed to submit a letter pursuant to the Court's individual rules by October 6, 2023 regarding whether the Court has subject-matter jurisdiction. If the parties agree that there is no subject matter jurisdiction or if the parties do not file anything by the deadline, the Court will remand the case for lack of subject-matter jurisdiction without further notice to the parties. Defendants are directed to serve on Plaintiff a copy of this Order within two business days of this Order. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/27/2023) (tg)
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| Filing 13 PROPOSED CASE MANAGEMENT PLAN. Document filed by Betty Morris..(Margolis, Jay) |
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ORDER in re: #3 Order for Initial Pretrial Conference, counsel for the parties shall appear for a remote video conference on September 28, 2023 at 3:00 p.m. Counsel will receive Microsoft Teams log-in credentials at the email addresses listed on the docket. The public listen-only line may be accessed by dialing: 646-453-4442 | Access Code: 236837544#. (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (Clarke, Jessica)
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Filing 12
STIPULATION AND ORDER OF DISMISSAL: 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: 1. The United States is hereby substituted as defendant in place of DeLuca, Robinson and Dudek. 2. Plaintiff's claims against the United States are dismissed without prejudice. 3. This Stipulation and Order of Dismissal (the "Stipulation and Order") may be executed in counterparts; a reproduced signature shall have the same force and effect as an original signature; and a facsimile or electronic copy of the Stipulation and Order shall have the same force and effect as an original. 4. The undersigned parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements or negotiations, oral or otherwise, between the undersigned parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/25/2023) (tg)
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ORDER Due to the holiday, the deadline parties for the parties to file the joint letter and proposed case management plan is EXTENDED to September 26, 2023. (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (Clarke, Jessica)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Joseph DeLuca, M.D., Ronald Dudek, M.D., Nicola Robinson, N.P...(Cowart, Brandon) |
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ORDER in re: #3 Order for Initial Pretrial Conference dated August 17, 2023, required the parties to file a joint letter and proposed case management plan by September 21, 2023. The parties failed to timely submit the joint letter and proposed case management plan. IT IS HEREBY ORDERED that the parties file the joint letter and proposed case management plan as soon as possible and no later than September 25, 2023. (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (Clarke, Jessica)
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| Filing 10 NOTICE OF APPEARANCE by Emma Beth Glazer on behalf of Arthur C. Abelow, M.D., Shilpa Mehra, M.D., Montefiore Medical Center..(Glazer, Emma) |
| Filing 9 CERTIFICATE OF SERVICE of Order for Initial Pretrial Conference served on All Parties on September 19, 2023. Service was made by Mail. Document filed by Joseph DeLuca, M.D., Ronald Dudek, M.D., Nicola Robinson, N.P...(Cowart, Brandon) |
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ORDER in re: #3 Order for Initial Pretrial Conference, Counsel who have entered a notice of appearance as of the issuance of the Notice of Initial Pretrial Conference are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of the Notice of Initial Pretrial Conference and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. All parties are required to register promptly as filing users on ECF. (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (Clarke, Jessica)
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| Filing 8 NOTICE OF APPEARANCE by Kathleen Gallo on behalf of New York GI Center, LLC..(Gallo, Kathleen) |
| Filing 7 NOTICE OF APPEARANCE by Vincent Leonard Gallo, Jr on behalf of New York GI Center, LLC..(Gallo, Vincent) |
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Jessica G. L. Clarke from Brandon Cowart dated August 18, 2023., #1 Notice of Removal,. Application GRANTED. Defendants Joseph DeLuca, M.D., Nicola Robinson, M.D. and Ronald Dudek, M.D. shall answer or otherwise respond to the Complaint by September 22, 2023. The Clerk of Court is respectfully directed to terminate ECF No. 5. SO ORDERED. Joseph DeLuca, M.D. answer due 9/22/2023; Ronald Dudek, M.D. answer due 9/22/2023; Nicola Robinson, N.P. answer due 9/22/2023. (Signed by Judge Jessica G. L. Clarke on 8/21/2023) (tg)
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| Filing 5 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Jessica G. L. Clarke from Brandon Cowart dated August 18, 2023. Document filed by Joseph DeLuca, M.D., Ronald Dudek, M.D., Nicola Robinson, N.P...(Cowart, Brandon) |
| Filing 4 CERTIFICATE OF SERVICE of Notice of Removal served on All Parties on August 18, 2023. Service was made by Mail. Document filed by Joseph DeLuca, M.D., Ronald Dudek, M.D., Nicola Robinson, N.P...(Cowart, Brandon) |
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Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/28/2023 at 03:00 PM before Judge Jessica G. L. Clarke. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/17/2023) (jca)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brandon Herbert Cowart. The party information for the following party/parties has been modified: C. Arthur Abelow. M.D.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brandon Herbert Cowart. The following case opening statistical information was erroneously selected/entered: Fee Status code wv (waived). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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) |
| Case Designated ECF. (sj) |
| Magistrate Judge Robert W. Lehrburger 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..(Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 800247/2022E. (Filing Fee $ 402.00).Document filed by Ronald Dudek, M.D., Nicola Robinson, N.P., Joseph DeLuca, M.D.. (Attachments: #1 Exhibit A (State Complaint), #2 Exhibit B (Employment Certification)).(Cowart, Brandon) |
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