Martinez v. Open Door Family Medical Center, Inc. et al
| Guillermo Martinez |
| Joseph John Tartaglia, M.D., P.C., Yazhou Zhang, D.D.S., Open Door Family Medical Center, Inc., John Joseph Tartaglia, M.D., P.C., Naida Henriquez, D.M.D., Jonathon A. Herbst, M.D., Joseph J. Tartaglia, M.D. and John Joseph Tartaglia, M.D. |
| 7:2020cv08118 |
| September 30, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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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 New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E533710050561 on 11/9/2020..(ks) |
Filing 5
STIPULATION AND ORDER OF DISCONTINUANCE WITHOUT PREJUDICE: 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: 2. prejudice. The United States is substituted as defendant in place of the Federal Defendants. Plaintiff's claims against the United States in this action are dismissed without 3. This action is hereby remanded to the Supreme Court of the State of New York, County of New York, as there is no longer federal subject matter jurisdiction due to the dismissal of the Federal Defendants. 4. 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. 5. The undersigned parties understand and agree that the 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 Philip M. Halpern on 11/6/2020) (ks) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by Guillermo Martinez..(Coscia, Christine) |
| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge Judith C. McCarthy 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. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 7:19-cv-04007-PMH. Notice of Assignment to follow. (wb) |
| CASE REFERRED TO Judge Philip M. Halpern as possibly related to :19-cv-4007 (PMH). (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-CV-4007 (PMH). Document filed by Naida Henriquez, D.M.D., Open Door Family Medical Center, Inc...(Cowart, Brandon) |
| Filing 2 CIVIL COVER SHEET filed..(Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 805267/2018..Document filed by Naida Henriquez, D.M.D., Open Door Family Medical Center, Inc.. (Attachments: #1 Exhibit A (State Court Complaint), #2 Exhibit B (Employment Certification)).(Cowart, Brandon) |
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