Colavita v. Atria Management Corporation, LLC et al
| LYNNE A. COLAVITA pursuant to the Power of Attorney and as Guardian Ad Litem for JOAN HUTTON and Lynee A. Colavita |
| ATRIA MANAGEMENT CORPORATION, LLC d/b/a ATRIA SENIOR LIVING, ATRIA SENIOR LIVING, INC. and Atria Management Corporation, LLC doing business as Atria Senior Living |
| 7:2021cv05683 |
| June 30, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| P.I.: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
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Filing 19
STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys and/or the parties to the above entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued with prejudice as to defendants ATRIA MANAGEMENT CORPORATION, LLC d/b/a ATRIA SENIOR LIVING and ATRIA SENIOR LIVING, INC., without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/10/2021) (jca)
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| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Atria Management Corporation, LLC, Atria Senior Living, Inc...(Howell, Kelly) |
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Filing 17
ORDER: The Court has been advised that the parties have settled this case in principle. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than November 22, 2021. To be clear, any application to restore the action must be filed by November 22, 2021, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All scheduled conferences or other scheduled court appearances are cancelled. Any pending motions are moot. The Clerk is instructed to close this case. SO ORDERED. (Motions due by 11/22/2021.) (Signed by Judge Vincent L. Briccetti on 9/21/2021) (mml)
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| Filing 16 LETTER addressed to Judge Vincent L. Briccetti from Andre Major dated September 20, 2021 re: Settlement in Principle. Document filed by Atria Management Corporation, LLC, Atria Senior Living, Inc...(Major, Andre) |
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Filing 15
ORDER: Plaintiff filed a discovery document on the docket. (Doc. #14). The parties shall not file discovery documents unless in connection with a motion or application. See Federal Rules of Civil Procedure 5(d)(1); Local Civil Rule 5.1. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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| Filing 14 RULE 26 DISCLOSURE.Document filed by Lynee A. Colavita..(Gruenberg, Rachel) |
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Filing 13
ORDER: The initial conference scheduled for today is adjourned to 10/14/2021 at 10:30 a.m., to proceed by telephone. At the time of the scheduled conference, counsel shall use the following information to appear by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. If the parties wish to submit a revised proposed Civil Case Discovery Plan and Scheduling Plan, they must file it on the docket by 10/7/2021. If the parties settle this case prior to the 10/14/2021 conference, they shall promptly file a letter to advise the Court of the settlement. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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| Filing 12 FIRST LETTER addressed to Judge Vincent L. Briccetti from Rachel Gruenberg dated 9/2/21 re: Telephone Conference. Document filed by Lynee A. Colavita..(Gruenberg, Rachel) |
| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Atria Management Corporation, LLC..(Major, Andre) |
| Filing 10 NOTICE OF APPEARANCE by Rachel R. Gruenberg on behalf of Lynee A. Colavita..(Gruenberg, Rachel) |
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Filing 9
ORDER: By 8/26/2021, counsel shall complete and file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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| Filing 8 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR A TELEPHONIC INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 9-2-21 at 10:30a.m. All counsel and/or parties shall use the following information to appear at the conference by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. Initial Conference set for 9/2/2021 at 10:30 AM before Judge Vincent L. Briccetti. Telephone Conference set for 9/2/2021 at 10:30 AM before Judge Vincent L. Briccetti. (mml) |
| Filing 7 NOTICE OF APPEARANCE by Andre J. Major on behalf of Atria Management Corporation, LLC, Atria Senior Living, Inc...(Major, Andre) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ventas AOC Operating Holdings, Inc., Corporate Parent Ventas Inc. is a publicly held corporation which indirectly owns more than 10% of Defendants stock for Atria Management Corporation, LLC, Atria Senior Living, Inc.. Document filed by Atria Management Corporation, LLC, Atria Senior Living, Inc...(Major, Andre) |
| Filing 5 CIVIL COVER SHEET filed..(Major, Andre) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kelly Jones Howell. The party information for the following party/parties has been modified: ATRIA MANAGEMENT CORPORATION, LLC d/b/a ATRIA SENIOR LIVING, ATRIA SENIOR LIVING, INC, LYNNE A. COLAVITA pursuant to the Power of Attorney and as Guardian Ad Litem for JOAN HUTTON. 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 name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kelly Jones Howell to RE-FILE Document #2 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kelly Jones Howell to RE-FILE Document No. #1 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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 Andrew E. Krause 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) |
| Filing 4 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 56577/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-24740574).Document filed by ATRIA SENIOR LIVING, INC., ATRIA MANAGEMENT CORPORATION, LLC d/b/a ATRIA SENIOR LIVING..(Howell, Kelly) |
| Filing 3 ANSWER to Complaint (Notice of Removal) with JURY DEMAND. Document filed by ATRIA MANAGEMENT CORPORATION, LLC d/b/a ATRIA SENIOR LIVING, ATRIA SENIOR LIVING, INC...(Howell, Kelly) |
| Filing 2 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ventas AOC Operating Holdings, Inc. for ATRIA MANAGEMENT CORPORATION, LLC d/b/a ATRIA SENIOR LIVING, ATRIA SENIOR LIVING, INC.. Document filed by ATRIA MANAGEMENT CORPORATION, LLC d/b/a ATRIA SENIOR LIVING, ATRIA SENIOR LIVING, INC...(Howell, Kelly) Modified on 7/1/2021 (lb). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Howell, Kelly) Modified on 7/1/2021 (pc). |
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