Novick v. Atria Senior Living et al
| Shari Novick, as Attorney in fact for Jean Metcalf and Shari Novick |
| Atria Senior Living and Methodist Home For Nursing and Rehabilitation |
| 1:2021cv08702 |
| October 22, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 nr |
| Both |
Docket Report
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Filing 17
ORDER REGARDING REMAND granting #10 Motion to Remand to State Court. Upon consideration of the Joint Letter Regarding Remand filed by the parties, the Court hereby orders that this lawsuit is remanded to the Supreme Court of the State New York, Bronx County, with the parties to bear their own attorneys' fees and costs. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/3/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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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 1005 435 2 on 12/3/2021. (jca) |
| Filing 16 PROPOSED ORDER. Document filed by Atria Senior Living. Related Document Number: #15 ..(Major, Andre) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 15 LETTER addressed to Judge Lorna G. Schofield from Andre J. Major dated 12/2/2021 re: Agreement to Remand. Document filed by Atria Senior Living..(Major, Andre) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Atria Senior Living. (Attachments: #1 Text of Proposed Order re Remand on Consent).(Howell, Kelly) Proposed Order to be reviewed by Clerk's Office staff. Modified on 12/2/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Kelly Howell to RE-FILE Document No. #14 Proposed Order. The filing is deficient for the following reason(s): The documents need to be filed separately. Re-file the Order using the event type Proposed Order found under the event list Proposed Orders. The letter is filed under Other Filings, Other Documents, Letter. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (km) |
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Filing 13
ORDER denying #12 Letter Motion for Extension of Time to File Response/Reply re #12 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #11 Declaration in Support of Motion, #10 FIRST MOTION to Remand to State Court . addressed to Judge Nelson Stephen Roman from Daniel Rubin dated 11/24/21. Application DENIED because Plaintiff's motion to remand raises serious questions about whether subject matter jurisdiction exists. Defendant Atria Senior Living shall file a response to the motion to remand by December 6, 2021. Defendant Atria shall unequivocally state whether the citizenship of Defendant Methodist Home for Nursing and Rehabilitation is in dispute.. (Signed by Judge Lorna G. Schofield on 11/30/2021) (kv)
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| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Nelson Stephen Roman is no longer assigned to the case. (aea) |
| Set/Reset Deadlines: Responses due by 12/6/2021 (kv) |
| Magistrate Judge Katharine H. Parker 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. (aea) |
| Filing 12 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #11 Declaration in Support of Motion, #10 FIRST MOTION to Remand to State Court . addressed to Judge Nelson Stephen Roman from Daniel Rubin dated 11/24/21. Document filed by Shari Novick..(Rubin, Daniel) |
| Filing 11 DECLARATION of Perry D. Silver in Support re: #10 FIRST MOTION to Remand to State Court .. Document filed by Shari Novick. (Attachments: #1 Exhibit Defendant's Notice of Removal, #2 Exhibit Summons and Complaint, #3 Exhibit Dept. of State - Div. of Corp - Methodist Church, #4 Exhibit Affidavits of Service, #5 Exhibit Defendant Atria Answer).(Silver, Perry) |
| Filing 10 FIRST MOTION to Remand to State Court . Document filed by Shari Novick..(Silver, Perry) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Perry D. Silver to RE-FILE Document #9 FIRST MOTION to Remand . ERROR(S): Supporting documents are filed separately, each receiving their own document #. First refile Motion, then file and link any supporting documents. (db) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Remand . Document filed by Shari Novick. (Attachments: #1 Exhibit 1 - Defendant's Notice of Removal, #2 Exhibit 2- Summons and Complaint, #3 Exhibit 3- Dept. of State - Corp Info Methodist Church, #4 Exhibit 4 - Affidavits of Service, #5 Exhibit 5 - Defendant Atria Answer).(Silver, Perry) Modified on 11/22/2021 (db). |
| Filing 8 NOTICE OF APPEARANCE by Andre J. Major on behalf of Atria Senior Living..(Major, Andre) |
| Filing 7 DEMAND for Trial by Jury. Document filed by Shari Novick.(Rubin, Daniel) |
| Filing 6 NOTICE OF APPEARANCE by Daniel Benjamin Rubin on behalf of Shari Novick..(Rubin, Daniel) |
| Filing 5 NOTICE OF APPEARANCE by Perry D. Silver on behalf of Shari Novick..(Silver, Perry) |
| Filing 4 ANSWER to Complaint (Notice of Removal) with JURY DEMAND. Document filed by Atria Senior Living..(Howell, Kelly) |
| Filing 3 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 Senior Living. Document filed by Atria Senior Living..(Howell, Kelly) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kelly Jones Howell. The party information for the following party/parties has been modified: Shari Novick. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(gp) |
| Case Designated ECF. (gp) |
| 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. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Howell, Kelly) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 814043/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25235232).Document filed by Atria Senior Living. (Attachments: #1 Declaration of Kelly Jones Howell, #2 Exhibit A-Declaration of Kelly Jones Howell, #3 Exhibit B-Summons and Complaint, #4 Exhibit C-Notice of E-Filing of Notice of Removal).(Howell, Kelly) |
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