Mitchell et al v. Parkview Operating Co. LLC et al
| Gerald Mitchell and Sharon Mitchell |
| Parkview Operating Co. LLC, Westchester Center for Rehabilitation and Nursing, Parkview Operating Co. LLC doing business as Westchester Center for Rehabilitation & Nursing, ABC Corporation and ABC Partnership |
| 7:2022cv02357 |
| March 23, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 mm Fed. Question: Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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Filing 9
ORDER granting #8 Letter Motion to Stay re: #8 LETTER MOTION to Stay and Hold in Abeyance Motion Practice addressed to Judge Nelson Stephen Roman from Joseph Ciaccio, Esq. dated 4/22/2022. The Court GRANTS the application and STAYS this action pending the 2d Cir.'s resolution of Rivera-Zayas v. Our Lady of Consolation (No. 21-2164) and Leroy v. Hume (Nos. 21-2158, 21-2159). The parties SHALL file a written status report within one week of the issuance of a decision in either of those cases. The Clerk of the Court is directed to terminate the motion at ECF No. 8. (Signed by Judge Nelson Stephen Roman on 4/25/2022) (ate)
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| Filing 8 LETTER MOTION to Stay and Hold in Abeyance Motion Practice addressed to Judge Nelson Stephen Roman from Joseph Ciaccio, Esq. dated 4/22/2022. Document filed by Gerald Mitchell, Sharon Mitchell..(Ciaccio, Joseph) |
| Filing 7 NOTICE OF APPEARANCE by Joseph Leonard Ciaccio on behalf of Gerald Mitchell, Sharon Mitchell..(Ciaccio, Joseph) |
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Filing 6
ORDER granting #5 Letter Motion for Conference re: #5 FIRST LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Nelson Stephen Roman from Megan A. Lawless dated 3/30/22. The Court waives the pre-motion conference requirement and grants Defendant leave to file its motion pursuant to the following briefing schedule: Def.'s moving papers are to be served (not filed) on May 6, 2022; Pls.' opposition papers are to be served (not filed) on June 7, 2022; and Def.'s reply papers are to be served on June 20, 2022. All motion papers are to be filed by the parties on the reply date, June 20, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules.. (Signed by Judge Nelson Stephen Roman on 4/6/2022) (ate)
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| Set/Reset Deadlines: Motions due by 6/20/2022. (ate) |
| Filing 5 FIRST LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Nelson Stephen Roman from Megan A. Lawless dated 3/30/22. Document filed by Parkview Operating Co. LLC, Westchester Center for Rehabilitation and Nursing..(Lawless, Megan) |
| Filing 4 NOTICE OF APPEARANCE by Megan Alice Lawless on behalf of Parkview Operating Co. LLC, Westchester Center for Rehabilitation and Nursing..(Lawless, Megan) |
| Filing 3 CIVIL COVER SHEET filed..(Braverman, Dylan) |
| ADD PARTY FOR PLEADING. Defendants/Respondents ABC Corporation, ABC Partnership added. Party added pursuant to #2 Notice of Removal,,,.Document filed by Parkview Operating Co. LLC, Westchester Center for Rehabilitation and Nursing. Related document: #2 Notice of Removal,,,..(Braverman, Dylan) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dylan C. Braverman re: Document No. #2 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading( ABC Corporation; ABC Partnership) were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dylan C. Braverman. The party information for the following party/parties has been modified: Gerald Mitchell, Sharon Mitchell, Parkview Operating Co. LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dylan C. Braverman. The party information for the following party/parties has been modified: Parkview Operating Co. LLC, Westchester Center for Rehabilitation and Nursing. The information for the party/parties has been modified for the following reason/reasons: a corporate parent or affiliate was entered for a party without filing a Rule 7.1 Corporate Disclosure Statement. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Dylan C. Braverman to RE-FILE Document No. #1 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Civil Cover Sheet is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| 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. (vf) |
| 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dylan C. Braverman. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to Westchester; the Fee Status code has been modified to pd (paid). (vf) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 56825/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25903054).Document filed by Parkview Operating Co. LLC, Westchester Center for Rehabilitation and Nursing. (Attachments: #1 Exhibit Ex.A - S&C, #2 Exhibit Ex.B - AOS, #3 Exhibit Ex.C - Martinez - Rivera - Brief for Defendants-Appellants, #4 Exhibit Ex.D - Leroy - Brief obo Brookdale Hospital Defendants, #5 Exhibit Ex.E - Leroy - Brief obo Mt. Sinai Hospital Defendants, #6 Exhibit Ex.F - Amicus Briefs pending before the Second Circuit, #7 Exhibit Ex.G - Chamber of Commerce AMA Amicus Brief., #8 Exhibit Ex.H - Motion to File Amicus Curiae Brief & Proposed Amicus Brief., #9 Exhibit Ex.I - US Statement of Interest (M.D. Tenn) Centeno.).(Braverman, Dylan) |
| Filing 1 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Braverman, Dylan) Modified on 3/24/2022 (vf). |
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