Horton v. Bronx Harbor Health Care Complex, Inc. et al
| ANDRE HORTON and VIRGINIA HORTON |
| BRONX HARBOR HEALTH CARE COMPLEX, INC. doing business as KINGS HARBOR MULTICARE CENTER, 1-20 ABC Corporation, ABC Partnership and ABC Corporation |
| 1:2022cv06763 |
| August 9, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 mm Fed. Question: Medical Malpractice |
| Defendant |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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Filing 9
ORDER: On April 13, 2022, Andre Horton brought this action in the Supreme Court of the State of New York, County of Bronx, alleging that the negligence of Bronx Harbor Health Care Complex, Inc. ("Bronx Harbor") in safeguarding against the spread of COVID-19 resulted in the death of his mother, Virginia Horton. Bronx Harbor removed the case to this Court on August 9, 2022. Doc. 1. For the reasons set forth during the pre-motion conference held on September 20, 2022, this case is stayed pending the Second Circuit's resolution of Leroy v. Hume, Nos. 21-2158, 21-2159 (cons.), and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, No. 21-2164. The parties are instructed to file a joint status report within 48 hours of the Second Circuits decision on those appeals. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 9/20/2022) (ama)
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| Case Stayed (ama) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 9/20/2022 by telephone. Plaintiff's and Defendant's counsel present. For the reasons stated on the record, the case is stayed. (jar) |
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Filing 8
ORDER granting #3 Letter Motion for Conference. Upon review of the parties' letters, a pre-motion conference will be held on September 20, 2022 at 3:30 p.m. by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 7 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Joseph L. Ciaccio dated 8/21/2022 re: #3 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Dylan Braverman, Esq. dated August 16, 2022. . Document filed by Andre Horton. (Attachments: #1 Exhibit A - Shapnik Decision, #2 Exhibit B - Memo & Order Remanding Case - Rivera v Eastchester, #3 Exhibit C - Judge Seibel Order, #4 Exhibit D - Leroy Order, #5 Exhibit E - Rivera-Zayas Order).(Ciaccio, Joseph) |
| Filing 6 NOTICE OF APPEARANCE by Joseph Ciaccio on behalf of Andre Horton..(Ciaccio, Joseph) |
| Filing 5 NOTICE OF APPEARANCE by Megan Alice Lawless on behalf of Bronx Harbor Health Care Complex, Inc...(Lawless, Megan) |
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Filing 4
ORDER entered #3 Motion for Conference. Plaintiff is directed to respond by August 22, 2022. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Filing 3 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Dylan Braverman, Esq. dated August 16, 2022. Document filed by Bronx Harbor Health Care Complex, Inc...(Braverman, Dylan) |
| Magistrate Judge Ona T. Wang 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Philip M. Halpern is no longer assigned to the case. (laq) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Dylan C. Braverman. The following party/parties has been removed from this case: VIRGINIA HORTON. The party was added to the case in error. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dylan C. Braverman. The party information for the following party/parties has been modified: ANDRE HORTON, BRONX HARBOR HEALTH CARE COMPLEX, INC. d/b/a KINGS HARBOR MULTICARE CENTER. 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 entered in all caps. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Braverman, Dylan) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 805805/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26522680).Document filed by BRONX HARBOR HEALTH CARE COMPLEX, INC.. (Attachments: #1 Exhibit Ex.A - S&C.pdf, #2 Exhibit Ex.B - AOS of S&C.pdf, #3 Exhibit Ex.C - Martinez - Rivera - Brief for Defendants-Appellants...pdf, #4 Exhibit Ex.D - Leroy - Brief obo Brookdale Hospital Defendants.pdf, #5 Exhibit Ex.E- Leroy - Brief obo Mt. Sinai Hospital Defendants.pdf, #6 Exhibit Ex.F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume.pdf, #7 Exhibit Ex.G - Martinez Brief obo Pltf-Appellee.pdf, #8 Exhibit Ex.H - Leroy - Reply Brief obo Defendants..pdf, #9 Exhibit Ex.I - Leroy Reply Brief obo Co-Def.pdf, #10 Exhibit Ex.J - Rivera-Zayas - Reply Brief.pdf, #11 Exhibit Ex.K - Amicus Briefs pending before the Second Circuit.pdf, #12 Exhibit Ex.L- Chamber of Commerce AMA Amicus Brief.pdf, #13 Exhibit Ex.M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief.pdf, #14 Exhibit Ex.N - US Statement of Interest (M.D. Tenn) Centeno.).(Braverman, Dylan) |
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