Cola et al v. Westchester Institute for Human Development et al
| Jessica Cola, Nancy J Cola and Nicholas T Cola |
| Westchester Institute for Human Development, Westchester Medical Center Health Care Corporation d/b/a Westchester Medical Center, Dr. Anthony Alessi, DMD, Dr. Frank Weber, DDS, Dr. Christopher Niquette, Jr., DDS, Dr. Heather Zanon Fugazy, DDS, Dr. Nicholas Mueller, DDS, Dr. Kenneth Miller, DDS, Dr. Rosa Martinez-Rosenberg, The Institute for Family Health, Greystone Programs, Inc., Dr. Patricia Seagriff-Curtin, Dr. Audrey Ramsey, Dr. Peter Delisi and Dr. Sheldon Winik |
| Dr. Melanie Jackson |
| 7:2023cv04540 |
| May 31, 2023 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 U.S. Defendant |
| Both |
Docket Report
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This docket was last retrieved on June 29, 2023. 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 Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1007 767 7 on 6/29/2023. (ate) |
Filing 21
STIPULATION AND ORDER OF DISMISSAL: 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: 1. The United States is hereby substituted as defendant in place of The Institute for Family Health, Inc. 2. Plaintiffs dismiss their action against the United States without prejudice. 3. Greystone dismisses the Cross-Claims against the United States without prejudice. 4. Plaintiff and the remaining defendants stipulate to remand this case to the Supreme Court of the State of New York, County of Westchester. 5. This Stipulation and Order of Discontinuance (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. 6. The undersigned parties understand and agree that this 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. 7. This action is hereby remanded to the Supreme Court of the State of New York, County of Westchester. The parties' stipulation of dismissal in this instant action, 23-cv-4540, is So-Ordered. The Clerk of the Court is kindly directed to terminate the action. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/28/2023) (ate) Transmission to Docket Assistant Clerk for processing.
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Jessica Cola, Nancy J Cola, Nicholas T Cola..(Smith, Stephen) |
| Filing 19 NOTICE OF APPEARANCE by Stephen M. Smith on behalf of Jessica Cola, Nancy J Cola, Nicholas T Cola..(Smith, Stephen) |
| Filing 18 NOTICE OF APPEARANCE by Ari Oronzo Lessa on behalf of Dr. Peter Delisi..(Lessa, Ari) |
| Filing 17 NOTICE OF APPEARANCE by Brian Preston Heermance on behalf of Dr. Patricia Seagriff-Curtin..(Heermance, Brian) |
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Filing 16
MEMO ENDORSEMENT on re: #13 Proposed Stipulation and Order filed by The Institute for Family Health. ENDORSEMENT: The Court notes that the instant purported "Stipulation and Order of Dismissal" is only signed by counsel to Plaintiffs, counsel for Defendant Greystone, Programs, Inc., and counsel for Defendant United States of America. The instant document does not contain the signatures of Defendants Dr. Patricia Seagriff-Curtin and Dr. Melanie Jackson, even though they have appeared in this action, through their counsel. The Court also notes that Plaintiffs' counsel has not entered an appearance. The Court DIRECTS Cusano Smith PLLC to properly enter an appearance on the docket. The Court also DIRECTS the parties who are signatories to this instant "Stipulation and Order of Dismissal" to specify whether they have obtained the consent of Defendants Dr. Patricia Seagriff-Curtin and Dr. Melanie Jackson to have this case remanded to state court, and if so, to provide an amended stipulation containing their signatures. The parties are directed to do so by June 27, 2023. The Court RESERVES DECISION on the purported stipulated-to requests made herein until the parties satisfy the above. (Signed by Judge Nelson Stephen Roman on 6/20/2023) (ate)
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| Filing 15 NOTICE OF APPEARANCE by Joseph Karlya, III on behalf of Dr. Patricia Seagriff-Curtin. (Attachments: #1 Exhibit State Court Answer).(Karlya, Joseph) |
| Filing 14 NOTICE OF APPEARANCE by Joseph Karlya, III on behalf of Dr. Patricia Seagriff-Curtin..(Karlya, Joseph) |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by The Institute for Family Health..(Cowart, Brandon) |
| Filing 12 NOTICE OF APPEARANCE by Robyn Stacey Goldfarb on behalf of Dr. Melanie Jackson..(Goldfarb, Robyn) |
| Filing 11 DEMAND for Trial by Jury. Document filed by Dr. Melanie Jackson.(Kanter, Brett) |
| Filing 10 COUNTERCLAIM against Greystone Programs, Inc..Document filed by Dr. Melanie Jackson..(Kanter, Brett) |
| Filing 9 ANSWER to Complaint. Document filed by Dr. Melanie Jackson..(Kanter, Brett) |
| Filing 8 ANSWER to Complaint. Document filed by Dr. Melanie Jackson..(Kanter, Brett) |
| Filing 7 NOTICE OF APPEARANCE by Brett Kanter on behalf of Dr. Melanie Jackson..(Kanter, Brett) |
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Filing 6
ORDER granting #3 Letter Motion for Extension of Time to Answer re #3 LETTER MOTION for Extension of Time to File Answer addressed to Judge Nelson Stephen Roman from Brandon Cowart dated June 2, 2023., #1 Notice of Removal. The Court grants Health Center's request to respond to the complaint and cross-claims on or before July 10, 2023. The Clerk of the Court is directed to terminate the motion at ECF No. 3. The Institute for Family Health answer due 7/10/2023. (Signed by Judge Nelson Stephen Roman on 6/5/2023) (ate)
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| Filing 5 NOTICE OF APPEARANCE by Matthew James Van Dusen on behalf of Greystone Programs, Inc...(Van Dusen, Matthew) |
| Filing 4 NOTICE OF APPEARANCE by Carl M. Perri, Jr on behalf of Greystone Programs, Inc...(Perri, Carl) |
| Filing 3 LETTER MOTION for Extension of Time to File Answer addressed to Judge Nelson Stephen Roman from Brandon Cowart dated June 2, 2023. Document filed by The Institute for Family Health..(Cowart, Brandon) |
| 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brandon Herbert Cowart re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brandon Herbert Cowart. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; County code Westchester;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the County code has been modified to New York;. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 58492/2021..Document filed by The Institute for Family Health. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Certification)).(Cowart, Brandon) |
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