Tasseff v. Kwakye-Berko, M.D. et al
| Michelle A. Tasseff |
| WNY Medical, P.C., Alfredo Rodes, M.D., Northwest Buffalo Community Health Center, Neighborhood Health Center, Christopher Biondolillo, M.D., Danielle Kwakye-Berko, M.D. and United States of America |
| 1:2021cv00732 |
| June 14, 2021 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| John L Sinatra |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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| Filing 10 TEXT ORDER re #9 Stipulation: As agreed upon by the parties in the Stipulation dated July 21, 2021, (1) the United States is hereby substituted as the proper defendant in place of Christopher Biondolillo, M.D., Neighborhood Health Center and Northwest Buffalo Community Health Center, with respect to the claims alleged against them in the Complaint; (2) all claims against the United States are dismissed without prejudice; and (3) this case is remanded to New York State Supreme Court for further proceedings. The Clerk of Court is directed to effectuate the substitution and remand forthwith. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/26/2021. (PTM)-CLERK TO FOLLOW UP- |
| Filing 9 STIPULATION by Christopher Biondolillo, M.D., Neighborhood Health Center, Northwest Buffalo Community Health Center. (Roach, Mary) |
| Filing 8 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Status Conference held on 6/29/2021. Removal and/or remand discussed and statute of limitations issues. Plaintiff agrees to either voluntarily dismiss the case or proceed to file a response to Government's motion. Appearances: Pltf-Patrick Maloney, Esq. / Dft Berko-Melissa Zittel, Esq. / Dft Biondolillo-AUSA Molly Roach. (Court Reporter AT&T Teleconference Service.) (SDW) |
| Filing 7 TEXT ORDER. Status TeleConference set for 6/29/2021 03:00 PM before Hon. Leslie G. Foschio. Issued by Hon. Leslie G. Foschio on 6/22/2021. (SDW)(Teleconference participant instructions emailed to counsel 6/22/2021) |
| Filing 6 TEXT ORDER re #2 MOTION to Substitute Party MOTION to Dismiss for Lack of Jurisdiction filed by Northwest Buffalo Community Health Center, Neighborhood Health Center, Christopher Biondolillo, M.D. Responses due by 7/19/2021. Replies due by 8/2/2021. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 6/18/2021. (SDW) |
| Filing 5 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/16/2021. (KLH) |
| Filing 4 MEMORANDUM IN SUPPORT re #2 MOTION to Substitute Party MOTION to Dismiss for Lack of Jurisdiction byChristopher Biondolillo, M.D., Neighborhood Health Center, Northwest Buffalo Community Health Center. (Roach, Mary) |
| Filing 3 AFFIDAVIT re #2 MOTION to Substitute Party MOTION to Dismiss for Lack of Jurisdiction by Christopher Biondolillo, M.D., Neighborhood Health Center, Northwest Buffalo Community Health Center. (Attachments: #1 Exhibit A-D)(Roach, Mary) |
| Filing 2 MOTION to Substitute Party , MOTION to Dismiss for Lack of Jurisdiction by Christopher Biondolillo, M.D., Neighborhood Health Center, Northwest Buffalo Community Health Center.(Roach, Mary) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 1 NOTICE OF REMOVAL by Neighborhood Health Center, Northwest Buffalo Community Health Center, Christopher Biondolillo, M.D. from Supreme Court, case number 802204/2021., filed by Neighborhood Health Center, Northwest Buffalo Community Health Center, Christopher Biondolillo, M.D.. (Attachments: #1 Civil Cover Sheet)(Roach, Mary) |
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