Machado et. al. v. Hershey Entertainment and Resorts Company et. al.
| Linda Machado and Fabio Machado |
| Hershey Entertainment and Resorts Company and Penn State Health - William H. Hershey Medical Center |
| 1:2023cv00309 |
| February 22, 2023 |
| US District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| P.I.: Other |
| Defendant |
Docket Report
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| Filing 44 CASE MANAGEMENT PLAN by Linda Machado. (Adragna, Joseph) |
| Filing 43 NOTICE of Voluntary Dismissal by Penn State Health - William H. Hershey Medical Center (Stepanian, Jonathan) |
| DOCKET ANNOTATION: Defendant Penn State William H. Hershey Medical Center dismissed pursuant to stipulation #43 of dismissal. (mw) |
Filing 42
ORDER - it is hereby ORDERED that plaintiffs shall file a brief in opposition to the motion (Doc. 39) to dismiss on or before Friday, April 21, 2023, or the court will deem the motion unopposed. Signed by Honorable Christopher C. Conner on 4/14/2023. (mw)
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Filing 41
SCHEDULING ORDER - Case Management Conference set for 4/27/2023 at 02:30 PM before Honorable Christopher C. Conner. At least five days before the conference,counsel shall file their joint case management plan with the court. Signed by Honorable Christopher C. Conner on 4/5/2023. (Attachments: #1 Term. Calendar)(mw)
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| Filing 40 BRIEF IN SUPPORT re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Penn State Health - William H. Hershey Medical Center. (Attachments: #1 Appendix of Unpublished Opinions)(Stepanian, Jonathan) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Penn State Health - William H. Hershey Medical Center. (Attachments: #1 Proposed Order)(Stepanian, Jonathan) |
| Filing 38 VERBAL ORDER - it is hereby ORDERED that the case management conference scheduled for today's date is CANCELLED and will be rescheduled by further order of the court. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) Signed by Honorable Christopher C. Conner on 3/23/2023. (mw) |
| Filing 37 NOTICE Delinquincy , filed by Linda Machado.(Adragna, Joseph) |
| Filing 36 NOTICE of Appearance by Asahel D. Church on behalf of Penn State Health - William H. Hershey Medical Center (Church, Asahel) |
| Filing 35 SPECIAL ADMISSIONS FORM APPROVED as to Harold G. Rosengarten. Signed by Honorable Christopher C. Conner on 3/20/2023. (mw) |
| Filing 34 CASE MANAGEMENT PLAN by Hershey Entertainment and Resorts Company, Penn State Health - William H. Hershey Medical Center. (Stepanian, Jonathan) |
| Filing 33 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Harold Rosengarten on behalf of Hershey Entertainment and Resorts Company Attorney Harold G. Rosengarten is seeking special admission. Filing fee $ 50, receipt number APAMDC-6231095.. (Rosengarten, Harold) |
| DOCKET ANNOTATION: Bar status for Mr. Rosengarten and associate counsel verified. (ll) |
| Filing 32 ANSWER to Complaint by Penn State Health - William H. Hershey Medical Center.(Stepanian, Jonathan) |
| Filing 31 Corporate Disclosure Statement by Penn State Health - William H. Hershey Medical Center identifying Corporate Parent Penn State Health for Penn State Health - William H. Hershey Medical Center.. (Stepanian, Jonathan) |
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Filing 30
SCHEDULING ORDER - Case Management Conference set for 3/23/2023 at 10:00 AM before Honorable Christopher C. Conner. At least five days before the conference,counsel shall file their joint case management plan with the court. Signed by Honorable Christopher C. Conner on 3/1/2023. (Attachments: #1 Term. Calendar)(mw)
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| Filing 29 VERBAL ORDER - It is ORDERED that the motion #28 is GRANTED and defendant Penn State Health Milton S. Hershey Medical Center shall have until March 15, 2023, to answer or otherwise respond to the complaint. Signed by Honorable Christopher C. Conner on 2/24/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| Filing 28 Unopposed MOTION for Extension of Time to Answer by Penn State Health - William H. Hershey Medical Center. (Attachments: #1 Proposed Order)(Stepanian, Jonathan) |
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Filing 27
ORDER re Case Assignment and Procedures. Signed by Honorable Christopher C. Conner on 2/23/2023. (mw)
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| Filing 26 NOTICE by Penn State Health - William H. Hershey Medical Center of Intention to Move for Dismissal of Medical Negligence Claims for Failure to File a Certificate of Merit (Stepanian, Jonathan) |
| Filing 25 Case transferred electronically in from District of New York Eastern; Case Number 2:21-cv-06434 containing electronic documents. |
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Filing 24
ORDER: Before the Court are motions filed by Defendants Hershey Entertainment and Resorts ("HERC") and Penn State Health Milton S. Hershey Medical Center (the "Medical Center" and together with HERC, "Defendants") that seek dismissal for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."), or in the alternative, to transfer venue pursuant to 28 U.S.C. 1404(a). (ECF Nos. #22 & #23 (Defendants' Motions)). For the foregoing reasons (SEE ATTACHED ORDER for details), the Court finds that it cannot exercise personal jurisdiction over the Defendants. The Court grants Defendants' motions for transfer of venue and transfers this action to the Middle District of Pennsylvania. So Ordered by Judge Joan M. Azrack on 2/13/2023. (LC) [Transferred from New York Eastern on 2/22/2023.]
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| Filing 23 Fully Briefed MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12 (b)(2) by Hershey Entertainment and Resorts Company. (Attachments: #1 Declaration HE&R's Declaration by Harold G. Rosengarten, #2 Declaration HE&R's Declaration by William Hendrix, #3 Memorandum in Support HE&R's Memorandum of Law in Support of Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12 (b)(2), #4 Affidavit in Opposition Plaintiffs Affirmation in Opposition, #5 Memorandum in Support HE&R's Reply Memorandum of Law in Support of Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12 (b)(2)) (Rosengarten, Harold) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 22 Fully Briefed MOTION to Dismiss for Lack of Jurisdiction by Penn State Health - William H. Hershey Medical Center. (Attachments: #1 Affidavit in Support Declaration of Jody Reyes in Support of Motion to Dismiss, #2 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss, #3 Proposed Order, #4 Memorandum in Opposition Plaintiff's Affirmation in Opposition to Motion to Dismiss, #5 Memorandum in Support Reply Memorandum in Support of Motion to Dismiss) (Stepanian, Jonathan) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 21 Certificate of Service for opposition to motion to dismiss with exhibits by Linda Machado. (Adragna, Joseph) Modified docket entry text on 6/28/2022 (Florio, Lisa). [Transferred from New York Eastern on 2/22/2023.] |
| Filing 20 First MOTION to Dismiss OPPOSITION by Linda Machado. (Adragna, Joseph) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 19 NOTICE of Appearance by Mitchell S Cohen on behalf of Hershey Entertainment and Resorts Company (aty to be noticed) (Cohen, Mitchell) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 18 NOTICE of Appearance by Harold G. Rosengarten on behalf of Hershey Entertainment and Resorts Company (aty to be noticed) (Rosengarten, Harold) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 17 Letter In Opposition to proposed Motion to Dismiss by Linda Machado (Adragna, Joseph) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 16 Letter motion requesting pre-motion conference by Hershey Entertainment and Resorts Company (Cohen, Mitchell) Modified on 5/6/2022 to change event type to motion (Coleman, Laurie). [Transferred from New York Eastern on 2/22/2023.] |
| Filing 15 MOTION for Leave to File Document by Linda Machado. (Adragna, Joseph) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 14 Letter MOTION for pre motion conference by Penn State Health - William H. Hershey Medical Center. (Stepanian, Jonathan) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 13 NOTICE of Appearance by Jonathan B Stepanian on behalf of Penn State Health - William H. Hershey Medical Center (notification declined or already on case) (Stepanian, Jonathan) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15175637. by Penn State Health - William H. Hershey Medical Center. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Stepanian, Jonathan) [Transferred from New York Eastern on 2/22/2023.] |
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ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #12 submitted by Jonathan B. Stepanian for Defendant Penn State Health Milton S. Hershey Medical Center and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 1/7/2022. (Vasquez, Lea) [Transferred from New York Eastern on 2/22/2023.]
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| Filing 11 Minute Entry for Telephone Conference held on 1/3/2022 before Magistrate Judge Steven Tiscione: Adragna for Plaintiffs; Sambursky, Martin, Stepanian for Defendants. The docket shall be amended to reflect that attorney Sambursky and the law firm of Pillinger Miller Tarallo, LLP represents only Defendant Hershey Entertainment and Resorts Company, and not Defendant Penn State Health - William H. Hershey Medical Center. Attorneys Martin and Stepanian will enter proper notices of appearance on behalf of Defendant Penn State Health. Parties will work together to resolve any service issues and Defendant Penn State Health will respond to the complaint. If Defendant Penn State Health intends to file a motion to dismiss, Defendant must file a pre-motion conference request in accordance with the District Court's Individual Practice Rules. Attorney Neil L. Sambursky terminated as counsel for Defendant Penn State Health - William H. Hershey Medical Center. (FTR Log #AT&T 2:02 - 2:17.) (Vasquez, Lea) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 10 NOTICE of Appearance by Thomas A. Martin on behalf of Penn State Health - William H. Hershey Medical Center (aty to be noticed) (Martin, Thomas) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 9 First MOTION to Adjourn Conference by Hershey Entertainment and Resorts Company. (Sambursky, Neil) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 7 Letter pursuant to Local Civil Rule 1.4 by Hershey Entertainment and Resorts Company (Attachments: #1 Exhibit 1 - Notice of Removal, #2 Exhibit 2 - Letter from Counsel, #3 Exhibit 3 - Emails, #4 Exhibit 4 - Proposed Order) (Sambursky, Neil) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 6 ANSWER to Complaint by Hershey Entertainment and Resorts Company. (Sambursky, Neil) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 8 STATE COURT RECORD received from the Supreme Court of the State of New York, County of Suffolk re E-filed Supreme Court case, Index 618283/2021, along with a copy of the Notice of Removal or 8019(c) with order. (Coleman, Laurie) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 3 Corporate Disclosure Statement by Penn State Health - William H. Hershey Medical Center (Sambursky, Neil) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 2 Corporate Disclosure Statement by Hershey Entertainment and Resorts Company (Sambursky, Neil) [Transferred from New York Eastern on 2/22/2023.] |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Suffolk, Case Number 618283/2021. ( Filing fee $ 402 receipt number ANYEDC-15044312). Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Exhibit A: State Court Action Summons and Complaint, #2 Civil Cover Sheet) (Sambursky, Neil) Modified on 11/19/2021 (Flanagan, Doreen). [Transferred from New York Eastern on 2/22/2023.] |
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