Dupervil v. Alliance Health Operations, LLC, et al

New York Eastern District Court
Judge:	Pamela K Chen
Referred:	Peggy Kuo
Case #:	1:20-cv-04042
Nature of Suit	365 Torts - Personal Injury - Product Liability
Cause	28:1441 Notice of Removal

Case Filed:	Aug 31, 2020
Terminated:	Feb 02, 2021
Case in other court:	SUPREME KINGS, 507780/2020

Last checked: Saturday Feb 27, 2021 5:52 AM EST

Defendant Alliance Health Operations, LLC	Represented By Lori Semlies Wilson, Elser, Moskowitz, Edelman, & Dicker, LLP contact info
Defendant John and Jane Does 1-10	Represented By Lori Semlies Wilson, Elser, Moskowitz, Edelman, & Dicker, LLP contact info
Plaintiff Marc Dupervil	Represented By Salvatore C. Badala Napoli Shkolnik PLLC contact info Joseph L Ciaccio Napoli Shkolnik, PLLC contact info

GPO Feb 02 2021
ORDER: For the reasons set forth in the attached Memorandum & Order, Plaintiff's motion to remand is granted. This case is remanded to the Supreme Court of New York, Kings County, under Index No. 507780/2020, as the Court lacks subject-matter jurisdiction and Defendants do not qualify for federal-officer removal. Ordered by Judge Pamela K. Chen on 2/2/2021. (Nguyen, Andrew)

Docket last updated: 09/18/2025 11:59 PM EDT

Monday, August 01, 2022
25		25 appeal USCA Mandate Mon 08/01 2:17 PM MANDATE of USCA as to21 Notice of Appeal filed by Alliance Health Operations, LLC. It is hereby ORDERED that the motion is GRANTED, and the appeal is DISMISSED. Issued as Mandate: 8/1/2022. USCA# 21-505. (Jones, Vasean) Related: [-]
Tuesday, April 12, 2022
24		24 appeal USCA Order Tue 04/12 12:38 PM ORDER of USCA as to21 Notice of Appeal filed by Alliance Health Operations, LLC. IT IS HEREBY ORDERED that the stay of the appeal is lifted. Appellants motion to dismiss will be determined by a three-judge panel in the ordinary course. Certified Copy Issued: 4/12/2022. USCA# 21-505. (Jones, Vasean) Related: [-]
Monday, June 07, 2021
23		23 appeal USCA Order Mon 06/07 11:39 AM ORDER of USCA as to21 Notice of Appeal filed by Alliance Health Operations, LLC. IT IS HEREBY ORDERED that the motion is GRANTED. Appellant is directed to file a stay status update letter every 30 days, beginning 30 days from the date of this order. Certified Copy Issued: 6/7/2021. USCA# 21-505. (Jones, Vasean) Related: [-]
Wednesday, March 17, 2021
22		22 appeal USCA Order Wed 03/17 9:50 AM ORDER of USCA as to21 Notice of Appeal filed by Alliance Health Operations, LLC. Appellant moves to hold the appeal in abeyance pending the Supreme Courts decision in BP P.L.C. v. Mayor and City Council of Baltimore, No. 19-1189 (US). Appellee opposes the motion. IT IS HEREBY ORDERED that the motion is GRANTED. Certified Copy Issued: 3/17/2021. USCA# 21-505. Please note the Mandate has not yet been issued. (Jones, Vasean) Related: [-]
Wednesday, March 03, 2021
21		21 appeal Notice of Appeal Wed 03/03 12:41 PM NOTICE OF APPEAL by Alliance Health Operations, LLC. Filing fee $ 505, receipt number ANYEDC-14237035. (Semlies, Lori) Related: [-]
		Att: 1 Exhibit Remand Decision
		appeal Electronic Index to Record on Appeal Wed 03/03 2:35 PM Electronic Index to Record on Appeal sent to US Court of Appeals.21 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) Related: [-]
Tuesday, February 02, 2021
20		20 33 pgs order Order on Motion to Remand to State Court Tue 02/02 2:13 PM ORDER: For the reasons set forth in the attached Memorandum & Order, Plaintiff's motion to remand is granted. This case is remanded to the Supreme Court of New York, Kings County, under Index No. 507780/2020, as the Court lacks subject-matter jurisdiction and Defendants do not qualify for federal-officer removal. Ordered by Judge Pamela K. Chen on 2/2/2021. (Nguyen, Andrew) Related: [-]
Monday, February 01, 2021
19		19 misc Letter Mon 02/01 1:22 PM Letter for Judge Pamela K. Chen from Lori R. Semlies Esq. by Alliance Health Operations, LLC, John and Jane Does 1-10 (Semlies, Lori) Related: [-]
		Att: 1 Exhibit A-Garcia - Tentative Ruling On Mtn to Remand and Mtn to Dismiss Complaint
Wednesday, January 20, 2021
18		18 misc Letter Wed 01/20 3:47 PM Letter (3rd) for Judge Pamela K. Chen from Lori R. Semlies by Alliance Health Operations, LLC, John and Jane Does 1-10 (Semlies, Lori) Related: [-]
		Att: 1 Exhibit A- Statement of Interest
Monday, January 11, 2021
17		17 misc Letter Mon 01/11 4:00 PM Letter (Second) for Judge Pamela K..Chen from Lori R. Semlies by Alliance Health Operations, LLC, John and Jane Does 1-10 (Semlies, Lori) Related: [-]
		Att: 1 Exhibit A- Advisory Opinion
Monday, November 30, 2020
		order 1 - Terminate Deadlines and Hearings Mon 11/30 5:05 PM ORDER: In light of the pending11 motion to remand to state court, the initial conference scheduled for December 1, 2020 is adjourned sine die . If the motion is denied, the parties must file a joint proposed discovery plan within Ten (10) business days of the decision. Ordered by Magistrate Judge Peggy Kuo on 11/30/2020. (O'Neil-Berven, Ryan) Related: [-]
		order Scheduling Order Mon 11/30 8:35 PM ORDER: The Court grants8 Defendant's request for acceptance of its delayed answer to the Complaint. Defendant's9 Answer is accepted as filed on 9/29/2020. Ordered by Judge Pamela K. Chen on 11/30/2020. (Nguyen, Andrew) Related: [-]
Tuesday, October 27, 2020
16		16 misc Letter Tue 10/27 3:38 PM Letter for Judge Pamela K. Chen from Lori R. Semlies Esq. by Alliance Health Operations, LLC, John and Jane Does 1-10 (Semlies, Lori) Related: [-]
		Att: 1 Exhibit A-Arbor - HHS Advisory Opinion Oct. 22 2020
Monday, October 26, 2020
15		15 respoth Reply in Support Mon 10/26 9:11 PM REPLY in Support re11 MOTION to Remand to State Court with Memorandum of Law in Support filed by Marc Dupervil. (Ciaccio, Joseph) Related: [-]
14		14 notice Notice of Appearance Mon 10/26 9:08 PM NOTICE of Appearance by Joseph L Ciaccio on behalf of Marc Dupervil (notification declined or already on case) (Ciaccio, Joseph) Related: [-]
Monday, October 19, 2020
13		13 25 pgs respoth Memorandum in Opposition Mon 10/19 2:42 PM MEMORANDUM in Opposition filed by Alliance Health Operations, LLC. (Semlies, Lori) Related: [-]
		Att: 1 Exhibit Mr. Dupervils Linden Center record - part 1,
		Att: 2 Exhibit Mr. Dupervils Linden Center record - part 2,
		Att: 3 Exhibit Mr. Dupervils Linden Center record - part 3,
		Att: 4 Exhibit Mr. Dupervils Linden Center record - part 4,
		Att: 5 Exhibit Mr. Dupervils Linden Center record - part 5,
		Att: 6 Exhibit Complaint,
		Att: 7 Exhibit Declaration of Estelanie Clemente, R.N.,
		Att: 8 Exhibit HHS opinion,
		Att: 9 Exhibit HHS opinion letter,
		Att: 10 Exhibit DOH Materials
Friday, October 02, 2020
		order Scheduling Order Fri 10/02 6:13 PM ORDER: As Plaintiff has filed his11 Motion to Remand, Defendant shall respond to Plaintiff's motion by October 19, 2020. Plaintiff shall file a reply, if any, by October 26, 2020. Both parties'10 and12 requests for a pre-motion conference are denied as unnecessary. The Court notes Defendant is correct that Plaintiff has failed to follow the Court's Individual Rules, and Plaintiff is cautioned to observe those rules in the future. Ordered by Judge Pamela K. Chen on 10/2/2020. (Marks, Miriam)Ordered by Judge Pamela K. Chen on 10/2/2020. (Marks, Miriam) Related: [-]
Thursday, October 01, 2020
12		12 misc Letter Thu 10/01 12:51 PM Letter Letter to Judge Pamela K. Chen requesting a pre-motion conference by Alliance Health Operations, LLC (Semlies, Lori) Related: [-]
Wednesday, September 30, 2020
11		11 motion Remand to State Court Wed 09/30 6:29 PM MOTION to Remand to State Court with Memorandum of Law in Support by Marc Dupervil. (Badala, Salvatore) Related: [-]
		Att: 1 Exhibit Plaintiff's Exhibits A through E
Tuesday, September 29, 2020
10		10 motion Pre Motion Conference Tue 09/29 9:35 PM Letter MOTION for pre motion conference to file for Remand to State Court by Marc Dupervil. (Badala, Salvatore) Related: [-]
9		9 answer Answer to Complaint Tue 09/29 5:33 PM ANSWER to Complaint by Alliance Health Operations, LLC, John and Jane Does 1-10. (Semlies, Lori) Related: [-]
8		8 misc Letter Tue 09/29 5:30 PM Letter to Judge by Alliance Health Operations, LLC, John and Jane Does 1-10 (Semlies, Lori) Related: [-]
Thursday, September 03, 2020
7		7 order Scheduling Order Thu 09/03 9:27 AM SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on December 1, 2020 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend . The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf] Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendants' counsel are directed to ensure Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 9/3/2020. (O'Neil-Berven, Ryan) Related: [-]
Monday, August 31, 2020
6		6 misc Quality Control Check - Attorney Case Opening Mon 08/31 2:27 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) Related: [-]
5		5 misc Clerks Notice of Rule 73 Mon 08/31 2:22 PM 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:[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. (Davis, Kimberly) Related: [-]
4		4 service Certificate of Service Mon 08/31 10:36 AM CERTIFICATE OF SERVICE by ALLIANCE HEALTH OPERATIONS, LLC d/b/a LINDEN CENER FOR NURSING AND REHABILITATION,, JOHN and JANE DOES, 1-10 re3 Proposed Summons/Civil Cover Sheet,2 Corporate Disclosure Statement,1 Notice of Removal, (Semlies, Lori) Related: [-]
3		3 misc Proposed Summons/Civil Cover Sheet Mon 08/31 10:32 AM Civil Cover Sheet.. Re2 Corporate Disclosure Statement,1 Notice of Removal, by ALLIANCE HEALTH OPERATIONS, LLC d/b/a LINDEN CENER FOR NURSING AND REHABILITATION,, JOHN and JANE DOES, 1-10 (Semlies, Lori) Related: [-]
2		2 misc Corporate Disclosure Statement Mon 08/31 10:30 AM Corporate Disclosure Statement by ALLIANCE HEALTH OPERATIONS, LLC d/b/a LINDEN CENER FOR NURSING AND REHABILITATION,, JOHN and JANE DOES, 1-10 (Semlies, Lori) Related: [-]
1		1 notice Notice of Removal Mon 08/31 10:26 AM NOTICE OF REMOVAL by ALLIANCE HEALTH OPERATIONS, LLC d/b/a LINDEN CENER FOR NURSING AND REHABILITATION,, JOHN and JANE DOES, 1-10 from SUPREME KINGS, case number 507780/2020. ( Filing fee $ 400 receipt number ANYEDC-13288979) (Semlies, Lori) Related: [-]
		Att: 1 29 pgs Exhibit Summons and Complaint,
		Att: 2 Exhibit Affidavits of Service
		utility Case Assigned/Reassigned Mon 08/31 2:19 PM Case Assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) Related: [-]

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