Oriska Corporation v. Bay Park Center for Nursing and Rehabilitation et al
| New York Southern District Court | |
| Judge: | Lewis J Liman |
| Case #: | 1:21-cv-00762 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 28:1442nr Notice of Removal |
| Case Filed: | Jan 27, 2021 |
| Terminated: | Oct 01, 2021 |
| Last checked: Monday Jul 26, 2021 4:19 AM EDT |
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Defendant
Oriska Insurance Company
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Defendant
Richard Schildron
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Defendant
Berish Rubenstein
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Defendant
Carolyn Robinson, Supervisor with the New York State Department of Labor,
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Defendant
Lawrence Reichenberger
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Defendant
Roberta Reardon as the Commissioner of the State of New York Department of Labor
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Defendant
Rashbi Management, Inc.
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Defendant
Pitterman Family Trust
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Defendant
Robert J. Pines
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Defendant
Bent Philipson
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Defendant
Irwin Peckman
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Defendant
Sam Schlesinger
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Defendant
National Financial Services
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Defendant
Isaac Muller
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Defendant
Sharyn Mukamal
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Defendant
Lipsius-Benhaim Law
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Defendant
Ira Lipsius
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Represented By
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Defendant
Rich Levitan
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Defendant
Chana Lerner
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Defendant
Barry Leistner
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Defendant
Martha Lees as General Counsel of the Department of Financial Services
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Defendant
Benjamin Landa
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Defendant
The Philipson Family Trust
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Defendant
Israel Zeigelman
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Defendant
Mark Zaffrin
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Defendant
Whiteman Osterman & Hanna, LLP
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Defendant
Raphael A Weitzner
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Defendant
Michael Weiss
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Defendant
Sherman C. Vogel
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Defendant
Jeffrey Vogel
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Defendant
Stella M Vilardi
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Defendant
The State University of New York
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Defendant
The Schlesinger Family Trust
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Defendant
Linda A Lacewell as Superintendent of Insurance of the State of New York Department of Financial Services
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Defendant
C Kenneth Tesslar
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Defendant
Lorraine Takesky
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Defendant
Spencer Street Realty
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Defendant
Henry Sirkis
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Defendant
Henry Shayovitz
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Defendant
Sentosacare, LLC
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Defendant
Scott Dietrich and Peter Fountas of the Research Foundation of the State University of New York
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Defendant
Michael Schweimmer
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Defendant
Martin Schwartzman
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Defendant
Broad Coverage Services, Inc.
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Defendant
Martin Farbenblum
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Defendant
Steven J. Eisman
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Represented By
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Defendant
Wolf Eisenbach
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Defendant
Scott Einiger
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Defendant
Dr. Merryl H. Tisch, Chairman of the State University of New York Board of Trustees
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Defendant
Andrew M. Cuomo, Governor of the State of New York, in his official and individual capacities
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Defendant
Cullen and Dykman LLP
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Defendant
Michael Camilleri
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Defendant
Richard Busell
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Defendant
Steven Brown
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Defendant
Martin Kass
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Defendant
Berkshire Group, Inc.
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Defendant
Howard Belford
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Defendant
Bay Park Center For Nursing and Rehabilitation, LLC
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Defendant
Paul Barbara
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Defendant
Matthew Barbara
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Defendant
Anthony J Bacchi
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Defendant
Alexi Arias
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Represented By
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Defendant
Allstate Administrators, Inc.
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Defendant
Allstate ASO, Inc.
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Defendant
Lori Fensterman
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Defendant
Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear
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Represented By
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Defendant
Allen Kass
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Defendant
John Doe and other persons not yet identified
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Defendant
Howard A. Zucker, M.D., as the Commissioner of the State of New York Department of Health
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Defendant
Donna Hodge
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Represented By
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Defendant
Annette Hall
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Represented By
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Defendant
Steven Greenstein
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Defendant
Eli Greenspan
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Defendant
Joel Greeneberg
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Defendant
Karen Grant Williams
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Represented By
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Defendant
Grandview Brokerage, Inc.
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Defendant
Patrick Formato
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Defendant
Benjamin Fishoff
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Defendant
Mayer Fischl
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Defendant
Financial Service
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Defendant
Samuel Ferrara
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Defendant
Staci Fensterman
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Defendant
Robert Fensterman
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Defendant
Jordan Fensterman
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Plaintiff
Oriska Corporation
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| Docket last updated: 05/16/2025 11:59 PM EDT |
| Friday, October 01, 2021 | ||
| 25 | 25
1
pgs
order
Order on Motion to Remand to State Court
Fri 10/01 4:20 PM
ORDER granting22 Motion to Remand to State Court. On August 1, 2021, Plaintiff filed a motion to remand the case, supported by a Declaration that the action had become moot because the underlying state court action is in the process of being discontinued by Plaintiff pursuant to N.Y. C.P.L.R. § 3217. Dkt. No. 21. The Class Defendants have filed a letter agreeing that the removed actions are now moot and that they do not oppose the motion to remand the actions to state court for discontinuance. Dkt. No. 24. Because all parties agree that the case should be remanded, the request for a remand is GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 21 and to close the case. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/1/2021) (va) |
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| Thursday, September 16, 2021 | ||
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respm
Response to Motion
Thu 09/16 12:39 PM
RESPONSE to Motion re:22 MOTION to Remand to State Court . . Document filed by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge..(McBride, Joseph) |
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| Wednesday, September 01, 2021 | ||
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respm
Declaration in Support of Motion
Wed 09/01 12:10 PM
DECLARATION of Frank Policelli in Support re:18 MOTION to Remand to State Court .,22 MOTION to Remand to State Court .. Document filed by Oriska Corporation..(Policelli, Frank) |
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motion
Remand to State Court
Wed 09/01 12:09 PM
MOTION to Remand to State Court . Document filed by Oriska Corporation..(Policelli, Frank) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Wed 09/01 11:57 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Frank Policelli to RE-FILE Document 18 MOTION to Remand to State Court . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
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| Tuesday, August 31, 2021 | ||
| 21 | 21
misc
Letter
Tue 08/31 12:28 PM
LETTER addressed to Judge Lewis J. Liman from Frank Policelli dated 08/31/2021 re: Ex. A to Doc. #20. Document filed by Oriska Corporation..(Policelli, Frank) |
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Att: 1
Exhibit Judge Pantzer Decision - Ex. A to Doc. #20
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respm
Reply to Response to Motion
Tue 08/31 10:35 AM
REPLY to Response to Motion re:18 MOTION to Remand to State Court . . Document filed by Oriska Corporation..(Policelli, Frank) |
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| Thursday, August 26, 2021 | ||
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respm
Memorandum of Law in Opposition to Motion
Thu 08/26 5:20 PM
MEMORANDUM OF LAW in Opposition re:18 MOTION to Remand to State Court . . Document filed by Ira Lipsius..(Lipsius, Ira) |
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motion
Remand to State Court
Thu 08/26 1:22 PM
MOTION to Remand to State Court . Document filed by Oriska Corporation..(Policelli, Frank) |
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| Tuesday, June 01, 2021 | ||
| 17 | 17
misc
Letter
Tue 06/01 6:18 PM
LETTER addressed to Judge Lewis J. Liman from Alexander J. Sperber dated June 1, 2021 re: Developments in Related Actions. Document filed by Ira Lipsius..(Lipsius, Ira) |
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Att: 1
Exhibit EDNY Dismissal Order,
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Att: 2
Exhibit Zanani Hearing Transcript
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Tue 06/01 1:38 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joseph Vincent McBride to RE-FILE Document 15 MOTION to Consolidate Cases . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
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| Wednesday, May 26, 2021 | ||
| 16 | 16
misc
Letter
Wed 05/26 11:01 AM
LETTER addressed to Judge Lewis J. Liman from Joseph McBride re: PROPOSED SUMMONS. Document filed by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge..(McBride, Joseph) |
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| Tuesday, May 11, 2021 | ||
| 15 | 15
motion
Consolidate Cases
Tue 05/11 3:42 PM
MOTION to Consolidate Cases . Document filed by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge..(McBride, Joseph) |
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Att: 1
Declaration,
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Att: 2
Memorandum,
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Att: 3
#1 Attachment to Memorandum-JPML Motion,
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Att: 4
#2 Attachment to Memorandum-Schedule of Actions,
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Att: 5
#3 Attachment to Memorandum-Brief to Panel,
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Att: 6
#4- Judge Libert Order
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| Friday, May 07, 2021 | ||
| 14 | 14
notice
Notice (Other)
Fri 05/07 3:51 PM
NOTICE of PROPOSED SUMMONS re:1 Notice of Removal,,. Document filed by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge..(McBride, Joseph) |
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| Thursday, May 06, 2021 | ||
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notice
Notice of Appearance
Thu 05/06 2:52 PM
NOTICE OF APPEARANCE by Joseph Vincent McBride on behalf of Alexi Arias, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear, Karen Grant Williams, Annette Hall, Donna Hodge..(McBride, Joseph) |
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| Monday, April 26, 2021 | ||
| 12 | 12
misc
Letter
Mon 04/26 2:02 PM
LETTER addressed to Judge Lewis J. Liman from Alexander J. Sperber dated April 26, 2021 re: Admission Status of Attorney Kernan. Document filed by Ira Lipsius..(Lipsius, Ira) |
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Att: 1
Exhibit A - Correspondence from Attorney Services
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misc
Letter
Mon 04/26 8:57 AM
LETTER addressed to Judge Lewis J. Liman from James M. Kernan, Esq. dated 04/26/2021 re: Object to Remand. Document filed by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge..(Kernan, James) |
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| Thursday, April 15, 2021 | ||
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misc
Letter
Thu 04/15 8:56 AM
LETTER addressed to Judge Lewis J. Liman from James M. Kernan, Esq. dated April 15, 2021 re: Clarify Decision in Related Action. Document filed by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge..(Kernan, James) |
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| Wednesday, April 14, 2021 | ||
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misc
Letter
Wed 04/14 5:09 PM
LETTER addressed to Judge Lewis J. Liman from Alexander J. Sperber dated April 14, 2021 re: Decision in Related Action. Document filed by Ira Lipsius..(Lipsius, Ira) |
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1
pgs
order
Order
Wed 04/14 12:14 PM
ORDER: The Court has received the Moving Defendants motion to remand this case to state court. The removing parties are directed to inform the Court by April 20 at 5:00 p.m. whether they object to the motion. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/14/2021) (va) |
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| Tuesday, March 30, 2021 | ||
| 7 | 7
notice
Notice (Other)
Tue 03/30 9:35 AM
NOTICE of Withdraw JPML Motion. Document filed by Alexi Arias, Karen Grant Williams, Annette Hall, Donna Hodge..(Kernan, James) |
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| Thursday, March 11, 2021 | ||
| 6 | 6
respm
Affirmation in Support of Motion
Thu 03/11 2:32 PM
AFFIRMATION of Alexander J. Sperber in Support re:4 MOTION to Remand to State Court .. Document filed by Ira Lipsius..(Lipsius, Ira) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K,
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Att: 12
Exhibit L,
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Att: 13
Exhibit M,
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Att: 14
Exhibit N,
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Att: 15
Exhibit O
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Thu 03/11 6:53 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ira S. Lipsius to RE-FILE Document 4 MOTION to Remand to State Court . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
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| Tuesday, March 09, 2021 | ||
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order
Order
Tue 03/09 7:16 PM
ORDER: The Initial Pretrial Conference scheduled for March 12, 2021 is CANCELED. Counsel for Defendants is ordered to notify all counsel of the cancellation. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) |
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| Monday, March 01, 2021 | ||
| 5 | 5
26
pgs
respm
Memorandum of Law in Support of Motion
Mon 03/01 7:41 PM
MEMORANDUM OF LAW in Support re:4 MOTION to Remand to State Court . . Document filed by Ira Lipsius..(Lipsius, Ira) |
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| 4 | 4
motion
Remand to State Court
Mon 03/01 7:33 PM
MOTION to Remand to State Court . Document filed by Ira Lipsius..(Lipsius, Ira) |
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Att: 1
Affidavit of Alexander J. Sperber,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Exhibit K,
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Att: 13
Exhibit L,
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Att: 14
Exhibit M,
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Att: 15
Exhibit N,
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Att: 16
Exhibit O
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| Friday, February 12, 2021 | ||
| 3 | 3
1
pgs
order
Order for Initial Pretrial Conference
Fri 02/12 4:41 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on March 12, 2021, at 12:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. (As further set forth in this Order.) Initial Conference set for 3/12/2021 at 12:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/12/2021) (cf) |
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| Thursday, January 28, 2021 | ||
| 2 | 2
notice
Notice of Removal
Thu 01/28 5:48 PM
NOTICE OF REMOVAL from Bronx County Supreme Court, County of Bronx. Case Number: 2019-33547..Document filed by Karen Grant Williams, Alexi Arias, Annette Hall, Donna Hodge, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear..(Kernan, James) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Related Case Statement,
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Att: 3
Baypark Amended Complaint,
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Att: 4
Whiteplains Amended Complaint,
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Att: 5
Throgs Amended Complaint,
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Att: 6
NMC Amended Complaint,
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Att: 7
Kingsbridge Amended Complaint,
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Att: 8
Eastchester Amended Complaint
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notice
Notice of Removal
Thu 01/28 8:49 AM
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Bronx County Supreme Court, County of Bronx. Case Number: 2019-33547. (Filing Fee $ 402.00, Receipt Number BNYSDC-23725527).Document filed by Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear..(Kernan, James) Modified on 1/28/2021 (dnh) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Related Case Statement,
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Att: 3
Baypark Amended Complaint,
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Att: 4
Amended Complaint,
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Att: 5
Amended Complaint,
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Att: 6
Amended Complaint,
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Att: 7
Amended Complaint,
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Att: 8
Amended Complaint
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misc
Notice to Attorney Regarding Deficient Pleading
Thu 01/28 3:31 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Kernan to RE-FILE 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; all of the parties listed in the pleading caption must be added to CM/ECF. Due to party modification, the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh) |
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misc
Notice to Attorney Regarding Party Modification
Thu 01/28 3:43 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Kernan. The party information for the following party/parties has been modified: Oriska Corporation, Bay Park Center for Nursing and Rehabilitation, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (dnh) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Thu 01/28 3:45 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney James Kernan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
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notice
Case Opening Initial Assignment Notice
Thu 01/28 3:47 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(dnh) |
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utility
Case Designation
Thu 01/28 3:47 PM
Magistrate Judge Stewart D. Aaron 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (dnh) |
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utility
Case Designated ECF
Thu 01/28 3:48 PM
Case Designated ECF. (dnh) |
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utility
Add Party for Pleading
Thu 01/28 5:41 PM
ADD PARTY FOR PLEADING. Defendants/Respondents The State University of New York, Stella M Vilardi, Rashbi Management, Inc., Patrick Formato, C Kenneth Tesslar, Jordan Fensterman, Anthony J Bacchi, Allstate Administrators, Inc., Donna Hodge, Scott Einiger, Chana Lerner, Roberta Reardon as the Commissioner of the State of New York Department of Labor, Dr. Merryl H. Tisch, Chairman of the State University of New York Board of Trustees, Mark Zaffrin, Cullen and Dykman LLP, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear, Carolyn Robinson, Supervisor with the New York State Department of Labor,, Wolf Eisenbach, Lawrence Reichenberger, Richard Schildron, Lori Fensterman, Annette Hall, Scott Dietrich and Peter Fountas of the Research Foundation of the State University of New York, National Financial Services, The Schlesinger Family Trust, Mayer Fischl, Robert Fensterman, Jeffrey Vogel, Lorraine Takesky, Financial Service, Allstate ASO, Inc., Israel Zeigelman, Sentosacare, LLC, Howard A. Zucker, M.D., as the Commissioner of the State of New York Department of Health, Isaac Muller, Joel Greeneberg, Martin Farbenblum, Bent Philipson, Karen Grant Williams, Sherman C. Vogel, Benjamin Landa, Andrew M. Cuomo, Governor of the State of New York, in his official and individual capacities, Howard Belford, Barry Leistner, John Doe and other persons not yet identified, Sam Schlesinger, Broad Coverage Services, Inc., Henry Shayovitz, Matthew Barbara, Spencer Street Realty, Irwin Peckman, Martin Kass, Martin Schwartzman, Robert J. Pines, Oriska Insurance Company, Steven Greenstein, The Philipson Family Trust, Paul Barbara, Alexi Arias, Berkshire Group, Inc., Staci Fensterman, Eli Greenspan, Ira Lipsius, Samuel Ferrara, Lipsius-Benhaim Law, Michael Camilleri, Raphael A Weitzner, Steven Brown, Sharyn Mukamal, Allen Kass, Michael Weiss, Benjamin Fishoff, Berish Rubenstein, Linda A Lacewell as Superintendent of Insurance of the State of New York Department of Financial Services, Michael Schweimmer, Grandview Brokerage, Inc., Martha Lees as General Counsel of the Department of Financial Services, Pitterman Family Trust, Henry Sirkis, Rich Levitan, Richard Busell, Whiteman Osterman & Hanna, LLP added. Party added pursuant to1 Notice of Removal,,.Document filed by The State University of New York, Stella M Vilardi, Rashbi Management, Inc., Patrick Formato, C Kenneth Tesslar, Jordan Fensterman, Anthony J Bacchi, Allstate Administrators, Inc., Donna Hodge, Scott Einiger, Chana Lerner, Roberta Reardon as the Commissioner of the State of New York Department of Labor, Dr. Merryl H. Tisch, Chairman of the State University of New York Board of Trustees, Mark Zaffrin, Cullen and Dykman LLP, Class Representatives of a Class of Employees of Employer Defendants as the interests of the Class may appear, Carolyn Robinson, Supervisor with the New York State Department of Labor,, Wolf Eisenbach, Lawrence Reichenberger, Richard Schildron, Lori Fensterman, Annette Hall, Scott Dietrich and Peter Fountas of the Research Foundation of the State University of New York, National Financial Services, The Schlesinger Family Trust, Mayer Fischl, Robert Fensterman, Jeffrey Vogel, Lorraine Takesky, Financial Service, Allstate ASO, Inc., Israel Zeigelman, Sentosacare, LLC, Howard A. Zucker, M.D., as the Commissioner of the State of New York Department of Health, Isaac Muller, Joel Greeneberg, Martin Farbenblum, Bent Philipson, Karen Grant Williams, Sherman C. Vogel, Benjamin Landa, Andrew M. Cuomo, Governor of the State of New York, in his official and individual capacities, Howard Belford, Barry Leistner, John Doe and other persons not yet identified, Sam Schlesinger, Broad Coverage Services, Inc., Henry Shayovitz, Matthew Barbara, Spencer Street Realty, Irwin Peckman, Martin Kass, Martin Schwartzman, Robert J. Pines, Oriska Insurance Company, Steven Greenstein, The Philipson Family Trust, Paul Barbara, Alexi Arias, Berkshire Group, Inc., Staci Fensterman, Eli Greenspan, Ira Lipsius, Samuel Ferrara, Lipsius-Benhaim Law, Michael Camilleri, Raphael A Weitzner, Steven Brown, Sharyn Mukamal, Allen Kass, Michael Weiss, Benjamin Fishoff, Berish Rubenstein, Linda A Lacewell as Superintendent of Insurance of the State of New York Department of Financial Services, Michael Schweimmer, Grandview Brokerage, Inc., Martha Lees as General Counsel of the Department of Financial Services, Pitterman Family Trust, Henry Sirkis, Rich Levitan, Richard Busell, Whiteman Osterman & Hanna, LLP. Related document:1 Notice of Removal,,..(Kernan, James) |
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