Walker v. Richmond University Medical Center
| New York Eastern District Court | |
| Judge: | Frederic Block |
| Referred: | Lois Bloom |
| Case #: | 1:21-cv-06428 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1441 Petition for Removal- Medical Malpractice |
| Case Filed: | Nov 18, 2021 |
| Terminated: | Jan 06, 2022 |
| Case in other court: | Supreme Court Richmond County, 151985/2021 |
| Last checked: Tuesday May 17, 2022 4:36 AM EDT |
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Defendant
Vaithilingham Aruthasan, M.D.
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Represented By
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Defendant
Annette Netsama, M.D.
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Represented By
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Defendant
Roland Ngum, M.D.
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Represented By
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Defendant
Richmond University Medical Center
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Represented By
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Defendant
Jessie Saverimuttu, M.D.
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Represented By
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Defendant
Alexander Usorov, M.D.
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Represented By
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Defendant
Obi Valentine, M.D.
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Represented By
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Plaintiff
Michele Walker
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Represented By
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| Docket last updated: 5 hours ago |
| Wednesday, July 05, 2023 | ||
| 24 | 24
appeal
USCA Mandate
Wed 07/05 12:29 PM
MANDATE of USCA as to23 Notice of Appeal filed by Jessie Saverimuttu, M.D. The parties in the above-referenced case have filed a stipulation withdrawing these appeals pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 7/5/2023. USCA# 22- 206. (VJ) |
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| Friday, July 01, 2022 | ||
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order
Order on Motion to Stay
Fri 07/01 10:57 AM
ELECTRONIC ORDER: Because the time requested for a stay of this Courts order to remand has passed and Defendants have filed their Notice of Appeal, Defendants motion (ECF 16) is moot. Ordered by Judge Frederic Block on 7/1/2022. (Innelli, Michael) |
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| Tuesday, February 01, 2022 | ||
| 23 | 23
appeal
Notice of Appeal
Tue 02/01 5:36 PM
NOTICE OF APPEAL by Jessie Saverimuttu, MD. Filing fee $ 505, receipt number ANYEDC-15249944. (krez, Loretta) |
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Att: 1
Exhibit Electronic Remand Order,
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Att: 2
Certificate of Service Certificate of Service
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| 22 | 22
notice
Notice(Other)
Tue 02/01 10:08 AM
NOTICE by Jessie Saverimuttu, MD Walker - Notice of Appeal (Saverimuttu) (krez, Loretta) |
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| Monday, January 31, 2022 | ||
| 21 | 21
appeal
Notice of Appeal
Mon 01/31 2:22 PM
NOTICE OF APPEAL by Vaithilingham Aruthasan, MD, Annette Netsama, MD, Roland Ngum, MD, Richmond University Medical Center, Alexander Usorov, MD, Obi Valentine, MD. Filing fee $ 505, receipt number ANYEDC-15244045. (Lawless, Megan) |
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Att: 1
Exhibit Electronic Remand Order,
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Att: 2
Certificate of Service
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appeal
Electronic Index to Record on Appeal
Mon 01/31 2:25 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) |
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| Thursday, January 13, 2022 | ||
| 20 | 20
misc
Letter
Thu 01/13 9:48 AM
Letter Walker - Letter Addressing Plaintiff's 1-13-22 by Jessie Saverimuttu, MD (krez, Loretta) |
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| Wednesday, January 12, 2022 | ||
| 19 | 19
respm
Response in Opposition to Motion Reply to Response to Motion Reply in Support
Wed 01/12 11:21 AM
REPLY in Support re16 First MOTION to Stay re Order of Remand to State Court,, 30-Day Automatic Stay of Enforcement , RESPONSE in Opposition re16 First MOTION to Stay re Order of Remand to State Court,, 30-Day Automatic Stay of Enforcement , REPLY to Response to Motion re16 First MOTION to Stay re Order of Remand to State Court,, 30-Day Automatic Stay of Enforcement filed by Vaithilingham Aruthasan, MD, Annette Netsama, MD, Roland Ngum, MD, Richmond University Medical Center, Alexander Usorov, MD, Obi Valentine, MD. (Lawless, Megan) |
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Att: 1
Exhibit Leroy v. U.S. Docket,
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Att: 2
Exhibit Rivera-Zayas Docket
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| Tuesday, January 11, 2022 | ||
| 18 | 18
respm
Response in Opposition to Motion
Tue 01/11 10:49 PM
RESPONSE in Opposition re16 First MOTION to Stay re Order of Remand to State Court,, 30-Day Automatic Stay of Enforcement in Opposition filed by Michele Walker. (Curis, Antigone) |
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| 17 | 17
misc
Letter
Tue 01/11 10:44 PM
Letter to Honorable Frederic Block by Michele Walker (Curis, Antigone) |
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| 16 | 16
motion
Stay
Tue 01/11 7:06 PM
First MOTION to Stay re Order of Remand to State Court,, 30-Day Automatic Stay of Enforcement by Vaithilingham Aruthasan, MD, Annette Netsama, MD, Roland Ngum, MD, Richmond University Medical Center, Alexander Usorov, MD, Obi Valentine, MD. (Lawless, Megan) |
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Att: 1
Exhibit Leroy v. Hume 30-Day Stay Order,
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Att: 2
Certificate of Service
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| Thursday, January 06, 2022 | ||
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minutes
Telephone Conference
Thu 01/06 3:22 PM
Minute Entry for proceedings held before Judge Frederic Block: Antigone Curis, Esq. for the plaintiff; Dylan Braverman, Esq. for defendant Richmond University Medical Center and Loretta Krez, Esq. for defendant Jessie Saverimuttu, M.D., all present. Telephone pre-motion conference held on 1/6/2022. Plaintiffs anticipated motion to remand this case back to Supreme Court, Richmond County and defendant Saverimuttu, M.D.'s anticipated motionto dismiss were discussed. A similar case is being briefed in the Second Circuit on the issues discussed. Regardless of the pending appeal in the Second Circuit, the Court will Sua Sponte remand without prejudice this case back to Supreme Court Richmond County. If plaintiff prevail on their appeal in the Second Circuit, they can always remove this case back to Federal Court. (Court Reporter: Not Reported) (Innelli, Michael) |
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order
Order of Remand to State Court
Thu 01/06 3:27 PM
ELECTRONIC Order of Remand to State Court. As proper jurisdiction may be determined sua sponte and the parties pre-motion letters adequately frame the issue of remand, further briefing is not necessary. See Citibank, N.A. v. Swiatkoski, 395 F. Supp. 2d 5, 10 (E.D.N.Y. 2005) ([T]he Court has the authority to remand this action sua sponte and without further notice.). I agree with the opinion in Leroy v. Hume, et al., No. 20-cv-5325 (E.D.N.Y. Nov. 29, 2021), finding that there were no grounds for removal in a similar case. Accordingly, I remand this case without prejudice. Case number 151985/2021 to Supreme Court, Richmond County.Ordered by Judge Frederic Block on 1/6/2022. (Innelli, Michael) |
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| Tuesday, December 07, 2021 | ||
| 15 | 15
notice
Notice of Appearance
Tue 12/07 4:19 PM
NOTICE of Appearance by Heather L. Laschewer on behalf of Jessie Saverimuttu, MD (aty to be noticed) (Laschewer, Heather) |
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| 14 | 14
misc
Letter
Tue 12/07 2:36 PM
Letter Walker - follow up Letter to court re Requesting Pre-Motion Conference by Jessie Saverimuttu, MD (krez, Loretta) |
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order
Scheduling Order
Tue 12/07 2:54 PM
SCHEDULING ORDER: Defendant Jessie Saverimuttu, MD's letter application14 with the consent of all the parties is GRANTED. The telephone pre-motion conference scheduled for December 15, 2021 is adjourned to January 6, 2022 at 3:00 P.M. All parties are directed to call 877-336-1839, then enter access code 7543641 at the time of this telephone pre-motion conference . Upon receipt of this email counsel shall confirm with each other the new date and time of this telephone pre-motion conference. Ordered by Judge Frederic Block on 12/7/2021. (Innelli, Michael) |
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utility
Set/Reset Hearings
Tue 12/07 2:55 PM
Set/Reset Hearings: Telephone Pre-Motion Conference set for 1/6/2022 03:00 PM before Judge Frederic Block. (Innelli, Michael) |
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| Wednesday, December 01, 2021 | ||
| 13 | 13
misc
Letter
Wed 12/01 4:27 PM
Letter Walker - Letter Requesting Pre-Motion Conference by Jessie Saverimuttu, MD (krez, Loretta) |
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order
Scheduling Order
Wed 12/01 4:31 PM
SCHEDULING ORDER: Defendant Saverimuttu, M.D.'s letter application13 requesting a pre motion conference is GRANTED. The application will be discussed during the telephone pre-motion conference scheduled on December 15, 2021 @ 3:00PM. The filing of a letter requesting a pre-motion conference tolls the time in which the defendants are to serve and file an answer to the complaint. Ordered by Judge Frederic Block on 12/1/2021. (Innelli, Michael) |
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| Tuesday, November 30, 2021 | ||
| 12 | 12
misc
Letter
Tue 11/30 6:49 PM
Letter Honorable Frederic Block by Michele Walker (Curis, Antigone) |
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| 11 | 11
motion
Pre Motion Conference
Tue 11/30 3:23 PM
MOTION for pre motion conference by Vaithilingham Aruthasan, MD, Annette Netsama, MD, Roland Ngum, MD, Richmond University Medical Center, Alexander Usorov, MD, Obi Valentine, MD. (Lawless, Megan) |
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| 10 | 10
order
Scheduling Order
Tue 11/30 2:21 PM
SCHEDULING ORDER: Plaintiff's letter application8 dated 11/29/21 is GRANTED. A telephone pre motion conference is scheduled for December 15, 2021 @ 3:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this telephone pre-motion conference and then file a letter application. All parties are directed to call 877-336-1839 then enter access code 7543641 at the time of the conference . Upon receipt of this email counsel shall confirm with each other of the date and time of this telephone pre-motion conference. Ordered by Judge Frederic Block on 11/30/2021. (Innelli, Michael) |
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utility
Set/Reset Hearings
Tue 11/30 2:22 PM
Set/Reset Hearings: Telephone Pre-Motion Conference set for 12/15/2021 03:00 PM before Judge Frederic Block. (Innelli, Michael) |
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order
Order on Motion for Pre Motion Conference
Tue 11/30 3:32 PM
ELECTRONIC ORDER: Defendant's letter application11 requesting a pre motion conference is GRANTED. The application will be discussed during the telephone pre-motion conference scheduled on December 15, 2021 @ 3:00PM. The filing of a letter requesting a pre-motion conference tolls the time in which the defendants are to serve and file an answer to the complaint. Ordered by Judge Frederic Block on 11/30/2021. (Innelli, Michael) |
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| Monday, November 29, 2021 | ||
| 9 | 9
misc
Letter
Mon 11/29 3:07 PM
Letter to Honorable Frederick Block by Vaithilingham Aruthasan, MD, Annette Netsama, MD, Roland Ngum, MD, Richmond University Medical Center, Alexander Usorov, MD, Obi Valentine, MD (Lawless, Megan) |
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| 8 | 8
misc
Letter
Mon 11/29 8:22 AM
Letter to Honorable Frederic Block by Michele Walker (Curis, Antigone) |
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Att: 1
Exhibit A
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| 7 | 7
notice
Notice of Appearance
Mon 11/29 8:20 AM
NOTICE of Appearance by Antigone Curis on behalf of All Plaintiffs (notification declined or already on case) (Curis, Antigone) |
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| Wednesday, November 24, 2021 | ||
| 6 | 6
notice
Notice of Appearance
Wed 11/24 9:07 AM
NOTICE of Appearance by Megan A. Lawless on behalf of Vaithilingham Aruthasan, MD, Annette Netsama, MD, Roland Ngum, MD, Richmond University Medical Center, Alexander Usorov, MD, Obi Valentine, MD (aty to be noticed) (Lawless, Megan) |
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| Tuesday, November 23, 2021 | ||
| 5 | 5
notice
Notice of Appearance
Tue 11/23 4:08 PM
NOTICE of Appearance by Loretta A. krez on behalf of Jessie Saverimuttu, MD (aty to be noticed) (krez, Loretta) |
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| Monday, November 22, 2021 | ||
| 4 | 4
notice
Notice(Other)
Mon 11/22 8:17 PM
NOTICE by Jessie Saverimuttu, MD re1 Notice of Removal, consent and joinder of removal (Bloom, David) |
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Att: 1
Exhibit A
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| Thursday, November 18, 2021 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Thu 11/18 3:36 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Thu 11/18 3:33 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. (Bowens, Priscilla) |
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| 1 | 1
notice
Notice of Removal
Thu 11/18 3:15 PM
NOTICE OF REMOVAL by Richmond University Medical Center , Alexander Usorov, MD, Vaithilingham Aruthasan, MD, Obi Valentine, MD, Roland Ngum, MD and Annette Netsama, MD from Supreme Court Richmond County, case number 151985/2021. ( Filing fee $ 402 receipt number ANYEDC-15043880) (Braverman, Dylan) |
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Att: 1
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Thu 11/18 3:32 PM
Case Assigned to Judge Frederic Block and Magistrate Judge Lois Bloom. 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. (Bowens, Priscilla) |
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misc
ECF Admission and Registration Notification - Removal
Thu 11/18 3:37 PM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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