McGlashan v. Rutland Nursing Home, Inc.
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | Taryn A Merkl |
| Case #: | 1:22-cv-03326 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1331 Fed. Question: Medical Malpractice |
| Case Filed: | Jun 06, 2022 |
| Terminated: | Jun 16, 2022 |
| Last checked: Saturday Dec 03, 2022 4:43 AM EST |
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Defendant
Rutland Nursing Home, Inc.
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Represented By
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Plaintiff
Krystal McGlashan
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Represented By
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| Docket last updated: 61 minutes ago |
| Wednesday, July 05, 2023 | ||
| 7 | 7
appeal
USCA Mandate
Wed 07/05 4:11 PM
MANDATE of USCA as to5 Notice of Appeal filed by Rutland Nursing Home, Inc. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 7/5/2023. USCA# 22- 1471. (VJ) |
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| Friday, December 02, 2022 | ||
| 6 | 6
misc
Transcript
Fri 12/02 10:00 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 16, 2022, before Judge Pamela K. Chen. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: LindaDan226@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/24/2022. Redacted Transcript Deadline set for 1/2/2023. Release of Transcript Restriction set for 3/2/2023. (Danelczyk, Linda) |
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| Friday, July 08, 2022 | ||
| 5 | 5
appeal
Notice of Appeal
Fri 07/08 2:57 PM
NOTICE OF APPEAL by Rutland Nursing Home, Inc.. Filing fee $ 505, receipt number ANYEDC-15730102. (Lawless, Megan) |
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appeal
Electronic Index to Record on Appeal
Fri 07/08 3:04 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.5 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, June 16, 2022 | ||
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minutes
Initial Conference Hearing ~Util - Terminate Civil Case
Fri 06/17 4:13 PM
Minute Entry for proceedings held before Judge Pamela K. Chen: Civil Hearing re issue of removal and subject matter jurisdiction held on 6/16/2022. Appearances by Ryan McAllister for Plaintiff; Brett Kanter for Plaintiff in Piccione v. Eger Health Care and Rehabilitation Center , No. 22-CV-2915; Joseph Ciaccio for Plaintiff in Becker v. Carmel Richmond Nursing Home, Inc. et al , 22-CV-02310; and Megan Lawless for Defendants in all three cases. Cases called. Discussion held. For the reasons explained on the record, the Court held that (1) Defendant has failed to show under the four-factor framework of Nken v. Holder , 556 U.S. 418 (2009), that a stay of remand is warranted; and (2) the Court lacks subject matter jurisdiction over the case for the same reasons explained in Dupervil v. Alliance Health Operations, LCC , 516 F. Supp. 3d 238 (E.D.N.Y. 2021). Accordingly, this case is remanded back to Supreme Court of the State of New York, County of Kings, under case number 50878/2022. Civil Case Terminated. (Court Reporter Linda Danelczyk.) (Gonzalez, Fida) |
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| Thursday, June 09, 2022 | ||
| 4 | 4
notice
Notice of Appearance
Thu 06/09 11:04 AM
NOTICE of Appearance by Megan A. Lawless on behalf of Rutland Nursing Home, Inc. (aty to be noticed) (Lawless, Megan) |
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| Tuesday, June 07, 2022 | ||
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order
Scheduling Order
Tue 06/07 9:38 AM
ORDER: As defense counsel is aware, the Court doubts that it has jurisdiction over the subject matter of this litigation. ( See Becker v. Carmel Richmond Nursing Home, Inc. et al , 22-CV-2310 (05/09/2022 Docket Order).) In Becker , the Court will hear argument at 2 p.m. on June 16, 2022, on whether the case should be remanded or stayed pending a decision from the Second Circuit on whether there is subject matter jurisdiction in these cases. ( Id. (05/13/2022 Docket Order).) The parties in this case are directed to attend that conference, and will be given an opportunity to be heard, as the Court's decision on the issue will likely determine whether the Court remands this case for lack of subject matter jurisdiction. The hearing will be held by video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video hearing by calling 1 (650) 479-3207 and entering access code 2304 719 3799. Ordered by Judge Pamela K. Chen on 6/7/2022. (Stephan, Keegan) |
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| Monday, June 06, 2022 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Mon 06/06 3:48 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Mon 06/06 3:47 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) |
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| 1 | 1
notice
Notice of Removal
Mon 06/06 3:29 PM
NOTICE OF REMOVAL by Rutland Nursing Home, Inc. from Supreme Court Kings County, case number 508787/2022. ( Filing fee $ 402 receipt number ANYEDC-15632275) (Braverman, Dylan) |
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Att: 1
Exhibit Ex.A - S&C.pdf,
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Att: 2
Exhibit Ex.B - AOS of S&C.pdf,
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Att: 3
Exhibit Ex.C - Martinez - Rivera - Brief for Defendants-Appellants...pdf,
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Att: 4
Exhibit Ex.D - Leroy - Brief obo Brookdale Hospital Defendants.pdf,
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Att: 5
Exhibit Ex.E- Leroy - Brief obo Mt. Sinai Hospital Defendants.pdf,
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Att: 6
Exhibit Ex.F - Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume.pdf,
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Att: 7
Exhibit Ex.G - Martinez Brief obo Pltf-Appellee.pdf,
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Att: 8
Exhibit Ex.H - Leroy - Reply Brief obo Defendants..pdf,
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Att: 9
Exhibit Ex.I - Leroy Reply Brief obo Co-Def.pdf,
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Att: 10
Exhibit Ex.J - Rivera-Zayas - Reply Brief.pdf,
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Att: 11
Exhibit Ex.K - Amicus Briefs pending before the Second Circuit.pdf,
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Att: 12
Exhibit Ex.L- Chamber of Commerce AMA Amicus Brief.pdf,
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Att: 13
Exhibit Ex.M - Motion to File Amicus Curiae Brief & Proposed Amicus Brief.pdf,
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Att: 14
Exhibit Ex.N - US Statement of Interest (M.D. Tenn) Centeno.,
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Att: 15
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Mon 06/06 3:46 PM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Taryn A. Merkl. 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) |
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misc
ECF Admission and Registration Notification - Removal
Mon 06/06 3:50 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. (Davis, Kimberly) |
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