Roland v. Parker Jewish Institute for Health Care & Rehabilitation et al
| New York Eastern District Court | |
| Judge: | Gary R Brown |
| Referred: | Steven Tiscione |
| Case #: | 2:22-cv-05091 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Aug 26, 2022 |
| Terminated: | Aug 31, 2022 |
| Last checked: Wednesday Feb 22, 2023 4:11 AM EST |
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Defendant
ABC Corporation
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Defendant
ABC Partnership
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Defendant
Parker Jewish Institute for Health Care & Rehabilitation
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Represented By
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Plaintiff
Connie Roland
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Represented By
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| Docket last updated: 05/03/2024 11:59 PM EDT |
| Wednesday, June 14, 2023 | ||
| 7 | 7
appeal
USCA Mandate
Thu 06/15 11:35 AM
MANDATE of USCA 22-2098 as to6 Notice of Appeal, filed by Parker Jewish Institute for Health Care & Rehabilitation. The parties in the above-referenced case have filed a stipulation withdrawing this appealpursuant to FRAP 42. The stipulation is hereby "So Ordered". (CL) |
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| Monday, September 26, 2022 | ||
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appeal
Electronic Index to Record on Appeal
Mon 09/26 8:55 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.6 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. (Cox, Dwayne) |
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| Friday, September 23, 2022 | ||
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appeal
Notice of Appeal
Fri 09/23 12:33 PM
NOTICE OF APPEAL by Parker Jewish Institute for Health Care & Rehabilitation. Filing fee $ 505, receipt number ANYEDC-15970658. (Lawless, Megan) |
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| Wednesday, August 31, 2022 | ||
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order
Order of Remand to State Court
Wed 08/31 11:47 AM
Order of Remand to State Court. Defendant has removed this case from the Supreme Court of the State of New York, County of Nassau, Index Number 605343/2022, the complaint in which contains no allegations raising federal questions, principally pursuant to 28 USC Sec. 1441, on the ground that the complaint raises an embedded federal question, to wit: complete preemption under the PREP Act. However, this precise contention has been examined and rejected by numerous authorities, including but not limited to this Court's decision in Rivera-Zayas v. Our Lady of Consolation , 2021 WL 3549878 (EDNY 2021). Furthermore, the removal appears to run afoul of the "two-step maneuver" discussed in Rivera-Zayas and rejected by the Second Circuit decision in Sullivan v. Am. Airlines, Inc. , 424 F.3d 267, 276 (2d Cir. 2005). Plaintiff's claim to federal officer jurisdiction under 28 U.S.C. 1442 is so baseless as to not require further comment. As such, the case is REMANDED to the state court. The Clerk is directed to return the file to the state court and close the case. Ordered by Judge Gary R. Brown on 8/31/2022. c/ecf (Cowan, Timothy) |
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order
~Util - Terminate Civil Case
Thu 09/01 12:20 PM
Civil Case Terminated; Case closed as per 8/31/2022 Order to Remand. (Cubano, Jazmin) |
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| Tuesday, August 30, 2022 | ||
| 5 | 5
motion
Pre Motion Conference
Tue 08/30 10:53 AM
MOTION for pre motion conference by Parker Jewish Institute for Health Care & Rehabilitation. (Braverman, Dylan) |
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Att: 1
Exhibit Calendar Notices,
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Att: 2
Exhibit Stay Orders
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| Monday, August 29, 2022 | ||
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misc
Clerks Notice of Rule 73
Mon 08/29 9:59 AM
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. (Jakubowski, Laura) |
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misc
Quality Control Check - Attorney Case Opening
Mon 08/29 9:56 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
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utility
Case Assigned/Reassigned
Mon 08/29 9:59 AM
Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (Jakubowski, Laura) |
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| Friday, August 26, 2022 | ||
| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Fri 08/26 12:43 PM
Civil Cover Sheet.. Re1 Notice of Removal,,,, by Parker Jewish Institute for Health Care & Rehabilitation (Braverman, Dylan) |
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| 1 | 1
notice
Notice of Removal
Fri 08/26 12:39 PM
NOTICE OF REMOVAL by Parker Jewish Institute for Health Care & Rehabilitation d/b/a Parker Jewish Institute for Health Care & Rehab from Supreme Court, Nsassau County, case number 605343/2022. ( Filing fee $ 402 receipt number ANYEDC-15882891) (Braverman, Dylan) |
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Att: 1
Exhibit S&C,
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Att: 2
Exhibit AOS of S&C,
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Att: 3
Exhibit Martinez - Rivera - Brief for Defendants-Appellants,
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Att: 4
Exhibit Leroy - Brief obo Brookdale Hospital Defendants,
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Att: 5
Exhibit Leroy - Brief obo Mt. Sinai Hospital Defendants,
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Att: 6
Exhibit Leroy - 2nd Circuit - Plaintiff's Brief in Leroy v. Hume,
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Att: 7
Exhibit Martinez Brief obo Pltf-Appellee.,
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Att: 8
Exhibit Leroy - Reply Brief obo Defendants,
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Att: 9
Exhibit Leroy Reply Brief obo Co-Def,
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Att: 10
Exhibit Rivera-Zayas - Reply Brief,
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Att: 11
Exhibit Amicus Briefs pending before the Second Circuit,
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Att: 12
Exhibit Chamber of Commerce AMA Amicus Brief,
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Att: 13
Exhibit Motion to File Amicus Curiae Brief & Proposed Amicus Brief,
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Att: 14
Exhibit US Statement of Interest (M.D. Tenn) Centeno.
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