Johanna Carlino v. Eger Health Care & Rehabilitation Center
| New York Eastern District Court | |
| Judge: | Nina R Morrison |
| Referred: | Vera M Scanlon |
| Case #: | 1:22-cv-07352 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1331 Fed. Question: Medical Malpractice |
| Case Filed: | Dec 05, 2022 |
| Terminated: | May 11, 2023 |
| Case in other court: | Supreme Court, Kings County, 152035/2022 |
| Last checked: Saturday Jun 03, 2023 5:04 AM EDT |
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Defendant
Eger Health Care & Rehabilitation Center
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Represented By
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Plaintiff
Johanna Carlino
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Represented By
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| Docket last updated: 5 hours ago |
| Thursday, May 11, 2023 | ||
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order
Order of Remand to State Court
Thu 05/11 10:27 AM
ORDER OF REMAND--In light of the11 Stipulation and the Second Circuit's decisions in Solomon v. St. Joseph Hosp. , 62 F.4th 54 (2d Cir. 2023), Leroy v. Hume , No. 21-2158 CV, 2023 WL 2928353 (2d Cir. Apr. 13, 2023), and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr. , No. 21-2164 CV, 2023 WL 2926286 (2d Cir. Apr. 13, 2023), the Court remands this action to the Supreme Court of the State of New York, County of Richmond, case number 152035/2022. The Clerk of Court is directed to send a certified copy of this Order to the Clerk of the Supreme Court of the State of New York, County of Richmond, and to close the case.Ordered by Judge Nina R. Morrison on 5/11/2023. (LK) |
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| Wednesday, May 10, 2023 | ||
| 11 | 11
misc
Stipulation
Wed 05/10 2:42 PM
STIPULATION of Remand by Eger Health Care & Rehabilitation Center (Lawless, Megan) |
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| Tuesday, May 09, 2023 | ||
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order
Status Report Order
Tue 05/09 1:45 PM
STATUS REPORT ORDER. The parties are directed to file a status report on or before 5/16/2023. Ordered by Judge Nina R. Morrison on 5/9/2023. (LK) |
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| Tuesday, April 04, 2023 | ||
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order
Status Report Order
Tue 04/04 6:57 PM
ORDER: The Court is in receipt of the parties'10 status report. The parties are directed to file a further status report within one week of the Second Circuit's decision in either Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al. , No. 21-2164 or Leroy v. Hume , Nos. 21-2158 & 21-2159 or by June 5, 2023, whichever date is earlier. Ordered by Judge Nina R. Morrison on 4/4/2023. (LK) |
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| Monday, April 03, 2023 | ||
| 10 | 10
misc
Letter
Mon 04/03 5:03 PM
Letter Joint Status Report on Second Circuit Appeals by Eger Health Care & Rehabilitation Center (Lawless, Megan) |
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| Tuesday, February 28, 2023 | ||
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order
Order(Other)
Tue 02/28 5:50 PM
ORDER regarding9 Status Report. Counsel shall file a further status report on or before April 29, 2023.Ordered by Judge Nina R. Morrison on 2/28/2023. (LK) |
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| Monday, February 27, 2023 | ||
| 9 | 9
misc
Letter
Mon 02/27 12:14 PM
Letter (Joint) Status Report on Second Circuit Appeals by Eger Health Care & Rehabilitation Center (Lawless, Megan) |
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| Wednesday, December 21, 2022 | ||
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order
Order on Motion for Pre Motion Conference Order Staying Case
Wed 12/21 4:07 PM
ORDER staying proceedings--The Court concludes that a stay of proceedings is appropriate in this case. Motion practice is held in abeyance pending the Second Circuit's decisions in Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, et al. , No. 21-2164 and Leroy v. Hume , Nos. 21-2158 & 21-2159 which may be instructive on the jurisdictional questions posed in the instant litigation. In cases presenting similar issues, courts in this district have issued stays and denied parties' pre-motion conference requests pending the disposition of Leroy and Rivera-Zayas before the Second Circuit. See, e.g. , No. 22-cv-05373, Ottomano v. St. Johnland Nursing Center, Inc. , November 7, 2022 Order (E.D.N.Y.); No. 22-cv-03189, Kump v. Chapin Home for the Aging , July 19, 2022 Order (E.D.N.Y.); No. 22-cv-05314, Miller v. St. Johnland Nursing Center , Nov. 24, 2022 Electronic Order (E.D.N.Y.). Defendant's5 request for a pre-motion conference is DENIED without prejudice to renew. Further, the deadline for Plaintiff to file a motion to remand is held in abeyance. The parties shall submit a joint status report within one week of the Second Circuit's decision in either of the two aforementioned appeals, or by March 1, 2023, whichever date is earlier. Ordered by Judge Nina R. Morrison on 12/21/2022. (LK) |
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| Tuesday, December 13, 2022 | ||
| 8 | 8
notice
Notice of Appearance
Tue 12/13 12:23 PM
NOTICE of Appearance by Dylan C. Braverman on behalf of Eger Health Care & Rehabilitation Center (notification declined or already on case) (Braverman, Dylan) |
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| 7 | 7
notice
Notice of Appearance
Tue 12/13 12:14 PM
NOTICE of Appearance by Jennifer Marie Lobaito on behalf of Eger Health Care & Rehabilitation Center (aty to be noticed) (Lobaito, Jennifer) |
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order
Order on Motion to Adjourn Conference
Tue 12/13 1:39 PM
ORDER. The motion at6 is granted. Discovery is stayed pending motion practice. If the action continues after motion practice, counsel are to contact the Magistrate Judge within seven days of the Court's decision on the motion to dismiss. Ordered by Magistrate Judge Vera M. Scanlon on 12/13/2022. (GS) |
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| Saturday, December 10, 2022 | ||
| 6 | 6
motion
Adjourn Conference
Sat 12/10 10:22 AM
Consent MOTION to Adjourn Conference and Parties' Discovery Obligations (on consent) by Eger Health Care & Rehabilitation Center. (Lawless, Megan) |
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| Friday, December 09, 2022 | ||
| 5 | 5
motion
Pre Motion Conference
Fri 12/09 3:34 PM
First MOTION for pre motion conference and to Hold Motion Practice in Abeyance by Eger Health Care & Rehabilitation Center. (Lawless, Megan) |
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Att: 1
Exhibit Stay Orders
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| 4 | 4
notice
Notice of Appearance
Fri 12/09 11:15 AM
NOTICE of Appearance by Joseph Ciaccio on behalf of Johanna Carlino (notification declined or already on case) (Ciaccio, Joseph) |
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order
Status Report Order
Fri 12/09 12:20 PM
ORDER. In light of the extensive filings as to jurisdiction and immunity at1 , within 21 days of the date of this Order, counsel are to submit a joint letter as to their respective positions as to whether discovery should proceed at this time or be stayed. Upon review, the Court will determine if a conference is necessary. Ordered by Magistrate Judge Vera M. Scanlon on 12/9/2022. (GS) |
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| Monday, December 05, 2022 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Mon 12/05 3:51 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Mon 12/05 3:50 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. (KD) |
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| 1 | 1
notice
Notice of Removal
Mon 12/05 2:16 PM
NOTICE OF REMOVAL by Eger Health Care & Rehabilitation Center from Supreme Court, case number 152035/2022. ( Filing fee $ 402 receipt number ANYEDC-16195641) (Braverman, Dylan) |
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Att: 1
Exhibit Summons and Complaint,
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Att: 2
Exhibit Accepted service,
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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- 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-Appelle,
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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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Att: 15
Civil Cover Sheet Civil Cover Sheet
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utility
Case Assigned/Reassigned
Mon 12/05 3:46 PM
Case Assigned to Judge Nina Morrison and Magistrate Judge Vera M. Scanlon. 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. (KD) |
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misc
ECF Admission and Registration Notification - Removal
Mon 12/05 3:51 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. (KD) |
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