Lozano v. Solomon, M.D. et al
| Altagracia Lozano |
| Robert Solomon, M.D., Lucy Palomino, NP, Third Avenue Radiology & Imaging, PC, Clairmont Health Center and United States |
| 1:2022cv02073 |
| March 14, 2022 |
| U.S. District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 U.S. Defendant |
| Plaintiff |
Docket Report
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Filing 4
STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties, by their respective counsel, pursuant to Federal Rule of Civil Procedure 41(a)(2), as follows: 1. The United States is hereby substituted as defendant in place of Claremont Family Health Care Center and Palomino. 2. Plaintiffs claims against the United States are dismissed without prejudice. 3. This action is hereby remanded to the Supreme Court of the State of New York, County of Bronx, as there is no longer federal subject matter jurisdiction due to the dismissal of the United States. 4. This Stipulation and Order of Dismissal (the "Stipulation and Order") may be executed in counterparts; a reproduced signature shall have the same force and effect as an original signature; and a facsimile or electronic copy of the Stipulation and Order shall have the same force and effect as an original. 5. The undersigned parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements or negotiations, oral or otherwise, between the undersigned parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. United States added. Clairmont Health Center and Lucy Palomino, NP terminated. United States terminated. (Signed by Judge Naomi Reice Buchwald on 3/21/2022) (mml) Transmission to Docket Assistant Clerk for processing.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 476 3 on 3/21/2022. (mml) |
| Filing 3 PROPOSED STIPULATION AND ORDER. Document filed by Clairmont Health Center, Lucy Palomino, NP..(Cowart, Brandon) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Cowart, Brandon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 802051/2021E..Document filed by Lucy Palomino, NP, Clairmont Health Center. (Attachments: #1 Exhibit A (Complaint), #2 Exhibit B (Certification)).(Cowart, Brandon) |
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