| Court: | nysd |
| Docket #: | 1:00-cv-05173 |
| Case Name: | Fernicola, et al v. Healthcare, et al |
| PACER case #: | 7269 |
| Date filed: | 2000-07-13 |
| Date terminated: | 2001-12-28 |
| Assigned to: | Judge Michael B. Mukasey |
| Case Cause: | 28:1331 Fed. Question: Other |
| Nature of Suit: | 290 Real Property: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Robert Fernicola Plaintiff |
Robert Fernicola |
| Donna Fernicola Plaintiff |
Donna Fernicola |
| Jake Fernicola Plaintiff |
Jake Fernicola |
| Anthony Fernicola Plaintiff |
Anthony Fernicola |
| Healthcare Underwriters Mutual Insurance Co. Defendant specific real property in its possession, custody, and control |
Catherine A. Gale Michael Isidoro Verde |
| Medical Liability Mutual Insurance Co. Defendant specific real property in its possession, custody, and control |
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| Frontier Insurance Co.-Holding Company Defendant specific real property in its possession, custody, and control |
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| Hanys Insurance Co. Defendant specific real property in its possession, custody and control also known asSt. Elizabeth's Hospital Insurance Association Co. |
Cara E. Johnson |
| Superintendent Defendant of New York State Insurance Division-Fund-Federal Reinsurance Program, specific real property in its possession, custody and control |
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| Toyota Motor Credit Corporation Defendant specific real property in its possession, custody and control |
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| American Manufacturers Mutual Insurance Co. Defendant specific real property in its possession, custody and control |
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| Neil D. Levin Defendant |
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| Sally Geisel Defendant |
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| Paul Cohen Defendant |
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| Paul DeRebertis Defendant |
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| James Conti Defendant |
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| Elizabeth McCaul Defendant |
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| Teri Paul Defendant |
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| Matthew J. Neuren Defendant TERMINATED: 10/12/2000 |
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| M.D. Thomas F. Ryan Defendant TERMINATED: 10/12/2000 |
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| Beverly Maliner Defendant TERMINATED: 10/12/2000 also known asM.D. Carmenchita Maliner |
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| M.D. Vincent Delalla, Jr. Defendant TERMINATED: 10/12/2000 also known asVincent Delalla, Jr., M.D., P.C. |
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| Norman S. Andrejewski Defendant TERMINATED: 10/12/2000 |
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| Patricia Lanphear Defendant TERMINATED: 10/12/2000 |
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| Victoria Ventresca Defendant TERMINATED: 10/12/2000 |
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| Alexander Treadwell Defendant |
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| Theodore Mohr Defendant TERMINATED: 10/12/2000 |
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| Ralph Eannace, Jr. Defendant TERMINATED: 10/12/2000 |
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| M.D. Barbara DeBuono Defendant TERMINATED: 10/12/2000 |
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| Marie Briscoe Defendant TERMINATED: 10/12/2000 |
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| Dennis Vacco Defendant et. al. TERMINATED: 10/12/2000 |
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| St. Elizabeth's Hospital Defendant also known asSt. Elizabeth Medical Center |
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| Gerald Cassidy Defendant |
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| Catherine Gale Defendant |
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| Sister Roseann Vincent Defendant |
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| M.D. Andrew Patterson Defendant |
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| Paul Brown Defendant |
Anne Patrice Richter |
| Robert Markowitz Defendant |
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| Harry Rhulan Defendant |
Steven M. Sold |
| Alan Goldberg Defendant |
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| Eliot Spitzer Defendant |
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| Verizon Communications Inc. Defendant formerly known asBell Atlantic Corp. doing business asVerizon Communications |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2000-07-13 | 1 | 0 | COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 378570. (bm) (Entered: 07/17/2000) | |||
| 2000-07-28 | 2 | 0 | Affidavit of service of the Third-Party Summons & Complaint as to Medical Liability by personal service on 7/14/00 . Answer due on 8/3/00 for Medical Liability . (pl) (Entered: 08/01/2000) | |||
| 2000-08-16 | 3 | 0 | NOTICE OF MOTION by Teri Paul, Toyota Motor Credit for an order, purs. to Rule 12 & 56 of the FRCP, dismissing the Complaint as against Deft Paul on the grounds that (1) the Complaint fails to state a claim upon which relief can be granted, (2) lack of in-personam jurisdiction over Paul and (3) insufficiency of service of process on Paul, and as against Deft TMCC on the grounds that (1) the Court lacks jurisdiction over the subject matter of the dispute, and (2) the Complaint fails to state a claim upon which relief can be granted against TMCC, or in the alternative because because there are no material facts in dispute, entitling TMCC to judgment as a matter of law ; and for an order, for sanctions purs. to Rule 11 of the FRCP ; Return date 8/31/00. Affidavit of Robert A. Milana in support attached. (sac) (Entered: 08/17/2000) | |||
| 2000-08-16 | 4 | 0 | MEMORANDUM OF LAW by Teri Paul, Toyota Motor Credit in support of [3-1] motion for an order, purs. to Rule 12 & 56 of the FRCP, dismissing the Complaint as against Deft Paul on the grounds that (1) the Complaint fails to state a claim upon which relief can be granted, (2) lack of in-personam jurisdiction over Paul and (3) insufficiency of service of process on Paul, and as against Deft TMCC on the grounds that (1) the Court lacks jurisdiction over the subject matter of the dispute, and (2) the Complaint fails to state a claim upon which relief can be granted against TMCC, or in the alternative because because there are no material facts in dispute, entitling TMCC to judgment as a matter of law, [3-2] motion for an order, for sanctions purs. to Rule 11 of the FRCP. (sac) (Entered: 08/17/2000) | |||
| 2000-08-16 | 5 | 0 | RULE 56.1 STATEMENT filed by Teri Paul, Toyota Motor Credit (sac) (Entered: 08/17/2000) | |||
| 2000-08-16 | 6 | 0 | NOTICE TO PRO SE LITIGANTS OPPOSING SUMMARY JUDGMENT PURS. TO LOCAL CIVIL RULE 56.2 by Teri Paul, Toyota Motor Credit (sac) (Entered: 08/17/2000) | |||
| 2000-08-21 | 7 | 0 | ANSWER to Complaint by Healthcare (Attorney Michael I. Verde, Catherine A. Gale from the Firm: Rosenman & Colin, LLP) . (pl) (Entered: 08/23/2000) | |||
| 2000-08-21 | 8 | 0 | RULE 1.9 CERTIFICATE filed by Healthcare . (pl) (Entered: 08/23/2000) | |||
| 2000-08-25 | 9 | 0 | ORDER; the conference scheduled in this case is adjourned to 9/12/00 at 9:15 AM in Room 21B, 500 Pearl St. Failure to appear may result in the imposition of sanctions including entry of a judgment against the party failing to appear . Defts who have not yet answered or moved with respect to the complaint are to do so by 9/12/00 . Discovery and all other proceedings are stayed pending further order of the Court . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (sn) (Entered: 08/28/2000) | |||
| 2000-09-05 | 10 | 0 | ANSWER (Attorney Steven M. Sold) to third-party complaint filed by Frontier Insurance Co. Firm of Slevin, Sold, Neubardt, Weisma by Attorney Steven M. Sold. (sn) (Entered: 09/06/2000) | |||
| 2000-09-11 | 11 | 0 | NOTICE OF MOTION by Neil D. Levin, Sally Geisel, Paul Cohen, Paul DeRebertis, James Conti, Elizabeth McCaul; for an Order, purs. to Rules 12(b)(1) and (b)(6) of the FRCP dismissing the complaint for lack of subject matter jurisdiction and because the complaint fails to state a claim upon which relief can be granted ; Return date 10/13/00. (jp) (Entered: 09/12/2000) | |||
| 2000-09-11 | 12 | 0 | MEMORANDUM OF LAW by Neil D. Levin, Sally Geisel, Paul Cohen, Paul DeRebertis, James Conti, Elizabeth McCaul in support of [11-1] motion for an Order, purs. to Rules 12(b)(1) and (b)(6) of the FRCP dismissing the complaint for lack of subject matter jurisdiction and because the complaint fails to state a claim upon which relief can be granted . (jp) (Entered: 09/12/2000) | |||
| 2000-09-19 | 13 | 0 | Letter filed by Medical Liability addressed to Judge Mukasey from George V. Pappachen, Jr., dated 8/14/00, re: counsel requests the Court's assistance on the manner of appropriate response and further handling w/ respect to the summons and complt.; docket as per chambers (lf) (Entered: 09/20/2000) | |||
| 2000-09-21 | 14 | 0 | ORDER; leave to file an amended complaint is granted. Pltffs are to serve their amended complaint by 10/13/00. Motions to dismiss addressed to the amended complaint are to be served by 11/17/00. Answering papers are to be served by 12/27/00. Replies may be served by 1/12/01. Motions by the state defts and defts Teri Paul and Toyota Motor Credit Corp. to dismiss the initial complaint are denied as moot. All discovery is stayed pending further order of the Court. ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (sac) (Entered: 09/21/2000) | |||
| 2000-09-26 | 15 | 0 | ANSWER to Complaint by Hanys Insurance Co. (Attorney Cara E. Johnson from the Firm: Iseman, Cunningham, Riester & Hyde, LLP). (sac) (Entered: 09/27/2000) | |||
| 2000-09-26 | 16 | 0 | RULE 1.9 CERTIFICATE filed by Hanys Insurance Co. (sac) (Entered: 09/27/2000) | |||
| 2000-09-28 | 17 | 0 | ORDER, plaintiffs are to serve all defendants, whether or not they answered the original complaint, with a copy of the amended complaint, by 11/17/00 ; plaintiffs' application for entry of a default judgment against defendants Medical Liability Mutual Insurance Co., American Manufacturers Mutual Insurance Co., and Matthew J. Nueren is denied . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (kw) (Entered: 10/05/2000) | |||
| 2000-10-12 | 18 | 0 | AMENDED COMPLAINT by Robert Fernicola, Donna Fernicola, Jake Fernicola, Anthony Fernicola (Answer due 10/25/00 for Alexander Treadwell, for Teri Paul, for Elizabeth McCaul, for James Conti, for Paul DeRebertis, for Paul Cohen, for Sally Geisel, for Neil D. Levin, for American, for Toyota Motor Credit, for Superintendent, for Hanys Insurance Co., for Frontier Insurance, for Medical Liability, for Healthcare) amending [1-1] complaint against St. Elizabeth's Hos., Gerald Cassidy, Catherine Gale, Roseann Vincent, Andrew Patterson, Paul Brown, Robert Markowitz, Harry Rhulan, Alan Goldberg, Eliot Spitzer, Bell Atlantic Corp.; Summons issued. (sac) (Entered: 10/18/2000) | |||
| 2000-11-13 | 19 | 0 | ORDER; for the reasons stated herein, pltffs' motion to disqualify the Attorney General from representing any deft in this action is denied . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (sn) (Entered: 11/13/2000) | |||
| 2000-11-13 | 20 | 0 | ORDER; for the reasons stated herein, pltffs' motion to disqualify Catherine Gale and her firm from representing any deft in this action is denied. Pltffs are notified that any similar application with respect to any other deft similarly situated will be ruled on precisely the same way, and are directed to refrain from making any further meritless applications of this sort . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (sn) (Entered: 11/13/2000) | |||
| 2000-11-13 | 21 | 0 | Letter filed by Robert Fernicola, Donna Fernicola addressed to Judge Mukasey from Robert & Donna Fernicola, dated 10/28/00, re: request that the Court disqualify Eliot Spitzer along with the NYS Attorney General's office from representing the other State defts in this action. (Docket and file as per Chambers) (sn) (Entered: 11/15/2000) | |||
| 2000-11-15 | 22 | 0 | AMENDED ANSWER to Amended Complaint by Frontier Insurance. (sn) (Entered: 11/16/2000) | |||
| 2000-11-17 | 23 | 0 | NOTICE OF MOTION by Verizon Communications zinc. f/k/a/ Bell Atlantic Corp.; for an order pursuant to Rules 8 and 12(b)(6) of the F.R.C.P. to dismiss the amended complaint as to Bell Atlantic ; w/ attch. affidavit in support by Richard H. Wagner; Return date: 1/12/01. (pl) Modified on 11/20/2000 (Entered: 11/20/2000) | |||
| 2000-11-17 | 24 | 0 | NOTICE OF MOTION by Toyota Motor Credit, Teri Paul; for an order pursuant to Rules 9,10 and 56 of the F.R.C.P. to dismiss the Amended Complaint ; for sanctions pursuant to Rule 11 ; w/ attch aff. in support by Robert A. Milana; Return date: 1/19/01. (pl) (Entered: 11/20/2000) | |||
| 2000-11-17 | 25 | 0 | MEMORANDUM OF LAW by Verizon Communications, Inc. f/k/a Bell Atlantic Corp. in support of [23-1] motion for an order pursuant to Rules 8 and 12(b)(6) of the F.R.C.P. to dismiss the amended complaint as to Bell Atlantic . (pl) (Entered: 11/20/2000) | |||
| 2000-11-17 | 26 | 0 | RULE 1.9 CERTIFICATE filed by Bell Atlantic Corp. . (pl) (Entered: 11/20/2000) | |||
| 2000-11-17 | 27 | 0 | NOTICE to Pro Se Litigants opposing re: [23-1] motion for an order pursuant to Rules 8 and 12(b)(6) of the F.R.C.P. to dismiss the amended complaint as to Bell Atlantic (pl) (Entered: 11/20/2000) | |||
| 2000-11-17 | 28 | 0 | MEMORANDUM OF LAW by Toyota Motor Credit, Teri Paul in support of [24-1] motion for an order pursuant to Rules 9,10 and 56 of the F.R.C.P. to dismiss the Amended Complaint, [24-2] motion for sanctions pursuant to Rule 11 . (pl) (Entered: 11/20/2000) | |||
| 2000-11-17 | 29 | 0 | RULE 56.1 STATEMENT filed by Toyota Motor Credit, Teri Paul (pl) (Entered: 11/20/2000) | |||
| 2000-11-22 | 30 | 0 | ACKNOWLEDGEMENT OF SERVICE of the Amended Complaint as to Paul Brown by Anne Richter on 11/17/00. Answer due on 12/7/00 for Paul Brown (cd) (Entered: 11/27/2000) | |||
| 2000-11-27 | 31 | 0 | ORDER; that, on application by deft Hanys Insurance Company, Inc., the time in which defts are to serve motions to dismiss is extended to 1/12/01 ; pltffs are to serve a written statement of fact in response to defts' motions by 2/23/01. Replies may be served by 3/16/01 . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (jp) (Entered: 11/27/2000) | |||
| 2000-11-27 | 32 | 0 | Letter filed addressed to Franci Schwartz from Robert & Donna Fernicola, dated 11/15/00, . (jp) (Entered: 11/28/2000) | |||
| 2000-11-27 | 33 | 0 | Letter filed addressed to Donna Fernicola from George Pappachen, dated 10/24/00, . (jp) (Entered: 11/28/2000) | |||
| 2000-11-27 | 34 | 0 | Letter filed addressed to Gerald Cassidy, Andrew Patterson, Harry Rhulan & Robert Markowitz, from Donna Fernicola, dated 10/16/00, . (jp) (Entered: 11/28/2000) | |||
| 2000-12-06 | 35 | 0 | ANSWER to Amended Complaint by Harry Rhulan (Attorney Steven M. Sold from the Firm: Slevin Sold Neubardt Weisman et al). (lam) (Entered: 12/08/2000) | |||
| 2000-12-07 | 36 | 0 | NOTICE OF MOTION by Robert Fernicola, Donna Fernicola for an order staying any and all further District Court proceedings as it specifically and only pertains to defendant Bell Atlantic Corporation d/b/a Verizon Communications until such time the Federal Communications finalizes its review of the facts, evidence and witnesses purs to 47 C.F.R. section 717 et seq in this action ; . Return date 12/18/00. (djc) (Entered: 12/11/2000) | |||
| 2000-12-11 | 37 | 0 | Request to enter default against Paul Brown. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 38 | 0 | Request to enter default against Robert Markowitz. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 39 | 0 | Request to enter default against Andrew Patterson. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 40 | 0 | Request to enter default against Alexander Treadwell. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 41 | 0 | Request to enter default against Eliot Spitzer. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 42 | 0 | Request to enter default against Alan Goldberg. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 43 | 0 | Request to enter default against Catherine Gale. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 44 | 0 | Request to enter default against Gerald Cassidy. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 45 | 0 | Request to enter default against St. Elizabeth's Hos. Request entered 12/11/00. (jp) (Entered: 12/12/2000) | |||
| 2000-12-11 | 46 | 0 | Request to enter default against Roseann Vincent (jp) (Entered: 12/12/2000) | |||
| 2000-12-13 | 47 | 0 | MEMORANDUM OF LAW by Bell Atlantic Corp. in opposition to [36-1] motion for an order staying any and all further District Court proceedings as it specifically and only pertains to defendant Bell Atlantic Corporation d/b/a Verizon Communications until such time the Federal Communications finalizes its review of the facts, evidence and witnesses purs to 47 C.F.R. section 717 et seq in this action . (cd) (Entered: 12/14/2000) | |||
| 2000-12-27 | 48 | 0 | Request to enter default against St. Elizabeth's Hos. (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 49 | 0 | Request to enter default against Gerald Cassidy (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 50 | 0 | Request to enter default against Catherine Gale (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 51 | 0 | Request to enter default against Roseann Vincent (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 52 | 0 | Request to enter default against Andrew Patterson (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 53 | 0 | Request to enter default against Paul Brown (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 54 | 0 | Request to enter default against Robert Markowitz (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 55 | 0 | Request to enter default against Alan Goldberg (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 56 | 0 | Request to enter default against Alexander Treadwell (jp) (Entered: 12/28/2000) | |||
| 2000-12-27 | 57 | 0 | Request to enter default against Eliot Spitzer (jp) (Entered: 12/28/2000) | |||
| 2000-12-28 | 58 | 0 | ORDER; pltffs have filed requests for entry of default as to defts Paul Brown, Robert Markowitz, Andrew Patterson, Alexander Treadwell, Eliot Spitzer, Alan Goldberg, Catherine Gale, Gerald Cassidy, St. Elizabeth's Hospital and Sister Roseann Vicent; by order 11/20/00, the Court extended to 1/12/01, defts' time to serve motions to dismiss; as noted by this Court in orders dated 11/7/00 and 11/9/00, it is not clear that the amended complt. in this case states a claim upon which relief can be granted; pltffs' request for entry of default is denied , and pltffs are directed not to file any further such requests without leave of the Court ; the parties are reminded that discovery is stayed pending further order of the Court ; ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (lf) (Entered: 12/28/2000) | |||
| 2001-01-03 | 59 | 0 | ORDER; the Court by order dated 12/26/00 denied pltffs' requests for entry of default as to defts Paul Brown, Robert Markowitz, Andrew Patterson, Alexander Treadwell, Eliot Spitzer, Alan Goldberg, Catherine Gale, Gerald Cassidy, St Elizabeth's hospital and Sister Roseann Vincent; pltffs on 12/27/00 resubmitted requests for entry of default as to those defts; for the reasons set forth in this Court's 12/26/00 order pltffs' reuqests for entry of default is once again denied and the Clerk of the Court is directed not to accept any such requests pending further order of the Court ; ( signed by Chief Judge Michael B. Mukasey ); Copies mailed; forwarded copy of doc. to Cashier's Office (lf) (Entered: 01/03/2001) | |||
| 2001-01-08 | 60 | 0 | Affidavit of service of Amended Summons and Complaint as to Bell Atlantic Corp. by Lisa Robinson, personal service on 11/6/00. Answer due on 11/27/00 for Bell Atlantic Corp. . (pl) (Entered: 01/16/2001) | |||
| 2001-01-12 | 61 | 0 | NOTICE OF MOTION by Paul Brown; for an Order, purs. to FRCP 12(b)(6) dismissing the pltffs complaint in its entirety ; Return date 1/12/01. Documents in support of motion attached. (jp) (Entered: 01/16/2001) | |||
| 2001-01-12 | 62 | 0 | MEMORANDUM OF LAW by Paul Brown in support of [61-1] motion for an Order, purs. to FRCP 12(b)(6) dismissing the pltffs complaint in its entirety . (jp) (Entered: 01/16/2001) | |||
| 2001-01-12 | 63 | 0 | NOTICE OF MOTION by Healthcare, St. Elizabeth's Hos., Gerald Cassidy, Catherine Gale, Roseann Vincent; for an Order, purs. to Rules 4,8,9(b) and 12(b) of the FRCP dismissing the amended complaint as against defts Hospital, HUM, Catherine A. Gale, Gerald Cassidy and Sr. Rose ; for an Order granting permanent injunctive relief enjoining pltffs as further set forth on this motion ; Return date 3/16/01. Documents in support of motion attached. (jp) (Entered: 01/16/2001) | |||
| 2001-01-12 | 64 | 0 | MEMORANDUM OF LAW by Healthcare, St. Elizabeth's Hos., Gerald Cassidy, Catherine Gale, Roseann Vincent in support of [63-1] motion for an Order, purs. to Rules 4,8,9(b) and 12(b) of the FRCP dismissing the amended complaint as against defts Hospital, HUM, Catherine A. Gale, Gerald Cassidy and Sr. Rose, [63-2] motion for an Order granting permanent injunctive relief enjoining pltffs as further set forth on this motion . (jp) (Entered: 01/16/2001) | |||
| 2001-01-16 | 65 | 0 | NOTICE OF MOTION by Harry Rhulan, Alan Goldberg, Frontier Insurance Company; for an order pur. to Rules 12 and 56 of the F.R.C.P. dismissing the complt. as against defts Frontier, Rhulen and Goldberg ; Return date 3/16/01; Local Rule 56.1 Statement attached; Notice To Pro Se Litigant Opposing Motion For Summary Judgment attached; Affirmation of Steven M. Sold in support of deft's motion for summary jdgmt.i or in the alternative, dismissal of the complt. attached (lf) Modified on 01/17/2001 (Entered: 01/17/2001) | |||
| 2001-01-16 | 66 | 0 | MEMORANDUM OF LAW by Harry Rhulan, Alan Goldberg, Frontier Insurance in support of [65-1] motion for an order pur. to Rules 12; [65-2] motion 56 of the F.R.C.P. dismissing the complt. as against defts Frontier, Rhulen and Goldberg . (lf) (Entered: 01/17/2001) | |||
| 2001-01-17 | 67 | 0 | NOTICE OF MOTION by Hanys Insurance Co., Robert Markowitz; for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to the defts , or, in the alternative, for an Order, purs. to Rule 12(b) of the FRCP dismissing the amended complaint ; Return date 3/16/01. Exhibits attached. (jp) (Entered: 01/18/2001) | |||
| 2001-01-17 | 68 | 0 | MEMORANDUM OF LAW by Hanys Insurance Co., Robert Markowitz in support of [67-1] motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to the defts, [67-2] motion for an Order, purs. to Rule 12(b) of the FRCP dismissing the amended complaint . (jp) (Entered: 01/18/2001) | |||
| 2001-01-17 | 69 | 0 | AFFIDAVIT of Cara E. Johnson by Hanys Insurance Co., Robert Markowitz in support of [67-1] motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to the defts, [67-2] motion for an Order, purs. to Rule 12(b) of the FRCP dismissing the amended complaint . (jp) (Entered: 01/18/2001) | |||
| 2001-01-17 | 70 | 0 | AFFIRMATION of Mark D. Morris by Hanys Insurance Co., Robert Markowitz in support of [67-1] motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to the defts, [67-2] motion for an Order, purs. to Rule 12(b) of the FRCP dismissing the amended complaint . (jp) (Entered: 01/18/2001) | |||
| 2001-01-17 | 71 | 0 | AFFIRMATION of Robert Markowitz by Hanys Insurance Co., Robert Markowitz in support of [67-1] motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to the defts, [67-2] motion for an Order, purs. to Rule 12(b) of the FRCP dismissing the amended complaint . (jp) (Entered: 01/18/2001) | |||
| 2001-01-17 | 72 | 0 | RULE 56.1 STATEMENT filed by Hanys Insurance Co., Robert Markowitz (jp) (Entered: 01/18/2001) | |||
| 2001-01-17 | 73 | 0 | NOTICE to Pro Se Litigant opposing motion for summary judgment, filed by Hanys Insurance Co., Robert Markowitz. (jp) (Entered: 01/18/2001) | |||
| 2001-01-23 | 74 | 0 | ORDER, that defts' motion to dismiss deadline is reset for 1/12/01; pltff's response to motion deadline reset for 2/23/01; reply to response to motion deadline reset for 3/16/01 ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (lam) (Entered: 01/24/2001) | |||
| 2001-01-28 | 75 | 0 | NOTICE OF MOTION by Medical Liability, Andrew Patterson for an order purs. to Rules 12(b) and 56 of the F.R.C.P. dismissing the amended complaint as against defts . Defts further move for an order enjoining pltffs from instituting any further proceedings against defts, or those in privity with them, based upon the same operative facts alleged in the amended complaint . Return date 3/16/01. Affirmation of George V. Pappachen, Jr. in support attached. (sn) Modified on 01/30/2001 (Entered: 01/30/2001) | |||
| 2001-01-28 | 76 | 0 | MEMORANDUM OF LAW by Medical Liability, Andrew Patterson in support of [75-1] motion for an order purs. to Rules 12(b) and 56 of the F.R.C.P. dismissing the amended complaint as against defts; [75-2] motion for an order enjoining pltffs from instituting any further proceedings against defts, or those in privity with them, based upon the same operative facts alleged in the amended complaint. (sn) (Entered: 01/30/2001) | |||
| 2001-02-07 | 77 | 0 | Letter filed by Robert A. Milana addressed to Judge Mukasey from Robert A. Milana, dated 1/22/01, re: defendants write to seek the Courts guidance in connection with the Plaintiffs' Ntc. of Appeal/Petition for a Writ of Mandamus to the Second Circuit. (pl) (Entered: 02/07/2001) | |||
| 2001-01-31 | 78 | 0 | Letter filed by Donna Fernicola addressed to Judge Mukasey from Donna Fernicola, dated 1/26/01; re: requesting the Court to please deny the State Defendants' along with defendants Medical Liability Mutual and Andrew Patterson's rquest for an additional extension of time to submit their motion to dismiss. (pl) (Entered: 02/07/2001) | |||
| 2001-02-02 | 79 | 0 | Letter filed by Medical Liability addressed to Judge Mukasey from George V. Pappachen, Jr., dated 1/31/01, re: response to plaintiff's recent correspondence imploring the Court to deny dft's request for an extension of time to submit motions to dismiss. (pl) (Entered: 02/07/2001) | |||
| 2001-02-07 | 80 | 0 | ORDER, proceedings in this Court have not been stayed by the Court of Appeals, and the filing of a mandamus petition does not have the effect of ousting this Court of jurisdiction over this case, or otherwise staying proceedings. Accordingly, submission of motions and response thereto will proceed according to the schedule set by the Court, as amended in response to requests by the parties . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (kg) (Entered: 02/07/2001) | |||
| 2001-02-09 | 81 | 0 | NOTICE OF MOTION by Superintendent of Ins., Neil D. Levin, Sally Geisel, Paul Cohen, Paul DeRebertis, James Conti, Elizabeth McCaul, Alexander Treadwell, Eliot Spitzer to dismiss the amended complaint purs to Rules 12(b)(1) and 12(b)(6)of the FRCP . With affidavit in support of August L. Fietkau attached. Return date 4/13/01 @9:30am. (lam) (Entered: 02/14/2001) | |||
| 2001-02-09 | 82 | 0 | MEMORANDUM OF LAW by Superintendent, Neil D. Levin, Sally Geisel, Paul Cohen, Paul DeRebertis, James Conti, Elizabeth McCaul, Alexander Treadwell, Eliot Spitzer in support of [81-1] motion to dismiss the amended complaint purs to Rules 12(b)(1) and 12(b)(6)of the FRCP . (lam) (Entered: 02/14/2001) | |||
| 2001-02-21 | 83 | 0 | MEMORANDUM OF LAW by Verizon Communicat. in opposition to request for discovery. (sac) (Entered: 02/22/2001) | |||
| 2001-03-09 | 84 | 0 | MANDATE OF USCA (certified copy) Re: Petitioner has filed pr se, a petition of mandamus and a motion for appointment of cousnel. It is ORDERED that the petition for a writ of mandamus is denied and the motion for appointment of counsel is denied as moot. It if further ORDERED that the district court's order denying the entry of a default judgment and staying discovery, such appeal is dismissed. 01-3001, Roseann B. Mackechnie, Clerk (sl) (Entered: 03/09/2001) | |||
| 2001-03-21 | 85 | 0 | REPLY AFFIDAVIT of Robert A. Milana by Teri Paul, Toyota Motor Credit in support of their motion for summary judgment and dismissal. (pl) (Entered: 03/26/2001) | |||
| 2001-04-23 | 86 | 0 | NOTICE OF CROSS MOTION by Robert Fernicola, Donna Fernicola for an Order denying defts' Toyota Motor Credit Corp's and Teri Paul's motion for dismissal and/or for summary judgment and for an Order granting pltffs cross-motion for partial summary judgment ; Return date 5/3/01. Affidavit of Robert and Donna Fernicola in support of motion attached. (jp) (Entered: 04/26/2001) | |||
| 2001-04-23 | 87 | 0 | MEMORANDUM OF LAW by Robert Fernicola, Donna Fernicola in support of [86-1] cross motion for an Order denying defts' Toyota Motor Credit Corp's and Teri Paul's motion for dismissal and/or for summary judgment and for an Order granting pltffs cross-motion for partial summary judgment . (jp) (Entered: 04/26/2001) | |||
| 2001-04-23 | 88 | 0 | RULE 56.1 STATEMENT filed by Robert Fernicola, Donna Fernicola (jp) (Entered: 04/26/2001) | |||
| 2001-05-11 | 89 | 0 | Letter filed by Robert Fernicola addressed to Judge Mukasey from Robert Fernicola, dated 05/06/01, re: response to defendant Catherine Gale's letter to yor Honor. (djc) (Entered: 05/14/2001) | |||
| 2001-05-09 | 90 | 0 | NOTICE OF MOTION by Robert Fernicola, Donna Fernicola for an order, denying defts' motion for summary judgment as defective for failure to comply with the Court's earlier directive ; Return date 5/21/01. Affirmation of Robert Fernicola & Donna Fernicola in support attached. (sac) (Entered: 05/14/2001) | |||
| 2001-05-14 | 91 | 0 | ORDER, that pltffs; request for discovery is denied ; pltffs have sought an extension of time until 7/30/01 to respond to defts' motions; that request for an extension of time is granted; however, no further extensions of time will be granted, and if pltffs do not respond by 7/30/01, the pending motions to dismiss and for summary judgment will be granted by default ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (lam) (Entered: 05/16/2001) | |||
| 2001-05-17 | 92 | 0 | AFFIRMATION of Cara E. Johnson by Hanys Insurance Co., Robert Markowitz in opposition to: [90-1] motion for an order, denying defts' motion for summary judgment as defective for failure to comply with the Court's earlier directive. (jp) (Entered: 05/18/2001) | |||
| 2001-05-21 | 93 | 0 | NOTICE of substitution of attorney for Paul Brown by Anne P. Richter (sac) (Entered: 05/22/2001) | |||
| 2001-05-30 | 94 | 0 | AFFIRMATION of Steven M. Sold by Frontier Insurance, Harry Rhulan, Alan Goldberg in opposition to [90-1] motion for an order, denying defts' motion for summary judgment as defective for failure to comply with the Court's earlier directive. (kkc) (Entered: 06/05/2001) | |||
| 2001-06-05 | 95 | 0 | ORDER, substituting attorney Anne Patricia Richter and the firm of McManus Collura & Richter in place and stead of Conway, Farrell, Curtin & Kelly as attorneys for deft Paul Brown . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (kg) (Entered: 06/05/2001) | |||
| 2001-06-11 | 96 | 0 | ORDER; although pltffs have requested and received an extension of time until 7/30/01 to respond to defts' motions to dismiss and for summary judgment, arguing hardship and inability to prepare papers, they have filed what purports to be a cross-motion to deny the motions of defts Toyota Motor Credit Corp. and Teri Paul, and a motion of their own for summary judgment. Pltffs' purported cross-motion to deny the specified defts' motions will be taken as pltffs' response to that motion ; denying [86-1] cross motion for an Order denying defts' Toyota Motor Credit Corp's and Teri Paul's motion for dismissal and/or for summary judgment and for an Order granting pltffs cross-motion for partial summary judgment. Pltffs are barred from filing any further motions in this action. Pending further order of the Court, pltffs are to confine their submissions to responses to defts' motions. ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (sac) (Entered: 06/11/2001) | |||
| 2001-07-30 | 97 | 0 | REPLY AFFIDAVIT of Robert A. Milana by Teri Paul, Toyota Motor Credit in reply to pltff's opposition papers to TMCC's and Paul's motion to dismiss and/or for summary judgment. (sn) (Entered: 08/03/2001) | |||
| 2001-07-30 | 98 | 0 | REPLY MEMORANDUM by Toyota Motor Credit, Teri Paul to pltff's opposition papers for dismissal and/or for summary judgment. (sn) (Entered: 08/03/2001) | |||
| 2001-08-13 | 99 | 0 | Reply affirmation of Anne Richter by Paul Brown in support of [61-1] motion for an Order, purs. to FRCP 12(b)(6) dismissing the pltffs complaint in its entirety (cd) (Entered: 08/14/2001) | |||
| 2001-08-09 | 100 | 0 | COMBINED RESPONSE by Robert Fernicola, Donna Fernicola to dEFENDANTS' [81-1] motion to dismiss the amended complaint purs to Rules 12(b)(1) and 12(b)(6)of the FRCP, [75-1] motion for an order purs. to Rules 12(b) and 56 of the F.R.C.P. dismissing the amended complaint as against defts, [67-1] motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to the defts, [67-2] motion for an Order, purs. to Rule 12(b) of the FRCP dismissing the amended complaint, [65-1] motion for an order pur. to Rules 12, [65-2] motion 56 of the F.R.C.P. dismissing the complt. as against defts Frontier, Rhulen and Goldberg, [63-1] motion for an Order, purs. to Rules 4,8,9(b) and 12(b) of the FRCP dismissing the amended complaint as against defts Hospital, HUM, Catherine A. Gale, Gerald Cassidy and Sr. Rose, [61-1] motion for an Order, purs. to FRCP 12(b)(6) dismissing the pltffs complaint in its entirety, [24-1] motion for an order pursuant to Rules 9,10 and 56 of the F.R.C.P. to dismiss the Amended Complaint, [23-1] motion for an order pursuant to Rules 8 and 12(b)(6) of the F.R.C.P. to dismiss the amended complaint as to Bell Atlantic, [11-1] motion for an Order, purs. to Rules 12(b)(1) and (b)(6) of the FRCP dismissing the complaint for lack of subject matter jurisdiction and because the complaint fails to state a claim upon which relief can be granted, [3-1] motion for an order, purs. to Rule 12 & 56 of the FRCP, dismissing the Complaint as against Deft Paul on the grounds that (1) the Complaint fails to state a claim upon which relief can be granted, (2) lack of in-personam jurisdiction over Paul and (3) insufficiency of service of process on Paul, and as against Deft TMCC on the grounds that (1) the Court lacks jurisdiction over the subject matter of the dispute, and (2) the Complaint fails to state a claim upon which relief can be granted against TMCC, or in the alternative because because there are no material facts in dispute, entitling TMCC to judgment as a matter of law (djc) (Entered: 08/15/2001) | |||
| 2001-08-16 | 101 | 0 | REPLY AFFIDAVIT of Steven M. Sold by Frontier Insurance, Harry Rhulan, Alan Goldberg Re: defts' motions to dismiss and for summary judgment. (jp) (Entered: 08/20/2001) | |||
| 2001-08-17 | 102 | 0 | AFFIDAVIT of August L. Fietkau by Neil D. Levin, Sally Geisel, Paul DeRebertis, James Conti, Elizabeth McCaul, Alexander Treadwell, Eliot Spitzer in support of [81-1] motion to dismiss the amended complaint purs to Rules 12(b)(1) and 12(b)(6)of the FRCP . (rag) (Entered: 08/21/2001) | |||
| 2001-08-31 | 103 | 0 | NOTICE of Change of Address by Paul Brown. (sac) (Entered: 09/04/2001) | |||
| 2001-08-31 | 104 | 0 | RESPONSE (Courtesy Copy) by Robert Fernicola, Donna Fernicola, Jake Fernicola, Anthony Fernicola to defendants' motions to dismiss and for summary judgment. (tp) (Entered: 09/05/2001) | |||
| 2001-08-29 | 105 | 0 | NOTICE OF MOTION by Robert Fernicola, Donna Fernicola; for an Order pursuant to Rule 11 of the Federal Rules of Civil Procedure for sanctions against Toyota Motor Credit Corporation, Teri Paul, Attorney Mr. Robert Milana, and the law-firm London Fischer L.L.P for material misrepresentations of fact made to the Court in a Reply Affidavit of Robert A. Milana sworn to on the 27th day of July, 2001 . Return date not indicated. Affirmation of Robert Fernicola and Donna Fernicola attached. (jco) Modified on 09/24/2001 (Entered: 09/24/2001) | |||
| 2001-08-29 | 106 | 0 | Docmt returned to plaintiff (along with copy of Order) pursuant to order dated 10/02/01, document #108. (tp) Modified on 10/02/2001 (Entered: 09/24/2001) | |||
| 2001-09-18 | 107 | 0 | AFFIDAVIT of Robert A. Milana by Toyota Motor Credit, Teri Paul in opposition to [105-1] motion for an Order pursuant to Rule 11 of the Federal Rules of Civil Procedure for sanctions against Toyota Motor Credit Corporation, Teri Paul, Attorney Mr. Robert Milana, and the law-firm London Fischer L.L.P for material misrepresentations of fact made to the Court in a Reply Affidavit of Robert A. Milana sworn to on the 27th day of July, 2001. (tp) (Entered: 09/25/2001) | |||
| 2001-10-02 | 108 | 0 | ORDER; Plaintiffs' affirmation in further response to defendants' motions to dismiss and for summary judgment (docmt #106) is a sur-reply for which plaintiffs did not seek and were not granted permission to file. Accordingly, the Clerk of the Court is directed to strike that document from the docket and return it to plaintiffs ; ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (djc) (Entered: 10/02/2001) | |||
| 2001-10-22 | 109 | 0 | ORDER, plntfs seek to submit a surreply affirmation, arguing that its Exhibit A is somehow essential to be included in the record, allegedly because it contains information responsive to demands of the defts in their reply papers. To the extent defts have raisd any demands for the first time in their reply papers, such demands will not form the basis for deciding any pending motion. If any such demands were raised in defts' initial papres, they should have been responded to before now. Either way, there is no need to file any part of the document proffered by plntfs, which will be returned to them with this order ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (cd) (Entered: 10/22/2001) | |||
| 2001-12-26 | 110 | 0 | OPINION AND ORDER #86392; that for the reasons set forth in this Order, all of the defendants' [3-1] [11-1] [23-1] [24-1] [61-1] [63-1] [65-1] [67-1] [75-1] [81-1] motions to dismiss are granted; furthermore, an injunction will issue barring plaintiffs from commencing any further actions without leave of the Court; with the exception of Toyota Motor Credit Corporation and Teri Paul, the claims against all defendants are dismissed, either on the basis of res judicata or failure to state a claim on which relief can be granted; plaintiffs' claims against Toyota Motor Credit Corporation and Teri Paul are dismissed for lack of subject matter jurisdiction; because the Fernicolas have abused the legal system by making excessive and unsubstantiated claims in this and related actions, they are barred to the extent set forth in this Order from commencing any further lawsuits without leave of the Court in which such suits are to be commenced, granted after such Court has been provided with a copy of this Opinion. ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. Original document forwarded to Judgment Clerk. (kkc) (Entered: 12/27/2001) | |||
| 2001-11-30 | 111 | 0 | (Duplicate Original) REPLY MEMORANDUM of LAW by Hanys Insurance Co., Robert Markowitz re: in Support of Motion for summary judgment or in the alternative dismissal of the amended complaint. (djc) (Entered: 01/02/2002) | |||
| 2001-12-28 | 112 | 0 | JUDGMENT, that for the reasons stated in the Court's Opinion (86392) and Order dated 12/20/01, all of defendants' motions to dismiss are granted and an injunction is issued barring plaintiffs from commencing any further actions w/out leave of the Court. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 1/4/02. (ae) (Entered: 01/04/2002) | |||
| 2002-01-25 | 113 | 0 | NOTICE OF APPEAL by Robert Fernicola, Donna Fernicola, Jake Fernicola, Anthony Fernicola ; from [112-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Steven M. Sold, Anne P. Richter, Cara E. Johnson, Michael I. Verde, and Catherine A. Gale. *(I.F.P. granted 2/4/02)*. (sb) (Entered: 02/06/2002) | |||
| 2002-02-06 | 114 | 0 | Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [113-1] appeal by Anthony Fernicola, Jake Fernicola, Donna Fernicola, Robert Fernicola. (sb) (Entered: 02/06/2002) | |||
| 2002-01-25 | 115 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS by Robert Fernicola . (db) (Entered: 02/06/2002) | |||
| 2002-03-01 | 116 | 0 | MANDATE OF USCA (certified copy) Re: [113-1] appeal by Anthony Fernicola, Jake Fernicola, Donna Fernicola, Robert Fernicola. Petitioners have filed, pro se, a petition for a writ of mandamus. Upon due consideration, it is ordered that the writ of mandamus is denied since the petitioner has not demonstrated the district court's ruling constituted a "clear abuse of discretion or a usurpation of judicial power." Issued as mandate: 2/22/02, 02-3002 Roseann B. MacKechnie, Clerk, U.S.C.A. (rmo) (Entered: 03/06/2002) | |||
| 2002-11-21 | 117 | 0 | MANDATE OF USCA (certified copy) Re: DISMISSED [113-1] appeal by Anthony Fernicola, Jake Fernicola, Donna Fernicola, Robert Fernicola. Appellees move to dismiss the appeal. Upon due consideration , it is ORDERED that the motion is granted, and the appeal is dismissed. APPELLANTS'motions to vacate and remand the proceedings to the district court are denied as moot. ISSUED AS MANDATE 11/8/02, 02-7151 ROESEANN B. MACKECHNIE, CLERK, USCA. (pr) (Entered: 11/21/2002) |