Zotta v. Hill-Rom, Inc. et al

Filing 1

NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Kings, case number 20695/11. ( Filing fee $ 350) Disclosure Statement on Civil Cover Sheet completed -yes, (Attachments: # 1 Civil Cover Sheet) (Siegfried, Evan)

~'-JS 44

(Rev. 12/07)

The JS 44 cifil cover sheet and the infonnation contained herein neither replace nor supplement the filing and seJVice ofpleadings or other papers as required by law, except as pr_oyi~ed
by local rul~S'Qf."court. TFti fi
,
roved by the Judicial Conference of the United States in September 1974, is reqUired for the use of the Clerk of Court for the purpose ofmJtJatmg
thecivildocketshcet.
I
TIIEREVERSEOFTHEFORM.)

fJ

I. (a) PLAINTIFFS
MARGARET ZOTIA

(b)

DEFENDANTS
HILL-ROM, INC., HILL-ROM HOLDINGS, INC., HILL-ROM
SERVICES, INC. and HILL-ROM COMPANY, INC.

SU£D

D

"B""rO::;O~k,l:.zv.:.n,_______

County of Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)

(c)

Attorney's (Firm Name, Address, and Telephone Number)

John Dalli, Esq., Dalli & Marino, LLP, 231 Mineola Boulevard,
Mineola NY 11501 Tel: [phone]
II. BASIS OF JURISDICTION (PI= m"X" in Ono Box Only)
III.
LJ I

U.S. Government
Plaintiff

l!!l 4 Diversity

OF PRINCIPAL PARTIES(Piocom "X"inOno BoxfocPixintiff

(~J 'ri~ftj.b¥('dnfil\ C

LJ 3 Federal Question

U.S. Government
Defendant

OI!H:i!EN~JJW

' v

!:!1

Citizen of Another State

Citizen or Subject of a
Forei n CoWl

LJ 2

Citizen of This State

(U.S. Government Not a Party)

f=J 0

'l»tP

r·

0 151 Medicare Act
(") 152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
LJ 153 Recovery of Overpayment
of Veteran's Benefits
LJ 160 Stockholders' Suits

LJ 230 Rent Lease & Ejectment
LJ 240 Torts to Land
LJ 245 Tort Product Liability
LJ 290 All Other Real Property

INJURY
Personal Injury·
Med. Malpractice
Personal Injury •
Product Liability
Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
LJ 385 Property Damage
Product Liability

PTF
LJ 4

DEF

Incorporated and Principal Place
of Business In Another State

(") 5

1:!1 5

Foreign Nation

LJ 6

0

LJ 1

Incorporated or Principal Place
of Business In This State

LJ 2

LJ

2

0 3

0

3

I

(Indicate Citizenship of Parties in Item III)

31 0 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle

and One Box for Defendant)

'Dill"

61 0 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck

422 Appea128 USC 158
423 Withdrawal
28USC 157

720 Labor/Mgmt. Relations
730 Labor/Mgmt.Reporting
& Disclosure Act

~~!1:1!11(1!!~!1~~ 740 Other Labor Litigation
Railway Labor Act
790

441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
LJ 445 Amer. w/Disabilities •
Employment
0 446 Amer. wfDisabilities.

Habeas CorpWI:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

791 Empl. Ret. Inc.
Secwity Act

V. ORIGIN
Ll l Original
Proceeding

6

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Conunerce
460 Deportation
470 Racketeer Influenced and
CoiTUpt Organizations
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
I2 USC34IO
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Maners
894 Energy Allocation Act
895 Freedom of Information

A«
900Appeal of Fee Detennination
Under Equal Access
to Justice
950 Constitutionality of
State Statutes

Oth~

0

(") 4

440 Other Civil Rights

(Place an "X'' in One Box Only)
Removed from
0
State Court

Ia! 2

3

Remanded from
Appellate Court

0 4

Reinstated or
Reopened

0

5 Transferr~d ~rom
anoth_er distnct

0 6

Multidistrict
Litigation

0 7

s Cl
C~8t.'S~c.fi~~~"~~ f3:J2"hich you are filing (Do not cite jurisdictional statutes unless diversity):

Appeal to District
Judge from
Magistrate
Jud
ent

VI. CAUSE OF ACTION t;B;:n:::·e<rd:;:e::sc::n::ip::,;::on::-::;of;:c::au::se::::-:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - t-'ersonal lnJurny - t-'roauct HaDIIIty
VII. REQUESTED IN
DEMANDS
CHECK YES only if demanded in complaint:
0 CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
COMPLAINT:
JURY DEMAND:
0 Yes
11f No

VIII. RELATED CASE(S)
IF ANY

(See instructions):

JUDGE

DOCKET NUMBER

DATE

10/17/2011
FOR OFFICE USE ONLY
RECEIPT#

AMOUNT

-----

V_,.._,\Jf'-' ----

MAG. JUDGE _ _

.........
ARBITRATION CERTIFICATION
I, Joshua H. Abramson

, counsel for defendants

do hereby certifY pursuant to the Local

Arbitration Rule 83.10 that to the best of my knowledge and belief the damages recoverable in the above captioned civil action exceed the
sum of $150,000 exclusive of interest and costs.
No Relief other than monetary damages is sought.

DISCLOSURE STATEMENT- FEDERAL RULES CIVIL PROCEDURE 7.1
IdentifY any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

See separately filed Rule 7.1 Disclosure Statement.

RELATED CASE STATEMENT (SECTION VIII)
All cases that are arguably related pursuant to Division of Business Rule 50.3.1 should be listed in Section VIII on the front of this
form. Rule 50.3.1 (a) provides that "A civil case is "related" to another civil case for purposes of this guideline when, because of
the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial
resources is likely to result from assigning both cases to the same judge and magistrate judge."

NY-E DIVISION OF BUSINESS RULE SO.l(d)(2)
I.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County:...:N..:.o=---------

2.) If you answered "no" above:
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County?..:N..:.O:::__ _ _ _ _ _ __
b) Did the events of omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District?_Y.:....::ec:sc__ _ _ _ _ _ __
If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
or Suffolk County?_ _ _ _ _ _ _ _ __
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION
I am currently admitted in the Eastern District ofNew York and currently a member in good standing of the bar of this court.

Yes

[{]

.

No

0

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?

Yes

0

(If yes, please explain)

No

[{]

Please provide your E-MAIL address and bar code below. Your bar code consists of the initials of your first and last name and the last four
digits of your social security number or any other four digit number registered by the attorney with the Clerk of Court. (This information must
be provided pursuant to local rule I l.l(b) of the civil rules).

Attorney Bar Code: JH-9 7 62

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E-MAIL Address: [e-mail]
Electronic filing procedures were adopted by the Court in Administrative Order No. 97-12, '"In re: Electronic Filing Procedures (ECF)."
Electronic filing became mandatory in Administrative Order 2004-08, "In re: Electronic Case Filing." Electronic service of all papers is now
routine.