UPDATE on Rebecca Charles Jackson vs Northwell Health et al: Correction to Countdown

Rebecca is Still Without a Lawyer. Defendants were Served. We Think They have 20, perhaps 30 Business Days to Ask for Case Dismissal.

Our first article on Rebecca’s case was in mid-April.

I had just learned of this case, which is similar to that of Grace Schara and Our Amazing Grace's Newsletter by Scott Schara, in that it involved hospital killing protocols. And both are suing the hospitals and staff healthcare providers.

Since April, Rebecca and I have co-authored about twenty articles, many of which held a countdown of days that Northwell Health and over 42 doctors, physician assistants, and nurses had to ask for Rebecca’s case to be dismissed.

However, as a recent review shows, it seems - and we say “it seems” because we aren’t lawyers - there is an error to clarify. Walk through this with us:

Serving the Summons and Complaint

Rebecca filed court documents on April 5, 2024. She then served the defendants on April 24, just nineteen days later. On that date, all were served by a professional service company at their place of business.

Interesting but not surprising that years after Danielle's murder, all the same staff were still employed at the same hospital that murdered her.

It appears that the defendants should have 20 business days to file a Motion to Dismiss. That would occur on May 22, or next Wednesday.

To restate, May 22nd is the last date the defendants have to challenge the case and request a dismissal.

We apologize for any confusion and look forward to Rebecca having an attorney who helps her negotiate through this case.

Or Is It 30 Business Days

We cannot confirm the above is correct, as Rebecca has no lawyer. She was perusing several New York lawyer sites and discovered this:

This article will address the issues that should be evaluated when preparing an answer. It pertains to answers in New York State courts and, to a limited extent, answers in federal court in the Eastern and Southern Districts of New York.

When a case is first assigned, defense counsel is provided with the initial pleadings, generally the summons and complaint. These are often the only documents provided by our clients. Under New York’s Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). The filing stops the running of the statute of limitations and is the official commencement of the litigation. Service of process on the defendant must be properly effectuated within 120 days of commencement of the action. (CPLR §306(b).)

Rebecca filed on April 5th and defendants were served 19 business days later, on April 24th.

The next step is for defendants to file a “responsive pleading”. As with the case of Schara vs Ascension Health WI and the housestaff, defendants are likely to request a case dismissal by filing a Motion to Dismiss. They have a deadline to submit their answer to the Summons and Complaint.

The first issue that an attorney should address is the practical one: when is the answer due? CPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times). Service is not always complete when the papers are delivered by the process server. This is especially so when service is effectuated through substituted service (leaving the summons and complaint with someone of suitable age and discretion with follow-up mailing CPLR §308). In such a situation, service is complete ten days after the filing of the proof of service (the summons and complaint together with an affidavit of service is known as “proof of service”) with the court.

Everyone was served at their place of employment. It appears that proof of service was then filed with the court.

The time periods for other methods of service are provided for in CPLR Article 3 and, in the interest of brevity, will not be discussed here.

Unfortunately, clients are not always the best judge of when service was actually effectuated upon them. Therefore, it is recommended that one obtain an affidavit of service from the plaintiff’s counsel or from the documents filed with the court’s e-filing website.

Source: https://marshalldennehey.com/articles/new-york-practice-responding-complaint

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The Court Documents are found on Rebecca’s website:

https://deathbyhospitalprotocol.com/the-complaint-filed-and-certificate-of-merit/

and on my summary:

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The Timeline

• April 5, 2024: Rebecca filed her case. She did it in the last 1 hour and 11 minutes before the deadline.

• April 24, 2024: 44 defendants were officially served (2 hospital systems and 42 doctors and nurses). Defendants have 20 business days to file a response answering the complaint.

• POSSIBLY May 22, 2024: The last date the defendants have to file a Motion to Dismiss (20 days after April 24, when they were served). Awaiting confirmation from a licensed attorney.

Rebecca continues to cement paperwork with various attorneys, none of which have accepted her case.

Rebecca’s GiveSendGo

Donate Now and Stand up for Those Whose Lives Were Taken Too Soon. Don't let Danielle's death be in vain. Together, we plcan make a difference and hold those who prioritize profits over lives accountable. Stand with us!

https://www.deathbyhospitalprotocol.com

Thank you for your donations, now at $

Rebecca Charles’ Website: DeathByHospitalProtocol.com

https://deathbyhospitalprotocol.com/

Click on your geographical area and get local hospital information on reported hospital killing protocols!

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Hospital Killing Protocol - Google App

If you have an Android, please download and install The Death by Hospital Protocol APP from the Goggle Play Store Link:  https://play.google.com/store/search?q=death%20by%20hospital%20protocol&c=apps

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