Serota v. Colorado Dermatology Specialists, LLC
Plaintiff: Marc Serota and Marc J. Serota
Defendant: Colorado Dermatology Specialists, LLC
Case Number: 1:2020cv01554
Filed: June 1, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Michael E Hegarty
Nature of Suit: Contract: Other
Cause of Action: 28:1332nr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2020 Opinion or Order Filing 31 MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 6/1/2020. The parties shall complete and file the Magistrate Judge Consent Form (ECF #30 ) on or before June 15, 2020. It is hereby ORDERED that a Status Conference shall be held on June 22, 2020, at 11:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (apesa, )
June 1, 2020 Filing 30 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, )
June 1, 2020 Filing 29 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (cmadr, )
June 1, 2020 Filing 28 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (cmadr, )
June 1, 2020 Filing 27 Case transferred in from District of New York Eastern; Case Number 2:19-cv-04551. File, transfer order and docket sheet received .
May 29, 2020 Case transferred to District of Colorado. Case Transferred Via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Piper, Francine) [Transferred from New York Eastern on 6/1/2020.]
May 29, 2020 Opinion or Order ORDER: On May 28, 2020, the Court ordered that this action be transferred to the District of Colorado. The Court now waives the provision of Local Civil Rule 83.1, which requires a seven-day stay before a case is transferred to another district. Ordered by Judge Margo K. Brodie on 5/29/2020. (Schindler, Emma) [Transferred from New York Eastern on 6/1/2020.]
May 28, 2020 Opinion or Order ORDER terminating #21 Motion to Dismiss for Lack of Jurisdiction. See Minute Entry dated March 28, 2020. Ordered by Judge Margo K. Brodie on 5/28/2020. (Schindler, Emma) [Transferred from New York Eastern on 6/1/2020.]
May 28, 2020 MINUTE ENTRY: Oral argument on defendant's #21 Motion to Dismiss or, in the Alternative, Transfer Venue was held by telephone before Judge Margo K. Brodie on May 28, 2020. Lila Serota appeared on behalf of plaintiff. Daniel Jaffe appeared on behalf of defendant. The Court heard argument from the parties on the motion to dismiss the Complaint for lack of personal jurisdiction, or, in the alternative, to transfer the action to the District of Colorado. For the reasons set forth on the record, the Court granted the motion and transferred the action to the District of Colorado. The Court found that, accepting plaintiff's factual allegations as true, the allegations were not sufficient to confer jurisdiction under the New York long-arm statute. See N.Y. C.P.L.R. 302(a). The Court found, and plaintiff agreed, that it lacked jurisdiction under section 302(a)(2) because plaintiff does not allege that defendant was physically present in New York, as required by section 302(a)(2). The Court found that it lacked jurisdiction under section 302(a)(1) because plaintiff's allegations involving defendant's purchase of medical supplies from a New York-based company, billing New York-based insurance companies, and employees' attendance at industry conferences in New York were not sufficient to satisfy the "arising from" prong of section 302(a)(1). The Court further found that plaintiff's allegations that he provided virtual follow-up dermatological services to defendant's patients located in New York were not sufficient to confer jurisdiction under section 302(a)(1), based on New York case law in the medical malpractice context. See, e.g., Paterno v. Laser Spine Inst., 24 N.Y.3d 370 (2014); Etra v. Matta, 61 N.Y.2d 455 (1984). Finally, the Court found that it lacked jurisdiction under section 302(a)(3) because the critical events giving rise to plaintiff's injury occurred outside of New York, and, under New York law, plaintiff's alleged financial loss or injury in New York is irrelevant to the inquiry under section 302(a)(3). See Whitaker v. Am. Telecasting Inc., 261 F.3d 196 (2d Cir. 2001). In light of the Court's ruling that it lacked personal jurisdiction over defendant, plaintiff requested that the action be transferred to the District of Colorado. Defendant did not object. Accordingly, the Court ordered that the action be transferred to the District of Colorado. The Court also directed plaintiff's counsel to file a notice of appearance in this case. (Court Reporter Charleane Heading.) (Schindler, Emma) [Transferred from New York Eastern on 6/1/2020.]
May 18, 2020 Opinion or Order SCHEDULING ORDER: Oral argument re #21 First MOTION to Dismiss is scheduled for May 28, 2020 at 11:00 AM.The call-in information for the telephone conference is 1-888-684-8852 and the access code is 9801036. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Judge Margo K. Brodie on 5/18/2020. (Valentin, Winnethka) [Transferred from New York Eastern on 6/1/2020.]
December 10, 2019 Filing 26 Letter to Hon. Judge Margo K. Brodie regarding Courtesy Copies pursuant to Individual Rules of Practice 1.D and 3.D by Colorado Dermatology Specialists, LLC (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
December 10, 2019 Filing 25 MEMORANDUM in Opposition Plaintiff's Memorandum Of Law In Opposition To Defendant's Motion filed by Marc Serota, MD. (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
December 10, 2019 Filing 24 AFFIDAVIT/DECLARATION in Opposition re #21 First MOTION to Dismiss for Lack of Jurisdiction or Alternatively, to Transfer Venue Declaration Of Stuart Serota, Esq. In Opposition To Defendant's Motion filed by Marc Serota, MD. (Attachments: #1 Exhibit Exhibit 8 - Defendant's instant Notice Of Motion dated November 12, 2019, #2 Exhibit Exhibit 9 - Plaintiff's Service Transmission Letter To Defendant's Counsel Dated October 23, 2019 Serving Plaintiff's First Amended Verified Complaint With Leave Of Court, #3 Exhibit Exhibit 10 - Copy of Order dated September 26, 2019) (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
December 10, 2019 Filing 23 AFFIDAVIT/DECLARATION in Opposition re #21 First MOTION to Dismiss for Lack of Jurisdiction or Alternatively, to Transfer Venue Declaration Of Marc Serota, MD In Opposition To Defendant's Motion filed by Marc Serota, MD. (Attachments: #1 Exhibit Exhibit 1 -Defendant CDS's Letter dated March 21, 2018, #2 Exhibit Exhibit 2 - E-mail From Dr. Meg Lemon dated 7/13/17, #3 Exhibit Exhibit 3 - Copy [redacted] of Plaintiff's Physician's Record E-Mail, #4 Exhibit Exhibit 4 - Copy [redacted] of E-mail Transmitting Plaintiff's Patient Record, #5 Exhibit Exhibit 5 - Copy [redacted] of an E-mail To Plaintiff, #6 Exhibit Exhibit 6 - Copy [redacted] of Plaintiff's physician note record & Defendant's responding E-mail, #7 Exhibit Exhibit 7 - Copies of E-mails between Tisha Hupke, Dr. Meg Lemon and Plaintiff on the respective dates of 8/24/17, 8/30/17 & 8/31/17) (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
December 10, 2019 Filing 22 REPLY to Response to Motion re #21 First MOTION to Dismiss for Lack of Jurisdiction or Alternatively, to Transfer Venue [Reply to Plaintiff's not yet filed, but served, Opposition to First Motion to Dismiss Amended Verified Complaint] filed by Colorado Dermatology Specialists, LLC. (Attachments: #1 Declaration of Dr. Meg Lemon in Reply to Plaintiff's Opposition to Motion to Dismiss Amended Complaint, #2 Declaration of Tisha Hupke in Reply to Plaintiff's Opposition to Motion to Dismiss Amended Complaint, #3 Declaration of Daniel P. Jaffe in Reply to Plaintiff's Opposition to Motion to Dismiss Amended Complaint, #4 Exhibit 1 to Reply Declaration of Daniel P. Jaffe - Four Pages from the dermfacetime website Regarding Plaintiff, Marc Serota, M.D., #5 Exhibit 2 to Reply Declaration of Daniel P. Jaffe - Colorado Secretary of State Online Record for MJ Medical Consulting, PLLC, a Company for which Plaintiff is the Registered Agent) (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
December 10, 2019 Filing 21 First MOTION to Dismiss for Lack of Jurisdiction or Alternatively, to Transfer Venue by Colorado Dermatology Specialists, LLC. (Attachments: #1 Declaration Dr. Meg Lemon Supporting Motion to Dismiss Amended Complaint, #2 Declaration Tisha Hupke Supporting Motion to Dismiss Amended Complaint, #3 Declaration Andrew Graham Supporting Motion to Dismiss Amended Complaint, #4 Declaration Daniel P. Jaffe Supporting Motion to Dismiss Amended Complaint, #5 Exhibit 1 to Jaffe Declaration - First Amended Verified Complaint with Exhibits A through E, #6 Exhibit 2 to Jaffe Declaration - Plaintiff's Verified Letter Opposition to Defendant's Letter Motion to Dismiss, #7 Exhibit 3 to Jaffe Declaration - Defendant's March 21, 2018 Response Letter to Plaintiff's Letter Demand, #8 Exhibit 4 to Jaffe Declaration - Screen Grab from Henry Schein, Inc. Website, #9 Exhibit 5 to Jaffe Declaration - Docket Sheet from Colorado State Court Case Filed by Plaintiff, #10 Exhibit 6 to Jaffe Declaration - Order Dismissing Colorado State Court Case Filed by Plaintiff Without Prejudice, #11 Exhibit 7 to Jaffe Declaration - Excerpts from Plaintiff's Verified Complaint Filed in the Supreme Court of New York for Nassau County, #12 Memorandum in Support Defendant's Memorandum of Law Supporting Motion to Dismiss Amended Complaint) (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
November 26, 2019 Filing 20 Letter Plaintiff's Service Cover Letter Serving Plaintiff's Opposition To Defendant's Motion Returnable Dec. 10, 2019 by Marc Serota, MD (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
November 12, 2019 Filing 19 Letter copied to the Hon. Judge Margo K. Brodie pursuant to the Court's Individual Rule 3.D documenting the service on opposing counsel of Defendant's Motion to Dismiss Amended Verified Complaint papers by Colorado Dermatology Specialists, LLC (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
October 23, 2019 Filing 18 AMENDED COMPLAINT First Amended Verified Complaint By Leave Of Court against Colorado Dermatology Specialists, LLC, filed by Marc Serota, MD. (Attachments: #1 Exhibit Original Employment Agreement and Amended Employment Agreement, collectively, #2 Exhibit Demand/Claim For Unpaid Contractual Vacation Pay Dated March 7, 2018, #3 Exhibit Proofs of Receipt By Defendant of Demand on March 8, 2018, #4 Exhibit Copy of C.R.S.A. Sections 8-4-101 et seq., Colorado Wage Claim Act, #5 Exhibit Copy of Transcript pages, #6 Certificate of Service Certificate Of Service of First Amended Verified Complaint By Leave Of Court) (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
September 26, 2019 MINUTE ENTRY: A telephone conference was held before Judge Margo K. Brodie on September 26, 2019. Stuart Serota appeared on behalf of plaintiff. Daniel Paul Jaffe appeared on behalf of defendant. For the reasons stated on the record, the Court granted plaintiff leave to file a second amended complaint. Plaintiff shall file the second amended complaint on or before October 24, 2019. In light of the anticipated second amended complaint, the Court set a new briefing schedule for defendant's motion to dismiss. Defendant shall serve its motion on or before November 14, 2019. Plaintiff shall serve its response on or before November 27, 2019. Defendant shall serve its reply, if any, on or before December 10, 2019. (Court Reporter Denise Parisi)(Schindler, Emma) [Transferred from New York Eastern on 6/1/2020.]
September 26, 2019 Filing 17 REPLY in Opposition re #13 First MOTION for pre motion conference re #11 Amended Complaint,, Motion to Invalidate Filing of Amended Complaint, Strike Amended Complaint and Enforce Briefing Schedule on Defendant's Motion to Dismiss, #15 Letter, #14 Letter Doc. No. 15 Re-filed as Reply In Opposition filed by Marc Serota, MD. (Attachments: #1 Exhibit Plaintiff's Re-Filed Reply In Opposition, #2 Exhibit Exhibit 2 to Plaintiff's Reply In Opposition) (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
September 26, 2019 Filing 16 Letter in opposition to Plaintiff's Pre-Motion Conference Request for Motion to Strike (Doc. No. 15) [incorrectly filed as a Letter, so this Opposition could not be correctly linked as a Reply in Opposition to a motion] by Colorado Dermatology Specialists, LLC (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
September 25, 2019 Email Notification Test - DO NOT REPLY (Guzzi, Roseann) [Transferred from New York Eastern on 6/1/2020.]
September 25, 2019 Opinion or Order SCHEDULING ODER. The Court will hold a telephone conference on September 26, 2019 at 2:00 p.m. This conference call is to be arranged between counsel. Once all parties are on the line, please call chambers at (718) 613-2140. Ordered by Judge Margo K. Brodie on 9/25/2019. (Valentin, Winnethka) [Transferred from New York Eastern on 6/1/2020.]
September 25, 2019 Filing 15 Letter Plaintiff's Letter Request For Pre-Motion Conference Re Plaintiff's Proposed Motion To Strike Defendant's Not Yet Fully Submitted Motion As Moot Or For Alternative Relief To Plaintiff by Marc Serota, MD (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
September 24, 2019 Filing 14 Letter Plaintiff's Letter Response To Defendant's Doc. No. 13 by Marc Serota, MD (Attachments: #1 Exhibit) (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
September 24, 2019 Filing 13 First MOTION for pre motion conference re #11 Amended Complaint,, Motion to Invalidate Filing of Amended Complaint, Strike Amended Complaint and Enforce Briefing Schedule on Defendant's Motion to Dismiss by Colorado Dermatology Specialists, LLC. (Attachments: #1 Stuart Serota Declaration in Response to Defendant's Motion to Dismiss) (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
September 23, 2019 Filing 12 CERTIFICATE OF SERVICE by Marc Serota, MD Certificate Of Service Of Amended Verified Complaint (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
September 23, 2019 Filing 11 AMENDED COMPLAINT Amended Verified Complaint against All Defendants, filed by Marc Serota, MD. (Attachments: #1 Exhibit Exhibit A - Employment Agreement, #2 Exhibit Exhibit B - Demand Claim For Unpaid Contractual Vacation Pay dated March 7, 2018, #3 Exhibit Exhibit C - Proofs of Receipt By Defendant of Demand Claim on March 8, 2018, #4 Exhibit Exhibit D - Full Copy of Colorado Wage Claims Act, #5 Affidavit Plaintiff's Individual Verification of Amended Verified Complaint) (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
September 10, 2019 Filing 10 Letter to the Hon. Judge Brodie pursuant to Individual Rule 3.D - Filing Motion Papers by Colorado Dermatology Specialists, LLC (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
August 26, 2019 Opinion or Order ORDER granting #9 Motion for Leave to File Proposed Briefing Schedule. The Court adopts the parties' Proposed Joint Briefing Schedule. Defendant shall file its Motion to Dismiss by 9/10/2019; Plaintiff shall file his Opposition to Defendant's Motion to Dismiss by 9/26/2019; and Defendant shall file its Reply to Plaintiff's Opposition by 10/4/2019. Ordered by Judge Margo K. Brodie on 8/26/2019.(Schindler, Emma) [Transferred from New York Eastern on 6/1/2020.]
August 22, 2019 Filing 9 Letter MOTION for Leave to File Document -Approval of Proposed Joint Briefing Schedule re Defendant's upcoming Motion to Dismiss for lack of personal jurisdiction by Colorado Dermatology Specialists, LLC. (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
August 20, 2019 Opinion or Order ORDER finding as moot #8 Motion for Leave to File a two page reply to Plaintiff's opposition #7 . Ordered by Judge Margo K. Brodie on 8/20/2019.(Obanor, Dorielle) [Transferred from New York Eastern on 6/1/2020.]
August 20, 2019 Opinion or Order ORDER granting in part and denying in part #6 Motion for Pre Motion Conference. The Court denies Defendant's motion for a pre motion conference. The parties are directed to file a joint proposed briefing schedule for Defendants' anticipated motion to dismiss. Ordered by Judge Margo K. Brodie on 8/20/2019.(Obanor, Dorielle) [Transferred from New York Eastern on 6/1/2020.]
August 20, 2019 Filing 8 Letter MOTION for Leave to File Document -Leave to File Reply to Opposition to Defendant's Letter Motion for Pre-Motion Conference Regarding Leave to File Motion to Dismiss by Colorado Dermatology Specialists, LLC. (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
August 19, 2019 Filing 7 RESPONSE in Opposition re #6 Letter MOTION to Dismiss for Lack of Jurisdiction -requesting Pre-motion Conference for Leave to file Motion to Dismiss filed by Marc Serota, MD. (Serota, Stuart) [Transferred from New York Eastern on 6/1/2020.]
August 14, 2019 Filing 6 Letter MOTION to Dismiss for Lack of Jurisdiction -requesting Pre-motion Conference for Leave to file Motion to Dismiss by Colorado Dermatology Specialists, LLC. (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
August 7, 2019 Filing 5 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: #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. (Flanagan, Doreen) [Transferred from New York Eastern on 6/1/2020.]
August 7, 2019 Case Assigned to Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen) [Transferred from New York Eastern on 6/1/2020.]
August 7, 2019 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) [Transferred from New York Eastern on 6/1/2020.]
August 7, 2019 Filing 3 Corporate Disclosure Statement by Colorado Dermatology Specialists, LLC (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
August 7, 2019 Filing 2 Civil Cover Sheet.. by Colorado Dermatology Specialists, LLC (Jaffe, Daniel) [Transferred from New York Eastern on 6/1/2020.]
August 7, 2019 Filing 1 NOTICE OF REMOVAL by Colorado Dermatology Specialists, LLC d/b/a Sorkin Dermatology Associates, PLLC from Supreme Court of the State of New York, County of Nassau, Case Number 608940/2019. ( Filing fee $ 400 receipt number ANYEDC-11738558). Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Exhibit A-State Court Summons & Complaint with Exhibits, #2 Exhibit B-State Court Proof of Service on Defendant, #3 Exhibit C-State Court Notice of Appearance by Defendant) (Jaffe, Daniel) Modified on 8/7/2019 (Flanagan, Doreen). [Transferred from New York Eastern on 6/1/2020.]

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Plaintiff: Marc Serota
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Plaintiff: Marc J. Serota
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Defendant: Colorado Dermatology Specialists, LLC
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