BRAINBUILDERS LLC et al v. EMBLEMHEALTH, INC. et al
Plaintiff: BRAINBUILDERS LLC and H and D
Defendant: GROUP HEALTH INCORPORATED, THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, EMBLEMHEALTH, INC. and NEW YORK CITY OFFICE OF LABOR RELATIONS
Case Number: 3:2020cv12703
Filed: September 15, 2020
Court: US District Court for the District of New Jersey
Presiding Judge: Tonianne J Bongiovanni
Referring Judge: Freda L Wolfson
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2021 Filing 25 Letter from Alvin C. Lin writing to provide notice of a supplemental authority in connection with GHI Defendants' Motion to Dismiss. (Attachments: #1 Exhibit Decision in O'Brien v. Aetna, Inc.)(LIN, ALVIN)
January 12, 2021 Filing 24 REPLY BRIEF to Opposition to Motion filed by NEW YORK CITY DEPARTMENT OF EDUCATION, NEW YORK CITY OFFICE OF LABOR RELATIONS, THE CITY OF NEW YORK re #13 MOTION to Dismiss the Complaint (Attachments: #1 Declaration Declaration of Scott P. Bridge, #2 Exhibit Ex. A - Amended Complaint)(BRIDGE, SCOTT)
January 12, 2021 Filing 23 AFFIDAVIT in Support filed by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED re #11 MOTION to Dismiss Reply Declaration of Alvin C. Lin in Support of Motion to Dismiss the Amended Complaint (Attachments: #1 Exhibit A- Power of Attorney, #2 Brief Defendants Emblemhealth, Inc and Group Health Incorporated's Reply Memorandum of Law in Support of Their Motion to Dismiss the Amended Complaint)(LIN, ALVIN)
December 16, 2020 Reset Deadlines as to #11 MOTION to Dismiss , #13 MOTION to Dismiss the Complaint. Motion set for 1/19/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg)
December 10, 2020 Filing 22 MEMORANDUM in Opposition filed by All Plaintiffs re #13 MOTION to Dismiss the Complaint (Attachments: #1 Exhibit Exhibits to Opposition to Motion to Dismiss)(POLLAK, YAAKOV)
December 7, 2020 Opinion or Order Filing 21 LETTER ORDER that the return dates for City Defendants' motion to dismiss #13 and GHI's motion to dismiss #11 are both adjourned to 1/19/2021. Signed by Chief Judge Freda L. Wolfson on 12/7/2020. (mg)
December 3, 2020 Filing 20 Letter from Scott P. Bridge Respectfully Requesting Your Honor to Approve Revised Briefing Schedule for Motions to Dismiss Consented to by All Parties. (BRIDGE, SCOTT)
November 23, 2020 Filing 19 MEMORANDUM in Opposition filed by All Plaintiffs re #11 MOTION to Dismiss (Attachments: #1 Exhibit Exhibits to Opposition)(POLLAK, YAAKOV)
November 19, 2020 Opinion or Order Filing 18 LETTER ORDER deeming Defendants' pending motions to dismiss to be directed against Plaintiffs' Amended Complaint. Signed by Chief Judge Freda L. Wolfson on 11/19/2020. (jdb)
November 18, 2020 Filing 17 Letter from Alvin C. Lin respectfully requesting that Your Honor deem the pending motions to dismiss to be directed against Plaintiffs' Amended Complaint. (LIN, ALVIN)
November 9, 2020 Filing 16 AMENDED COMPLAINT against All Defendants All Defendants., filed by BRAINBUILDERS LLC, H and D.(POLLAK, YAAKOV)
October 30, 2020 Opinion or Order Filing 15 LETTER ORDER granting Plaintiff's request for an adjournment on the return date of the Motions to Dismiss (ECF Nos. #11 , #13 ). The new motion date is 12/21/2020. Signed by Chief Judge Freda L. Wolfson on 10/30/2020. (jdb)
October 30, 2020 Reset Deadlines as to #11 MOTION to Dismiss , #13 MOTION to Dismiss the Complaint. Motion reset for 12/21/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)
October 29, 2020 Filing 14 MOTION for Extension of Time to File Response/Reply by Consent of all Parties by All Plaintiffs. (POLLAK, YAAKOV)
October 22, 2020 Set Deadlines as to #13 MOTION to Dismiss the Complaint. Motion set for 11/16/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, )
October 21, 2020 Filing 13 MOTION to Dismiss the Complaint by NEW YORK CITY DEPARTMENT OF EDUCATION, NEW YORK CITY OFFICE OF LABOR RELATIONS, THE CITY OF NEW YORK. Responses due by 11/16/2020 (Attachments: #1 Declaration Declaration of Judy E. Nathan, #2 Declaration Declaration of Dean S. Weltman, #3 Declaration Declaration of Scott P. Bridge, #4 Exhibit Ex. A - Complaint, #5 Exhibit Ex. B - Notice of Claim, #6 Brief Memorandum of Law of the City, OLR, and DOE in Support of their Motion to Dismiss, #7 Text of Proposed Order Proposed Order)(BRIDGE, SCOTT)
October 20, 2020 Filing 12 NOTICE of Appearance by SCOTT PATRICK BRIDGE on behalf of NEW YORK CITY DEPARTMENT OF EDUCATION, NEW YORK CITY OFFICE OF LABOR RELATIONS, THE CITY OF NEW YORK (BRIDGE, SCOTT)
October 20, 2020 Set Deadlines as to #11 MOTION to Dismiss . Motion set for 11/16/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, )
October 20, 2020 Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 10/20/2020. Discovery is stayed pending resolution of the Motions to Dismiss. (mm)
October 19, 2020 Filing 11 MOTION to Dismiss by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED. (Attachments: #1 Declaration Declaration of Luz Campos, #2 Exhibit A - Complaint, #3 Exhibit B - City of New York GHI CBP Certificate of Insurance (NYC CBP ), #4 Exhibit C - City Employment Claim Form, #5 Brief Memorandum of Law in Support of Defendants Emblemhealth, Inc. and Group Health Inc.'s Motion to Dismiss the Complaint, #6 Text of Proposed Order Proposed Order)(LIN, ALVIN)
September 24, 2020 Pro Hac Vice counsel, HOWARD S. WOLFSON and JOAQUIN EZCURRA, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (abr)
September 23, 2020 Pro Hac Vice fee of $300 received as to Howard S. Wolfson and Joaquin Ezcurra. Receipt number TRE114279 (jdb)
September 23, 2020 Filing 10 Notice of Request by Pro Hac Vice Howard S. Wolfson to receive Notices of Electronic Filings. (LIN, ALVIN)
September 23, 2020 Filing 9 Notice of Request by Pro Hac Vice Joaquin Ezcurra to receive Notices of Electronic Filings. (LIN, ALVIN)
September 18, 2020 Filing 8 Certification of of Alvin C. Lin concerning citizenship of Plaintiff Brainbuilders LLC on behalf of EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED. (Attachments: #1 Exhibit 1 - Status Report, #2 Exhibit 2 - Email dated September 17, 2020)(LIN, ALVIN)
September 17, 2020 Opinion or Order Filing 7 CONSENT ORDER extending Defendants time to answer, move or otherwise respond to the Complaint until 10/21/2020. Signed by Magistrate Judge Tonianne J. Bongiovanni on 09/17/2020. (jdb)
September 17, 2020 Opinion or Order Filing 6 CONSENT ORDER for admission Pro Hac Vice as to Howard S. Wolfson and Joaquin Ezcurra. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/17/2020. (mg)
September 15, 2020 Opinion or Order Filing 5 ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 10/20/2020 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 09/15/2020. (jdb)
September 15, 2020 Filing 4 CERTIFICATE OF SERVICE by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED re #3 Corporate Disclosure Statement (aty), #1 Notice of Removal, #2 Corporate Disclosure Statement (aty) (LIN, ALVIN)
September 15, 2020 Filing 3 Corporate Disclosure Statement by GROUP HEALTH INCORPORATED identifying HEALTH INSURANCE PLAN OF GREATER NEW YORK as Corporate Parent.. (LIN, ALVIN)
September 15, 2020 Filing 2 Corporate Disclosure Statement by EMBLEMHEALTH, INC.. (LIN, ALVIN)
September 15, 2020 Filing 1 NOTICE OF REMOVAL by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED from Superior Court of Monmouth County, case number MON-L-002594-20. ( Filing and Admin fee $ 400 receipt number ANJDC-11356031), filed by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Notice of Filing of Notice of Removal, #3 Exhibit 3 - Consent to Notice of Removal, #4 Civil Cover Sheet)(LIN, ALVIN) Modified on 9/15/2020 (jc, ).
September 15, 2020 Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (abr)

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Defendant: GROUP HEALTH INCORPORATED
Represented By: ALVIN C. LIN
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Defendant: THE CITY OF NEW YORK
Represented By: SCOTT PATRICK BRIDGE
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Defendant: NEW YORK CITY DEPARTMENT OF EDUCATION
Represented By: SCOTT PATRICK BRIDGE
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Defendant: EMBLEMHEALTH, INC.
Represented By: ALVIN C. LIN
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Defendant: NEW YORK CITY OFFICE OF LABOR RELATIONS
Represented By: SCOTT PATRICK BRIDGE
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Plaintiff: BRAINBUILDERS LLC
Represented By: YAAKOV POLLAK
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Plaintiff: H and D
Represented By: YAAKOV POLLAK
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