GOVERNMENT EMPLOYEES INSURANCE CO et al v. MIAN et al
| GOVERNMENT EMPLOYEES INSURANCE CO., GEICO INDEMNITY CO., GEICO GENERAL INSURANCE COMPANY and GEICO CASUALTY CO. |
| ATA CHAUDHRY, SHAHID MIAN, SURGERY CENTER OF ORADELL, LLC, PARKWAY AMBULATORY SURGERY CENTER, LLC, SADIA CHAUDHRY and DANNY CHAUDHRY |
| 3:2022cv00233 |
| January 19, 2022 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Georgette Castner |
| Zahid N Quraishi |
| Rukhsanah L Singh |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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Filing 104
ORDER that Plaintiff's #96 Motion for leave to file amended complaint is granted; Plaintiff shall file Amended complaint by 7/5/2022; #92 Motion to Dismiss shall be administratively terminated; Defendants shall file, or re-file any motion to dismiss based upon Plaintiff's amended complaint by no later than 7/26/2022. Signed by Magistrate Judge Rukhsanah L. Singh on 6/21/2022. (abr, )
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Filing 103
AMENDED DISCOVERY SCHEDULING ORDER: Fact Discovery is to be complete by 12/15/2022, and the telephone status conference scheduled for 6/23/2022 is adjourned to 8/25/2022 at 11:00 AM. Signed by Magistrate Judge Rukhsanah L. Singh on 6/21/2022. (jmh)
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Filing 102
AMENDED DISCOVERY SCHEDULING ORDER: The Status Telephone Conference scheduled for 6/23/2022 is adjourned to 8/25/2022 at 11:00 AM before Magistrate Judge Rukhsanah L. Singh. Fact Discovery is to be completed by 12/15/2022. Signed by Magistrate Judge Rukhsanah L. Singh on 6/21/2022. (jdg)
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Filing 101
Letter from the Parties to the Hon. Rukhsanah L. Singh, U.S.M.J. re: Joint Status Update re 90 Order,,. (Attachments: #1 Text of Proposed Order)(KANG, GENE)
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Pro Hac Vice fee for Colleen O'Neil #95 : $ 150, receipt number NEW046785 (jr)
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Filing 100
Letter from Andrew Gimigliano re #96 MOTION for Leave to File an Amended Complaint. (CONFORTI, DAMIAN)
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Filing 99
Letter from Plaintiffs to the Hon. Georgette Castner, U.S.D.J. re #96 MOTION for Leave to File an Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B)(KANG, GENE)
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Filing 98
REPLY BRIEF to Opposition to Motion filed by PARKWAY AMBULATORY SURGERY CENTER, LLC re #92 MOTION to Dismiss (CONFORTI, DAMIAN)
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Set Deadlines as to #96 MOTION for Leave to File an Amended Complaint. Motion set for 6/21/2022 before Magistrate Judge Rukhsanah L. Singh. 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, )
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Filing 97
MEMORANDUM in Opposition filed by GEICO CASUALTY CO., GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY CO., GOVERNMENT EMPLOYEES INSURANCE CO. re #92 MOTION to Dismiss (Attachments: #1 Declaration of Max Gershenoff, #2 Exhibit "1" to the Declaration of Max Gershenoff, #3 Certificate of Service)(KANG, GENE)
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Filing 96
MOTION for Leave to File an Amended Complaint by GEICO CASUALTY CO., GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY CO., GOVERNMENT EMPLOYEES INSURANCE CO.. (Attachments: #1 Brief, #2 Exhibit "1", #3 Exhibit "2", #4 Text of Proposed Order, #5 Certificate of Service)(KANG, GENE)
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Filing 95
ORDER granting pro hac vice admissions as to Colleen O'Neil. Signed by Magistrate Judge Rukhsanah L. Singh on 5/19/2022. (abr, )
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Filing 94
APPLICATION/PETITION for the Pro Hac Vice Admission of Colleen O'Neil for by GEICO CASUALTY CO., GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY CO., GOVERNMENT EMPLOYEES INSURANCE CO.. (Attachments: #1 Certification of Gene Y. Kang, #2 Certification of Colleen O'Neil, #3 Text of Proposed Order, #4 Certificate of Service)(KANG, GENE)
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Reset Deadlines as to #92 MOTION to Dismiss . Motion set for 6/6/2022 before Judge Georgette Castner. 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, )
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Filing 93
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #92 MOTION to Dismiss . (KANG, GENE)
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Set Deadlines as to #92 MOTION to Dismiss . Motion set for 5/16/2022 before Judge Georgette Castner. 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, )
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Filing 92
MOTION to Dismiss by PARKWAY AMBULATORY SURGERY CENTER, LLC. Responses due by 5/2/2022 (Attachments: #1 Brief in Support of Defendant Parkway Ambulatory Surgery Center, LLC's Motion To Dismiss, #2 Declaration of Andrew Gimigliano w Exhibit, #3 Text of Proposed Order Order)(GIMIGLIANO, ANDREW)
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Filing 91
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Georgette Castner for all further proceedings. Judge Zahid N. Quraishi no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 4/12/2022. (gxh)
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Filing 90
TEXT ORDER: Status telephone conference set for 6/23/2022 before Magistrate Judge Tonianne J. Bongiovanni is cancelled. A status conference via telephone is set for 6/23/2022 at 10:00 a.m. before Magistrate Judge Rukhsanah L. Singh. Kindly mark your calendars accordingly. The Court shall circulate dial-in information for the telephone conference at a later date. No later than three (3) business days prior to the telephone status conference, the parties shall submit a joint status letter to the Court via CM/ECF not to exceed three (3) pages, setting forth the status of discovery and identifying any issues ripe for discussion with the Court. So Ordered by Magistrate Judge Rukhsanah L. Singh on 4/11/2022. (mm)
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Magistrate Judge Rukhsanah L. Singh added. Magistrate Judge Tonianne J. Bongiovanni no longer assigned to case. (jjc, )
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Filing 89
ANSWER to Complaint with JURY DEMAND and Affirmative Defenses by ATA CHAUDHRY, SADIA CHAUDHRY, SURGERY CENTER OF ORADELL, LLC.(ROBERTS, KEITH)
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Filing 88
SCHEDULING ORDER: Telephone Conference set for 6/23/2022 at 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni; Fact Discovery due by 8/15/2022. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/29/2022. (abr, )
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Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 3/28/2022. (jem)
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Pro Hac Vice fee for Max Gershenoff and Jamie Greenwood: $ 300, receipt number NEW046397 (jr)
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Pro Hac Vice counsel, ROBERT E. HEWITT and MATTHEW J. CONROY, 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, )
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Filing 87
Notice of Request by Pro Hac Vice Robert E. Hewitt to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13263606.) (SCHWARTZ, EVAN)
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Filing 86
Notice of Request by Pro Hac Vice Matthew J. Conroy to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13263579.) (SCHWARTZ, EVAN)
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Filing 85
NOTICE of Appearance by JOANNA ZWOSTA on behalf of ATA CHAUDHRY, SADIA CHAUDHRY, SURGERY CENTER OF ORADELL, LLC (ZWOSTA, JOANNA)
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Filing 84
ORDER granting #80 Motion for Leave to Appear Pro Hac Vice as to Max Gershenoff and Jamie Greenwood. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/7/2022. (abr, )
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Filing 83
ORDER granting #77 Motion for Leave to Appear Pro Hac Vice as to Matthew J. Conroy. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/7/2022. (jal)
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Filing 82
ORDER granting #78 Motion for Leave to Appear Pro Hac Vice as to Robert E. B. Hewitt. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/7/2022. (jal)
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Set Deadlines as to #81 Amended MOTION for Leave to Appear Pro Hac Vice for Matthew J. Conroy, Esq., #80 MOTION for Leave to Appear Pro Hac Vice Max Gershenoff and Jamie Greenwood. Motion set for 4/4/2022 before Magistrate Judge Tonianne J. Bongiovanni. 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, )
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Filing 81
Amended MOTION for Leave to Appear Pro Hac Vice for Matthew J. Conroy, Esq. by SHAHID MIAN(MD PROFESSIONAL CORPORATION), SHAHID MIAN(M.D. P.C.), SHAHID MIAN(M.D.). (Attachments: #1 Declaration Matthew J. Conroy, Esq., #2 Certification Good Standing, #3 Proposed Order)(SCHWARTZ, EVAN)
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Filing 80
MOTION for Leave to Appear Pro Hac Vice Max Gershenoff and Jamie Greenwood by GEICO CASUALTY CO., GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY CO., GOVERNMENT EMPLOYEES INSURANCE CO.. (Attachments: #1 Statement in Lieu Brief Pursuant to L. Civ. R. 7.1(d)(4), #2 Certification of Gene Y. Kang, #3 Certification of Max Gershenoff, #4 Certification of Jamie Greenwood, #5 Text of Proposed Order, #6 Certificate of Service)(KANG, GENE)
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Filing 79
NOTICE of Appearance by GENE Y. KANG on behalf of GEICO CASUALTY CO., GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY CO., GOVERNMENT EMPLOYEES INSURANCE CO. (KANG, GENE)
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Filing 78
First MOTION for Leave to Appear Pro Hac Vice for Robert E. B. Hewitt, Esq. by SHAHID MIAN(MD PROFESSIONAL CORPORATION), SHAHID MIAN(M.D. P.C.), SHAHID MIAN(M.D.). (Attachments: #1 Declaration Robert E.B. Hewitt, Esq., #2 Certification Good Standing, #3 Proposed Order)(SCHWARTZ, EVAN)
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Filing 77
First MOTION for Leave to Appear Pro Hac Vice for Matthew J. Conroy, Esq. by SHAHID MIAN(MD PROFESSIONAL CORPORATION), SHAHID MIAN(M.D. P.C.), SHAHID MIAN(M.D.). (Attachments: #1 Declaration Matthew J. Conroy, Esq., #2 Certification Good Standing, #3 Proposed Order)(SCHWARTZ, EVAN)
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Set Deadlines as to #78 First MOTION for Leave to Appear Pro Hac Vice for Robert E. B. Hewitt, Esq., #77 First MOTION for Leave to Appear Pro Hac Vice for Matthew J. Conroy, Esq.. Motion set for 3/21/2022 before Magistrate Judge Tonianne J. Bongiovanni. 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, )
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Filing 76
NOTICE of Appearance by EVAN SANFORD SCHWARTZ on behalf of SHAHID MIAN(MD PROFESSIONAL CORPORATION), SHAHID MIAN(M.D. P.C.), SHAHID MIAN(M.D.) (SCHWARTZ, EVAN)
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Filing 75
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 3/28/2022 at 10:30 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/4/2022. (jal)
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Filing 74
NOTICE of Appearance by MOHAMED NABULSI on behalf of PARKWAY AMBULATORY SURGERY CENTER, LLC (NABULSI, MOHAMED)
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Filing 73
NOTICE of Appearance by ANDREW GIMIGLIANO on behalf of PARKWAY AMBULATORY SURGERY CENTER, LLC (GIMIGLIANO, ANDREW)
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Filing 72
NOTICE of Appearance by DAMIAN P. CONFORTI on behalf of PARKWAY AMBULATORY SURGERY CENTER, LLC (CONFORTI, DAMIAN)
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Filing 71
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:20-cv-06185. Original file certified copy of transfer order and docket sheet received.
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Judge Zahid N. Quraishi and Magistrate Judge Tonianne J. Bongiovanni added. (jal, )
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MINUTE ENTRY AND ORDER: A telephonic conference on defendants' motions to dismiss or transfer was held before Judge Rachel P. Kovner on 11/22/2021. Max Gershenoff and Jamie Greenwood appeared on behalf of plaintiffs. Shannon Carroll appeared on behalf of defendants Surgery Center of Oradell, LLC, Sadia Chaudhry, and Ata Chaudhry. Damian Conforti and Mohamed Nabulsi appeared on behalf of defendant Parkway Ambulatory Surgery Center, LLC. Robert Hewitt appeared on behalf of defendants Shahid Mian, M.D., Shahid Mian, MD Professional Corporation, and Shahid Mian M.D. P.C. For the reasons stated on the record, the case is transferred to the District of New Jersey and plaintiffs' motion to stay and enjoin is denied without prejudice. Ordered by Judge Rachel P. Kovner on 11/22/2021. (Court Reporter: Jennifer Thun) (Bell, Jason)
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Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Rachel P. Kovner on 11/22/2021. (Bell, Jason)
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ORDER granting #70 Motion for Extension of Time to Complete Discovery. The pretrial schedule is amended as follows: parties to amend pleadings or join additional parties by 2/3/2022; affirmative expert disclosures due by 4/4/2022; rebuttal expert disclosures due by 5/3/2022; parties to complete all discovery, including fact discovery and expert depositions, by 6/6/2022. Parties to submit a joint status report by 2/3/2022 and to indicate in the report whether they would like a referral to Court-annexed mediation or a settlement conference. Parties shall initiate any dispositive motion practice 30 days after the close of discovery in accordance with the Individual Practices of the assigned District Judge. Ordered by Magistrate Judge James R. Cho on 11/3/2021. (Grieff, Robin)
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Filing 70
Consent MOTION for Extension of Time to File Consent motion for extension - Proposed Revised Scheduling Order by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Attachments: #1 Proposed Revised Scheduling Order) (Greenwood, Jamie)
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SCHEDULING ORDER: Oral argument on the motions to dismiss and transfer will be held by telephone before Judge Rachel P. Kovner on 11/22/2021 at 9:30 am. The parties are directed to call (888) 278-0296 and enter the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 10/26/2021. (Bell, Jason)
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Filing 69
REPLY in Support re #67 MOTION to Dismiss for Lack of Jurisdiction or Transfer Venue filed by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC. (Roberts, Keith)
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Filing 68
MEMORANDUM in Opposition re #67 MOTION to Dismiss for Lack of Jurisdiction or Transfer Venue filed by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC. (Attachments: #1 Declaration) (Roberts, Keith)
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Filing 67
MOTION to Dismiss for Lack of Jurisdiction or Transfer Venue by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Proposed Order) (Roberts, Keith)
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Filing 66
REPLY in Support re #65 Memorandum in Opposition, #64 MOTION to Change Venue filed by Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation. (Hewitt, Robert)
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Filing 65
MEMORANDUM in Opposition re #64 MOTION to Change Venue filed by Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation. (Attachments: #1 Declaration) (Hewitt, Robert)
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Filing 64
MOTION to Change Venue by Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation. (Attachments: #1 Declaration, #2 Memorandum in Support) (Hewitt, Robert)
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Filing 63
Letter Noticing Service of Reply Brief for Motion to Dismiss or Transfer by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC (Roberts, Keith)
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Minute Entry for Status Conference proceedings held on 10/7/2021 before Magistrate Judge James R. Cho: counsel for all parties appeared. Parties are engaged in discovery. The scheduling order entered on 6/1/2021 remains in place. Parties to submit a joint status report by 1/7/2022. Parties to notify the Court if they would like a referral to Court-annexed mediation or a settlement conference. (FTR Log #AT&T Conference Bridge.) (Maneval, Sarah)
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Filing 62
REPLY in Support re #60 MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue or Sever and Transfer Venue filed by Parkway Ambulatory Surgery Center, LLC. (Conforti, Damian)
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Filing 61
MEMORANDUM in Opposition re #60 MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue or Sever and Transfer Venue filed by Parkway Ambulatory Surgery Center, LLC. (Attachments: #1 Declaration of Antonietta Guastaferro) (Conforti, Damian)
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Filing 60
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Change Venue or Sever and Transfer Venue by Parkway Ambulatory Surgery Center, LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss, Transfer, or Sever, #2 Declaration of Saad Waqas) (Conforti, Damian)
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Filing 59
Letter Cover Letter re: Plaintiffs' Opposition to Parkway Ambulatory Surgery Center, LLC's Motion to Dismiss or Transfer Venue by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Greenwood, Jamie)
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Filing 58
Letter Cover Letter re: Plaintiffs' Opposition to Shahid Mian, M.D, Shahid Mian, M.D. P.C., and Shahid Mian, M.D. Professional Corporation's Motion to Dismiss or Transfer Venue by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Greenwood, Jamie)
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Filing 57
Letter Cover Letter re: Plaintiffs' Opposition to Sadia Chaudhry, Ata Chaudhry a/k/a Danny Chaudhry, and Surgery Center of Oradell's Motion to Dismiss or Transfer Venue by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Greenwood, Jamie)
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Filing 56
Letter noticing service of Mian Defendants' Motion to transfer venue to District of NJ by Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation (Hewitt, Robert)
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Filing 55
Letter serving Chaudhry Defendants' Motion to Dismiss or Transfer Venue by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC (Roberts, Keith)
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Filing 54
Letter Serving Parkway's Motion to Dismiss or Transfer by Parkway Ambulatory Surgery Center, LLC (Conforti, Damian)
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Filing 53
REPLY in Support re #50 Memorandum in Opposition filed by All Plaintiffs. (Gershenoff, Max)
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Filing 52
REPLY in Support re #49 Memorandum in Opposition, filed by All Plaintiffs. (Gershenoff, Max)
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Filing 51
REPLY in Support re #48 Memorandum in Opposition filed by All Plaintiffs. (Gershenoff, Max)
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Filing 50
MEMORANDUM in Opposition re #42 MOTION to Stay and Enjoin Underlying Collection Proceedings filed by Parkway Ambulatory Surgery Center, LLC. (Attachments: #1 Declaration of Saad Waqas) (Conforti, Damian)
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Filing 49
MEMORANDUM in Opposition re #42 MOTION to Stay and Enjoin Underlying Collection Proceedings filed by Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation. (Attachments: #1 Declaration of Shahid Mian, M.D.) (Conroy, Matthew)
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Filing 48
MEMORANDUM in Opposition re #42 MOTION to Stay and Enjoin Underlying Collection Proceedings filed by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC. (Attachments: #1 Declaration) (Roberts, Keith)
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ORDER: Defendant requests an extension of time to answer the complaint at #46 . The Court's Individual Rule III.A automatically refers requests for extensions of time to answer to Magistrate Judge Cho. Because defendant filed a letter at #47 withdrawing the letter at #46 , defendant may refile a request for an extension of time addressed to Judge Cho. Ordered by Judge Rachel P. Kovner on 7/30/2021. (Bell, Jason)
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Filing 47
Letter Withdrawing Parkway's Request for a Pre-Motion Conference by Parkway Ambulatory Surgery Center, LLC (Conforti, Damian)
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Filing 46
Letter requesting a pre-motion conference in anticipation of Parkway's motion to transfer venue to the District of New Jersey and request for an extension of time to respond to the Complaint by Parkway Ambulatory Surgery Center, LLC (Conforti, Damian)
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Filing 45
NOTICE of Appearance by Robert E. B. Hewitt, III on behalf of Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation (aty to be noticed) (Hewitt, Robert)
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Filing 44
REPLY in Opposition re #43 MOTION for pre motion conference re Motion to Dismiss under 12 (b) filed by All Plaintiffs. (Gershenoff, Max)
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ORDER: This case was reassigned to Judge Rachel P. Kovner on 7/23/2021. The pre-motion conference scheduled by Judge Kuntz for 8/30/2021 is terminated. The requests for pre-motion conferences at #37 and #43 are denied. Defendants Parkway Ambulatory Surgery Center, LLC, Ata Chaudhry, Sadia Chaudhry, and Surgery Center of Oradell, LLC may brief their motions without a pre-motion conference in accordance with the Court's Individual Rules. Defendants shall serve their motions to dismiss and transfer on plaintiffs by 8/27/2021. Plaintiffs shall serve their responses on defendants by 9/27/2021. Defendants shall serve their replies, if any, by 10/11/2021. By 10/15/2021, defendants shall bundle and file the complete motions briefings on the docket in accordance with Individual Rule IV.B.3. Ordered by Judge Rachel P. Kovner on 7/27/2021. (Bell, Jason)
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SCHEDULING ORDER: Defendants shall file their responses to plaintiffs' motion to stay and enjoin underlying collection proceedings by 8/10/2021. Plaintiffs shall file their responses, if any, by 8/17/2021. Ordered by Judge Rachel P. Kovner on 7/27/2021. (Bell, Jason)
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Filing 43
MOTION for pre motion conference re Motion to Dismiss under 12 (b) by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC. (Carroll, Shannon)
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ORDER REASSIGNING CASE. Case reassigned to Judge Rachel P. Kovner for all further proceedings. Judge William F. Kuntz, II no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 7/23/2021. (Bowens, Priscilla)
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Filing 42
MOTION to Stay and Enjoin Underlying Collection Proceedings by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Attachments: #1 Plaintiffs' Memorandum of Law in Support of Their Motion to Stay and Enjoin Defendants' Collections Proceedings, #2 Declaration of Antonietta Guastaferro) (Greenwood, Jamie)
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Filing 41
ORDER: The Court hereby GRANTS Defendant Parkway Ambulatory Surgery Center, LLC's ("Parkway's") request for a pre-motion conference in anticipation of a motion to transfer venue and a request for an extension of time to respond to the complaint. ECF No. #37 . The conference will take place on August 30, 2021 at 10:30 A.M. in Courtroom 6H North of the United States Courthouse, 225 Cadman Plaza E, Brooklyn, NY, 11201. So Ordered by Judge William F. Kuntz, II on 7/19/2021. (Love, Alexis)
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Filing 40
ORDER granting #39 Motion for Protective Order. Ordered by Magistrate Judge James R. Cho on 7/19/2021. (Gillespie, Saudia)
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Filing 39
Letter MOTION for Protective Order Proposed Confidentiality Order with Request to So-Order by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Attachments: #1 Proposed Confidentiality Order) (Greenwood, Jamie)
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Filing 38
REPLY in Opposition re #37 Letter, requesting pre-motion conference filed by All Plaintiffs. (Gershenoff, Max)
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Filing 37
Letter requesting a pre-motion conference in anticipation of Parkway's motion to transfer venue to the District of New Jersey and request for an extension of time to respond to the Complaint by Parkway Ambulatory Surgery Center, LLC (Conforti, Damian)
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Case Reassigned to Judge William F. Kuntz, II. Judge Roslynn R. Mauskopf no longer assigned to the case. 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. (Mahoney, Brenna)
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Filing 36
NOTICE of Appearance by Maria Campese on behalf of Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation (aty to be noticed) (Campese, Maria)
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Minute Entry for Telephone Conference held on 7/9/2021 before Magistrate Judge James R. Cho: Counsel for all parties appeared. Argument heard with respect to defendant Parkway Ambulatory Service Center's (Parkway) motion to quash plaintiff's subpoena to JPMorgan Chase Bank for Parkway's corporate bank records (DE #33 ). For the reasons stated on the record, the Court grants in part and denies in part defendant Parkway's motion to quash. The Court permits plaintiff to subpoena Parkway's corporate bank records, but excludes from the subpoena, as agreed to by plaintiff, information relating to deposits into the account. The Court grants plaintiff leave to renew its request for deposit information, if necessary. The Court finds the subpoenaed records relevant in light of plaintiff's allegations that Parkway and its de facto owner were involved in a no-fault insurance fraud scheme. Parkway's bank records may contain evidence of alleged fraud, kickbacks, and A. Chaudhry's ownership interest in Parkway. Further, Courts repeatedly have found that the bank records sought here are relevant to no-fault insurance fraud and RICO claims brought against medical providers. Parties to submit an appropriate protective order for the subpoenaed records by 7/16/2021. (FTR Log #AT&T Conference Bridge.) (Hazelwood, John)
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ORDER terminating #34 Motion for Pre Motion Conference pursuant to this Court's 6/23/2021 Order. This request may be refiled upon transfer to the new District Judge, in accordance with that that judge's individual motion practices and rules. Ordered by Judge Roslynn R. Mauskopf on 7/6/2021. (Prather, Lucy)
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Filing 35
Letter requesting extension of time to respond to Plaintiffs' request to file a motion pursuant to Fed. R. Civ. P. 65 for temporary injunctive relief by Parkway Ambulatory Surgery Center, LLC (Conforti, Damian)
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Filing 34
Letter MOTION for pre motion conference regarding proposed motion to stay and enjoin Defendants' collections proceedings pending the disposition of this action by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Attachments: #1 Exhibit) (Gershenoff, Max)
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SCHEDULING ORDER re #33 : A Telephone Conference is set for 7/9/2021 at 10:30 AM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 6/29/2021. (Hazelwood, John)
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Filing 33
Letter filed jointly by Plaintiff GEICO and Defendant Parkway Ambulatory Surgery Center, LLC re the Parties' FRCP 45 Deposition Dispute by Parkway Ambulatory Surgery Center, LLC (Conforti, Damian)
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ORDER terminating #24 Motion for Pre Motion Conference. This action will shortly be transferred to a new District Judge. This request may be refiled in accordance with that that judge's individual motion practices and rules. Ordered by Judge Roslynn R. Mauskopf on 6/23/2021. (Caspari, Alexander)
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ORDER re #32 : The Court endorses the parties Revised Proposed Scheduling Order #32 . A Telephonic Status Conference is set for 10/7/2021 at 11:00 AM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 6/1/2021. (Hazelwood, John)
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Filing 32
Proposed Scheduling Order Revised Proposed Scheduling Order Pursuant to the Court's May 20, 2021 Scheduling Order by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Revised Proposed Scheduling Order) (Greenwood, Jamie)
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Minute Entry for Telephonic Initial Conference held on 5/20/2021 before Judge James R. Cho: Max Gershenoff and Jamie Greenwood appeared for Plaintiffs; Matthew Conroy appeared for Mian Defendants; Shannon Carroll appeared for Surgery Center of Oradell LLC and Chaudhry Defendants; and Damian Conforti and Jacqueline Vogt appeared for Parkway Ambulatory Surgery Center Defendant. The Court heard argument from Defendants objecting to discovery and requesting a stay. The Court ordered the parties to commence discovery. Parties to meet and confer and submit a revised proposed discovery schedule by 5/27/2021. (FTR Log #12:00-12:22.) (Maneval, Sarah)
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Filing 31
Letter covering proposed scheduling order by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co., Proposed Scheduling Order by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit Proposed Scheduling Order) (Gershenoff, Max)
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Filing 30
First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-14467176. by Parkway Ambulatory Surgery Center, LLC. (Attachments: #1 Affidavit in Support of Mohamed H. Nabulsi, #2 Affidavit in Support of Jacqueline Greenberg Vogt, #3 Proposed Order) (Nabulsi, Mohamed)
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ORDER granting #30 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 5/13/2021. (Hazelwood, John)
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PRO HAC VICE FILING FEE: re #24 MOTION for pre motion conference re #1 Complaint,,, extending time to answer or Transfer venue $ 150, receipt number ANYEDC-14462725 (Conforti, Damian)
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Filing 29
ORDER re #28 : An Initial Conference is set for 5/20/2021 at 12:00 PM before Magistrate Judge James R. Cho. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 5/13/2021. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/29/2021. (Attachments: #1 Proposed Order) (Hazelwood, John)
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Filing 28
Letter MOTION for Discovery requesting Court schedule initial conference by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Gershenoff, Max)
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Filing 27
NOTICE of Appearance by Jamie Greenwood on behalf of GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (aty to be noticed) (Greenwood, Jamie)
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Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Ramon E. Reyes, Jr no longer assigned to the case. 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. Motions referred to James R. Cho. (Mahoney, Brenna)
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Filing 26
NOTICE of Appearance by Jacqueline Greenberg Vogt on behalf of Parkway Ambulatory Surgery Center, LLC (aty to be noticed) (Vogt, Jacqueline)
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Filing 25
REPLY in Opposition re #24 MOTION for pre motion conference re #1 Complaint,,, extending time to answer or Transfer venue filed by All Plaintiffs. (Gershenoff, Max)
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ORDER re #24 MOTION for pre-motion conference. Plaintiffs are directed to respond to this pre-motion conference request on or before 2/26/2021. Defendant Parkway Ambulatory Surgery Center's time to answer or otherwise respond to the complaint is extended to 14 days after the pre-motion conference request is adjudicated or, if permission to file a motion is granted, 14 days after that motion is adjudicated. Ordered by Judge Roslynn R. Mauskopf on 2/22/2021. (Caspari, Alexander)
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Filing 24
MOTION for pre motion conference re #1 Complaint,,, extending time to answer or Transfer venue by Parkway Ambulatory Surgery Center, LLC. (Conforti, Damian)
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Filing 23
ANSWER to #1 Complaint,,, by Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation. (Conroy, Matthew)
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Filing 22
REPLY in Opposition re Order on Motion for Pre Motion Conference, response to Chaudhry Defendants' request for pre-motion conference filed by All Plaintiffs. (Gershenoff, Max)
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Filing 21
MOTION for Extension of Time to File Answer re #1 Complaint,,, by Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation. (Attachments: #1 Stipulation) (Conroy, Matthew)
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ORDER granting #21 Motion for Extension of Time to Answer All Defendants. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/29/2021. (Reyes, Ramon)
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Filing 20
NOTICE of Appearance by Matthew J. Conroy on behalf of Shahid Mian, MD, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation (aty to be noticed) (Conroy, Matthew)
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ORDER granting #19 Motion for extension of time to answer complaint. Defendants Sadia Chaudhry, Ata Chaudhry, and Surgery Center of Oradell, LLC, shall file their answer to the complaint 14 days after the pre-motion conference is held or, if permission to brief the motion is granted, 14 days after that motion is adjudicated. Plaintiff shall have until 2/3/2021 to respond to this pre-motion conference request. Ordered by Chief Judge Roslynn R. Mauskopf on 1/28/2021. (Caspari, Alexander)
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Filing 19
MOTION for pre motion conference re #1 Complaint,,, Motion to Dismiss under 12(b)(2) or Alternatively Transfer by Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC. (Carroll, Shannon)
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Filing 18
SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Surgery Center of Oradell, LLC served on 1/6/2021, answer due 1/27/2021. (Gershenoff, Max)
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Filing 17
SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Shahid Mian, MD Professional Corporation served on 1/6/2021, answer due 1/27/2021. (Gershenoff, Max)
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Filing 16
SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Shahid Mian, MD served on 1/7/2021, answer due 1/28/2021. (Gershenoff, Max)
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Filing 15
SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Sadia Chaudhry served on 1/6/2021, answer due 1/27/2021. (Gershenoff, Max)
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Filing 14
SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Ata Chaudhry served on 1/6/2021, answer due 1/27/2021. (Gershenoff, Max)
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Filing 13
NOTICE of Appearance by Damian Peter Conforti on behalf of Parkway Ambulatory Surgery Center, LLC (notification declined or already on case) (Conforti, Damian)
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Filing 12
Letter to Hon. Judge Reyes Re: NOA by Parkway Ambulatory Surgery Center, LLC (Conforti, Damian)
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Filing 11
NOTICE of Appearance by Damian Peter Conforti on behalf of Ata Chaudhry, Sadia Chaudhry, Parkway Ambulatory Surgery Center, LLC (aty to be noticed) (Conforti, Damian)
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Filing 10
NOTICE of Appearance by Shannon Carroll on behalf of Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC (aty to be noticed) (Carroll, Shannon)
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Filing 9
NOTICE of Appearance by Keith J. Roberts on behalf of Ata Chaudhry, Sadia Chaudhry, Surgery Center of Oradell, LLC (aty to be noticed) (Roberts, Keith)
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Filing 8
WAIVER OF SERVICE Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Parkway Ambulatory Surgery Center, LLC waiver sent on 12/28/2020, answer due 2/26/2021. (Gershenoff, Max)
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Filing 7
NOTICE of Appearance by Michael Vanunu on behalf of GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (aty to be noticed) (Vanunu, Michael)
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Filing 6
NOTICE of Appearance by Barry I. Levy on behalf of GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (aty to be noticed) (Levy, Barry)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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Filing 4
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. (Bowens, Priscilla)
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Filing 3
Summons Issued as to All Defendants. (Bowens, Priscilla)
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Filing 2
Corporate Disclosure Statement by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent GEICO Corporation for GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Gershenoff, Max)
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Filing 1
COMPLAINT against Ata Chaudhry, Sadia Chaudhry, Shahid Mian, MD, Parkway Ambulatory Surgery Center, LLC, Shahid Mian M.D. P.C., Shahid Mian, MD Professional Corporation, Surgery Center of Oradell, LLC filing fee $ 402, receipt number ANYEDC-13870369 Was the Disclosure Statement on Civil Cover Sheet completed - NO,, filed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider, #3 Exhibit 1 - Representative Sample of Fraudulent Claims - Shahid Mian MD PC, #4 Exhibit 2 - Representative Sample of Fraudulent Claims - Shahid Mian MD Professional Corporation, #5 Exhibit 3 - Representative Sample of Fraudulent Claims - Surgery Center of Oradell, LLC, #6 Exhibit 4 - Representative Sample of Fraudulent Claims - Parkway Ambulatory Surgery Center, LLC) (Gershenoff, Max)
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Case Assigned to Chief Judge Roslynn R. Mauskopf and Magistrate Judge Ramon E. Reyes, Jr. 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. (Bowens, Priscilla)
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