Government Employees Insurance Company et al v. GONY Medical Services, PC et al
| Geico Casualty Company and Geico General Insurance Company |
| Joseph Lodespoto, John Doe Defendants Nos. 1-5, Utica Park Chiropractic of NY, PC, GONY Medical Services, PC, Thomas Pattugalan, J.R., M.D. and Inna Zamoshet |
| Kuangyu Zheng, Yu Long Acupuncture, PC, Ferdinand Guarin and Preferred Care Physical Therapy, PC |
| Geico Indemnity Company and Government Employees Insurance Company |
| 1:2017cv04344 |
| July 21, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Sanket J Bulsara |
| Nicholas G Garaufis |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Civil Case Terminated. (Manson, Eddie) |
Filing 58
Stipulation and Order Without Prejudice as against Defendants: Joseph Lodespoto and Utica Park Chiropractic of NY, PC terminated.Ordered by Judge Nicholas G. Garaufis on 10/3/2018. (Fernandez, Erica)
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| Filing 57 STIPULATION of Dismissal without prejudice against Defendants Joseph Lodespoto and Utica Park Chiropractic of NY, PC by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company (Tiscione, Frank) |
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ORDER: The parties have indicated that they have reached a settlement #56 . The settlement conference scheduled for 9/18/2018 is hereby adjourned sine die. The parties are directed to file a stipulation of dismissal by October 12, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/12/2018. (Zhang, Fan)
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| Filing 56 STATUS REPORT Plaintiffs have reached a settlement with defendants Utica Park Chiropractic of NY, P.C. and Joseph Lodespoto by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company (Tiscione, Frank) |
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ORDER: The motion for an extension of time #55 is granted. The deadline to join additional parties or amend the pleadings is extended to September 21, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/2/2018. (Zhang, Fan)
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| Filing 55 Letter MOTION for Extension of Time to File Settlement Negotiations by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company. (Tiscione, Frank) |
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RE-SCHEDULING ORDER: Due to a scheduling conflict the in person settlement conference scheduled for 9/18/2018 at 2:00 P.M. will now be held at 10:00 A.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. Counsel are directed to follow Judge Bulsara's Individual Practices Regarding Settlement Conference which are available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/14/2018. (Manson, Eddie)
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| NOTICE: Counsel please note the settlement conference scheduled for 9/18/2018 at 2:00 P.M. before Judge Bulsara will remain as scheduled. (Manson, Eddie) |
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ORDER: The motion for an extension of time #54 is granted. Defendants have until July 13, 2018 to respond to Plaintiffs' document requests and interrogatories. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/13/2018. (Zhang, Fan)
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| Filing 54 Letter MOTION for Extension of Time to Complete Discovery (on Consent) by Joseph Lodespoto, Utica Park Chiropractic of NY, PC. (Eisenberg, Lloyd) |
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Filing 53
ORDER: The proposed stipulation of confidentiality and protective order, Dkt. No. #52 , is so ordered. To the extent that any portion of the stipulation is inconsistent with this Court's procedures for sealing documents or the standards governing the ability of this Court to permit the sealing of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/2/2018. (Zhang, Fan)
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| Filing 52 Letter MOTION for Discovery Proposed Confidentiality Order by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company. (Attachments: #1 Proposed Order) (Tiscione, Frank) |
| Filing 51 NOTICE of Appearance by Ruya Carton on behalf of Joseph Lodespoto, Utica Park Chiropractic of NY, PC (aty to be noticed) (Carton, Ruya) |
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ORDER: The motion for an extension of time #50 is granted. Defendants have until July 9, 2018 to respond to Plaintiffs' document requests and interrogatories. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/25/2018. (Zhang, Fan)
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| Filing 50 Letter MOTION for Extension of Time to Complete Discovery (Responses to Document Requests and Interrogatories) on Consent by Joseph Lodespoto, Utica Park Chiropractic of NY, PC. (Eisenberg, Lloyd) |
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Filing 49
Stipulation of Dismissal without Prejudice as against Defendants Thomas Pattugalan, J.R., M.D., Preferred Care Physical Therapy, PC, Yu Long Acupuncture, PC, Inna Zamoshet, Kuangyu Zheng, GONY Medical Services, PC and Ferdinand Guarin. So Ordered by Judge Nicholas G. Garaufis on 6/7/2018. (Lee, Tiffeny)
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| Filing 48 STIPULATION of Dismissal Without Prejudice as against Defendants Thomas Pattugalan, J.R., M.D., GONY Medical Services, P.C., Ferdinand Guarin, Preferred Care Physical Therapy, P.C., Kuangyu Zheng, Yu Long Acupuncture, P.C. and Inna Zamoshet by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company (Tiscione, Frank) |
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SCHEDULING ORDER: The proposed discovery schedule #47 is so ordered. The close of all discovery is set for February 28, 2019. A settlement conference is scheduled for 9/18/2018 at 2:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. Parties are to submit their respective settlement positions ex parte to the Chambers email no later than three days before 9/18/2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/25/2018. (Zhang, Fan)
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| Filing 47 REPORT of Rule 26(f) Planning Meeting (Tiscione, Frank) |
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ORDER: The motion to withdraw as attorney #26 is granted. Attorney Mark L. Furman is terminated from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/17/2018. (Zhang, Fan)
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| Filing 46 Letter MOTION to Withdraw as Attorney by Joseph Lodespoto, Utica Park Chiropractic of NY, PC. (Furman, Mark) |
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Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: A settlement conference was held before Magistrate Judge Bulsara on 5/15/2018. Counsel for all parties were present; Defendant Lodespoto and a representative for Plaintiffs were also present. A settlement was not reached. The parties are directed to submit a joint proposal to amend the current discovery schedule by May 24, 2018. The parties should also indicate if they would like to schedule another settlement conference and propose mutually convenient dates. So Ordered by Magistrate Judge Sanket J. Bulsara. (FTR Log #10:15-10:16; 11:33-11:36.) (Zhang, Fan)
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| Filing 45 NOTICE of Appearance by Lloyd M. Eisenberg on behalf of Joseph Lodespoto, Utica Park Chiropractic of NY, PC (aty to be noticed) (Eisenberg, Lloyd) |
| Filing 44 NOTICE of Consent to Change Attorney by Lloyd M. Eisenberg (Eisenberg, Lloyd) |
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SCHEDULING ORDER: An in person settlement conference as to the remaining defendants will take place on May 15, 2018 at 10:00 A.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The parties are reminded to submit their respective settlement positions via ex parte to Chamber's email no later than three days before May 15, 2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/1/2018. (Manson, Eddie)
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ORDER: The parties have indicated that they have reached a settlement. The settlement conference scheduled for May 15, 2018 is hereby adjourned sine die. The parties are directed to file a stipulation of dismissal as to defendants GONY Medical Services, PC, Thomas Pattugalan, J.R., M.D.., Preferred Care Physical Therapy, PC, Ferdinand Guarin, Yu Long Acupuncture, PC, Kuangyu Zheng and Inna Zamoshet; by May 25, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/25/2018. (Zhang, Fan) Modified on 5/1/2018 (Manson, Eddie).
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| Filing 43 STATUS REPORT regarding a settlement in principle with defendants GONY Medical Services, PC, Thomas Pattugalan, J.R., M.D., Preferred Care Physical Therapy, PC, Ferdinand Guarin, Yu Long Acupuncture, PC, Kuangyu Zheng, and Inna Zamoshet by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company (Tiscione, Frank) |
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ORDER: The motion to withdraw as attorney #42 is granted. Attorney Pablo A. Fernandez is terminated from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/17/2018. (Zhang, Fan)
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ORDER: The motion to adjourn the settlement conference #41 is granted. The settlement conference is rescheduled for May 15, 2018 at 10:00 AM in Courtroom 324N before Magistrate Judge Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/17/2018. (Zhang, Fan)
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| Filing 42 Letter MOTION to Withdraw as Attorney by GONY Medical Services, PC, Ferdinand Guarin, Thomas Pattugalan, J.R., M.D., Preferred Care Physical Therapy, PC, Yu Long Acupuncture, PC, Inna Zamoshet, Kuangyu Zheng. (Fernandez, Pablo) |
| Filing 41 Letter MOTION to Adjourn Conference by Joseph Lodespoto, Utica Park Chiropractic of NY, PC. (Furman, Mark) |
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RE-SCHEDULING ORDER: Due to a scheduling conflict the in person settlement conference scheduled for 4/19/2018 at 2:00 P.M. will now be held at 1:30 P.M. in Courtroom 324N before Magistrate Judge Bulsara. Parties are to submit their respective settlement positions via ex parte to Chamber's email no later than three days before 4/19/2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/30/2018. (Manson, Eddie)
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Filing 40
SCHEDULING ORDER: The parties shall submit joint certification that discovery has been completed by 12/30/2018. Other deadlines set based on parties' submitted joint discovery worksheet and are reflected in the attached order. An in-person settlement conference will be held on 4/19/2018 at 2:00 P.M. before Magistrate Judge Bulsara in Courtroom 324N. Parties are to submit their respective settlement positions via ex parte to Chambers email no later than three days before 4/19/2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/24/2018. (Manson, Eddie)
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| Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 1/24/2018. Counsel for both parties was present. ( See separate docket entry for order issuing from this proceeding). (FTR Log #10:00-10:19:45.) (Manson, Eddie) |
| Filing 39 REPORT of Rule 26(f) Planning Meeting (Tiscione, Frank) |
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ORDER : The letter motion #36 requesting an initial conference is granted. Parties are directed to refer to Scheduling Order Docket Entry #38 . So Ordered by Magistrate Judge Sanket J. Bulsara on 10/12/2017. (Manson, Eddie)
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Filing 38
SCHEDULING ORDER: An in-person initial conference will be held at 10:00 AM on 1/24/2018 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two (2) days before 1/24/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/12/2017. (Manson, Eddie)
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Filing 37
STIPULATION AND ORDER granting #35 Motion to Withdraw Counterclaim of Certain Defendants. So Ordered by Judge Nicholas G. Garaufis on 10/12/2017. (Lee, Tiffeny)
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| Filing 36 Letter MOTION for Hearing Initial Conference by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company. (Tiscione, Frank) |
| Filing 35 Letter MOTION to Withdraw Stipulation and Order Withdrawing Counterclaim of Certain Defendants by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company. (Sirignano, Michael) |
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ORDER re Plaintiffs' #34 Application for a Pre-Motion Conference: The Application is GRANTED. The parties are directed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Plaintiffs' time to answer the counterclaims asserted by Defendants GONY Medical Servieces, PC, Thomas Pattugalan, Jr., Preferred Care Physical Therapy, PC, Ferdinand Guarin, Yu Long Acupuncture, PC, and Kuangyu Zheng is extended until fourteen days following entry of the order deciding Plaintiffs' anticipated motion to dismiss. Ordered by Judge Nicholas G. Garaufis on 10/4/2017. (Scott, Conrad)
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| Filing 34 Letter MOTION for pre motion conference by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company. (Sirignano, Michael) |
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SCHEDULING ORDER: As plaintiffs' counsel and counsel for defendants' GONY Medical Services P.C., Thomas Pattugalan, J.R., M.D., Preferred Care Physical Therapy P.C., Ferdinand Guarin, Yu Long Acupuncture P.C, and Kuangyu Zheng recently stipulated to allow plaintiff until October 3, 2017 to respond to defendants' counterclaims, the Court cancels the September 28, 2017 initial conference. The Court shall set an initial conference once plaintiffs have responded to the defendants' counterclaims. Ordered by Magistrate Judge Lois Bloom on 9/15/2017. (DeAtley, Tavish)
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| Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Lois Bloom 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) |
| Filing 33 ANSWER to #1 Complaint, by Joseph Lodespoto, Utica Park Chiropractic of NY, PC. (Furman, Mark) |
| Filing 32 STIPULATION Extending Time to Answer by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company, Government Employees Insurance Company (Tiscione, Frank) |
| Filing 31 NOTICE of Appearance by Pablo A. Fernandez on behalf of Yu Long Acupuncture, PC, Kuangyu Zheng (aty to be noticed) (Fernandez, Pablo) |
| Filing 30 NOTICE of Appearance by Pablo A. Fernandez on behalf of Ferdinand Guarin, Preferred Care Physical Therapy, PC (aty to be noticed) (Fernandez, Pablo) |
| Filing 29 NOTICE of Appearance by Pablo A. Fernandez on behalf of Inna Zamoshet (aty to be noticed) (Fernandez, Pablo) |
| Filing 28 NOTICE of Appearance by Pablo A. Fernandez on behalf of GONY Medical Services, PC, Thomas Pattugalan, J.R., M.D. (aty to be noticed) (Fernandez, Pablo) |
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SCHEDULING ORDER: The Court shall hold an initial conference on September 28, 2017 at 11:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange initial disclosures pursuant to Rule 26(a)(1) and file the Rule 26(f) meeting report by September 21, 2017. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 8/23/2017. (Doody, Sara)
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| Filing 27 ANSWER to #1 Complaint, by Inna Zamoshet. (Horn, Charles) |
| Filing 26 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by Yu Long Acupuncture, PC, Kuangyu Zheng. (Horn, Charles) |
| Filing 25 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by Preferred Care Physical Therapy, PC, Ferdinand Guarin. (Horn, Charles) |
| Filing 24 ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by Thomas Pattugalan, J.R., M.D., GONY Medical Services, PC. (Horn, Charles) |
| Filing 23 NOTICE of Appearance by Charles H. Horn on behalf of Ferdinand Guarin, Preferred Care Physical Therapy, PC (aty to be noticed) (Horn, Charles) |
| Filing 22 NOTICE of Appearance by Charles H. Horn on behalf of Yu Long Acupuncture, PC, Kuangyu Zheng (aty to be noticed) (Horn, Charles) |
| Filing 21 NOTICE of Appearance by Charles H. Horn on behalf of Inna Zamoshet (aty to be noticed) (Horn, Charles) |
| Filing 20 NOTICE of Appearance by Charles H. Horn on behalf of GONY Medical Services, PC, Thomas Pattugalan, J.R., M.D. (aty to be noticed) (Horn, Charles) |
| Filing 19 NOTICE of Appearance by Priscilla DeLing Kam on behalf of All Plaintiffs (aty to be noticed) (Kam, Priscilla) |
| Filing 18 NOTICE of Appearance by Barry I. Levy on behalf of All Plaintiffs (aty to be noticed) (Levy, Barry) |
| Filing 17 NOTICE of Appearance by Frank Peter Tiscione, Jr on behalf of All Plaintiffs (aty to be noticed) (Tiscione, Frank) |
| Filing 16 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Ferdinand Guarin served on 8/1/2017, answer due 8/22/2017. (Sirignano, Michael) |
| Filing 15 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Kuangyu Zheng served on 8/1/2017, answer due 8/22/2017. (Sirignano, Michael) |
| Filing 14 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Joseph Lodespoto served on 8/2/2017, answer due 9/13/2017. (Sirignano, Michael) |
| Filing 13 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Thomas Pattugalan, J.R., M.D. served on 8/2/2017, answer due 8/23/2017. (Sirignano, Michael) |
| Filing 12 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Inna Zamoshet served on 8/2/2017, answer due 8/23/2017. (Sirignano, Michael) |
| Filing 11 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. GONY Medical Services, PC served on 8/1/2017, answer due 8/22/2017. (Sirignano, Michael) |
| Filing 10 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Utica Park Chiropractic of NY, PC served on 8/1/2017, answer due 9/13/2017. (Sirignano, Michael) |
| Filing 9 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Yu Long Acupuncture, PC served on 8/1/2017, answer due 8/22/2017. (Sirignano, Michael) |
| Filing 8 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. Preferred Care Physical Therapy, PC served on 8/1/2017, answer due 8/22/2017. (Sirignano, Michael) |
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Filing 7
STIPULATION AND ORDER, granting #6 Motion for an Extension of Time to Answer or Otherwise Move to Respond. It is hereby Stipulated and Agreed, by and between the attorneys for the respective parties herein, that the Defendants, Joseph Lodespoto, D.C. and Utica Park Chiropractic of NY, PC's time to answer or otherwise mover to respond to the Complaint is hereby extended to 9/13/2017. SO ORDERED by Magistrate Judge Lois Bloom, on 8/15/2017. (Latka-Mucha, Wieslawa)
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| Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint, by Joseph Lodespoto, Utica Park Chiropractic of NY, PC. (Furman, Mark) |
| Filing 5 NOTICE of Appearance by Mark L. Furman on behalf of Joseph Lodespoto, Utica Park Chiropractic of NY, PC (aty to be noticed) (Furman, Mark) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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) |
| Filing 2 Summons Issued as to GONY Medical Services, PC, Ferdinand Guarin, Joseph Lodespoto, Thomas Pattugalan, J.R., M.D., Preferred Care Physical Therapy, PC, Utica Park Chiropractic of NY, PC, Yu Long Acupuncture, PC, Inna Zamoshet, Kuangyu Zheng. (Bowens, Priscilla) |
| Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Lois Bloom. 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) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9700619 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Geico General Insurance Company, Geico Indemnity Company, Geico Casualty Company, Government Employees Insurance Company. (Attachments: #1 Proposed Summons & Rider, #2 Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5) (Sirignano, Michael) |
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