Dialysis Clinic, Inc. v. Empire Healthchoice Assurance, Inc. et al
| Dialysis Clinic, Inc |
| Empire HealthChoice Assurance, Inc., Empire Healthchoice HMO, Inc., Staten Island University Hospital and Empire HealthChoice Assurance, Inc. doing business as Empire BlueCross BlueShield |
| 1:2018cv06111 |
| October 31, 2018 |
| US District Court for the Eastern District of New York |
| Steven M Gold |
| William F Kuntz |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on December 4, 2018. A more recent docket listing may be available from PACER.
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| Email Notification Test - DO NOT REPLY. (Barrett, C) |
| Filing 32 NOTICE of Appearance by Nicole Michele Marschean on behalf of Empire HealthChoice Assurance, Inc., Empire Healthchoice HMO, Inc. (aty to be noticed) (Marschean, Nicole) |
| Filing 31 NOTICE of Appearance by Rachel Esther Kramer on behalf of Empire HealthChoice Assurance, Inc., Empire Healthchoice HMO, Inc. (aty to be noticed) (Kramer, Rachel) |
| Filing 30 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. (Davis, Kimberly) |
| Filing 29 Case transferred in from District of New York Northern; Case Number 1:18-cv-00312. Original file certified copy of transfer order and docket sheet received. |
| The case of Dialysis Clinic, Inc. v. Empire Healthchoice Assurance, Inc., has been transferred from US District Court Northen District of New York to the Eastern District of New York. The new case number is 18-cv-6111. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
Filing 28
DECISION & ORDER: that the Court will Grant the Defendants' motions to transfer and decline to rule on the Defendants' motion to dismiss, dkt. #s #15 , #18 . The Clerk of the Court is Directed to Transfer the case to the United States District Court for the Eastern District of New York.Signed by Senior Judge Thomas J. McAvoy on 10/30/2018. (hmr) [Transferred from New York Northern on 11/1/2018.]
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| TEXT NOTICE to parties advising that the pending motions for 8/24/18 are on submit basis. Appearances are not required. (sfp, ) [Transferred from New York Northern on 11/1/2018.] |
| Filing 27 MEMORANDUM OF LAW re #18 Motion to Dismiss for Failure to State a Claim,,, Motion to Transfer Case,, Reply Memorandum of Law filed by Staten Island University Hospital. (McBride, Meredith) [Transferred from New York Northern on 11/1/2018.] |
| Filing 26 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York filed by Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc.. (Scher, Robert) [Transferred from New York Northern on 11/1/2018.] |
| Filing 25 CERTIFICATE OF SERVICE by Dialysis Clinic, Inc. re #24 Response in Opposition to Motion, (Murphy, Michael) [Transferred from New York Northern on 11/1/2018.] |
| Filing 24 RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to Eastern District of New York Memorandum of Law in Opposition to SIUH's Motions filed by Dialysis Clinic, Inc.. (Murphy, Michael) [Transferred from New York Northern on 11/1/2018.] |
| Filing 23 CERTIFICATE OF SERVICE by Dialysis Clinic, Inc. re #22 Response in Opposition to Motion, (Murphy, Michael) [Transferred from New York Northern on 11/1/2018.] |
| Filing 22 RESPONSE in Opposition re #15 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York Memorandum of Law in Opposition to Empire's Motions filed by Dialysis Clinic, Inc.. (Murphy, Michael) [Transferred from New York Northern on 11/1/2018.] |
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Filing 21
TEXT ORDER approving the parties' #20 Stipulation. The pending #15 and #18 motions are adjourned to Senior Judge McAvoy's 8/24/2018 motion calendar at 10:00am in Binghamton. Response to Motion due by 7/27/2018; Reply to Response to Motion due by 8/13/2018. Authorized by Senior Judge Thomas J. McAvoy on 7/5/2018. (amt) [Transferred from New York Northern on 11/1/2018.]
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| Filing 20 STIPULATION Requesting Order for Extension of Time by Dialysis Clinic, Inc. submitted to Judge Thomas J. McAvoy. (Murphy, Michael) [Transferred from New York Northern on 11/1/2018.] |
| Filing 19 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Staten Island University Hospital identifying Corporate Parent Northwell Health, Inc. for Staten Island University Hospital.. (McBride, Meredith) [Transferred from New York Northern on 11/1/2018.] |
| TEXT NOTICE of Hearing on Motion: Deft Staten Island University Hospital's #18 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to Eastern District of New York is placed on Judge McAvoy's 7/27/18 Motion Calendar at 10 AM in Binghamton. Response to Motion is due by 7/10/2018. Reply to Response to Motion is due by 7/16/2018. (sfp, ) [Transferred from New York Northern on 11/1/2018.] |
| Filing 18 MOTION to Dismiss for Failure to State a Claim , MOTION to Transfer Case to Eastern District of New York filed by Staten Island University Hospital. (Attachments: #1 Memorandum of Law in support of motion to dismiss or in the alternative to transfer, #2 Affidavit of Carmela Dunford, #3 Affidavit of Frank Rosell, MD, #4 Affidavit of Axel Ramos, #5 Declaration of Meredith F. McBride, #6 Exhibit(s) 1 to M. McBride's Declaration, #7 Affirmation Certificate of Service) Motions referred to Daniel J. Stewart. (McBride, Meredith) [Transferred from New York Northern on 11/1/2018.] |
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Filing 17
TEXT ORDER: Exhibit 2 to the Declaration of Robert Scher in Support of Empires #15 Motion to Dismiss and Transfer Venue dated June 22, 2018, and quotations and descriptions thereof in Empires memorandum of law in support of its motion to dismiss should be sealed. The rest of the motion, including the redacted Memo of Law, need not be sealed. Authorized by Senior Judge Thomas J. McAvoy on 6/22/2018. (amt) [Transferred from New York Northern on 11/1/2018.]
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| Filing 16 NOTICE by Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc. Motion to Seal (Attachments: #1 Declaration, #2 Proposed Order/Judgment)(Scher, Robert) [Transferred from New York Northern on 11/1/2018.] |
| Filing 15 MOTION to Dismiss for Failure to State a Claim , MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York filed by Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc.. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s), #4 Exhibit(s)) Motions referred to Daniel J. Stewart. (Scher, Robert) [Transferred from New York Northern on 11/1/2018.] |
| Filing 14 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc. identifying Corporate Parent Anthem, Inc. for Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc... (Scher, Robert) [Transferred from New York Northern on 11/1/2018.] |
| COURT TEXT NOTICE scheduling the Defendants' #15 MOTION to Dismiss; MOTION to Transfer Case for Senior Judge McAvoy's 7/27/2018 motion calendar at 10:00am in Binghamton. Response to Motion due by 7/10/2018; Reply to Response to Motion due by 7/16/2018. (amt) [Transferred from New York Northern on 11/1/2018.] |
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Filing 13
TEXT ORDER: On June 5, 2018, the Court held a Telephone Conference to address Defendants' intent to file a Motion to Transfer Venue in this matter to the Eastern District of New York. During that conference, Defendants also advised that they intend to file a Motion to Dismiss with their transfer motion. The Court sets the following briefing schedule: 1) Defendants to file their motions by June 22, 2018; 2) Plaintiff to respond to the motions by July 23, 2018; 3) Defendants to file a reply to the response by August 6, 2018; and 4) The motions will be on the submission of the papers unless otherwise directed by the Court. In light of forthcoming motions, the Rule 16 Initial Conference scheduled for June 13, 2018 is ADJOURNED without date. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/5/2018. (mab) [Transferred from New York Northern on 11/1/2018.]
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| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Pre-Motion Telephone Conference held on 6/5/2018. Appearances: Michael Murphy, Esq. and Jonathan Hansen, Esq. for Plaintiff; Robert Scher, Esq., Timothy Butler, Esq. and Meredith McBride, Esq. for Defendants. The Court held a conference to address Defendants' intent to file a motion to transfer venue in this matter. The Court hears from counsel as to their positions with regard to a transfer of the matter to the EDNY. Defendants also advise that they will be moving to dismiss, as well as moving to transfer venue. After hearing from counsel, the Court sets a briefing schedule. Defendants to file their motion to change venue/dismiss by 6/22/2018. Plaintiff to file a response by 7/23/2018. Defendants to file a reply to the response 8/6/2018. The Rule 16 Initial Conference is ADJOURNED without date. (TIME: 11:02AM-11:16AM). (mab) [Transferred from New York Northern on 11/1/2018.] |
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Filing 12
TEXT ORDER: Counsel are directed to participate in a Pre-Motion Telephone Conference on June 5, 2018 at 11:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/25/2018. (mab) [Transferred from New York Northern on 11/1/2018.]
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| Filing 11 Letter Motion from Jonathan E. Hansen, Esq. for Dialysis Clinic, Inc. requesting pre-motion conference submitted to Judge Hon. Daniel J. Stewart . (Hansen, Jonathan) [Transferred from New York Northern on 11/1/2018.] |
| Filing 10 Letter Request by Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc. requesting a pre-motion conference (Scher, Robert) Modified to reflect that this not a pre-motion request to Judge D'Agostino on 5/25/2018 (mab). [Transferred from New York Northern on 11/1/2018.] |
| Filing 9 Letter Request by Staten Island University Hospital requesting a pre-motion conference. (McBride, Meredith) Modified to reflect that this is not a pre-motion request to Judge D'Agostino on 5/25/2018 (mab). [Transferred from New York Northern on 11/1/2018.] |
| Filing 8 NOTICE of Appearance by Timothy F Butler on behalf of Staten Island University Hospital (Butler, Timothy) [Transferred from New York Northern on 11/1/2018.] |
| Filing 7 NOTICE of Appearance by Meredith Frances McBride on behalf of Staten Island University Hospital (McBride, Meredith) [Transferred from New York Northern on 11/1/2018.] |
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Filing 6
TEXT ORDER: Based upon the Stipulation filed on May 11, 2018, Dkt. No. #5 , the deadline in which all Defendants are to file a response to the Complaint in this matter is extended to June 15, 2018. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/14/2018. (mab) [Transferred from New York Northern on 11/1/2018.]
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| Filing 5 STIPULATION Requesting Order for Extension of Time by Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc. submitted to Judge Thomas J. McAvoy. (Scher, Robert) [Transferred from New York Northern on 11/1/2018.] |
| Filing 4 NOTICE of Appearance by Robert A. Scher on behalf of Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc. (Scher, Robert) [Transferred from New York Northern on 11/1/2018.] |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/13/2018 at 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/6/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) [Transferred from New York Northern on 11/1/2018.] |
| Filing 2 Summonses Issued as to Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc., Staten Island University Hospital. (Attachments: #1 Summons Issued for Empire Healthchoice HMO, Inc., #2 Summons Issued for Staten Island University Hospital)(hmr) [Transferred from New York Northern on 11/1/2018.] |
| Filing 1 COMPLAINT with Jury Demand against Empire Healthchoice Assurance, Inc., Empire Healthchoice HMO, Inc., Staten Island University Hospital (Filing fee $400 receipt number ANYNDC-4318639) filed by Dialysis Clinic, Inc. (Attachments: #1 Civil Cover Sheet)(hmr) [Transferred from New York Northern on 11/1/2018.] |
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