Surgicore of Jersey City v. Anthem Life & Disability Insurance Company
| Surgicore of Jersey City |
| Anthem Life & Disability Insurance Company |
| 1:2019cv03482 |
| June 12, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Document Text |
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| Filing 23 MEMORANDUM in Opposition re #10 Notice of MOTION to Dismiss for Failure to State a Claim filed by Surgicore of Jersey City. (Kearns, Brendan) |
| Filing 22 MEMORANDUM in Opposition re #16 Amended MOTION to Remand to State Court for Lack fo Subject Matter Jurisdiction filed by Anthem Life & Disability Insurance Company. (Steinlight, Stephen) |
ORDER granting #19 motion to amend. The Court will consider the attachments to this motion when the Court considers defendant's 7/25/2019 motion to dismiss. Plaintiff may raise the grounds it raises in its 7/29/2019 letter in its opposition to defendant's motion to dismiss, but these grounds are not a reason to deprive defendant of its ability to fix its mistaken filing. Ordered by Judge Brian M. Cogan on 7/31/2019. (Weisberg, Peggy)
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| Filing 21 REPLY in Support re #19 Letter MOTION to Amend/Correct/Supplement #12 Affidavit in Support of Motion, #11 Memorandum in Support , #20 Response in Opposition to Motion filed by Anthem Life & Disability Insurance Company. (Steinlight, Stephen) |
| Filing 20 RESPONSE in Opposition re #19 Letter MOTION to Amend/Correct/Supplement #12 Affidavit in Support of Motion, #11 Memorandum in Support filed by Surgicore of Jersey City. (Kearns, Brendan) |
| Filing 19 Letter MOTION to Amend/Correct/Supplement #12 Affidavit in Support of Motion, #11 Memorandum in Support by Anthem Life & Disability Insurance Company. (Attachments: #1 Exhibit Corrected ERISA Health Benefits Plan, #2 Memorandum in Support Revised Memorandum of Law) (Steinlight, Stephen) |
| Filing 18 MEMORANDUM in Support re #16 Amended MOTION to Remand to State Court for Lack fo Subject Matter Jurisdiction filed by Surgicore of Jersey City. (Kearns, Brendan) |
| Filing 17 DECLARATION re #16 Amended MOTION to Remand to State Court for Lack fo Subject Matter Jurisdiction In Support of Motion by Surgicore of Jersey City (Attachments: #1 Exhibit) (Kearns, Brendan) |
| Filing 16 Amended MOTION to Remand to State Court for Lack fo Subject Matter Jurisdiction by Surgicore of Jersey City. (Kearns, Brendan) |
| Filing 15 Letter MOTION for Leave to File Document an Amended Motion to Remand by Surgicore of Jersey City. (Attachments: #1 Notice of Motion Amended Notice of Motion, #2 Memorandum in Support of Amended Motion, #3 Declaration in Support of Amended Motion, #4 Exhibit to Declaration) (Kearns, Brendan) |
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ORDER denying #13 . This motion fails to comply with Local Rule 7.1. and, probably for that reason, offers no grounds why this action should be remanded to state court. Ordered by Judge Brian M. Cogan on 7/26/2019. (Weisberg, Peggy)
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ORDER granting #15 . Plaintiff will file the amended motion to remand with supporting documents forthwith. Ordered by Judge Brian M. Cogan on 7/26/2019. (Weisberg, Peggy)
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| Filing 14 DECLARATION re #13 First MOTION to Remand to State Court by Surgicore of Jersey City (Attachments: #1 Exhibit) (Kearns, Brendan) |
| Filing 13 First MOTION to Remand to State Court by Surgicore of Jersey City. (Kearns, Brendan) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #10 Notice of MOTION to Dismiss for Failure to State a Claim filed by Anthem Life & Disability Insurance Company. (Attachments: #1 Exhibit A) (Steinlight, Stephen) |
| Filing 11 MEMORANDUM in Support re #10 Notice of MOTION to Dismiss for Failure to State a Claim filed by Anthem Life & Disability Insurance Company. (Steinlight, Stephen) |
| Filing 10 Notice of MOTION to Dismiss for Failure to State a Claim by Anthem Life & Disability Insurance Company. (Steinlight, Stephen) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 7/11/2019. Counsel for both sides present. By 7/25/2019, plaintiff shall file a motion to remand and defendant shall file a motion to dismiss; the opposition to both motions is due 8/8/2019. (Weisberg, Peggy) |
| Filing 9 RESPONSE to Motion re #8 Letter MOTION to Adjourn Conference on Consent Advising the Court of the Plaintiffs Availability filed by Surgicore of Jersey City. (Kearns, Brendan) |
| Filing 8 Letter MOTION to Adjourn Conference on Consent by Anthem Life & Disability Insurance Company. (Steinlight, Stephen) |
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Order denying #8 . There is insufficient cause shown for nearly a month long adjournment, particularly since defendant has been proceeding in a piecemeal fashion, each time not telling the whole story to the Court of the amount of delay he is seeking or the reasons for it. The motion to extend time to answer said nothing about delaying the conference. The first motion to delay the conference said nothing about a conference and trial in two other cases getting in the way. And now, this second motion to adjourn would have the Court find that counsel's conference and bench trial in two unspecified and unidentified cases is going to take more than one month, despite the fact that conferences rarely take an entire day, and bench trials in Civil Court, if they proceed on their initial trial date at all, usually do not proceed on a daily basis thereafter. The Court is getting the impression that defense counsel is trying to delay this case and plaintiff, for whatever reason, seems willing to go along. That is not going to happen. The parties can expect to be placed on a prompt discovery and trial schedule at the initial status conference. Modified on 7/9/2019 (Clarke, Melonie).
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| Filing 7 Letter MOTION to Adjourn Conference on Consent by Anthem Life & Disability Insurance Company. (Steinlight, Stephen) |
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ORDER granting #7 Motion to Adjourn Conference. Initial Conference reset for 7/11/2019 11:00 AM in Chambers before Judge Brian M. Cogan. Parties are reminded of the mandatory requirements for this conference previously posted. Ordered by Judge Brian M. Cogan on 7/5/2019. (Cogan, Brian)
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| Filing 6 First MOTION for Extension of Time to File Answer re #1 Notice of Removal, With Consent by Anthem Life & Disability Insurance Company. (Steinlight, Stephen) |
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Filing 5
SCHEDULING ORDER: Initial Status Conference is set for 7/10/2019 at 5:00 PM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 6/18/2019. (Weisberg, Peggy)
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ORDER granting #6 Motion for Extension of Time to Answer to 7/19/2019, but the parties should note that the Initial Status Conference will go forward as previously scheduled for 7/10/2019, including the mandatory requirements in connection with that conference. Ordered by Judge Brian M. Cogan on 6/18/2019. (Weisberg, Peggy)
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| Filing 4 NOTICE of Appearance by Brendan J Kearns on behalf of All Plaintiffs (aty to be noticed) (Kearns, Brendan) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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) |
| Case Assigned to Judge Brian M. Cogan. 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Anthem Life & Disability Insurance Company from Queens County Supreme Court, case number 706807/19. ( Filing fee $ 400 receipt number ANYEDC-11569605) (Attachments: #1 Exhibit A - State Court Documents, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Civil Cover Sheet) (Steinlight, Stephen) |
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| Plaintiff: Surgicore of Jersey City | |
| Represented By: | Michael Baglio, I |
| Represented By: | Brendan J Kearns |
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| Defendant: Anthem Life & Disability Insurance Company | |
| Represented By: | Stephen Jay Steinlight |
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