Rotthoff v. New York State Catholic Health Plan, Inc. et al
| Necole Rotthoff |
| CENTENE CORPORATION, Centene Company of New York, LLC, Centene Management Company, LLC, New York Quality Healthcare Corporation, NEW YORK STATE CATHOLIC HEALTH PLAN, INC. d/b/a FIDELIS CARE NEW YORK, New York State Catholic Health Plan, Inc. and New York State Catholic Health Plan, Inc. doing business as Fidelis Care New York |
| 1:2019cv04027 |
| July 12, 2019 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Cheryl L Pollak |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| None |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 REPLY in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by New York State Catholic Health Plan, Inc.. (DiGia, Kenneth) |
| Filing 49 REPLY in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim [Reply Memorandum of Law in Support of Defendants Centene Corporation, Centene Management Company, LLC, New York Quality Health Corporation, Centene Acquisition Corporation and Centene Company of New York, LLC's Motion to Dismiss] filed by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC. (Tripp, Noel) |
| Filing 48 MEMORANDUM in Opposition re #44 Memorandum in Support, #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by Necole Rotthoff. (Salas, Maureen) |
| Filing 47 DECLARATION re #46 Memorandum in Opposition (Declaration of Maureen A. Salas in Support of Plaintiff's Memorandum of Law in Opposition to Defendants Centene Corporation, Centene Management Company, LLC, Centene Acquisition Corporation, and Centene Company of New York, LLC's Motion to Dismiss Plaintiff's Amended Complaint) by Necole Rotthoff (Attachments: #1 Exhibit A) (Salas, Maureen) |
| Filing 46 MEMORANDUM in Opposition re #39 MOTION to Dismiss for Failure to State a Claim filed by Necole Rotthoff. (Salas, Maureen) |
| Filing 45 AFFIDAVIT/DECLARATION in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by New York State Catholic Health Plan, Inc.. (Attachments: #1 Exhibit C to Aibel Declaration in Support Dated And Filed January 24, 2020 (ECF# 43)) (Aibel, Matthew) |
| Filing 44 MEMORANDUM in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by New York State Catholic Health Plan, Inc.. (Aibel, Matthew) |
| Filing 43 AFFIDAVIT/DECLARATION in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by New York State Catholic Health Plan, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Aibel, Matthew) |
| Filing 42 Notice of MOTION to Dismiss for Failure to State a Claim by New York State Catholic Health Plan, Inc.. (Aibel, Matthew) |
| Filing 41 MEMORANDUM in Support re #39 MOTION to Dismiss for Failure to State a Claim filed by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation. (Tripp, Noel) |
| Filing 40 AFFIDAVIT/DECLARATION in Support re #39 MOTION to Dismiss for Failure to State a Claim filed by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Tripp, Noel) |
| Filing 39 MOTION to Dismiss for Failure to State a Claim by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation. (Tripp, Noel) |
| Filing 38 NOTICE of Change of Firm Name and Email Addresses Once the filing has been made, you must login to www.pacer.gov and update your account. (Kessler, Troy) |
| Filing 37 Letter MOTION for Leave to File Document (A Motion to Dismiss Plaintiff's First Amended Complaint) by New York State Catholic Health Plan, Inc.. (Aibel, Matthew) |
ORDER granting #37 Motion for Leave to File. The briefing schedule for the Fidelis motion to dismiss is as follows: Fidelis must file its motion on or before January 24, 2020, the plaintiff must file his opposition on or before February 24, 2020, and Fidelis must file its reply, if any, on or before February 28, 2020. Ordered by Judge Ann M. Donnelly on 1/3/2020. (Lefkowitz, Jacob)
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| Filing 36 NOTICE of Appearance by Matthew Savage Aibel on behalf of New York State Catholic Health Plan, Inc. (aty to be noticed) (Aibel, Matthew) |
| Filing 35 NOTICE of Appearance by Kenneth Welch DiGia on behalf of New York State Catholic Health Plan, Inc. (aty to be noticed) (DiGia, Kenneth) |
| Filing 34 NOTICE of Appearance by Jeffrey Howard Ruzal on behalf of New York State Catholic Health Plan, Inc. (aty to be noticed) (Ruzal, Jeffrey) |
| Minute Entry for proceedings held before Judge Ann M. Donnelly:Pre Motion Conference held on 12/5/2019. Garrett Kaske appeared for the plaintiff. Noel Tripp and Wendy Mellk appeared for the defendant. Case called. Discussions held. The defendant's motion to dismiss is due on or before January 13, 2020; the plaintiff's opposition motion is due on or before February 14, 2020; and the defendant's reply motion, if any, is due on or before February 28, 2020. (Court Reporter Lisa Schmid.) (Lefkowitz, Jacob) |
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SCHEDULING ORDER: Due to a scheduling conflict, the parties' pre motion conference is rescheduled to 10:30 a.m. on December 5, 2019, in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 12/2/2019. (Lefkowitz, Jacob)
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| Filing 33 Joint MOTION for Extension of Time to File Answer re #30 Amended Complaint by Necole Rotthoff. (Salas, Maureen) |
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ORDER granting #33 Motion for Extension of Time to Answer. Defendant NY Catholic Health Plan must move, answer, or otherwise respond to the plaintiff's first amended complaint on or before January 6, 2020. Ordered by Judge Ann M. Donnelly on 11/27/2019. (Lefkowitz, Jacob)
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ORDER finding as moot #31 Motion for Pre Motion Conference; granting #27 Motion for Pre Motion Conference. The parties are directed to appear for a pre motion conference on December 5, 2019, at 3:00 p.m., in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 11/26/2019. (Lefkowitz, Jacob)
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| Filing 32 Letter Response to Defendants' Renewed Request for a Pre-Motion Conference by Necole Rotthoff (Salas, Maureen) |
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ELECTRONIC ORDER: In light of #27 and #31 , the initial conference previously scheduled for 11/22/2019 before MJ Pollak is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/19/2019. (Caggiano, Diana)
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| Filing 31 Letter MOTION for pre motion conference re #30 Amended Complaint by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation. (Tripp, Noel) |
| Filing 30 AMENDED COMPLAINT against All Defendants, filed by Necole Rotthoff. (Salas, Maureen) |
| Filing 29 CONSENT to become party in a collective action. by Necole Rotthoff (Salas, Maureen) |
| Filing 28 Letter Response to Defendants' request for a Pre-Motion Conference by Necole Rotthoff (Salas, Maureen) |
| Filing 27 Letter MOTION for pre motion conference re #1 Complaint, by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation. (Tripp, Noel) |
| Filing 26 Corporate Disclosure Statement by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation (Tripp, Noel) |
| Filing 25 NOTICE of Appearance by Heather C. Hili on behalf of Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation (aty to be noticed) (Hili, Heather) |
| Filing 24 NOTICE of Appearance by Wendy J. Mellk on behalf of Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation (aty to be noticed) (Mellk, Wendy) |
| Filing 23 CERTIFICATE OF SERVICE by Necole Rotthoff re #22 Scheduling Order (Werman, Douglas) |
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Filing 22
SCHEDULING ORDER: An Initial Conference is set for 11/22/2019 @ 10:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/4/2019. (Caggiano, Diana)
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| Filing 21 SUMMONS Returned Executed by Necole Rotthoff. New York State Catholic Health Plan, Inc. served on 8/29/2019. (Kaske, Garrett) |
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ELECTRONIC ORDER granting #20 Motion for Extension of Time to Answer. Centene Defendants to answer, move, or otherwise respond by 10/11/2019. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/3/2019. (Phillips, Lauren)
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| Filing 20 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Centene Company of New York, LLC, Centene Corporation, Centene Management Company, LLC, New York Quality Healthcare Corporation. (Tripp, Noel) |
| Filing 19 CONSENT to become party in a collective action. by Necole Rotthoff (Salas, Maureen) |
| Filing 18 CONSENT to become party in a collective action. by Necole Rotthoff (Salas, Maureen) |
| Filing 17 CONSENT to become party in a collective action. by Necole Rotthoff (Salas, Maureen) |
| Filing 16 CONSENT to become party in a collective action. by Necole Rotthoff (Salas, Maureen) |
| Filing 15 CONSENT to become party in a collective action. by Necole Rotthoff (Salas, Maureen) |
| Filing 14 CONSENT to become party in a collective action. by Necole Rotthoff (Salas, Maureen) |
| Filing 13 NOTICE of Appearance by Maureen Ann Salas on behalf of Necole Rotthoff (notification declined or already on case) (Salas, Maureen) |
| Filing 12 NOTICE of Appearance by Douglas M Werman on behalf of Necole Rotthoff (notification declined or already on case) (Werman, Douglas) |
| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11713419. by Necole Rotthoff. (Salas, Maureen) |
| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11713351. by Necole Rotthoff. (Werman, Douglas) |
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ELECTRONIC ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at NYED website. 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 Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/30/2019. (Graham, Emily)
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ELECTRONIC ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at NYED website. 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 Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/30/2019. (Graham, Emily)
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| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 8 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 6 CONSENT to become party in a collective action. by Necole Rotthoff (Kessler, Troy) |
| Filing 5 CONSENT to become party in a collective action. by Necole Rotthoff (Kessler, Troy) |
| Filing 4 CONSENT to become party in a collective action. by Necole Rotthoff (Kessler, Troy) |
| Filing 7 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Ann M Donnelly and Magistrate Judge Cheryl L. Pollak. 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 3 NOTICE of Appearance by Garrett D. Kaske on behalf of All Plaintiffs (aty to be noticed) (Kaske, Garrett) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Necole Rotthoff (Kessler, Troy) |
| Filing 1 COMPLAINT against CENTENE CORPORATION, Centene Company of New York, LLC, Centene Management Company, LLC, NEW YORK STATE CATHOLIC HEALTH PLAN, INC. d/b/a FIDELIS CARE NEW YORK, New York Quality Healthcare Corporation filing fee $ 400, receipt number ANYEDC-11657540 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Necole Rotthoff. (Attachments: #1 Proposed Summons, #2 Exhibit A) (Kessler, Troy) |
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