American Transit Insurance Company v. Bilyk et al
| American Transit Insurance Company |
| Inna Pinsky, Alexander Chernyshev, Russell Ionin, Tatiana Rodionova, Sigma Med Care Inc., John Does 1 through 20, Veraso Medical Supply, Corp., Oleksandr Stanislavchuk, Bento Ortho Inc., Eduard Zarubin, Active Care Medical Supply Corporation, Artur Denisov, Sure Way NY Inc., Vladislav Davydov, Pain Free Leaving Inc., State Medical Supply Inc., TAM Medical Supply Corp., Five Star Ortho Products, Inc., Maiga Borisevica, Maiga Products Corporation, Inna Tkachenko, Pravel Inc., Oleksiy Gerasymenko, Sovera Medical Supply, Corp., Yulia Bilyk, Vadim Povzlov, ABC Corporations 1 through 20, T & S Medical Supply Corporation, Chapa Products Corporation, Yefim Velnik, Maxford Inc. and Maksym Tkachenko |
| 1:2019cv05171 |
| September 11, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.
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Filing 136
MANDATE of USCA as to #133 Notice of Appeal filed by Russell Ionin The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered" See document for further details. Issued as Mandate: 12/15/2021. USCA# 21-1860. (Townsend, Tasha)
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Filing 135
SATISFACTION OF JUDGMENT entered In favor of American Transit Insurance Company Against Active Care Medical Supply Corporation, In favor of American Transit Insurance Company Against Russell Ionin by American Transit Insurance Company (Pinzow, Lee)
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Filing 134
USCA Appeal Fees received $ 505 receipt number 4653158845 re #133 Notice of Appeal filed by Russell Ionin (Jones, Vasean)
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Filing 133
NOTICE OF APPEAL as to #132 Order on Motion to Vacate by Russell Ionin. (Jones, Vasean)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #133 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean)
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Filing 132
MEMORANDUM DECISION AND ORDER, The Ionin defendants' motion to vacate the default judgment is denied. So Ordered by Judge Brian M. Cogan on 6/29/2021. (Lee, Tiffeny)
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Filing 131
First MOTION for Extension of Time to File Response/Reply as to #128 Reply in Support, #129 Affidavit in Support of Motion, Reply was mistakenly filed yesterday March 30, 2021 by Active Care Medical Supply Corporation, Russell Ionin. (Zuppa, Raymond)
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ORDER denying #131 as unnecessary. The Court has the reply and the week doesnt matter. Ordered by Judge Brian M. Cogan on 3/31/2021. (Weisberg, Peggy)
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Filing 130
Letter to Court Concerning Untimeliness of Defendants' Reply Submission [128-129] by American Transit Insurance Company (Marvin, Daniel)
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Filing 129
AFFIDAVIT/DECLARATION in Support re #122 First MOTION to Vacate #112 Order on Motion for Reconsideration,,, Default Judgment Affidavit and Exhibits In Support of Reply Memorandum of Law ECF 128 filed by Active Care Medical Supply Corporation, Russell Ionin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Zuppa, Raymond)
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Filing 128
REPLY in Support re #122 First MOTION to Vacate #112 Order on Motion for Reconsideration,,, Default Judgment Reply to Plaintiff's Opposition to Vacate Default Judgment filed by Active Care Medical Supply Corporation, Russell Ionin. (Zuppa, Raymond)
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Filing 127
RESPONSE in Opposition re #122 First MOTION to Vacate #112 Order on Motion for Reconsideration,,, Default Judgment filed by American Transit Insurance Company. (Attachments: #1 Declaration In Opposition, #2 Exhibit A: Pending No-Fault Civil Suits, #3 Exhibit B: Excerpts of Applicable Fee Schedule) (Marvin, Daniel)
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Filing 126
MANDATE of USCA as to #111 Notice of Appeal filed by American Transit Insurance Company. IT IS HEREBY ORDERED that the motion is GRANTED. The appeal is deemed WITHDRAWN. Issued as Mandate: 3/11/2021. USCA# 21-53. (Jones, Vasean)
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Filing 125
Letter Proposed Briefing Schedule for Motion to Vacate Default # 122-123 by Active Care Medical Supply Corporation, Russell Ionin (Zuppa, Raymond)
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Filing 124
AFFIDAVIT/AFFIRMATION re #123 Memorandum in Support, #122 First MOTION to Vacate #112 Order on Motion for Reconsideration,,, Default Judgment by Active Care Medical Supply Corporation, Russell Ionin, Letter Proposed Briefing Schedule by Active Care Medical Supply Corporation, Russell Ionin (Zuppa, Raymond)
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Filing 123
MEMORANDUM in Support re #122 First MOTION to Vacate #112 Order on Motion for Reconsideration,,, Default Judgment filed by Active Care Medical Supply Corporation, Russell Ionin. (Zuppa, Raymond)
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Filing 122
First MOTION to Vacate #112 Order on Motion for Reconsideration,,, Default Judgment by Active Care Medical Supply Corporation, Russell Ionin. (Attachments: #1 Affidavit Russell Ionin, #2 Exhibit 1) (Zuppa, Raymond)
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Filing 121
Mail Returned as Undeliverable. Mail sent to Bento Ortho Inc., dft (Copy of Judge Cogan's Judgment dated 1/27/21 and appeals pkg.) RETURNED as not deliverable as addressed. (Guzzi, Roseann)
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Filing 120
Mail Returned as Undeliverable. Mail sent to Maiga Products Corporation, defendant (Copy of Judge Cogan's Judgment dated 1/27/21 and appeals pkg.) RETURNED as not deliverable as addressed. (Guzzi, Roseann)
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ORDER granting #119 defendants Active Care Medical Supply Corporation and Russell Ionin's Motion for Leave file a memorandum of law in excess of the 25-page limit, but not to exceed 30 pages. Ordered by Judge Brian M. Cogan on 2/26/2021. (Weisberg, Peggy)
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Filing 119
First MOTION for Leave to File Excess Pages Defendants' Memorandum of Law in Support of Motion to Vacate Default by Active Care Medical Supply Corporation, Russell Ionin. (Zuppa, Raymond)
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Filing 118
ORDER re #117 Notice of Consent to Change Attorney; Attorney Raymond Joseph Zuppa substituted for Martin Wolf Esq. Attorney Martin Wolf terminated. As to defendants' Russell Ionin, Active Care Medical Supply Corporation. ( Ordered by Judge Brian M. Cogan on 2/18/2021 ) (Guzzi, Roseann)
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Filing 117
NOTICE of Consent to Change Attorney by Raymond Joseph Zuppa Raymond Zuppa substitution for Martin Wolf Esq (Zuppa, Raymond)
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ORDER denying #116 as unnecessary. By letter dated 3/6/2020, these defendants through other counsel requested a conference or briefing schedule for a motion to vacate their default. The Court declined to hold a conference but advised defendants by Order issued the same day that they could proceed to make their motion whenever they wanted to. That Order has not been vacated. In addition, this Court's Individual Practice Rules expressly state that a premotion conference need not be sought in connection with a motion for post-judgment relief. Therefore, there is no need for new counsel to move for a premotion conference. The Court suggests that if defendants finally intend to make the motion at this time, counsel may want to drop the hyperbole set forth in his letter as it produces the opposite of its intended effect. Finally, the Court notes that these defendants' other counsel, Mr. Wolf, remains counsel of record as the Court has not received a motion to relieve or substitute Mr. Wolf made in accordance with the Local Civil Rules of this Court. Ordered by Judge Brian M. Cogan on 2/12/2021. (Weisberg, Peggy)
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Filing 116
First MOTION for pre motion conference re #112 Order on Motion for Reconsideration,,, to Vacate the Default Judgment by Active Care Medical Supply Corporation, Russell Ionin. (Zuppa, Raymond)
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Filing 115
Letter to Court Regarding Plaintiff's Payment of Court Ordered Filing Fees by American Transit Insurance Company (Pinzow, Lee)
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Filing 114
JUDGMENT dated 1/27/21 that judgment is entered in favor of Plaintiff: against 1) Russell Ionin for total damages of $227,871.09 and against Active Care Medical Supply Corp., to be held jointly and severally liable for $88,937.61 of that amount 2) against Oleksiy Gerasymenko for total damages of $40,992.25 and against Bento Ortho, Inc., to be held jointly and severally liable for $16,987.51 of that amount; 3) against Maiga Products Corp. for total damages of $22,942.10; 4) against Artur Denisov, as Administrator of the Estate of Yuriy Denisov, for total damages of $49,591.53 and against Maxford Inc., to be held jointly and severally liable for $21,397.03 of that amount; 5) against Eduard Zarubin for total damages of $115,401.14 and against Pravel Inc., to be held jointly and severally liable for $49,790.28 of that amount; 6) against Tatiana Rodionova for total damages of $77,732.01 and against Sure Way NY Inc. to be held jointly and severally liable for $33,432.15 of that amount. IT IS FURTHER ORDERED, ADJUDGED and DECREED that a declaratory judgment is hereby entered in favor of Plaintiff and against the Defaulted Defendants declaring that Plaintiff is not obligated to pay for pending and/or unpaid No- Fault claims submitted to it by or on behalf of the Defaulted Defendants and the Defaulted Defendants are not entitled to reimbursement on any pending and/or unpaid claims they submitted to Plaintiff. ( Ordered by Judge Brian M. Cogan on 1/27/2021 ) c/m to dfts' (Guzzi, Roseann)
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Filing 113
Letter Plaintiff's Payment of Filing Fees Ordered by the Court in #112 by American Transit Insurance Company (Pinzow, Lee)
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Filing 112
MEMORANDUM DECISION AND ORDER dated 1/21/21 granting plaintiff's #109 Motion for Reconsideration. Upon reconsideration, plaintiff's motion for default judgment is granted in part and denied in part: (i) plaintiff is entitled to default judgment against the defaulted defendants on its RICO and common law fraud claims, (ii) plaintiff's unjust enrichment claims are denied as duplicative, (iii) plaintiff is entitled to a declaratory judgment that it is not obligated to pay the unpaid insurance claims submitted by the defaulted defendants, and (iv) plaintiff is entitled to damages in the amounts described above. Entry of an Amended Judgment is deferred pending plaintiff's paying $2,010 to the Clerk of Court, representing five $402 filing fees, within fourteen days with proof of payment filed on the docket in this action. ( Ordered by Judge Brian M. Cogan on 1/21/2021 ) *copy forwarded to financial. (Guzzi, Roseann)
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Filing 111
NOTICE OF APPEAL as to #106 Order on Motion for Default Judgment, by American Transit Insurance Company. Filing fee $ 505, receipt number ANYEDC-13966652. Appeal Record due by 1/25/2021. (Marvin, Daniel)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #111 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Mejia, Salomon)
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Filing 110
DECLARATION of Service upon Defaulted Defendants of #109 Motion for Reconsideration re: #106 Order on Motion for Default Judgment by American Transit Insurance Company (Pinzow, Lee)
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Filing 109
Notice of MOTION for Reconsideration re #106 Order on Motion for Default Judgment, by American Transit Insurance Company. (Attachments: #1 Memorandum in Support) (Marvin, Daniel)
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Filing 108
NOTICE of Appearance by Daniel Scott Marvin on behalf of All Plaintiffs (aty to be noticed) (Marvin, Daniel)
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Filing 107
CLERK'S JUDGMENT dated 12/15/20 that Plaintiff's motion for default judgment is denied; and that the RICO claims are dismissed for failure to state a claim and the state claims are dismissed because the Court declines to exercise supplemental jurisdiction. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 12/15/2020 ) (Guzzi, Roseann)
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Filing 106
MEMORANDUM DECISION ORDER dated 12/12/20 denying plaintiff's #96 Motion for Default Judgment. The RICO claims are dismissed for failure to state a claim and the state claims are dismissed because the Court declines to exercise supplemental jurisdiction. The Clerk is directed to enter judgment accordingly and the case dismissed. ( Ordered by Judge Brian M. Cogan on 12/12/2020 ) *Forward for jgm. (Guzzi, Roseann)
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Filing 105
DECLARATION re #96 MOTION for Default Judgment -Amended Declaration Filed Pursuant to Local Rule 55.2(c), Regarding Mailing of Motion to Defendant Maxford, Inc. by American Transit Insurance Company (Pinzow, Lee)
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Filing 104
Letter Advising Court of Plaintiff's Filing of Amended Local Rule 55.2(c) Declaration to Correct Exhibit "A" in #99 DECLARATION re #96 MOTION for Default Judgment Filed Pursuant to Local Rule 55.2(c), Regarding Mailing of Motion to Defendant Maxford, Inc. by American Transit Insurance Company (Pinzow, Lee)
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Filing 103
Letter by Active Care Medical Supply Corporation, Russell Ionin (Wolf, Martin)
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Filing 102
Letter by Active Care Medical Supply Corporation, Russell Ionin (Wolf, Martin) Modified on 3/9/2020 to unseal as per BMC order 3/6 (Guzzi, Roseann).
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Filing 101
DECLARATION re #96 MOTION for Default Judgment Filed Pursuant to Local Rule 55.2(c), Regarding Mailing of Motion to Defendant Sure Way NY Inc. by American Transit Insurance Company (Pinzow, Lee)
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Filing 100
DECLARATION re #96 MOTION for Default Judgment Filed Pursuant to Local Rule 55.2(c), Regarding Mailing of Motion to Defendant Maiga Products Corporation by American Transit Insurance Company (Pinzow, Lee)
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Filing 99
DECLARATION re #96 MOTION for Default Judgment Filed Pursuant to Local Rule 55.2(c), Regarding Mailing of Motion to Defendant Maxford, Inc. by American Transit Insurance Company (Pinzow, Lee)
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ORDER re: #102 . There are numerous problems with this submission. First, it was filed under seal without court authorization and there is no reason for it to be sealed. The Clerk is directed to unseal it. Second, although motions may be made to the Court by letter, the letter must be designated as a "MOTION" on ECF, not just a letter, so that it shows up on this Court's motion list, which a letter does not. Third, whether filed as a letter or a motion, the filer must complete the ECF subject line so that the docket reflects the relief being sought, e.g. "letter re: motion to vacate default" not simply "letter." The submission of multiple "letters" with no description of subject matter makes the docket unintelligible. Fourth, the submission recites that "our office has contacted defendants counsel to request an extension of time to answer and withdrawal of the motion for default." The Court assumes that the filer has contacted plaintiff's counsel, not defendant's counsel, as counsel for other defendants would have no input in whether to vacate the default. Fifth, the letter does not say whether plaintiff's counsel has consented, which is important because the absence of consent means that these defendants will have to move to vacate the default. The Court is not going to conference this case based on this letter but these defendants are free to make any motion they want. Ordered by Judge Brian M. Cogan on 3/6/2020. (Weisberg, Peggy)
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Filing 98
NOTICE of Appearance by Martin Wolf on behalf of Active Care Medical Supply Corporation, Russell Ionin (aty to be noticed) (Wolf, Martin)
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Filing 97
AFFIDAVIT of Service for Motion for Default Judgment Pursuant to Local Civil Rule 55.2(c) served on Defendants Artur Denisov, as Administrator of the Estate of Yuriy Denisov, Oleksiy Gerasymenko, Russell Ionin, Tatiana Rodionova, Eduard Zarubin, Active Care Medical Supply Corporation, Bento Ortho Inc., Maiga Products Corporation, Maxford Inc, Pravel Inc., and Sure Way NY Inc. on February 10, 2020, filed by American Transit Insurance Company. (McKenney, James)
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Filing 96
MOTION for Default Judgment by American Transit Insurance Company. (Attachments: #1 Memorandum in Support, #2 Affidavit in Support -McLeish Affidavit, #3 Declaration in Support-McKenney Declaration, #4 Exhibit 1-Proposed Judgment, #5 Exhibit 2-Complaint, #6 Exhibit 3-Clerk's Entry of Default of Active Care Medical Supply Corporation, #7 Exhibit 4-Clerk's Entry of Default of Maiga Products Corporation, #8 Exhibit 5-Clerk's Entry of Default of Bento Ortho Inc, #9 Exhibit 6-Clerk's Entry of Default of Maxford Inc, #10 Exhibit 7-Clerk's Entry of Default of Sure Way NY Inc., #11 Exhibit 8-Clerk's Entry of Default of Artur Denisov as Administrator of Estate of Yuriy Denisov, #12 Exhibit 9-Clerk's Entry of Default of Tatiana Rodionova, #13 Exhibit 10-Clerk's Entry of Default of Pravel Inc, #14 Exhibit 11-Clerk's Entry of Default of Russell Ionin, #15 Exhibit 12-Clerk's Entry of Default of Oleksiy Gerasymenko, #16 Exhibit 13-Clerk's Entry of Default of Eduard Zarubin, #17 Exhibit 14-Table of All of Plaintiff's Claims for Relief Against Default Defendants, #18 Exhibit 15-Table of Plaintiff's RICO Claims for Relief Against Default Defendants, #19 Exhibit 16-Table of Plaintiff's Common Law Claims for Relief Against Default Defendants, #20 Exhibit 17-Payments Made to Active Care Medical Supply Enterprise, #21 Exhibit 18-Payments Made to Bento Ortho Enterprise, #22 Exhibit 19-Payments Made to Maiga Products Enterprise, #23 Exhibit 20-Payments Made to Maxford Enterprise, #24 Exhibit 21-Payments Made to Pravel Enterprise, #25 Exhibit 22-Payments Made to Sure Way NY Enterprise, #26 Exhibit 23-Pre-Judgment Interest Calculations, #27 Exhibit 24-Total Damages, #28 Exhibit 25-Unpaid Claims, #29 Exhibit 26-Pending No-Fault Collections Actions) (McKenney, James)
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Filing 95
Stipulation and Order of voluntary dismissal with prejudice as to defendants' Yulia Bilyk and Sovera Medical Supply, Corp. terminated. ( Ordered by Judge Brian M. Cogan on 2/9/2020 ) (Guzzi, Roseann)
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Filing 94
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants Yulia Bilyk and Sovera Medical Supply, Corp. by American Transit Insurance Company (Pinzow, Lee)
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Filing 93
Stipulation and Order of Voluntary dismissal with prejudice as to Vladislav Davydov and Five Star Ortho Products, Inc. Party Vladislav Davydov and Five Star Ortho Products, Inc. terminated. ( Ordered by Judge Brian M. Cogan on 1/27/2020 ) (Guzzi, Roseann)
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Filing 92
Stipulation and Order of Voluntary Dismissal with prejudice as to Yefim Velnik and Pain Free Leaving Inc. Party Pain Free Leaving Inc. and Yefim Velnik terminated. ( Ordered by Judge Brian M. Cogan on 1/27/2020 ) (Guzzi, Roseann)
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Filing 91
Stipulation and Order of voluntary dismissal with prejudice as to Alexander Chernyshev and Sigma Med Care Inc. Party Alexander Chernyshev and Sigma Med Care Inc. terminated. ( Ordered by Judge Brian M. Cogan on 1/27/2020 ) (Guzzi, Roseann)
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Filing 90
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants Vladislav Davydov and Five Star Ortho Products, Inc. by American Transit Insurance Company (Pinzow, Lee)
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Filing 89
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants Yefim Velnik and Pain Free Leaving Inc. by American Transit Insurance Company (Pinzow, Lee)
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Filing 88
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants Alexander Chernyshev and Sigma Med Care Inc. by American Transit Insurance Company (Pinzow, Lee)
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ORDER. The default of the defendants who have not been dismissed having been noted on the docket, plaintiff is ORDERED to move for default judgment, including detailed proof of damages, against the remaining defaulting defendants within 14 days. Ordered by Judge Brian M. Cogan on 1/27/2020. (Clarke, Melonie)
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Filing 87
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Eduard Zarubin has failed to appear or otherwise defend this action, the default of defendant Eduard Zarubin is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 86
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Oleksiy Gerasymenko has failed to appear or otherwise defend this action, the default of defendant Oleksiy Gerasymenko is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 85
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Russell Ionin has failed to appear or otherwise defend this action, the default of defendant Russell Ionin is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 84
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Pain Free Leaving Inc. has failed to appear or otherwise defend this action, the default of defendant Pain Free Leaving Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure.(Poveda, J.)
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Filing 83
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Five Star Ortho Products, Inc. has failed to appear or otherwise defend this action, the default of defendant Five Star Ortho Products, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 82
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Yefim Velnik has failed to appear or otherwise defend this action, the default of defendant Yefim Velnik is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 81
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Maiga Borisevica has failed to appear or otherwise defend this action, the default of defendant Maiga Borisevica is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 80
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 79
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 78
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Yulia Bilyk has failed to appear or otherwise defend this action, the default of defendant Yulia Bilyk is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 77
Request for Certificate of Default by American Transit Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Pinzow, Lee)
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Filing 76
Letter identifying cases holding improper the severance of a RICO complaint alleging multiple, parallel schemes but not specifically alleging the existence of an overarching enterprise connecting those schemes, filed pursuant to the Court's December 16, 2019 Order. by American Transit Insurance Company (McKenney, James)
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Filing 75
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE SOLELY AS TO American Transit Insurance Company and Vadim Povzlov.Ordered by Judge Brian M. Cogan on 12/18/2019. (Marziliano, August)
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Filing 74
SUMMONS Returned Executed by American Transit Insurance Company. Vladislav Davydov served on 12/20/2019, answer due 1/10/2020. (Pinzow, Lee)
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Filing 73
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants State Medical Supply Inc. and Vadim Povzlov by American Transit Insurance Company (Pinzow, Lee)
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Filing 72
Stipulation and Order of Voluntary Dismissal with Prejudice Solely as to Oleksandr Stanislavchuk and Veraso Medical Supply, Corp. So Ordered by Judge Brian M. Cogan on 12/17/2019. (Lee, Tiffeny)
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Filing 71
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 70
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 69
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 68
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 67
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 66
Stipulation and Order of Voluntary Dismissal with Prejudice Solely as to Maksym Tkachenko, TAM Medical Supply Corp and T & S Medical Supply Corporation. So Ordered by Judge Brian M. Cogan on 12/17/2019. (Lee, Tiffeny)
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Filing 65
Stipulation and Order of Voluntary Dismissal with Prejudice Solely as to Inna Pinsky a/k/a Inna Tkachenko and Chapa Products Corporation. So Ordered by Judge Brian M. Cogan on 12/17/2019. (Lee, Tiffeny)
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Filing 64
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants Veraso Medical Supply, Corp. and Oleksandr Stanislavchuk by American Transit Insurance Company (Pinzow, Lee)
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Filing 63
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants T & S Medical Supply Corporation, TAM Medical Supply Corp. and Maksym Tkachenko by American Transit Insurance Company (Pinzow, Lee)
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Filing 62
STIPULATION of Dismissal and Proposed Order of Dismissal Solely as to Defendants Chapa Products Corporation and Inna Pinsky a/k/a Inna Tkachenko by American Transit Insurance Company (Pinzow, Lee)
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ORDER re: #59 #60 #61 . Plaintiff has not made the required showing for the stipulation to be sealed pursuant to authority within the Second Circuit. See e.g. Aioi Nissay Dowa Ins. Co. v. ProSight Specialty Mgmt. Co., No. 12-cv-3274, 2012 WL 3583176, at *6 (S.D.N.Y. Aug. 21, 2012). The Court understands that the settlement agreements contain a confidentiality provision, but there seems nothing confidential about the proposed stipulation. Ordered by Judge Brian M. Cogan on 12/17/2019. (Weisberg, Peggy) Modified on 12/17/2019 (Weisberg, Peggy).
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Filing 61
MOTION for Leave to File Document Electronically Under Seal Enclosing Stipulation and Proposed Order of Dismissal Solely as to Defendants Veraso Medical Supply, Corp. and Oleksandr Stanislavchuk by American Transit Insurance Company. (Attachments: #1 Exhibit A-Stipulation and Proposed Order) (Pinzow, Lee)
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Filing 60
MOTION for Leave to File Document Electronically Under Seal Enclosing Stipulation and Proposed Order of Dismissal Solely as to Defendants T & S Medical Supply Corporation, TAM Medical Supply Corp. and Maksym Tkachenko by American Transit Insurance Company. (Attachments: #1 Exhibit A-Stipulation and Proposed Order of Dismissal) (Pinzow, Lee)
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Filing 59
MOTION for Leave to File Document Electronically Under Seal Enclosing Stipulation and Proposed Order of Dismissal Solely as to Defendants Chapa Products Corporation and Inna Pinsky a/k/a Inna Tkachenko by American Transit Insurance Company. (Attachments: #1 Exhibit A-Stipulation and Proposed Order of Dismissal) (Pinzow, Lee)
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Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 12/16/2019. Counsel for plaintiff and counsel for defendants Alexander Chernyshev and Sigma Med Care Inc. present. By 12/23/2019, plaintiff shall submit a brief letter identifying cases holding improper the severance of a RICO complaint alleging multiple, parallel schemes but not specifically alleging the existence of an overarching enterprise connecting those schemes. Also by 12/23/2019, plaintiff shall file proof of service of, or request an extension of time to serve, defendants Vladislav Davydov, Inna Pinsky, Oleksandr Stanislavchuk, and Maksym Tkachenko. By 12/27/2019, plaintiff shall request entry of default from the Clerk for each of the remaining defendants who have failed to timely appear in this case.The Court set the following discovery schedule: the parties shall exchange their Rule 26(a)(1) disclosures by 12/30/2019; serve their interrogatories and written discovery requests by 1/13/2020; respond to interrogatories and produce their documents by 2/12/2020; and serve third-party subpoenas by 2/19/2020. The parties shall complete all other fact discovery by 6/16/2020. The Court increased the number of permitted interrogatories to 35 per side. (Weisberg, Peggy)
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Set/Reset Hearing Time: Initial Status Conference previously set at 5:30 pm on 12/16/2019 is reset to 11:00 AM in Chambers 704S. (Weisberg, Peggy)
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Filing 58
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Pravel Inc. has failed to appear or otherwise defend this action, the default of defendant Pravel Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 57
REPORT of Rule 26(f) Planning Meeting (Pinzow, Lee)
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Filing 56
SUMMONS Returned Executed by American Transit Insurance Company. Eduard Zarubin served on 12/5/2019, answer due 12/26/2019. (Pinzow, Lee)
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Filing 55
SUMMONS Returned Executed by American Transit Insurance Company. Russell Ionin served on 12/4/2019, answer due 12/25/2019. (Pinzow, Lee)
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Filing 54
SUMMONS Returned Executed by American Transit Insurance Company. Oleksiy Gerasymenko served on 12/5/2019, answer due 12/26/2019. (Pinzow, Lee)
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Filing 53
SUMMONS Returned Executed by American Transit Insurance Company. Yulia Bilyk served on 11/25/2019, answer due 12/16/2019. (Pinzow, Lee)
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Filing 52
SUMMONS Returned Executed by American Transit Insurance Company. Maiga Borisevica served on 11/25/2019, answer due 12/16/2019. (Pinzow, Lee)
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Filing 51
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Tatiana Rodionova has failed to appear or otherwise defend this action, the default of defendant Tatiana Rodionova is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure.(Poveda, J.)
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Filing 50
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Artur Denisov has failed to appear or otherwise defend this action, the default of defendant Artur Denisov is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 49
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Sure Way NY Inc. has failed to appear or otherwise defend this action, the default of defendant Sure Way NY Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 48
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Sovera Medical Supply, Corp. has failed to appear or otherwise defend this action, the default of defendant Sovera Medical Supply, Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 47
MOTION for Leave to File Document -For Order Granting Leave to Serve Summons and Complaint on Defendants Yulia Bilyk, Magia Borisevica, Oleksiy Gerasymenko, Russell Ionin, and Eduard Zarubin by Alternate Means by American Transit Insurance Company. (Attachments: #1 Exhibit A-Affidavit re Gerasymenko, #2 Exhibit B-Affidavits re Ionin, #3 Exhibit C-Affidavits re Zarubin, #4 Exhibit D-Affidavit re Bilyk, #5 Exhibit E- Affidavit re Borisevica, #6 Exhibit F-Amirova Order, #7 Exhibit G-Abramov Order, #8 Exhibit H-Abutova Order, #9 Exhibit I-Afanasyev Order, #10 Exhibit J-Village Medical Supply Order, #11 Exhibit K-NYDOS Abstracts, #12 Exhibit L-New Way Medical Supply Order, #13 Exhibit M-Sovera Medical Supply Order, #14 Exhibit N-Med Help Supply Order) (Pinzow, Lee)
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Filing 46
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Maxford Inc. has failed to appear or otherwise defend this action, the default of defendant Maxford Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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Filing 45
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Bento Ortho Inc. has failed to appear or otherwise defend this action, the default of defendant Bento Ortho Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
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ORDER granting #47 . Plaintiff may serve defendants Oleksiy Gerasymenko, Russell Ionin, and Eduard Zarubin by mailing the summons and complaint to, and affixing the same to the door of, Bento Ortho, Inc., Active Care Medical Supply Corporation, and Pravel Inc., respectively, at the addresses on file with the New York Department of State. Plaintiff may serve defendants Yulia Bilyk and Maiga Borisevica by delivering the summons and complaint to counsel appearing on behalf of Sovera Medical Supply Corp. and Maiga Products, Corp., respectively, in connection with active litigation before Kings County Civil Court. Ordered by Judge Brian M. Cogan on 11/22/2019. (Weisberg, Peggy)
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Filing 44
ANSWER to #1 Complaint, by Alexander Chernyshev, Sigma Med Care Inc.. (Bowers, Nicholas)
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Filing 43
MOTION to Adjourn Conference -Initial Status Conference by American Transit Insurance Company. (Pinzow, Lee)
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Filing 42
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 41
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 40
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 39
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 38
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 37
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Filing 36
Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee)
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Set/Reset Hearing Time: Initial Status Conference previously set at 10:30 am on 11/18/2019 is reset to 4:30 PM in Chambers 704S. (Weisberg, Peggy)
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ORDER re: #43 . Initial Status Conference adjourned to 12/16/2019 at 5:30 PM in Chambers 704S. This is very likely the final adjournment of this conference. Ordered by Judge Brian M. Cogan on 11/14/2019. (Weisberg, Peggy)
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Filing 35
ORDER granting #34 Motion for Extension of Time to Answer. Alexander Chernyshev answer due 11/17/2019; Sigma Med Care Inc. answer due 11/17/2019. ( Ordered by Judge Brian M. Cogan on 11//2019 ) (Guzzi, Roseann)
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| Filing 34 MOTION for Extension of Time to File Answer re #1 Complaint, Stipulation & Proposed Order Solely as to Defendants Sigma Med Care Inc. and Alexander Chernyshev by American Transit Insurance Company. (Pinzow, Lee) |
| Filing 33 NOTICE of Appearance by Nicholas Paul Bowers on behalf of Alexander Chernyshev, Sigma Med Care Inc. (aty to be noticed) (Bowers, Nicholas) |
| Filing 32 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Maiga Products Corporation has failed to appear or otherwise defend this action, the default of defendant Maiga Products Corporation is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 31 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Active Care Medical Supply Corporation has failed to appear or otherwise defend this action, the default of defendant Active Care Medical Supply Corporation is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 30 Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee) |
| Filing 29 Request for Certificate of Default by American Transit Insurance Company (Pinzow, Lee) |
| Filing 28 MOTION to Adjourn Conference -Initial Status Conference by American Transit Insurance Company. (Pinzow, Lee) |
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ORDER granting in part #28 . Initial Status Conference adjourned to 11/18/2019 at 10:30 AM, provided that plaintiff is ORDERED to promptly request entry of default as to any defendant who has not timely appeared. Ordered by Judge Brian M. Cogan on 10/17/2019. (Weisberg, Peggy)
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| Filing 27 SUMMONS Returned Executed by American Transit Insurance Company. Tatiana Rodionova served on 10/8/2019, answer due 10/29/2019. (Pinzow, Lee) |
| Filing 26 SUMMONS Returned Executed by American Transit Insurance Company. Artur Denisov served on 10/8/2019, answer due 10/29/2019. (Pinzow, Lee) |
| Filing 25 SUMMONS Returned Executed by American Transit Insurance Company. Alexander Chernyshev served on 10/8/2019, answer due 10/29/2019. (Pinzow, Lee) |
| Filing 24 SUMMONS Returned Executed by American Transit Insurance Company. Yefim Velnik served on 10/2/2019, answer due 10/23/2019. (Pinzow, Lee) |
| Filing 23 SUMMONS Returned Executed by American Transit Insurance Company. Vadim Povzlov served on 10/2/2019, answer due 10/23/2019. (Pinzow, Lee) |
| Filing 22 SUMMONS Returned Executed by American Transit Insurance Company. Veraso Medical Supply, Corp. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 21 SUMMONS Returned Executed by American Transit Insurance Company. TAM Medical Supply Corp. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 20 SUMMONS Returned Executed by American Transit Insurance Company. T & S Medical Supply Corporation served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 19 SUMMONS Returned Executed by American Transit Insurance Company. Sure Way NY Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 18 SUMMONS Returned Executed by American Transit Insurance Company. State Medical Supply Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 17 SUMMONS Returned Executed by American Transit Insurance Company. Sovera Medical Supply, Corp. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 16 SUMMONS Returned Executed by American Transit Insurance Company. Sigma Med Care Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 15 SUMMONS Returned Executed by American Transit Insurance Company. Pravel Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 14 SUMMONS Returned Executed by American Transit Insurance Company. Pain Free Leaving Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 13 SUMMONS Returned Executed by American Transit Insurance Company. Maxford Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 12 SUMMONS Returned Executed by American Transit Insurance Company. Maiga Products Corporation served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 11 SUMMONS Returned Executed by American Transit Insurance Company. Five Star Ortho Products, Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 10 SUMMONS Returned Executed by American Transit Insurance Company. Chapa Products Corporation served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 9 SUMMONS Returned Executed by American Transit Insurance Company. Bento Ortho Inc. served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 8 SUMMONS Returned Executed by American Transit Insurance Company. Active Care Medical Supply Corporation served on 9/26/2019, answer due 10/17/2019. (Pinzow, Lee) |
| Filing 7 NOTICE of Appearance by James A McKenney on behalf of All Plaintiffs (aty to be noticed) (McKenney, James) |
| Filing 6 NOTICE of Appearance by Robert A. Stern on behalf of All Plaintiffs (aty to be noticed) (Stern, Robert) |
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SCHEDULING ORDER: Initial Status Conference is set for 10/22/2019 at 11:00 AM in Chambers 704S. Ordered by Judge Brian M. Cogan on 9/12/2019. (Clarke, Melonie)
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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) |
| 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) |
| Filing 3 Summons Issued as to Active Care Medical Supply Corporation, Bento Ortho Inc., Yulia Bilyk, Maiga Borisevica, Chapa Products Corporation, Alexander Chernyshev, Vladislav Davydov, Artur Denisov, Five Star Ortho Products, Inc., Oleksiy Gerasymenko, Russell Ionin, Maiga Products Corporation, Maxford Inc., Pain Free Leaving Inc., Inna Pinsky, Vadim Povzlov, Pravel Inc., Tatiana Rodionova, Sigma Med Care Inc., Sovera Medical Supply, Corp., Oleksandr Stanislavchuk, State Medical Supply Inc., Sure Way NY Inc., T & S Medical Supply Corporation, TAM Medical Supply Corp., Maksym Tkachenko, Yefim Velnik, Veraso Medical Supply, Corp., Eduard Zarubin. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by American Transit Insurance Company identifying Corporate Parent A.T.I.C. Management Corp. for American Transit Insurance Company. (Pinzow, Lee) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11836347 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by American Transit Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Appendix, #4 Compendium of Exhibits (1-28)) (Pinzow, Lee) |
| 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. (Bowens, Priscilla) |
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