Bassel v. L'Oreal USA, Inc. et al
| Dr. Jamie Bassel and Dr. Jamie Bassel, D.C. |
| L'Oreal USA, Inc. and Aetna Life and Health Insurance Company |
| 1:2019cv06826 |
| December 4, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Roanne L Mann |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE: The #16 Voluntary Dismissal is So Ordered. Ordered by Judge Pamela K. Chen on 1/23/2020. (Abdallah, Fida)
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| Filing 16 NOTICE of Voluntary Dismissal by Jamie Bassel, DC of certain claims Associated Cases: 1:19-cv-06826-PKC-RLM, 1:19-cv-06831-PKC-RLM, 1:19-cv-06838-PKC-RLM (Kearns, Brendan) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Status Conference held on 1/22/2020. Appearances by Kelliane Jones for Plaintiff; Amber Wallace and Colin O'Boyle for Defendants. Case called. Discussion held. Plaintiff stated that, in light of Judge Korman's recent ruling in 17-cv-5179, he will move to discontinue, i.e., dismiss with prejudice, the claims originally filed on dockets 19-cv-6826, 19-cv-6831, and 19-cv-6838. Additionally, the Court indicated that it will recuse itself from one of the previously consolidated cases, docket 19-cv-6840, due to a conflict of interest and will return the case to Judge Roslyn R. Mauskopf. The lead case will be 19-cv-6827 and going forward all filings should be made on that docket. The Court set the following expedited briefing scheduled for Plaintiff's remand motion and Defendants' motion to dismiss: (1) parties shall file their respective motions, as letters of no more than fifteen (15) pages, by February 12, 2020; (2) parties shall file their responses, as letters of no more than seven (7) pages, by March 4, 2020; and (3) parties shall file their replies, as letters of no more than five (5) pages, by March 18, 2020. The Court will hold oral argument on April 7, 2020 at 2:00 p.m. in Courtroom 4F North. (Court Reporter Linda Marino.) (Brodziak, Maya) Modified on 1/23/2020. (Abdallah, Fida). |
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. 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 Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/22/2020. (LK)
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| Filing 15 MOTION to Appear Pro Hac Vice by Colin O'Boyle Filing fee $ 150, receipt number ANYEDC-12278816. by Aetna Life and Health Insurance Company. (Attachments: #1 O'Boyle Affidavit) (Wallace, Amber) |
| Filing 14 MOTION for Extension of Time to File and Requesting Conference by Aetna Life and Health Insurance Company, L'Oreal USA, Inc.. (Wallace, Amber) |
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ORDER: In light of the relatedness of the cases, and the similar issues pending on dockets 1:19-cv-06826, 1:19-cv-06827, 1:19-cv-06828, 1:19-cv-06829, 1:19-cv-06830, 1:19-cv-06831, 1:19-cv-06832, 1:19-cv-06833, 1:19-cv-06836, 1:19-cv-06837, 1:19-cv-06838, 1:19-cv-06839, 1:19-cv-06840, 1:19-cv-06841, and 1:19-cv-06842, the Court consolidates all cases into the 19-cv-6826 docket. Any and all future entries are to be made in the 19-cv-6826 docket. The Clerk of Court is respectfully directed to consolidate the cases and terminate 1:19-cv-06827, 1:19-cv-06828, 1:19-cv-06829, 1:19-cv-06830, 1:19-cv-06831, 1:19-cv-06832, 1:19-cv-06833, 1:19-cv-06836, 1:19-cv-06837, 1:19-cv-06838, 1:19-cv-06839, 1:19-cv-06840, 1:19-cv-06841, and 1:19-cv-06842.All pending deadlines are adjourned sine die. The Court will hold a status conference on January 22, 2020 at 2:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 1/16/2020. Associated Cases: 1:19-cv-06826-PKC-RLM et al. (Abdallah, Fida)
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| Case Consolidated. Associated Cases: 1:19-cv-06826-PKC-RLM et al. (Abdallah, Fida) |
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SCHEDULING ORDER: The pre motion conference scheduled for January 31, 2020 @ 11AM is canceled, because this case will be re-assigned to J. Chen and MJ Mann as related to: CV-19-6836, Bassel vs. Bank of China. Upon receipt of this email counsel shall confirm with each other that this conference is canceled. Ordered by Judge Frederic Block on 1/14/2020. (Innelli, Michael)
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ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen and Chief Magistrate Judge Roanne L. Mann for all further proceedings. Judge Frederic Block, Magistrate Judge Steven M. Gold no longer assigned to 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.Ordered by Chief Judge Dora Lizette Irizarry on 1/14/2020. Motions referred to Roanne L. Mann. (Davis, Kimberly)
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| Filing 13 Letter by Aetna Life and Health Insurance Company, L'Oreal USA, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Wallace, Amber) |
| Filing 12 CASE REFERRED to Arbitration. Instructions and Arbitration Procedure sent to Counsel and/or Pro se Litigants. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs. Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d) (3). After an Answer is filed, an Arbitration Hearing will be scheduled. The hearing will be scheduled to occur approximately 120 days after filing of the Answer. Counsel have 120 days to complete discovery unless the magistrate judge orders a shorter or longer period for discovery. (Credle, Rita) |
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Filing 11
SCHEDULING ORDER: Defendants letter application #10 dated 12/11/19 is GRANTED. A pre motion conference is scheduled on January 31, 2020 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 12/23/2019. (Innelli, Michael)
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| Filing 10 Letter Pre-Motion Letter Request by Aetna Life and Health Insurance Company, L'Oreal USA, Inc. (Wallace, Amber) |
| Filing 9 REPLY in Support of Aetna's Request for Extension of Time to File Answer filed by Aetna Life and Health Insurance Company. (Wallace, Amber) |
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Filing 8
ORDER OF RECUSAL. Magistrate Judge James Orenstein recused. Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Ordered by Magistrate Judge James Orenstein on 12/11/2019. Motions referred to Steven M. Gold. (Davis, Kimberly)
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| Filing 7 Notice of Related Case (Davis, Kimberly) |
| Filing 6 NOTICE of Appearance by Brendan J Kearns on behalf of All Plaintiffs (aty to be noticed) (Kearns, Brendan) |
| Filing 5 Letter objecting to Aetna's request for extension of time by Jamie Bassel, DC (Kearns, Brendan) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Frederic Block and Magistrate Judge James Orenstein. 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. Motions referred to James Orenstein. (Davis, Kimberly) |
| Filing 2 MOTION for Extension of Time to File Answer by Aetna Life and Health Insurance Company. (Wallace, Amber) |
| Filing 1 NOTICE OF REMOVAL by Aetna Life and Health Insurance Company from Queens Civil Court, case number CV-724299-19/QU. ( Filing fee $ 400 receipt number ANYEDC-12125441) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet) (Wallace, Amber) |
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