Bassel v. WPP Group USA Inc. et al
| Dr. Jamie Bassel and Jamie Bassel, D.C. |
| WPP Group USA Inc. and Aetna Life and Health Insurance Company |
| 1:2019cv06827 |
| 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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| Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04/07/2020, before Judge CHEN. Court Reporter/Transcriber rivka teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/9/2020. Redacted Transcript Deadline set for 11/19/2020. Release of Transcript Restriction set for 1/18/2021. (Teich, Rivka) |
ORDER: In light of the Court's decision granting Plaintiff's #14 motion to remand (see Apr. 7, 2020 Minute Entry), the Court denies as moot Defendant's #13 motion to dismiss. The instant action, including all of the consolidated actions listed on the docket sheet except 19-CV-6826, 19-CV-6831, and 19-CV-6838, which were voluntarily dismissed by Plaintiff on January 22, 2020, and 19-CV-6840, which was reassigned due to a conflict of interest, are remanded back to New York State Civil Court, Queens County, under Index Nos. 724294-19, 724295-19, 724296-19, 724298-19, 724300-19, 724301-19, 724303-19, 724304-19, 724305-19, 724307-19, and 724308-19, for lack of federal subject matter jurisdiction. Ordered by Judge Pamela K. Chen on 4/7/2020. (Brodziak, Maya)
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| Minute Order for proceedings held before Judge Pamela K. Chen: Oral argument on Plaintiff's #14 motion to remand and Defendants' #13 motion to dismiss held telephonically on April 7, 2020. Appearances by Brendan Kearns for Plaintiff; Colin O'Boyle and Amber Wallace for Defendants. Case called. Discussion held. For the reasons stated on the record, the Court grants Plaintiff's #14 motion to remand, but denies his request for attorney's fees pursuant to 28 U.S.C. 1447(c). (Court Reporter Rivka Teich.) (Brodziak, Maya) |
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SCHEDULING ORDER: The oral argument scheduled for 4/7/2020 at 2:00 p.m. will be held via telephone. Each party is directed to call the following conference number: (888) 684-8852, and use access code: 7245547. Ordered by Judge Pamela K. Chen on 3/24/2020. (Abdallah, Fida)
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| Filing 18 REPLY in Support re #14 First MOTION to Remand to State Court filed by Jamie Bassel, DC. (Kearns, Brendan) |
| Filing 17 REPLY to Response to Motion re #13 MOTION to Dismiss filed by Aetna Life and Health Insurance Company. (Wallace, Amber) |
| Filing 16 RESPONSE in Opposition re #14 First MOTION to Remand to State Court filed by Aetna Life and Health Insurance Company. (Wallace, Amber) |
| Filing 15 RESPONSE to Motion re #13 MOTION to Dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit Summons and Complaint with Affidavits of Service) (Kearns, Brendan) |
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ORDER: Pursuant to the Court's Individual Rule 1(D), parties shall provide the Court with courtesy copies of their respective #13 #14 motions by February 19, 2020. Ordered by Judge Pamela K. Chen on 2/14/2020. (Brodziak, Maya)
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| Filing 14 First MOTION to Remand to State Court by Jamie Bassel, DC. (Attachments: #1 Exhibit Judge Korman's Prior Order, #2 Exhibit Purported Plan for Relevant Patient, #3 Exhibit Affidavit of Service) (Kearns, Brendan) |
| Filing 13 MOTION to Dismiss by Aetna Life and Health Insurance Company. (Attachments: #1 Declaration O'Boyle Declaration, #2 Exhibit O'Boyle Exhibit A, #3 Exhibit O'Boyle Exhibit B, #4 Exhibit O'Boyle Exhibit C, #5 Exhibit O'Boyle Exhibit D, #6 Exhibit O'Boyle Exhibit E) (Wallace, Amber) |
| Filing 12 NOTICE of Appearance by Kellianne C Jones on behalf of Jamie Bassel, DC (aty to be noticed) (Jones, Kellianne) |
| Case reopened. See minute entry dated 1/22/2020 in 19-cv-6826 (PKC). (Abdallah, Fida) |
| Case Consolidated. Associated Cases: 1:19-cv-06827-PKC-RLM et al. (Abdallah, Fida) |
| Civil Case Terminated. See Order in Lead Case, 19cv6826 dated 1/16/2020. (Abdallah, Fida) |
| Civil Case Terminated. (Love, Alexis) |
| Filing 11 MOTION for Extension of Time to File and Requesting Conference by Aetna Life and Health Insurance Company, WPP Group USA Inc.. (Wallace, Amber) |
| Case Consolidated. Associated Cases: 1:19-cv-06826-PKC-RLM et al. (Abdallah, Fida) |
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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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| Cases association created. Lead: 1:19-cv-06826; Member: 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. (Abdallah, Fida) |
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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 Edward R. Korman, Magistrate Judge Ramon E. Reyes, Jr 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 1/15/2020. (Brown, Marc)
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| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 10 Letter by Aetna Life and Health Insurance Company, WPP Group USA Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Wallace, Amber) |
| Filing 9 NOTICE of Appearance by Amber Trumbull Wallace on behalf of WPP Group USA Inc. (aty to be noticed) (Wallace, Amber) |
| Filing 8 REPLY in Support of Aetna's Request for Extension of Time to File Answer filed by Aetna Life and Health Insurance Company. (Wallace, Amber) |
| Filing 7 NOTICE of Appearance by Brendan J Kearns on behalf of All Plaintiffs (aty to be noticed) (Kearns, Brendan) |
| Filing 6 Letter objecting to Aetna's request for an extension of time by Jamie Bassel, DC (Kearns, Brendan) |
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ORDER granting #5 Motion for Extension of Time to Answer. Aetna Life and Health Insurance Company answer due by 1/10/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/10/2019. (Several, Emily)
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| Filing 5 MOTION for Extension of Time to File Answer by Aetna Life and Health Insurance Company. (Wallace, Amber) |
| Filing 4 Notice of Related Case (Bowens, Priscilla) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Edward R. Korman and Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Frederic Block, Magistrate Judge Vera M. Scanlon 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 12/5/2019. (Bowens, Priscilla)
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| Case assigned to Judge Frederic Block and Magistrate Judge Vera M. Scanlon. 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 1 NOTICE OF REMOVAL by Aetna Life and Health Insurance Company from Queens Civil Court, case number CV-724308-19/QU. ( Filing fee $ 400 receipt number ANYEDC-12125506) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet) (Wallace, Amber) |
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