Bassel v. The Bank of New York Mellon Corp. et al
| Dr. Jamie Bassel and Dr. Jamie Bassel, D.C. |
| The Bank of New York Mellon Corp. and Aetna Life and Health Insurance Company |
| 1:2019cv06832 |
| 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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| Case Consolidated. Associated Cases: 1:19-cv-06827-PKC-RLM et al. (Abdallah, Fida) |
| Case Consolidated with lead case 19-cv-6827 (PKC). (Abdallah, Fida) |
| Civil Case Terminated. See Order in Lead Case, 19cv6826 dated 1/16/2020. (Abdallah, Fida) |
| Filing 14 MOTION for Extension of Time to File and Requesting Conference by Aetna Life and Health Insurance Company, The Bank of New York Mellon Corp.. (Wallace, Amber) |
| 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) |
| Cases associated. (Abdallah, Fida) |
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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ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen (As related to 19-cv-6836) for all further proceedings. Judge Kiyo A. Matsumoto 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. (Davis, Kimberly)
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| Filing 13 MOTION for pre motion conference to move to dismiss Complaint by Aetna Life and Health Insurance Company, The Bank of New York Mellon Corp.. (Wallace, Amber) |
| Filing 12 Letter by Aetna Life and Health Insurance Company, The Bank of New York Mellon Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Wallace, Amber) |
| Filing 11 Letter in Opposition to Plaintiff's Request for Motion to Remand by Aetna Life and Health Insurance Company, The Bank of New York Mellon Corp. (Wallace, Amber) |
| Filing 10 Letter requesting extension of time nunc pro tunc, responding to request for pre-motion conference, and request for motion to remand scheduling order by Jamie Bassel, DC (Attachments: #1 Exhibit Judge Korman's prior order, #2 Exhibit relevent patient's plan document) (Kearns, Brendan) |
| ELECTRONIC ORDER granting #2 Motion for Extension of Time to Answer. On December 9, 2019, after removing this action from state court, defendants filed a motion addressed to Judge Edward R. Korman, who is not assigned to this case, to request that he schedule a conference in this case, and in more than a dozen similar cases filed by the same plaintiff and removed to this District; defendants also requested a 30-day extension of time to respond to the complaint, over plaintiff's objection. On December 11, 2019, having received no ruling on their December 9th application, defendants filed, in four of the actions, a letter-motion addressed to this magistrate judge, and docketed as "Reply," requesting that the deadline for responding to the complaint in that case be extended until January 10, 2020. Later that day, defendants filed in each of those cases requests that the District Judge assigned to the case schedule a premotion conference to address defendants' planned motion to dismiss. In light of the pending motion for a premotion conference in each of the four cases to which this magistrate judge is assigned, this Court grants defendants' request for an extension of the deadline until January 10, 2020, over plaintiff's objection. Ordered by Chief Magistrate Judge Roanne L. Mann on 12/13/2019. (Proujansky, Josh) |
| Filing 9 Letter Pre-Motion Letter Request by Aetna Life and Health Insurance Company, The Bank of New York Mellon Corp. (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 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 Kiyo A. Matsumoto and Chief Magistrate Judge Roanne L. Mann. 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 Roanne L. Mann. (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-724304-19/QU. ( Filing fee $ 400 receipt number ANYEDC-12125667) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet) (Wallace, Amber) |
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