Government Employees Insurance Company et al v. Med Equipments Service, Inc. et al
| GEICO Indemnity Company, GEICO Casualty Company, GEICO General Insurance Company and Government Employees Insurance Company |
| Med Equipments Service, Inc., Richard Apple, M.D., John Doe Defendants 1-10, Clifton Burt, M.D., Emil Stracar, M.D. and Zinovy Ayzenberg |
| 1:2020cv03396 |
| July 28, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
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ORDER granting #25 . Initial Status Conference adjourned to 10/27/2020 at 1:00 pm. Defendant Emil Stracar's time to answer is extended to 10/27/2020. However, further extensions are unlikely. Ordered by Judge Brian M. Cogan on 9/23/2020. (Weisberg, Peggy)
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| Filing 25 MOTION for Extension of Time to File GEICO and the Responding Defendants Request that the Court Adjourn the Pending Dates for Thirty (30) Days to Permit the Parties to Memorialize the Terms of the Settlement Agreements to be Executed by GEICO and Responding Defendants by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Vanunu, Michael) |
| Filing 24 Second MOTION for Extension of Time to File Answer re #1 Complaint,, by Emil Stracar, MD. (Furman, Mark) |
| Filing 23 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Clifton Burt, MD has failed to appear or otherwise defend this action, the default of defendant Clifton Burt, MD is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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ORDER granting #24 . Defendant Emil Stracar's time to answer is extended to 9/24/2020. Ordered by Judge Brian M. Cogan on 9/18/2020. (Weisberg, Peggy)
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| Filing 22 Letter MOTION for Extension of Time to File a Joint Statement in Advance of the Initial Conference by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Vanunu, Michael) |
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ORDER granting #22 . Parties shall submit joint summary letter by 9/21/2020. Ordered by Judge Brian M. Cogan on 9/17/2020. (Weisberg, Peggy)
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| Filing 21 Request for Certificate of Default by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Attachments: #1 Affidavit in Support of Certificate of Default regarding Clifton Burt, M.D., #2 Exhibit A-Certificate of Manpower/Military Status) (Vanunu, Michael) |
| Filing 20 First MOTION for Extension of Time to File Answer re #1 Complaint,, by Richard Apple, MD, Zinovy Ayzenberg, Med Equipments Service, Inc.. (Pinczewski, Benjamin) |
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ORDER TO ANSWER. Defendants Richard Apple MD, Zinovy Ayzenberg and Med Equipments' time to file their answer is extended until 9/21/2020. Ordered by Judge Brian M. Cogan on 9/9/2020. (Weisberg, Peggy)
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ORDER striking #17 . This Stipulation is null and void as it is up to the Court, not the parties, to extend defendants' time to answer. Ordered by Judge Brian M. Cogan on 9/9/2020. (Weisberg, Peggy)
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| NOTICE TO ALL PARTIES. Initial Status Conference scheduled for 9/24/2020 at 1:00 pm will be held by telephone. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. They are reminded to comply with the mandatory requirements set forth at #8 and shall file on the docket a completed case management plan prior to the conference. (Weisberg, Peggy) |
| Filing 19 First MOTION for Extension of Time to File Answer re #1 Complaint,, by Emil Stracar, MD. (Furman, Mark) |
| Filing 18 NOTICE of Appearance by Mark L. Furman on behalf of Emil Stracar, MD (aty to be noticed) (Furman, Mark) |
| Filing 17 STIPULATION to Extend Time to Answer by Richard Apple, MD, Zinovy Ayzenberg, Med Equipments Service, Inc. (Pinczewski, Benjamin) |
| Filing 16 NOTICE of Appearance by Benjamin Max Pinczewski on behalf of Richard Apple, MD, Zinovy Ayzenberg, Med Equipments Service, Inc. (aty to be noticed) (Pinczewski, Benjamin) |
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ORDER granting #19 . Defendant Emil Stracar's time to answer or otherwise respond to the complaint is extended up through and including 9/21/2020. Ordered by Judge Brian M. Cogan on 9/8/2020. (Weisberg, Peggy)
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| Filing 15 Letter MOTION to Adjourn Conference upcoming Initial Status Conference set for September 9, 2020 pursuant to the Courts Scheduling Order dated July 29, 2020 (Docket No. 8) and resetting the deadlines of the Courts Mandatory Requirements for the Initial Status Conference by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Vanunu, Michael) |
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ORDER granting #15 . Initial Status Conference adjourned to 9/24/2020 at 1:00 PM on condition that plaintiff requests the clerk to enter the default of those defendants which are in default by 9/8/2020 and that if the final defendant defaults, plaintiff must request entry of default within three days after that. Ordered by Judge Brian M. Cogan on 9/4/2020. (Weisberg, Peggy)
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| Filing 14 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Med Equipments Service, Inc. served on 8/12/2020, answer due 9/2/2020. (Levy, Barry) |
| Filing 13 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Richard Apple, MD served on 8/17/2020, answer due 9/7/2020. (Levy, Barry) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Zinovy Ayzenberg served on 8/11/2020, answer due 9/1/2020. (Levy, Barry) |
| Filing 11 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Emil Stracar, MD served on 8/11/2020, answer due 9/1/2020. (Levy, Barry) |
| Filing 10 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Clifton Burt, MD served on 8/13/2020, answer due 9/3/2020. (Levy, Barry) |
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ORDER deferring ruling on #9 Letter to the Court, re Request for Adjournment. The Court is not going to determine this request until plaintiffs have filed proof of service of the summons and complaint as required by Federal Rule of Civil Procedure 4(l). In addition, counsel is advised that this letter should have been designated as an ECF event Letter "Motion" since it seeks relief from the Court. Do not refile the letter. Ordered by Judge Brian M. Cogan on 9/2/2020. (Weisberg, Peggy)
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| Filing 9 Letter to the Court, re Request for Adjournment of the Initial Conference by Government Employees Insurance Company (Vanunu, Michael) |
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Filing 8
SCHEDULING ORDER: Initial Status Conference is set for 9/9/2020 at 10:00 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 7/29/2020. (Clarke, Melonie)
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| Filing 7 NOTICE of Appearance by Philip P. Nash on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Nash, Philip) |
| Filing 6 NOTICE of Appearance by Michael Vanunu on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Vanunu, Michael) |
| Filing 5 NOTICE of Appearance by Michael A. Sirignano on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Sirignano, Michael) |
| Filing 4 Summons Issued as to All Defendants. (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 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. (Davis, Kimberly) |
| Filing 2 Corporate Disclosure Statement by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent GEICO Corporation for GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Levy, Barry) |
| Filing 1 COMPLAINT against Richard Apple, MD, Zinovy Ayzenberg, Clifton Burt, MD, John Doe Defendants 1-10, Med Equipments Service, Inc., Emil Stracar, MD filing fee $ 400, receipt number ANYEDC-13127590 Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider, #3 Exhibit 1 - Representative Sample of Fraudulent Claims Identified to Date, #4 Exhibit 2 - New York State Insurance Department Opinion Letter dated June 16, 2004) (Levy, Barry) |
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