Government Employees Insurance Company et al v. Big Apple Med Equipment, Inc. et al
| GEICO Indemnity Company, GEICO Casualty Company, GEICO General Insurance Company and Government Employees Insurance Company |
| David Abayev, John Doe Defendants 1-10, Peter Margulies, D.C., Ashley Kiaei, D.C., Aleksandr Mostovoy, D.C., Suresh Paulus, D.O. and Big Apple Med Equipment, Inc. |
| 1:2020cv05786 |
| November 30, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Pamela K Chen |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 First MOTION for Leave to File Document by Suresh Paulus, DO. (Attachments: #1 Exhibit Answer) (Conroy, Matthew) |
ORDER: The Motion for Extension of Time to Answer #27 is granted. Defendant Aleksandr Mostovoy, DC shall answer, move, or otherwise respond to the Complaint #1 by 3/1/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/26/2021. (Farrell, Gillian)
|
| Filing 27 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, until March 1, 2021 by Aleksandr Mostovoy, DC. (George, Abraham) |
| Filing 26 NOTICE of Appearance by Abraham M George on behalf of Aleksandr Mostovoy, DC (aty to be noticed) (George, Abraham) |
|
ORDER: The Motion #25 is granted. Defendant Ashley Kiaei, D.C. has established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Defendant Ashley Kiaei, D.C. has established that the default was not willful. See, e.g., Am. Alliance Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 61 (2d Cir. 1996) (ruling that "a filing mistake" by "counsel's clerk" was "grossly negligent" but "was not willful, deliberate, or evidence of bad faith"). Second, Plaintiffs have consented to the extension of time to file and to set aside the default. And third, Defendant Ashley Kiaei, D.C. is prepared to promptly file an answer and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. Defendant Ashley Kiaei, D.C. is directed to file an answer by 2/5/2021. The Motion #17 is denied as moot in light of the subsequent motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/15/2021. (Farrell, Gillian)
|
| Filing 25 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Ashley Kiaei, DC. (Eisenberg, Lloyd) |
| Filing 24 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Aleksandr Mostovoy, DC served on 1/6/2021, answer due 1/27/2021. (Levy, Barry) |
| Filing 23 NOTICE of Appearance by Lloyd M. Eisenberg on behalf of Ashley Kiaei, DC (aty to be noticed) (Eisenberg, Lloyd) |
| Filing 22 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Peter Margulies, DC served on 12/28/2020, answer due 2/23/2021. (Levy, Barry) |
|
ORDER: The Motion for Extension of Time to Answer #21 is granted. Defendant Peter Margulies, DC shall answer, move, or otherwise respond to the Complaint #1 by 2/23/2021. The Motion for Extension of Time to Answer #19 is denied as moot in light of the subsequent motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/11/2021. (Farrell, Gillian)
|
| Filing 21 Letter MOTION for Extension of Time to File Answer by Peter Margulies, DC. (Attachments: #1 Exhibit Proof of Waiver of Service, #2 Exhibit Stipulation Extend Time to Answer) (Goodman, Gregory) |
| Filing 20 MOTION for Extension of Time to File extend time to file motion to extend time to answer or otherwise respond to the complaint or, in the alternative, to extend time to file motion to vacate default by David Abayev, Big Apple Med Equipment, Inc.. (Attachments: #1 Exhibit 1 - stipulation) (Bowers, Nicholas) |
|
ORDER: The Motion #20 is granted. Defendants David Abayev and Big Apple Med Equipment, Inc., have established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, they have established that the default was not willful, but the result of an inadvertent mistake by counsel. See, e.g., Am. Alliance Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 61 (2d Cir. 1996) (ruling that "a filing mistake" by "counsel's clerk" was "grossly negligent" but "was not willful, deliberate, or evidence of bad faith"). Second, Plaintiffs have consented to the extension of time to file and to set aside the default. And third, Defendants David Abayev and Big Apple Med Equipment, Inc. are prepared to promptly file an answer and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. Defendants David Abayev and Big Apple Med Equipment, Inc. are directed to file their answer by 2/5/2021. The Motion #16 is denied as moot in light of the subsequent motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/8/2021. (Farrell, Gillian)
|
|
ORDER: On 1/7/2021, Defendant Peter Margulies moved to extend the time to answer, move, or otherwise respond to the Complaint #1 . Defendant is directed to file an executed summons that indicates the date of service or proof of waiver of service. If Defendant Peter Margulies is seeking to extend the time to answer after the time to do so has passed, Defendant must file a motion by 1/15/2021 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 1/8/2021. (Farrell, Gillian)
|
| Filing 19 Consent MOTION for Extension of Time to File Answer by Peter Margulies, DC. (Goodman, Gregory) |
| Filing 18 NOTICE of Appearance by Gregory A Goodman on behalf of Peter Margulies, DC (aty to be noticed) (Goodman, Gregory) |
|
ORDER: On 1/6/2021, Defendants David Abayev and Big Apple Med Equipment, Inc., and Defendant Ashley Kiaei, respectively, moved to extend the time to answer, move, or otherwise respond to the Complaint #1 . Defendant Big Apple Med Equipment, Inc.'s answer was due on 1/4/2021 and Defendants David Abayev and Ashley Kiaei's answers were due on 1/5/2021. Because they are seeking to extend the time to answer after the time to do so has passed, they must file motions by 1/15/2021 that explain why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 1/7/2021. (Farrell, Gillian)
|
| Filing 17 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, Stipulation Acknowledging Service and Extending Defendant Ashley Kiaei, D.C.'s Time to Answer or Otherwise Respond to Plaintiffs' Complaint through and including February 1, 2021 by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Vanunu, Michael) |
| Filing 16 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, Stipulation Of Extension by David Abayev, Big Apple Med Equipment, Inc.. (Bowers, Nicholas) |
| Filing 15 NOTICE of Appearance by Nicholas Paul Bowers on behalf of David Abayev, Big Apple Med Equipment, Inc. (aty to be noticed) (Bowers, Nicholas) |
| Filing 14 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. David Abayev served on 12/15/2020, answer due 1/5/2021. (Levy, Barry) |
| Filing 13 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Big Apple Med Equipment, Inc. served on 12/14/2020, answer due 1/4/2021. (Levy, Barry) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Ashley Kiaei, DC served on 12/15/2020, answer due 1/5/2021. (Levy, Barry) |
| Filing 11 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 10 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 9 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 8
SCHEDULING ORDER: An initial/telephone conference will be held at 2:30 P.M. on 3/5/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 2:30 P.M. conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 3/5/2021 Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/22/2020. (Manson, Eddie)
|
|
ORDER: The Motion for Extension of Time to Answer #7 is granted. Defendant Suresh Paulus, D.O. shall answer, move, or otherwise respond to the Complaint #1 by 1/21/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/22/2020. (Farrell, Gillian)
|
| Filing 7 First MOTION for Extension of Time to File Answer re #1 Complaint,, to January 15, 2021 by Suresh Paulus, DO. (Conroy, Matthew) |
| Filing 6 NOTICE of Appearance by Matthew J. Conroy on behalf of Suresh Paulus, DO (aty to be noticed) (Conroy, Matthew) |
| Filing 5 Summons Issued as to All Defendants. (Davis, Kimberly) |
| 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 Pamela K. Chen and Magistrate Judge Sanket J. Bulsara. 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 David Abayev, Big Apple Med Equipment, Inc., John Doe Defendants 1-10, Ashley Kiaei, DC, Peter Margulies, DC, Aleksandr Mostovoy, DC, Suresh Paulus, DO filing fee $ 400, receipt number ANYEDC-13759128 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) (Levy, Barry) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
