American Kinetics Labs, Inc. v. Humana, Inc. et al
| American Kinetics Labs, Inc. |
| Humana Health Plan, Inc., Humana Insurance Company and Humana, Inc. |
| 1:2021cv03341 |
| June 14, 2021 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Vera M Scanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.
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| Filing 11 Consent MOTION for Extension of Time to File Answer re #10 Amended Complaint Agreed Letter Motion for Extension of Time for Defendants to File Rule 12 Response to First Amended Complaint by Humana Health Plan, Inc., Humana Insurance Company, Humana, Inc.. (Leigh, Michael) |
ORDER granting #11 Motion for Extension of Time to Answer. Defendants are directed to answer or otherwise respond to the first amended complaint by August 30, 2021. Plaintiff consents to the defendants' extension request. Ordered by Judge Kiyo A. Matsumoto on 8/11/2021. (Tran, Alexander)
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| Filing 10 AMENDED COMPLAINT against All Defendants, filed by American Kinetics Labs, Inc.. (Attachments: #1 Redlined Amended Complaint) (Pesochin, Alex) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Pre Motion Conference held on 6/29/2021. Appearances: Steven Yuniver appeared on behalf of the plaintiff; Michael Leigh on behalf of defendants.Plaintiff shall file a first amended complaint and should serve defendants with documents related to the disputed claims establishing medical necessity for the durable medical equipment as prescribed by a licensed physician by July 13, 2021. In order to give the parties time to resolve the case, defendants time to answer or otherwise respond to the first amended complaint is extended to August 16, 2021. If the parties are unable to resolve the case by August 16, 2021, the parties shall file a jointly agreeable briefing schedule for defendants' motion to dismiss, following the schedule set forth in defendants' #7 June 21, 2021 letter requesting a pre-motion conference. The parties are reminded to follow the court's individual rules on the bundling of motions. Any relief from the initial conference or discovery obligations should be requested from Judge Scanlon. (Court Reporter Linda Marino.) (Tran, Alexander) |
| Filing 9 NOTICE of Appearance by Alex Pesochin on behalf of All Plaintiffs (aty to be noticed) (Pesochin, Alex) |
| Filing 8 REPLY in Opposition Response_to_Humana_Letter_for_Pre-Motion_Conference filed by American Kinetics Labs, Inc.. (Yuniver, Steven) |
| Filing 7 Letter Pre-Motion Conference Letter by Humana Health Plan, Inc., Humana Insurance Company, Humana, Inc. (Leigh, Michael) |
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ORDER re #7 Letter filed by Humana Health Plan, Inc., Humana Insurance Company, Humana, Inc. The court grants defendants' request for a pre-motion conference. The court will hold a telephonic pre-motion conference on June 29, 2021 at 10:00 am EST. The parties should dial into the conference on that date by calling 1-888-684-8852 and entering the following access code: 1312089. Plaintiff is respectfully directed to respond to defendants' #7 motion for a pre motion conference by June 25, 2021. Ordered by Judge Kiyo A. Matsumoto on 6/21/2021. (Tran, Alexander)
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Filing 6
SCHEDULING ORDER: As set forth in the attached Order, a Telephonic Initial Conference is scheduled for 8/24/2021 at 11:00 AM before Magistrate Judge Scanlon. The parties must complete the attached joint proposed scheduling order and file on ECF no later than 8/17/2021. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 6/17/2021. (Lozar, Ryan)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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) |
| Filing 3 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Notice of Removal, by Humana Health Plan, Inc., Humana Insurance Company, Humana, Inc. (Leigh, Michael) |
| Filing 2 Corporate Disclosure Statement by Humana Health Plan, Inc., Humana Insurance Company, Humana, Inc. identifying Corporate Parent Humana Inc. for Humana Health Plan, Inc., Humana Insurance Company. (Leigh, Michael) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Kiyo A. Matsumoto 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) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Humana Health Plan, Inc., Humana Insurance Company, Humana, Inc. from Supreme Court of New York, Kings County, case number Index No 507402/2021. ( Filing fee $ 402 receipt number ANYEDC-14563812) (Attachments: #1 Exhibit A - State Court Documents, #2 Exhibit B - State Court Notice of Removal, #3 Civil Cover Sheet) (Leigh, Michael) |
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