Government Employees Insurance Co. et al v. Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC et al
| Government Employees Insurance Co., GEICO Indemnity Co., GEICO General Insurance Company and GEICO Casualty Co. |
| Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, Sangwoo Mah, D.C., Seung-Hyuk Choi, P.T., Seung Yong Song, L.Ac., Ho Rheem Rim, L.Ac., Marc Felderstein, D.C., Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC and John Cho, M.D. |
| David P Horowitz |
| 1:2022cv00568 |
| January 31, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| James R Cho |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
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| SELECTION OF MEDIATOR David P Horowitz selected as Mediator. The first mediation session will take place remotely on July 13, 2022 at 1:00pm EST. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms.The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
| Filing 32 Corporate Disclosure Statement by Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC, John Cho, MD (Conroy, Matthew) |
| Minute Entry for proceedings held before Judge Frederic Block: Max Gershenoff, Esq. for the plaintiff; Matthew Conroy, Esq. for defendants Northern Therapy and Peter Birzon, Esq. for defendant Bethel Anesthesia, all present. Pre-motion conference held on 5/24/2022. Plaintiffs anticipated motion to stay all pending no fault insurance collection arbitrations and enjoining defendants from commencing any further no fault insurance collection arbitrations against GEICO were discussed. The Court heard oral argument on the parties anticipated motions to stay and has reserved decision. The case will be referred to court mediation. (Court Reporter: Not Reported.) (Innelli, Michael) Modified on 5/24/2022 (Innelli, Michael). |
ORDER REFERRING CASE to Mediation. Mediation shall be completed by 7/15/2022.Selection of Mediator due by 6/7/2022. Ordered by Judge Frederic Block on 5/24/2022. (Innelli, Michael)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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Filing 31
SCHEDULING ORDER: Plaintiff's letter application #28 dated 4/11/22 is GRANTED. An in person pre motion conference is scheduled for May 24, 2022 @ 3:30PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 5/2/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 5/24/2022 03:30 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 30 RESPONSE to Motion re #28 Letter MOTION for pre motion conference Letter Motion for Pre-Motion Conference in Advance of Motion to Stay/Enjoin filed by Seung-Hyuk Choi, PT, Marc Felderstein, DC, Sangwoo Mah, DC, Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, Ho Rheem Rim, LAc, Seung Yong Song, LAc. (Birzon, Peter) |
| Filing 29 RESPONSE to Motion re #28 Letter MOTION for pre motion conference Letter Motion for Pre-Motion Conference in Advance of Motion to Stay/Enjoin filed by Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC, John Cho, MD. (Hewitt, Robert) |
| Filing 28 Letter MOTION for pre motion conference Letter Motion for Pre-Motion Conference in Advance of Motion to Stay/Enjoin by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Gershenoff, Max) |
| Minute Entry for Initial Conference proceedings held on 4/7/2022 before Magistrate Judge James R. Cho: Appearances by counsel for all parties. Case discussed. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 4/14/2022; no amendment of the pleadings or joinder of additional parties permitted after 7/28/2022; parties to complete fact discovery by 11/3/2022; affirmative expert disclosures due by 12/1/2022; rebuttal expert disclosures due by 12/29/2022; all discovery, including expert depositions, shall be completed by 2/2/2023; and parties to commence dispositive motion practice in accordance with the assigned District Judge's Individual Rules by 3/2/2023.Parties to submit a joint status report by 7/7/2022 and to notify the Court whether they would like a referral to Court-annexed mediation or a settlement conference at that time. (FTR Log #AT&T Conference Bridge.) (Grieff, Robin) |
| Filing 27 Proposed Scheduling Order by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Gershenoff, Max) |
| Filing 26 Defendants' ANSWER to #1 Complaint,,,, by Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC, John Cho, MD. (Hewitt, Robert) |
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Filing 25
SCHEDULING ORDER: A Telephonic Initial Conference will be held at 10:00 a.m. on 4/7/2022 before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiffs are directed to immediately confirm this conference date and time with defendants' counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 4/5/2022. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 3/21/2022. (Attachments: #1 Chamber's Individual Rules) (Gillespie-Cardo, Saudia)
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| Filing 24 Corporate Disclosure Statement by Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC (Birzon, Peter) |
| Filing 23 ANSWER to Complaint by Seung-Hyuk Choi, PT, Marc Felderstein, DC, Sangwoo Mah, DC, Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, Ho Rheem Rim, LAc, Seung Yong Song, LAc. (Birzon, Peter) |
| Filing 22 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Seung-Hyuk Choi, PT served on 3/11/2022, answer due 4/1/2022. (Gershenoff, Max) |
| Filing 21 Corporate Disclosure Statement by Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC (Birzon, Peter) |
| Filing 20 MOTION for Extension of Time to File Answer by Seung-Hyuk Choi, PT, Marc Felderstein, DC, Sangwoo Mah, DC, Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, Ho Rheem Rim, LAc, Seung Yong Song, LAc. (Attachments: #1 Stipulation Extending Time to Respond To Complaint) (Birzon, Peter) |
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ORDER granting #20 Motion for Extension of Time to Answer. Defendants Seung-Hyuk Choi, P.T., Marc Felderstein, D.C., Sangwoo Mah, D.C., Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, Ho Rheem Rim, LAc and Seung Yong Song, LAc shall answer, move or otherwise respond to the complaint by 3/23/2022. Ordered by Magistrate Judge James R. Cho on 2/28/2022. (Gillespie-Cardo, Saudia)
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| Filing 19 NOTICE of Appearance by Peter M. Birzon on behalf of Seung-Hyuk Choi, PT, Sangwoo Mah, DC, Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, Ho Rheem Rim, LAc, Seung Yong Song, LAc (aty to be noticed) (Birzon, Peter) |
| Filing 18 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Ho Rheem Rim, LAc served on 2/17/2022, answer due 3/10/2022. (Gershenoff, Max) |
| Filing 17 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Marc Felderstein, DC served on 2/17/2022, answer due 3/10/2022. (Gershenoff, Max) |
| Filing 16 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Seung Yong Song, LAc served on 2/11/2022, answer due 3/4/2022. (Gershenoff, Max) |
| Filing 15 First MOTION for Extension of Time to File Answer re #1 Complaint,,,, with consent, by Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC, John Cho, MD. (Attachments: #1 Stipulation fully executed) (Conroy, Matthew) |
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ORDER granting #15 Motion for Extension of Time to Answer. Defendants Bethel Anesthesia and Pain Management, Bethel Interventional Pain Management LLC and John Cho, MD shall answer, move or otherwise respond to the complaint by 3/23/2022. Ordered by Magistrate Judge James R. Cho on 2/18/2022. (Gillespie-Cardo, Saudia)
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| Filing 14 NOTICE of Appearance by Robert E. B. Hewitt, III on behalf of Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC, John Cho, MD (aty to be noticed) (Hewitt, Robert) |
| Filing 13 NOTICE of Appearance by Matthew J. Conroy on behalf of Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC, John Cho, MD (aty to be noticed) (Conroy, Matthew) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Sangwoo Mah, DC served on 2/11/2022, answer due 3/4/2022. (Gershenoff, Max) |
| Filing 11 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC served on 2/7/2022, answer due 2/28/2022. (Gershenoff, Max) |
| Filing 10 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. John Cho, MD served on 2/9/2022, answer due 3/2/2022. (Gershenoff, Max) |
| Filing 9 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Bethel Interventional Pain Management LLC served on 2/9/2022, answer due 3/2/2022. (Gershenoff, Max) |
| Filing 8 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. Bethel Anesthesia and Pain Management, Inc. served on 2/9/2022, answer due 3/2/2022. (Gershenoff, Max) |
| Filing 7 NOTICE of Appearance by Christina M Bezas on behalf of GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (aty to be noticed) (Bezas, Christina) |
| Filing 6 NOTICE of Appearance by Barry I. Levy on behalf of GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (aty to be noticed) (Levy, Barry) |
| Filing 5 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) |
| Filing 4 Summons Issued as to All Defendants. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Case Assigned to Judge Frederic Block and Magistrate Judge James R. Cho. 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 Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. identifying Corporate Parent GEICO Corporation, Other Affiliate Berkshire Hathaway, Inc. for GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co.. (Gershenoff, Max) |
| Filing 1 COMPLAINT against Bethel Anesthesia and Pain Management, Inc., Bethel Interventional Pain Management LLC, John Cho, MD, Seung-Hyuk Choi, PT, Marc Felderstein, DC, Sangwoo Mah, DC, Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, Ho Rheem Rim, LAc, Seung Yong Song, LAc filing fee $ 402, receipt number ANYEDC-15245979 Was the Disclosure Statement on Civil Cover Sheet completed - NO,, filed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider, #3 Exhibit 1 - Representative Sample of Fraudulent Claims Identified to Date - Northern Physical Therapy, Chiropractic, & Acupuncture, PLLC, #4 Exhibit 2 - Representative Sample of Fraudulent Claims Identified to Date - Bethel Anesthesia and Pain Management, Inc., #5 Exhibit 3 - Representative Sample of Fraudulent Claims Identified to Date - Bethel Interventional Pain Management LLC) (Gershenoff, Max) |
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