Aesthetic & OBGYN For Advanced Women P.C. v. State Farm Fire And Casualty Company
| Aesthetic & OBGYN For Advanced Women P.C. |
| State Farm Fire And Casualty Company |
| 1:2022cv00647 |
| February 4, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Peggy Kuo |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| None |
Docket Report
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SCHEDULING ORDER: The Initial Conference by telephone previously scheduled for April 21, 2022 is adjourned to April 29, 2022 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The pending #11 Motion to Withdraw as Attorney will be addressed at this conference. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) By April 25, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Ordered by Magistrate Judge Peggy Kuo on 3/15/2022. (O'Neil-Berven, Ryan)
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| Filing 12 Letter re Pending Motion To Be Relieved by Aesthetic & OBGYN For Advanced Women P.C. (Aboulafia, Matthew) |
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MINUTE ORDER: Motion Hearing by telephone held March 1, 2022 before Magistrate Judge Peggy Kuo. Attorney Matthew Aboulafia appeared on behalf of Plaintiff. Attorney Catalina De La Hoz appeared on behalf of Defendant. Dr. Sandy Anay, a representative for Plaintiff, was also present. The Court heard argument on Mr. Aboulafia's #11 motion to withdraw as attorney.Dr. Anay did not initially appear as ordered by the Court. At the Court's direction, Mr. Aboulafia attempted to call her, but the phone number was disconnected. Mr. Aboulafia then called the telephone number from which Dr. Anay called his office last week. Dr. Anay answered the phone. She stated that she was aware of today's conference but did not call because it was a Hindu holiday, and she was out, and because she was looking for the call-in number. She acknowledged that she did not contact Mr. Aboulafia today to tell him she would be late or was unable to find the call-in number. She stated that she has been unable to communicate with Mr. Aboulafia because her internet and certain phone lines were disconnected, but that she recently gave him a working telephone number. She stated that she wants Mr. Aboulafia to remain as Plaintiff's counsel and that she has paid Mr. Aboulafia $1750 to represent her at the examination under oath ("EUO"), not $750 as Mr. Aboulafia states, and that she intended to pay the remaining $750 when a date for the EUO is set.The Court defers ruling on the motion #11 and directed the parties to schedule the EUO as soon as possible. Once the EUO is conducted, Plaintiff is directed to consider whether this lawsuit remains necessary or viable, given that its central claims involve Defendant's alleged failure to schedule the EUO. If appropriate, Plaintiff should consider voluntary dismissal of the case.Dr. Anay is directed to remain in close communication with Mr. Aboulafia and respond to his emails and telephone calls. The Court explained that if Mr. Aboulafia's motion to withdraw is granted, Dr. Anay will have to hire another attorney for this case to proceed because a corporation may only appear through licensed counsel.Mr. Aboulafia is directed to file a status letter no later than March 15, 2022, indicating whether he still wishes the Court to rule on his motion to withdraw. If Dr. Anay disagrees with any of Mr. Aboulafia's statements to the Court, the letter should include her position on the motion. Ordered by Magistrate Judge Peggy Kuo on March 1, 2022. (FTR Log #11:33-12:10.) (Wu, Kevin)
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| Filing 11 MOTION to Withdraw as Attorney by Aesthetic & OBGYN For Advanced Women P.C.. (Attachments: #1 Affidavit in Support, #2 Certificate of Service) (Aboulafia, Matthew) (Main Document 11 replaced on 2/15/2022 per phone request) (Layne, Monique). (Attachment 1 replaced on 2/15/2022 per phone request) (Layne, Monique). (Attachment 2 replaced on 2/15/2022 per phone). (Layne, Monique). |
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ORDER granting #10 Motion for Leave to File. Plaintiff's counsel is directed to file a Motion to Withdraw as Attorney by February 22, 2022. A Motion Hearing by telephone on the anticipated Motion to Withdraw is scheduled for March 1, 2022 at 11:30 a.m. before Magistrate Judge Peggy Kuo. A representative of Plaintiff must be present. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 2/14/2022. (O'Neil-Berven, Ryan) Modified on 2/14/2022 to correct language (O'Neil-Berven, Ryan).
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ORDER: In plaintiff's response #10 to defendant's motion for a pre-motion conference #9 , plaintiff's counsel moves to be relieved. The motion for relief is respectfully referred to Magistrate Judge Kuo, and motions practice is stayed pending its resolution. Ordered by Judge Rachel P. Kovner on 2/14/2022. Motions referred to Peggy Kuo. (Daus, Benjamin)
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| Filing 10 Letter MOTION for pre motion conference re #9 Letter MOTION for pre motion conference and in Response to Defendant's Request for a Pre-Motion Conference by Aesthetic & OBGYN For Advanced Women P.C.. (Glanzberg, Jack). Added MOTION for Leave to File Document on 2/14/2022 (O'Neil-Berven, Ryan). |
| Filing 9 Letter MOTION for pre motion conference by State Farm Fire And Casualty Company. (De La Hoz Miranda, Catalina) |
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ORDER: Per Individual Rule IV.A, plaintiff shall file a response to defendant's motion for a pre-motion conference #9 within five business days. Ordered by Judge Rachel P. Kovner on 2/11/2022. (Daus, Benjamin)
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| Filing 8 NOTICE of Appearance by Jack Glanzberg on behalf of Aesthetic & OBGYN For Advanced Women P.C. (aty to be noticed) (Glanzberg, Jack) |
| Filing 7 NOTICE of Appearance by Matthew S. Aboulafia on behalf of Aesthetic & OBGYN For Advanced Women P.C. (notification declined or already on case) (Aboulafia, Matthew) |
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Filing 6
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on April 21, 2022 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By April 15, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendant's counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/7/2022. (O'Neil-Berven, Ryan)
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| Filing 5 NOTICE of Appearance by Catalina Esther De La Hoz Miranda on behalf of State Farm Fire And Casualty Company (aty to be noticed) (De La Hoz Miranda, Catalina) |
| Filing 4 NOTICE of Appearance by Michael A. Troisi on behalf of State Farm Fire And Casualty Company (aty to be noticed) (Troisi, Michael) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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 1 NOTICE OF REMOVAL by State Farm Fire And Casualty Company from Supreme Court of the State of New York County of Queens, case number 700388/2022. ( Filing fee $ 402 receipt number ANYEDC-15260480) (Attachments: #1 Exhibit A: State Court Papers, #2 Civil Cover Sheet) (Bholan, Michelle) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Peggy Kuo. 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) |
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