Government Employees Insurance Company et al v. Health Choice Pharmacy, Inc. et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Health Choice Pharmacy, Inc., Affinity RX, Inc. doing business as Affinity Pharmacy and Albert Yakubov |
| 1:2022cv02867 |
| May 17, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Kiyo A Matsumoto |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Defendant |
Docket Report
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| Document Text |
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| Filing 16 Defendants' ANSWER to #1 Complaint,,, with Affirmative Defenses and Jury Demand by Affinity RX, Inc., Health Choice Pharmacy, Inc., Albert Yakubov. (Mead, Wesley) |
| Filing 15 NOTICE of Appearance by Margaret Iocco on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (notification declined or already on case) (Iocco, Margaret) |
| Filing 14 NOTICE of Appearance by Margaret Iocco on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Iocco, Margaret) |
ORDER granting #13 Motion for Extension of Time to File Answer. Defendants Health Choice Pharmacy ("Health Choice") and Affinity RX, Inc.'s ("Affinity") deadline to answer or otherwise respond to the Complaint was 06/13/2022. (See ECF Nos. #9 , #10 .) Defendant Albert Yakubov's deadline to answer or otherwise respond to the Complaint was 06/21/2022. (ECF No. #11 .) No Defendants have answered the Complaint but all Defendants request an extension of their deadline to answer to 07/13/2022. The Court has considered the motion and under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that Defendants have demonstrated "good cause" as to why it should be permitted to respond to the Complaint after the deadline and why any default should be vacated. See Fed. R. Civ. P. 55(c); see also John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default."); Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). In light of Plaintiffs' stipulation and the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendants' deadline to answer or otherwise respond to the Complaint is 07/13/2022. So Ordered by Magistrate Judge Marcia M. Henry on 06/30/2022. (Gans, Courtney)
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| Filing 13 Joint MOTION for Extension of Time to File Answer re #1 Complaint,,, Stipulation extending Defendants Health Choice Pharmacy, Inc., Affinity Rx, Inc. d/b/a Affinity Pharmacy, and Albert Yakubov's time to answer to complaint by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Abreu, Jennifer) |
| Filing 12 NOTICE of Appearance by Wesley Robert Mead on behalf of Affinity RX, Inc., Health Choice Pharmacy, Inc., Albert Yakubov (aty to be noticed) (Mead, Wesley) |
| Filing 11 SUMMONS Returned Executed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. Albert Yakubov served on 5/31/2022, answer due 6/21/2022. (Sirignano, Michael) |
| Filing 10 SUMMONS Returned Executed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. Health Choice Pharmacy, Inc. served on 5/23/2022, answer due 6/13/2022. (Sirignano, Michael) |
| Filing 9 SUMMONS Returned Executed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. Affinity RX, Inc. served on 5/23/2022, answer due 6/13/2022. (Sirignano, Michael) |
| Filing 8 NOTICE of Appearance by Vincent Pontrello on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Pontrello, Vincent) |
| Filing 7 NOTICE of Appearance by Jennifer Abreu on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Abreu, Jennifer) |
| Filing 6 NOTICE of Appearance by Barry I. Levy on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Levy, Barry) |
| Filing 5 Summons Issued as to Affinity RX, Inc., Health Choice Pharmacy, Inc., Albert Yakubov. (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) |
| Filing 2 Corporate Disclosure Statement by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company identifying Corporate Parent GEICO Corporation, Other Affiliate Berkshire Hathaway, Inc. for GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Sirignano, Michael) |
| Filing 1 COMPLAINT against Affinity RX, Inc., Health Choice Pharmacy, Inc., Albert Yakubov filing fee $ 402, receipt number ANYEDC-15571262 Was the Disclosure Statement on Civil Cover Sheet completed - NO,, filed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider, #3 Exhibit 1 - Representative Sample of Fraudulent Claims Identified to Date - Health Choice Pharmacy, Inc., #4 Exhibit 2 - Representative Sample of Fraudulent Claims Identified to Date - Affinity RX, Inc. d/b/a Affinity Pharmacy, #5 Exhibit 3 - Sample of the prescriptions issued by the Prescribing Providers using preset labels or rubber stamps, #6 Exhibit 4 - Sample of the prescriptions purportedly issued by the Prescribing Providers using the Fraudulent Prescription Forms, #7 Exhibit 5 - Copies of the original and altered prescriptions) (Sirignano, Michael) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Marcia M. Henry. 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) |
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