Government Employees Insurance Company et al v. Top Choice Pharmacy Corp. et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Top Choice Pharmacy Corp., Petr Fakhlayev, Georgiy Davidov and David Davidov |
| 1:2022cv02875 |
| May 17, 2022 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Taryn A Merkl |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Defendant |
Docket Report
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| Filing 20 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 19 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) |
Minute Entry and Order: A telephonic Initial Conference was held on 7/11/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Priscilla Kam and Margaret Iocco for Plaintiffs; Robert Hewitt for Defendants. The parties represented that they have already completed their Rule 26(f) conference. The parties' proposed discovery schedule is adopted, in part, as follows. The parties shall exchange initial disclosures by 7/12/2022. The parties are directed to submit a proposed confidentiality order by 7/25/2022. First requests for production of documents and interrogatories are due by 8/1/2022. Phase I discovery shall be completed by 10/14/2022. The deadline to join new parties or amend the pleadings as of right is 11/16/2022. Fact discovery shall be completed by 6/12/2023. The deadline to file a status report on ECF certifying the close of fact discovery is 6/19/2023. Expert disclosures shall be exchanged by 7/12/2023. Expert depositions shall be completed by 8/14/2023. Rebuttal expert reports shall be exchanged by 8/31/2023. All discovery shall be completed by 9/15/2023. The parties are directed to submit a joint status report certifying the close of all discovery by 9/22/2023. The deadline to initiate any dispositive motions is 10/24/2023, and should be done in accordance with the Individual Rules of the assigned District Judge. The parties are directed to submit a joint status report by 11/16/2022 indicating their progress as to settlement, and whether the parties would like a referral to the EDNY Mediation Program, or a settlement conference before the Court. Ordered by Magistrate Judge Taryn A. Merkl on 7/11/2022. (AT&T Log #2:01-2:20.) (Devanathan, Deepa)
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| Filing 18 Proposed Scheduling Order Proposed Case Management Worksheet in Preparation for Initial Conference by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Pontrello, Vincent) |
| Filing 17 Corporate Disclosure Statement by David Davidov, Georgiy Davidov, Petr Fakhlayev, Top Choice Pharmacy Corp. (Conroy, Matthew) |
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Filing 16
SCHEDULING ORDER: A telephonic Initial Conference will be held on 7/11/2022 at 2:00 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 7/5/2022. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 6/13/2022. (Chan, Kaity)
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| Filing 15 ANSWER to #1 Complaint,,, by David Davidov, Georgiy Davidov, Petr Fakhlayev, Top Choice Pharmacy Corp.. (Hewitt, Robert) |
| Filing 14 NOTICE of Appearance by Robert E. B. Hewitt, III on behalf of David Davidov, Petr Fakhlayev (aty to be noticed) (Hewitt, Robert) |
| Filing 13 NOTICE of Appearance by Matthew J. Conroy on behalf of David Davidov, Petr Fakhlayev (aty to be noticed) (Conroy, Matthew) |
| Filing 12 SUMMONS Returned Executed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. Georgiy Davidov served on 6/7/2022, answer due 6/28/2022. (Sirignano, Michael) |
| Filing 11 NOTICE of Appearance by Robert E. B. Hewitt, III on behalf of Georgiy Davidov, Top Choice Pharmacy Corp. (aty to be noticed) (Hewitt, Robert) |
| Filing 10 NOTICE of Appearance by Matthew J. Conroy on behalf of Georgiy Davidov, Top Choice Pharmacy Corp. (aty to be noticed) (Conroy, Matthew) |
| Filing 9 SUMMONS Returned Executed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. Petr Fakhlayev served on 5/25/2022, answer due 6/15/2022. (Sirignano, Michael) |
| Filing 8 SUMMONS Returned Executed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. David Davidov served on 5/25/2022, answer due 6/15/2022. (Sirignano, Michael) |
| Filing 7 SUMMONS Returned Executed by Government Employees Insurance Company, GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company. Top Choice Pharmacy Corp. served on 5/23/2022, answer due 6/13/2022. (Sirignano, Michael) |
| Filing 6 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 5 NOTICE of Appearance by Priscilla DeLing Kam on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Kam, Priscilla) |
| Filing 4 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 3 Summons Issued as to David Davidov, Georgiy Davidov, Petr Fakhlayev, Top Choice Pharmacy Corp.. (Davis, Kimberly) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Taryn A. Merkl. 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 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 David Davidov, Georgiy Davidov, Petr Fakhlayev, Top Choice Pharmacy Corp. filing fee $ 402, receipt number ANYEDC-15572678 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, #4 Exhibit 2 - Samples of the Fraudulent Prescription Forms used by the Defendants to steer Prescribing Providers and Clinic Controllers to direct prescriptions to Top Choice, #5 Exhibit 3 - Samples of the Fraudulent Prescription Forms used by Top Choice and Atlas Pharmacy for the same patients) (Sirignano, Michael) |
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