Rowe Plastic Surgery of Long Island, P.C., et al v. Aetna Health and Life Insurance Company
| Norman Maurice Rowe, M.D., M.H.A., L.L.C., MHA, LLC, East Coast Plastic Surgery, PC and Rowe Plastic Surgery of Long Island, P.C. |
| Aetna Health and Life Insurance Company |
| 1:2022cv03328 |
| June 6, 2022 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Vera M Scanlon |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Filing 11 AMENDED NOTICE OF REMOVAL by Aetna Health and Life Insurance Company re Order on Motion to Amend/Correct/Supplement, Amended Notice of Removal (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Norcia, Robert) Modified descriptive text on 8/2/2022 (Lee, Tiffeny). |
| Filing 10 NOTICE of Appearance by Robert J Norcia on behalf of Aetna Health and Life Insurance Company (aty to be noticed) (Norcia, Robert) |
ORDER granting #9 consent motion for leave to amend the notice of removal and the case caption for the reasons stated in the submission. On or before 7/29/2022, Defendant will file the Amended Notice of Removal. The Clerk's Office is respectfully requested to remove Norman Maurice Rowe, MD, MHA, LLC, as Plaintiff and add Rowe Plastic Surgery of Long Island, P.C., as Plaintiff in its place. Ordered by Magistrate Judge Vera M. Scanlon on 7/26/2022. (Lozar, Ryan)
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ORDER denying #6 MOTION for pre motion conference and granting leave to amend: In their July 18, 2022 response to Defendant's motion for pre motion conference, Plaintiffs request leave to amend the Complaint in this action. See ECF No. 8 at 1, 3. The Court has determined that leave to amend is appropriate here, where the record does not reflect any undue delay, bad faith by Plaintiffs, that amendment at this stage will result in undue prejudice to Defendant, or that amendment would be futile. See Fed. R. Civ. P. 15(a)(2) (providing that "[t]he court should freely give leave [to amend] when justice so requires"); Adlife Mktg. & Commcns Co. v. Best Yet Mkt., Inc., No. 17-CV-02978, 2018 WL 4568801, at *1 (E.D.N.Y. Sept. 24, 2018) ("Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the non-moving parties, the district court should grant leave to amend."). Plaintiffs shall file their amended complaint on or before August 25, 2022, in accordance with the undersigned's Individual Practice Rules. See Individual Practice Rule I.E. Defendant's #6 MOTION for pre motion conference is denied without prejudice to Defendant renewing its request after that deadline. Ordered by Judge Diane Gujarati on 7/25/2022. (Almonte, Kelly)
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| Filing 9 MOTION to Amend/Correct/Supplement #1 Notice of Removal, by Aetna Health and Life Insurance Company. (Attachments: #1 Exhibit 1 - Redline of Notice of Removal) (Petitt, Adam) |
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RESCHEDULING ORDER: In light of the request for a pre-motion conference on a proposed motion to dismiss, the 9/8/2022 Telephonic Initial Conference is rescheduled for 10/27/2022 at 11:30 AM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. The parties may have through and including 10/11/2022 to file their Joint Proposed Case Management Plan. See ECF No. #5 . Ordered by Magistrate Judge Vera M. Scanlon on 7/19/2022. (Scully, Nicole)
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| Filing 8 RESPONSE to Motion re #6 Letter MOTION for pre motion conference filed by All Plaintiffs. (Kearns, Brendan) |
| Filing 7 NOTICE of Appearance by Brendan J Kearns on behalf of All Plaintiffs (aty to be noticed) (Kearns, Brendan) |
| Filing 6 Letter MOTION for pre motion conference by Aetna Health and Life Insurance Company. (Petitt, Adam) |
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Filing 5
ORDER: A Telephonic Initial Conference is scheduled for 9/8/2022 at 10:30 AM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 8/25/2022. In the event that any Defendant(s) has not answered or otherwise appeared, Plaintiff(s) must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant(s) and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 6/8/2022. (Dessources, Jose)
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ORDER granting #4 Consent Motion for Extension of Time for Defendant to Answer or Otherwise Respond through and including 7/13/2022. Ordered by Magistrate Judge Vera M. Scanlon on 6/8/2022. (Lozar, Ryan)
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ORDER REASSIGNING CASE. Case reassigned to Judge Diane Gujarati for all further proceedings. Judge Allyne R. Ross no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 6/8/2022. (Davis, Kimberly)
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| Filing 4 Consent MOTION for Extension of Time to File Response/Reply to Complaint by Aetna Health and Life Insurance Company. (Petitt, Adam) |
| 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) |
| 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. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Case Assigned to Judge Allyne R. Ross 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Aetna Health and Life Insurance Company from SUPREME COURT OF QUEENS COUNTY, case number 709801/2022. ( Filing fee $ 402 receipt number ANYEDC-15632727) (Attachments: #1 Removal Action Complaint EXHIBIT 1, #2 Affidavit of Service EXHIBIT 2, #3 Notice of Motion EXHIBIT 3, #4 Civil Cover Sheet CIVIL COVER SHEET) (Petitt, Adam) |
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