Government Employees Insurance Company et al v. Kenworthy et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Eric Kenworthy, MD, Eric Kenworthy MD (A Sole Proprietorship), Eric Kenworthy (A Sole Proprietorship), Yana Mironovich, New York Billing & Processing Corp., John Doe Defendants "1" through "10", Eric Kenworthy and John Doe Defendants 1-10 |
| 1:2022cv03728 |
| June 23, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| LaShann DeArcy Hall |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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ORDER: Defendants Eric Kenworthy, M.D., Eric Kenworthy (A Sole Proprietorship), and Eric Kenworthy MD (A Sole Proprietorship) (the "Kenworthy Defendants") seek to extend the time to answer, move, or otherwise respond to the Complaint by stipulating to an extension #16 with Plaintiffs. An answer from Eric Kenworthy (A Sole Proprietorship) and Eric Kenworthy MD (A Sole Proprietorship) was due on 7/20/2022. (Summons Returned Executed dated July 1, 2022, Dkt. No. 10; Summons Returned Executed dated July 1, 2022, Dkt. No. 11). (There is no separate executed summons for Eric Kenworthy, M.D. on the docket). The Kenworthy Defendants sought to extend the time to answer after the time to do so had passed, and did not file a motion that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See 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.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). However, the Court finds there is little prejudice in granting the motion, and the other Enron Oil standards are satisfied, since Plaintiffs have consented to the stipulation. The stipulation #16 is so ordered to the extent it grants the Kenworthy Defendants an extension of time to answer, move or otherwise respond to the Complaint in this action to 8/20/2022. The answer #21 filed by the Kenworthy Defendants on 8/12/2021 is deemed the operative answer in this action. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/16/2022. (Morrow, Emily)
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| Filing 21 ANSWER to #1 Complaint,, by Eric Kenworthy, Eric Kenworthy, MD, Eric Kenworthy, MD(a Sole Proprietorship). (Hewitt, Robert) |
| Filing 20 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant New York Billing & Processing Corp. has failed to appear or otherwise defend this action, the default of defendant New York Billing & Processing Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 19 Request for Certificate of Default by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Attachments: #1 Affidavit in Support of Certificate of Default for New York Billing & Processing Corp.) (Levy, Barry) |
| Filing 18 ANSWER to #1 Complaint,, by Yana Mironovich. (Froccaro, James) |
| Filing 17 NOTICE of Appearance by James R. Froccaro on behalf of Yana Mironovich (aty to be noticed) (Froccaro, James) |
| Filing 16 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, Letter to Judge DeArchy Hall re: Stipulation and Order to Extend Defendants' Time to Answer and to Stay and Enjoin Underlying Collection Proceedings by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Attachments: #1 Proposed Order Stipulation and Order to Extend Defendants' Time to Answer and to Stay and Enjoin Underlying Collection Proceedings) (Vanunu, Michael) |
| Filing 15 NOTICE of Appearance by Robert E. B. Hewitt, III on behalf of Eric Kenworthy, Eric Kenworthy, MD, Eric Kenworthy, MD(a Sole Proprietorship) (aty to be noticed) (Hewitt, Robert) |
| Filing 14 NOTICE of Appearance by Matthew J. Conroy on behalf of Eric Kenworthy, Eric Kenworthy, MD, Eric Kenworthy, MD(a Sole Proprietorship) (aty to be noticed) (Conroy, Matthew) |
| Filing 13 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. (Levy, Barry) |
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Filing 12
SCHEDULING ORDER: A telephonic initial conference will be held at 10:30 A.M. on 10/14/2022 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 10/12/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/8/2022. (Manson, Eddie)
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| Filing 11 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Eric Kenworthy, MD served on 6/29/2022, answer due 7/20/2022. (Levy, Barry) |
| Filing 10 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Eric Kenworthy served on 6/29/2022, answer due 7/20/2022. (Levy, Barry) |
| Filing 9 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. New York Billing & Processing Corp. served on 7/1/2022, answer due 7/22/2022. (Levy, Barry) |
| Filing 8 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Yana Mironovich served on 6/29/2022, answer due 7/20/2022. (Levy, Barry) |
| Filing 7 NOTICE of Appearance by Allison Nicole Stapleton on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Stapleton, Allison) |
| Filing 6 NOTICE of Appearance by Michael Vanunu on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Vanunu, Michael) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to Eric Kenworthy, Eric Kenworthy, MD, Yana Mironovich, New York Billing & Processing Corp.. (Bowens, Priscilla) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Sanket J. Bulsara. 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) |
| 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. (Levy, Barry) |
| Filing 1 COMPLAINT against Eric Kenworthy (A Sole Proprietorship), Eric Kenworthy MD (A Sole Proprietorship), John Doe Defendants "1" through "10", Eric Kenworthy, MD, Yana Mironovich, New York Billing & Processing Corp. filing fee $ 402, receipt number ANYEDC-15687705 Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider, #3 Exhibit 1 - Representative Sample of Fraudulent Claims Identified to Date) (Levy, Barry) |
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