Norman Maurice Rowe, MD, MHA, L.L.C. et al v. Oxford Health Insurance Co., Inc. et al
| Norman Maurice Rowe, MD, MHA, L.L.C. and East Coast Plastic Surgery, P.C. |
| Oxford Health Insurance Co., Inc., Oxford Health Insurance, Inc., Oxford Health Plans (NJ), Inc., Oxford Health Plans(NY), Inc. and Oxford Health Plans LLC |
| 1:2022cv03781 |
| June 27, 2022 |
| US District Court for the Eastern District of New York |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 8/15/2022. Appearances: Brendan Kearns, Esq. for Plaintiffs; Matthew Mazzola, Esq. for Defendants. The court held a pre-motion conference in Courtroom 6C South regarding Defendants' proposed motion to dismiss, with the parties appearing by telephone. Rather than proceed to motion practice at this time, Plaintiffs shall file an amended complaint by September 6, 2022. By September 13, 2022, Defendants shall advise the court whether they intend to move to dismiss the amended complaint. The court also encouraged the parties to discuss settlement, and to request a settlement conference with Magistrate Judge Mann if they believe such a conference would be productive. (Court Reporter Sophie Nolan) (Duhaime, Daniel) |
| Filing 9 Letter in Response to Defendants' Request for a Pre-Motion Conference by East Coast Plastic Surgery, P.C., Norman Maurice Rowe, MD, MHA, L.L.C. (Kearns, Brendan) |
| Filing 8 NOTICE of Appearance by Brendan J Kearns on behalf of All Plaintiffs (aty to be noticed) (Kearns, Brendan) |
ORDER granting #7 Motion for Pre Motion Conference. The parties shall appear by telephone for a pre-motion conference on August 15, 2022 at 12:00 PM. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Plaintiffs may respond to Defendants' #7 letter requesting a pre-motion conference by July 29, 2022. Ordered by Judge Kiyo A. Matsumoto on 7/26/2022. (Duhaime, Daniel)
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| Filing 7 Letter MOTION for pre motion conference in connection with Defendants' anticipated Motion to Dismiss the Complaint by Oxford Health Insurance Co., Inc., Oxford Health Insurance, Inc., Oxford Health Plans (NJ), Inc., Oxford Health Plans LLC, Oxford Health Plans(NY), Inc.. (Attachments: #1 Exhibit A-July 11, 2022 NYS Supreme Court Decision and Order, #2 Exhibit B-July 21, 2022 NYS Supreme Court Decision and Order) (Mazzola, Matthew) |
| Filing 6 NOTICE Designating Case To Arbitration.This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7. The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed. (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
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ORDER granting #5 Motion for Extension of Time to File Answer. Although plaintiffs' counsel reportedly advised the movant that he "does not have authority to consent to any extensions" (DE #5), he has not responded to an inquiry from the Court's staff as to whether plaintiff affirmatively objects to the requested extension of less than three weeks. Given the reasonableness of the request, and the absence of any apparent prejudice to plaintiffs, the motion is granted. Defendants' answer is now due on July 25, 2022. Ordered by Magistrate Judge Roanne L. Mann on 7/1/2022. (Ertzbischoff, Natasha)
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| Filing 5 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal,, Request for an Extension of Time to Respond to the Complaint by Oxford Health Insurance Co., Inc., Oxford Health Insurance, Inc., Oxford Health Plans (NJ), Inc., Oxford Health Plans LLC, Oxford Health Plans(NY), Inc.. (Mazzola, Matthew) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (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) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Roanne L. Mann. 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 CERTIFICATE OF SERVICE by Oxford Health Insurance Co., Inc., Oxford Health Insurance, Inc., Oxford Health Plans (NJ), Inc., Oxford Health Plans LLC, Oxford Health Plans(NY), Inc. re #1 Notice of Removal,, (Mazzola, Matthew) |
| Filing 1 NOTICE OF REMOVAL by Oxford Health Insurance Co., Inc., Oxford Health Insurance, Inc., Oxford Health Plans (NJ), Inc., Oxford Health Plans LLC, Oxford Health Plans(NY), Inc. from Supreme Court of the State of New York, County of Queens, case number Index No. 709797/2022. ( Filing fee $ 402 receipt number ANYEDC-15696498) (Attachments: #1 Exhibit A-Summons and Complaint, #2 Exhibit B-Acknowledgement of Service, #3 Exhibit C-State Court Filings, #4 Exhibit D-Public Records Filing, #5 Exhibit E-Articles of Organization, #6 Exhibit F-Report of Residence, #7 Exhibit G-Plan Documents, #8 Exhibit H-January 26, 2018 Letter, #9 Civil Cover Sheet) (Mazzola, Matthew) |
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