Government Employees Insurance Company et al v. Susan J. Polino PhD. et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Susan J. Polino PhD. (A Sole Proprietorship), Susan J Polino, David Catacora, Marie Colette Leon, Samerra Welsh, Orleida Matos, Sheryl Louis and John Doe Defendants "1" through "10" |
| 1:2022cv05178 |
| August 30, 2022 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Vera M Scanlon |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 28 AFFIDAVIT of Service for Copy of Judge Vera M. Scanlon Order dated October 25, 2022, a copy of the attachment ( Notice to Defendant), and copy of the full docket served on Marie Colette Leon, Samerra Welsh and Orleida Matos on 10/26/22, filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Levy, Barry) |
Filing 27
ORDER. Although Defendants Marie Colette Leon, Samerra Welsh, and Orleida Matos ("non-appearing Defendants") have not appeared in this case, they may participate in the 12/8/2022 conference at 11:00 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. Plaintiffs' lawsuit against non-appearing Defendants asks for, inter alia, monetary relief based on allegedly fraudulent insurance practices. Plaintiffs have represented that they have served non-appearing Defendants with the complaint, which is the document that states Plaintiffs' claims against non-appearing Defendants. See ECF No. 1. Because non-appearing Defendants have not responded to this lawsuit by answering the complaint or moving to dismiss it, the Court may award damages against non-appearing Defendants and in favor of Plaintiffs for thousands of dollars, for which non-appearing Defendants would be liable. If non-appearing Defendants do not participate in the lawsuit now, they would likely waive their right to raise factual or legal defenses that they may have to Plaintiffs' claims. On or before 11/15/2022, if non-appearing Defendants would each like to inform the Court and Plaintiffs of their views, including as to whether non-appearing Defendants each received notice about the lawsuit prior to this notice, or what non-appearing Defendants' factual and legal objections to Plaintiffs' claims are, non-appearing Defendants may each send a letter or statement to the Court and to Plaintiffs' counsel. See attached document for the Court's mailing information. By 11/1/2022, Plaintiffs must file proof of service on ECF of this Order, its attachment and the full docket upon Marie Colette Leon, Samerra Welsh, and Orleida Matos. The Court has mailed a copy of this Order, its attachment, the complaint and the docket sheet to Marie Colette Leon, 200-16 120th Avenue, Saint Albans, NY 11412; Samerra Welsh, 1849 White Plains Road, Ground Floor Apartment, Bronx, NY 10462; Orleida Matos, 1133 Warburton Avenue, Apartment # 802S, Yonkers, NY 10701; and David Catacora, 44-18 28th Avenue, Apt. 1F, Astoria, NY 11103. c/m.The Court notes Plaintiffs have not filed a return of summons for Sheryl Louis.Ordered by Magistrate Judge Vera M. Scanlon on 10/25/2022. (JR)
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The request at #22 is granted. Defendant Polino's answer is due 10/31/2022. In light of Defendant Polino's anticipated appearance, the 1/5/2023 conference is advanced to 12/8/2022 at 11:00 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 recording and rebroadcasting of court proceedings. The parties must complete the Joint Proposed Case Management Plan (CMP) at #8 and file it on ECF no later than 11/22/2022. In the event that any Defendants have not answered or otherwise appeared, Plaintiffs must also mail a copy of this Order, the attachment at #8 and the full docket to the last known mailing addresses for such Defendants and file proof on ECF by the CMP filing date. The Court has mailed a copy of this Order, the attachment at #8 and the full docket to David Catacora, 44-18 28th Avenue, Apt. 1F, Astoria, NY 11103. c/m. Ordered by Magistrate Judge Vera M. Scanlon on 10/21/2022. (JR)
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| Filing 26 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Susan J. Polino PhD. (A Sole Proprietorship) served on 9/7/2022, answer due 9/28/2022. (Levy, Barry) |
| Filing 25 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Susan J Polino served on 9/7/2022, answer due 9/28/2022. (Levy, Barry) |
| NOTICE re #20 Request for Certificate of Default --- Brenna B. Mahoney is the Clerk of Court for the Eastern District of New York as of February 1, 2022. Please correct the proposed certificate of default and refile. (JP) |
| Filing 24 NOTICE of Appearance by Ruya Carton on behalf of Susan J Polino, Susan J. Polino PhD. (A Sole Proprietorship) (aty to be noticed) (Carton, Ruya) |
| Filing 23 NOTICE of Appearance by Colleen O'Neil on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (O'Neil, Colleen) |
| Filing 22 Amended MOTION for Extension of Time to File Answer re #1 Complaint,,, by Susan J Polino, Susan J. Polino PhD. (A Sole Proprietorship). (Eisenberg, Lloyd) |
| Filing 21 NOTICE of Appearance by Lloyd M. Eisenberg on behalf of Susan J Polino, Susan J. Polino PhD. (A Sole Proprietorship) (aty to be noticed) (Eisenberg, Lloyd) |
| Filing 20 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 against Defendant Samerra Welsh, #2 Exhibit A-Certificate of Manpower/Military) (Vanunu, Michael) |
| Filing 19 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Orleida Matos has failed to appear or otherwise defend this action, the default of defendant Orleida Matos is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 18 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Marie Colette Leon has failed to appear or otherwise defend this action, the default of defendant Marie Colette Leon is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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Filing 17
ORDER granting #16 Stipulation. Ordered by Judge Carol Bagley Amon on 10/3/2022. (Niu, Jin)
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| Filing 16 Letter MOTION to Stay Request to So Order Stipulation and Order to Stay and Enjoin Underlying Collection Proceedings and Extend the Polino Defendants' Time to Answer, Move, or Otherwise Respond to GEICO's Complaint by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Attachments: #1 Stipulation - Request to So-Order) (Levy, Barry) |
| Filing 15 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 against Defendant Marie Colette Leon, #2 Exhibit A-Certificate of Manpower/Military) (Vanunu, Michael) |
| Filing 14 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 against Defendant Orleida Matos, #2 Exhibit A - Certificate of Manpower) (Vanunu, Michael) |
| Filing 13 ANSWER to #1 Complaint. by David Catacora. (Fernandez, Erica) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Samerra Welsh served on 9/17/2022, answer due 10/8/2022. (Levy, Barry) |
| Filing 11 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Marie Colette Leon served on 9/8/2022, answer due 9/29/2022. (Levy, Barry) |
| Filing 10 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Orleida Matos served on 9/2/2022, answer due 9/23/2022. (Levy, Barry) |
| Filing 9 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. David Catacora served on 9/2/2022, answer due 9/23/2022. (Levy, Barry) |
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Filing 8
ORDER A Telephonic Initial Conference is scheduled for 1/5/2023 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 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 12/20/2022. 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 9/2/2022. (Lozar, Ryan)
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| 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 Summons Issued as to David Catacora, Marie Colette Leon, Sheryl Louis, Orleida Matos, Susan J Polino, Susan J. Polino PhD. (A Sole Proprietorship), Samerra Welsh. (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) |
| Case Assigned to Judge Carol Bagley Amon 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 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 David Catacora, John Doe Defendants "1" through "10", Marie Colette Leon, Sheryl Louis, Orleida Matos, Susan J Polino, Susan J. Polino PhD. (A Sole Proprietorship), Samerra Welsh filing fee $ 402, receipt number ANYEDC-15892856 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, #4 Exhibit 2 - Representative Sample of the Defendants diagnostic interview examination reports containing this identical, boilerplate language, #5 Exhibit 3 - Representative Sample of the Defendants fraudulent reports containing the identical, boilerplate language) (Levy, Barry) |
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