Rowe Plastic Surgery of New Jersey, LLC et al v. Aetna Health and Life Insurance Company
| Rowe Plastic Surgery of New Jersey, LLC and Norman Maurice Rowe, M.D., M.H.A., L.L.C. |
| Aetna Health and Life Insurance Company |
| 1:2022cv05823 |
| September 29, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Taryn A Merkl |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 8 NOTICE of Appearance by Robert J Norcia on behalf of Aetna Health and Life Insurance Company (aty to be noticed) (Norcia, Robert) |
| Filing 7 NOTICE of Appearance by Michael David Nathan, I on behalf of Rowe Plastic Surgery of New Jersey, LLC, Norman Maurice Rowe, M.D., M.H.A., L.L.C. (aty to be noticed) (Nathan, Michael) |
Minute Entry and Order: A telephonic Initial Conference was held on 11/9/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Michael Nathan for Plaintiffs; and Robert Norcia for Defendant. The parties confirmed that they have held their Rule 26(f) conference and that initial disclosures have been exchanged. As stated on the record, the parties' discovery plan is adopted, in part, as follows. First requests for documents and interrogatories shall be exchanged by 11/28/2022. The parties' proposed confidentiality order shall be filed on ECF by 11/30/2022. Phase I discovery shall be completed by 1/9/2023. The deadline for joining additional parties and amending the pleadings as of right is 2/6/2023. Fact discovery shall be completed on or before 3/15/2023. The parties are directed to file a joint status report certifying the close of fact discovery by 3/20/2023. Exchange of expert disclosures shall be completed by 4/14/2023. Expert depositions shall be completed by 5/15/2023. Exchange of rebuttal expert reports shall be completed by 5/30/2023. All expert discovery shall be completed by 6/30/2023, and certification of the completion of all discovery shall be filed on ECF by 7/7/2023. The last date to take the first step in dispositive motion practice is 8/7/2023, and should be done in accordance with the Individual Rules of the assigned District Judge. The parties are directed to file a joint status report by 1/20/2023, including an update as to their progress on discovery, any settlement discussions and whether the case should be referred for mediation or a settlement conference before the Court. In the event the parties would like to be referred to mediation or a settlement conference before the Court prior to the 1/20/2023 Status Report, they may submit a letter motion via ECFat any time. Ordered by Magistrate Judge Taryn A. Merkl on 11/9/2022. (AT&T Log #11:00-11:14) (JF)
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| Filing 6 CASE MANAGEMENT STATEMENT (Petitt, Adam) |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Conference will be held on 11/9/2022 at 11:00 a.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 10/27/2022. 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 10/11/2022. (KC)
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| Filing 4 ANSWER to Complaint by Aetna Health and Life Insurance Company. (Petitt, Adam) |
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ORDER. In removal actions, Federal Rule of Civil Procedure 81(c)(2) requires the defendant to file an answer 21 days after service of the initial pleading or 7 days after the notice of removal was filed, whichever is longer. Defendants filed their notice of removal in this case on 9/29/2022, but have not yet answered or otherwise responded to the Complaint, which was originally filed in state court on 8/29/2022. Defendants are hereby directed to file an answer or otherwise respond to the Complaint in this case on or before 10/6/2022. Ordered by Magistrate Judge Taryn A. Merkl on 9/30/2022. (Fielding, Jacqueline)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Aetna Health and Life Insurance Company from Supreme Court of NY, case number 717970/2022. ( Filing fee $ 402 receipt number ANYEDC-15988540) (Attachments: #1 Removal Action Complaint Exhibit 1 - Plaintiff's Complaint, #2 Affidavit of Service Exhibit 2 - Plaintiff's Affidavit of Service, #3 Exhibit Exhibit 3 - Notice of Filing of Notice of Removal, #4 Civil Cover Sheet Civil Cover Sheet) (Petitt, Adam) |
| Case Assigned to Judge Frederic Block 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. (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) |
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