Government Employees Insurance Company et al v. Michael Zwirblia Psy.D. et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Michael Zwirblia Psy.D. (A Sole Proprietorship), Michael Zwirblia, Stephen Danyko (A Sole Proprietorship), Stephen Danyko, Prestige Billing and Collection Services, Inc., Yanna Volkov, Svetlana Barskaya, Felix Elinson, John Doe Defendants 1 through 10 and ECNYC CO., L.L.C. |
| 1:2023cv00110 |
| January 6, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Ramon E Reyes |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
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| Filing 28 ANSWER to #1 Complaint,,,,, by Stephen Danyko. (Morrison, Ross) |
ORDER: The Court is in receipt of the #26 Request for a Pre-Motion Conference, and the #27 Stipulation. The Court addresses those in turn. First, as to the #26 pre-motion conference Request, Defendant ECNYC Co., L.L.C., had until 02/28 /2023 to respond. See Judge Chen's Individual Rules, Rule 3(A) ("[A]ll parties [] served [with a pre-motion conference letter] shall serve and file a letter [in] response... within seven (7) days from service of the notification letter."). As this is the first request for a pre-motion conference in this matter, the Court sua sponte extends that deadline to 03/09/23. If Defendant fails to respond by that date, the Court will deem the pre-motion conference request to be unopposed. Second, as to the stipulation, the Court notes that the #27 Stipulation seeks the issuance of an injunction, seemingly prohibiting third-parties from proceeding with allegedly fraudulent lawsuits against Plaintiff. It is well-established that "[p]arties to an action may not by stipulation affect third parties' rights or the rights of those not party to the stipulation." 73 Am. Jur. 2d Stipulations 8. Further, "the Anti-Injunction Act precludes federal courts from enjoining state proceedings 'except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.'" Montesa v. Schwartz, No. 12-CV-6057 (CS), 2015 WL 13173165, at *1 (S.D.N.Y. Sept. 22, 2015); see also 28 U.S.C. 2283. "The authority of a United States court to issue an injunction 'to protect its judgments' from further litigation in state courts is known as the 'relitigation exception' to the broad prohibition of the Anti-Injunction Act." Smith v. Woosley, 399 F.3d 428, 431 (2d Cir. 2005) (cleaned up); Chick Kam Choo v. Exxon Corp., 486 U.S. 140, 147 (1988) ("Due in no small part to the fundamental constitutional independence of the States, Congress adopted a general policy under which state proceedings should normally be allowed to continue unimpaired by intervention of the lower federal courts, with relief from error, if any, through the state appellate courts and ultimately [the Supreme Court.]") (cleaned up)). In short, while Plaintiff and Stephen Danyk may wish state-court proceedings to stop, the Court denies that request absent concrete evidence in the form of affidavits and a list of pending cases, that would prove that the lawsuits are indeed fraudulent. Plaintiff and Danyk shall file these materials by March 30, 2023, along with a joint brief, not to exceed 15 pages in length, detailing the relevant case-law in the Second Circuit regarding the Court's authority to enjoin state-court lawsuits brought by unrelated third-parties. Ordered by Judge Pamela K. Chen on 3/2/2023. (YB)
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| Filing 27 STIPULATION Request to So Order Stipulation and Order to (i) stays all pending collection lawsuits and arbitrations against GEICO and (ii) enjoins the filing of new lawsuits and/or arbitrations against GEICO regarding Defendant Danyko by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Attachments: #1 Stipulation and Order to Stay and Enjoin Underlying Collection Proceedings) (Levy, Barry) |
| Filing 26 Letter MOTION for pre motion conference in accordance with Rule 3.A. of Your Honors individual rules by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Levy, Barry) |
| Filing 25 STIPULATION re #1 Complaint,,,,, #11 Summons Returned Executed Stipulation Extending the Time for Defendant Felix Elinson to Answer, Move or Otherwise Respond to the Plaintiffs' Complaint to and including March 10, 2023 by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Nash, Philip) |
| Filing 24 NOTICE of Appearance by Raymond Joseph Zuppa on behalf of Felix Elinson (aty to be noticed) (Zuppa, Raymond) |
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Filing 23
ORDER. The Court grants #21 Motion to Stay and Enjoin Underlying Collection Proceedings and to Extend Zwirblia Defendants time to Answer, Move or Otherwise Respond to Plaintiffs' Complaint. Zwirblia Defendants directed to answer, move or otherwise respond to the Plaintiffs' Complaint by 3/10/2023. So Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 2/10/2023. (BR)
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| Filing 22 NOTICE of Appearance by Douglas M. Nadjari on behalf of Michael Zwirblia Psy.D. (A Sole Proprietorship), Michael Zwirblia (aty to be noticed) (Nadjari, Douglas) |
| Filing 21 Consent MOTION to Stay and Enjoin Underlying Collection Proceedings and to Extend Zwirblia Defendants time to Answer, Move or Otherwise Respond to Plaintiffs' Complaint - Request to So-Order by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. (Attachments: #1 Stipulation and Order to Stay and Enjoin Underlying Collection Proceedings and to Extend Zwirblia Defendants time to Answer, Move or Otherwise Respond to Plaintiffs' Complaint) (Levy, Barry) |
| Filing 20 NOTICE of Appearance by Briana Enck on behalf of Michael Zwirblia Psy.D. (A Sole Proprietorship), Michael Zwirblia (aty to be noticed) (Enck, Briana) |
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ORDER granting #19 Motion for Stephen Danyko Extension of Time to Answer the Complaint on 3/2/2023. The parties are reminded that non-dispositive pretrial civil matters should be addressed to the magistrate judge. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/1/2023. (MV)
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| Filing 19 MOTION for Extension of Time to File Answer by Stephen Danyko. (Morrison, Ross) |
| Filing 18 NOTICE of Appearance by Ross Eric Morrison on behalf of Stephen Danyko (aty to be noticed) (Morrison, Ross) |
| Filing 17 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Svetlana Barskaya served on 1/16/2023, answer due 2/6/2023. (Levy, Barry) |
| Filing 16 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Yanna Volkov served on 1/16/2023, answer due 2/6/2023. (Levy, Barry) |
| Filing 15 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Michael Zwirblia Psy.D. (A Sole Proprietorship) served on 1/12/2023, answer due 2/2/2023. (Levy, Barry) |
| Filing 14 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Michael Zwirblia served on 1/12/2023, answer due 2/2/2023. (Levy, Barry) |
| Filing 13 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Stephen Danyko served on 1/10/2023, answer due 1/31/2023. (Levy, Barry) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Stephen Danyko (A Sole Proprietorship) served on 1/10/2023, answer due 1/31/2023. (Levy, Barry) |
| Filing 11 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Felix Elinson served on 1/23/2023, answer due 2/13/2023. (Levy, Barry) |
| Filing 10 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Prestige Billing and Collection Services, Inc. served on 1/20/2023, answer due 2/10/2023. (Levy, Barry) |
| Filing 9 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. ECNYC CO., L.L.C. served on 1/20/2023, answer due 2/10/2023. (Levy, Barry) |
| Filing 8 NOTICE of Appearance by Philip P. Nash on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Nash, Philip) |
| 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 Svetlana Barskaya, Stephen Danyko, ECNYC CO., L.L.C., Felix Elinson, John Doe Defendants 1 through 10, Michael Zwirblia Psy.D. (A Sole Proprietorship), Prestige Billing and Collection Services, Inc., Stephen Danyko (A Sole Proprietorship), Yanna Volkov, Michael Zwirblia. (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. 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. (KD) |
| 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 Svetlana Barskaya, Stephen Danyko, ECNYC CO., L.L.C., Felix Elinson, John Doe Defendants 1 through 10, Michael Zwirblia Psy.D. (A Sole Proprietorship), Prestige Billing and Collection Services, Inc., Stephen Danyko (A Sole Proprietorship), Yanna Volkov, Michael Zwirblia filing fee $ 402, receipt number ANYEDC-16286941 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 - ECNYC, #4 Exhibit 2 - Representative Sample of Fraudulent Claims Identified to Date - ZSP, #5 Exhibit 3 - Representative Sample of Fraudulent Claims Identified to Date - DSP, #6 Exhibit 4 - Representative Sample of Defendants' Diagnostic Interview Examination "Reports" - Zwirblia, #7 Exhibit 5 - Representative Sample of Defendants' Diagnostic Interview Examination "Reports" - ECNYC, #8 Exhibit 6 - Representative Sample of Defendants' Diagnostic Interview Examination "Reports" - Danyko) (Levy, Barry) |
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