Government Employees Insurance Company et al v. Green Power New York LLC et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Green Power New York LLC, Konstantinos Koutelos, M.D., Gary Grody and John Doe Defendants "1" through "10" |
| 1:2023cv01304 |
| February 17, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 22
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #21 , as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 4/16/2023. (BH)
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| Filing 21 CASE MANAGEMENT STATEMENT Letter to Judge Gonzalez Enclosing Parties' Joint Letter and Proposed Case Management Plan (Attachments: #1 Joint Letter to Judge Gonzalez pursuant to the Court's March 8, 2023 Order, #2 Proposed Case Management Plan) (Gorton, Sean) |
| Filing 20 Letter Regarding Compliance with Service Obligations of April 3, 2023 Order by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Attachments: #1 Affidavits of Service) (Gorton, Sean) |
| Filing 19 Letter in Response to the Court's April 3, 2023 Order by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Gorton, Sean) |
| Filing 18 ANSWER to #1 Complaint,, by Green Power New York LLC, Konstantinos Koutelos, MD. (Eisenberg, Lloyd) |
| Filing 17 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Gary Grody has failed to appear or otherwise defend this action, the default of defendant Gary Grody is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before April 10, 2023, stating whether Plaintiffs intend to move for a default judgment against Defendant Gary Grody prior to the conclusion of Plaintiffs' case against the Defendants that have appeared. If Plaintiffs intend to move for a default judgment, Plaintiffs' letter shall explain why, pursuant to Rule 54(b), "there is no just reason" for the Court to delay entering a partial judgment against Defendant Grody. Plaintiffs' letter shall further address whether entering a default judgment against Defendant Grody: (i) "would prejudice actively litigating defendants," see Knowles-Carter v. Feyonce, Inc., No. 16-cv-2532, 2017 WL 11567528, at *5 (S.D.N.Y. Sept. 23, 2017); or (ii) would risk creating a situation in which it would be "logically inconsistent for some defendants to be held liable while others are not," see El Omari v. Buchanan, No. 20-cv-2601, 2021 WL 465431, at *3 (S.D.N.Y. Feb. 9, 2021).In addition to the service requirements of the Federal Rules of Civil Procedure, Plaintiffs shall attempt to send, as soon as reasonably possible, this order and the Clerk of Court's certificate of default directly to either Defendant Grody or one of Defendant's attorneys, employees, or other representatives. Plaintiffs shall serve the letter required by this order in the same manner as soon as reasonably possible upon filing the letter.Within two business days of Plaintiffs filing the letter required by this order, Plaintiffs shall file a declaration by Plaintiffs' counsel or other knowledgeable person describing Plaintiffs' compliance with the service obligations in this order. Ordered by Judge Hector Gonzalez on 4/3/2023. (BH)
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| Filing 16 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 Request for Certificate of Default as to Gary Grody, #2 Exhibit A - Certificate of Manpower) (Gorton, Sean) |
| Filing 15 NOTICE of Appearance by Ruya Carton on behalf of Green Power New York LLC, Konstantinos Koutelos, MD (aty to be noticed) (Carton, Ruya) |
| Filing 14 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Green Power New York LLC, Konstantinos Koutelos, MD. (Attachments: #1 Exhibit Stipulation Extending Time to Answer) (Eisenberg, Lloyd) |
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ORDER: The Court grants the motion for an extension of time made by Defendants Green Power New York LLC and Konstantinos Koutelos, M.D., see ECF No. #14 , and they shall file their answer(s) or otherwise respond to Plaintiffs' complaint on or before April 4, 2023. Ordered by Judge Hector Gonzalez on 3/20/2023. (BH)
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| Filing 13 NOTICE of Appearance by Lloyd M. Eisenberg on behalf of Green Power New York LLC, Konstantinos Koutelos, MD (aty to be noticed) (Eisenberg, Lloyd) |
| Filing 12 Letter regarding March 8, 2023 Order by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Attachments: #1 Affidavit of Service - Green Power New York, LLC) (Gorton, Sean) |
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Filing 11
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by April 12, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadlines to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 3/8/2023. (BH)
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ORDER: The Court has received the affidavit of service filed by Plaintiffs, see ECF No. #10 , which indicates that Plaintiffs served Defendant Green Power New York LLC by delivering Plaintiffs' complaint and a summons to the New York Secretary of State. As a courtesy to Defendant Green Power New York LLC, and to facilitate that Defendant's prompt appearance, Plaintiffs' counsel shall mail a copy of Plaintiffs' complaint and a summons to the address for Defendant Green Power New York LLC identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/.Plaintiffs' counsel shall file a declaration by March 15, 2023, confirming Plaintiffs' compliance with this order or, alternatively, explaining why Plaintiffs were unable to comply with this order.If Plaintiffs fail to mail a copy of Plaintiffs' complaint and a summons as required by this order, and Defendant Green Power New York LLC eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against that Defendant unless the circumstances unambiguously demonstrate that Defendant Green Power New York LLC actually received notice of Plaintiffs' complaint. Additionally, the Court may decline to award Plaintiffs a default judgment against Defendant Green Power New York LLC unless Plaintiffs can show that Defendant Green Power New York LLC has received notice of Plaintiffs' complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 3/8/2023. (BH)
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| Filing 10 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Green Power New York LLC served on 2/27/2023, answer due 3/20/2023. (Levy, Barry) |
| Filing 9 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Konstantinos Koutelos, MD served on 3/1/2023, answer due 3/22/2023. (Levy, Barry) |
| Filing 8 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Gary Grody served on 2/28/2023, answer due 3/21/2023. (Levy, Barry) |
| Filing 7 NOTICE of Appearance by Sean Patrick Gorton on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Gorton, Sean) |
| Filing 6 NOTICE of Appearance by Michael A. Sirignano on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Sirignano, Michael) |
| Filing 5 Summons Issued as to Green Power New York LLC, Gary Grody, John Doe Defendants "1" through "10", Konstantinos Koutelos, MD. (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 Hector Gonzalez. 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) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before March 10, 2023, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 2/24/2023. (BH)
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| 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 Green Power New York LLC, Gary Grody, John Doe Defendants "1" through "10", Konstantinos Koutelos, MD filing fee $ 402, receipt number ANYEDC-16422038 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 Submitted) (Levy, Barry) |
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