Liberty Mutual Insurance Company et al v. Medical Supply Depot Group, Inc. et al
| Liberty Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation, The First Liberty Insurance Corporation, LM Insurance Corporation, Liberty Mutual Mid-Atlantic Insurance Company, Liberty County Mutual Insurance Company, LM Property and Casualty Insurance Company, Safeco Company of Indiana and American States Insurance Company |
| Medical Supply Depot Group, Inc., Nikolay Malinin, Rosar Medical Equipment Corp., Irina Andronova and John Doe Defendants 1-10 |
| 1:2023cv03527 |
| May 10, 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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This docket was last retrieved on June 22, 2023. A more recent docket listing may be available from PACER.
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ORDER: The Court has received Plaintiffs' letter indicating that the parties have reached a settlement in principle. See ECF No. #16 . Plaintiffs shall file a notice or stipulation of voluntary dismissal on or before July 21, 2023, or else the parties shall file on that date the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #12 , and Defendants shall further, on that same date, file their answer(s) or otherwise respond to Plaintiffs' complaint. If the parties fail either to dismiss the case or to file a case management plan on or before July 21, 2023, then the Court will promptly enter a discovery schedule allowing no more than 90 days for fact discovery without seeking further input from the parties. Ordered by Judge Hector Gonzalez on 6/22/2023. (BH)
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| Filing 16 STATUS REPORT Letter regarding Plaintiffs have reached a settlement in principle with defendants Medical Supply Depot Group, Inc., Nikolay Malinin, Rosar Medical Equipment Corp. and Irina Andronova by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (Tiscione, Frank) |
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ORDER: The Court grants the motion for an extension of time made by Defendants Medical Supply Depot Group, Inc. and Nikolay Malinin. See ECF No. #15 . Those Defendants shall file their answer(s) or otherwise respond to Plaintiffs' complaint on or before July 14, 2023. The parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #12 , remains June 22, 2023. Ordered by Judge Hector Gonzalez on 6/15/2023. (BH)
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| Filing 15 STIPULATION Extending Time to Answer or Move by Nikolay Malinin, Medical Supply Depot Group, Inc. (Tulman, Scott) |
| Filing 14 NOTICE of Appearance by Scott B. Tulman on behalf of Nikolay Malinin, Medical Supply Depot Group, Inc. (aty to be noticed) (Tulman, Scott) |
| Filing 13 Letter to Judge Gonzalez proof of service for Defendants Rosar Medical Equipment Corp. and Medical Supply Depot Group Corp. by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (Attachments: #1 Affidavit of Service confirming that the summons and complaint in this matter were served on Rosar Medical Equipment Corp. and Medical Supply Depot Group Corp.) (Tiscione, Frank) |
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Filing 12
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 June 22, 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' answers to set a discovery schedule. Ordered by Judge Hector Gonzalez on 5/19/2023. (BH)
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ORDER: The Court has received the affidavits of service filed by Plaintiffs, see ECF Nos. #8 & #9 , which indicate that Plaintiffs served the entity Defendants by delivering Plaintiffs' complaint and a summons to the New York Secretary of State. As a courtesy to those Defendants, and to facilitate their prompt appearance, Plaintiffs' counsel shall mail a copy of Plaintiffs' complaint and a summons to the address for the entity Defendants 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 on or before May 26, 2023, confirming Plaintiffs' compliance with this order or, alternatively, explaining why Plaintiffs were unable to comply with this order.If Plaintiffs fail to mail copies of Plaintiffs' complaint and a summons as required by this order, and an entity Defendant 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 actually received notice of Plaintiffs' complaint. Additionally, the Court may decline to award Plaintiffs a default judgment against an entity Defendant unless Plaintiffs can show that the Defendant has received notice of Plaintiffs' complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 5/19/2023. (BH)
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| Filing 11 SUMMONS Returned Executed by Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Liberty County Mutual Insurance Company, Safeco Company of Indiana, Liberty Mutual Fire Insurance Company, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, Liberty Mutual Insurance Company, American States Insurance Company, LM Insurance Corporation. Irina Andronova served on 5/15/2023, answer due 6/5/2023. (Levy, Barry) |
| Filing 10 SUMMONS Returned Executed by Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Liberty County Mutual Insurance Company, Safeco Company of Indiana, Liberty Mutual Fire Insurance Company, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, Liberty Mutual Insurance Company, American States Insurance Company, LM Insurance Corporation. Nikolay Malinin served on 5/15/2023, answer due 6/5/2023. (Levy, Barry) |
| Filing 9 SUMMONS Returned Executed by Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Liberty County Mutual Insurance Company, Safeco Company of Indiana, Liberty Mutual Fire Insurance Company, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, Liberty Mutual Insurance Company, American States Insurance Company, LM Insurance Corporation. Medical Supply Depot Group, Inc. served on 5/15/2023, answer due 6/5/2023. (Levy, Barry) |
| Filing 8 SUMMONS Returned Executed by Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Liberty County Mutual Insurance Company, Safeco Company of Indiana, Liberty Mutual Fire Insurance Company, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, Liberty Mutual Insurance Company, American States Insurance Company, LM Insurance Corporation. Rosar Medical Equipment Corp. served on 5/15/2023, answer due 6/5/2023. (Levy, Barry) |
| Filing 7 Summons Issued as to All Defendants. (KD) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 5 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) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before May 31, 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 5/12/2023. (BH)
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| 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) |
| Filing 4 NOTICE of Appearance by Frank Peter Tiscione, Jr on behalf of American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (aty to be noticed) (Tiscione, Frank) |
| Filing 3 NOTICE of Appearance by Michael A. Sirignano on behalf of American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (aty to be noticed) (Sirignano, Michael) |
| Filing 2 Corporate Disclosure Statement by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation identifying Corporate Parent Liberty Mutual Insurance Company for American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation. (Levy, Barry) |
| Filing 1 COMPLAINT against Irina Andronova, John Doe Defendants 1-10, Nikolay Malinin, Medical Supply Depot Group, Inc., Rosar Medical Equipment Corp. filing fee $ 402, receipt number ANYEDC-16686958 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Liberty County Mutual Insurance Company, Safeco Company of Indiana, Liberty Mutual Fire Insurance Company, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, Liberty Mutual Insurance Company, American States Insurance Company, LM Insurance Corporation. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider, #3 Exhibit 1-Representative Sample of Medical Supply Depot Group Corp. Fraudulent Claims, #4 Exhibit 2-Representative Sample of Rosar Medical Equipment Corp. Fraudulent Claims) (Levy, Barry) |
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