Halwani et al v. Brightside Health, Inc. et al
| Bouchara Halwani |
| Brightside Health, Inc., Brightside Medical, P.C., Beth Tafuri, LCSW and Lissa Goldstein, M.D. |
| 1:2023cv03686 |
| May 17, 2023 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Kiyo A Matsumoto |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 Letter MOTION to Withdraw as Attorney by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually). (Quilty-Lake, Shelley) |
ORDER granting #25 Motion to Withdraw as Attorney. Attorney Shelley Ann Quilty-Lake terminated. Ordered by Magistrate Judge Peggy Kuo on 6/27/2023. (NS)
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Filing 24
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on September 7, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.Counsel are directed to the annexed Initial Conference Order for instructions. By September 1, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 5/18/2023. (RO)
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| Filing 23 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) |
| Filing 22 Case transferred in from District of New York Southern; Case Number 1:23-cv-00800. Original file certified copy of transfer order and docket sheet received. |
| The case of Halwani v. Brightside Health, Inc., has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-3686. PLEASE NOTE: 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. (KD) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 5/17/2023.] |
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Filing 21
ORDER: IT IS HEREBY ORDERED that this case is TRANSFERRED to the Eastern District of New York pursuant to 28 U.S.C. 1404(a). The Clerk of Court is respectfully directed to transfer this case to the Eastern District of New York pursuant to S.D.N.Y. Local Rule 83.1. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/10/2023) (tg) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/17/2023.]
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Filing 20
MEMORANDUM OPINION & ORDER re: #7 Motion to Remand to State Court filed by Bouchara Halwani. For the forgoing reasons, Plaintiffs' motion to remand is DENIED. By no later than May 5, 2023, Plaintiffs must show cause why this case should not be transferred to the Eastern District of New York. The Clerk is respectfully directed to terminate the open motion at docket entry 7. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/27/2023) (vfr) [Transferred from New York Southern on 5/17/2023.]
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| Filing 19 LETTER addressed to Judge Valerie E. Caproni from Kim April Carnesi dated 4/10/2023 re: Serving Unredacted version of Exhibits to Dr. Goldstein's Declaration. Document filed by Brightside Health, Inc., Brightside Medical, P.C., Lissa Goldstein, M.D., Beth Tafuri, LCSW..(Carnesi, Kim) [Transferred from New York Southern on 5/17/2023.] |
| Filing 18 FIRST REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Remand to State Court . . Document filed by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually)..(Gentile, Laura) [Transferred from New York Southern on 5/17/2023.] |
| Filing 17 REPLY AFFIDAVIT of Laura Gentile in Support re: #7 MOTION to Remand to State Court .. Document filed by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually)..(Gentile, Laura) [Transferred from New York Southern on 5/17/2023.] |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #7 MOTION to Remand to State Court . . Document filed by Brightside Health, Inc., Brightside Medical, P.C., Lissa Goldstein, M.D., Beth Tafuri, LCSW. (Attachments: #1 Affidavit Declaration of Kim Carnesi, #2 Exhibit Ex A- Goldstein Declaration, #3 Exhibit Ex B-Verified Complaint, #4 Exhibit Ex C- Email Nov 29, 2022 btwn Paola and Jason, #5 Exhibit Ex D- Filed Demand Pursuant to CPLR 2017, #6 Exhibit Ex E- Letter from KC to Pl re Stip and Damages, #7 Exhibit Ex F-Ltr from KC to Pl Capping Damages, #8 Exhibit Ex G-Email from KC to Pl C, #9 Exhibit Ex H- Rule 7.1 Statement, #10 Exhibit Ex I-Motion Briefing Scheduling by Court, #11 Affidavit Affirmation of Service).(Carnesi, Kim) [Transferred from New York Southern on 5/17/2023.] |
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Filing 15
ORDER granting in part and denying in part #14 Letter Motion to Adjourn Conference. Application GRANTED in part. Defendants' deadline to oppose the motion to remand is March 31, 2023; Plaintiffs' reply is due no later than April 10, 2023. The Initial Pretrial Conference ("IPTC"), scheduled for March 31, 2023, is hereby ADJOURNED sine die. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/15/2023) (tg) [Transferred from New York Southern on 5/17/2023.]
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| Set/Reset Deadlines: Responses due by 3/31/2023 Replies due by 4/10/2023. (tg) [Transferred from New York Southern on 5/17/2023.] |
| Set/Reset Deadlines: Motions due by 4/28/2023. (tg) [Transferred from New York Southern on 5/17/2023.] |
| Filing 14 LETTER MOTION to Adjourn Conference and Motion to Remand addressed to Judge Valerie E. Caproni from Kim April Carnesi dated 03/14/2023. Document filed by Brightside Health, Inc., Brightside Medical, P.C., Lissa Goldstein, M.D., Beth Tafuri, LCSW..(Carnesi, Kim) [Transferred from New York Southern on 5/17/2023.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #13 Proposed Order, was reviewed and approved as to form. (tp) [Transferred from New York Southern on 5/17/2023.] |
| Filing 13 PROPOSED ORDER. Document filed by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually). Related Document Number: #7 ..(Quilty-Lake, Shelley Ann) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 5/17/2023.] |
| Filing 12 NOTICE OF APPEARANCE by Shelley Ann Quilty-Lake on behalf of Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually)..(Quilty-Lake, Shelley Ann) [Transferred from New York Southern on 5/17/2023.] |
| Filing 11 DECLARATION of Jason Chamikles in Support re: #7 MOTION to Remand to State Court .. Document filed by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually). (Attachments: #1 Exhibit Exhibit A- Affirmation of Service Oct 19, 2022, #2 Exhibit Exhibit B - Brightside Medical Records, #3 Exhibit Exhibit C - Affirmation of Service Nov. 26, 2022, #4 Exhibit Exhibit D - Email Nov. 29, 2022, #5 Exhibit Exhibit E - Affidavit of Service Dec. 7, 2022, #6 Exhibit Exhibit F - Answer, #7 Exhibit Exhibit G - NYS Driver License Information, #8 Exhibit Exhibit H - LexisNexis Search Feb. 2, 2023, #9 Exhibit Exhibit I - Port Jervis Police Dept. Annual Report, #10 Exhibit Exhibit J - Updating Your NPI Address, #11 Exhibit Exhibit K - NPI Application/Update Form, #12 Exhibit Exhibit L - NPI What You Need to Know, #13 Exhibit Exhibit M - NPI Fact Sheet, #14 Exhibit Exhibit N - NPI Number 1679718886, #15 Exhibit Exhibit O - NYS Physician Profile, #16 Exhibit Exhibit P - Plaintiff's Demands, #17 Exhibit Exhibit Q - Gabapentin-Related Suicide: Myth or Fact?, #18 Exhibit Exhibit R - Brightside Psychiatrists, #19 Exhibit Exhibit S - NYSDMV Change of Address Form, #20 Exhibit Exhibit T - Mt. Sinai Profile - Lissa Goldstein, M.D., #21 Exhibit Exhibit U - MIPS Participation, #22 Exhibit Exhibit V - Civil Cover Sheet, #23 Exhibit Exhibit W - Lewis Brisbois Website, #24 Exhibit Exhibit X - Rule 7.1 Disclosure Statement, #25 Exhibit Exhibit Y - Pages from 2020 Manhattan Emp BCBS NYMA_EP_Provider Directory, #26 Exhibit Exhibit Z - Pages from Bronx 2020 NYBR_EP_Provider Directory, #27 Exhibit Exhibit AA - Pages from Queens 12-2020 NYQU_EP_Provider Directory, #28 Exhibit Exhibit BB - Pages from VILLAGE MAX 2021 Manhattan, #29 Exhibit Exhibit CC - Pages from Meteroplus Medicare 2021 Feb Medicare Provider Directory Queens, #30 Exhibit Exhibit DD - Pages from Aetna NYC 2021 DIR_2021, #31 Exhibit Exhibit EE - Pages from DIR_2021_NY_Queens_PPO, #32 Exhibit Exhibit FF - Pages from VillageCare Brooklyn 2022, #33 Exhibit Exhibit GG - Pages from Fidelis Medicare Manhattan, #34 Exhibit Exhibit HH - Pages from Aetna Medicare 2022 Directory, #35 Exhibit Exhibit II - Pages from DIR_2022_NY_Brooklyn_PPO, #36 Exhibit Exhibit JJ - Pages from NYMA Provider Directory, #37 Exhibit Exhibit KK - Pages from QUEENS NYE_CAID_Provider Directory, #38 Exhibit Exhibit LL - Pages from Empire Bronx Directory, #39 Exhibit Exhibit MM - Pages from United Heath Care Provider Directory Kings County, #40 Exhibit Exhibit NN - Pages from Aetna Medicare DIR 2023 NY Metro, #41 Exhibit Exhibit OO - Pages from Brooklyn DIR 2023, #42 Exhibit Exhibit PP - Institute for Family Health, #43 Exhibit Exhibit QQ - LexisNexis Search Feb. 7, 2023, #44 Exhibit Exhibit RR E-mail February 28, 2023).(Quilty-Lake, Shelley Ann) [Transferred from New York Southern on 5/17/2023.] |
| Filing 10 NOTICE OF APPEARANCE by Laura Eugenia Gentile on behalf of Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually)..(Gentile, Laura) [Transferred from New York Southern on 5/17/2023.] |
| Filing 9 DECLARATION of Laura Gentile in Support re: #7 MOTION to Remand to State Court .. Document filed by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually)..(Quilty-Lake, Shelley Ann) [Transferred from New York Southern on 5/17/2023.] |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Remand to State Court . . Document filed by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually)..(Quilty-Lake, Shelley Ann) [Transferred from New York Southern on 5/17/2023.] |
| Filing 7 MOTION to Remand to State Court . Document filed by Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually). Return Date set for 3/30/2023 at 09:30 AM..(Quilty-Lake, Shelley Ann) [Transferred from New York Southern on 5/17/2023.] |
| Filing 6 NOTICE OF APPEARANCE by Shelley Ann Quilty-Lake on behalf of Bouchara Halwani(as Administrator of the Estate of Lara Halwani), Bouchara Halwani(individually)..(Quilty-Lake, Shelley Ann) [Transferred from New York Southern on 5/17/2023.] |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/31/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/3/2023) (tg) [Transferred from New York Southern on 5/17/2023.] |
| Filing 4 CIVIL COVER SHEET filed..(Carnesi, Kim) [Transferred from New York Southern on 5/17/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kim April Carnesi. The following case opening statistical information was erroneously selected/entered: Jury Demand code b (Both); County code Richmond;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to d (Defendant); the County code has been modified to XX Out of State;. (jgo) [Transferred from New York Southern on 5/17/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kim April Carnesi to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; multiple Citizenship Defendant codes was selected; the PDF was not properly signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 5/17/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 5/17/2023.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 5/17/2023.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 5/17/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kim April Carnesi. The party information for the following party/parties has been modified: Bouchara Halwani; Lara Halwani. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) [Transferred from New York Southern on 5/17/2023.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brightside Health, Inc., Brightside Medical, P.C., Lissa Goldstein, M.D., Beth Tafuri, LCSW..(Carnesi, Kim) [Transferred from New York Southern on 5/17/2023.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Carnesi, Kim) Modified on 2/1/2023 (jgo). [Transferred from New York Southern on 5/17/2023.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 805330/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27275913).Document filed by Lissa Goldstein, M.D., Brightside Medical, P.C., Brightside Health, Inc., Beth Tafuri, LCSW. (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Defendants' Answer, #3 Exhibit C - Demand Pursuant to CPLR 301(c), #4 Exhibit D - Proposed Stipulation as to Damages, #5 Exhibit E - January 26, 2023 Correspondence).(Carnesi, Kim) [Transferred from New York Southern on 5/17/2023.] |
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