Government Employees Insurance Company et al v. Clarke et al
| Colin Clarke MD P.C., Svetlana Kovaleva a/k/a Melana Kay, Medical Evaluation Services & Billing, Inc., Medical Consultation Services & Billing, Inc. and John Doe Defendants 1-10 |
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Colin Clarke, M.D. |
| 1:2023cv04605 |
| June 21, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
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| Filing 21 Defendants' Colin Clarke MD and Colin Clarke MD PC's ANSWER to #1 Complaint,, , First CROSSCLAIM against Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc., First COUNTERCLAIM against GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company by Colin Clarke MD P.C., Colin Clarke, MD. (Mead, Wesley) |
| Filing 20 Letter Joint Letter from Parties to Judge Bulsara Enclosing Rule 26(f) Report by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Attachments: #1 Exhibit Rule 26(f) Report) (Henesy, Steven) |
| Filing 19 ANSWER to #1 Complaint,, by Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc.. (Kutner, Charles) |
ORDER: The Stipulation for Extension of Time to Answer #18 is so ordered. The deadline for Defendants Medical Evaluation Services & Billing, Inc. and Medical Consultation Services & Billing, Inc. to respond to the Complaint was 7/18/2023. Their stipulation--and thus their answer--extending time to respond was late. However, the Court excuses the default finding that they could satisfy the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting an extension. In light of the stipulation, Plaintiffs concede that they suffer no prejudice from the extension, and the presence of a firm date to answer suggests that a meritorious defense is present. And ultimately, the Court's preference is to resolve cases on the merits, not on default. See New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005) (noting that the Second Circuit has "expressed a strong preference for resolving disputes on the merits") (quoting Powerserve Int'l, Inc. v. Lavi, 239 F.3d 508, 514 (2d Cir. 2001)). Defendants Medical Evaluation Services & Billing, Inc., Medical Consultation Services & Billing, Inc., and Svetlana Kovaleva a/k/a Melana Kay shall answer, move, or otherwise respond to the Complaint by 8/8/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/20/2023. (MD)
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| Filing 18 STIPULATION Stipulation and Acknowledgement of Service and Extension of Time to Answer Complaint as to Defendants Svetlana Kovaleva a/k/a Melana Kay, Medical Evaluation Services & Billing, Inc., and Medical Consultation Services & Billing, Inc. by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Henesy, Steven) |
| Filing 17 NOTICE of Appearance by Charles E. Kutner on behalf of Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc. (aty to be noticed) (Kutner, Charles) |
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ORDER: The Motion for Extension of Time to File Answer #16 is hereby granted. The deadline for Defendants Colin Clarke, M.D. and Colin Clarke MD P.C. to answer, move, or otherwise respond to the Complaint is extended to 8/18/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/10/2023. (MD)
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| Filing 16 First MOTION for Extension of Time to File Answer or otherwise respond to the Complaint on Consent to August 18, 2023 by Colin Clarke, MD, Colin Clarke MD P.C.. (Mead, Wesley) |
| Filing 15 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Colin Clarke MD P.C. served on 6/27/2023, answer due 7/18/2023. (Levy, Barry) |
| Filing 14 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Colin Clarke, MD served on 6/27/2023, answer due 7/18/2023. (Levy, Barry) |
| Filing 13 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Medical Consultation Services & Billing, Inc. served on 6/27/2023, answer due 7/18/2023. (Levy, Barry) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Medical Evaluation Services & Billing, Inc. served on 6/27/2023, answer due 7/18/2023. (Levy, Barry) |
| Filing 11 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Svetlana Kovaleva a/k/a Melana Kay served on 6/29/2023, answer due 7/20/2023. (Levy, Barry) |
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Filing 10
SCHEDULING ORDER: A telephonic initial conference will be held at 12:30 P.M. on 9/15/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 9/13/2023 Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/29/2023. (EM)
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| Filing 9 NOTICE of Appearance by Wesley Robert Mead on behalf of Colin Clarke, MD, Colin Clarke MD P.C. (aty to be noticed) (Mead, Wesley) |
| Filing 8 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 7 NOTICE of Appearance by Steven T. Henesy on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (aty to be noticed) (Henesy, Steven) |
| 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 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 4 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. (SR) |
| Filing 3 Summons Issued as to Colin Clarke, MD, Colin Clarke MD P.C., Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc.. (SR) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara. 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. (SR) |
| 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 Colin Clarke, MD, Colin Clarke MD P.C., John Doe Defendants 1-10, Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc. filing fee $ 402, receipt number ANYEDC-16816523 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 Clarke Practice Fraudulent Claims, #4 Exhibit 2-Representative Sample of Colin Clarke, M.D., P.C. Fraudulent Claims) (Levy, Barry) |
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