Government Employees Insurance Company et al v. Gelb et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Phyllis Seidler Gelb, M.D., Avenue Medical Care, P.C., Jean-Pierre Barakat, M.D., Svetlana Kovaleva a/k/a Melana Kay, Medical Evaluation Services & Billing, Inc., Medical Consultation Services & Billing, Inc., Avenue Medical Care Billing Services, Inc. and John Doe Defendants 1-10 |
| 1:2023cv05250 |
| July 10, 2023 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| Eric N Vitaliano |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Jean-Pierre Barakat, MD has failed to appear or otherwise defend this action, the default of defendant Jean-Pierre Barakat, MD is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 21 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 Certificate of Default against Defendant Jean-Pierre Barakat, M.D., #2 Exhibit A-Certificate of Manpower/Military) (Henesy, Steven) |
| Filing 20 MOTION for Extension of Time to File Answer Letter-Motion by Avenue Medical Care, P.C., Phyllis Seidler Gelb, MD. (Zimmerman, Michael) |
ORDER granting #20 Motion for Extension of Time until September 14, 2023 for defendants Medical Care, P.C. and Phyllis Seidler Gelb, MD to answer. Ordered by Magistrate Judge Robert M. Levy on 8/15/2023. (JM)
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| Filing 19 Letter by Avenue Medical Care, P.C., Phyllis Seidler Gelb, MD (Zimmerman, Michael) |
| Filing 18 NOTICE of Appearance by Michael A. Zimmerman on behalf of Avenue Medical Care, P.C., Phyllis Seidler Gelb, MD (notification declined or already on case) (Zimmerman, Michael) |
| Filing 17 MOTION for Extension of Time to File Answer by Avenue Medical Care, P.C., Phyllis Seidler Gelb, MD. (Zimmerman, Michael) |
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ORDER RE #17 : The Motion for Extension of Time to Answer #17 is denied without prejudice to renewal. Defendants Avenue Medical Care, P.C. and Phyllis Seidler Gelb, MD seek to extend the time to answer, move, or otherwise respond to the Complaint. Defendants answers were due on 8/7/23 and 8/10/23. Because they are seeking to extend the time to answer after the time to do so has passed, Defendants must file a motion by 8/21/23 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020).Ordered by Magistrate Judge Robert M. Levy on 8/14/2023. (JM)
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| Filing 16 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Jean-Pierre Barakat, MD served on 7/20/2023, answer due 8/10/2023. (Levy, Barry) |
| Filing 15 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Phyllis Seidler Gelb, MD served on 7/20/2023, answer due 8/10/2023. (Levy, Barry) |
| Filing 14 ANSWER to #1 Complaint,, by Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc.. (Kutner, Charles) |
| Filing 13 ANSWER to #1 Complaint,, by Avenue Medical Care Billing Services, Inc.. (Kutner, Charles) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Avenue Medical Care, P.C. served on 7/17/2023, answer due 8/7/2023. (Levy, Barry) |
| Filing 11 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., Medical Consultation Services & Billing, Inc., and Avenue Medical Care Billing Services, Inc. by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Henesy, Steven) Modified, changed to motion on 7/19/2023 (JM). |
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ORDER granting #11 Motion for Extension of Time until August 8, 2023 to Answer as to Defendants: Avenue Medical Care Billing Services, Inc.; Svetlana Kovaleva a/k/a Melana Kay; Medical Consultation Services & Billing, Inc.; and Medical Evaluation Services & Billing, Inc. Ordered by Magistrate Judge Robert M. Levy on 7/19/2023. (JM)
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| Filing 10 Letter to Judge Vitaliano requesting correction to docket re: Notice of Appearance mistakenly filed for defendant Advanced Medical, PC by Avenue Medical Care Billing Services, Inc. (Kutner, Charles) |
| Filing 9 NOTICE of Appearance by Charles E. Kutner on behalf of Avenue Medical Care Billing Services, Inc., Avenue Medical Care, P.C. (aty to be noticed) (Kutner, Charles) |
| Filing 8 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) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 6 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 5 Summons Issued as to Avenue Medical Care Billing Services, Inc., Avenue Medical Care, P.C., Jean-Pierre Barakat, MD, Phyllis Seidler Gelb, MD, Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc.. (SR) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Robert M. Levy. 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 4 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 3 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 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 Avenue Medical Care Billing Services, Inc., Avenue Medical Care, P.C., Jean-Pierre Barakat, MD, John Doe Defendants 1-10, Phyllis Seidler Gelb, MD, Svetlana Kovaleva a/k/a Melana Kay, Medical Consultation Services & Billing, Inc., Medical Evaluation Services & Billing, Inc. filing fee $ 402, receipt number ANYEDC-16873559 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 Avenue Medical Care, P.C. RICO Claims) (Levy, Barry) |
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