Jeffrey Farkas, M.D., LLC v. New York Quality Healthcare Corporation et al
| Jeffrey Farkas, M.D., LLC |
| New York Quality Healthcare Corporation and Allied Benefit Systems, LLC |
| 1:2023cv05550 |
| July 21, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Peggy Kuo |
| Insurance |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.
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ORDER: Having reviewed Defendant Allied's #11 Response to the Court's Order to Show Cause and Plaintiff's #10 Reply in Opposition re Defendant Allied's #9 Letter Motion for Pre Motion Conference, the Court finds that Defendant Allied has established jurisdiction pursuant to 28 U.S.C. Sections 1331 and 1367 to remove this case to federal court because the Court has federal question jurisdiction over Plaintiff's Employee Retirement Income Security Act claim ("ERISA") against Defendant Allied, see Aetna Health Inc. v. Davila, 542 U.S. 200, 208 (2004) ("Congress enacted ERISA to 'protect... the interests of participants in employee benefit plans and their beneficiaries' by setting out substantive regulatory requirements for employee benefit plans and to 'provid[e] for appropriate remedies, sanctions, and ready access to the Federal courts.'")(quoting 29 U.S.C. Section 1001(b)), and supplemental jurisdiction over Plaintiff's state breach of contract claim against Defendant Fidelis (see 28 U.S.C. Section 1367). In addition, as Plaintiff has not moved for remand and requests to amend its complaint to include an ERISA cause of action, the Court finds that the case should move forward. Plaintiff shall amend its complaint to include a proper ERISA claim and cure any pleading deficiencies by 10/09/2023. Based on Defendant Allied's #9 Letter Motion for Pre Motion Conference and Plaintiff's #10 Reply in Opposition re Defendant Allied's #9 Letter Motion for Pre Motion Conference, the Court denies Defendant Allied's motion for pre motion conference as unnecessary. The parties are directed to confer and submit a jointly proposed briefing schedule for Defendant Allied's motion to dismiss pursuant to the Court's rules by 10/23/2023. Ordered by Judge Pamela K. Chen on 9/11/2023. (YW)
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Allied Benefit Systems, LLC (Attachments: #1 Exhibit 1) (Chung, Jennifer) |
| Filing 10 REPLY in Opposition re #9 Letter MOTION for pre motion conference filed by Jeffrey Farkas, M.D., LLC. (Gottlieb, Michael) |
| Filing 9 Letter MOTION for pre motion conference by Allied Benefit Systems, LLC. (Chung, Jennifer) |
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ORDER: The Court is in receipt of Defendant Allied Benefit Systems LLC's ("Allied") #7 Motion to Dismiss for Failure to State a Claim. However, Allied has failed to comply with the Court's Individual Practices and Rules, which require the filing of a pre-motion conference ("PMC") request before the filing of any dispositive motion and require the opposing party to respond to the PMC request within seven days. See Judge Chen's Individual Practices and Rules, Rule 3.A. The Court therefore terminates Allied's #7 Motion. Given the deadline for the filing of an answer or other responsive pleading--which is met by a party's filing of a PMC request--the Court directs Allied to review the Court's Individual Rules and refile a compliant PMC request. In addition, the Court directs Allied to show cause by 8/20/2023 why removal of this matter from state court is appropriate. Based on the Court's preliminary review of Allied's #1 Notice of Removal and Plaintiff's underlying state court complaints, it is not clear that the Court has jurisdiction over this matter. See 28 U.S.C. 1447(c) ("If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded."). If Plaintiff seeks to remand this matter, it shall do so by the same date. See 28 U.S.C. 1447(c) ("A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a)."). Responses to Allied's show-cause filing or Plaintiff's remand motion, if any, shall be made by 9/03/2023. Ordered by Judge Pamela K. Chen on 7/31/2023. (YW)
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| Filing 8 NOTICE of Appearance by Jacob Aaron Zucker on behalf of New York Quality Healthcare Corporation (aty to be noticed) (Zucker, Jacob) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Allied Benefit Systems, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order) (Chung, Jennifer) |
| Filing 6 NOTICE of Appearance by Jennifer Haemin Chung on behalf of Allied Benefit Systems, LLC (notification declined or already on case) (Chung, Jennifer) |
| Filing 5 NOTICE Designating Case To Arbitration. This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7: https://img.nyed.uscourts.gov/files/local_rules/localrules.pdf The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed. (RC) |
| Filing 4 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16925059 by Allied Benefit Systems, LLC. (Attachments: #1 Affidavit) (Chung, Jennifer) |
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ORDER granting #4 Motion for Leave to Appear Pro Hac Vice. Attorney Jennifer Chung is permitted to appear pro hac vice on behalf of defendant Allied Benefit Systems, LLC. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 7/25/2023. (RO)
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| CASE REFERRED to Arbitration. (RC) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 2 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) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. 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) |
| This case has been opened in the Eastern District of New York. 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. (SR) |
| Filing 1 NOTICE OF REMOVAL by Allied Benefit Systems, LLC from Supreme Court, County of Queens, case number 715984/2022. ( Filing fee $ 402 receipt number ANYEDC-16917217) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Civil Cover Sheet) (Touzos, Stefanos) |
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