Allstate Insurance Company, et al v. CPM Med Supply Inc et al
| Allstate Insurance Company,, Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company and Allstate Property and Casualty Insurance Company |
| CPM Med Supply Inc, Tamerlan Iffraimov, John Does 1 through 5 and ABC Corporations 1 through 5 |
| 1:2023cv05864 |
| August 2, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| 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 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE of Appearance by Neil S. Torczyner on behalf of CPM Med Supply Inc, Tamerlan Iffraimov (aty to be noticed) (Torczyner, Neil) |
| Filing 15 MOTION for Extension of Time to File Answer re #1 Complaint, Stipulation and Proposed Order by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company,, Allstate Property and Casualty Insurance Company. (Pinzow, Lee) |
ORDER: The Court grants Defendants' motion for an extension of time, and so-orders the parties' stipulation. See ECF No. #15 . Defendants shall file an answer or otherwise respond to Plaintiffs' complaint on or before October 18, 2023. However, the parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #13 , remains October 23, 2023. Ordered by Judge Hector Gonzalez on 9/19/2023. (ICP)
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| Filing 14 DECLARATION re Order,,,,,, Proof of Mailing of Courtesy Copy of Summons and Complaint to Defendant CPM Med Supply Inc by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company,, Allstate Property and Casualty Insurance Company (Pinzow, Lee) |
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Filing 13
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 October 23, 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' deadline 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' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 9/16/2023. (ICP)
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ORDER: The Court has received the affidavit of service filed by Plaintiffs, see ECF No. #11 , which indicates that Plaintiffs served Defendant CPM Med Supply Inc. by delivering Plaintiffs' complaint and a summons to the New York Secretary of State. As a courtesy to Defendant CPM Med Supply Inc., and to facilitate Defendant's prompt appearance, Plaintiffs' counsel shall mail a copy of Plaintiffs' complaint and a summons to the address for Defendant CPM Med Supply Inc. 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 September 25, 2023, confirming Plaintiffs' compliance with this order or, alternatively, explaining why Plaintiffs were unable to comply with this order.If Plaintiffs fail to mail a copy of Plaintiffs' complaint and a summons as required by this order, and Defendant CPM Med Supply Inc. eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against Defendant CPM Med Supply Inc. 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 Defendant CPM Med Supply Inc. unless Plaintiffs can show that Defendant CPM Med Supply Inc. has received notice of Plaintiffs' complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 9/16/2023. (ICP)
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| Filing 12 SUMMONS Returned Executed by Allstate Fire and Casualty Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Insurance Company,, Allstate Indemnity Company. Tamerlan Iffraimov served on 8/29/2023, answer due 9/19/2023. (Pinzow, Lee) |
| Filing 11 SUMMONS Returned Executed by Allstate Fire and Casualty Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Insurance Company,, Allstate Indemnity Company. CPM Med Supply Inc served on 8/29/2023, answer due 9/19/2023. (Pinzow, Lee) |
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ORDER: The Court has received Plaintiffs' letter, see ECF No. #10 , describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant, which indicates that Defendants have not yet been served. Plaintiffs shall file another letter no longer than three pages on or before September 25, 2023, describing Plaintiffs' efforts to serve each Defendant. Alternatively, if Plaintiffs complete service on each Defendant before that date, or if Defendants waive service, then Plaintiffs shall promptly file proof of service or an executed waiver of service.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. Ordered by Judge Hector Gonzalez on 8/25/2023. (ICP)
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| Filing 10 STATUS REPORT Concerning Plaintiffs' Efforts to Serve Summons and Complaint Pursuant to the Court's August 3, 2023 Order by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company,, Allstate Property and Casualty Insurance Company (Pinzow, Lee) |
| Filing 9 Summons Issued as to CPM Med Supply Inc and Tamerlan Iffraimov. (JC) |
| Filing 8 Proposed Summons. by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company,, Allstate Property and Casualty Insurance Company (Pinzow, Lee) |
| Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons, all Plaintiff's and Defendant's must be listed in the Plaintiff's and Defendant's caption. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JC) |
| Filing 7 Proposed Summons. by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company,, Allstate Property and Casualty Insurance Company (Pinzow, Lee) |
| 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) |
| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before August 24, 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. Notably, it appears that Plaintiffs have not filed a proposed summons for the Clerk of Court to issue.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 8/3/2023. (IP)
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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 James A McKenney on behalf of All Plaintiffs (aty to be noticed) (McKenney, James) |
| Filing 3 NOTICE of Appearance by Robert A. Stern on behalf of All Plaintiffs (aty to be noticed) (Stern, Robert) |
| Filing 2 Corporate Disclosure Statement by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company,, Allstate Property and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company,, Allstate Property and Casualty Insurance Company. (Pinzow, Lee) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16954256 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Allstate Fire and Casualty Insurance Company, Allstate Property and Casualty Insurance Company, Allstate Insurance Company,, Allstate Indemnity Company. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service, #3 Appendix, #4 Compendium of Exhibits) (Pinzow, Lee) |
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