Government Employees Insurance Company, et al v. Khanan et al
| Government Employees Insurance Company,, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| David G. Khanan, M.D., Total Wellness & Medical Health, P.C., New York Pain Medicine Associate, PLLC, Didier Demesmin, M.D., University Pain Medicine Center, LLC and Stemmee, LLC |
| 1:2023cv06191 |
| August 17, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Allyne R Ross |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 Letter MOTION to Vacate #33 Clerk's Entry of Default, #32 Clerk's Entry of Default, #31 Clerk's Entry of Default, #30 Clerk's Entry of Default, and, Letter MOTION for Extension of Time to File Answer re #8 Amended Complaint,,, by Didier Demesmin, MD, New York Pain Medicine Associate, PLLC, Stemmee, LLC, University Pain Medicine Center, LLC. (Attachments: #1 Proposed Order) (Carroll, Shannon) |
| Filing 35 NOTICE of Appearance by Shannon Carroll on behalf of Didier Demesmin, MD, New York Pain Medicine Associate, PLLC, Stemmee, LLC, University Pain Medicine Center, LLC (aty to be noticed) (Carroll, Shannon) |
| Filing 34 NOTICE of Appearance by Keith J. Roberts on behalf of Didier Demesmin, MD, New York Pain Medicine Associate, PLLC, Stemmee, LLC, University Pain Medicine Center, LLC (aty to be noticed) (Roberts, Keith) |
| Filing 33 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Didier Demesmin, MD has failed to appear or otherwise defend this action, the default of defendant Didier Demesmin, MD is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 32 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant University Pain Medicine Center, LLC has failed to appear or otherwise defend this action, the default of defendant University Pain Medicine Center, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 31 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant New York Pain Medicine Associate, PLLC has failed to appear or otherwise defend this action, the default of defendant New York Pain Medicine Associate, PLLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 30 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Stemmee, LLC has failed to appear or otherwise defend this action, the default of defendant Stemmee, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 29 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 Didier Demesmin, M.D., #2 Exhibit A-Certificate of Manpower/Military) (Haq, Qasim) |
| Filing 28 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 University Pain Medicine Center, LLC) (Haq, Qasim) |
| Filing 27 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 New York Pain Medicine Associate, PLLC) (Haq, Qasim) |
| Filing 26 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 Stemmee, LLC) (Haq, Qasim) |
Filing 25
RESCHEDULING ORDER: The in-person initial conference scheduled for 12/08/2023 at 11:30AM is adjourned to 12/08/2023 at 10:30AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 12/01/2023, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 09/18/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (RC)
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| Filing 24 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. Total Wellness & Medical Health, P.C. served on 9/5/2023, answer due 10/16/2023. (Gershenoff, Max) |
| Filing 23 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. New York Pain Medicine Associate, PLLC served on 9/5/2023, answer due 9/26/2023. (Gershenoff, Max) |
| Filing 22 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. Stemmee, LLC served on 9/6/2023, answer due 9/27/2023. (Gershenoff, Max) |
| Filing 21 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. Didier Demesmin, MD served on 9/6/2023, answer due 9/27/2023. (Gershenoff, Max) |
| Filing 20 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. David G. Khanan, MD served on 9/7/2023, answer due 10/16/2023. (Gershenoff, Max) |
| Filing 19 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. University Pain Medicine Center, LLC served on 9/6/2023, answer due 9/27/2023. (Gershenoff, Max) |
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Filing 18
SCHEDULING ORDER: An in-person initial conference will be held on 12/07/2023 at 11:30AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 11/30/2023, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 09/08/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (RC)
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ORDER granting #15 : The deadline for Defendants Total Wellness & Medical Health, P.C., and David G. Khanan, M.D., to answer or otherwise respond to the Complaint is extended to 10/16/2023. So Ordered by Magistrate Judge Marcia M. Henry on 09/06/2023. (MY)
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| Filing 17 NOTICE of Appearance by Howard J. Stern on behalf of Total Wellness & Medical Health, P.C. (aty to be noticed) (Stern, Howard) |
| Filing 16 NOTICE of Appearance by Howard J. Stern on behalf of David G. Khanan, MD (aty to be noticed) (Stern, Howard) |
| Filing 15 STIPULATION Extending Time to Answer by Total Wellness & Medical Health, P.C. (Stern, Howard) Modified on 9/6/2023 to change event type (MY). |
| Filing 14 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. University Pain Medicine Center, LLC served on 8/21/2023, answer due 9/11/2023. (Gershenoff, Max) |
| Filing 13 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. Total Wellness & Medical Health, P.C. served on 8/21/2023, answer due 9/11/2023. (Gershenoff, Max) |
| Filing 12 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. Stemmee, LLC served on 8/21/2023, answer due 9/11/2023. (Gershenoff, Max) |
| Filing 11 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. New York Pain Medicine Associate, PLLC served on 8/21/2023, answer due 9/11/2023. (Gershenoff, Max) |
| Filing 10 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. Didier Demesmin, MD served on 8/21/2023, answer due 9/11/2023. (Gershenoff, Max) |
| Filing 9 SUMMONS Returned Executed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. David G. Khanan, MD served on 8/23/2023, answer due 9/13/2023. (Gershenoff, Max) |
| Filing 8 AMENDED COMPLAINT against Didier Demesmin, MD, David G. Khanan, MD, New York Pain Medicine Associate, PLLC, Stemmee, LLC, Total Wellness & Medical Health, P.C., University Pain Medicine Center, LLC, filed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company,. (Attachments: #1 Exhibit 1- Representative Sample of New York Pain Medicine Associate, PLLC Fraudulent Claims Identified to Date, #2 Exhibit 2 - Representative Sample of University Pain Medicine Center, LLC Fraudulent Claims Identified to Date, #3 Exhibit 3 - Representative Sample of Stemmee, LLC Fraudulent Claims Identified to Date, #4 Exhibit 4 - Representative Sample of Total Wellness Medical Health, P.C. Fraudulent Claims Identified to Date) (Gershenoff, Max) |
| Filing 7 NOTICE of Appearance by Qasim Ikram Haq on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company, (aty to be noticed) (Haq, Qasim) |
| Filing 6 NOTICE of Appearance by Barry I. Levy on behalf of GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company, (aty to be noticed) (Levy, Barry) |
| 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 All Defendants. (SR) |
| Filing 2 Corporate Disclosure Statement by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company, identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent GEICO Corporation for GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company,. (Gershenoff, Max) |
| Filing 1 COMPLAINT against Didier Demesmin, MD, David G. Khanan, MD, New York Pain Medicine Associate, PLLC, Stemmee, LLC, Total Wellness & Medical Health, P.C., University Pain Medicine Center, LLC filing fee $ 402, receipt number ANYEDC-17000016 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 New York Pain Medicine Associate, PLLC Fraudulent Claims Identified to Date, #4 Exhibit 2- Representative Sample of University Pain Medicine Center, LLC Fraudulent Claims Identified to Date, #5 Exhibit 3- Representative Sample of Stemmee, LLC Fraudulent Claims Identified to Date, #6 Exhibit 4- Representative Sample of Total Wellness Medical Health, P.C. Fraudulent Claims Identified to Date) (Gershenoff, Max) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Marcia M. Henry. 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) |
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