State Farm Mutual Automobile Insurance Company et al v. ENS Medical, P.C. et al
| State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company |
| ENS Medical, P.C., Atlantic Medical Care, P.C., Northern Medical Care, P.C., Queens Medical Diagnostic P.C., East Coast Medical Care, P.C., Garden Medical Care, P.C., Town Medical Care, P.C., Terrace Medical Care P.C., Go Medical, P.C., Omar Ahmed, M.D., Yong Chi, M.D., Delys Eva St. Hill, M.D. and Phyllis Gelb, M.D. |
| 1:2023cv06937 |
| September 19, 2023 |
| US District Court for the Eastern District of New York |
| Orelia E Merchant |
| Vera M Scanlon |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 Letter To The Honorable Orelia E. Merchant, From Matthew R. Ryan, In Response to November 15, 2023 Order; Filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (Ryan, Matthew) |
| Filing 36 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Omar Ahmed, M.D. served on 11/16/2023, answer due 12/7/2023. (Ryan, Matthew) |
| Filing 35 AFFIDAVIT of Service for Summons, Complaint and Motion Papers (AMENDED), served on Omar Ahmed, M.D. on 10/16/2023, filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Ryan, Matthew) |
| Filing 34 NOTICE of Appearance by Michael Kevin Kelly on behalf of Phyllis Gelb, M.D., Town Medical Care, P.C. (aty to be noticed) (Kelly, Michael) |
ORDER: The preliminary injunction hearing scheduled on November 16, 2023, at 1:30 P.M. is hereby adjourned without date. Plaintiff is directed to file a letter, not to exceed three (3) pages, by November 17, 2023, providing any legal authority to support its contention that each Defendant has had sufficient notice regarding plaintiff's motion for preliminary injunction pursuant to Fed.R.Civ.P. 65(a)(1).Ordered by Judge Orelia E. Merchant on 11/15/2023. (GM)
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| Filing 33 NOTICE of Appearance by Michael A. Zimmerman on behalf of Phyllis Gelb, M.D., Town Medical Care, P.C. (notification declined or already on case) (Zimmerman, Michael) |
| Filing 32 Letter From Matthew R. Ryan To The Hon. Orelia E. Merchant, Dated 11/13/23 Re: Status Regarding Service On Defendants. Filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit A) (Ryan, Matthew) |
| Filing 31 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Yong Chi, M.D. served on 10/20/2023, answer due 11/10/2023. (Marks, Jonathan) |
| Filing 30 Letter From Matthew R. Ryan To The Hon. Orelia E. Merchant, Dated 10/23/23 Re: Status Letter on Compliance with October 6, 2023 Order. Filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (Ryan, Matthew) |
| Filing 29 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Omar Ahmed, M.D. served on 10/16/2023, answer due 11/6/2023. (Marks, Jonathan) |
| Filing 28 NOTICE of Appearance by Britt DeVaney on behalf of State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (notification declined or already on case) (DeVaney, Britt) |
| Filing 27 NOTICE of Appearance by Matthew R. Ryan on behalf of State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (notification declined or already on case) (Ryan, Matthew) |
| Filing 26 NOTICE of Appearance by John Frawley on behalf of State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (notification declined or already on case) (Frawley, John) |
| Filing 25 NOTICE of Appearance by Naomi Trainer on behalf of Phyllis Gelb, M.D., Town Medical Care, P.C. (notification declined or already on case) (Trainer, Naomi) |
| Filing 24 NOTICE of Appearance by Michael A. Zimmerman on behalf of Phyllis Gelb, M.D., Town Medical Care, P.C. (aty to be noticed) (Zimmerman, Michael) |
| Filing 23 First MOTION for Extension of Time to File Answer by Phyllis Gelb, M.D., Town Medical Care, P.C.. (Trainer, Naomi) |
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2023. (JR)
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2023. (JR)
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ORDER granting consent #23 Motion for Extension of Time to Answer. Defendants Phyllis Gelb, M.D. and Town Medical Care, P.C. are to respond to the complaint by 11/15/2023. All other deadlines remain unchanged. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2023. (JR)
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ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2023. (JR)
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Order GRANTING #22 Letter MOTION for Extension of Time to File/ Serve all Defendants and resetting the briefing schedule and preliminary injunction hearing. Plaintiffs must serve all Defendants on or by October 16, 2023, with a copy of the TRO Order dated 9/21/23, Motion Papers, and this Order, which contains a new hearing date and a new briefing schedule. The Court resets the preliminary injunction motion briefing schedule as follows: Defendants answering papers are to be filed and served by October 30, 2023, and reply papers, if any, to be filed and served by November 6, 2023. The Preliminary injunction hearing will now take place on November 16, 2023, at 1:30 PM in Courtroom 6C South before Judge Orelia E. Merchant. Ordered by Judge Orelia E. Merchant on 10/6/2023. (TPL)
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| Filing 22 Letter MOTION for Extension of Time to File /Serve All Defendants With Motion For A TRO, Preliminary Injunction Papers And Court Order. Filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Marks, Jonathan) |
| Filing 21 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Town Medical Care, P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 20 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Terrace Medical Care P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 19 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Queens Medical Diagnostic P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 18 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Phyllis Gelb, M.D. served on 9/26/2023, answer due 10/17/2023. (Marks, Jonathan) |
| Filing 17 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Northern Medical Care, P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 16 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Go Medical, P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 15 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Garden Medical Care, P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 14 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. ENS Medical, P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 13 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. East Coast Medical Care, P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
| Filing 12 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Delys Eva St. Hill, M.D. served on 9/26/2023, answer due 10/17/2023. (Marks, Jonathan) |
| Filing 11 SUMMONS Returned Executed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Atlantic Medical Care, P.C. served on 9/28/2023, answer due 10/19/2023. (Marks, Jonathan) |
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ORDER denying Plaintiffs' Motion for Temporary Restraining Order: On September 19, 2023, Plaintiffs moved at #2 for a temporary restraining order ("TRO") and a preliminary injunction. Plaintiffs' papers explicitly sought a TRO without notice to the named Defendants. See ECF No. 2 at 3 (asserting that "irreparable harm will result to Plaintiffs if a temporary restraining order is not issued before the Defendants can be heard in opposition."). Per the Federal Rules of Civil Procedure, a court "may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Rule 65(b)(1)(A). Additionally, this Districts Local Rules provide that "[n]o ex parte order... will be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why a procedure other than by notice of motion is necessary." Loc. Civ. R. 6.1(d). These "stringent restrictions" placed on ex parte temporary restraining orders "reflect the fact that our entire jurisprudence runs counter to the notion of court action taken before reasonable notice and an opportunity to be heard has been granted both sides of a dispute." Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers, 415 U.S. 423, 43839 (1974). Here, the declaration in support of Plaintiffs' ex parte motion for a TRO does not contain facts that establish a clear showing of imminent harm required under the relevant rules. See Declaration of Ken Davis in Support of Plaintiffs' Motion for Preliminary Injunction ("Davis Decl."), ECF 3-1. Plaintiffs' declarant, Ken Davis, merely states that: "Given the propensity of the [Defendants] to file state-court lawsuits and arbitrations seeking payment for their fraudulent services they have filed over 600 state-court lawsuits and/or arbitrations on fraudulent bills and I expect they will file more on the approximately $2.6 million Unpaid-Billed Amount the State Farm Companies urgently need injunctive relief to stay existing state-court lawsuits and arbitrations involving their fraudulent services and prevent the EDX Providers and Shockwave Therapy Providers from filing new state-court lawsuits and arbitrations involving their fraudulent services while this case is pending." ECF No. 3-1, ¶ 37. Other than speculation, Plaintiffs have not provided the Court with any specific facts that clearly show that further lawsuits are likely to occur before an order to show cause hearing. That is, upon the information in the Davis Decl. [3-1], the Plaintiffs have failed to show that there is a danger of immediate and irreparable injury, loss, or damage that certainly will result before the adverse party can be heard in opposition. Accordingly, Plaintiffs' motion for a temporary restraining order is DENIED. Further, it is hereby ORDERED that Defendants appear and show cause on October 25, 2023 at 11 a.m.: (1) why a preliminary injunction should not issue enjoining ENS Medical, P.C., Atlantic Medical Care, P.C., Northern Medical Care, P.C., Queens Medical Diagnostic P.C., East Coast Medical Care, P.C., Garden Medical Care, P.C., Town Medical Care, P.C., Terrace Medical Care, P.C., Go Medical, P.C., and Dr. Omar Ahmed (his employees, agents, or assigns) from continuing to litigate all arbitrations pending before the American Arbitration Association and all lawsuits pending in the State courts of New York against State Farm Mutual Automobile Insurance Company or State Farm Fire and Casualty Company (collectively, the "State Farm Companies") seeking no-fault insurance benefits for examinations, extracorporeal shockwave therapy treatment ("Shockwave Therapy"), and/or neurological examinations and electromyography ("EMGs") and nerve conduction velocity ("NCVs") tests (collectively, "EDX Test"); and (2) why a preliminary injunction should not issue enjoining ENS Medical, P.C., Atlantic Medical Care, P.C., Northern Medical Care, P.C., Queens Medical Diagnostic P.C., East Coast Medical Care, P.C., Garden Medical Care, P.C., Town Medical Care, P.C., Terrace Medical Care, P.C., Go Medical, P.C., and Dr. Omar Ahmed (his employees, agents, assigns, or any entity owned and/or controlled by Dr. Ahmed that purports to provide examinations, Shockwave Therapy, and/or EDX Tests) from commencing any new arbitrations before the American Arbitration Association or lawsuits in the State courts of New York against the State Farm Companies seeking no-fault insurance benefits for examinations, Shockwave Therapy, and/or EDX Tests during the pendency of this litigation; and it is further ORDERED that Plaintiffs serve a copy of this order and Plaintiffs' Motion for TRO and Preliminary Injunction papers upon Defendants on or before September 27, 2023, that Defendants file and serve any answering papers no later than October 11, 2023, and that any reply papers be filed and served no later than October 18, 2023. Ordered by Judge Orelia E. Merchant on 9/21/2023. (GM)
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| Filing 10 MOTION to Appear Pro Hac Vice for Britt R. DeVaney Filing fee $ 150, receipt number ANYEDC-17105121 by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Affidavit Of Britt R. DeVaney In Support, #2 Exhibit B - Certificate Of Good Standing, #3 Exhibit C - Proposed Order) (DeVaney, Britt) |
| Filing 9 MOTION to Appear Pro Hac Vice for John M. Frawley Filing fee $ 150, receipt number ANYEDC-17105002 by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Affidavit Of John M. Frawley In Support, #2 Exhibit B - Certificates Of Good Standing, #3 Exhibit C - Proposed Order) (Frawley, John) |
| Filing 8 MOTION to Appear Pro Hac Vice for Matthew R. Ryan Filing fee $ 150, receipt number ANYEDC-17104894 by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Affidavit Of Matthew R. Ryan In Support, #2 Exhibit B - Certificates Of Good Standing, #3 Exhibit C - Proposed Order) (Ryan, Matthew) |
| Filing 7 Summons Issued as to Omar Ahmed, M.D., Atlantic Medical Care, P.C., Yong Chi, M.D., ENS Medical, P.C., East Coast Medical Care, P.C., Garden Medical Care, P.C., Phyllis Gelb, M.D., Go Medical, P.C., Northern Medical Care, P.C., Queens Medical Diagnostic P.C., Delys Eva St. Hill, M.D., Terrace Medical Care P.C., Town Medical Care, P.C. (EG) |
| Filing 6 Proposed Summons. by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (Marks, Jonathan) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| 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. (CV) |
| Filing 3 MEMORANDUM in Support re #2 Notice of MOTION for Temporary Restraining Order and Preliminary Injunction. Filed filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1) (Marks, Jonathan) |
| Filing 2 Notice of MOTION for Temporary Restraining Order and Preliminary Injunction. Filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed Order Granting Temporary Restraining Order, #2 Proposed Order Granting Preliminary Injunction) (Marks, Jonathan) |
| Filing 1 COMPLAINT against Omar Ahmed, M.D., Atlantic Medical Care, P.C., Yong Chi, M.D., ENS Medical, P.C., East Coast Medical Care, P.C., Garden Medical Care, P.C., Phyllis Gelb, M.D., Go Medical, P.C., Northern Medical Care, P.C., Queens Medical Diagnostic P.C., Delys Eva St. Hill, M.D., Terrace Medical Care P.C., Town Medical Care, P.C. filing fee $ 402, receipt number ANYEDC-17099259 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30) (Marks, Jonathan) |
| Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the heading of the rider. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) |
| Case Assigned to Judge Orelia E. Merchant and Magistrate Judge Vera M. Scanlon. 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. Motions referred to Vera M. Scanlon. (CV) |
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