Jeffrey Farkas, M.D., LLC v. United Healthcare Insurance Company et al
| Jeffrey Farkas, M.D., LLC |
| United Healthcare Insurance Company and Oxford Health Insurance, Inc. |
| 1:2023cv09007 |
| December 7, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Joseph A Marutollo |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 Letter from parties regarding consolidation of cases by Jeffrey Farkas, M.D., LLC (Gottlieb, Michael) |
| Filing 16 REPLY in Opposition re #15 Letter MOTION for pre motion conference re #1 Notice of Removal, : Defendant's Anticipated Motion to Dismiss the Amended Complaint filed by Jeffrey Farkas, M.D., LLC. (Gottlieb, Michael) |
ORDER: Having reviewed Defendants' #1 Notice of Removal and Plaintiff's underlying state court complaints attached thereto, the Court finds that Defendants have 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 Defendants, 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 law claims against Defendants (see 28 U.S.C. Section 1367). In addition, the Court notes that Plaintiff has a different, earlier-filed case pending before this Court, which, like the current case, also arises under ERISA, even though the defendants in the two cases are different. See Jeffrey Farkas, M.D., LLC v. NY Quality Healthcare Corp. et al, 23-CV-5550 (PKC) (PK). The parties shall advise the Court by 1/29/2024 whether they believe the two actions should be consolidated. Lastly, the Court is in receipt of Defendants' #15 letter motion requesting a pre-motion conference on their anticipated motion to dismiss. Pursuant to this Court's Individual Rule 3.A., Plaintiff shall respond to the #15 letter by 1/29/2024. Ordered by Judge Pamela K. Chen on 1/22/2024. (YW)
|
| Filing 15 Letter MOTION for pre motion conference re #1 Notice of Removal, : Defendant's Anticipated Motion to Dismiss the Amended Complaint by Oxford Health Insurance, Inc., United Healthcare Insurance Company. (Attachments: #1 Exhibit A - Plan Documents - REDACTED, #2 Exhibit B - Network exception letter - REDACTED) (Mazzola, Matthew) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Joseph A. Marutollo. Magistrate Judge Joseph A. Marutollo no longer assigned as presider to the case. 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. (MS) |
|
ORDER denying #11 Motion for Pre Motion Conference, without prejudice to renewal. In light of the forthcoming assignment of a district judge, the Court orders that Defendants re-file their application consistent with the newly-assigned district judge's individual practices. Ordered by Magistrate Judge Joseph A. Marutollo on 1/11/2024. (JAM)
|
|
ORDER denying #13 Motion to Appear by Telephone/Video - In light of the anticipated motion practice and the newly-assigned district judge, the January 19, 2024 conference is adjourned sine die. The parties shall file a joint status report by January 29, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 1/11/2024. (JAM)
|
| Filing 14 Proposed Scheduling Order and Discovery Plan by Oxford Health Insurance, Inc., United Healthcare Insurance Company (Mazzola, Matthew) |
| Filing 13 Letter MOTION to Appear by Telephone/Video in connection with the January 19, 2024 Rule 16 Conference and Response to the Court's January 8, 2024 Order by Oxford Health Insurance, Inc., United Healthcare Insurance Company. (Mazzola, Matthew) |
| Filing 12 REPLY in Opposition re #11 Letter MOTION for pre motion conference in connection with Defendants' anticipated Motion to Dismiss Plaintiff's Complaint filed by Jeffrey Farkas, M.D., LLC. (Gottlieb, Michael) |
|
ORDER: Plaintiff is directed to file a letter by Wednesday, January 10, 2024, indicating whether the parties consent to Magistrate Judge jurisdiction. Any party may withhold its consent without adverse substantive consequences. As set forth in #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, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Docket Entry #5 provides a blank copy of the consent form that should be filled out, signed, and filed electronically if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Ordered by Magistrate Judge Joseph A. Marutollo on 1/8/2024. (EG)
|
| Filing 11 Letter MOTION for pre motion conference in connection with Defendants' anticipated Motion to Dismiss Plaintiff's Complaint by Oxford Health Insurance, Inc., United Healthcare Insurance Company. (Attachments: #1 Exhibit A-Plan Documents (redacted), #2 Exhibit B-Network Exception Letter(redacted)) (Mazzola, Matthew) |
| Filing 10 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, Request for an Extension of Time to Respond to the Amended Complaint, on Consent, by Oxford Health Insurance, Inc., United Healthcare Insurance Company. (Mazzola, Matthew) |
|
ORDER granting #10 Motion for Extension of Time to Answer re #10 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, Request for an Extension of Time to Respond to the Amended Complaint, on Consent, Oxford Health Insurance, Inc. answer due 1/5/2024; United Healthcare Insurance Company answer due 1/5/2024. Ordered by Magistrate Judge Joseph A. Marutollo on 12/27/2023. (JAM)
|
| Filing 9 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) |
| CASE REFERRED to Arbitration. (RC) |
|
ORDER granting #8 Motion to Adjourn Conference( Initial Conference set for 1/19/2024 10:30 AM in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo.); granting #8 Motion for Extension of Time to File. The initial conference will be held, in-person, on January 19, 2024 at 10:30 a.m. The proposed Discovery Plan and Scheduling Order shall be filed by January 12, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 12/15/2023. (JAM)
|
| Filing 8 Letter MOTION to Adjourn Conference scheduled for December 21, 2023, Letter MOTION for Extension of Time to File Discovery Plan and Scheduling Order by Oxford Health Insurance, Inc., United Healthcare Insurance Company. (Mazzola, Matthew) |
| Filing 7 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, Request for an Extension of Time to Respond to the Complaint by Oxford Health Insurance, Inc., United Healthcare Insurance Company. (Mazzola, Matthew) |
|
ORDER granting #7 Motion for Extension of Time to Answer re #7 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, Request for an Extension of Time to Respond to the Complaint All Defendants shall answer or otherwise respond to the Complaint by 12/29/23. The initial conference remains scheduled for December 21, 2023, along with all other pertinent deadlines. Ordered by Magistrate Judge Joseph A. Marutollo on 12/12/2023. (JAM)
|
|
Filing 6
SCHEDULING ORDER: An in-person initial conference will be held on December 21, 2023 at 1:00 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than December 16, 2023. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 12/11/2023. (Attachments: #1 Individual Practices and Rules) (EG)
|
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| Case Assigned to Magistrate Judge Joseph A. Marutollo. 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. (AF) |
| 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. (AF) |
| Filing 4 CERTIFICATE OF SERVICE by Oxford Health Insurance, Inc., United Healthcare Insurance Company re #1 Notice of Removal, (Mazzola, Matthew) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Notice of Removal, by Oxford Health Insurance, Inc., United Healthcare Insurance Company (Mazzola, Matthew) |
| Notice: Re: Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - specifically on page 2 the NY-E Division of Business Rule 1(c) section of the document; Question 1 indicates Yes; However, this is not a removal from NYS Court located in Nassau or Suffolk County; Counsel is directed to submit a corrected Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Filing 1 NOTICE OF REMOVAL by Oxford Health Insurance, Inc., United Healthcare Insurance Company from Supreme Court of the State of New York-County of Nassau, case number Index No. 523667/2023. ( Filing fee $ 405 receipt number ANYEDC-17357144) (Attachments: #1 Exhibit A-Amended State Court Complaint, #2 Exhibit B-State Court Filings, #3 Civil Cover Sheet) (Mazzola, Matthew) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
