Biodiagnostic Labs, Inc v. Elevance Health, Inc. et al
| Biodiagnostic Labs, Inc |
| Elevance Health, Inc., Empire HealthChoice Assurance Inc., Empire Healthchoice HMO, Inc. and Health Care Service Corporation |
| 1:2023cv09571 |
| December 28, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MOTION for pre motion conference re #4 Amended Complaint by Health Care Service Corporation. (Giunta, Brian) |
| Filing 16 Letter Joint letter pursuant to this Courts Mandatory Requirements for Initial Status Conference by Biodiagnostic Labs, Inc (Tolchin, Robert) |
ORDER VACATING Order entered on 2/23/2024. Ordered by Judge Brian M. Cogan on 2/23/2024. Associated Cases: 1:23-cv-09570-BMC et al. (PW)
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ORDER re: #17 Letter Motion for premotion conference in case 1:23-cv-09570. The premotion conference is waived. Defendants' #17 letter is deemed to constitute defendants' motion to dismiss. Plaintiff will file its opposition by 2/28/2024. Oral argument on the proposed motion to dismiss will be held in conjunction with the Initial Status Conference set for 3/1/2024 at 10:00 am. All parties are reminded to submit a single summary letter giving a brief statement of the parties' positions prior to the conference and should be prepared to discuss a coordinated case management plan, including dates for depositions and other discovery at the conference. Ordered by Judge Brian M. Cogan on 2/23/2024. Associated Cases: 1:23-cv-09570-BMC et al. (PW)
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| NOTICE of Hearing: The Court will not hold oral argument on 3/1/2024 as previously ordered but will instead proceed with the Initial Status Conference which is reset to 3/6/2024 at 10:30 am. The parties are to use the video link provided by email. Associated Cases: 1:23-cv-09570-BMC et al. (PW) |
| Filing 15 SUMMONS Returned Executed by Biodiagnostic Labs, Inc. Health Care Service Corporation served on 1/4/2024, answer due 1/25/2024. (Tolchin, Robert) |
| Filing 14 Consent MOTION for Extension of Time to File Answer re #4 Amended Complaint by Elevance Health, Inc., Empire HealthChoice Assurance Inc., Empire Healthchoice HMO, Inc.. (Aaronson, Matthew) |
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ORDER granting #14 . Defendants Elevance Health, Inc., Empire HealthChoice Assurance Inc., Empire Healthchoice HMO, Inc. time to answer extended to 3/25/2024. This extension will not affect the parties' obligations to be prepared for and to comply with the Court's #9 Scheduling Order setting an Initial Status Conference which shall go forward as scheduled on 3/1/2024. Ordered by Judge Brian M. Cogan on 2/15/2024. (PW)
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| Filing 13 SUMMONS Returned Executed by Biodiagnostic Labs, Inc. Empire HealthChoice Assurance Inc. served on 2/7/2024, answer due 2/28/2024. (Tolchin, Robert) |
| Filing 12 SUMMONS Returned Executed by Biodiagnostic Labs, Inc. Elevance Health, Inc. served on 1/4/2024, answer due 1/25/2024. (Tolchin, Robert) |
| Filing 11 NOTICE of Appearance by Brian P. Giunta on behalf of Health Care Service Corporation (aty to be noticed) (Giunta, Brian) |
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ORDER. All defendants' time to answer is extended to 2/23/2024. Plaintiff is directed to promptly file proof of service of the summons and complaint on each defendant as soon as it is made. Ordered by Judge Brian M. Cogan on 1/11/2024. Associated Cases: 1:23-cv-09570-BMC et al. (PW)
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| Filing 10 SUMMONS Returned Executed by Biodiagnostic Labs, Inc. Empire Healthchoice HMO, Inc. served on 1/9/2024, answer due 1/30/2024. (Tolchin, Robert) |
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Filing 9
SCHEDULING ORDER: An Initial Status Conference by video is set for 3/1/2024 at 10:00 am. Prior to the conference, plaintiff's counsel and counsel for all defendants are directed to discuss the case and its management and will submit a single summary letter giving a brief statement of the parties' positions. At the conference the parties should be prepared to discuss a coordinated case management plan, including dates for depositions and other discovery. See attached mandatory requirements for the conference. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 1/8/2024. Associated Cases: 1:23-cv-09570-BMC et al. (PW)
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| Case Reassigned to Judge Brian M. Cogan. Magistrate Judge Joseph A. Marutollo no longer assigned 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. (AM) |
| Filing 8 Summons Issued as to Elevance Health, Inc., Empire HealthChoice Assurance Inc., Empire Healthchoice HMO, Inc., Health Care Service Corporation. (KD) |
| Filing 7 Proposed Summons. by Biodiagnostic Labs, Inc (Tolchin, Robert) |
| 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 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. (KD) |
| 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. (KD) |
| Your proposed summons was not issued for one of the following reasons: The name on the summons does not match the name as it appears on the complaint. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 4 AMENDED COMPLAINT against All Defendants, filed by Biodiagnostic Labs, Inc. (Tolchin, Robert) |
| Filing 3 DEMAND for Trial by Jury by Biodiagnostic Labs, Inc (Tolchin, Robert) |
| Filing 2 Proposed Summons. by Biodiagnostic Labs, Inc (Tolchin, Robert) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17416090 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Biodiagnostic Labs, Inc. (Attachments: #1 Civil Cover Sheet) (Tolchin, Robert) |
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