Biodiagnostic Labs, Inc v. EmblemHealth, Inc. et al
| Biodiagnostic Labs, Inc |
| EmblemHealth, Inc. and EmblemHealth Plan, Inc. |
| 1:2023cv09605 |
| December 31, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question: Insurance Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 Letter Joint letter pursuant to this Courts Mandatory Requirements for Initial Status Conference by Biodiagnostic Labs, Inc (Tolchin, Robert) |
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)
|
|
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)
|
| 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) |
|
ORDER granting in part and denying in part #9 . Defendants can have until 3/27/2024 to answer because "[i]n truth, the answer in a civil action is the most useless paper in the courthouse." Alexander By and Through Alexander v. Richardson-Merrell Inc., 541 F.Supp. 93, 94 (S.D.N.Y. 1982). But this Court does not stay cases for settlement discussions because the parties are free to settle whenever they wish. The Initial Status Conference set for 3/1/2024 will go forward and the parties can expect to be placed on a prompt discovery schedule at that conference. Ordered by Judge Brian M. Cogan on 2/15/2024. (PW)
|
| Filing 9 Letter MOTION for Extension of Time to File Answer re #2 Amended Complaint, #6 Scheduling Order,, / Letter Motion Requesting Extension of Time to Respond to Complaint and Adjournment of Conference by EmblemHealth Plan, Inc., EmblemHealth, Inc.. (Galeno, Maria) |
|
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)
|
| Filing 8 SUMMONS Returned Executed by Biodiagnostic Labs, Inc. EmblemHealth Plan, Inc. served on 1/4/2024, answer due 1/25/2024. (Tolchin, Robert) |
| Filing 7 SUMMONS Returned Executed by Biodiagnostic Labs, Inc. EmblemHealth, Inc. served on 1/4/2024, answer due 1/25/2024. (Tolchin, Robert) |
|
Filing 6
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)
|
| Case Reassigned to Judge Brian M. Cogan. Judge Allyne R. Ross, Magistrate Judge Lois Bloom 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 5 Summons Issued as to EmblemHealth Plan, Inc., EmblemHealth, Inc.. (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Lois Bloom. 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 2 AMENDED COMPLAINT against All Defendants, filed by Biodiagnostic Labs, Inc. (Tolchin, Robert) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17417284 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Biodiagnostic Labs, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Tolchin, Robert) |
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.
