Bianco v. ADP TotalSource, Inc. et al
| Michael Bianco |
| ADP TotalSource, Inc. and Aetna Life Insurance Company |
| 1:2024cv01417 |
| February 26, 2024 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Joseph A Marutollo |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: An initial conference was held on April 18, 2024 before Magistrate Judge Joseph A. Marutollo. All counsel appeared. The parties briefly addressed Defendants' anticipated motion to dismiss #8 #9 . Plaintiff notes that he is not seeking leave to amend the Complaint. As this case is brought under Section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), the Court will not set a discovery schedule at this time. Instead, Defendants shall file a letter on May 3, 2024 indicating that they have produce the administrative record to Plaintiff. The parties shall file a joint status report on June 10, 2024. (FTR Log #3:38-3:58.) (EG) |
| Filing 11 Proposed Scheduling Order and Discovery Plan by ADP TotalSource, Inc., Aetna Life Insurance Company (Attachments: #1 Letter to Judge Marutollo) (Holzapfel, Michael) |
SCHEDULING ORDER: Due to a change in the Court's calendar, the April 8, 2024 in-person initial conference is rescheduled to April 18, 2024 at 3:30 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the proposed Discovery Plan and Scheduling Order and file it on ECF no later than April 10, 2024. 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 3/31/2024. (JAM)
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| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17708747 by ADP TotalSource, Inc., Aetna Life Insurance Company. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Holzapfel, Michael) |
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ORDER granting #10 Motion 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 they receive electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Joseph A. Marutollo on 3/26/2024. (EG)
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| Filing 9 REPLY in Opposition re #8 Letter of intention to file Motion to Dismiss filed by Michael Bianco. (Gottlieb, Michael) |
| Filing 8 Letter to advise the Court of their intention to move to dismiss the Complaint under Rule 12(b)(6) by ADP TotalSource, Inc., Aetna Life Insurance Company (Bhutani, Pooja) |
| Filing 7 NOTICE of Appearance by Pooja Bhutani on behalf of ADP TotalSource, Inc., Aetna Life Insurance Company (aty to be noticed) (Bhutani, Pooja) |
| Filing 6 SUMMONS Returned Executed by Michael Bianco. Aetna Life Insurance Company served on 3/1/2024, answer due 3/22/2024. (Gottlieb, Michael) |
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Filing 5
SCHEDULING ORDER: An in-person initial conference will be held on April 8, 2024 at 11:30 a.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 April 3, 2024. 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 2/27/2024. (Attachments: #1 Individual Practices and Rules) (EG)
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| Filing 4 Summons Issued as to ADP TotalSource, Inc., Aetna Life Insurance Company. (CV) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 2 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 (CV) |
| Filing 1 COMPLAINT against ADP TotalSource, Inc., Aetna Life Insurance Company filing fee $ 405, receipt number ANYEDC-17605830 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Michael Bianco. (Attachments: #1 Exhibit A - G, #2 Civil Cover Sheet, #3 Proposed Summons) (Gottlieb, Michael) |
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