Liberty Mutual Insurance Company et al v. New Arena PT, P.C. et al
| Liberty Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation, The First Liberty Insurance Corporation, LM Insurance Corporation, Liberty Mutual Mid-Atlantic Insurance Company, Liberty County Mutual Insurance Company, LM Property and Casualty Insurance Company, Safeco Company of Indiana and American States Insurance Company |
| New Arena PT, P.C., Mahmoud Abd El Raouf El Sayed, P.T., Future Rehab Physical Therapy, P.C.., Osama Saad Mostafa Alkassas, P.T., Gaetan Jean Marie Family Health NP, PLLC, South Shore Family Health NP, P.C., Gaetan Jean Marie, N.P., Twelve Steps Chiropractic, P.C., Arthur Patterson, D.C., Destiny Soto and John Doe Defendants 1-10 |
| 1:2024cv01646 |
| March 5, 2024 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Diane Gujarati |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 33 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Arthur Patterson, DC has failed to appear or otherwise defend this action, the default of defendant Arthur Patterson, DC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 32 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Twelve Steps Chiropractic, P.C. has failed to appear or otherwise defend this action, the default of defendant Twelve Steps Chiropractic, P.C. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 31 ANSWER to #1 Complaint,,,,,, by Destiny Soto. (Eisenberg, Lloyd) |
| Filing 30 Request for Certificate of Default by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (Attachments: #1 Affidavit in Support of Certificate of Default against Defendant Arthur Patterson, D.C., #2 Exhibit A-Certificate of Manpower/Military) (Wolff, Alexandra) |
| Filing 29 Request for Certificate of Default by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (Attachments: #1 Affidavit in Support of Certificate of Default against Defendant Twelve Steps Chiropractic, P.C.) (Wolff, Alexandra) |
| Filing 28 ANSWER to #1 Complaint,,,,,, by Osama Saad Mostafa Alkassas, PT, Mahmoud Abd El Raouf El Sayed, PT, Future Rehab Physical Therapy, P.C.., New Arena PT, P.C.. (Lundgren, Kurt) |
ORDER granting #27 Motion to Adjourn Conference. The in person initial conference previously scheduled for 5/9/2024 is adjourned and converted to a telephonic initial conference on 5/23/2024 at 3:00 p.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Parties are directed to call (toll free) 833-990-9400 and enter Meeting ID 709-478-501#. The deadline to submit the Proposed Scheduling Order is extended to 5/21/2024. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 4/23/2024. (SGC)
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| Filing 27 Joint MOTION to Adjourn Conference "Joint request to adjourn the initial conference scheduled on May 9, 2024." by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation. (Wolff, Alexandra) |
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Filing 26
SCHEDULING ORDER: An in person initial conference will be held on 5/9/2024 at 11:00 a.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Counsel for all parties must attend. Counsel for plaintiffs are directed to immediately confirm this conference date and time with defendants' counsel. Counsel is directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 5/7/2024. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/10/2024. (SGC)
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| Filing 25 ANSWER to #1 Complaint,,,,,, by Gaetan Jean Marie Family Health NP, PLLC, Gaetan Jean Marie, NP, South Shore Family Health NP, P.C.. (Harfenist, Steven) |
| Filing 24 STIPULATION re #3 Summons Issued, #1 Complaint,,,,,, by Osama Saad Mostafa Alkassas, PT, Mahmoud Abd El Raouf El Sayed, PT, Future Rehab Physical Therapy, P.C.., New Arena PT, P.C. (Lundgren, Kurt) |
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ORDER TO ANSWER re #24 Stipulation. The parties' Stipulation is so ordered. Defendants Osama Saad Mostafa Alkassas, P.T., New Arena PT, P.C., Future Rehab Physical Therapy, P.C., Mahmoud Abd El Raouf El Sayed, P.T. shall answer, move, or otherwise respond to the complaint by 4/30/2024. Any party wishing to file a dispositive motion should consult District Judge Diane Gujarati's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/9/2024. (JDP)
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| Filing 23 Joint MOTION for Extension of Time to File Answer re #1 Complaint,,,,,, Defendant Destiny Soto time to answer Plaintiffs' Complaint is extended to April 30, 2024. by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation. (Tiscione, Frank) |
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ORDER granting #23 Motion for Extension of Time to Answer. Defendant Destiny Soto shall answer, move, or otherwise respond to the complaint by 4/30/2024. Any party wishing to file a dispositive motion should consult District Judge Diane Gujarati's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/1/2024. (SGC)
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| Filing 22 NOTICE of Appearance by Ruya Carton on behalf of Destiny Soto (aty to be noticed) (Carton, Ruya) |
| Filing 21 NOTICE of Appearance by Lloyd M. Eisenberg on behalf of Destiny Soto (aty to be noticed) (Eisenberg, Lloyd) |
| Filing 20 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. South Shore Family Health NP, P.C. served on 3/20/2024, answer due 4/10/2024. (Levy, Barry) |
| Filing 19 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. New Arena PT, P.C. served on 3/20/2024, answer due 4/10/2024. (Levy, Barry) |
| Filing 18 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. Gaetan Jean Marie Family Health NP, PLLC served on 3/20/2024, answer due 4/10/2024. (Levy, Barry) |
| Filing 17 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. Future Rehab Physical Therapy, P.C.. served on 3/20/2024, answer due 4/10/2024. (Levy, Barry) |
| Filing 16 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. Twelve Steps Chiropractic, P.C. served on 3/20/2024, answer due 4/10/2024. (Levy, Barry) |
| Filing 15 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. Mahmoud Abd El Raouf El Sayed, PT served on 3/21/2024, answer due 4/11/2024. (Levy, Barry) |
| Filing 14 NOTICE of Appearance by Neil S. Torczyner on behalf of Gaetan Jean Marie Family Health NP, PLLC, Gaetan Jean Marie, NP, South Shore Family Health NP, P.C. (aty to be noticed) (Torczyner, Neil) |
| Filing 13 NOTICE of Appearance by Kurt E. Lundgren on behalf of Osama Saad Mostafa Alkassas, PT, Mahmoud Abd El Raouf El Sayed, PT, Future Rehab Physical Therapy, P.C.., New Arena PT, P.C. (aty to be noticed) (Lundgren, Kurt) |
| Filing 12 NOTICE of Appearance by Steven J. Harfenist on behalf of Gaetan Jean Marie Family Health NP, PLLC, Gaetan Jean Marie, NP, South Shore Family Health NP, P.C. (aty to be noticed) (Harfenist, Steven) |
| Filing 11 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. Gaetan Jean Marie, NP served on 3/11/2024, answer due 4/1/2024. (Levy, Barry) |
| Filing 10 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. Arthur Patterson, DC served on 3/15/2024, answer due 4/5/2024. (Levy, Barry) |
| Filing 9 SUMMONS Returned Executed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. Osama Saad Mostafa Alkassas, PT served on 3/9/2024, answer due 4/1/2024. (Levy, Barry) |
| Filing 8 NOTICE of Appearance by Alexandra Wolff on behalf of American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (aty to be noticed) (Wolff, Alexandra) |
| Filing 7 NOTICE of Appearance by Frank Peter Tiscione, Jr on behalf of American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (aty to be noticed) (Tiscione, Frank) |
| Filing 6 NOTICE of Appearance by Michael A. Sirignano on behalf of American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation (aty to be noticed) (Sirignano, Michael) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 4 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 (SDM) |
| Filing 3 Summons Issued as to Osama Saad Mostafa Alkassas, PT, Mahmoud Abd El Raouf El Sayed, PT, Future Rehab Physical Therapy, P.C.., Gaetan Jean Marie Family Health NP, PLLC, Gaetan Jean Marie, NP, New Arena PT, P.C., Arthur Patterson, DC, Destiny Soto, South Shore Family Health NP, P.C., Twelve Steps Chiropractic, P.C.. (SDM) |
| Filing 2 Corporate Disclosure Statement by American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation identifying Corporate Parent Liberty Mutual Insurance Company for American States Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance Company, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Safeco Company of Indiana, The First Liberty Insurance Corporation. (Levy, Barry) |
| Filing 1 COMPLAINT against Osama Saad Mostafa Alkassas, PT, Mahmoud Abd El Raouf El Sayed, PT, Future Rehab Physical Therapy, P.C.., Gaetan Jean Marie Family Health NP, PLLC, Gaetan Jean Marie, NP, John Doe Defendants 1-10, New Arena PT, P.C., Arthur Patterson, DC, Destiny Soto, South Shore Family Health NP, P.C., Twelve Steps Chiropractic, P.C. filing fee $ 405, receipt number ANYEDC-17635402 Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, Safeco Company of Indiana, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, American States Insurance Company, LM Insurance Corporation. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons and Rider, #3 Exhibit 1 - Representative Sample of Fraudulent Claims Identified to Date - New Arena PT, P.C., #4 Exhibit 2 - Representative Sample of Fraudulent Claims Identified to Date - Future Rehab Physical Therapy, P.C., #5 Exhibit 3 - Representative Sample of Fraudulent Claims Identified to Date - Gaetan Jean Marie Family Health NP PLLC, #6 Exhibit 4 - Representative Sample of Fraudulent Claims Identified to Date - South Shore Family Health NP, P.C., #7 Exhibit 5 - Representative Sample of Fraudulent Claims Identified to Date - Twelve Steps Chiropractic, P.C.) (Levy, Barry) |
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