Stich v. Blue Cross of New York et. al.
| Steven Stich |
| Blue Cross Blue Shield of Minnesota and Blue Cross of New York |
| 2:2019cv01093 |
| February 24, 2019 |
| US District Court for the Eastern District of New York |
| Steven Tiscione |
| Eric N Vitaliano |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
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ORDER: Plaintiff has not responded to defendants' letters at #9 and #10 . However, having reviewed defendants' papers, the Court concludes that a pre-motion conference is unnecessary. Defendants may proceed with the motions to dismiss. The parties are directed to file a joint proposed briefing schedule by May 6, 2019. Ordered by Judge Eric N. Vitaliano on 4/24/2019. (Syed, Sofie)
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ORDER: The pre-motion telephone conference originally set for April 24, 2019 is adjourned sine die. Plaintiff shall file any response to defendants' letters at #9 and #10 by April 23, 2019. Ordered by Judge Eric N. Vitaliano on 4/9/2019. (Syed, Sofie)
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| Filing 11 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 a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Marziliano, August) |
| Case Reassigned to Judge Eric N. Vitaliano and Magistrate Judge Steven Tiscione. Judge Joseph F. Bianco, Magistrate Judge Steven I. Locke 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. (Marziliano, August) |
| Filing 10 MOTION for pre motion conference re Order on Motion for Pre Motion Conference,, by Blue Cross Blue Shield of Minnesota. (Martin, Thomas) |
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ORDER granting #10 Motion for Pre Motion Conference. The Court has received the defendant's letter requesting that the pre-motion conference currently scheduled for April 15, 2019 be rescheduled. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Wednesday, April 24, 2019 at 11:00 a.m. At that time, counsel for defendant shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/2/2019. (Allen, John)
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| Filing 9 Letter MOTION for pre motion conference in anticipation of moving to dismiss the Complaint, pursuant to FRCP 12 by Blue Cross of New York. (Wolfson, Howard) |
| Filing 8 Corporate Disclosure Statement by Blue Cross of New York identifying Corporate Parent Anthem, Inc. for Blue Cross of New York. (Wolfson, Howard) |
| Filing 7 NOTICE of Appearance by Joaquin Javier Ezcurra on behalf of Blue Cross of New York (aty to be noticed) (Ezcurra, Joaquin) |
| Filing 6 NOTICE of Appearance by Thomas A. Martin on behalf of Blue Cross Blue Shield of Minnesota (aty to be noticed) (Martin, Thomas) |
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ORDER granting #9 Motion for Pre Motion Conference. The Court has received the defendant's letter requesting a pre-motion conference in anticipation of moving to dismiss the complaint. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Monday, April 15, 2019 at 3:00 p.m. At that time, counsel for defendant shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/28/2019.(Allen, John)
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| Filing 5 Summons Issued as to Blue Cross Blue Shield of Minnesota, Blue Cross of New York. (Flanagan, Doreen) |
| Filing 4 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 a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, Filing Fee Received, Incorrect Case/Document/Entry Information., Incorrect Case/Document/Entry Information., Incorrect Case/Document/Entry Information. by Steven Stich (Attachments: #1 Civil Cover Sheet) (DiGirolomo, Alfred) Modified on 2/27/2019 (Flanagan, Doreen). |
| A Civil Cover Sheet was not filed - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Incorrect Case/Document Entry Information. Added missing Defendants to the case. Deleted Document Entry No. 1 (Proposed Summons, Complaint and Exhibits), initially filed as against Plaintiff. Separated Proposed Summons from Complaint and re-entered all documents as against all Defendants. (Flanagan, Doreen) |
| Proposed Summons is rejected; the form that is on the Court's website is to be utilized; Counsel is advised to submit another proposed summons in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by Steven Stich. (Attachments: #1 Exhibit Court Decision and Order, #2 Exhibit Copy of Check, #3 Proposed Summons) (Flanagan, Doreen) Modified on 2/27/2019 (Flanagan, Doreen). |
| FILING FEE: $ 400.00, receipt number ANYEDC-11226536 (Flanagan, Doreen) |
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