Sagramsingh v. International Union of Operating Engineers Local 15 Welfare Fund et al
| Stefan Sagramsingh |
| International Union of Operating Engineers Local 15 Welfare Fund, Empire Blue Cross Blue Shield, John and Jane Does 1-10 and ABC Corporations 1-10 |
| 2:2019cv04627 |
| August 12, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1131 ERISA - Collection of Delinquent Trust Fun |
| None |
Docket Report
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| Filing 22 MOTION to Withdraw as Attorney Plaintiff's Request to Withdraw Appearance of Aaron Mitchell as Co-Counsel to Nan Geist Faber, P.C. by Stefan Sagramsingh. (Faber, Nan) |
| Minute Entry and Order for oral argument on defendants' motions to dismiss held on 10/10/2019 before Judge Brian M. Cogan. Counsel for plaintiff appeared. Counsel for defendants International Union of Operating Engineers Local 15 Welfare Fund and Empire Blue Cross Blue Shield appeared. Decision reserved. By 10/17/2019, parties shall file a joint letter updating the Court regarding plaintiff's decision to amend the complaint and Local 15 Welfare Fund's decision to withdraw all or part of its motion to dismiss. See transcript for details. (Court Reporter: Georgette Betts.) (Clarke, Melonie) |
| Set/Reset Hearing TIME: Oral Argument previously set at 10:45 am on 10/10/2019 is reset to 5:30 pm in Courtroom 8D South. (Weisberg, Peggy) |
| Filing 21 Corporate Disclosure Statement by Empire Blue Cross Blue Shield identifying Corporate Parent Anthem, Inc. for Empire Blue Cross Blue Shield. (Lin, Alvin) |
| Filing 20 MEMORANDUM in Opposition re #19 Letter MOTION for pre motion conference re #1 Complaint (Pre-Motion Letter of Defendant Blue Cross Blue Shield), #17 Affidavit, filed by Stefan Sagramsingh. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Faber, Nan) |
| Filing 19 Letter MOTION for pre motion conference re #1 Complaint (Pre-Motion Letter of Defendant Blue Cross Blue Shield) by Empire Blue Cross Blue Shield. (Lin, Alvin) |
ORDER deferring ruling on #19 . The premotion conference is waived. This letter is deemed to constitute defendant Empire's motion to dismiss. Plaintiff shall file his opposition by 9/25/2019. Oral argument on the motions to dismiss will be held on 10/10/2019 at 10:45 am in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 9/18/2019. (Weisberg, Peggy)
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| Filing 18 RESPONSE in Opposition re #16 Letter MOTION for pre motion conference re #1 Complaint and motion to dismiss filed by Stefan Sagramsingh. (Mitchell, Aaron) |
| Filing 17 AFFIDAVIT/AFFIRMATION re #16 Letter MOTION for pre motion conference re #1 Complaint and motion to dismiss, Order on Motion for Pre Motion Conference,, by International Union of Operating Engineers Local 15 Welfare Fund (Attachments: #1 Exhibit) (Steinberg, James) |
| Filing 16 Letter MOTION for pre motion conference re #1 Complaint and motion to dismiss by International Union of Operating Engineers Local 15 Welfare Fund. (Steinberg, James) |
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ORDER deferring ruling on #16 Motion for Pre Motion Conference. The premotion conference is waived. This letter is deemed to constitute the Plan's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). The Plan is ordered to file an affirmation annexing and authenticating the relevant plan documents forthwith. Plaintiff must file opposition to this motion by 9/26/19 or the case may be dismissed. The Court will hear argument on the motion at the Initial Status Conference in this case scheduled for 10/10/19 at 10:45 a.m. in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 9/12/2019. (Cogan, Brian)
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| Filing 15 NOTICE of Appearance by James Michael Steinberg on behalf of International Union of Operating Engineers Local 15 Welfare Fund (aty to be noticed) (Steinberg, James) |
| Filing 14 Letter MOTION for Extension of Time to File Answer re #1 Complaint or otherwise respond to the Complaint by Empire Blue Cross Blue Shield. (Lin, Alvin) |
| Filing 13 NOTICE of Appearance by Alvin C Lin on behalf of Empire Blue Cross Blue Shield (aty to be noticed) (Lin, Alvin) |
| Filing 12 NOTICE of Appearance by Howard S. Wolfson on behalf of Empire Blue Cross Blue Shield (aty to be noticed) (Wolfson, Howard) |
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ORDER granting #14 . Defendant Empire Blue Cross Blue Shield's time to file its answer extended to 10/7/2019. Ordered by Judge Brian M. Cogan on 8/30/2019. (Weisberg, Peggy)
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| Filing 11 SUMMONS Returned Executed by Stefan Sagramsingh. International Union of Operating Engineers Local 15 Welfare Fund served on 8/26/2019, answer due 9/16/2019. (Faber, Nan) |
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Filing 10
SCHEDULING ORDER: Initial Status Conference set for 10/10/2019 at 10:45 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 8/28/2019. (Weisberg, Peggy)
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| Case no longer referred to Magistrate Judge Anne Y. Shields. (Bowens, Priscilla) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Judge Denis R. Hurley no longer assigned to 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. Ordered by Chief Judge Dora Lizette Irizarry on 8/27/2019. (Bowens, Priscilla)
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Filing 9
ORDER: Initial Conference set for 12/11/2019 at 10:30 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. See Order and Attachment. Ordered by Magistrate Judge Anne Y. Shields on 8/21/2019. (Attachments: #1 AYS Rules) (Torres, Jasmine)
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| Filing 8 SUMMONS Returned Executed by Stefan Sagramsingh. Empire Blue Cross Blue Shield served on 8/15/2019, answer due 9/5/2019. (Faber, Nan) |
| Filing 7 Summons Issued as to Empire Blue Cross Blue Shield. (Rodin, Deanna) |
| Filing 6 Summons Issued as to International Union of Operating Engineers Local 15 Welfare Fund. (Rodin, Deanna) |
| Filing 5 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. (Rodin, Deanna) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Incorrect Document Entry Information. Defendants were missing from the case; added defendants; docket entry 1 was deleted and re-entered against all defendants. (Rodin, Deanna) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Stefan Sagramsingh. (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Rodin, Deanna) Modified on 8/13/2019 (Rodin, Deanna). |
| FILING FEE: $400, receipt number ANYEDC-11751506 (Rodin, Deanna) |
| Filing 3 Civil Cover Sheet.. by Stefan Sagramsingh (Mitchell, Aaron) |
| Filing 2 NOTICE of Appearance by Aaron A. Mitchell on behalf of Stefan Sagramsingh (aty to be noticed) (Mitchell, Aaron) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
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