Nakul Karkare, M.D. v. Cox Enterprises, Inc.
| Nakul Karkare, M.D. |
| Cox Enterprises, Inc. |
| 2:2022cv05846 |
| September 30, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| 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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ORDER DISMISSING CASE: In response to the Courts Order to Show Cause dated 10/28/22 directing Plaintiff to file proof of a valid assignment of claim, Plaintiff responded citing a string of out of circuit authority in support of the proposition that a power of attorney alone is sufficient to establish standing. In the Second Circuit, however, a power of attorney is insufficient to allow a physician to maintain a cause of action on behalf of a patient under ERISA. See Connecticut v. Physicians Health Servs. Of Connecticut, Inc., 287 F.3d 110, 117 (2d Cir. 2002) ("[A] valid and binding assignment of a claim (or a portion thereof)not only the right or ability to bring suit may confer standing on the assignee."); Am. Psychiatric Ass'n v. Anthem Health Plans, Inc., 821 F.3d 352, 360 (2d Cir. 2016) ("[W]e cannot expand the congressionally-created statutory list of those who may bring a cause of action by importing third-party prudential considerations. The psychiatrists here lack a cause of action under ERISA's 502(a)(3), irrespective of whether they may stand in the shoes of their patients in other matters."); Med. Soc'y of New York v. United Health Grp. Inc., 2017 WL 4023350, at *7 (S.D.N.Y. Sept. 11, 2017) ("Plaintiffs argue in the alternative that Podiatric may pursue this claim as the authorized representative or attorney-in-fact for Patients A and But this argument is unavailing. Absent a valid assignment of Patient A and B's claims, [plaintiff] lacks a cause of action under ERISA."). Due to plaintiff's failure to allege a valid assignment, this case must be DISMISSED. Defendants letter motion for a premotion conference (DE 8) is DENIED as moot.Ordered by Judge Gary R. Brown on 12/1/2022. (MR)
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| Filing 9 Letter in Response to Request for Pre-Motion Conference by Nakul Karkare, M.D. (Axelrod, Robert) |
| Filing 8 Letter Requesting Pre-Motion Conference to File Motion to Dismiss by Cox Enterprises, Inc. (Petitt, Adam) |
| Filing 7 Letter in Response to Order to Show Cause by Nakul Karkare, M.D. (Axelrod, Robert) |
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ORDER TO SHOW CAUSE. In light of the requirement that a physician must demonstrate a valid assignment of a claim from a beneficiary to maintain a cause of action for unpaid benefits under ERISA, plaintiff is directed to show cause why this matter should not be dismissed for failure to plausibly allege a valid assignment. Plaintiff is directed to file proof of a valid assignment from the patient within five days. Ordered by Judge Gary R. Brown on 10/28/2022. (MR)
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ORDER re #6 : The time for Cox Enterprises, Inc. to answer, move or otherwise respond to the complaint is extended to and including November 25, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 10/24/2022. c/ecf (RI)
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| Filing 6 Letter MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Cox Enterprises, Inc.. (Petitt, Adam) |
| Filing 5 AFFIDAVIT/AFFIRMATION of Service of Process by Nakul Karkare, M.D. (Axelrod, Robert) |
| Filing 4 Summons Issued as to Cox Enterprises, Inc. (Jakubowski, Laura) (Main Document 4 replaced on 9/30/2022) (Jakubowski, Laura). |
| Filing 3 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. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Filing 1 COMPLAINT against Cox Enterprises, Inc. filing fee $ 402, receipt number ANYEDC-15991956 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Nakul Karkare, M.D. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Axelrod, Robert) Modified on 9/30/2022 (Jakubowski, Laura). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. 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. (Jakubowski, Laura) |
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| Plaintiff: Nakul Karkare, M.D. | |
| Represented By: | Robert J. Axelrod |
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| Defendant: Cox Enterprises, Inc. | |
| Represented By: | Adam Joseph Petitt |
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