DaSilva Plastic and Reconstructive Surgery, P.C. v. Empire HealthChoice HMO, Inc. et al
Plaintiff: DaSilva Plastic and Reconstructive Surgery, P.C.
Defendant: Empire HealthChoice HMO, Inc. and Empire HealthChoice Assurance, Inc.
Case Number: 2:2022cv07121
Filed: November 22, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Joan M Azrack
Referring Judge: James M Wicks
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2022 Filing 9 NOTICE of Appearance by Daniel Scott Hallak on behalf of All Plaintiffs (aty to be noticed) (Hallak, Daniel)
December 20, 2022 Filing 8 COMPLAINT against All Plaintiffs filing fee $ 402, receipt number BNYEDC-16247019 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by DaSilva Plastic and Reconstructive Surgery, P.C.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit 1 - DaSilva Plastic & Reconstructive Empire Blue Cross Blue Shield Spreadsheet) (Breitenbach, Roy)
December 19, 2022 Opinion or Order ORDER granting #7 Motion for Extension of Time to File. Plaintiff's deadline to file its complaint, and Defendants' deadline to file an answer or otherwise respond to the complaint, are hereby extended to December 21, 2022, and February 9, 2023, respectively. So Ordered by Magistrate Judge James M. Wicks on 12/19/2022. (MSH)
December 16, 2022 Filing 7 MOTION for Extension of Time to File Complaint by DaSilva Plastic and Reconstructive Surgery, P.C.. (Breitenbach, Roy)
December 13, 2022 Opinion or Order ORDER granting in part and denying in part #6 Motion to Adjourn Conference. The initial conference is adjourned to February 28, 2023, at 10:30 AM via Zoom before the undersigned. A Zoom link will be sent closer to the conference. To the extent the parties seek a stay of discovery, the parties must file a motion in compliance with the undersigned's Individual Practice Rules. So Ordered by Magistrate Judge James M. Wicks on 12/13/2022. (MSH)
December 12, 2022 Filing 6 Joint MOTION to Adjourn Conference and Stay Discovery by Empire HealthChoice Assurance, Inc., Empire HealthChoice HMO, Inc.. (Sirota, Valerie)
November 28, 2022 Opinion or Order ORDER granting #5 Motion for Extension of Time to File Complaint and Response DE #5 . Plaintiff shall file its complaint on or before December 16, 2022. Defendants shall respond to the complaint on or before January 31, 2023. So Ordered by Magistrate Judge James M. Wicks on 11/28/2022. (MSH)
November 23, 2022 Filing 5 Joint MOTION for Extension of Time to File Complaint and Response by DaSilva Plastic and Reconstructive Surgery, P.C.. (Breitenbach, Roy)
November 23, 2022 Opinion or Order Filing 4 INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held December 21, 2022 at 3:00 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than December 14, 2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 11/23/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (DF)
November 22, 2022 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. (LJ)
November 22, 2022 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
November 22, 2022 Filing 1 NOTICE OF REMOVAL by Empire HealthChoice Assurance, Inc., Empire HealthChoice HMO, Inc. from New York State Supreme Court Suffolk County, case number 204207/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16163272) (Attachments: #1 Exhibit A - Summons with Notice, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Civil Cover Sheet) (Sirota, Valerie) Modified on 11/22/2022 (LJ).
November 22, 2022 Case Assigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. 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. (LJ)

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Plaintiff: DaSilva Plastic and Reconstructive Surgery, P.C.
Represented By: Roy W. Breitenbach
Represented By: Daniel Scott Hallak
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Defendant: Empire HealthChoice HMO, Inc.
Represented By: Valerie Sirota
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Defendant: Empire HealthChoice Assurance, Inc.
Represented By: Valerie Sirota
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