Liberty Mutual Insurance Company et al v. AVK Rx Inc 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, LM General Insurance Company, Wausau Underwriters Insurance Company, Safeco Insurance Company of Indiana, American States Insurance Company and Montgomery Mutual Insurance Company |
| AVK Rx Inc, Kristinas Pharmacy Inc. a/k/a Kristina S. Pharmacy Inc. d/b/a Essential Rx, Ideal Care Pharmacy, Inc. d/b/a Ideal Care Pharmacy, Leon Naishuler, Olga Bruk, Gregory Abramov, David Manning, Irina Aronova, Alexander Baldonado, M.D., Hong Sik Pak, M.D., Paula Brown, M.D., Phyllis Gelb, M.D., Augustus Igbokwe, P.A., Igor Zilberman, M.D., John Doe(s) (1-10), Kristina's Pharmacy Inc. also known as Kristina S. Pharmacy Inc. doing business as Essential RX, Kristina S. Pharmacy Inc., Ideal Care Pharmacy, Inc. doing business as Ideal Care Pharmacy and John Doe(s) 1-10 |
| 2:2022cv07329 |
| December 2, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Electronic ORDER granting DE #14 Motion for Extension of Time to Answer. On consent, the deadline for Defendant Phyllis Gelb, MD to answer or otherwise respond to the Complaint is extended to and including 2/17/2023. Ordered by Magistrate Judge Steven I. Locke on 1/27/2023. (LP)
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| Filing 14 Consent MOTION for Extension of Time to File Answer re #1 Complaint,,,, Stipulation by Phyllis Gelb, MD. (Bowers, Nicholas) |
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Filing 13
INITIAL CONFERENCE ORDER: An Initial Conference is set for 2/28/2023 at 10:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 1/23/2023. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (KG)
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| Filing 12 NOTICE of Appearance by Neil Flynn on behalf of Augustus Igbokwe, PA (notification declined or already on case) (Flynn, Neil) |
| Filing 11 ANSWER to #1 Complaint,,,, by Augustus Igbokwe, PA. (Flynn, Neil) |
| Filing 10 NOTICE of Appearance by Neil Flynn on behalf of Augustus Igbokwe, PA (aty to be noticed) (Flynn, Neil) |
| Filing 9 NOTICE of Appearance by Nicholas Paul Bowers on behalf of Phyllis Gelb, MD (aty to be noticed) (Bowers, Nicholas) |
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Electronic ORDER granting DE #8 Motion for Extension of Time to Answer. On consent, the deadline for Defendant Hong Sik Pak, MD to answer or otherwise respond to the Complaint is extended to and including 2/17/2023. Ordered by Magistrate Judge Steven I. Locke on 1/11/2023. (LP)
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| Filing 8 First MOTION for Extension of Time to File Answer or otherwise respond to the Complaint on Consent by Hong Sik Pak, MD. (Mead, Wesley) |
| Filing 7 NOTICE of Appearance by Wesley Robert Mead on behalf of Hong Sik Pak, MD (aty to be noticed) (Mead, Wesley) |
| Filing 6 AFFIDAVIT/AFFIRMATION re #5 Letter,, Corrected Affidavit by American States Insurance Company, LM General 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, Montgomery Mutual Insurance Company, Safeco Insurance Company of Indiana, The First Liberty Insurance Corporation, Wausau Underwriters Insurance Company (Strong, Jennifer) |
| Filing 5 Letter in response to Order to Show Cause by American States Insurance Company, LM General 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, Montgomery Mutual Insurance Company, Safeco Insurance Company of Indiana, The First Liberty Insurance Corporation, Wausau Underwriters Insurance Company (Attachments: #1 Exhibit 1 - Maresco Affidavit) (Strong, Jennifer) |
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ORDER TO SHOW CAUSE: Following review of the complaint herein, and in light of this Court's decision in Silverberg v. Dryships Inc., 2021 WL 2198701 (E.D.N.Y. May 28, 2021), plaintiffs' counsel is to file a letter by close of business on December 16, 2022 stating with specificity counsel's basis for representing on the cover sheet of this action that it arose in Nassau or Suffolk Counties, or whether the matter should be reassigned via random selection to a judge in Brooklyn. As such, counsel for both parties are to advise the Court in writing within a week of plaintiffs' response as to whether there is an objection to reassignment to a district judge in the Brooklyn courthouse. Ordered by Judge Gary R. Brown on 12/12/2022. (MR)
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| Filing 4 Summons Issued as to AVK Rx Inc, Gregory Abramov, Irina Aronova, Alexander Baldonado, MD, Paula Brown, MD, Olga Bruk, Phyllis Gelb, MD, Ideal Care Pharmacy, Inc., Augustus Igbokwe, PA, Kristina's Pharmacy Inc., David Manning, Leon Naishuler, Hong Sik Pak, MD, Igor Zilberman, MD. (LJ) |
| 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) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Gary R. Brown 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. (LJ) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16191972 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Safeco Insurance Company of Indiana, Liberty County Mutual Insurance Company, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Montgomery Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Liberty Insurance Corporation, LM General Insurance Company, American States Insurance Company, LM Property and Casualty Insurance Company, The First Liberty Insurance Corporation, Wausau Underwriters Insurance Company, LM Insurance Corporation. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - AVK Billing, #3 Exhibit 3 - Essential Billing, #4 Exhibit 4 - Ideal Billing, #5 Exhibit 5 - AVK EUO Chart, #6 Exhibit 6 - Ideal Verification Chart, #7 Exhibit 7 - DFS Opinion, #8 Exhibit 8 - Amendment to Regulation, #9 Civil Cover Sheet, #10 Proposed Summons with rider) (Strong, Jennifer) |
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