Gaydos v. I.A.M.A.W District No. 15 Health Fund et al
| Robert M Gaydos and Robert M. Gaydos |
| I.A.M.A.W District No. 15 Health Fund, George T Pryor, Robert P Liehmann, Constantine Mourelatos, The Town of Huntington, The Town of Huntington Highway Department, George T. Pryor and Robert P. Liehmann |
| 2:2024cv01247 |
| February 16, 2024 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER: The Initial Conference scheduled for 4/29/2024 at 1:30PM is converted to Zoom. The Court will email a Zoom invitation closer to the conference date. This Zoom conference will be a public proceeding; nonparties are welcome to attend via telephone. To receive a telephone invitation, nonparties may contact Judge Dunst's Chambers at (631) 712-5760. Ordered by Magistrate Judge Lee G. Dunst on 4/15/2024. (CT)
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| Filing 15 First MOTION to Remand to State Court by Robert M. Gaydos. (Napoli, Joseph) |
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SCHEDULING ORDER: Due to a change in the Court's calendar, the Initial Conference previously scheduled for 4/29/2024 will be held at 1:30PM in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip. Ordered by Magistrate Judge Lee G. Dunst on 4/2/2024. (CT)
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ORDER On March 6, 2024, the Court waived the pre-motion conference requirement regarding Plaintiff's anticipated motion to remand and set a briefing schedule on the motion. On March 19, 2024, Plaintiff filed a letter seeking a pre-motion conference on an anticipated motion to waive the lien he challenges. ECF No. #11 . On March 20, 2024, the Court ordered any response to be filed by March 27, 2024. Before that deadline, and before the Court ruled on Plaintiff's letter requesting a pre-motion conference on the anticipation motion to waive the lien, Plaintiff filed a motion to dismiss, vacate, or reduce the lien. ECF No. #13 . On March 26, 2024, Defendants opposed Plaintiff's letter requesting a pre-motion conference on the anticipated motion to waive the lien. ECF No. #14 . The Court has reviewed Plaintiff's letter requesting a pre-motion conference on the motion to waive the lien, and Defendants' response thereto, and denies the request. The Court shall first rule on the motion to remand before considering any motion to dismiss, vacate, or reduce the lien. Accordingly, Plaintiff's motion to dismiss, vacate, or reduce the lien is denied without prejudice following disposition of the motion to remand. Ordered by Judge Nusrat J. Choudhury on 3/28/2024. (DE)
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| Filing 14 RESPONSE in Opposition re #11 MOTION for Leave to File Document filed by I.A.M.A.W District No. 15 Health Fund. (Jacobs, Jane) |
| Filing 13 First MOTION to Dismiss and/or vacate Zeniths Claim Against the Plaintiff by Robert M. Gaydos. (Attachments: #1 Memorandum in Support Memo of Law, #2 Exhibit Ex. A-Settlement Agreement, #3 Exhibit Ex. B-Medicare Set aside, #4 Exhibit Ex. C-Bill of Particulars, #5 Exhibit Ex. D-Zenith's Lien, #6 Exhibit Ex. E-Unrelated charges, #7 Exhibit Ex. F-Letter requesting reduction, #8 Exhibit Ex. G-Response to letter requesting reduction, #9 Exhibit Ex.H-Subrogation Agreement) (Napoli, Joseph) |
| Filing 12 STATE COURT RECORD Received RE: Index #605656/2020, along with a copy of the Notice of Removal or 8019(c) with order. (AMF) |
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ORDER The Court has reviewed Plaintiff's letter requesting permission to file a motion seeking waiver/significant reduction of Zenith lien. ECF No. #11 . Any response shall be filed by March 27, 2024. Ordered by Judge Nusrat J. Choudhury on 3/20/2024. (DE)
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| Filing 11 MOTION for leave to File Document Permission to file a Motion to Waive the Lien by Robert M. Gaydos (Napoli, Joseph) Modified Event type on 3/20/2024 (AMF). |
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ORDER The Court has reviewed the parties' correspondence regarding Plaintiff's anticipated motion to remand. ECF Nos. #6 , #10 . The Court finds that a pre-motion conference is not necessary at this time and waives the pre-motion conference requirement. The parties shall comply with the following briefing schedule: Plaintiff shall serve any motion by April 3, 2024, Defendants shall serve any response by May 1, 2024, and Plaintiff shall serve any reply by May 15, 2024. The parties are directed to consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2. Consequently, all briefing shall be filed with the Court no later than May 15, 2024. Ordered by Judge Nusrat J. Choudhury on 3/6/2024. (DE)
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| Filing 10 Letter to Judge regarding Plaintiff Request for Permission to File a Motion by I.A.M.A.W District No. 15 Health Fund (Rothermel, Joan) |
| Filing 9 NOTICE of Appearance by Francis Jarlath Scahill on behalf of Constantine Mourelatos (aty to be noticed) (Scahill, Francis) |
| Filing 8 NOTICE of Appearance by Jane Blair Jacobs on behalf of I.A.M.A.W District No. 15 Health Fund (aty to be noticed) (Jacobs, Jane) |
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ORDER The Court has reviewed Plaintiff's letter requesting permission to file a motion for remand. ECF No. #6 . Any response shall be filed by March 4, 2024. Ordered by Judge Nusrat J. Choudhury on 2/26/2024. (DE)
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| Filing 7 Letter Letter to Magistrate Dunst to file a Motion to Remand by Robert M. Gaydos (Napoli, Joseph) |
| Filing 6 Letter MOTION to Leave to File Document, Permission to file a Motion to Remand by Robert M. Gaydos (Napoli, Joseph) Modified Event type from Letter to Motion on 2/26/2024 (AMF). |
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SCHEDULING ORDER: The Court will hold an in-person Initial Conference on 4/29/2024 at 3:00 PM in Courtroom 830 at the U.S. District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. (SBE)
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| Filing 5 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CL) |
| This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Lee G. Dunst. 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. (CL) |
| Filing 4 Corporate Disclosure Statement by I.A.M.A.W District No. 15 Health Fund (Gordon, Brian) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, Notice: Re: Incomplete Civil Cover Sheet, by I.A.M.A.W District No. 15 Health Fund (Gordon, Brian) |
| Filing 2 NOTICE of Appearance by Joan E Rothermel on behalf of I.A.M.A.W District No. 15 Health Fund (aty to be noticed) (Rothermel, Joan) |
| Notice: Re: NO CIVIL COVER SHEET SUBMITTED. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CL) |
| Filing 1 NOTICE OF REMOVAL by I.A.M.A.W District No. 15 Health Fund from Supreme Court of Suffolk County, case number 605656/2020. ( Filing fee $ 405 receipt number ANYEDC-17580884) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Gordon, Brian) Modified on 2/21/2024 (CL). |
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