Nathanial L. Tindel, M.D., LLC et al v. Excellus Blue Cross and Blue Shield
| Nathanial L. Tindel, M.D., LLC, Nathanial L. Tindel, M.D., Harrison T. Mu, M.D. and Kevin Heffernan |
| Excellus Blue Cross and Blue Shield |
| 5:2022cv00971 |
| September 15, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Miroslav Lovric |
| Brenda K Sannes |
| Other Statutory Actions |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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Filing 20
TEXT ORDER: granting #19 Letter requesting an extension of the briefing schedule re #17 Motion to Dismiss. A Response is due by 12/9/2022. Any Reply is due by 12/21/2022. SO ORDERED by Chief Judge Brenda K. Sannes on 11/10/2022. (nmk)
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| Filing 19 Letter Motion from Roy W. Breitenbach for Kevin Heffernan, Harrison T. Mu, MD, Nathanial L. Tindel, M.D., LLC, Nathanial L. Tindel, MD requesting Extension of Briefing Schedule submitted to Judge Brenda K. Sannes . (Breitenbach, Roy) |
| TEXT NOTICE of the telephonic Rule 16 Initial Conference is RESET in time only for 11/16/2022 at 1:30 PM: The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc) |
| Filing 18 CIVIL CASE MANAGEMENT PLAN by Kevin Heffernan, Harrison T. Mu, MD, Nathanial L. Tindel, M.D., LLC, Nathanial L. Tindel, MD. (Breitenbach, Roy) |
| TEXT NOTICE: At counsel's #16 request, the #15 Motion is terminated and withdrawn. The #17 motion to dismiss is the operative motion pending before the court. (nmk) |
| Filing 17 MOTION to Dismiss filed by Excellus Blue Cross and Blue Shield. Motion returnable before Judge Chief Judge Brenda K. Sannes Response to Motion due by 11/25/2022. Reply to Response to Motion due by 12/2/2022 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) 1) (Payton, Gwendolyn) |
| Filing 16 NOTICE by Excellus Blue Cross and Blue Shield re Text Notice of Filing Deficiency,, #15 MOTION to Dismiss filed by Excellus Blue Cross and Blue Shield. Motion returnable before Judge Brenda K. Sannes / Judge Andrew T. Baxter DEFENDANT EXCELLUS BLUECROSS BLUESHIELDS NOTICE OF WITHDRAWAL OF MOTION TO DISMISS (DKT. 15) (Payton, Gwendolyn) |
| TEXT NOTICE OF FILING DEFICIENCY as to Excellus Blue Cross and Blue Shield regarding the #15 MOTION to Dismiss filed by Excellus Blue Cross and Blue Shield. Motion returnable before Judge Brenda K. Sannes. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Deficiency - Pursuant to Local Rule 7.1 a Notice of Motion must be included with the filing of a Motion. Please file the Notice of Motion using the event Notice-Other. The correction should be made within 3 days of this notice. Notice of Filing Deficiency Deadline 11/9/2022 (ztc) |
| Filing 15 MOTION to Dismiss filed by Excellus Blue Cross and Blue Shield. Motion returnable before Judge Brenda K. Sannes / Judge Andrew T. Baxter Response to Motion due by 11/25/2022. Reply to Response to Motion due by 12/1/2022 (Attachments: #1 Exhibit(s) 1) (Payton, Gwendolyn) |
| Filing 14 Summons Issued as to Excellus Blue Cross and Blue Shield. (ztc) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS(ES): Nathanial L. Tindel, MD, Nathanial L. Tindel, M.D., LLC, Harrison T. Mu, MD, Kevin Heffernan is requesting summons(es) be issued as to Excellus Blue Cross and Blue Shield (Breitenbach, Roy) |
| TEXT NOTICE OF FILING DEFICIENCY as to Kevin Heffernan, Harrison T. Mu, MD, Nathanial L. Tindel, M.D., LLC, Nathanial L. Tindel, MD regarding the #12 Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: A proposed summons was not included with the Complaint. Counsel is directed to file a proposed summons on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 10/14/2022 (ztc) |
| Filing 12 COMPLAINT (Filing fee $402 receipt number ANYNDC-6062263) ; Emergency Motion for PI/TRO to be filed within 7 days via OSC: No; For questions about this filing, contact Roy Breitenbach at 516-880-8378 or rbreitenbach@harrisbeach.com filed by Nathanial L. Tindel, M.D., LLC.(Breitenbach, Roy) |
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Filing 11
STIPULATION AND ORDER: Approving the #10 Stipulation. Nathanial L. Tindel, M.D., LLC answer due 10/7/2022; Nathanial L. Tindel, M.D. answer due 10/7/2022; Harrison T. Mu, M.D. answer due 10/7/2022; Kevin Heffernan answer due 10/7/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/26/2022. (kmc)
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| Filing 10 STIPULATION by Kevin Heffernan, Harrison T. Mu, MD, Nathanial L. Tindel, M.D., LLC, Nathanial L. Tindel, MD. (Hallak, Daniel) |
| Filing 9 NOTICE of Appearance by Gwendolyn C. Payton on behalf of Excellus Blue Cross and Blue Shield (Payton, Gwendolyn) |
| Filing 8 TEXT ORDER: Granting #5 Motion for Limited Admission Pro Hac Vice for Gwendolyn Payton. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Attorney Payton is hereby admitted to practice in this action on behalf of defendant. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/21/2022. (kmc) |
| Filing 7 Supplemental Admission documents re: #5 Motion for Limited Admission Pro Hac Vice,. (Whitmer, Frederick) |
| Notice of Attorney Admission Filing Deficiency re: #5 Motion for Limited Admission Pro Hac Vice of Gwendolyn C. Payton. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a completed New Attorney E-Filing Registration Form; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to US Magistrate Judge Andrew T. Baxter for all further proceedings. Magistrate Judge Miroslav Lovric no longer assigned to case. Signed by Chief Judge Brenda K. Sannes on September 19, 2022. (ztc)
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| Filing 5 MOTION for Limited Admission Pro Hac Vice of Gwendolyn C. Payton Filing fee $100, receipt number ANYNDC-6038403. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission to Practice, #3 Certificate of Good Standing, #4 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Whitmer, Frederick) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Excellus Blue Cross and Blue Shield; Attorney Gwendolyn C. Payton, Esq., Email address is gpayton@kilpatricktownsend.com. Phone number is (206) 626-7714. Admissions due by 9/30/2022. (Served via email with a copy of GO 25 Filing Order) (ztc, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 11/16/2022 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/9/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, ) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Excellus Blue Cross and Blue Shield identifying Other Affiliate Lifetime Healthcare, Inc. for Excellus Blue Cross and Blue Shield. (ztc, ) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court Onondaga County, case number 006615/2022 (Filing fee $402 receipt number ANYNDC-6035635) filed by Excellus Blue Cross and Blue Shield. (Attachments: #1 Declaration of Frederick L. Whitmer, #2 Exhibit(s) 1- Summons with Notice, #3 Exhibit(s) 2, #4 Civil Cover Sheet)(ztc, ) |
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