Oriska Insurance Company v. Avalon Gardens Rehabilitation & Health Care Center, LLC et al
Plaintiff: Oriska Insurance Company
Defendant: North Sea Associates, LLC, Isaac Muller, Pinegrove Manor II, LLC, Parkview Care and Rehabilitation Center, Inc., Little Neck Care Center, LLC, Golden Gate Rehabilitation & Health Care Center, LLC, Throgs Neck Operating Company, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Garden Care Center, Inc., Niskayuna Operating Co LLC, US Management, Inc., New Surfside Nursing Home, LLC, Bent Philipson, Park Avenue Operating Company, LLC, Little Neck Nursing Home LLC, Willoughby Rehabilitation & Health Care Center LLC, Rashbi Management, Inc., Nassau Operating Company, LLC, Samuel Schlesinger, Allstate Administrators, LLC, Bayview Manor LLC, Woodmere Rehabilitation & Health Care Center, Inc., Brookhaven Rehabilitation & Health Care Center, Townhouse Operating Company, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Sentosacare, LLC, Eastchester Rehabilitation & Health Care Center, LLC, White Plains Center for Nursing, LLC and Shorefront Operating, LLC
Case Number: 6:2018cv01030
Filed: August 28, 2018
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: David N Hurd
2 Judge: David E Peebles
3 Judge: Glenn T Suddaby
Nature of Suit: Other Statutory Actions
Cause of Action: 29:1001
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2018 Filing 55 RESPONSE in Opposition re #47 MOTION to Disqualify Counsel From Representing Plaintiff filed by Oriska Insurance Company. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 3-1, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8)(McCormack, Kevin)
October 24, 2018 Filing 54 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Expedited Discovery filed by Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc.. (Attachments: #1 Declaration in Opposition)(Buckey, Christopher)
October 24, 2018 Filing 53 NOTICE by Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. re #47 MOTION to Disqualify Counsel , #52 Notice (Other) Withdrawing Motion to Disqualify as to Mr. Faga (Lipsius, Ira)
October 23, 2018 Filing 52 NOTICE by Oriska Insurance Company (Kernan, James)
October 23, 2018 Opinion or Order Filing 51 TEXT ORDER. On October 22, 2018, defendants moved to disqualify Attorneys James Kernan and Antonio Faga from appearing as counsel for plaintiff in this action. See Dkt. No. 47. The court takes notice that on January 25, 2010, Attorney Kernan was convicted of a felony in violation of 18 U.S.C. 1033(e)(1)(B). See Dkt. No. 103 in 5:08-CR-0061. Attorney Kernan is hereby ordered to show cause by the Motion Hearing set for October 31, 2018 at 1:00 PM in Syracuse before Chief Magistrate Judge David E. Peebles as to why he should not be stricken from the roll of members of the bar of the court pursuant to N.D.N.Y. Local Rule 83.4(b). In the event that Attorney Kernan fails to show cause, a recommendation will be made to Chief Judge Glenn T. Suddaby that Attorney Kernan will be prohibited from further practice before the court. Authorized by Magistrate Judge David E. Peebles on 10/23/2018. (D'Agostino, Mary)
October 23, 2018 Opinion or Order Filing 50 TEXT ORDER SETTING RESPONSE DEADLINES AND SCHEDULING ARGUMENT ON MOTION FOR PRELIMINARY INJUNCTION : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, Defendants' #45 Letter requesting a briefing schedule regarding the Amended PI Motion is Granted and plaintiff's #35 MOTION for Preliminary Injunction is now set for oral argument for Friday, January 11, 2019 at 10:00AM in USDC / Utica, NY. Defendants' Response to the Motion is now due by 5:00pm on Friday, November 30, 2018 and Plaintiff's Reply to the Response to the Motion, if any, is now due by 5:00pm on Friday, December 21, 2018. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 10/23/2018. (ptm)
October 22, 2018 Opinion or Order Filing 49 TEXT ORDER granting #48 Letter Request for an expedited briefing schedule regarding the #47 Motion to Disqualify Counsel : Any response to this motion is due to be filed by the close of business on 10/26/2018. A Motion Hearing is set for 10/31/2018 at 1:00 PM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND IN PERSON APPEARANCES BY COUNSEL ARE REQUIRED Authorized by Magistrate Judge David E. Peebles on 10/22/2018. (sal )
October 22, 2018 Filing 48 Letter Motion from Ira S. Lipsius for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. requesting Expedited Hearing submitted to Judge David E. Peebles, U.S.M.J. . (Lipsius, Ira)
October 22, 2018 Filing 47 MOTION to Disqualify Counsel Motion Hearing set for 10/31/2018 01:00 PM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 10/15/2018 filed by Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc.. (Attachments: #1 Memorandum of Law, #2 Declaration of Alexander J. Sperber, #3 Exhibit(s) A to Sperber Declaration, #4 Exhibit(s) B to Sperber Declaration, #5 Exhibit(s) C to Sperber Declaration, #6 Exhibit(s) D to Sperber Declaration) Motions referred to David E. Peebles. (Lipsius, Ira)
October 22, 2018 Filing 46 NOTICE of Appearance by Alexander Jared Sperber on behalf of Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. (Sperber, Alexander)
October 19, 2018 Filing 45 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. requesting Briefing Schedule Re PI Motion submitted to Judge Hurd . (Buckey, Christopher)
October 19, 2018 Filing 44 NOTICE by Oriska Insurance Company re #35 Amended MOTION to Amend/Correct Motion for Preliminary and Docket #9 Letter to Judge Hurd with courtesy copies (Kernan, James)
October 19, 2018 Filing 43 NOTICE by Oriska Insurance Company re #37 MOTION to Expedite Discovery Letter to Judge Peebles with courtesy copies (Kernan, James)
October 17, 2018 Filing 42 NOTICE of Appearance by Ira S. Lipsius on behalf of Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. (Lipsius, Ira)
October 17, 2018 Opinion or Order Filing 41 TEXT ORDER: The court is in receipt of counsel's #39 and #40 Letter Requests regarding the briefing schedule for the #37 Motion to Expedite Discovery. Any response to this motion is due to be filed on or before 10/24/2018. A Motion Hearing is set for 10/31/2018 at 1:00 PM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND IN PERSON APPEARANCES BY COUNSEL ARE REQUIRED. Authorized by Magistrate Judge David E. Peebles on 10/17/2018. (sal )
October 17, 2018 Filing 40 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. requesting November 14, 2018 Return Date submitted to Judge Peebles . (Buckey, Christopher)
October 17, 2018 Filing 39 Letter Motion from James Kernan, Esq. for Oriska Insurance Company requesting fix Short Return Date submitted to Judge Peebles . (Attachments: #1 Exhibit(s))(Kernan, James)
October 16, 2018 Opinion or Order Filing 38 TEXT ORDER : The deadline for defendants to answer or otherwise respond to plaintiff's #8 amended complaint is extended until 12/10/2018. Authorized by Magistrate Judge David E. Peebles on 10/16/2018. (sal )
October 16, 2018 Filing 37 MOTION to Expedite Discovery Motion Hearing set for 10/24/2018 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 10/9/2018 filed by Oriska Insurance Company. (Attachments: #1 Declaration, #2 Affidavit, #3 Affidavit, #4 Memorandum of Law) Motions referred to David E. Peebles. (Kernan, James)
October 16, 2018 TEXT Minute Entry for telephone conference held on 10/15/18 at 3:00 p.m. Parties discussed the status of the case. It appears defendant Muller was served on 9/27/18. Defendants Rashbi Mgmt and US Mgmt have been served but return of service has yet to come back. Counsel states they believe those defendants will be retaining counsel. In their letter request [Dkt. No. 32], defendants asked for an extension of time to answer or respond to the amended complaint to 12/10/18. MJ Peebles asked Attys. Kernan and McCormack if they consented to the extension. The stated they do consent as long as it does not affect the preliminary injunction motion briefing schedule. MJ Peebles stated he cannot speak on behalf of DNH on that issue, but did extend the time for all defendants to answer or move against the complaint to 12/10/18. Another matter discussed in defendants' letter request [Dkt. No. 31] was the disqualification issue. Defendants are requesting an order disqualifying Attorneys Kernan and Faga. Plaintiffs will be opposing that motion. MJ Peebles granted permission for defendants to file that motion before him. Once that motion is received MJ Peebles will set a briefing schedule. Plaintiffs would also like expedited discovery related to subpoenas served on various non-parties. Defendants oppose that request. MJ Peebles explained that a Rule 16 conference has not taken place and court permission is required to permit expedited discovery. He then granted permission to file a motion for leave to engage in expedited discovery. Judge Baxter's previous orders regarding discovery will remain in place pending the outcome of the motion hearing. APP. James Kerrigan, Esq., Kevin E. McCormack, Esq., Christopher E. Buckey, Esq., Nicholas J. Fasa, Esq. Ira S. Lipsius, Esq. and Alex Sperber, Esq. (cam, )
October 12, 2018 Filing 36 RESPONSE to Motion re #32 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, filed by Oriska Insurance Company. (Kernan, James)
October 12, 2018 Filing 35 Amended MOTION to Amend/Correct Motion for Preliminary and Docket #9 Motion Hearing set for 10/26/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 10/9/2018 filed by Oriska Insurance Company. (Attachments: #1 Affidavit Goldstone Affirmation, #2 Exhibit(s) 2010-2018 Cost Report Summary, #3 Exhibit(s) Operators Certification, #4 Exhibit(s) Accountant Certification, #5 Affidavit Oddi Affidavit, #6 Exhibit(s) 2010-2018 Loss Run-Exhibit A-Oddi Aff, #7 Exhibit(s) 2002-2008 Loss Run-Exhibit B-Oddi Aff, #8 Exhibit(s) Benefit Register-Exhibit C-Oddi Aff, #9 Exhibit(s) Monthly Payout-Exhibit D-Oddi Aff, #10 Exhibit(s) Ultimate Payout-Exhibit E-Oddi Aff, #11 Exhibit(s) Avalon-Brookside POC EXHIBIT F-1, #12 Exhibit(s) Baypark-POC EXHIBIT F-2, #13 Exhibit(s) Bayview-Southpoint POC EXHIBIT F-3, #14 Exhibit(s) Brookhaven-POC EXHIBIT F-4, #15 Exhibit(s) Eastchester POC EXHIBIT F-5, #16 Exhibit(s) Garden Care POC EXHIBIT F-6, #17 Exhibit(s) Golden Gate POC EXHIBIT F-7, #18 Exhibit(s) Little Neck Nursing POC EXHIBIT F-8, #19 Exhibit(s) Kingsbridge POC EXHIBIT F-9, #20 Exhibit(s) Nassau Extended POC EXHIBIT F-10, #21 Exhibit(s) New Surfside POC EXHIBIT F-11, #22 Exhibit(s) North Sea-Hamptons POC EXHIBIT F-12, #23 Exhibit(s) Park Ave Extended POC EXHIBIT F-13, #24 Exhibit(s) Pinegrove-Grace Plaza POC EXHIBIT F-14, #25 Exhibit(s) Sentosacare POC EXHIBIT F-15, #26 Exhibit(s) Throgs Neck Extended POC EXHIBIT F-16, #27 Exhibit(s) Townhouse POC EXHIBIT F-17, #28 Exhibit(s) White Plains Center POC EXHIBIT F-18, #29 Exhibit(s) Shorefront-Seagate POC EXHIBIT F-19, #30 Exhibit(s) Willoughby POC EXHIBIT F-20, #31 Exhibit(s) Woodmere POC EXHIBIT F-21, #32 Exhibit(s) Pathways POC EXHIBIT F-22, #33 Exhibit(s) Parkview POC EXHIBIT F-23, #34 Exhibit(s) Little Neck POC EXHIBIT F-24, #35 Declaration Kernan Declaration, #36 Memorandum of Law Memorandum of Law) Motions referred to David E. Peebles. (Kernan, James)
October 11, 2018 Opinion or Order Filing 34 TEXT ORDER: This case has been recently reassigned to Magistrate Judge David E. Peebles as the magistrate judge in this matter. The Initial Conference set for 11/29/2018 at 10:00 AM by telephone before US Magistrate Judge Andrew T. Baxter is therefore cancelled. A Telephone Conference is set for 10/15/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. The deadline to answer or otherwise respond to plaintiff's complaint is STAYED pending the telephone conference. Additionally, An IN PERSON Initial Conference is set for 1/15/2019 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/8/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.). Authorized by Magistrate Judge David E. Peebles on 10/11/2018. (sal, )
October 11, 2018 Filing 33 NOTICE of Appearance by Ira S. Lipsius on behalf of Allstate Administrators, LLC (Lipsius, Ira)
October 11, 2018 Filing 32 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. requesting Extension of Time submitted to Judge Peebles . (Buckey, Christopher)
October 11, 2018 Filing 31 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. requesting Non-Dispositive Motion Conference submitted to Judge Peebles . (Buckey, Christopher)
October 10, 2018 Filing 30 AFFIDAVIT of Service for Summons and Complaint served on Bay Park Center Nursing & Rehabilitation, LLC; Brookhaven Rehabilitation & Health Care Center, Garden Care Center, Inc; Golden Gate Rehabilitation Little Neck Care Center, LLC Little Neck Nursing Home LLC; Nassau Operating Company, LLC New Surfside Nursing Home, LLC; North Sea Associates Niskayuna Operating Park Avenue Operating Company, LLC Pinegrove Manor II, LLC Throgs Neck Operating Company, LLC Townhouse Operating Company, LLC Willoughby Rehabilitation & Health Care Center, LLC Woodmere Rehabilitation & Health Care Center, Inc. White Plains Center for Nursing Parkview Care and Rehabilitation Center, Inc; Shorefront Operating, LLC Sentosacare, LLC; Samuel Schlesinger; Allstate Administrators, LLC; Bent Philipson; Isaac Muller on September 24, 2018, filed by Oriska Insurance Company. (Attachments: #1 Affidavit)(Kernan, James)
October 10, 2018 Opinion or Order Filing 29 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge David N. Hurd and Magistrate Judge David E. Peebles for all further proceedings. Chief Judge Glenn T. Suddaby and US Magistrate Judge Andrew T. Baxter no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/9/18. (lmw)
October 10, 2018 Opinion or Order Filing 28 TEXT ORDER granting #12 Notice of Related Case. In the interest of judicial economy, the Clerk is directed to reassign this case to District Judge David N. Hurd and Magistrate Judge David E. Peebles pursuant to General Order #12 as this case is found to be related to 5:03-cv-1481. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/10/18. (lmw)
October 9, 2018 Filing 27 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. requesting Non-Dispositive Motion Conference submitted to Judge Baxter . (Buckey, Christopher)
October 9, 2018 Opinion or Order Filing 26 TEXT ORDER re: #25 plaintiff's response to #23 defendants' application for leave to file a motion to quash #22 plaintiff's 51 proposed subpoenas. Plaintiff's counsel has represented that he does not intend to serve the proposed subpoenas pending a ruling by Chief Judge Suddaby on plaintiff's anticipated amended motion for a preliminary injunction and expedited discovery. In light of those representations, the status quo will be maintained until Chief Judge Suddaby can address the subpoenas in connection with the motion for a preliminary injunction and expedited discovery. Absent a referral of any discovery issue to this court by Chief Judge Suddaby, litigation of a separate motion to quash before this court is not necessary or appropriate. Pending further action by Chief Judge Suddaby, this court will not proceed with the telephone conference referenced in 24 my 10/5/2018 text order. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/9/2018. (nmk)
October 9, 2018 Filing 25 RESPONSE to Motion re #23 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Letter Response filed by Oriska Insurance Company. (Kernan, James)
October 5, 2018 Filing 24 TEXT ORDER re: #23 defendant's application for leave to file a motion to quash 51 subpoenas noticed by plaintiff. In light of the prohibition on discovery at this early stage of the case, Fed. R. Civ. P. 26(d)(1), and in the absence of authority from this court or Chief Judge Suddaby to proceed with discovery, the plaintiff shall not serve nor seek compliance with the subpoenas pending a telephone conference with this court to be scheduled during the week of 10/9/2018. To the extent plaintiff has served any of the subpoenas, the target(s) of those subpoenas shall be advised that they may withhold compliance pending a ruling from the court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/5/2018. (nmk)
October 5, 2018 Filing 23 Letter Motion from Christopher Buckey for Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. requesting Conference submitted to Judge Baxter . (Buckey, Christopher)
October 4, 2018 Filing 22 NOTICE by Oriska Insurance Company Part 1-Notice and Subpoena (Attachments: #1 Part 2-Notice and Subpoena, #2 Part 3-Notice and Subpoena)(Kernan, James)
October 4, 2018 Filing 21 NOTICE of Appearance by Christopher E. Buckey on behalf of Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. (Buckey, Christopher)
October 2, 2018 Filing 20 Civil RICO Statement filed by Oriska Insurance Company. (McCormack, Kevin)
September 28, 2018 Filing 19 NOTICE of Appearance by Jon T. Powers on behalf of Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. (Powers, Jon)
September 27, 2018 Filing 18 TEXT ORDER: granting #13 letter request for an extension of time. The deadline for Plaintiff to file a Civil RICO Statement is extended to 10/2/2018. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/27/2018. (nmk)
September 26, 2018 Filing 17 NOTICE of Appearance by Nicholas J. Faso on behalf of White Plains Center for Nursing, LLC, Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. (Faso, Nicholas)
September 26, 2018 Filing 16 NOTICE of Appearance by Nicholas J. Faso on behalf of Samuel Schlesinger, Sentosacare, LLC, Shorefront Operating, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC (Faso, Nicholas)
September 26, 2018 Filing 15 NOTICE of Appearance by Nicholas J. Faso on behalf of Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC (Faso, Nicholas)
September 26, 2018 Filing 14 NOTICE of Appearance by Nicholas J. Faso on behalf of Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC (Faso, Nicholas)
September 26, 2018 Filing 13 Letter Motion from Kevin E. McCormack for Oriska Insurance Company requesting extension of time to file a Civil RICO Statement submitted to Judge Baxter . (McCormack, Kevin)
September 20, 2018 Filing 12 Notice of Related Case by Oriska Insurance Company submitted to Judge Glenn Suddaby (with service being made upon Defendants). Objections due by 9/28/2018 (Kernan, James)
September 20, 2018 Opinion or Order Filing 11 TEXT ORDER denying Plaintiff's request for an expedited hearing on #9 Motion for a Preliminary Injunction and reserving decision on #9 its motion for a preliminary injunction pending completion of briefing. Plaintiff's application for expedited briefing is unsupported by a showing of good cause why the standard Notice of Motion procedure cannot be used (as well as a showing of good cause why reasonable advance notice of the application could not be given to Defendants), as required by Local Rule 7.1(e) of the Local Rules of Practice for this Court. In addition, the Court notes that Plaintiff's motion is procedurally improper in three respects: (1) it is unaccompanied by a memorandum of law in violation of Local Rule 7.1(a)(1); (2) it contains an attorney "declaration" (i.e., Dkt. No. #9 , Attach. 2) that both is unsworn pursuant to 28 U.S.C. 1746, and either improperly purports to possess personal knowledge of the facts underlying the case (see Road Dawgs Motorcycle Club of the United States, Inc. v. 'Cuse Road Dawgs, Inc., 679 F. Supp.2d 259, 281-82 & n.54 [N.D.N.Y. 2009]) or improperly contains legal arguments in violation of Local Rule 7.1(a)(2); and (3) it contains an affidavit that improperly contains legal arguments (see, e.g., Dkt. No. #9 , Attach. 2, at 3, 13, 14, 15, 17) in violation of Local Rule 7.1(a)(2). Plaintiff is directed serve on Defendants its Amended Complaint in accordance with Fed.R.Civ.P. Rule 4 and Local Rule 4.1 as well as a copy of its motion papers (whether corrected or not) and this Text Order. Any Amended motion papers must be filed on ECF. Upon Plaintiff's filing of a Certificate of Service, the Court shall set deadlines for Defendants' response papers and Plaintiff's reply papers, and schedule a hearing, should a hearing be deemed necessary, on Plaintiff's #9 motion for a preliminary injunction before the undersigned at the Federal Building in Syracuse, New York. SO ORDERED by Chief Judge Glenn T. Suddaby on 9/20/18. (lmw)
September 20, 2018 Filing 10 Summons Issued as to Shorefront Operating, LLC, White Plains Center for Nursing. (Attachments: #1 Summons)(jdp, )
September 19, 2018 Filing 9 First MOTION for Preliminary Injunction and for Expedited Hearing filed by Oriska Insurance Company. (Attachments: #1 Declaration, #2 Affidavit, #3 Exhibit(s) A to Affidavit, #4 Exhibit(s) B to Affidavit, #5 Exhibit(s) C to Affidavit) (Faga, Antonio)
September 19, 2018 CLERK'S CORRECTION OF DOCKET ENTRY Re: #8 Amended Complaint. Per request of pltf's counsel, proposed summonses for newly added defts Shorefront Operating, LLC and White Plains Center for Nursing were attached to the entry. (see)
September 18, 2018 Filing 8 AMENDED COMPLAINT against All Defendants filed by Oriska Insurance Company. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(Faga, Antonio) (Additional attachment(s) added on 9/19/2018: #6 Proposed Summons for Shorefront Operating, LLC, #7 Proposed Summons for White Plains Center for Nursing) (see, ).
September 18, 2018 Filing 7 TEXT ORDER re: #6 plaintiff's motion for leave to amend the complaint under Fed. R. Civ. P. 15(a)(2). Plaintiff may amend the complaint as a matter of course under Rule 15(a)(1) through today, and does not require leave of court to do so. If plaintiff amends the complaint now, a subsequent effort to amend as a matter of course under Rule 15(a)(1) may be subject to challenge. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/18/2018. (nmk)
September 17, 2018 Filing 6 Letter Motion from James Kernan for Oriska Insurance Company requesting Amend Complaint submitted to Judge Baxter . (Faga, Antonio)
September 10, 2018 Filing 5 NOTICE of Appearance by James Kernan on behalf of Oriska Insurance Company (Kernan, James)
September 5, 2018 Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (hmr)
September 4, 2018 Filing 2 NOTICE of Appearance by Kevin E. McCormack on behalf of All Plaintiffs (McCormack, Kevin)
August 29, 2018 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/29/2018 at 10:00 AM by telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/23/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
August 29, 2018 Filing 3 Summonses Issued as to Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Isaac Muller, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Rashbi Management, Inc., Samuel Schlesinger, Sentosacare, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, US Management, Inc., Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc.. (Attachments: #1 Summons Issued for Bay Park Center Nursing & Rehabilitation, LLC, #2 Summons Issued for Bayview Manor LLC, #3 Summons Issued for Brookhaven Rehabilitation & Health Care Center, LLC, #4 Summons Issued for Eastchester Rehabilitation & Health Care Center, LLC, #5 Summons Issued for Garden Care Center, Inc., #6 Summons Issued for Golden Gate Rehabilitation & Health Care Center, LLC, #7 Summons Issued for Little Neck Care Center, LLC, #8 Summons Issued for Little Neck Nursing Home LLC, #9 Summons Issued for Nassau Operating Company, LLC d/b/a Nassau Extended Care Facility and Nassau Rehabilitation and Nursing Center/Kingsbridge Heights Receiver, LLC, #10 Summons Issued for New Surfside Nursing Home, LLC, #11 Summons Issued for North Sea Associates, LLC d/b/a The Hamptons Center for Rehabilitation and Nursing, #12 Summons Issued for Park Avenue Operating Company, LLC d/b/a Park Avenue Extended Care Facility, #13 Summons Issued for Pinegrove Manor II, LLC d/b/a Grace Plaza Nursing and Rehabilitation Center, #14 Summons Issued for Throgs Neck Operating Company, LLC, #15 Summons Issued for Townhouse Operating Company, LLC d/b/a Townhouse Center for Rehabilitation & Nursing, #16 Summons Issued for Willoughby Rehabilitation & Health Care Center LLC d/b/a Spring Creek Rehabilitation & Nursing Care Center, #17 Summons Issued for Woodmere Rehabilitation & Health Care Center, Inc. d/b/a Five Towns Premier Rehabilitation and Nursing, #18 Summons Issued for Niskayuna Operating Co LLC d/b/a Pathways Nursing & Rehabilitation Center, #19 Summons Issued for Parkview Care and Rehabilitation Center, Inc., #20 Summons Issued for Bent Philipson, #21 Summons Issued for Sentosa Care, LLC, #22 Summons Issued for Samuel Schlesinger, #23 Summons Issued for Allstate Administrators, LLC, #24 Summons Issued for Isaac Muller, #25 Summons Issued for Rashbi Management, Inc., #26 Summons Issued for US Management, Inc.)(hmr)
August 28, 2018 Filing 1 COMPLAINT with Jury Demand against Allstate Administrators, LLC, Avalon Gardens Rehabilitation & Health Care Center, LLC, Bay Park Center Nursing & Rehabilitation, LLC, Bayview Manor LLC, Brookhaven Rehabilitation & Health Care Center, Eastchester Rehabilitation & Health Care Center, LLC, Garden Care Center, Inc., Golden Gate Rehabilitation & Health Care Center, LLC, Little Neck Care Center, LLC, Little Neck Nursing Home LLC, Isaac Muller, Nassau Operating Company, LLC, New Surfside Nursing Home, LLC, Niskayuna Operating Co LLC, North Sea Associates, LLC, Park Avenue Operating Company, LLC, Parkview Care and Rehabilitation Center, Inc., Bent Philipson, Pinegrove Manor II, LLC, Rashbi Management, Inc., Samuel Schlesinger, Sentosacare, LLC, Throgs Neck Operating Company, LLC, Townhouse Operating Company, LLC, US Management, Inc., Willoughby Rehabilitation & Health Care Center LLC, Woodmere Rehabilitation & Health Care Center, Inc. (Filing fee $400 receipt number ANYNDC-4492426) filed by Oriska Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - 11581213-01, #3 Exhibit 1 - 11581213-02, #4 Exhibit 1 - 11651632-01, #5 Exhibit 1 - 11651632-02, #6 Exhibit 1 - 11661622-01, #7 Exhibit 1 - 11661622-02, #8 Exhibit 1 - 11821355-01, #9 Exhibit 1 - 11821355-02, #10 Exhibit 1 - 11851654-01, #11 Exhibit 1 - 11851654-02, #12 Exhibit 1 - 11921044-01, #13 Exhibit 1 - 11921044-02, #14 Exhibit 1 - 11921048-01, #15 Exhibit 1 - 11921048-02, #16 Exhibit 1 - 11931249-01, #17 Exhibit 1 - 11931249-02, #18 Exhibit 1 - 11951141-01, #19 Exhibit 1 - 11951141-02, #20 Exhibit 1 - 12021101-01, #21 Exhibit 1 - 12021101-02, #22 Exhibit 1 - 12021701-01, #23 Exhibit 1 - 12021701-02, #24 Exhibit 1 - 12081119-01, #25 Exhibit 1 - 12081119-02, #26 Exhibit 1 - 12091609-01, #27 Exhibit 1 - 12091609-02, #28 Exhibit 1 - 13111612-01, #29 Exhibit 1 - 13111612-02, #30 Exhibit 1 - 13111615-01, #31 Exhibit 1 - 13111615-02, #32 Exhibit 1 - 13111618-01, #33 Exhibit 1 - 13111618-02, #34 Exhibit 1 - 13111621-01, #35 Exhibit 1 - 13111621-02, #36 Exhibit 1 - 21701250-01, #37 Exhibit 1 - 21801511-01, #38 Exhibit 1 - 21840936-01, #39 Exhibit 1 - 21841622-01, #40 Exhibit 1 - 21841646-01, #41 Exhibit 1 - 21881127-01, #42 Exhibit 1 - 21911432-01, #43 Exhibit 1 - 21911451-01, #44 Exhibit 1 - 21931405-01, #45 Exhibit 1 - 21951110-01 #46 Exhibit 1 - 21951539-01, #47 Exhibit 1 - 22050939-01, #48 Exhibit 1 - 22051012-01, #49 Exhibit 1 - 22051106-01, #50 Exhibit 1 - 22051310-01, #51 Exhibit 1 - 22122326-01, #52 Exhibit 1 - 22122326-02, #53 Exhibit 1 - 22122326-03, #54 Exhibit 1 - 22122326-04, #55 Exhibit 1 - 22141447-01, #56 Exhibit 1 - 22211506-01, #57 Exhibit 1 - 22271524-01, #58 Exhibit 1 - 22351418-01, #59 Exhibit 1 - 31680826-01, #60 Exhibit 1 - 31711426-01, #61 Exhibit 1 - 31751150-01, #62 Exhibit 1 - 31761126-01, #63 Exhibit 1 - 31791239-01, #64 Exhibit 1 - 31921113-01, #65 Exhibit 1 - 31921428-01, #66 Exhibit 1 - 31981751-01, #67 Exhibit 1 - 31981755-01, #68 Exhibit 1 - 31981807-01, #69 Exhibit 1 - 32042218-01, #70 Exhibit 1 - 32042309-01, #71 Exhibit 1 - 32042348-01, #72 Exhibit 1 - 32052329-01, #73 Exhibit 1 - 32061901-01, #74 Exhibit 1 - 32111120-01, #75 Exhibit 1 - 32181813-01, #76 Exhibit 1 - 32191553-01, #77 Exhibit 1 - 32241035-01, #78 Exhibit 1 - 32241454-01, #79 Exhibit 1 - 41691423-01, #80 Exhibit 1 - 41701341-01, #81 Exhibit 1 - 41751207-01, #82 Exhibit 1 - 41751207-02, #83 Exhibit 1 - 41881437-01, #84 Exhibit 1 - 41881437-02, #85 Exhibit 1 - 41881442-01, #86 Exhibit 1 - 41881442-02, #87 Exhibit 1 - 41881503-01, #88 Exhibit 1 - 41881503-02, #89 Exhibit 1 - 41891521-01, #90 Exhibit 1 - 41891521-02, #91 Exhibit 1 - 41900938-01, #92 Exhibit 1 - 41900938-02, #93 Exhibit 1 - 41951159-01, #94 Exhibit 1 - 41951159-02, #95 Exhibit 1 - 41970949-01, #96 Exhibit 1 - 41970949-02, #97 Exhibit 1 - 41971035-01, #98 Exhibit 1 - 41971035-02, #99 Exhibit 1 - 42031438-01, #100 Exhibit 1 - 42041642-01, #101 Exhibit 1 - 42091632-01, #102 Exhibit 1 - 42100924-01, #103 Exhibit 1 - 42100924-02, #104 Exhibit 1 - 42101503-01, #105 Exhibit 1 - 42101503-02, #106 Exhibit 1 - 42121044-01, #107 Exhibit 1 - 42121550-01, #108 Exhibit 1 - 42121550-02, #109 Exhibit 1 42241513-01, #110 Exhibit 1 - 42261356-01, #111 Exhibit 1 - 42261356-02, #112 Exhibit 1 - 42261356-03, #113 Exhibit 1 - 52221431-01), #114 Exhibit 1 - 52231523-01, #115 Exhibit 1 - 52241105-01, #116 Exhibit 1 - 52241446-01, #117 Exhibit 1 - 52250958-01, #118 Exhibit 1 - 53240932-01, #119 Exhibit 1 - 61541714-01, #120 Exhibit 1 - 61661145-01, #121 Exhibit 1 - 61661145-02, #122 Exhibit 1 - 61731456-01, #123 Exhibit 1 - 61731629-01, #124 Exhibit 1 - 61791715-01, #125 Exhibit 1 - 61831133-01, #126 Exhibit 1 - 61851153-01, #127 Exhibit 1 - 61851252-01, #128 Exhibit 1 - 61851430-01, #129 Exhibit 1 - 61890939-01, #130 Exhibit 1 - 61891012-01, #131 Exhibit 1 - 61891347-01, #132 Exhibit 1 - 61901433-01, #133 Exhibit 1 - 61901437-01, #134 Exhibit 1 - 61931350-01, #135 Exhibit 1 - 61941204-01, #136 Exhibit 1 - 61951413-01, #137 Exhibit 1 - 61961051-01, #138 Exhibit 1 - 61961342-01, #139 Exhibit 1 - 61961610-01, #140 Exhibit 1 - 71501224-01, #141 Exhibit 1 - 71501224-02, #142 Exhibit 1 - 71501224-03, #143 Exhibit 1 - 71571133-01, #144 Exhibit 1 - 71571133-02, #145 Exhibit 1 - 71571133-03, #146 Exhibit 1 - 71640955-01, #147 Exhibit 1 - 71640955-02, #148 Exhibit 1 - 71640955-03, #149 Exhibit 1 - 71641114-01, #150 Exhibit 1 - 71641114-02, #151 Exhibit 1 - 71641114-03, #152 Exhibit 1 - 71641253-01, #153 Exhibit 1 - 71641253-02, #154 Exhibit 1 - 71641253-03, #155 Exhibit 1 - 71641629-01, #156 Exhibit 1 - 71641629-02, #157 Exhibit 1 - 71641629-03, #158 Exhibit 1 - 71691311-01, #159 Exhibit 1 - 71691311-02, #160 Exhibit 1 - 71691311-03, #161 Exhibit 1 - 71701353-01, #162 Exhibit 1 - 71701353-02, #163 Exhibit 1 - 71701353-03, #164 Exhibit 1 - 71701842-01, #165 Exhibit 1 - 71701842-02, #166 Exhibit 1 - 71701842-03, #167 Exhibit 1 - 71741044-01, #168 Exhibit 1 - 71711044-02, #169 Exhibit 1 - 71711044-03, #170 Exhibit 1 - 71711644-01, #171 Exhibit 1 - 71711644-02, #172 Exhibit 1 - 71711644-03, #173 Exhibit 1 - 71731012-01, #174 Exhibit 1 - 71731012-02, #175 Exhibit 1 - 71731012-03, #176 Exhibit 1 - 71741008-01, #177 Exhibit 1 - 71741008-02, #178 Exhibit 1 - 71741008-03, #179 Exhibit 1 - 71741044-01, #180 Exhibit 1 - 71741044-02, #181 Exhibit 1 - 71741044-03, #182 Exhibit 1 - 71811218-01, #183 Exhibit 1 - 71811218-02, #184 Exhibit 1 - 71811218-03, #185 Exhibit 1 - 71811327-01, #186 Exhibit 1 - 71811327-02, #187 Exhibit 1 - 71811327-03, #188 Exhibit 1 - 71811531-01, #189 Exhibit 1 - 71811531-02, #190 Exhibit 1 - 71811531-03, #191 Exhibit 1 - 71881226-01, #192 Exhibit 1 - 71881226-02, #193 Exhibit 1 - 71881226-03, #194 Exhibit 1 - 71941649-01, #195 Exhibit 1 - 71941649-02, #196 Exhibit 1 - 71941649-03, #197 Exhibit 1 - 71951008-01, #198 Exhibit 1 - 71951008-02, #199 Exhibit 1 - 71951008-03, #200 Exhibit 1 - 2010-2018 Summary, #201 Exhibit 2 - 2010-2018 Loss Run, #202 Exhibit 3 - 2002 - 2008 Loss Run) (hmr).

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Defendant: North Sea Associates, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Isaac Muller
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Defendant: Pinegrove Manor II, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Parkview Care and Rehabilitation Center, Inc.
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Little Neck Care Center, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Golden Gate Rehabilitation & Health Care Center, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Throgs Neck Operating Company, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Bay Park Center Nursing & Rehabilitation, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Garden Care Center, Inc.
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Niskayuna Operating Co LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: US Management, Inc.
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Defendant: New Surfside Nursing Home, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Bent Philipson
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Park Avenue Operating Company, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Little Neck Nursing Home LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Willoughby Rehabilitation & Health Care Center LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Rashbi Management, Inc.
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Defendant: Nassau Operating Company, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Samuel Schlesinger
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Allstate Administrators, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Bayview Manor LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Woodmere Rehabilitation & Health Care Center, Inc.
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Brookhaven Rehabilitation & Health Care Center
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Townhouse Operating Company, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Avalon Gardens Rehabilitation & Health Care Center, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Sentosacare, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Eastchester Rehabilitation & Health Care Center, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: White Plains Center for Nursing, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Defendant: Shorefront Operating, LLC
Represented By: Nicholas J. Faso
Represented By: Christopher E. Buckey
Represented By: Jon T. Powers
Represented By: Ira S. Lipsius
Represented By: Alexander Jared Sperber
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Plaintiff: Oriska Insurance Company
Represented By: Antonio Faga
Represented By: James Kernan
Represented By: Kevin E. McCormack
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