Meinken v. Group Health Incorporated
| Russell Meinken |
| Emblem Health and Group Health Incorporated |
| 1:2018cv08399 |
| September 14, 2018 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Other Statutory Actions |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2018. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 11/2/2018. Decision: Conference held. (Defendant appeared by phone). Defendant has 30 days to implead additional parties if desired. Parties to move for summary judgment and these motions should be fully briefed by the end of February 2019. Submitted by: Kyla Magun. (mde) . |
| Filing 19 AMENDED COMPLAINT amending #1 Complaint against Emblem Health, Group Health Incorporated with JURY DEMAND.Document filed by Russell Meinken. Related document: #1 Complaint.(Axelrod, Robert) |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re: #17 Order to Show Cause,,,. Document filed by Russell Meinken. (Axelrod, Robert) |
Filing 17
ORDER TO SHOW CAUSE: PLAINTIFF IS HEREBY ORDERED TO SHOW CAUSE, before this court, in Courtroom 24A of the Moynihan Courthouse, 500 Pearl Street, New York, New York, on Friday, November 2, at 11:45 AM, why this action should not be dismissed for want of subject matter jurisdiction, on the ground that the Plan at issue, being a "governmental plan" within the meaning of ERISA, is not an "ERISA" Plan covered by the federal statute. Plaintiff shall file papers no later than 5 PM on Thursday, November 1 in the event that he intends to contest the motion. No written reply will be necessary; the court will hear argument the following day. Show Cause Hearing set for 11/2/2018 at 11:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Show Cause Response due by 11/1/2018. (Signed by Chief Judge Colleen McMahon on 10/23/2018) (mml)
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| Filing 16 DECLARATION of Luz Noemi Campos in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Emblem Health, Group Health Incorporated. (Attachments: #1 Exhibit A - Declaration of L. Campos - Certificate of Insurance)(Manalansan, Carlos) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Emblem Health, Group Health Incorporated. (Manalansan, Carlos) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Emblem Health, Group Health Incorporated. Responses due by 11/5/2018(Manalansan, Carlos) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Health Insurance Plan of Greater New York for Group Health Incorporated. Document filed by Emblem Health, Group Health Incorporated.(Manalansan, Carlos) |
| Filing 12 NOTICE OF APPEARANCE by Carlos G. Manalansan on behalf of Emblem Health, Group Health Incorporated. (Manalansan, Carlos) |
| Filing 11 NOTICE of ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE. Document filed by Russell Meinken. (Axelrod, Robert) |
| Filing 10 NOTICE of NOTICE OF ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE re: #9 Order for Initial Pretrial Conference. Document filed by Russell Meinken. (Axelrod, Robert) |
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Filing 9
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/2/2018 at 11:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/3/2018) (jca)
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| Filing 8 AFFIDAVIT OF SERVICE. Group Health Incorporated served on 10/1/2018, answer due 10/22/2018. Service was accepted by LUZ CAMPOS. Document filed by Russell Meinken. (Axelrod, Robert) |
| Filing 7 AFFIDAVIT OF SERVICE. Emblem Health served on 10/1/2018, answer due 10/22/2018. Service was accepted by LUZ CAMPOS. Document filed by Russell Meinken. (Axelrod, Robert) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Group Health Incorporated. (jgo) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Emblem Health. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert J Axelrod. The party information for the following party/parties has been modified: Russell Meinken. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert J Axelrod. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to EMBLEM HEALTH, re: #1 Complaint. Document filed by Russell Meinken. (Axelrod, Robert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to GROUP HEALTH INCORPORATED, re: #1 Complaint. Document filed by Russell Meinken. (Axelrod, Robert) |
| Filing 2 CIVIL COVER SHEET filed. (Axelrod, Robert) |
| Filing 1 COMPLAINT against Emblem Health, Group Health Incorporated. (Filing Fee $ 400.00, Receipt Number 0208-15572313)Document filed by Russell Meinken.(Axelrod, Robert) |
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