State Farm Mutual Automobile Insurance Company et al v. Fatiha et al
| State Farm Fire and Casualty Company and State Farm Mutual Automobile Insurance Company |
| Changsheng Li, OMD, John Doe Defendants 1-5, Dr. Ibrahim Fatiha, Chiropractic, P.C., Concept Medical Supply, Inc., Bronx Management, Inc., Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C., Rosario A Bascon, M.D., Michael Berezovsky, Ibrahim Fatiha, D.C. and Changsheng Li, L.AC., OMD |
| 1:2020cv00443 |
| January 16, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 66
ORDER: THE JOINT LETTER MOTION FOR AN EXTENSION OF TIME TO COMPLETE DISCOVERY AT #57 IS DENIED AS MOOT IN LIGHT OF THE OPINION AND ORDER AT #59 . (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (brl)
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ORDER: COUNSEL FOR ALL PARTIES ARE DIRECTED TO APPEAR TELEPHONICALLY FOR A CONFERENCE WITH THE COURT ON OCTOBER 7, 2021, AT 4:00 P.M. COUNSEL SHOULD BE PREPARED TO DISCUSS ALL PENDING MOTIONS. COUNSEL SHOULD CALL (888) 557-8511 AT THE SCHEDULED TIME. THE ACCESS CODE IS 9300838. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (brl)
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Filing 65
LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Ryan Goldberg dated 9/14/21 re: #64 LETTER MOTION for Discovery to Quash Subpoenas addressed to Judge J. Paul Oetken from Svetlana Sobel dated 09/10/2021. . Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1- Letters Re: Subpoenas, #2 Exhibit 2-Copy of checks).(Goldberg, Ryan)
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Filing 64
LETTER MOTION for Discovery to Quash Subpoenas addressed to Judge J. Paul Oetken from Svetlana Sobel dated 09/10/2021. Document filed by Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, John Doe Defendants 1-5, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. (Attachments: #1 Exhibit copies of subpoenas).(Sobel, Svetlana)
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Filing 63
STATUS REPORT. Joint Status Letter pursuant to the Court's August 5, 2021 Docket Entry Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Goldberg, Ryan)
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Filing 62
LETTER addressed to Judge J. Paul Oetken from Svetlana Sobel dated 08/11/2021 re: in opposition to letter from Plaintiffs seeking to renew motion to strike defendants' answers. Document filed by Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, John Doe Defendants 1-5, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C...(Sobel, Svetlana)
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Filing 61
LETTER addressed to Judge J. Paul Oetken from Ryan Goldberg, Esq. dated August 9, 2021 re: Renewing Plaintiffs' Motion to Strike all Defendants' Answers. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Deficiency Letter dated June 15, 2021, #2 Exhibit 2 - Plaintiffs' Email dated June 22, 2021, #3 Exhibit 3 - Defendants' Response to Plaintiffs' Deficiency Letter, #4 Exhibit 4 - Defendants' Request for an Extension dated July 8, 2021, #5 Exhibit 5 - Plaintiffs' Email dated July 8, 2021).(Goldberg, Ryan)
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Filing 60
ORDER: THE PARTIES SHALL FILE A JOINT STATUS LETTER ON THE STATUS OF DISCOVERY ON OR BEFORE AUGUST 12, 2021. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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Filing 59
OPINION AND ORDER: For the foregoing reasons, Defendants' motion to dismiss and motion for judgment on the pleadings are DENIED, and their motion to stay is DENIED as moot. Plaintiffs' motion to strike is also DENIED. Defendants shall produce the initial discovery responses covered by the December 9, 2020 Order on or before May 24, 2021. Additionally, the parties are directed to meet and confer regarding an appropriate extended discovery schedule in light of this Opinion. The Clerk of Court is directed to close the motions at Docket Numbers 49 and 51. (Signed by Judge J. Paul Oetken on 5/12/2021) (vfr)
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Filing 58
LETTER MOTION to Compel Non-party Gala Trading, Inc. (Gala) to comply with a properly-served subpoena duces tecum addressed to Judge J. Paul Oetken from Ryan Goldberg dated 3/5/21. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1-Copies of the subject subpoena and corresponding affidavit of service, #2 Exhibit 2-Copies of Checks).(Goldberg, Ryan)
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Filing 57
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Ryan Goldberg dated 2/26/21. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Goldberg, Ryan)
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Filing 56
STATUS REPORT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Goldberg, Ryan)
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Filing 55
MEMORANDUM OF LAW in Opposition re: #49 MOTION to Dismiss for Lack of Jurisdiction . Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Pursuant to FRCP 12(c). Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Goldberg, Ryan)
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Filing 54
LETTER addressed to Judge J. Paul Oetken from Ryan Goldberg dated 1/8/21 re: Letter in response to defendants January 7th 2021 letter. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Goldberg, Ryan)
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Filing 53
LETTER RESPONSE in Support of Motion addressed to Judge J. Paul Oetken from Svetlana Sobel dated 01/07/2021 re: #51 LETTER MOTION to Stay Discovery addressed to Judge J. Paul Oetken from Svetlana Sobel dated 01/04/2021. Letter Response in further support of letter motion to stay discovery and in opposition to plaintiffs' letter request seeking conference prior to filing motion to strike answers. Document filed by Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. (Attachments: #1 Exhibit A - sample answers, #2 Exhibit B - email requesting subpoenaed copies).(Sobel, Svetlana)
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Filing 52
LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Ryan Goldberg dated 01/06/21 re: #51 LETTER MOTION to Stay Discovery addressed to Judge J. Paul Oetken from Svetlana Sobel dated 01/04/2021. "Plaintiffs letter in opposition to Defendants letter motion seeking a stay of discovery (See Docket No. 51) pending a decision on their motion to dismiss for lack of jurisdiction. See Docket No. 49. ". Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit -1 Email exchange dated 01/04/21 with Sobel asking for withdrawal of motion and her request for documents.).(Goldberg, Ryan)
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Filing 51
LETTER MOTION to Stay Discovery addressed to Judge J. Paul Oetken from Svetlana Sobel dated 01/04/2021. Document filed by Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. (Attachments: #1 Exhibit Ex A-1 - interrogatories, #2 Exhibit Ex A-2 - document demands).(Sobel, Svetlana)
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Filing 50
LETTER addressed to Judge J. Paul Oetken from Ryan Goldberg dated 01/04/21 re: "Letter Motion to Strike Defendants Answers". Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit December 21, 2020 email, #2 Exhibit December 23, 2020 email).(Goldberg, Ryan)
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Filing 49
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. Responses due by 1/14/2021 Return Date set for 1/21/2021 at 09:30 AM. (Attachments: #1 memorandum of law in support of motion, #2 Declaration of Svetlana Sobel, Esq., in support of motion, #3 Ex A to Declaration - Complaint, #4 Ex B-1 to Declaration - Answer of defendants Li and YY Balance, #5 Ex B-2 to Declaration - Answer of defendants Berezovsky and Bronx Management, #6 Ex B-3 to Declaration - Answer of defendants Bascon and Mission, #7 Ex B-4 to Declaration - Answer of defendants Fatiha and Fatiha Chiropractic, #8 Ex B-5 to Declaration - Answer of defendant Concept, #9 Ex C to Declaration - Map of Plaintiffs' offices in NYC, #10 Ex D - sample answer of plaintiff in state civil court, #11 Ex E-1 to Declaration - active case printout, #12 Ex E-2 to Declaration - active case printout, #13 Ex E-3 to Declaration - active case printout).(Sobel, Svetlana)
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Minute Entry for proceedings held before Judge J. Paul Oetken: Discovery Hearing held on 12/9/2020. (bh)
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Filing 48
ORDER denying #44 Letter Motion for Discovery; granting #46 Letter Motion to Compel. A conference with the Court was held by telephone in this case on December 9, 2020. For the reasons stated on the record, (1) Defendants' letter motion to quash Plaintiffs' subpoenas to the banking institutions is DENIED; and (2) Plaintiffs' letter motion to compel Defendants to respond to discovery requests served in September 2020 is GRANTED. Defendants shall provide discovery responses to Plaintiffs on or before December 23, 2020. If they fail to do so, the Court will entertain a motion for sanctions. The Clerk of Court is directed to close the motions at ECF Nos. 44 and 46. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/9/2020) (kv)
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Filing 47
ORDER: COUNSEL FOR THE PARTIES ARE DIRECTED TO APPEAR BY TELEPHONE AT 10:00 A.M. ON DECEMBER 9, 2020, FOR A CONFERENCE REGARDING THE PARTIES DISCOVERY DISPUTES. COUNSEL AND ANY INTERESTED PARTIES ARE DIRECTED TO DIAL (888) 557-8511 AT THE SCHEDULED TIME. THE ACCESS CODE IS 9300838. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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Filing 46
LETTER MOTION to Compel Defendants Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, D.C., Medical Mission Health Care, P.C., Rosario Abastillas Bascon, M.D., YY Balance Acupuncture Health Care, P.C.1, Changsheng Li, L.Ac., Bronx Management, Inc., Concept Medical Supply, Inc., and Michael Berezovsky (collectively, Defendants to Immediately provide full and complete responses to Plaintiffs First Set of Interrogatories and First Request for Production of Documents served on Defendants on or about September 18, 2020 (collectively the Discovery Requests) addressed to Judge J. Paul Oetken from Ryan Goldberg dated 12/3/2020. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A- Interrogatories and First Document Requests, #2 Exhibit B-Medical Mission Good Faith letter dated October 21, 2020, #3 Exhibit C-Second good faith letter dated November 10, 2020, #4 Exhibit D- E-mails exchanged between the Parties on November 23, 2020 and November 24, 2020).(Goldberg, Ryan)
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Filing 45
RESPONSE in Opposition to Motion re: #44 LETTER MOTION for Discovery to Quash Subpoenas addressed to Judge J. Paul Oetken from Svetlana Sobel dated 10/09/2020. . Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Decisions not available on Westlaw pursuant to Judge Oetkens Individual Rules (GEICO, et al. v. Albert J. Ciancimino, M.D., et al., Docket No. 1:19-cv-03933(LDH)(SJB) at Document No. 43 (E.D.N.Y. Jan. 21, 2020), #2 Decisions not available on Westlaw pursuant to Judge Oetkens Individual Rules(GEICO, et al. v. Lenex Services, Inc., et al., Docket No. 1:16-cv-06030(LDH)(JO) at Document No. 43 (E.D.N.Y. June 5, 2017,, #3 Decisions not available on Westlaw pursuant to Judge Oetkens Individual Rules(SFMAIC v. Eastern Medical, P.C., et al., Docket No. 1:05-cv-03804 (ENV)(RML) (E.D.N.Y.)).(Goldberg, Ryan)
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Filing 44
LETTER MOTION for Discovery to Quash Subpoenas addressed to Judge J. Paul Oetken from Svetlana Sobel dated 10/09/2020. Document filed by Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, John Doe Defendants 1-5, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. (Attachments: #1 Exhibit A - Chase subpoena, #2 Exhibit B - Investors Bank subpoena, #3 Exhibit C - Capital One subpoena, #4 Exhibit D - TD Bank subpoena).(Sobel, Svetlana)
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Filing 43
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Settlement discussions have taken place. The parties have conferred pursuant to Fed. R Civ. P. 26(f). Depositions shall be completed by February 26, 2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is three weeks. Counsel for the parties shall file a joint status letter on or before February 5, 2021, addressing (1) the status of discovery, and (2) whether the parties wish to be referred to a Magistrate Judge in March 2021 for a settlement conference.. Expert Deposition due by 4/17/2021. Fact Discovery due by 3/3/2021. Expert Discovery due by 4/17/2021. Ready for Trial by 7/19/2021. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 6(f) and 7(d)) shall be made in a written application in accordance with Court's Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. So Ordered. (Signed by Judge J. Paul Oetken on 9/10/2020) (js)
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NOTICE: THE CONFERENCE PREVIOUSLY SCHEDULED FOR SEPTEMBER 29, 2020, IS ADJOURNED SINE DIE. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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Filing 42
PROPOSED CASE MANAGEMENT PLAN. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Goldberg, Ryan)
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Filing 41
ORDER: COUNSEL FOR ALL PARTIES ARE DIRECTED TO APPEAR FOR A TELEPHONIC INITIAL PRETRIAL CONFERENCE WITH THE COURT ON SEPTEMBER 29, 2020, AT 2:30 P.M. COUNSEL AND ANY INTERESTED PARTIES ARE DIRECTED TO DIAL (888) 557-8511 AT THE SCHEDULED TIME. THE ACCESS CODE IS 9300838. COUNSEL WHO APPEAR AT THE PRETRIAL CONFERENCE MUST BE AUTHORIZED TO NEGOTIATE TERMS OF SETTLEMENT. COUNSEL ARE DIRECTED TO CONFER WITH EACH OTHER PRIOR TO THE CONFERENCE REGARDING SETTLEMENT AND EACH OF THE OTHER SUBJECTS TO BE CONSIDERED AT A FED. R. CIV. P. 16 CONFERENCE. COUNSEL ARE FURTHER DIRECTED TO USE THE COURTS CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER FORM (THE FORM) TO JOINTLY PREPARE A DETAILED WRITTEN PROPOSED SCHEDULE FOR ANY MOTIONS AND DISCOVERY. COUNSEL SHOULD TYPE ENTRIES INTO THIS FORM USING A COPY OF THE FORM AVAILABLE AT HTTPS://NYSD.USCOURTS.GOV/HON-J-PAUL-OETKEN. THE PARTIES SHALL SUBMIT A COPY OF THE COMPLETED FORM AT LEAST THREE BUSINESS DAYS PRIOR TO THE DATE OF THE CONFERENCE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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Filing 40
ANSWER to #1 Complaint,,,,. Document filed by Michael Berezovsky, Bronx Management, Inc...(Sobel, Svetlana)
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Filing 39
ANSWER to #1 Complaint,,,,. Document filed by YY Balance Acupuncture Health Care, P.C...(Sobel, Svetlana)
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Filing 38
ANSWER to #1 Complaint,,,,. Document filed by Changsheng Li, L.AC., OMD..(Sobel, Svetlana)
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Filing 37
ANSWER to #1 Complaint,,,,. Document filed by Concept Medical Supply, Inc...(Sobel, Svetlana)
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Filing 36
ANSWER to #1 Complaint,,,,. Document filed by Medical Mission Health Care, P.C...(Sobel, Svetlana)
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Filing 35
ANSWER to #1 Complaint,,,,. Document filed by Rosario A Bascon, MD..(Sobel, Svetlana)
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Filing 34
ANSWER to #1 Complaint,,,,. Document filed by Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC..(Sobel, Svetlana)
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Filing 33
ORDER denying as moot #20 Letter Motion for Extension of Time: DENIED AS MOOT IN LIGHT OF SUBSEQUENT SUPERSEDING MOTION. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 32
ORDER granting #30 Letter Motion for Extension of Time GRANTED. DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE AUGUST 30, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 31
LETTER addressed to Judge J. Paul Oetken from Garin Scollan dated 6/19/20 re: Plaintiffs request the Court deny Defendants motion for extension of time to answer or otherwise appear, and that the Court issue Certificates of Default. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Scollan, Garin)
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Filing 30
AMENDED LETTER MOTION for Extension of Time to Answer or otherwise appear addressed to Judge J. Paul Oetken from Svetlana Sobel dated June 19, 2020. Document filed by Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, John Doe Defendants 1-5, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. (Attachments: #1 Exhibit prior motion to extend time).(Sobel, Svetlana)
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Filing 29
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Michael Berezovsky).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 28
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Bronx Management, Inc.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 27
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Concept Medical Supply, Inc.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 26
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding YY Balance Acupuncture Health Care, P.C.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 25
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Chengsheng Li, L.Ac.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 24
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Medical Mission Health Care, P.C.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 23
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Rosario Abastillas Bascon, M.D.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 22
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Dr. Ibrahim Fatiha, Chiropractic, P.C.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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Filing 21
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit in Support of Certificate of Default regarding Ibrahim Fatiha, D.C.).(Scollan, Garin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/19/2020 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Garin Scollan. RE-FILE Document No. #26 Proposed Clerk's Certificate of Default #27 Proposed Clerk's Certificate of Default #22 Proposed Clerk's Certificate of Default #24 Proposed Clerk's Certificate of Default #29 Proposed Clerk's Certificate of Default #28 Proposed Clerk's Certificate of Default #21 Proposed Clerk's Certificate of Default #23 Proposed Clerk's Certificate of Default #25 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. Re-file each proposed clerk's certificate as a separate entry (please use the sample clerk's certificate that is on our website under forms, the ones that were filed were not as to form), then file one affidavit in support of all clerk's certificates as one separate entry. (Filed under other answers, affidavit in support of a non-motion). (km)
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Filing 20
LETTER MOTION for Extension of Time on behalf of all defendants, to answer or otherwise appear addressed to Judge J. Paul Oetken from Svetlana Sobel dated 03/22/2020. Document filed by Dr. Ibrahim Fatiha, Chiropractic, P.C...(Sobel, Svetlana)
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Filing 19
NOTICE OF APPEARANCE by Garin Scollan on behalf of State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company..(Scollan, Garin)
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Filing 18
SUMMONS RETURNED EXECUTED. Changsheng Li, L.AC., OMD served on 2/10/2020, answer due 3/2/2020. Service was accepted by Lu Pei Mei (Wife). Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 17
SUMMONS RETURNED EXECUTED. Rosario A Bascon, MD served on 2/12/2020, answer due 3/4/2020. Service was accepted by Alma Bascon (Daughter). Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 16
SUMMONS RETURNED EXECUTED. Michael Berezovsky served on 2/11/2020, answer due 3/3/2020. Service was accepted by Sofiya Berezovsky (Mother). Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 15
SUMMONS RETURNED EXECUTED. Dr. Ibrahim Fatiha, Chiropractic, P.C. served on 1/29/2020, answer due 2/19/2020. Service was accepted by New York Secretary of State. Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 14
SUMMONS RETURNED EXECUTED. Medical Mission Health Care, P.C. served on 1/29/2020, answer due 2/19/2020. Service was accepted by New York Secretary of State. Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 13
SUMMONS RETURNED EXECUTED. YY Balance Acupuncture Health Care, P.C. served on 1/29/2020, answer due 2/19/2020. Service was accepted by New York Secretary of State. Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 12
SUMMONS RETURNED EXECUTED. Concept Medical Supply, Inc. served on 1/29/2020, answer due 2/19/2020. Service was accepted by New York Secretary of State. Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 11
SUMMONS RETURNED EXECUTED. Bronx Management, Inc. served on 1/29/2020, answer due 2/19/2020. Service was accepted by New York Secretary of State. Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 10
SUMMONS RETURNED EXECUTED. Ibrahim Fatiha, DC served on 2/11/2020, answer due 3/3/2020. Service was accepted by Ibrahim Fatiha, D.C.. Document filed by State Farm Fire and Casualty Company ; State Farm Mutual Automobile Insurance Company..(Levy, Barry)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, Changsheng Li, L.AC., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. (sj)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company.(Goldberg, Ryan)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Ibrahim Fatiha, D.C., Dr. Ibrahim Fatiha, Chiropractic, P.C., Rosario Abastillas Bascon, M.D.,Medical Mission Health Care, P.C., Changsheng Li, L.A.C.,OMD,YY Balance Acupuncture Health Care, P.C., Concept Medical Supply, Inc., Bronx Management, Inc.,Michael Berezovsky, re: #1 Complaint,,,,. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Goldberg, Ryan)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry I. Levy to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As To:' Error; party names listed in the as to docket entry must appear exactly as the appear in the caption on the pleading. Do not use abbreviations. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Barry I. Levy to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 6
NOTICE OF APPEARANCE by Ryan Craig Goldberg on behalf of State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Goldberg, Ryan)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, Changsheng Li, L.A.C., OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C., re: #1 Complaint,,,,. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Levy, Barry) Modified on 1/21/2020 (dnh).
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Filing 4
CIVIL COVER SHEET filed. (Levy, Barry)
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Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barry I. Levy. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,000,000; the County code has been modified to XX Out of State. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barry I. Levy to RE-FILE Document No. #2 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney; defendant name on the docket entry text (Changsheng Li, OMD) contains a typographical error; party name entered in docket entry text, but does not appear on ride - remove John Doe Defendants 1-5 from the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Barry I. Levy. The party information for the following party/parties has been modified: Changsheng Li, OMD was modified to Changsheng Li, L.AC., OMD. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Barry I. Levy to RE-FILE Document. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet; caption error; if all names do not fit in the space provided, use 'et al' following the name of the first listed defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne)
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Filing 3
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company.(Levy, Barry) Modified on 1/21/2020 (lb).
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Filing 2
FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, John Doe Defendants 1-5, Changsheng Li, OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C., re: #1 Complaint,,,,. Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Levy, Barry) Modified on 1/17/2020 (pne).
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Filing 1
COMPLAINT against Rosario A Bascon, MD, Michael Berezovsky, Bronx Management, Inc., Concept Medical Supply, Inc., Dr. Ibrahim Fatiha, Chiropractic, P.C., Ibrahim Fatiha, DC, John Doe Defendants 1-5, Changsheng Li, OMD, Medical Mission Health Care, P.C., YY Balance Acupuncture Health Care, P.C.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18523987)Document filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1- Representative Sample of Claims Submitted by Dr. Ibrahim Fatiha Chiropractor, P.C., #3 Exhibit 2-Representative Sample of Claims Submitted by Medical Mission Health Care, P.C., #4 Exhibit 2A-Representative Sample of Claims Submitted by Medical Mission Health Care, P.C., #5 Exhibit 2B-Representative Sample of Claims Submitted by Medical Mission Health Care, P.C., #6 Exhibit 3-Representative Sample of Claims Submitted by Li YY Balance Acupuncture Health Care, P.C., #7 Exhibit 4-Representative Sample of Claims Submitted by Concept Medical Supply, Inc., #8 Exhibit 5- AANEM Recommended Policy)(Levy, Barry)
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