Milione, D.C. v. Humana Insurance Company of New York et al
| Donald P. Milione, D.C. |
| Humana Insurance Company of New York, Inc., United Healthcare, Optumhealth Care Solutions, LLC, Oxford Health Plans and Humana Insurance Company of New York |
| Oxford Heath Plans |
| 1:2020cv02100 |
| March 9, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on November 18, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER: By phone on November 4, 2020, the parties advised the Court that all claims asserted herein have been settled in principle. Accordingly, the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be so ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 11/18/2020) (kv)
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| Filing 37 ACKNOWLEDGMENT OF SERVICE of Order to Show Cause with Supporting Documents served on Humana Insurance Company of New York on 10/09/2020. Service was accepted by Sue Zouky, Business Document Spec. II. Service was made by Certified Mail. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
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Filing 36
ORDER re: #34 Order. Accordingly, it is hereby ORDERED that: By October 9, 2020, Plaintiff shall serve copies of the Order to Show Cause and the supporting papers on Humana by Federal Express. In addition, Plaintiff shall serve Humana by service on the Secretary of State, pursuant to N.Y. Bus. Corp. Law 306. If Plaintiff is aware of Humana's e-mail address, Plaintiff shall also serve Humana by e-mail. By October 16, 2020, Plaintiff shall file proof of se1vice as directed by the Court's September 16 Order. ECF No. 33. SO ORDERED. (Signed by Judge Analisa Torres on 10/7/2020) (kv)
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| Filing 35 LETTER addressed to Judge Analisa Torres from Eugene Killian, Jr. dated October 5, 2020 re: Judge's Order of October 2, 2020. Document filed by Donald P. Milione, D.C.. (Attachments: #1 Notice of Non-Service, #2 Fed-Ex Confirmation).(Killian, Eugene) |
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Filing 34
ORDER re: #33 Order to Show Cause. On September 16, 2020, the Court ordered Plaintiff to file proof of service of the Court's order to show cause and supporting documents on Defendants by September 25, 2020. ECF No. 33. That submission is overdue. Accordingly, it is ORDERED that by October 7, 2020, Plaintiff shall file proof of service as directed by the Court's September 16 order. SO ORDERED. (Signed by Judge Analisa Torres on 10/2/2020) (kv)
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Filing 33
ORDER: Accordingly, it is hereby ORDERED that: 1. In light of the COVID-19 pandemic, the motion for default judgment will be resolved on the papers. 2. By September 23, 2020, Plaintiff shall serve copies of this Order to Show Cause and the Supporting Papers by personal service. 3. By September 25, 2020, Plaintiff shall file on the docket (1) proof of service, and (2) the Supporting Papers that were served upon Humana (as an attachment to the proof of service). 4. By October 23, 2020, Humana shall respond to Plaintiffs motion. 5. By October 30, 2020, Plaintiff shall submit his reply, if any. The initial pretrial conference scheduled for September 17, 2020, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 9/16/2020) (kv)
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| Filing 32 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Donald P. Milione, D.C...(Killian, Eugene) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 31 DECLARATION of Donald P. Milione, D.C. in Support re: #29 Proposed Order to Show Cause Without Emergency Relief. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
| Filing 30 DECLARATION of Eugene Killian, Jr. in Support re: #29 Proposed Order to Show Cause Without Emergency Relief. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
| Filing 29 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Donald P. Milione, D.C...(Killian, Eugene) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #32 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Set/Reset Deadlines: Responses due by 10/23/2020 Replies due by 10/30/2020. (kv) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #29 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Eugene Killian to RE-FILE Document No. #29 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the proposed default judgment needs to be filed separately (filed under proposed orders, proposed default judgment). (km) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Donald P. Milione, D.C.. (Attachments: #1 Declaration of Eugene Killian in support of Order to Show Cause for Default Judgment, #2 Declaration of Plaintiff, Donald P. Milione, D.C. in Support of Order to Show Cause for Default Judgment).(Killian, Eugene) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 9/15/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Eugene Killian to RE-FILE Document No. #28 Proposed Default Judgment. The filing is deficient for the following reason(s): the order to show cause needs to be filed as a separate entry (filed under proposed orders, proposed order to show cause without emergency relief). The declaration in support also needs to be filed separately (filed under other answers, declaration in support of a non-motion). The proposed default judgment needs to be filed separately as well (filed under proposed orders, proposed default judgment). (km) |
| Filing 27 CLERK'S CERTIFICATE OF DEFAULT as to Humana Insurance Company of New York.(km) |
| Filing 26 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Donald P. Milione, D.C...(Killian, Eugene) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Donald P. Milione, D.C...(Killian, Eugene) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/11/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Eugene Killian. RE-FILE Document No. #25 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the clerk's certificate that is filed is not as to form. Please use the sample's clerk's certificate that is on our website, under forms. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km) |
| Filing 24 DECLARATION of Eugene Killian, Jr. in Support re: #23 Proposed Clerk's Certificate of Default. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
| Filing 23 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Donald P. Milione, D.C...(Allen, Jessica) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/10/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jessica Allen. RE-FILE Document No. #23 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed clerk's certificate of default is the wrong document. The document attached is the request to enter default (Which is no longer needed). Please refile the proposed clerk's certificate of default. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Donald P. Milione, D.C.. (Attachments: #1 Declaration of Eugene Killian, Jr. in Support of Request for Clerk's Certificate of Default).(Allen, Jessica) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/9/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jessica Allen. RE-FILE Document No. #22 Proposed Clerk's Certificate of Default. The filing is deficient for the following reasons: Please refer to ECF Rule 16.1. The request to enter default is no longer needed. The clerk's certificate needs to be filed as one entry (filed under proposed orders, proposed clerk's certificate of default). The declaration in support also needs to be filed separately (filed under other answers, declaration in support of a non-motion). Anything you wish to attach, can be added as exhibits to the declaration. (km) |
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Filing 21
ORDER: On August 11, 2020, the Court directed Plaintiff to file a request for a certificate of default by August 21, 2020, and thereafter to file any intended motion for default judgment. ECF No. 20. Plaintiff has failed to do so. Accordingly, it is ORDERED that Plaintiff shall promptly review the Court's August 11 order and, by September 11, 2020, shall file any motion for default judgment. It is further ORDERED that if Plaintiff does not move for default judgment by that date, then by September 11, 2020, Plaintiff shall file a letter indicating whether he intends to continue prosecuting this action. SO ORDERED. Motions due by 9/11/2020. (Signed by Judge Analisa Torres on 9/8/2020) (kv)
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Filing 20
ORDER denying #19 Motion for Default Judgment. To avoid confusion, the motions at ECF Nos. 15 and 19 are DENIED. It is ORDERED that by August 21, 2020, Plaintiff shall file a new request for a certificate of default that complies with Local Rule 55.1 and Section 16.1 of the SDNY Electronic Case Filing Rules and Instructions. In order to allow time for Plaintiff to complete the process of obtaining a certificate of default, and to submit a motion for default judgment compliant with Rule III(M) of this Court's Individual Practices in Civil Cases, the initial pretrial conference scheduled for August 17, 2020, is ADJOURNED to September 17, 2020, at 11:40 a.m. The conference shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. By September 10, 2020, Plaintiff shall file his motion for default judgment. The Clerk of Court is directed to terminate the motions at ECF Nos. 15 and 19. SO ORDERED. (Signed by Judge Analisa Torres on 8/11/2020) (kv)
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| Set/Reset Hearings:( Initial Conference set for 9/17/2020 at 11:40 AM before Judge Analisa Torres.), Set/Reset Deadlines: ( Motions due by 9/10/2020.) (kv) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION for Default Judgment as to Defendant Humana Insurance Company of New York. Document filed by Donald P. Milione, D.C.. Responses due by 7/28/2020 (Attachments: #1 Declaration in Support of Motion).(Killian, Eugene) Modified on 8/13/2020 (lb). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Eugene Killian to RE-FILE Document #15 MOTION for Default Judgment as to Default Against Defendant Humana Insurance Company of New York.. ERROR(S): Supporting Documents Must Be Filed Separately. (lb) |
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Filing 18
STIPULATION OF DISMISSAL WITH PREJUDICE AS TO UNITED HEALTHCARE, OPTUMHEALTH CARE SOLUTIONS, LLC and OXFORD HEALTH PLANS ONLY: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Donald P. Milione, D.C. and Defendants United Healthcare, Optumhealth Care Solutions, LLC, and Oxford Health Plans, through their undersigned counsel, that the above-captioned civil action is hereby dismissed in its entirety, with prejudice, and without costs or fees to any party. SO ORDERED. United Healthcare, Optumhealth Care Solutions, LLC and Oxford Health Plans terminated. (Signed by Judge Analisa Torres on 7/16/2020) (kv)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #17 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 17 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Optumhealth Care Solutions, LLC, Oxford Health Plans, United Healthcare and without costs. Document filed by Donald P. Milione, D.C.. Proposed Order to be reviewed by Clerk's Office staff...(Killian, Eugene) |
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Filing 16
ORDER: In order to allow time for Plaintiff to complete the process of obtaining a certificate of default, and to submit a motion for default judgment compliant with Rule III(M) of this Court's Individual Practices in Civil Cases, the initial pretrial conference scheduled for July 14, 2020, is ADJOURNED to August 17, 2020, at 11:40 a.m. The conference shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. By August 10, 2020, Plaintiff shall file his motion for default judgment, and any motion for dismissal of parties with whom settlement has been reached. SO ORDERED. Motions due by 8/10/2020. Initial Conference set for 8/17/2020 at 11:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/9/2020) (kv)
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| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION for Default Judgment as to Default Against Defendant Humana Insurance Company of New York. Document filed by Donald P. Milione, D.C.. (Attachments: #1 Declaration of Eugene Killian, Jr. in Support f Request for Clerk's Certificate of Default).(Killian, Eugene) Modified on 7/27/2020 (lb). |
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Filing 14
ORDER: Accordingly, it is ORDERED that by July 9, 2020, Plaintiff shall file his motions for default judgment and for dismissal of any parties with which settlement has been reached, or the parties shall file a joint status letter and proposed case management plan. SO ORDERED. Motions due by 7/9/2020. (Signed by Judge Analisa Torres on 7/8/2020) (kv)
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Filing 13
ORDER: In light of Plaintiffs letter dated June 22, 2020, ECF No. 12, the initial pretrial conferencescheduled for June 25, 2020, is ADJOURNED to July 14, 2020, at 11:00 a.m. The conference shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. By July 7, 2020, either Plaintiff shall file his anticipated motions for default judgment and for dismissal of any parties with which settlement has been reached, or the parties shall submit their joint status letter and proposed case management plan. SO ORDERED. Motions due by 7/7/2020. Initial Conference set for 7/14/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 6/22/2020) (kv)
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| Filing 12 LETTER addressed to Judge Analisa Torres from Eugene Killian dated 06-22-2020 re: settlement. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
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Filing 11
ORDER. On May 22, 2020, the Court ordered the parties to submit their joint status letter and proposed case management plan by June 18, 2020, in advance of the initial pretrial conference scheduled for June 25, 2020. ECF No. 10. Those submissions are now overdue. Accordingly, it is ORDERED that by June 22, 2020, the parties shall file their joint letter and proposed case management plan. SO ORDERED. (Signed by Judge Analisa Torres on 6/19/2020) (rjm)
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Filing 10
ORDER: Plaintiff's motion to adjourn the initial pretrial conference, ECF No. 9, is GRANTED. The initial pretrial conference scheduled for May 27, 2020, is ADJOURNED to June 25, 2020, at 11:20 a.m. The conference shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. By June 18, 2020, the parties shall submit their joint status letter and proposed case management plan. The Clerk of Court is directed to terminate the motion at ECF No. 9. Initial Conference set for 6/25/2020 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/22/2020) (cf)
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| Filing 9 LETTER addressed to Judge Analisa Torres from Eugene Killian dated 05/22/2020 re: adjournment request. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
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Filing 8
ORDER: Accordingly, it is ORDERED that by May 22, 2020, the parties shall submit their joint letter and proposed case management plan. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 5/21/2020) (cf)
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Filing 7
ORDER: It is ORDERED that the initial pretrial conference scheduled for May 27, 2020, at 11:40 a.m. shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. In addition, to protect the public health, while promoting the 'just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 5/20/2020) (cf) Modified on 5/21/2020 (cf).
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| Filing 6 AFFIDAVIT OF SERVICE. Optumhealth Care Solutions, LLC served on 3/12/2020, answer due 4/2/2020. Service was accepted by Jana Floyd, CT Corporation System, Inc.. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
| Filing 5 AFFIDAVIT OF SERVICE. Humana Insurance Company of New York served on 3/12/2020, answer due 4/2/2020. Service was accepted by Karen Burton, N.E. Sales Supervisor. Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
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Filing 4
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 5/27/2020 at 11:40 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 3/16/2020) (cf)
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Filing 3
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 3/16/2020) (cf)
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| Magistrate Judge Ona T. Wang 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eugene Killian, Jr.. 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eugene Killian, Jr.. The party information for the following party/parties has been modified: United Healthcare, Optumhealth Care Solutions, LLC, Oxford Health Plans, Humana Insurance Company of New York. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (pne) |
| Filing 2 CIVIL COVER SHEET filed..(Killian, Eugene) |
| Filing 1 COMPLAINT against Humana Insurance Company of New York, Inc., Optumhealth Care Solutions, LLC, Oxford Heath Plans, United Healthcare. (Filing Fee $ 400.00, Receipt Number ANYSDC-19053985)Document filed by Donald P. Milione, D.C...(Killian, Eugene) |
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