Hyperion Medical, P.C. v. UnitedHealthcare Insurance Company of New York
Plaintiff: Hyperion Medical, P.C.
Defendant: UnitedHealthcare Insurance Company of New York
Case Number: 1:2020cv05081
Filed: July 2, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Andrew L Carter
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1446 nr
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2020 Filing 19 LETTER addressed to Judge Andrew L. Carter, Jr. from David Etkind dated 08/20/2020 re: Motion to remand is fully briefed_no courtesy copy of the papers will be provided. Document filed by Hyperion Medical, P.C...(Etkind, David)
August 20, 2020 Filing 18 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Hyperion Medical, P.C...(Etkind, David)
August 13, 2020 Filing 17 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Remand to State Court . . Document filed by UnitedHealthcare Insurance Company of New York..(Bernstein, Michael)
August 10, 2020 Filing 16 LETTER addressed to Judge Andrew L. Carter, Jr. from David Etkind dated 08/10/2020 re: proposed motion to dismiss. Document filed by Hyperion Medical, P.C...(Etkind, David)
August 6, 2020 Opinion or Order Filing 15 ORDER, On July 30, 2020, Defendant submitted a letter motion for a conference on its anticipated motion to dismiss. (ECF No. 9). Plaintiff should respond to this letter by August 11, 2020. SO ORDERED. Set Deadlines/Hearing as to #9 LETTER MOTION for Conference /Request for a Pre-motion Conference addressed to Judge Andrew L. Carter, Jr. from Michael H. Bernstein dated July 30, 2020. :( Responses due by 8/11/2020) (Signed by Judge Andrew L. Carter, Jr on 8/6/20) (yv)
August 3, 2020 Filing 14 MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . Correction for Docket No. #13. Document filed by Hyperion Medical, P.C...(Etkind, David)
July 30, 2020 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #14) MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Hyperion Medical, P.C...(Etkind, David) Modified on 8/4/2020 (kj).
July 30, 2020 Filing 12 AFFIRMATION of David Etkind in Support re: #11 MOTION to Remand to State Court .. Document filed by Hyperion Medical, P.C.. (Attachments: #1 State court complaint, #2 12.3.19 email requesting the patient identities, #3 12.4.19 email that attached the EOB forms that contained the patient identities, #4 2.10.20 email_Defendant had researched each of the claims at issue, #5 Email analyzing additional claims, #6 Email_what is the reason why the Plaintiff cannot perform the test, #7 Legal bill through 7.29.20).(Etkind, David)
July 30, 2020 Filing 11 MOTION to Remand to State Court . Document filed by Hyperion Medical, P.C.. Return Date set for 9/1/2020 at 09:30 AM..(Etkind, David)
July 30, 2020 Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand . Document filed by Hyperion Medical, P.C.. Return Date set for 9/1/2020 at 09:30 AM. (Attachments: #1 Affirmation in Suport, #2 State court complaint, #3 12.3.19 email requesting the patient identies, #4 12.4.19 email providing the patient identies by providing the EOB forms at issue, #5 2.10.20 email_we have researched each of the claims at issue, #6 email_we have analyzed the additional claims, #7 email why can Plaintiff not perform the test, #8 legal bill through 7.29.20, #9 Memorandum of Law in Support).(Etkind, David) Modified on 7/30/2020 (ldi).
July 30, 2020 Filing 9 LETTER MOTION for Conference /Request for a Pre-motion Conference addressed to Judge Andrew L. Carter, Jr. from Michael H. Bernstein dated July 30, 2020. Document filed by UnitedHealthcare Insurance Company of New York..(Bernstein, Michael)
July 30, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Alan Etkind to RE-FILE Document #10 MOTION to Remand . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
July 8, 2020 Opinion or Order Filing 8 ORDER granting #5 Letter Motion for Extension of Time to Answer re #1 Notice of Removal,. SO ORDERED. UnitedHealthcare Insurance Company of New York answer due 7/30/2020. (Signed by Judge Andrew L. Carter, Jr on 7/8/2020) (rj) Modified on 7/16/2020 (rj).
July 7, 2020 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hyperion Medical, P.C...(Etkind, David)
July 7, 2020 Filing 6 LETTER addressed to Judge Andrew L. Carter, Jr. from David Etkind dated 7/7/20 re: extension of time to file an answer. Document filed by Hyperion Medical, P.C...(Etkind, David)
July 6, 2020 Filing 5 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Andrew L. Carter, Jr. from Michael H. Bernstein dated July 6, 2020. Document filed by UnitedHealthcare Insurance Company of New York..(Bernstein, Michael)
July 6, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael H Bernstein. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Dollar Demand $13,400,000,000; County code Albany;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the Dollar Demand has been modified to $134,000; the County code has been modified to New York;. (jgo)
July 6, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(jgo)
July 6, 2020 Magistrate Judge Barbara C. Moses 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. (jgo)
July 6, 2020 Case Designated ECF. (jgo)
July 2, 2020 Filing 4 CERTIFICATE OF SERVICE of Notice of Removal with exhibits, Rule 7.1 Corporate Disclosure Statement and Civil Cover Sheet served on David Etkind, counsel for Plaintiff on July 2, 2020. Service was made by Mail. Document filed by UnitedHealthcare Insurance Company of New York..(Bernstein, Michael)
July 2, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group Incorporated, Other Affiliate United HealthCare Insurance Company, Other Affiliate United Healthcare Services, Inc., Other Affiliate UHIC Holdings, Inc. for UnitedHealthcare Insurance Company of New York. Document filed by UnitedHealthcare Insurance Company of New York..(Bernstein, Michael)
July 2, 2020 Filing 2 CIVIL COVER SHEET filed..(Bernstein, Michael)
July 2, 2020 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656751/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-20527053).Document filed by UnitedHealthcare Insurance Company of New York. (Attachments: #1 Exhibit A-Summons and Complaint, #2 Exhibit B-Declaration of Mabel S. Fairley, #3 Exhibit C- NYS Court Notice of Notice of Removal).(Bernstein, Michael)

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Defendant: UnitedHealthcare Insurance Company of New York
Represented By: Michael H Bernstein
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Plaintiff: Hyperion Medical, P.C.
Represented By: David Alan Etkind
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