Valentini et al v. Group Health Incorporated et al
| Valerio Valentini and Kathleen Valentini |
| CareCore National LLC d/b/a eviCore, Group Health Incorporated, Emblem Health, Inc. and John Does 1 and 2 |
| 1:2020cv09526 |
| November 12, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2021. A more recent docket listing may be available from PACER.
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Filing 42
ORDER granting #40 Letter Motion for Extension of Time; granting #40 Letter Motion for Leave to File Excess Pages. It is hereby ORDERED that Plaintiffs' requests are GRANTED. Plaintiffs may file a single 40-page brief responding to Defendants' two Motions to Dismiss. Plaintiffs shall submit their opposition by January 18, 2021, and Defendants shall submit their replies by February 4, 2021. The Court wishes Mr. Cohens son the best and thanks him for his service. SO ORDERED.. (Signed by Judge John P. Cronan on 12/22/2020) (jca)
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Filing 41
ORDER granting #28 MOTION to Withdraw #16 LETTER MOTION to Seal; withdrawing #16 Letter Motion to Seal. Accordingly, Defendants' request to withdraw their motion to seal the GHI Comprehensive Benefits Plan is GRANTED, and their motion to seal Plaintiff's confidential health records and references to those records in their Motions to Dismiss is GRANTED. This Order, of course, does not address Plaintiffs' right to disclose any personal medical records in their own motion practice. The Clerk of the Court is respectfully directed to close the motions pending at docket numbers 16 and 28. SO ORDERED. (Signed by Judge John P. Cronan on 12/23/2020) (jca)
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Set/Reset Deadlines: Responses due by 1/18/2021, Replies due by 2/4/2021. (jca)
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Filing 40
FIRST LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Steve Cohen dated 12/22/2020., FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge John P. Cronan from Steve Cohen dated 12/22/2020.( Return Date set for 1/8/2021 at 11:59 PM.) Document filed by Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Cohen, Steve)
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Filing 39
LETTER addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 21, 2020 re: Motion to Seal. Document filed by CareCore National LLC d/b/a eviCore, Emblem Health, Inc., Group Health Incorporated..(Wohlforth, Eric)
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Filing 38
NOTICE OF APPEARANCE by Agatha M. Cole on behalf of Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Cole, Agatha)
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Filing 37
ORDER granting #15 Motion for Joshua T. Calo to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 36
MEMO ENDORSEMENT on re: #34 LETTER addressed to Judge John P. Cronan from Jordan K. Merson dated December 17, 2020 re: Defendant's request to seal. Document filed by Kathleen Valentini, Valerio Valentini (on behalf of his minor son M.V.), Valerio Valentini. ENDORSEMENT: It is hereby ORDERED that Defendants shall respond to Plaintiffs' letter by December 21, 2020. SO ORDERED. (Signed by Judge John P. Cronan on 12/17/2020) (rjm)
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Filing 35
NOTICE OF APPEARANCE by Steve Cohen on behalf of Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Cohen, Steve)
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Filing 34
LETTER addressed to Judge John P. Cronan from Jordan K. Merson dated December 17, 2020 re: Defendant's request to seal. Document filed by Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Merson, Jordan)
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Filing 33
NOTICE OF APPEARANCE by Jordan Koel Merson on behalf of Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Merson, Jordan)
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Filing 32
NOTICE OF APPEARANCE by Jordan Koel Merson on behalf of Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Merson, Jordan)
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Filing 31
DECLARATION of E. Evans Wohlforth, Jr., Esq. in Support re: #28 MOTION to Withdraw #16 LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020. Withdraw Motion to Seal as to Exhibit A Only.. Document filed by CareCore National LLC d/b/a eviCore, Group Health Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Wohlforth, Eric)
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Filing 30
REDACTION to #21 Redacted Document, #16 LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020. Memorandum of Law in Support of CareCore National LLC d/b/a eviCore's Motion to Dismiss (Revised as to Exhibit A) by CareCore National LLC d/b/a eviCore.(Wohlforth, Eric)
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Filing 29
***SELECTED PARTIES*** BRIEF re: #16 LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020., #18 Brief,, Memorandum of Law in Support of CareCore National LLC d/b/a eviCore's Motion to Dismiss (Revised as to Exhibit A). Document filed by CareCore National LLC d/b/a eviCore, Emblem Health, Inc., Group Health Incorporated, Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini.Motion or Order to File Under Seal: #16 .(Wohlforth, Eric)
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Filing 28
MOTION to Withdraw #16 LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020. Withdraw Motion to Seal as to Exhibit A Only. Document filed by CareCore National LLC d/b/a eviCore, Group Health Incorporated..(Wohlforth, Eric)
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Filing 27
PROPOSED ORDER. Document filed by CareCore National LLC d/b/a eviCore. Related Document Number: #24 ..(Wohlforth, Eric) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 26
PROPOSED ORDER. Document filed by Group Health Incorporated. Related Document Number: #23 ..(Wohlforth, Eric) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #26 Proposed Order #27 Proposed Order was reviewed and approved as to form. (km)
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Filing 25
DECLARATION of E. Evans Wohlforth, Jr., Esq. in Support re: #23 MOTION to Dismiss ., #24 MOTION to Dismiss .. Document filed by CareCore National LLC d/b/a eviCore, Group Health Incorporated..(Wohlforth, Eric)
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Filing 24
MOTION to Dismiss . Document filed by CareCore National LLC d/b/a eviCore. (Attachments: #1 Certification of Service).(Wohlforth, Eric)
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Filing 23
MOTION to Dismiss . Document filed by Group Health Incorporated. (Attachments: #1 Certification of Service).(Wohlforth, Eric)
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Filing 22
REDACTION to #19 Redacted Document,, Exhibits A-F to the Certification of E. Evans Wohlforth, Jr. in Support of the Motion to Dismiss by CareCore National LLC d/b/a eviCore, Group Health Incorporated (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Wohlforth, Eric)
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Filing 21
REDACTION to #18 Brief,, Memorandum of Law in Support of CareCore National LLC d/b/a eviCore's Motion to Dismiss by CareCore National LLC d/b/a eviCore.(Wohlforth, Eric)
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Filing 20
REDACTION to #17 Brief,, Memorandum of Law in Support of Group Health Incorporated's Motion to Dismiss by Group Health Incorporated.(Wohlforth, Eric)
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Filing 19
***SELECTED PARTIES***REDACTION to #16 LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020. Exhibits A-F to the Certification of E. Evans Wohlforth, Jr. in Support of the Motion to Dismiss by CareCore National LLC d/b/a eviCore, Group Health Incorporated, Emblem Health, Inc., Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Motion or Order to File Under Seal: #16 .(Wohlforth, Eric)
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Filing 18
***SELECTED PARTIES*** BRIEF re: #16 LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020. Memorandum of Law in Support of CareCore National LLC d/b/a eviCore's Motion to Dismiss. Document filed by CareCore National LLC d/b/a eviCore, Emblem Health, Inc., Group Health Incorporated, Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini.Motion or Order to File Under Seal: #16 .(Wohlforth, Eric)
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Filing 17
***SELECTED PARTIES*** BRIEF re: #16 LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020. Memorandum of Law in Support of Group Health Incorporated's Motion to Dismiss. Document filed by Group Health Incorporated, CareCore National LLC d/b/a eviCore, Emblem Health, Inc., Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini.Motion or Order to File Under Seal: #16 .(Wohlforth, Eric)
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Filing 16
LETTER MOTION to Seal addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated December 16, 2020. Document filed by CareCore National LLC d/b/a eviCore, Group Health Incorporated. (Attachments: #1 Certification of E. Evans Wohlforth, Jr., Esq.).(Wohlforth, Eric)
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Filing 15
MOTION for Joshua T. Calo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23065794. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CareCore National LLC d/b/a eviCore, Group Health Incorporated. (Attachments: #1 Affidavit in support of motion, #2 Text of Proposed Order, #3 Certificate of Service).(Calo, Joshua)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Joshua T. Calo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23065794. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 14
ORDER: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference (IPTC) in accordance with Rule 16 of the Federal Rules of Civil Procedure on February 9, 2021 at 12:00 p.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Initial Conference set for 2/9/2021 at 12:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 12/10/2020) (nb)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joshua T. Calo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22960795. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CareCore National LLC d/b/a eviCore, Group Health Incorporated. (Attachments: #1 Affidavit in Support of Motion, #2 Text of Proposed Order, #3 Certificate of Service).(Calo, Joshua) Modified on 12/9/2020 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Joshua T. Calo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22960795. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Pennsylvania;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) Modified on 12/9/2020 (bcu).
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Filing 12
ORDER. Having reviewed the parties' submissions, the Court finds that a pre-motion conference regarding eviCore's Motion to Dismiss is unnecessary. EviCore shall file its motion by December 16, 2020. Plaintiff shall file its opposition papers by January 8, 2021. EviCore's reply, if any, is due January 15, 2021. As ordered by the Court on November 24, 2020, Defendant Group Health Incorporated ("GHI") has until December 2, 2020 to respond to the Complaint, and as further specified and set forth in this Order. Denying #6 LETTER MOTION for Conference addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated 11/19/2020. Document filed by CareCore National LLC d/b/a eviCore. (Signed by Judge John P. Cronan on 11/25/2020) (rjm)
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Set/Reset Deadlines: Group Health Incorporated answer due 12/2/2020. Motions due by 12/16/2020. Responses due by 1/8/2021. Replies due by 1/15/2021. (rjm)
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Filing 11
LETTER addressed to Judge John P. Cronan from Steve Cohen dated 11/24/2020 re: Defendants' request for pre-motion conference. Document filed by Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Cohen, Steve)
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Filing 10
LETTER addressed to Judge John P. Cronan from Steve Cohen dated 11/24/2020 re: Extension of time to answer. Document filed by Kathleen Valentini, Valerio Valentini(on behalf of his minor son M.V.), Valerio Valentini..(Cohen, Steve)
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Filing 9
ORDER. It is hereby ORDERED that GHI's request is GRANTED, and that GHI shall have until December 8, 2020 to respond to the Complaint. The Court emphasizes that should Defendants discover that Emblem was also properly served, they must promptly notify the Court and address whether the Court has jurisdiction over this case. It is further ORDERED that Plaintiffs shall have until December 2, 2020 to respond to Defendant eviCore's pre-motion letter. Granting #8 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated November 24, 2020. Document filed by CareCore National LLC d/b/a eviCore. (Group Health Incorporated answer due 12/8/2020). (Signed by Judge John P. Cronan on 11/24/2020) (rjm)
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Filing 8
LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated November 24, 2020. Document filed by CareCore National LLC d/b/a eviCore..(Wohlforth, Eric)
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Set/Reset Deadlines: Responses due by 12/2/2020. (rjm)
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Filing 7
ORDER granting #5 Motion for Benjamin A. Post to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 6
LETTER MOTION for Conference addressed to Judge John P. Cronan from E. Evans Wohlforth, Jr., Esq. dated 11/19/2020. Document filed by CareCore National LLC d/b/a eviCore..(Wohlforth, Eric)
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Filing 5
MOTION for Benjamin A. Post to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22664072. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CareCore National LLC d/b/a eviCore. (Attachments: #1 Affidavit Affidavit Supporting Motion, #2 Text of Proposed Order Proposed Order, #3 Certificate of Service).(Post, Benjamin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Benjamin A. Post to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22664072. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 4
NOTICE OF APPEARANCE by Charlotte Mary Howells on behalf of CareCore National LLC d/b/a eviCore..(Howells, Charlotte)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(pc)
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Magistrate Judge Kevin Nathaniel Fox 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. (pc)
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Case Designated ECF. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MedSolutions Holdings, Inc., Corporate Parent eviCore 1, LLC, Corporate Parent Cigna Corporation for CareCore National LLC d/b/a eviCore. Document filed by CareCore National LLC d/b/a eviCore..(Wohlforth, Eric)
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Filing 2
CIVIL COVER SHEET filed..(Wohlforth, Eric)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 805306-20. (Filing Fee $ 400.00, Receipt Number ANYSDC-22556084).Document filed by CareCore National LLC d/b/a eviCore. (Attachments: #1 Certification of Service).(Wohlforth, Eric)
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