BRAINBUILDERS LLC et al v. EMBLEMHEALTH, INC. et al
| H and D, Brainbuilders LLC and Rochel Sorotzkin |
| Group Health Incorporated, The City of New York, NEW YORK CITY DEPARTMENT OF EDUCATION, EmblemHealth Inc. and New York City Office of Labor Relations |
| 1:2021cv04627 |
| May 24, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Insurance |
| 28 U.S.C. § 1441 in |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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Filing 40
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Yaakov Pollak dated July 29, 2021 re: #37 LETTER MOTION for Conference pre-motion conference in anticipation of moving to dismiss the Amended Complaint (ECF Doc. No. 34) addressed to Judge Katherine Polk Failla from Howard S. Wolfson dated July 28, 2021., #38 LETTER MOTION for Conference Pre-Motion Conference for the City, OLR, and DOE's Motion to Dismiss the Second Amended Complaint addressed to Judge Katherine Polk Failla from Scott P. Bridge dated July 29, 2021. . Document filed by Brainbuilders LLC(ATTORNEY-IN-FACT FOR H AND D), Rochel Sorotzkin..(Pollak, Yaakov)
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Filing 39
ORDER denying #36 Motion to Dismiss; granting #37 Motion for Conference re: #36 MOTION to Dismiss Second Amended Complaint., #37 LETTER MOTION for Conference pre-motion conference in anticipation of moving to dismiss the Amended Complaint (ECF Doc. No. 34) addressed to Judge Katherine Polk Failla from Howard S. Wolfson dated July 28, 2021. The City Defendants' motion is accordingly DENIED without prejudice due to its noncompliance with the Court's Individual Rules. However, given that Defendants EmblemHealth, Inc. and Group Health Incorporated (the "GHI Defendants") have separately requested a premotion conference (see Dkt. #37), the Court hereby CONVERTS the initial pretrial conference scheduled for August 12, 2021, at 3:00 p.m., to a premotion conference. The Court will hear from the parties at the conference regarding both the GHI Defendants' and the City Defendants' anticipated motions. Any response from Plaintiffs to the GHI Defendants pre-motion letter will be due on or before August 3, 2021. Moreover, the Court expects that Plaintiffs' counsel will determine his ability to appear in this District, and submit any applicable pro hac vice motion in advance of the August 12, 2021 conference. The Clerk of Court is directed to terminate the motions at docket entries 36 and 37. SO ORDERED. ( Pre-Motion Conference set for 8/12/2021 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/29/21) (yv)
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Filing 38
LETTER MOTION for Conference Pre-Motion Conference for the City, OLR, and DOE's Motion to Dismiss the Second Amended Complaint addressed to Judge Katherine Polk Failla from Scott P. Bridge dated July 29, 2021. Document filed by NEW YORK CITY DEPARTMENT OF EDUCATION, New York City Office of Labor Relations, The City of New York..(Bridge, Scott)
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Filing 37
LETTER MOTION for Conference pre-motion conference in anticipation of moving to dismiss the Amended Complaint (ECF Doc. No. 34) addressed to Judge Katherine Polk Failla from Howard S. Wolfson dated July 28, 2021. Document filed by EmblemHealth Inc., Group Health Incorporated..(Wolfson, Howard)
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Filing 36
MOTION to Dismiss Second Amended Complaint. Document filed by NEW YORK CITY DEPARTMENT OF EDUCATION, New York City Office of Labor Relations, The City of New York. Responses due by 8/11/2021 (Attachments: #1 Declaration of Scott P. Bridge, #2 Exhibit A - Second Amended Complaint, #3 Exhibit B - Notice of Claim, #4 Exhibit C - Payment Appeal Denial, #5 Memorandum of Law in Support of the City, OLR, and DOE's Motion to Dismiss).(Bridge, Scott)
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Set/Reset Deadlines: EmblemHealth Inc. answer due 7/28/2021; Group Health Incorporated answer due 7/28/2021; NEW YORK CITY DEPARTMENT OF EDUCATION answer due 7/28/2021; New York City Office of Labor Relations answer due 7/28/2021; The City of New York answer due 7/28/2021. (ate)
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Filing 35
ORDER denying as moot #29 Letter Motion for Conference re: #29 LETTER MOTION for Conference Pre-Motion Conference and Request for Leave to Move to Dismiss addressed to Judge Katherine Polk Failla from Scott P. Bridge dated June 4, 2021., #32 LETTER MOTION for Conference pre-motion conference in anticipation of moving to dismiss the Amended Complaint addressed to Judge Katherine Polk Failla from Howard S. Wolfson dated June 4, 2021. ; denying as moot #32 Letter Motion for Conference re: #29 LETTER MOTION for Conference Pre-Motion Conference and Request for Leave to Move to Dismiss addressed to Judge Katherine Polk Failla from Scott P. Bridge dated June 4, 2021., #32 LETTER MOTION for Conference pre-motion conference in anticipation of moving to dismiss the Amended Complaint addressed to Judge Katherine Polk Failla from Howard S. Wolfson dated June 4, 2021. Accordingly, Defendants' applications for a pre-motion conference are DENIED as moot. The Clerk of Court is directed to terminate the letter motions at docket entries 29 and 32. Defendants are directed to file their responses to the Second Amended Complaint on or before July 28, 2021. Moreover, the initial pretrial conference scheduled for July 22, 2021, is hereby ADJOURNED to August 12, 2021 at 3:00 p.m. The parties' joint letter and Proposed Case Management Plan and Scheduling Order will be due on or before August 5, 2021. (Signed by Judge Katherine Polk Failla on 7/14/2021) (ate)
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Set/Reset Hearings: Initial Conference set for 8/12/2021 at 03:00 PM before Judge Katherine Polk Failla. (ate)
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Filing 34
AMENDED COMPLAINT amending #16 Amended Complaint against EmblemHealth Inc., Group Health Incorporated, NEW YORK CITY DEPARTMENT OF EDUCATION, New York City Office of Labor Relations, The City of New York with JURY DEMAND.Document filed by Brainbuilders LLC(ATTORNEY-IN-FACT FOR H AND D), H and D, Rochel Sorotzkin. Related document: #16 Amended Complaint..(Pollak, Yaakov)
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Filing 33
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on July 22, 2021, at 10:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. And as set forth herein. SO ORDERED. Initial Conference set for 7/22/2021 at 10:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/10/2021) (ama)
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Filing 32
LETTER MOTION for Conference pre-motion conference in anticipation of moving to dismiss the Amended Complaint addressed to Judge Katherine Polk Failla from Howard S. Wolfson dated June 4, 2021. Document filed by EmblemHealth Inc., Group Health Incorporated..(Wolfson, Howard)
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Filing 31
NOTICE OF APPEARANCE by Joaquin Javier Ezcurra on behalf of EmblemHealth Inc., Group Health Incorporated..(Ezcurra, Joaquin)
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Filing 30
NOTICE OF APPEARANCE by Howard S. Wolfson on behalf of EmblemHealth Inc., Group Health Incorporated..(Wolfson, Howard)
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Filing 29
LETTER MOTION for Conference Pre-Motion Conference and Request for Leave to Move to Dismiss addressed to Judge Katherine Polk Failla from Scott P. Bridge dated June 4, 2021. Document filed by NEW YORK CITY DEPARTMENT OF EDUCATION, New York City Office of Labor Relations, The City of New York..(Bridge, Scott)
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Filing 28
CASE TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:20-cv-12703. Original file certified copy of transfer order and docket entries received. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(sjo)
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Case Designated ECF. (sjo)
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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. (sjo)
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Filing 27
ORDER that New York Defendants motion to dismiss for lack of personal jurisdiction #13 is GRANTED; In lieu of dismissal, this matter is transferred to the United States District Court for the Southern District of New York; GHIs motion to dismiss #11 is DENIED without prejudice, with the right to refile the motion in the transferee court ***CIVIL CASE TERMINATED. Signed by Chief Judge Freda L. Wolfson on 5/21/2021. (abr, ) [Transferred from New Jersey on 5/24/2021.]
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Filing 26
OPINION filed. Signed by Chief Judge Freda L. Wolfson on 5/21/2021. (abr, ) [Transferred from New Jersey on 5/24/2021.]
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Filing 25
Letter from Alvin C. Lin writing to provide notice of a supplemental authority in connection with GHI Defendants' Motion to Dismiss. (Attachments: #1 Exhibit Decision in O'Brien v. Aetna, Inc.)(LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 24
REPLY BRIEF to Opposition to Motion filed by NEW YORK CITY DEPARTMENT OF EDUCATION, NEW YORK CITY OFFICE OF LABOR RELATIONS, THE CITY OF NEW YORK re #13 MOTION to Dismiss the Complaint (Attachments: #1 Declaration Declaration of Scott P. Bridge, #2 Exhibit Ex. A - Amended Complaint)(BRIDGE, SCOTT) [Transferred from New Jersey on 5/24/2021.]
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Filing 23
AFFIDAVIT in Support filed by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED re #11 MOTION to Dismiss Reply Declaration of Alvin C. Lin in Support of Motion to Dismiss the Amended Complaint (Attachments: #1 Exhibit A- Power of Attorney, #2 Brief Defendants Emblemhealth, Inc and Group Health Incorporated's Reply Memorandum of Law in Support of Their Motion to Dismiss the Amended Complaint)(LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Reset Deadlines as to #11 MOTION to Dismiss , #13 MOTION to Dismiss the Complaint. Motion set for 1/19/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg) [Transferred from New Jersey on 5/24/2021.]
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Filing 22
MEMORANDUM in Opposition filed by All Plaintiffs re #13 MOTION to Dismiss the Complaint (Attachments: #1 Exhibit Exhibits to Opposition to Motion to Dismiss)(POLLAK, YAAKOV) [Transferred from New Jersey on 5/24/2021.]
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Filing 21
LETTER ORDER that the return dates for City Defendants' motion to dismiss #13 and GHI's motion to dismiss #11 are both adjourned to 1/19/2021. Signed by Chief Judge Freda L. Wolfson on 12/7/2020. (mg) [Transferred from New Jersey on 5/24/2021.]
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Filing 20
Letter from Scott P. Bridge Respectfully Requesting Your Honor to Approve Revised Briefing Schedule for Motions to Dismiss Consented to by All Parties. (BRIDGE, SCOTT) [Transferred from New Jersey on 5/24/2021.]
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Filing 19
MEMORANDUM in Opposition filed by All Plaintiffs re #11 MOTION to Dismiss (Attachments: #1 Exhibit Exhibits to Opposition)(POLLAK, YAAKOV) [Transferred from New Jersey on 5/24/2021.]
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Filing 18
LETTER ORDER deeming Defendants' pending motions to dismiss to be directed against Plaintiffs' Amended Complaint. Signed by Chief Judge Freda L. Wolfson on 11/19/2020. (jdb) [Transferred from New Jersey on 5/24/2021.]
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Filing 17
Letter from Alvin C. Lin respectfully requesting that Your Honor deem the pending motions to dismiss to be directed against Plaintiffs' Amended Complaint. (LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 16
AMENDED COMPLAINT against All Defendants All Defendants., filed by BRAINBUILDERS LLC, H and D.(POLLAK, YAAKOV) [Transferred from New Jersey on 5/24/2021.]
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Filing 15
LETTER ORDER granting Plaintiff's request for an adjournment on the return date of the Motions to Dismiss (ECF Nos. #11 , #13 ). The new motion date is 12/21/2020. Signed by Chief Judge Freda L. Wolfson on 10/30/2020. (jdb) [Transferred from New Jersey on 5/24/2021.]
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Reset Deadlines as to #11 MOTION to Dismiss , #13 MOTION to Dismiss the Complaint. Motion reset for 12/21/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) [Transferred from New Jersey on 5/24/2021.]
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Filing 14
MOTION for Extension of Time to File Response/Reply by Consent of all Parties by All Plaintiffs. (POLLAK, YAAKOV) [Transferred from New Jersey on 5/24/2021.]
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Set Deadlines as to #13 MOTION to Dismiss the Complaint. Motion set for 11/16/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, ) [Transferred from New Jersey on 5/24/2021.]
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Filing 13
MOTION to Dismiss the Complaint by NEW YORK CITY DEPARTMENT OF EDUCATION, NEW YORK CITY OFFICE OF LABOR RELATIONS, THE CITY OF NEW YORK. Responses due by 11/16/2020 (Attachments: #1 Declaration Declaration of Judy E. Nathan, #2 Declaration Declaration of Dean S. Weltman, #3 Declaration Declaration of Scott P. Bridge, #4 Exhibit Ex. A - Complaint, #5 Exhibit Ex. B - Notice of Claim, #6 Brief Memorandum of Law of the City, OLR, and DOE in Support of their Motion to Dismiss, #7 Text of Proposed Order Proposed Order)(BRIDGE, SCOTT) [Transferred from New Jersey on 5/24/2021.]
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Filing 12
NOTICE of Appearance by SCOTT PATRICK BRIDGE on behalf of NEW YORK CITY DEPARTMENT OF EDUCATION, NEW YORK CITY OFFICE OF LABOR RELATIONS, THE CITY OF NEW YORK (BRIDGE, SCOTT) [Transferred from New Jersey on 5/24/2021.]
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Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 10/20/2020. Discovery is stayed pending resolution of the Motions to Dismiss. (mm) [Transferred from New Jersey on 5/24/2021.]
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Set Deadlines as to #11 MOTION to Dismiss . Motion set for 11/16/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, ) [Transferred from New Jersey on 5/24/2021.]
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Filing 11
MOTION to Dismiss by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED. (Attachments: #1 Declaration Declaration of Luz Campos, #2 Exhibit A - Complaint, #3 Exhibit B - City of New York GHI CBP Certificate of Insurance (NYC CBP ), #4 Exhibit C - City Employment Claim Form, #5 Brief Memorandum of Law in Support of Defendants Emblemhealth, Inc. and Group Health Inc.'s Motion to Dismiss the Complaint, #6 Text of Proposed Order Proposed Order)(LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Pro Hac Vice counsel, HOWARD S. WOLFSON and JOAQUIN EZCURRA, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (abr) [Transferred from New Jersey on 5/24/2021.]
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Pro Hac Vice fee of $300 received as to Howard S. Wolfson and Joaquin Ezcurra. Receipt number TRE114279 (jdb) [Transferred from New Jersey on 5/24/2021.]
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Filing 10
Notice of Request by Pro Hac Vice Howard S. Wolfson to receive Notices of Electronic Filings. (LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 9
Notice of Request by Pro Hac Vice Joaquin Ezcurra to receive Notices of Electronic Filings. (LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 8
Certification of of Alvin C. Lin concerning citizenship of Plaintiff Brainbuilders LLC on behalf of EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED. (Attachments: #1 Exhibit 1 - Status Report, #2 Exhibit 2 - Email dated September 17, 2020)(LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 7
CONSENT ORDER extending Defendants time to answer, move or otherwise respond to the Complaint until 10/21/2020. Signed by Magistrate Judge Tonianne J. Bongiovanni on 09/17/2020. (jdb) [Transferred from New Jersey on 5/24/2021.]
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Filing 6
CONSENT ORDER for admission Pro Hac Vice as to Howard S. Wolfson and Joaquin Ezcurra. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/17/2020. (mg) [Transferred from New Jersey on 5/24/2021.]
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Filing 5
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 10/20/2020 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 09/15/2020. (jdb) [Transferred from New Jersey on 5/24/2021.]
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Filing 4
CERTIFICATE OF SERVICE by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED re #3 Corporate Disclosure Statement (aty), #1 Notice of Removal, #2 Corporate Disclosure Statement (aty) (LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 3
Corporate Disclosure Statement by GROUP HEALTH INCORPORATED identifying HEALTH INSURANCE PLAN OF GREATER NEW YORK as Corporate Parent.. (LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 2
Corporate Disclosure Statement by EMBLEMHEALTH, INC.. (LIN, ALVIN) [Transferred from New Jersey on 5/24/2021.]
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Filing 1
NOTICE OF REMOVAL by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED from Superior Court of Monmouth County, case number MON-L-002594-20. ( Filing and Admin fee $ 400 receipt number ANJDC-11356031), filed by EMBLEMHEALTH, INC., GROUP HEALTH INCORPORATED. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Notice of Filing of Notice of Removal, #3 Exhibit 3 - Consent to Notice of Removal, #4 Civil Cover Sheet)(LIN, ALVIN) Modified on 9/15/2020 (jc, ). [Transferred from New Jersey on 5/24/2021.]
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Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (abr) [Transferred from New Jersey on 5/24/2021.]
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