Surgical Specialists of Greater New York v. Aetna, Inc. et al
| SURGICAL SPECIALISTS OF GREATER NEW YORK |
| Aetna, Inc., Aetna Health, Inc and AETNA Life Insurance Company |
| 1:2021cv09706 |
| November 22, 2021 |
| US District Court for the Southern District of New York |
| James L Cott |
| Lewis A Kaplan |
| Other Statutory Actions |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Filing 27 NOTICE OF APPEARANCE by Casey Jo Hail on behalf of Surgical Specialists of Greater New York..(Hail, Casey) |
Filing 26
ORDER terminating #19 MOTION to Dismiss Plaintiff's Complaint. By Order of Reference dated November 29, 2021 (Dkt. No. 10), Judge Kaplan referred this case to me for general pretrial supervision, including settlement. Moreover, by joint letter dated January 18, 2022 (Dkt. No. 25), the parties have requested to have a settlement conference with the undersigned. The parties are directed to advise the Court within 30 days when they wish to schedule the settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at David_Tam@nysd.uscourts.gov to find a mutually convenient date for the parties and the Court. However, if all parties wish to have the Court provide a video platform (Microsoft Teams or Zoom) and not simply proceed telephonically, they may so advise the Court and the Court will then schedule a conference to discuss logistics. Finally, the briefing schedule for Defendants' motion to dismiss (Dkt. No. 19) will be stayed while settlement efforts to resolve this dispute are undertaken. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge James L. Cott on 1/18/2022) (jca)
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| Filing 25 JOINT LETTER addressed to Magistrate Judge James L. Cott from Benjamin H. McCoy dated 01/18/2022 re: the Courts January 11, 2022 Order. Document filed by AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc...(McCoy, Benjamin) |
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Filing 24
ORDER. Defendants have filed a motion to dismiss the complaint. Before plaintiff responds to the motion, the parties are directed to submit a joint letter no later than January 18 advising the Court whether the briefing schedule on the motion to dismiss should be stayed while settlement efforts to resolve this dispute are undertaken. Given the relatively modest amount of money involved in this case, and the judicial resources that will necessarily be brought to bear on the motion (to wit, the undersigned will have to prepare a report and recommendation and then the district judge will have to issue a separate decision adopting or rejecting the report and recommendation), the parties are directed to advise the Court whether they would be willing to participate in a settlement conference with the Court or alternatively be referred to the Court Mediation Program to participate in a mediation before further litigation proceeds. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Filing 23
ORDER granting #17 Motion for Benjamin Hall McCoy to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 22
ORDER granting #18 Motion for Shannon L. O'Malley to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Shannon L. O'Malley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25561009. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Benjamin Hall McCoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25560784. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 21 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Plaintiff's Complaint. . Document filed by AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc.. (Attachments: #1 Exhibit A-Surgical Specialists Complaint 21-cv-07656).(Wait, John) |
| Filing 20 DECLARATION of MICHAEL MCNAMARA in Support re: #19 MOTION to Dismiss Plaintiff's Complaint.. Document filed by AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc.. (Attachments: #1 Exhibit 1-Plan).(Wait, John) |
| Filing 19 MOTION to Dismiss Plaintiff's Complaint. Document filed by AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc.. (Attachments: #1 Text of Proposed Order).(Wait, John) |
| Filing 18 MOTION for Shannon L. O'Malley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25561009. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc.. (Attachments: #1 Declaration of Shannon L. O'Malley, #2 Exhibit - PA Certificate of Good Standing, #3 Text of Proposed Order).(O'Malley, Shannon) |
| Filing 17 MOTION for Benjamin Hall McCoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25560784. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc.. (Attachments: #1 Declaration of Benjamin Hall McCoy, #2 Exhibit - NJ Certificate of Good Standing, #3 Exhibit - PA Certificate of Good Standing, #4 Text of Proposed Order).(McCoy, Benjamin) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #11 Affidavit of Service Complaints, #12 Affidavit of Service Complaints, #13 Affidavit of Service Complaints, / First Stipulation Extending Time to Respond to Compla. All Defendants. Application granted, on consent. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #11 Affidavit of Service Complaints, #12 Affidavit of Service Complaints, #13 Affidavit of Service Complaints, / First Stipulation Extending Time to Respond to Complaint addressed to Magistrate Judge James L. Cott. Document filed by AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc...(Wait, John) |
| Filing 14 NOTICE OF APPEARANCE by John Aubrey Wait on behalf of AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc...(Wait, John) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. AETNA Life Insurance Company served on 11/29/2021, answer due 12/20/2021. Service was accepted by c/o CT Corporation System at 67 Burnside Avenue East Hartford, CT 06108, by personally delivering and leaving the same with GARY SCAPPINI. Document filed by Surgical Specialists of Greater New York..(Lewin, Jacob) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Aetna, Inc. served on 11/29/2021, answer due 12/20/2021. Service was accepted by Gary Scappini, at CT Corporation System. Document filed by Surgical Specialists of Greater New York..(Lewin, Jacob) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Aetna Health, Inc served on 11/24/2021, answer due 12/15/2021. Service was accepted by c/o CT Corporation at 28 Liberty Street, New York, NY 10005, by personally delivering and leaving the same with PAULA CASTRO. Document filed by Surgical Specialists of Greater New York..(Lewin, Jacob) |
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Filing 10
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial AND Dispositive Motion. Referred to Magistrate Judge James L. Cott. (Signed by Judge Lewis A. Kaplan on 11/24/2021) (ate) Modified on 12/6/2021 (ate).
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to AETNA Life Insurance Company. (vf) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Aetna Life Insurance Company, re: #1 Complaint. Document filed by Surgical Specialists of Greater New York..(Lewin, Jacob) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Aetna Health, Inc. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Aetna, Inc. (vf) |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Aetna Health Insurance Company, re: #1 Complaint. Document filed by Surgical Specialists of Greater New York..(Lewin, Jacob) Modified on 11/23/2021 (vf). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Aetna Health, Inc., re: #1 Complaint. Document filed by Surgical Specialists of Greater New York..(Lewin, Jacob) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Aetna, Inc., re: #1 Complaint. Document filed by Surgical Specialists of Greater New York..(Lewin, Jacob) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jacob Ely Lewin. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 791 (Labor: E.R.I.S.A.); Dollar Demand 39,682; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 890 (Other Statutory Actions); the Dollar Demand has been modified to 40,000; the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacob Ely Lewin. The party information for the following party/parties has been modified: SURGICAL SPECIALISTS OF GREATER NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jacob Ely Lewin to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant party name error. The defendant party name does not correspond to the pleading caption. 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. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Lewin, Jacob) |
| Filing 1 COMPLAINT against AETNA Life Insurance Company, Aetna Health, Inc, Aetna, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25370060)Document filed by SURGICAL SPECIALISTS OF GREATER NEW YORK..(Lewin, Jacob) |
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