Iannarelli v. United States Department of Health And Human Services et al
| Anthony N Iannarelli |
| United States Department of Health And Human Services, Secretary Xavier Becerra, Centers for Medicare & Medicaid Services, Novitas Solutions, Inc., United Health Care, American Association for Retired Persons, AARP Services Inc. and John and Jane Does One through Twenty |
| 1:2021cv10989 |
| December 22, 2021 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Katharine H Parker |
| Civil Rights: Accommodations |
| 05 U.S.C. § 8715 |
| None |
Docket Report
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This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.
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Filing 29
MEMO ENDORSEMENT on re: #27 Letter filed by Anthony N Iannarelli. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 2/4/2022) (jca)
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| Filing 28 NOTICE OF APPEARANCE by Gregory James Bennici on behalf of AARP Services Inc., American Association for Retired Persons, United Health Care..(Bennici, Gregory) |
| Filing 27 LETTER addressed to Judge Alison J. Nathan from Anthony Iannarelli dated 02/03/2022 re: Withdraw hearing frequest for TRO as to government defendants. Document filed by Anthony N Iannarelli..(Iannarelli, Anthony) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AARP, Inc. for AARP Services Inc.. Document filed by AARP Services Inc...(Bernstein, Michael) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Association for Retired Persons..(Bernstein, Michael) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group Incorporated for United Health Care. Document filed by United Health Care..(Bernstein, Michael) |
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Filing 23
MEMO ENDORSEMENT on re: #18 Letter filed by Anthony N Iannarelli. ENDORSEMENT: The show cause hearing previously scheduled for January 31, 2022, is adjourned to March 2, 2022 at 10:00 AM. Any response/opposition papers must be filed by the defendants by February 23, 2022. SO ORDERED. ( Show Cause Response due by 2/23/2022., Show Cause Hearing set for 3/2/2022 at 10:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/10/2022) (vfr)
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| Filing 22 MEMORANDUM OF LAW in Opposition re: #5 Order to Show Cause,,,,,,,, . Document filed by AARP Services Inc., American Association for Retired Persons, United Health Care..(Bernstein, Michael) |
| Filing 21 DECLARATION of Katie Stinson in Opposition re: #5 Order to Show Cause,,,,,,,,. Document filed by AARP Services Inc., American Association for Retired Persons, United Health Care..(Bernstein, Michael) |
| Filing 20 DECLARATION of Timothy Koenig in Opposition re: #5 Order to Show Cause,,,,,,,,. Document filed by AARP Services Inc., American Association for Retired Persons, United Health Care..(Bernstein, Michael) |
| Filing 19 DECLARATION of Michael H. Bernstein in Opposition re: #5 Order to Show Cause,,,,,,,,. Document filed by AARP Services Inc., American Association for Retired Persons, United Health Care. (Attachments: #1 Index of Exhibits, #2 Exhibit A-Plan G Certificate of Insurance, #3 Exhibit B- July 8, 2021 Letter, #4 Exhibit C-November 30, 2021 Notice of Denial, #5 Exhibit D-December 17, 2021 Letter, #6 Exhibit E-Biographic Information, #7 Exhibit F-Printout of Opt-Out Search Results).(Bernstein, Michael) |
| Filing 18 LETTER addressed to Judge Alison J. Nathan from Anthony Iannarelli dated 01/14/2022 re: Extend time for defendants' response. Document filed by Anthony N Iannarelli..(Iannarelli, Anthony) |
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Filing 17
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that an initial scheduling and case management conference will be held in accordance with Fed. R. Civ. P. 16 on Wednesday, March 30, 2022 at 12:00 p.m., in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Please plan to arrive at the courthouse early enough to clear security, so that the conference can begin promptly. By March 14, 2022, the parties are directed to each complete the Proposed Case Management Plan for Pro Se Cases available at http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=1342, as further set forth. Initial Conference set for 3/30/2022 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 1/17/2022) (mml)
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Filing 16
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 (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Alison J. Nathan on 1/14/2022) (va)
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to File. (Signed by Judge Alison J. Nathan on 1/12/2022) (tg)
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| Filing 14 LETTER MOTION for Extension of Time to File opposition to the Order Show Cause, dated December 22, 2021 addressed to Judge Alison J. Nathan from Michael H. Bernstein dated January 11, 2022. Document filed by AARP Services Inc., American Association for Retired Persons, United Health Care..(Bernstein, Michael) |
| Filing 13 NOTICE OF APPEARANCE by Michael H Bernstein on behalf of AARP Services Inc., American Association for Retired Persons, United Health Care..(Bernstein, Michael) |
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Filing 12
INFORMATION PACKAGE MAILED to Anthony N Iannarelli Anthony N. Iannarelli Jr., Esq. 302 A West 12th Street, No. 333 New York, NY 10014, at, on 1/11/2022 Re: #10 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 7 copies of Summons(es) mailed. (aan)
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Filing 11
ORDER granting #8 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/11/2022) (vfr)
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Filing 10
ORDER OF SERVICE: Plaintiff, who is proceeding pro se, paid the fees to commence this action. The Clerk of Court is directed to issue summonses as to the following defendants: (1) the United States Department of Health & Human Services ("HHS"); (2) HHS Secretary Xavier Becerra; (3) the Centers for Medicare and Medicaid Services; (4) Novitas Solutions, Inc.; (5) United Health Care; (6) the American Association of Retired Persons; and (7) AARP Services, Inc. Plaintiff is directed to serve the summonses and complaint on each of those defendants within 90 days of the issuance of the summonses. If within those 90 days, Plaintiff has not either served those defendants or requested an extension of time to do so, the Court may dismiss the claims against those defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/11/2022) (vfr) Transmission to Pro Se Assistants for processing.
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| SUMMONS ISSUED as to AARP Services Inc., American Association for Retired Persons, Xavier Becerra, Centers for Medicare & Medicaid Services, Novitas Solutions, Inc., United Health Care, United States Department of Health And Human Services. (aan) |
| Set/Reset Deadlines: Show Cause Response due by 1/26/2022. (vfr) |
| Filing 8 LETTER MOTION for Extension of Time to file oppositions to Plaintiff's order to show cause addressed to Judge Vernon S. Broderick from U.S. Attorney's Office dated 1/7/2022. Document filed by Xavier Becerra, Centers for Medicare & Medicaid Services, United States Department of Health And Human Services..(Weinreb, Carly) |
| Filing 7 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Anthony N. Iannarelli consents to receive electronic service via the ECF system. Document filed by Anthony N Iannarelli.(sc) |
| Filing 6 AFFIDAVIT OF SERVICE of Order, Complaint, Affidavit, & Brief served on United States Department of Health and Human Services; Xavier Becerra, Secretary; Centers for Medicare and Medicaid Services; Novitas Solutions, Inc.; United Health Care; American Association for Retired People; AARP Services, Inc. on 12-30-2021. Service was made by Mail. Document filed by Anthony N Iannarelli..(Iannarelli, Anthony) |
| Minute Entry for PART I proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 12/22/2021. (ldi) |
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Filing 5
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER: Defendants shall show cause as to why an Order should not be issued, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure restraining the defendants during the pendency of this action i.) from denying plaintiff immediate access to pharmaceutical medication ordered by plaintiffs physician; ii.) from denying plaintiff, as Medicare enrollee, access to medical and mental health care treatment by defendants' failure to properly reimburse plaintiff for his health care providers' fees, or, otherwise interfering with plaintiffs access to medical and mental health care; iii.) from denying reimbursement of plaintiffs blood analysis ordered by his physician and continuation of blood analysis if directed by plaintiffs physician; iv.) from the transfer or disclosure of plaintiffs personal medical information outside of the United States, but Ordered to provide an accounting for the safekeeping of plaintiffs medical and financial information and data. ORDERED, a copy of this Order and all papers filed in support of this application shall be served by plaintiff upon defendants, or his or her counsel, either by personal service, overnight express, or certified mail, return receipt requested on or before December 29, 2021 at 11:59p.m. and shall be deemed good and sufficient service thereof; and it is further ORDERED, that opposing papers, if any, shall be served, upon consent of plaintiff at his email address of anilaw2@gmail.com, or either by personal service, overnight express, or certified mail, return receipt requested, upon Anthony N. Iannarelli Jr., plaintiff prose, 302A West 12th Street, New York, New York 10014, and received on or before January 12, 2022 at 11:59p.m. Show Cause Hearing set for 1/31/2022 at 03:00 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. Show Cause Response due by 12/29/2021. (Signed by Judge Vernon S. Broderick on 12/22/2021) (mml)
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| Filing 4 BRIEF re: Civil Case Opening Fee Payment, #3 Proposed Temporary Restraining Order, #2 Complaint, . Document filed by Anthony N Iannarelli. (Attachments: #1 Plaintiff's Affidavit).(Iannarelli, Anthony) |
| Filing 3 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Anthony N Iannarelli..(Iannarelli, Anthony) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 2 COMPLAINT against AARP Services Inc., American Association for Retired Persons, Xavier Becerra, Centers for Medicare & Medicaid Services, John and Jane Does 1-20, Novitas Solutions, Inc., U.S. Dept. of Human Services, United Health Care. Document filed by Anthony N Iannarelli. (Attachments: #1 Complaint Part 2).(Iannarelli, Anthony) |
| Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against AARP Services Inc., American Association for Retired Persons, Xavier Becerra, Centers for Medicare & Medicaid Services, John and Jane Does 1-20, Novitas Solutions, Inc., U.S. Dept. of Human Services, United Health Care. Document filed by Anthony N Iannarelli..(Iannarelli, Anthony) Modified on 12/22/2021 (gp). |
| Civil Case Opening Fee Payment: for #2 Complaint,. Filing fee $ 402.00, receipt number ANYSDC-25504715..(Iannarelli, Anthony) |
| Case Designated ECF. (gp) |
| Magistrate Judge Katharine H. Parker 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(gp) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Anthony N Iannarelli, Jr. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony N Iannarelli, Jr. The party information for the following party/parties has been modified: United States Department of Health And Human Services and John and Jane Does One Through Twenty. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (gp) |
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