Norman Maurice Rowe, M.D., M.H.A.,L.L.C. et al v. Aetna Life Insurance Company
| Norman Maurice Rowe, M.D., M.H.A.,L.L.C. and East Coast Plastic Surgery, P.C. |
| Aetna Life Insurance Company |
| 1:2023cv08297 |
| September 20, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Ona T Wang |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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Filing 23
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 Ona T. Wang. SO ORDERED. Motions referred to Ona T. Wang. (Signed by Judge Lorna G. Schofield on 10/19/2023) (vfr)
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| Filing 22 FIRST RESPONSE re: #18 LETTER MOTION for Extension of Time to File Motion to Dismiss Complaint, with proposed briefing schedule, addressed to Judge Lorna G. Schofield from Adam J. Petitt dated October 10, 2023. . Document filed by East Coast Plastic Surgery, P.C., Norman Maurice Rowe, M.D., M.H.A.,L.L.C...(Baglio, Michael) |
| Filing 21 FIRST LETTER MOTION for Leave to File Leave to Amend the Complaint addressed to Judge Lorna G. Schofield from Michael Baglio dated 10/17/2023. Document filed by East Coast Plastic Surgery, P.C., Norman Maurice Rowe, M.D., M.H.A.,L.L.C...(Baglio, Michael) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ona T. Wang. Please note that this is a reassignment of the designation only. (tro) |
| Filing 20 NOTICE OF APPEARANCE by Brendan J Kearns on behalf of East Coast Plastic Surgery, P.C., Norman Maurice Rowe, M.D., M.H.A.,L.L.C...(Kearns, Brendan) |
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Filing 19
ORDER with respect to #18 Letter Motion for Extension of Time to File. Plaintiffs shall file a response, not to exceed three pages, by October 17, 2023. So Ordered.. (Signed by Judge Lorna G. Schofield on 10/11/2023) (jca)
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| Set/Reset Deadlines: Responses due by 10/17/2023 (jca) |
| Filing 18 LETTER MOTION for Extension of Time to File Motion to Dismiss Complaint, with proposed briefing schedule, addressed to Judge Lorna G. Schofield from Adam J. Petitt dated October 10, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Aetna Life Insurance Company. ENDORSEMENT: The initial pretrial conference scheduled for October 11, 2023, is ADJOURNED sine die pending resolution of the parties' joint request in Case No. 22 Civ. 7900 to consolidate this case before Judge Rochon and Judge Wang. So Ordered. (Signed by Judge Lorna G. Schofield on 10/6/2023) (mml)
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| Filing 16 JOINT LETTER addressed to Judge Lorna G. Schofield from Adam J. Petitt dated October 4, 2023 re: Case Conference Scheduled for October 11, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
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Filing 15
ORDER: It is hereby ORDERED that counsel review and comply with the Court's Individual Rules and Procedures ("Individual Rules") (available at the Court's website, http://nysd.uscourts.gov/judge/Schofield). It is further ORDERED that a telephonic conference will be held on October 11, 2023, at 4:00 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are dialed into the conference call by the appointed conference time, as further set forth. Initial Conference set for 10/11/2023 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/21/2023) (mml)
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| Filing 14 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-04313. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lorna G. Schofield. 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..(tro) |
| Magistrate Judge Gary Stein 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. (tro) |
| Case Designated ECF. (tro) |
| 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. (tro) |
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ELECTRONIC ORDER: Based upon the parties letters #12 & #13 the Court will transfer this case to the Southern District of New York. Ordered by Judge Frederic Block on 9/18/2023. (MI) [Transferred from New York Eastern on 9/20/2023.]
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| Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (MI) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 13 Letter by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by East Coast Plastic Surgery, P.C., Norman Maurice Rowe, M.D., M.H.A.,L.L.C. (Baglio, Michael) [Transferred from New York Eastern on 9/20/2023.] |
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MINUTE ENTRY AND ORDER: A status conference was held in this case on 8/30/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiffs (Brendan Kearns) and counsel for Defendant (Adam Petitt) were present. For the reasons stated on the record, the parties are ordered to show cause why venue is proper in this District and why, pursuant to 28 U.S.C. 1406(a), this case should not be transferred to the Southern District of New York. The parties may each submit a letter response to the order to show cause no longer than 2 pages and must do so by 9/15/2023. As an alternative, the parties may submit a joint stipulation transferring the case. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/1/2023. (FTR Log: 11:36 A.M. - 12:37 P.M.) (IS) [Transferred from New York Eastern on 9/20/2023.]
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| Filing 11 NOTICE DESIGNATING CASE TO ARBITRATION: This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7: https://img.nyed.uscourts.gov/files/local_rules/localrules.pdf The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed (RC) [Transferred from New York Eastern on 9/20/2023.] |
| CASE REFERRED to Arbitration. (RC) [Transferred from New York Eastern on 9/20/2023.] |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Robert M. Levy no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 8/16/2023. Motions referred to Sanket J. Bulsara. (SR) [Transferred from New York Eastern on 9/20/2023.]
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SCHEDULING ORDER: The Court will hold a consolidated status conference in this case, along with the other cases now assigned to Magistrate Judge Sanket J. Bulsara on 8/30/2023 at 11:30 A.M. in Courtroom 13C South .So Ordered by Magistrate Judge Sanket J. Bulsara on 8/16/2023. (EM) [Transferred from New York Eastern on 9/20/2023.]
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| Filing 10 RESPONSE to Motion re #9 Letter MOTION for pre motion conference to dismiss Count 4 of Complaint filed by East Coast Plastic Surgery, P.C., Norman Maurice Rowe, M.D., M.H.A.,L.L.C.. (Attachments: #1 Exhibit Benefit Sheet) (Nathan, Michael) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 9 Letter MOTION for pre motion conference to dismiss Count 4 of Complaint by Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/20/2023.] |
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ORDER granting #8 Motion for Extension of Time to Answer re #8 MOTION for Extension of Time to File Answer. The time to respond to the complaint is extended to August 7, 2023. Ordered by Magistrate Judge Robert M. Levy on 7/5/2023. (AM) [Transferred from New York Eastern on 9/20/2023.]
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| Filing 8 Letter re Consent re Extention of Time by Aetna Life Insurance Company (Petitt, Adam) Modified on 7/5/2023 (AM). [Transferred from New York Eastern on 9/20/2023.] |
| Filing 7 NOTICE of Appearance by Adam Joseph Petitt on behalf of Aetna Life Insurance Company (aty to be noticed) (Petitt, Adam) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 6 SUMMONS Returned Executed by Norman Maurice Rowe, M.D., M.H.A.,L.L.C., East Coast Plastic Surgery, P.C.. Aetna Life Insurance Company served on 6/15/2023, answer due 7/6/2023. (Baglio, Michael) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 5 Summons Issued as to Aetna Life Insurance Company. (MI) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 4 Proposed Summons. by East Coast Plastic Surgery, P.C., Norman Maurice Rowe, M.D., M.H.A.,L.L.C. (Baglio, Michael) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 1 COMPLAINT Norman Maurice Rowe, M.D., M.H.A.,L.L.C. & East Coast Plastic Surgery, P.C. against Aetna Life Insurance Company filing fee $ 402, receipt number ANYEDC-16787491 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Norman Maurice Rowe, M.D., M.H.A.,L.L.C., East Coast Plastic Surgery, P.C.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit) (Baglio, Michael) [Transferred from New York Eastern on 9/20/2023.] |
| Case Assigned to Judge Frederic Block and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) [Transferred from New York Eastern on 9/20/2023.] |
| Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT name needs to be updated/corrected. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) [Transferred from New York Eastern on 9/20/2023.] |
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