Rowe Plastic Surgery of New Jersey, L.L.C. et al v. Aetna Life Insurance Company
| Rowe Plastic Surgery of New Jersey, L.L.C. and East Coast Plastic Surgery, P.C. |
| Aetna Life Insurance Company |
| 1:2023cv08298 |
| September 20, 2023 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 MEMO ENDORSEMENT on re: #26 Letter for an Extension of time to file opposition to defendant's motion, filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. ENDORSEMENT: Ok., ( Responses due by 11/17/2023) (yv) |
| Filing 26 FIRST LETTER addressed to Judge Colleen McMahon from Michael Baglio dated 11/01/2023 re: Extension of time to file opposition to defendant's motion. Document filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C...(Baglio, Michael) |
Filing 25
CIVIL CASE MANAGEMENT PLAN: Amended Pleadings due by 12/1/2023. Joinder of Parties due by 12/1/2023. Deposition due by 1/19/2024. Expert Discovery due by 3/29/2024. Discovery due by 3/29/2024. Pretrial Order due by 5/6/2024. SO ORDERED. (Signed by Judge Colleen McMahon on 10/31/23) (yv)
|
| Filing 24 PROPOSED CASE MANAGEMENT PLAN. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
| Filing 23 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss Plaintiffs' Complaint. . Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
| Filing 22 DECLARATION of Elizabeth C. Petrozelli in Support re: #20 MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A- TriNet Group Summary Plan Description).(Petitt, Adam) |
| Filing 21 DECLARATION of Adam J. Petitt, Esq. in Support re: #20 MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Veritext Call Transcript 2021.02.08_Redacted, #2 Exhibit B - Summons and Complaint in Park Avenue Podiatric Care, P.L.L.C v. Cigna Health and Life Insurance Company).(Petitt, Adam) |
| Filing 20 MOTION to Dismiss Plaintiffs' Complaint. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
|
Filing 19
ORDER granting #18 Letter Motion for Extension of Time to File. Make your motion. (Signed by Judge Colleen McMahon on 10/11/2023) (jca)
|
| Set/Reset Deadlines: Motions due by 10/20/2023. (jca) |
| Filing 18 LETTER MOTION for Extension of Time to File : Request for an Extension of Time to File Motion to Dismiss the Complaint addressed to Judge Colleen McMahon from Adam J. Petitt, Esq. dated October 10, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
|
Filing 17
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record ( or where a party is not yet represented, such party) and, if necessary. provide them with a copy of this order. Except as noted in Paragraph 5 belo, counsel for all parties are directed to confer, complete and sign the attached "Civil Case Management Plan" and to file on ECF within thirty (30) days. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 12/7/2023 at 10:00 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (Initial Conference set for 12/7/2023 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 9/27/23) (yv)
|
| Filing 16 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-04373. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Colleen McMahon. 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 Sarah Netburn 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) |
| 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.] |
|
ELECTRONIC ORDER: Based upon the parties letters #14 & #15 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.]
|
| Filing 15 Letter by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. (Baglio, Michael) [Transferred from New York Eastern on 9/20/2023.] |
|
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.]
|
|
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. The initial conference scheduled for 9/15/2023 is adjourned in light of the consolidated status conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/15/2023. (IS) [Transferred from New York Eastern on 9/20/2023.]
|
| Filing 13 RESPONSE to Motion re #12 Letter MOTION for pre motion conference to dismiss Complaint filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C.. (Attachments: #1 Exhibit Benefit Sheet) (Nathan, Michael) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 12 Letter MOTION for pre motion conference to dismiss Complaint by Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 11 Corporate Disclosure Statement by Aetna Life Insurance Company identifying Corporate Parent Aetna Inc., Corporate Parent CVS Health Corporation for Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/20/2023.] |
|
ORDER: The Motion for Extension of Time to File #10 is hereby granted. The deadline for the Defendant to answer, move, or otherwise responded to the Complaint is extended to 8/7/2023. Counsel for Defendant is reminded to file the Rule 7.1. disclosure statement, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. Failure to file the required disclosure statement by 7/13/2023 may lead to sanctions, including dismissal of the action, entry of default, or other appropriate remedies. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/6/2023. (MD) [Transferred from New York Eastern on 9/20/2023.]
|
| Filing 10 MOTION for Extension of Time to File Response/Reply by Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/20/2023.] |
|
Filing 9
SCHEDULING ORDER: A telephonic initial conference will be held at 12:00 P.M. on 9/15/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 9/13/2023 Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/29/2023. (EM) [Transferred from New York Eastern on 9/20/2023.]
|
| Filing 8 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 7 Corporate Disclosure Statement by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. (Baglio, Michael) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 6 Corporate Disclosure Statement by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. (Baglio, Michael) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 5 SUMMONS Returned Executed by Rowe Plastic Surgery of New Jersey, 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.] |
|
ORDER: The parties are reminded to file the required Rule 7.1 disclosure statement, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. The newly amended Rule 7.1, which became effective on December 1, 2022, provides: "In an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must...file a disclosure statement." Fed. R. Civ. P. 7.1(a)(2). "The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court[.]" Id. For the purposes of diversity, a limited liability company takes the citizenship of each of its members. Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Plaintiffs' disclosure statement must name and identify the citizenship of every member of Plaintiff Rowe Plastic Surgery of New Jersey, L.L.C. Failure to file the required disclosure statement by 6/29/2023 may lead to sanctions, including dismissal of the action, entry of default, or other appropriate remedies. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/15/2023. (MD) [Transferred from New York Eastern on 9/20/2023.]
|
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 3 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. (SR) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 2 Summons Issued as to All Defendants. (SR) [Transferred from New York Eastern on 9/20/2023.] |
| Filing 1 COMPLAINT Rowe Plastic Surgery of New Jersey, L.L.C. & East Coast Plastic Surgery, P.C. against Aetna Life Insurance Company filing fee $ 402, receipt number ANYEDC-16794605 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Rowe Plastic Surgery of New Jersey, 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 Sanket J. Bulsara. 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. (SR) [Transferred from New York Eastern on 9/20/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
