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 |
| 1:2023cv08509 |
| September 27, 2023 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Ona T Wang |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 LETTER MOTION for Conference Request that case join December 20, 2023 status conference addressed to Magistrate Judge Ona T. Wang from Adam J. Petitt and Brendan J. Kearns dated November 21, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
Filing 29
ORDER granting #28 Letter Motion for Extension of Time to File Response/Reply re #28 LETTER MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Plaintiffs' Complaint. addressed to Judge Sidney H. Stein from Adam J. Petitt, Esq. dated November 20, 2023. Aetna's request to extend its time to file its reply to December 1 is granted. SO ORDERED. Replies due by 12/1/2023.. (Signed by Judge Sidney H. Stein on 11/21/2023) (jca)
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Ona T. Wang, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Robert W. Lehrburger no longer referred to the case. Motions referred to Ona T. Wang. (vba) |
| Filing 28 LETTER MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Plaintiffs' Complaint. addressed to Judge Sidney H. Stein from Adam J. Petitt, Esq. dated November 20, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
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Filing 27
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 Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Sidney H. Stein on 11/17/2023) (jca)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ona T. Wang to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter, filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. ENDORSEMENT Plaintiffs' request to extend its time to respond to the motion to dismiss to November 17 is granted. Defendant shall have until December 1 to reply. SO ORDERED. (Replies due by 12/1/2023., Responses due by 11/17/2023) (Signed by Judge Sidney H. Stein on 11/1/2023) (jca)
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| Filing 25 FIRST LETTER addressed to Judge Sidney H. Stein 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 24 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss Plaintiffs' Complaint. . Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
| Filing 23 DECLARATION of Elizabeth C. Petrozelli in Support re: #21 MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Clearesult Consulting Summary Plan Description).(Petitt, Adam) |
| Filing 22 DECLARATION of Adam J. Petitt, Esq. in Support re: #21 MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Veritext Call Transcript 2021.01.04_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 21 MOTION to Dismiss Plaintiffs' Complaint. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File. Defendant's request to extend its time to file a motion to dismiss until October 20 is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 10/10/2023) (jca)
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| Filing 19 LETTER MOTION for Extension of Time to File : Request for an Extension of Time to File Motion to Dismiss the Amended Complaint addressed to Judge Sidney H. Stein from Adam J. Petitt, Esq. dated October 10, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
| Set/Reset Deadlines: Motions due by 10/20/2023. (jca) |
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Filing 18
ORDER denying #15 Letter Motion for Conference re: #15 Letter MOTION for pre motion conference re #13 Amended Complaint Motion to DIsmiss The individual rules of this Court do not require a pre-motion conference. SO ORDERED. (Signed by Judge Sidney H. Stein on 10/5/2023) (jca)
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| Case Designated ECF. (gp) |
| Filing 17 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-04356. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Sidney H. Stein. 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..(vba) |
| Magistrate Judge Robert W. Lehrburger 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. (vba) |
| 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. (vba) |
| Case No Longer Designated ECF. (vba) |
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ORDER: On 9/11/2023, Plaintiff filed a letter indicating that venue in the Eastern District of New York is not proper, and asking that the case be transferred to the Southern District of New York. (Letter Resp. to Order to Show Cause, Dkt. No. #14 ). On 9/15/2023, Defendant filed a letter indicating that it does not oppose a transfer. (Reply, Dkt. No. #16 ). As such, pursuant to 28 U.S.C. 1406(a), the Clerk of Court is ordered to transfer this case to the Southern District of New York. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/18/2023. (IS) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 16 Letter by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 15 Letter MOTION for pre motion conference re #13 Amended Complaint Motion to DIsmiss by Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| 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 9/27/2023.] |
| Filing 13 AMENDED COMPLAINT against Aetna Life Insurance Company, filed by Rowe Plastic Surgery of New Jersey, L.L.C., East Coast Plastic Surgery, P.C.. (Baglio, Michael) [Transferred from New York Eastern on 9/27/2023.] |
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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 9/27/2023.]
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| Filing 12 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 9/27/2023.] |
| CASE REFERRED to Arbitration. (RC) [Transferred from New York Eastern on 9/27/2023.] |
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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 8/15/2023. (IS) [Transferred from New York Eastern on 9/27/2023.]
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ORDER denying #10 Motion for Pre Motion Conference: In light of Plaintiffs' request seeking leave to file an amended complaint, ECF No. #11 , Defendant's #10 Letter Motion for a Pre-Motion Conference to Dismiss Count 4 of Complaint is denied without prejudice to renew. Plaintiffs may file an amended complaint on or before September 1. Defendant may file a renewed pre-motion conference request or otherwise respond to the amended complaint by September 22, 2023. To the extent Defendant believes that the amended complaint does not cure the defects it alleged in Plaintiffs' initial complaint, it should include such arguments in any renewed pre-motion conference letter. Ordered by Judge Nina R. Morrison on 8/12/2023. (AKC) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 11 RESPONSE to Motion re #10 Letter MOTION for pre motion conference to dismiss Count 4 of Complaint and Seeking Leave to File Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit Plaintiffs' Business Record) (Kearns, Brendan) [Transferred from New York Eastern on 9/27/2023.] |
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ORDER: In light of the case reassignment to Judge Bulsara, the initial conference previously scheduled for 9/29/2023 before Magistrate Judge Cheryl Pollak is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/11/2023. (DC) [Transferred from New York Eastern on 9/27/2023.]
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Cheryl L. Pollak 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 8/11/2023. Motions referred to Sanket J. Bulsara. (KD) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 10 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 9/27/2023.] |
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Filing 9
SCHEDULING ORDER: An Initial Conference is set for 9/29/2023 @ 2:45 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 23-4356. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/11/2023. (DC) [Transferred from New York Eastern on 9/27/2023.]
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ELECTRONIC ORDER TO ANSWER re #8 : On consent of both parties, defendant Aetna Life Insurance Company has until 8/7/2023 to answer or otherwise respond to the Complaint. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/1/2023. (MK) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 8 Letter re Consent re Extention of Time by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| 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 9/27/2023.] |
| Filing 6 Letter in response to your request that we show cause as to why this case should not be transferred to the District of New Jersey by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. (Baglio, Michael) [Transferred from New York Eastern on 9/27/2023.] |
| 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 9/27/2023.] |
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Order to Show Cause. Plaintiffs exist and operate in New Jersey, see Compl., ECF #1 , which suggests that a "substantial part of the events or omission giving rise to the claim occurred" in the District of New Jersey. See 28 U.S.C. 1391(b)(2). By Thursday, June 22, 2023, plaintiffs shall show cause as to why this case should not be transferred to that District under 28 U.S.C. 1404. Ordered by Judge Nina R. Morrison on 6/14/2023. (JL) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 4 Summons Issued as to Aetna Life Insurance Company. (KD) [Transferred from New York Eastern on 9/27/2023.] |
| 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 9/27/2023.] |
| 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 9/27/2023.] |
| 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-16792467 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 9/27/2023.] |
| Case Assigned to Judge Nina R. Morrison and Magistrate Judge Cheryl L. Pollak. 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 9/27/2023.] |
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