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 |
| 1:2023cv08512 |
| September 27, 2023 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| 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 November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 JOINT 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 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 Ona T. Wang. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/17/2023) (vfr)
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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) |
| Filing 15 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-04377. Original file certified copy of transfer order and docket entries received. |
| 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. (TLH) [Transferred from New York Eastern on 9/27/2023.] |
| Magistrate Judge Sarah L. Cave 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Edgardo Ramos. 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) |
| 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 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. 13). On 9/15/2023, Defendant filed a letter indicating that it does not oppose a transfer. (Letter, Dkt. No. 14). 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. (AL) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 14 Letter by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by East Coast Plastic Surgery, PC, Norman Maurice Rowe, M.D., M.H.A., L.L.C. (Baglio, Michael) [Transferred from New York Eastern on 9/27/2023.] |
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ORDER: The pre-motion conference currently scheduled for Thursday, September 14, 2023, is ADJOURNED pending resolution of Judge Bulsara's order to show cause why venue is proper. If a pre-motion conference is still necessary after Magistrate Judge Bulsara resolves the order to show cause, the parties are DIRECTED to reach out to the court's Deputy at Joseph_Reccoppa@nyed.uscourtsgov to reschedule the conference. So Ordered by Judge Nicholas G. Garaufis on 9/6/2023. (ER). [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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| Filing 11 RESPONSE to Motion re #10 Letter MOTION for Extension of Time to File Answer 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 REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Vera M. Scanlon 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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Defendant moved for a #9 pre-motion conference and an #10 extension of time to file an answer until the date of the pre-motion conference. The court granted both motions. The parties are now DIRECTED to appear for the pre-motion conference on Thursday, September 14, 2023, at 10:30 am. Defendant's time to answer remains stayed until the date of the pre-motion conference. So Ordered by Judge Nicholas G. Garaufis on 8/9/2023. (ER) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 10 Letter MOTION for Extension of Time to File Answer by Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
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ORDER: Defendant's #9 motion for a pre-motion conference and Defendant's #10 motion for extension of time to file an answer until the date of the pre-motion conference are GRANTED. The parties are directed to confer and contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. So ordered by Judge Nicholas G. Garaufis on 8/8/2023. (ER) [Transferred from New York Eastern on 9/27/2023.]
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| 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 9/27/2023.] |
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ORDER: On consent, the request at #8 for an extension of time to answer is granted. Defendant will answer or otherwise respond by 8/7/2023. Ordered by Magistrate Judge Vera M. Scanlon on 7/6/2023. (MG) [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.] |
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Filing 6
SCHEDULING ORDER: An In-Person Initial Conference is scheduled for 10/25/2023 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 10/10/2023. In the event that Defendant has not answered or otherwise appeared, Plaintiffs must also mail a copy of this Order, its attachment and the full docket to the last known mailing address for Defendant and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 6/16/2023. (MG) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 5 SUMMONS Returned Executed by Norman Maurice Rowe, M.D., M.H.A., L.L.C., East Coast Plastic Surgery, PC. 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.] |
| 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 9/27/2023.] |
| 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 9/27/2023.] |
| Filing 2 Summons Issued as to All Defendants. (SR) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 1 COMPLAINT Norman Maurice Rowe, M.D., M.H.A., L.L.C., & East Coast Plastic Surgery, PC. against Aetna Life Insurance Company filing fee $ 402, receipt number ANYEDC-16795351 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, PC. (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 Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. 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 9/27/2023.] |
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