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 |
| 1:2023cv08527 |
| September 27, 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 |
| Plaintiff |
Docket Report
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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 #22 MOTION to Dismiss Plaintiffs' Amended Complaint. addressed to Judge Colleen McMahon from Adam J. Petitt, Esq. dated November 20, 2023., #22 MOTION to Dismiss Plaintiffs' Amended Complaint. Extension Granted. (Replies due by 12/1/2023.) (Signed by Judge Colleen McMahon on 11/21/23) (yv)
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| Filing 28 LETTER MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss Plaintiffs' Amended Complaint. addressed to Judge Colleen McMahon from Adam J. Petitt, Esq. dated November 20, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
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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., Norman Maurice Rowe, M.D., M.H.A., L.L.C. ENDORSEMENT: So Ordered., ( Responses due by 11/17/2023) (Signed by Judge Colleen McMahon on 11/2/23) (yv)
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| 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., Norman Maurice Rowe, M.D., M.H.A., L.L.C...(Baglio, Michael) |
| Filing 25 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
| Filing 24 DECLARATION of Elizabeth C. Petrozelli in Support re: #22 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Provident Bank Summary Plan Description).(Petitt, Adam) |
| Filing 23 DECLARATION of Adam J. Petitt, Esq. in Support re: #22 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Veritext Call Transcript 2021.01.26, #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 22 MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
| Filing 21 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 Colleen McMahon from Adam J. Petitt, Esq. dated October 10, 2023. Document filed by Aetna Life Insurance Company..(Petitt, Adam) |
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Filing 20
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 below, 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 10:45 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 10:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 09/28/2023) (yv)
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| Filing 19 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-04307. 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. (RG) [Transferred from New York Eastern on 9/27/2023.] |
| 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..(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) |
| Magistrate Judge Valerie Figueredo 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) |
| Filing 18 NOTICE of Appearance by Brendan J Kearns on behalf of All Plaintiffs (aty to be noticed) (Kearns, Brendan) [Transferred from New York Eastern on 9/27/2023.] |
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Motions terminated: #14 Letter MOTION for pre motion conference. In light of Judge Bulsara's Order directing the Clerk of Court to transfer this case to the Southern District of New York, the premotion conference set for 9/19/2023 before Judge Cogan is cancelled. Ordered by Judge Brian M. Cogan on 9/18/2023. (PW) [Transferred from New York Eastern on 9/27/2023.]
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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. 15). On 9/15/2023, Defendant filed a letter indicating that it does not oppose a transfer. (Letter, Dkt. No. 17). 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 17 Letter by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 16 REPLY in Opposition re #14 Letter MOTION for pre motion conference re #12 Amended Complaint , Motion to Dismiss the Amended Complaint filed by All Plaintiffs. (Kearns, Brendan) [Transferred from New York Eastern on 9/27/2023.] |
| NOTICE of Hearing: Premotion Conference is reset to 9/19/2023 at 11:00 AM by video. A ZoomGov link will be emailed to counsel of record. (PW) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 15 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 9/27/2023.] |
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SCHEDULING ORDER: Plaintiff is directed to file a detailed response to letter #14 by 9/14/2023. Premotion Conference by video will be held on 9/18/2023 at 11:30 am. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 9/8/2023. (PW) [Transferred from New York Eastern on 9/27/2023.]
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| Filing 14 Letter MOTION for pre motion conference re #12 Amended Complaint , Motion to Dismiss the Amended Complaint by Aetna Life Insurance Company. (Attachments: #1 Exhibit Certified Transcript of January 26, 2021 call (REDACTED)) (Petitt, Adam) [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 13 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.] |
| Filing 12 AMENDED COMPLAINT against Aetna Life Insurance Company, filed by Norman Maurice Rowe, M.D., M.H.A., L.L.C., East Coast Plastic Surgery, P.C.. (Baglio, Michael) [Transferred from New York Eastern on 9/27/2023.] |
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ORDER granting #10 . Count 4 of the complaint is dismissed as plaintiffs do not deny that Count 4 fails to state a claim. Oral Argument scheduled for 8/18/23 is cancelled. As to plaintiffs' "seeking permission to amend," #11 plaintiffs do not need permission to amend as they may amend as of right. See Fed. R. Civ. P. 15(a)(1)(B). Any amended complaint shall be filed by 8/25/23. Ordered by Judge Brian M. Cogan on 8/17/2023. (PW) [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 Seeking Permission to Amend the 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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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 REFERRING ALL NON-DISPOSITIVE PRETRIAL MATTERS TO MAGISTRATE JUDGE BULSARA. In light of this referral, the Oral Argument and Initial Status Conference scheduled for 8/18/2023 before this Court is adjourned without date. Ordered by Judge Brian M. Cogan on 8/13/2023. (PW) [Transferred from New York Eastern on 9/27/2023.]
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CORRECTED ORDER. Oral Argument on the motion shall proceed as previously scheduled for 8/18/2023 at 9:15 am by video. Ordered by Judge Brian M. Cogan on 8/13/2023. (PW) [Transferred from New York Eastern on 9/27/2023.]
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ORDER REASSIGNING CASE. Case assigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. 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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ORDER denying as unnecessary #10 Motion for pre motion conference. This letter constitutes defendant's motion to dismiss Count 4 of the Complaint. Plaintiff's opposition is due 8/16/2023. Initial Status Conference is reset to 8/18/2023 at 9:15 am by video at which time oral argument on the motion will be heard. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 8/8/2023. (PW) [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
ORDER re: #8 and SCHEDULING ORDER: Request granted. Defendant's answer due 8/7/2023. An Initial Status Conference is set for 8/14/2023 at 3:45 pm. Parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. In a prior direction (see Order dated 7/4/2023 in case 23-cv-4534) counsel was advised that any letter seeking relief must be designated as an ECF event Letter "Motion". The next violation of ECF filing directives may result in sanctions. Ordered by Judge Brian M. Cogan on 7/4/2023. (PW) [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 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 9/27/2023.] |
| Filing 5 Summons Issued as to Aetna Life Insurance Company. (RG) [Transferred from New York Eastern on 9/27/2023.] |
| 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 9/27/2023.] |
| 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 Norman Maurice Rowe, M.D., M.H.A., L.L.C., and East Coast Plastic Surgery, P.C against Aetna Life Insurance Company filing fee $ 402, receipt number ANYEDC-16787078 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 9/27/2023.] |
| Case Assigned to Judge Brian M. Cogan. 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.] |
| 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 9/27/2023.] |
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