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
This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.
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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 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 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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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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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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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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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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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 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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