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 |
| 1:2023cv08529 |
| September 27, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| 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 February 1, 2024. A more recent docket listing may be available from PACER.
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Filing 34
MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Aetna Life Insurance Company..(Petitt, Adam)
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Filing 33
DECLARATION of Elizabeth C. Petrozelli in Support re: #31 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Aetna Life Insurance Company..(Petitt, Adam)
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Filing 32
DECLARATION of Adam J. Petitt, Esq. in Support re: #31 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Transcript of the January 21, 2022 call recording from Veritext).(Petitt, Adam)
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Filing 31
MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Aetna Life Insurance Company..(Petitt, Adam)
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Filing 30
SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Aetna Life Insurance Company served on 11/16/2023, answer due 12/7/2023. Service was made by Mail. Document filed by Rowe Plastic Surgery of New Jersey, L.L.C.; East Coast Plastic Surgery, P.C...(Baglio, Michael)
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Filing 29
ELECTRONIC SUMMONS ISSUED as to Aetna Life Insurance Company..(jgo)
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Filing 28
REQUEST FOR ISSUANCE OF SUMMONS as to AETNA Life Insurance Company, re: #26 Amended Complaint. Document filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C...(Baglio, Michael) M
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Baglio, I to RE-FILE Document No. #27 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Filing 27
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to AETNA Life Insurance Company, re: #26 Amended Complaint. Document filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C...(Baglio, Michael) Modified on 11/14/2023 (vf).
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Filing 26
AMENDED COMPLAINT amending #1 Complaint, against Aetna Life Insurance Company with JURY DEMAND.Document filed by Rowe Plastic Surgery of New Jersey, L.L.C., East Coast Plastic Surgery, P.C.. Related document: #1 Complaint,..(Baglio, Michael)
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter, filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. ENDORSEMENT: This schedule is approved. ( Amended Pleadings due by 11/13/2023., Fact Discovery due by 4/4/2024.) (Signed by Judge Denise L. Cote on 11/7/2023) (vfr)
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Filing 24
JOINT LETTER addressed to Judge Denise L. Cote from Brendan J, Kearns, Counsel to Plaintiffs dated November 06, 2023 re: Proposed Case Schedule. Document filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C...(Kearns, Brendan)
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Filing 23
ORDER: An October 10, 2023 Order required the parties to submit by October 27 a joint letter proposing a schedule for this litigation. Chambers called counsel for the plaintiffs on October 31 to notify them of the missed deadline. It is hereby ORDERED that, by November 6, 2023, the parties shall submit a joint letter proposing a schedule for this litigation. IT IS FURTHER ORDERED that any failure to file timely may result in dismissal for failure to prosecute. (Signed by Judge Denise L. Cote on 11/3/2023) (vfr)
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Filing 22
ORDER As set forth at the telephonic pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on October 10, 2023, it is hereby ORDERED that, by October 27, 2023, the parties shall submit a joint letter proposing a schedule for this litigation. (Signed by Judge Denise L. Cote on 10/10/2023) (jca)
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Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 10/10/2023. (jwh)
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Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference. Having received plaintiffs' October 6, 2023 request, it is hereby ORDERED that the October 10 conference will be held telephonically. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749. Access Code: 4324948. The parties shall use a landline if one is available.. (Signed by Judge Denise L. Cote on 10/6/2023) (ate)
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Filing 20
FIRST LETTER MOTION to Adjourn Conference or to appear via video or telephone addressed to Judge Denise L. Cote from Brendan J, Kearns, Counsel to Plaintiffs dated October 6, 2023. Document filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C...(Kearns, Brendan)
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Filing 19
NOTICE OF APPEARANCE by Brendan J Kearns on behalf of East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C...(Kearns, Brendan)
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Filing 18
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/10/2023 at 03:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 10/3/2023) (jca)
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Filing 17
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-04374. Original file certified copy of transfer order and docket entries received.
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Denise L. Cote. 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)
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Case Designated ECF. (vba)
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Magistrate Judge James L. Cott 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)
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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)
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Case transferred to the Southern District of New York pursuant to Electronic Order dtd. 9/18/2023. The Original file was transferred electronically via pacer. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (ML) [Transferred from New York Eastern on 9/27/2023.]
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ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK -- At a status conference held on September 5, 2023, the magistrate judge ordered the parties to show cause ("OTSC") by 9/15/2023 why venue is proper in this case and why this case should not be transferred to the U.S. District Court for the Southern District of New York ("SDNY"). In their responses, the parties agree that venue in this district is not proper and consent to the transfer of this case to the SDNY. See, Pl.s' Resp. to OTSC, Dkt. Entry No. 15; Def.'s Resp. to OTSC, Dkt. Entry No. 16. Accordingly, this action is TRANSFERRED pursuant to 28 USC 1404(a) to the U.S. District Court for the Southern District of New York. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 9/18/2023. (Irizarry, Dora) [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.]
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Filing 15
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.]
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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 9/5/2023. (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 14
NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled to be held on : December 06, 2023 at 10:00 a.m.The deadline to select an arbitrator and schedule a pre-arbitration conference with the arbitrator is October 13, 2023Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and submit a fully executed Stipulation for Selection of Arbitrator to the ADR Coordinator noting the date of the pre-hearing conference. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/adr-forms. Counsel, please do not enter the Stipulation for Selection of Arbitrator on the docket. Counsel will return the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov (RC) [Transferred from New York Eastern on 9/27/2023.]
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CASE REFERRED to Arbitration. (RC) [Transferred from New York Eastern on 9/27/2023.]
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ORDER re #12 Corporate Disclosure Statement and #11 Response to Order to Show Cause filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. -- The Court is satisfied with Plaintiffs' most recent corporate disclosure statement and response to the Court's June 27, 2023 Order to Show Cause. Ordered by Judge Dora Lizette Irizarry on 8/18/2023. (Irizarry, Dora) [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 REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Marcia M. Henry 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. (KD) [Transferred from New York Eastern on 9/27/2023.]
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Filing 13
ANSWER to #1 Complaint, by Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.]
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Filing 12
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 9/27/2023.]
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Filing 11
RESPONSE TO ORDER TO SHOW CAUSE by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. (Attachments: #1 Declaration) (Baglio, Michael) [Transferred from New York Eastern on 9/27/2023.]
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Filing 10
Letter re Consent re Extention of Time by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.]
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Filing 9
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 8
SCHEDULING ORDER: An in-person initial conference will be held on 09/20/2023 10:30AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/13/2023, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 06/28/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (RC) [Transferred from New York Eastern on 9/27/2023.]
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Order re #7 Response Order to Show Cause -- As an initial matter, Plaintiffs' response to the Court's June 15, 2023 Order to Show Cause is an updated corporate disclosure statement rather than a proper response to the Court's order. Plaintiffs should have filed a letter with the Court explaining why this matter should not be dismissed for a lack of subject matter jurisdiction. Additionally, Plaintiffs' updated corporate disclosure statement is insufficient fails satisfy Fed. R. Civ. P. 7.1(a)(2)(A) or the Court's Order to Show Cause. First, as to Plaintiff Rowe Plastic Surgery of New Jersey, LLC ("RPSNJ"), the corporate disclosure statement does not identify the citizenship of every individual associated with RPSNJ since the disclosure statement only alleges that RPSNJ's sole member is a resident of New York. Moreover, "[d]omicile is not synonymous with residence; a party can reside in one place and be domiciled in another." Torres v. O'Brien-Briggs, 2020 WL 7024368, at *1, fn 1 (E.D.N.Y. Nov. 30, 2020) (citation omitted). Second, as to East Coast Plastic Surgery, P.C., the corporate disclosure only states that Plaintiff East Coast Plastic Surgery, P.C. is a New Jersey Professional Corporation but fails to explain how this is the case. Plaintiffs are admonished for failing to adhere to the Court's Order to Show Cause and the Federal Rules of Civil Procedure. Accordingly, BY NO LATER THAN FRIDAY, JULY 7, 2023, Plaintiffs shall file a proper corporate disclosure statement and proper response to the Courts Order to Show Cause or this action will be dismissed for lack of subject matter jurisdiction. SO ORDERED by Judge Dora Lizette Irizarry on 6/27/2023. (CC) Modified on 6/27/2023 (CC). [Transferred from New York Eastern on 9/27/2023.]
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Filing 7
RESPONSE TO ORDER TO SHOW CAUSE by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. (Nathan, Michael) [Transferred from New York Eastern on 9/27/2023.]
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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 9/27/2023.]
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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 WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION - Show Cause Response due by 6/26/2023 -- Plaintiff Row Plastic Surgery of New Jersey L.L.C. ("RPSNJ"), a Limited Liability Company ("LLC"), has invoked the Court's subject matter jurisdiction based on diversity pursuant to 28 U.S.C. 1332. As such, Plaintiff must allege that: (1) the amount in controversy exceeds the $75,000 jurisdictional threshold mandated by 28 U.S.C. 1332(a); and (2) there is complete diversity of citizenship of the parties. Brown v. Eli Lilly & Co., 654 F.3d 347, 356 (2d Cir. 2011). While the damages jurisdictional requirement has been met, Plaintiff has not satisfied the diversity requirement.An LLC's citizenship is attributed to and must be alleged as to each one of its members. Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Thus, to satisfy the diversity requirement, "[t]he rule is simple: to sue or remove a case involving a limited liability company, a party must allege the identity and citizenship of their members, proceeding up the chain of ownership until the party has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC." Sixto v. Both Trucking LLC, 2022 WL 1124824, at *1 (E.D.N.Y. Apr. 14, 2022) (emphasis added). Here, Plaintiff only alleges that it is an LLC with a "principal place of business, mailing address and registered agent in Montclair, NJ 07042-2212." Compl., Dkt. Entry No. 1-1 at para. 6. This does not comply with the statuory requirement for diversity and the well settled law of this Circuit.Furthermore, both Plaintiffs failed to comply with the recently enacted Fed. R. Civ. P. 7.1(a)(2)(A), which states that "in an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must nameand identify the citizenship ofevery individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court[.]" Plaintiffs' counsel is admonished for failing to familiarize himself with and abide by the well established precedent of this Circuit and the Federal Rules of Civil Procedure. Accordingly, by NO LATER THAN JUNE 26, 2023, Plaintiffs shall file a properly executed Rule 7.1 statement and show cause why this action should not be dismissed for lack of subject matter jurisdiction consistent with this Electronic Order.Plaintiffs are directed to serve this order on Defendant and file proof of service June 19, 2023. SO ORDERED by Judge Dora Lizette Irizarry on 6/15/2023. (Irizarry, Dora) [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.]
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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.]
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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.]
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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-16794771 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.]
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Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Marcia M. Henry. 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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