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 |
| 1:2023cv08532 |
| September 27, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| 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 27 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 26
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 4/20/2024. All Fact Discovery due by 2/20/2024. All Expert Discovery due by 4/20/2024. All Discovery due by 4/20/2024. Depositions shall be completed: 2/20/2024. No later than April 26, 2024, the parties are to submit a joint letter updating the Court on the status of the case, including but not limited to whether either party intends to file a dispositive motion, what efforts the parties have made to settle the action, whether any discovery disputes remain outstanding, and whether the parties request referral to a Magistrate Judge for settlement purposes. Telephonic post-discovery (Status) Conference set for 5/2/2024 at 02:00 PM before Judge Vernon S. Broderick. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 2-3 days. and as set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/24/2023) (ama)
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| Filing 25 JOINT LETTER addressed to Judge Vernon S. Broderick from Michael Baglio dated 10/23/2023 re: Joint Initial Status Letter. Document filed by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C.. (Attachments: #1 Exhibit Case Management Plan).(Baglio, Michael) |
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Filing 24
ORDER: On October 2, 2023, the parties were directed to file a joint letter by October 16, 2023. (Doc. 23.) To date, the parties have not done so, nor sought an extension of time. Accordingly, the parties are directed to comply with the Order entered on October 2, 2023 and file the requested joint letter on or before Monday October 23, 2023. (Signed by Judge Vernon S. Broderick on 10/19/2023) (rro)
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Filing 23
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by October 16, 2023, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: and further set forth in this order. (Signed by Judge Vernon S. Broderick on 10/2/2023) (rro)
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| Filing 22 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-04534. Original file certified copy of transfer order and docket entries received. |
| 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 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 Vernon S. Broderick. 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 Ona T. Wang 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 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. #17 ). On 9/15/2023, Defendant filed a letter indicating that it does not oppose a transfer. (Reply, Dkt. No. #21 ). 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 21 Letter by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 20 REPLY in Support re #16 MOTION to Dismiss for Failure to State a Claim : Notice of Motion to Dismiss the Complaint filed by Aetna Life Insurance Company. (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 19 MEMORANDUM in Opposition re #16 MOTION to Dismiss for Failure to State a Claim : Notice of Motion to Dismiss the Complaint filed by All Plaintiffs. (Kearns, Brendan) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 18 AFFIDAVIT/DECLARATION in Opposition re #16 MOTION to Dismiss for Failure to State a Claim : Notice of Motion to Dismiss the Complaint filed by All Plaintiffs. (Kearns, Brendan) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 17 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 16 MOTION to Dismiss for Failure to State a Claim : Notice of Motion to Dismiss the Complaint by Aetna Life Insurance Company. (Attachments: #1 Declaration of Adam J. Petitt, Esq. In Support of Motion to Dismiss the Complaint, #2 Exhibit A-Transcript of December 17, 2020 Recorded Call, #3 Declaration of Elizabeth C. Petrozelli In Support of Motion to Dismiss the Complaint, #4 Index of Exhibits, #5 Memorandum of Law in Support of Motion to Dismiss the Complaint) (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 15 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.] |
| Minute Entry and Order for premotion conference held on 8/24/2023 before Judge Brian M. Cogan. Counsel for both sides appeared by videoconference. Defendant's motion to dismiss, if any, is due 9/5/2023; opposition due 9/12/2023; reply due 9/15/2023. See transcript for details. (Court Reporter: Linda Marino). (PW) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 14 AMENDED COMPLAINT against All Defendants, filed by Rowe Plastic Surgery of New Jersey, L.L.C., East Coast Plastic Surgery, P.C.. (Kearns, Brendan) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 13 Letter Pursuant to This Court's Scheduling Order of 8/15/23 by East Coast Plastic Surgery, P.C., Rowe Plastic Surgery of New Jersey, L.L.C. (Attachments: #1 Exhibit Plaintiffs' Business Record Showing Call Reference Number and Reimbursement Rate) (Kearns, Brendan) [Transferred from New York Eastern on 9/27/2023.] |
| Filing 12 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.] |
| Filing 11 Letter Redacted Transcript Referenced in ECF No. 10, pursuant to Court's Order dated August 15, 2023. by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
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SCHEDULING ORDER: Plaintiff is directed to file a detailed response to #10 letter by 8/21/2023; defendant is directed to file a copy of the transcript referenced in the letter. Premotion Conference by video will be held on 8/24/2023 at 3:00 pm. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 8/15/2023. (PW) [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 10 Letter MOTION for pre motion conference to File Motion to Dismiss Complaint by Aetna Life Insurance Company. (Petitt, Adam) [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 Initial Status Conference scheduled for 8/14/2023 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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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. (KD) [Transferred from New York Eastern on 9/27/2023.]
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ORDER re: #8 #9 Letter. Request granted. Defendant's answer due 8/14/2023. Counsel is advised that this letter should have been designated as an ECF event Letter "Motion" since it seeks relief from the Court. Do not refile. 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 9 Letter re Consent re Extention of Time by Aetna Life Insurance Company (Petitt, Adam) [Transferred from New York Eastern on 9/27/2023.] |
| 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 Rowe Plastic Surgery of New Jersey, L.L.C., East Coast Plastic Surgery, P.C.. Aetna Life Insurance Company served on 6/22/2023, answer due 7/13/2023. (Baglio, Michael) [Transferred from New York Eastern on 9/27/2023.] |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 8/14/2023 at 3:30 pm. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 6/27/2023. (PW) [Transferred from New York Eastern on 9/27/2023.]
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| 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.] |
| 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. (SR) [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-16810327 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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