Abbey v. United Healthcare Insurance Company of New York et al
| Diane Abbey |
| United Healthcare Insurance Company of New York and United HealthCare Insurance Company |
| 1:2024cv01275 |
| February 20, 2024 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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Filing 16
CIVIL 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. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed within 30 days from date of this Order. It is Defendants' position that discovery in this matter governed by ERISA is limited to the Administrative Record. Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case: Other. (The parties would like to negotiate amongst themselves before seeking assistance from one of the ADR mechanism options above and will provide a status update to the Court within 45 days of this Order and include any request for a referral to an ADR mechanism.) This case is not to be tried to a jury. It is Defendants' position that a jury is not appropriate in a matter governed by ERISA. SO ORDERED. Fact Discovery due by 8/16/2024. Pretrial Conference set for 8/23/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/15/2024) (tg)
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter, filed by Diane Abbey. ENDORSEMENT: Application GRANTED. The Initial Pretrial Conference scheduled for Friday, April 19, 2024, at 10:00 A.M. is CANCELED. The Court will enter the case management plan by separate order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2024) (tg)
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| Filing 14 LETTER addressed to Judge Valerie E. Caproni from Julie Sullivan dated April 11, 2024 re: Parties Joint Letter Regarding Rule 16 Conference. Document filed by Diane Abbey. (Attachments: #1 Proposed Order Civil Case Management and Scheduling Order).(Sullivan, Julie) |
| Filing 13 NOTICE OF APPEARANCE by Julie Marie Sullivan on behalf of Diane Abbey..(Sullivan, Julie) |
| Filing 12 ANSWER to Complaint. Document filed by United HealthCare Insurance Company, United Healthcare Insurance Company of New York..(Mazzola, Matthew) |
| Filing 11 CERTIFICATE OF SERVICE of Order Granting Letter Motion for Extension of Time to File (ECF No. 8) served on Julie Sullivan, Esq. on February 27, 2024. Service was made by U.S. Mail. Document filed by United HealthCare Insurance Company, United Healthcare Insurance Company of New York..(Mazzola, Matthew) |
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to File. Application GRANTED. Defendant's deadline to answer or otherwise respond to the Complaint is extended from Tuesday, February 27, 2024, to Friday, March 8, 2024. To date, the parties have not consented to jurisdiction by a magistrate judge, nor has the case been referred to Magistrate Judge Aaron. If the parties wish to consent to proceed before Judge Aaron, they must file the attached form. If the parties do not consent to such jurisdiction, then the parties must direct their motions to the Undersigned unless and until the matter is referred. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/26/2024) (tg)
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| Filing 9 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference (ECF No. 7) served on Julie Sullivan, Esq. on February 26, 2024. Service was made by U.S. Mail. Document filed by United HealthCare Insurance Company, United Healthcare Insurance Company of New York..(Mazzola, Matthew) |
| Filing 8 LETTER MOTION for Extension of Time to File Answer, move or otherwise respond to the Complaint, on Consent, addressed to Magistrate Judge Stewart D. Aaron from Matthew P. Mazzola dated February 26, 2024. Document filed by United HealthCare Insurance Company, United Healthcare Insurance Company of New York..(Mazzola, Matthew) |
| Set/Reset Deadlines: United HealthCare Insurance Company answer due 3/8/2024; United Healthcare Insurance Company of New York answer due 3/8/2024. (tg) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/19/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/22/2024) (ks)
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| Filing 6 CERTIFICATE OF SERVICE of Notice of Removal with Exhibits 1 & 2, Civil Cover Sheet, Defendant UnitedHealthcare Insurance Company of New Yorks Rule 7.1 Corporate Disclosure Statement and Defendant UnitedHealthcare Insurance Companys Rule 7.1 Corporate Disclosure Statement served on Julie Sullivan, Esq. on February 21, 2024. Service was made by Mail. Document filed by United HealthCare Insurance Company, United Healthcare Insurance Company of New York..(Mazzola, Matthew) |
| Filing 5 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: Index No. 650209/2024..Document filed by United HealthCare Insurance Company, United Healthcare Insurance Company of New York..(Mazzola, Matthew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Paul Mazzola to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Signature Error. The pleading is not properly signed. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
| Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group, Inc., Other Affiliate United Healthcare Services, Inc., Other Affiliate UHIC Holdings, Inc. for United HealthCare Insurance Company. Document filed by United HealthCare Insurance Company..(Mazzola, Matthew) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group, Inc., Other Affiliate UnitedHealthCare Insurance Company, Other Affiliate United Healthcare Services, Inc., Other Affiliate UHIC Holdings, Inc. for United Healthcare Insurance Company of New York. Document filed by United Healthcare Insurance Company of New York..(Mazzola, Matthew) |
| Filing 2 CIVIL COVER SHEET filed..(Mazzola, Matthew) |
| Filing 1 FILING ERROR - DEFICIENT - SIGNATURE ERROR - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: Index No. 650209/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-28970310).Document filed by United HealthCare Insurance Company, United Healthcare Insurance Company of New York. (Attachments: #1 Exhibit 1-State Complaint, #2 Exhibit 2-State Court Filings).(Mazzola, Matthew) Modified on 2/21/2024 (vf). |
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