Rainey v. Evolution Healthcare et al
| David M Rainey |
| Evolution Healthcare, Trustmark Health Benefits, Bell Associates Consultants, Inc., Evolution Healthcare LLC, Metallized Carbon Corporation Health & Welfare Plan and Metallized Carbon Corporation |
| 7:2021cv10494 |
| December 8, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 |
| None |
Docket Report
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter filed by Evolution Healthcare LLC. ENDORSEMENT: This proposed motion will be discussed at the already scheduled 2/23/22 conference. Plaintiff shall state his position, by letter o no more than 3 pages, by 2/16/22. The Clerk shall send a copy of this endorsement to Plaintiff, who is strongly encouraged to sign up for electronic notifications. SO ORDERED. (Signed by Judge Cathy Seibel on 2/2/2022) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #27 Memo Endorsement to David M Rainey at 41 N. Moger Ave., Apt. 2, Mt. Kisco, NY 10549. (kh) |
| Filing 26 LETTER addressed to Judge Cathy Seibel from Edna Sybil Kersting dated February 1, 2022 re: pre-motion conference. Document filed by Evolution Healthcare LLC..(Kersting, Edna) |
| Filing 25 NOTICE OF APPEARANCE by Edna Sybil Kersting on behalf of Evolution Healthcare LLC..(Kersting, Edna) |
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Filing 24
MEMO ENDORSEMENT on re: #22 Letter filed by Metallized Carbon Corporation. ENDORSEMENT: Telephonic pre-motion conference set for 2/23/22 at 11:30 am. Plaintiff shall state his position, by letter of no more than 3 pages, by 2/16/22. The Clerk of Court is respectfully directed to send a copy of this endorsement to Plaintiff. SO ORDERED. (Telephone Conference set for 2/23/2022 at 11:30 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 1/31/2022) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #24 Memo Endorsement, Set Hearings to David M Rainey at 41 N. Moger Ave., Apt. 2, Mt. Kisco, NY 10549. (kh) |
| Filing 23 LETTER addressed to Judge Cathy Seibel from David Rainey, dated 1/12/22 re: This statement supplements my Amended Complaint filed with the Secretary of State of New York yesterday etc. Plaintiff is seeking reprocessing of original two claims under Medical as before, plus processing of June and August claims under Medical at 100 % since the plaintiff has been charged out of pocket maximum and order that Defendants Trustmark/Evolution process future claims under Medical etc. Document filed by David M Rainey.(sc) |
| Filing 22 LETTER addressed to Judge Cathy Seibel from Joseph Monaco dated January 28, 2022 re: Request for Pre-Motion Conference. Document filed by Metallized Carbon Corporation..(Monaco, Joseph) |
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Filing 21
ORDER re: #20 Letter filed by Metallized Carbon Corporation: What Mr. Monaco represents he was told is not correct. I do not think I said that the Amended Complaint was "a nullity" or that Evolution and MetCar did not have to answer. I said we would await Evolution and MetCar's appearance and their indication as to whether they would answer or submit a pre-motion letter in anticipation of a motion to dismiss. If the latter, I would schedule a conference to set a schedule for a Second Amended Complaint and a briefing schedule. So Mr. Monaco's clients should answer or submit a pre-motion letter in the ordinary course. The Clerk of Court is respectfully directed to send a copy of this text order to Plaintiff, who is encouraged to sign up for electronic notifications. (Information is available on the Court's website.) (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
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| Filing 20 LETTER addressed to Judge Cathy Seibel from Joseph Monaco dated January 28, 2022 re: Conference Request. Document filed by Metallized Carbon Corporation..(Monaco, Joseph) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metallized Carbon Corporation..(Monaco, Joseph) |
| Filing 18 NOTICE OF APPEARANCE by Joseph Dominick Monaco, III on behalf of Metallized Carbon Corporation..(Monaco, Joseph) |
| Mailed a copy of Text Order 21, to David M Rainey at 41 N. Moger Ave., Apt. 2, Mt. Kisco, NY 10549. (dsh) |
| Filing 17 NOTICE OF APPEARANCE by Bruce Mark Young on behalf of Bell Associates Consultants, Inc...(Young, Bruce) |
| Filing 16 NOTICE OF APPEARANCE by Donna Lynn Cook on behalf of Bell Associates Consultants, Inc...(Cook, Donna) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 1/20/2022. Plaintiff David Rainey appears telephonically. Counsel for Defendant Trustmark Health Benefits, Edna Kersting, Esq., appears telephonically. Counsel(s) for Defendant Bell Associates Consultants, Inc., Donna Cook, Esq. and Bruce Young, Esq., appear telephonically. Law Clerk Andrew Kirschenbaum appears telephonically. Counsel(s) for Defendant Bell Associates Consultants, Inc. (Bruce Young, Esq. and Donna Cook, Esq.) are directed by the Court to file Notice(s) of Appearance. The Court informs that parties that it will await the appearances of Defendant(s) Evolution Healthcare LLC and Metallized Carbon Corporation Health & Welfare Plan to see if they seek to file a Motion to Dismiss. Once those Defendant(s) file an Answer or Pre-Motion letter, then the Court will schedule another conference to set schedule for Plaintiff's Second Amended Complaint and Defendants' Motion(s) to Dismiss. See transcript. (Court Reporter Christina Arends-Dieck) (wc) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Evolution Healthcare LLC, served on 1/11/2022, answer due 2/1/2022. Service was accepted by Colleen Banahan, Office of Secretary of State, State of New York. Document filed by David M Rainey. (sc) |
| Filing 14 MEMO ENDORSEMENT on re: #13 Letter filed by Bell Associates Consultants, Inc. ENDORSEMENT: The Telephonic Pre-Motion Conference previously scheduled for 1/14/22 at 11:15 a.m. is rescheduled and will be held on 1/20/22 at 11:15 a.m. Plaintiff is to state his position, by letter of no more than 3 pages, no later than 1/13/22. ( Telephone Conference set for 1/20/2022 at 11:15 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 1/10/2022) (rro) |
| Filing 13 LETTER addressed to Judge Cathy Seibel from Donna L. Cook dated January 10, 2022 re: Adjournment of Pre-Motion Conference. Document filed by Bell Associates Consultants, Inc...(Cook, Donna) |
| Filing 12 AMENDED COMPLAINT against Bell Associates Consultants, Inc., Evolution Healthcare LLC, Metallized Carbon Corporation Health & Welfare Plan, Trustmark Health Benefits.Document filed by David M Rainey.(sc) |
| Filing 11 NOTICE OF APPEARANCE PRO SE by David M Rainey. (sc) |
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Filing 10
ORDER granting #9 Motion for Edna Sybil Kersting to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Edna Sybil Kersting to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 9 MOTION for Edna Sybil Kersting to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trustmark Health Benefits. (Attachments: #1 Affidavit, #2 Exhibit A (Admissions), #3 Certificate of Admission, #4 Text of Proposed Order).(Kersting, Edna) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Edna Sybil Kersting to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25478202. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 8 MOTION for Edna Sybil Kersting to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25478202. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trustmark Health Benefits. (Attachments: #1 Affidavit in support of motion for admission, #2 Admissions, #3 Good standing letter dated 12.16.2021, #4 Text of Proposed Order).(Kersting, Edna) |
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Filing 7
ORDER denying without prejudice #5 Motion to Dismiss: Motion denied without prejudice to renewal following a pre-motion conference, as required by my Individual Practices. Telephonic pre-motion conference to be held on 1/14/22 at 11:15 am. Plaintiff shall state his position, by letter of no more than 3 pages, no later than 1/7/22. Counsel for Defendant shall send a copy of this text order to Plaintiff, who shall promptly file a Notice of Appearance or a letter with his mail, email and cellphone information. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss Plaintiff's claim under Fed. R. Civ. P. 12(b)(6). . Document filed by Trustmark Health Benefits. (Attachments: #1 Exhibit 1 (Complaint), #2 Exhibit 2 (Plan document)).(Ross, Mathew) |
| Filing 5 MOTION to Dismiss Plaintiff's claim under Fed. R. Civ. P. 12(b)(6). Document filed by Trustmark Health Benefits..(Ross, Mathew) |
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Filing 4
MEMO ENDORSEMENT on re: #3 Letter Request a Pre-Motion Conference filed by Bell Associates Consultants, Inc. ENDORSEMENT : Telephonic pre-motion conference to be held on 1/14/22 at 11:15 am. Plaintiff shall respond to this letter, by letter of no more than 3 pages, no later than 1/7/22. Counsel for Defendant shall send a copy of this endorsement to Plaintiff, who shall promptly file a Notice of Appearance or submit a letter with his contact information (address, email, cellphone). So Ordered., ( Telephone Conference set for 1/14/2022 at 11:15 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 12/15/21) (yv)
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| Filing 3 LETTER addressed to Judge Cathy Seibel from Donna L. Cook dated December 15, 2021 re: Request a Pre-Motion Conference. Document filed by Bell Associates Consultants, Inc...(Cook, Donna) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mathew P. Ross. The following case opening statistical information was erroneously selected/entered: Dollar Demand $30,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $30,000;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(jgo) |
| Magistrate Judge Paul E. Davison 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Ross, Mathew) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 65964/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25440797).Document filed by Trustmark Health Benefits. (Attachments: #1 Exhibit A (Summons and Complaint), #2 Exhibit B (Consent Bell Associates Consultants, Inc. through counsel), #3 Exhibit C (Plan document), #4 Additional state court filings received).(Ross, Mathew) |
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