United States of America ex rel. Alon Aharon, et al v. Nuvance Health, Inc., et al
United States of America ex rel. Alon Aharon, Arie Blitz and Dr. Jason Sperling |
Nuvance Health, Inc., Nuvance Health Medical Practice, P.C., Health Quest Systems, Inc., Vassar Brothers Medical Center, Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Mark Warshofsky and Nuvance Health |
7:2024cv00524 |
January 24, 2024 |
US District Court for the Southern District of New York |
Kenneth M Karas |
Other Statutes: False Claims Act |
31 U.S.C. § 3730 Qui Tam False Claims Act |
Plaintiff |
Docket Report
This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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Filing 42 PROPOSED CASE MANAGEMENT PLAN. Document filed by Arie Blitz, Jason Sperling, United States of America ex rel. Alon Aharon..(Minnick, Kevin) |
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Filing 39 MOTION for Hans J. Allhoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29034395. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arie Blitz, Jason Sperling, United States of America ex rel. Alon Aharon. (Attachments: #1 Affidavit of Hans Allhoff and Certificate of Good Standing, #2 Proposed Order to appear Pro Hac Vice).(Allhoff, Hans) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Hans J. Allhoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29034395. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 3/5/2024. Kevin Minnick and James Spertus appeared on behalf of Plaintiffs. Jenny Kramer and Matthew Dowell appeared on behalf of Defendants. No court reporter served. The Court set a briefing schedule for a motion to dismiss. Movant is directed to file a brief by April 5, 2024. The response is due by May 5, 2024. The reply is due by May 24, 2024. (jk) |
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Filing 37 LETTER addressed to Judge Kenneth M. Karas from Kevin J Minnick dated February 15, 2024 re: Relators Response to Defendants Pre-Motion Letter (Individual Rule II.A). Document filed by United States of America ex rel. Alon Aharon..(Minnick, Kevin) |
Filing 36 LETTER addressed to Judge Kenneth M. Karas from Jenny Kramer dated February 8, 2024 re: LETTER addressed to Judge Kenneth M. Karas from Jenny Kramer dated February 8, 2024 re: Pre-Motion Letter Pursuant to Individual Rule II.A Requesting Relators Withdraw First Amended Complaint and Outlining Arguments and Relevant Case Law in Support of Defendants Anticipated Motion to Dismiss and Motion to Stay Discovery.. Document filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky..(Kramer, Jenny) |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Matthew L.J.D. Dowell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28881109. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
Filing 34 MOTION for Matthew L.J.D. Dowell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28881109. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health, Nuvance Health Medical Practice, P.C., Vassar Brothers Medical Center, Mark Warshofsky. (Attachments: #1 Affidavit of Matthew L.J.B. Dowell, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order - Proposed Order).(Dowell, Matthew) |
Filing 33 NOTICE OF APPEARANCE by Jenny Rebecca Kramer on behalf of Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky..(Kramer, Jenny) |
Filing 32 FIRST AMENDED COMPLAINT amending #1 Complaint,, against Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Vassar Brothers Medical Center, Mark Warshofsky, Nuvance Health with JURY DEMAND.Document filed by United States of America ex rel. Alon Aharon. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A- 2012 NCD and Decision Memo, #2 Exhibit B- 2019 NCD and Decision Memo).(Minnick, Kevin) |
Filing 31 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Health Quest Systems, Inc. served on 1/26/2024, answer due 2/16/2024; Hudson Velley Cardiovascular Practice, P.C. served on 1/26/2024, answer due 2/16/2024; Mumtazuddin Zubair Jafar served on 1/26/2024, answer due 2/16/2024; Rajeev L. Narayan served on 1/26/2024, answer due 2/16/2024; Nuvance Health Medical Practice, P.C. served on 1/26/2024, answer due 2/16/2024; Nuvance Health, Inc. served on 1/26/2024, answer due 2/16/2024; Vassar Brothers Medical Center served on 1/26/2024, answer due 2/16/2024; Mark Warshofsky served on 1/26/2024, answer due 2/16/2024. Service was made by Mail. Document filed by Arie Blitz; United States of America ex rel. Alon Aharon; Jason Sperling..(Minnick, Kevin) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin James Minnick to RE-FILE re: Document No. #30 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Nuvance Health; the wrong party/parties whom the pleading is against were selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint 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. (jgo) |
Filing 30 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint,, against Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky with JURY DEMAND.Document filed by United States of America ex rel. Alon Aharon. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A- 2012 NCD and Decision Memo, #2 Exhibit B- 2019 NCD and Decision Memo).(Minnick, Kevin) Modified on 1/26/2024 (jgo). |
Filing 29 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 3:22-cv-00047. Original file certified copy of transfer order and docket entries received. |
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Kenneth M. Karas. 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 Andrew E. Krause 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. (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) |
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Filing 27 TEXT ORDER: In light of the filing of Motion to Dismiss #22 and Motion to Transfer Case #26 , the Rule 16 Initial Conference scheduled for 1/24/2024 before Magistrate Judge Miroslav Lovric, and the related conference deadlines, are all STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/11/2024. (jdc ) [Transferred from New York Northern on 1/24/2024.] |
Filing 26 Consent MOTION to Transfer Case filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky. Response to Motion due by 1/26/2024. Reply to Response to Motion due by 2/2/2024 (Attachments: #1 Memorandum of Law, #2 Declaration of Brian M. Wyatt, #3 Declaration of M. Zubair Jafar, M.D., #4 Declaration of Najeev L. Narayan, M.D., #5 Declaration of Mark Warshofsky, M.D., #6 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Kramer, Jenny) [Transferred from New York Northern on 1/24/2024.] |
Filing 25 TEXT ORDER: Consent Motion to Transfer Case #21 is DENIED, without prejudice. Although the parties have filed a joint consent motion to transfer this case, they failed to file a joint Proposed Order Transferring the Case, which sets forth all of the facts and justifications for the transfer, and for consideration by the Court. Any joint motion for transfer with attachments must include a detailed proposed order, in this case setting forth the jointly agreed upon facts and justifications for transfer of this case. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/2/2024. (jdc) [Transferred from New York Northern on 1/24/2024.] |
Filing 24 NOTICE by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky re #21 Consent MOTION to Transfer Case filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical /Corrected Declaration of Mark Warshofsky, M.D. in Support of Defendants' Motion to Transfer (Kramer, Jenny) [Transferred from New York Northern on 1/24/2024.] |
Filing 23 NOTICE OF APPEARANCE by Theodore C. Altman on behalf of Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky (Altman, Theodore) [Transferred from New York Northern on 1/24/2024.] |
TEXT NOTICE OF FILING DEFICIENCY as to Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky regarding the #20 FRCP 7.1 Corporate Disclosure Statement, #22 MOTION to Dismiss for Failure to State a Claim filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar, #21 Consent MOTION to Transfer Case filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Attorney Theodore Altman needs to file a Notice of Appearance. His name is appearing on the documents. Notice of Filing Deficiency Deadline 1/2/2024 (khr) [Transferred from New York Northern on 1/24/2024.] |
Filing 22 MOTION to Dismiss for Failure to State a Claim filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky. Motion returnable before Judge David N. Hurd Response to Motion due by 1/16/2024. Reply to Response to Motion due by 1/23/2024 (Attachments: #1 Memorandum of Law) (Kramer, Jenny) [Transferred from New York Northern on 1/24/2024.] |
Filing 21 Consent MOTION to Transfer Case filed by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center, Mark Warshofsky. Response to Motion due by 1/16/2024. Reply to Response to Motion due by 1/23/2024 (Attachments: #1 Memorandum of Law, #2 Declaration of Brian M. Wyatt, #3 Declaration of M. Zubair Jafar, M.D., #4 Declaration of Rajeev L. Narayan, M.D., #5 Declaration of Mark Warshofsky, M.D.) Motions referred to Miroslav Lovric. (Kramer, Jenny) [Transferred from New York Northern on 1/24/2024.] |
Filing 20 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center. (Kramer, Jenny) [Transferred from New York Northern on 1/24/2024.] |
Filing 19 NOTICE OF APPEARANCE by James W. Spertus on behalf of Arie Blitz, Jason Sperling, United States of America ex rel. Alon Aharon (Spertus, James) [Transferred from New York Northern on 1/24/2024.] |
Filing 18 WAIVER OF SERVICE Returned Executed by Arie Blitz, United States of America ex rel. Alon Aharon, Jason Sperling. All Defendants. (Attachments: #1 Waiver of Service - Hudson Valley Cardiovascular Practice, P.C., #2 Waiver of Service - Mumtazuddin Zubair Jafar, #3 Waiver of Service - Rajeev L. Narayan, #4 Waiver of Service - Nuvance Health Medical Practice, P.C., #5 Waiver of Service - Nuvance Health, Inc., #6 Waiver of Service - Vassar Brothers Medical Center, #7 Waiver of Service - Mark Warshofsky)(Minnick, Kevin) Answer due date December 26, 2023 Modified on 10/27/2023 (khr). [Transferred from New York Northern on 1/24/2024.] |
Filing 17 Summons Issued as to Mark Warshofsky. (Attachments: #1 Summons issued as to Mumtazuddin Zubair Jafar, #2 Summons issued as to Rajeev Narayan)(khr) [Transferred from New York Northern on 1/24/2024.] |
Filing 16 REQUEST FOR ISSUANCE OF SUMMONS(ES): Arie Blitz, United States of America ex rel. Alon Aharon, Jason Sperling is requesting summons(es) be issued as to Mumtazuddin Zubair Jafar, Rajeev L. Narayan, Mark Warshofsky re: #1 Complaint,,. (Attachments: #1 Proposed Summons, #2 Proposed Summons)(Minnick, Kevin) [Transferred from New York Northern on 1/24/2024.] |
Filing 15 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiffs; Attorney Hans J. Allhoff, Spertus, Landes & Josephs, LLP, 617 W. 7th Street, Suite 200, Los angeles, CA 90017, Phone number is 213-205-6520. Admissions due by 11/2/2023. (khr(Mailed a copy to attorney) [Transferred from New York Northern on 1/24/2024.] |
Filing 14 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/24/2024 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/17/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) [Transferred from New York Northern on 1/24/2024.] |
Filing 13 Summons Issued as to Health Quest Systems, Inc. (Attachments: #1 Summons issued as to Hudson Valley Cardiovascular Practice, P.C., #2 Summons issued as to Nuvance Health Medical Practice, P.C., #3 Summons issued as to Nuvance Health, Inc., #4 Summons issued as to Vassar Brothers Medical Center)(khr) [Transferred from New York Northern on 1/24/2024.] |
Filing 12 REQUEST FOR ISSUANCE OF SUMMONS(ES): United States of America ex rel. Alon Aharon, Jason Sperling is requesting summons(es) be issued as to Health Quest Systems, Inc., Hudson Velley Cardiovascular Practice, P.C., Nuvance Health Medical Practice, P.C., Nuvance Health, Inc., Vassar Brothers Medical Center re: #1 Complaint,,. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons)(Minnick, Kevin) [Transferred from New York Northern on 1/24/2024.] |
TEXT NOTICE as to Arie Blitz, Jason Sperling, United States of America ex rel. Alon Aharon regarding the #1 Complaint,, NOTICE IS HEREBY GIVEN of the following: Now that the case has been unsealed, please provided summonses. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deadline 10/24/2023 (khr) [Transferred from New York Northern on 1/24/2024.] |
TEXT NOTICE: The Initial Conference set for 1/24/2024 at 10:00AM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) [Transferred from New York Northern on 1/24/2024.] |
TEXT NOTICE OF FILING DEFICIENCY as to Arie Blitz, Jason Sperling, United States of America ex rel. Alon Aharon regarding the #1 Complaint,, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Summonses for Mumtazuddin Zabair Jafar, Rajeev L. Narayan and Mark Warshofsky were not submitted Notice of Filing Deficiency Deadline 10/24/2023 (khr) [Transferred from New York Northern on 1/24/2024.] |
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Filing 10 THE UNITED STATES' NOTICE OF ELECTION TO DECLINE INTERVENTION. (Attachments: #1 Proposed Order)(khr) [Transferred from New York Northern on 1/24/2024.] |
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Filing 3 NOTICE OF ADMISSION REQUIREMENT as to Party Sealed Plaintiff 1, Sealed Plaintiff 2, and Sealed Plaintiff 3; Attorney Scott O' Halloran, Email address is sohalloran@spertuslaw.com. Phone number is 213-205-6520. Admissions due by 2/3/2022. (served via email)(ztc, ) (jmb, ). [Transferred from New York Northern on 1/24/2024.] |
Filing 2 NOTICE OF ADMISSION REQUIREMENT as to Party Sealed Plaintiff 1, Sealed Plaintiff 2, and Sealed Plaintiff 3; Attorney James Spertus, Email address is jspertus@spertuslaw.com. Phone number is 213-205-6520. Admissions due by 2/3/2022. (ztc, ) (served via email) (jmb, ). [Transferred from New York Northern on 1/24/2024.] |
Filing 1 COMPLAINT against Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8 (Filing fee $402 receipt number SYR060350) filed by Sealed Plaintiff 1, Sealed Plaintiff 2, Sealed Plaintiff 3.(ztc, ) (Attachments (1) Cover Sheet, (2) Civil Cover Sheet, (3) Civil Cover Sheet listing (Under Seal) (Additional attachment(s) added on 8/17/2023: #1 Civil Cover Sheet, #2 Sealed Cover Page) (jmb, ). [Transferred from New York Northern on 1/24/2024.] |
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