Pending - Other Pending
Labor - Employee Benefit
Eric N. Vitaliano
Jamie Bassel, D.C., P.C.
Aetna Health and Life Insurance Company
Attorney at Lewin & Baglio, LLP
1100 Shames Drive, Ste. 100
Westbury, NY 11590
Gerald Lawrence, Jr.
Attorney at Lowey Dannenberg, P.C.
100 Front Tower, Suite 520
W Conshohocken, PA 19428
Frank P Strangeman
Attorney at Lowey Dannenberg, P.C.
44 South Broadway, Suite 1100
New York, NY 10601
Scott Vincent Papp
Attorney at Lowey Dannenbery P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Exhibit Decision and Order
Exhibit Amended Complaint
Civil Cover Sheet
DocketORDER: The parties' proposed briefing schedule at #10 is adopted. Plaintiff will serve its opening papers by 4/8/2020. Defendant will serve its opposition papers by 4/29/2020. Plaintiff will serve its reply papers by 5/6/2020. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 5/13/2020. Ordered by Judge Eric N. Vitaliano on 4/3/2020. (LoMonaco, Anthony) (Entered: 04/03/2020)Read MoreRead Less
DocketORDER re #11 Letter -- The motion is granted; the initial conference previously scheduled for April 6, 2020 is adjourned sine die pending resolution of the motions. Ordered by Magistrate Judge James Orenstein on 4/1/2020. (Gutmann, Joseph) (Entered: 04/01/2020)Read MoreRead Less
Docket(#11) Letter by Both Parties Requesting Extension of Time To Submit Discovery Plan Pending Resolution of Motion to Remand and Motion to Dismiss by Jamie Bassel, D.C., P.C. (Kearns, Brendan) (Entered: 04/01/2020)Read MoreRead Less
Docket(#10) Letter by Both Parties Setting Forth Briefing Shcedule for Moiton to Remand by Jamie Bassel, D.C., P.C. (Kearns, Brendan) (Entered: 04/01/2020)Read MoreRead Less
Docket(#9) CASE REFERRED to Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d). 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(d) (3). An Arbitration Hearing will be scheduled after an Answer is filed. The hearing will occur approximately 120 days after filing of the Answer. (Credle, Rita) (Entered: 03/20/2020)Read MoreRead Less
DocketORDER denying #6 Motion for Pre-Motion Conference. After reviewing the parties' submissions, the Court concludes that a pre-motion conference is unnecessary. The parties are to file a joint proposed briefing schedule by 4/1/2020 only as to plaintiff's anticipated motion to remand. Accordingly, defendant's Motion for Pre-Motion Conference to file a motion to dismiss is terminated, pending the outcome of plaintiff's motion. Ordered by Judge Eric N. Vitaliano on 3/18/2020. (LoMonaco, Anthony) (Entered: 03/18/2020)Read MoreRead Less
Docket(#8) SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to attend an initial discovery planning conference on April 6, 2020, at 11:00 a.m. that will take place telephonically. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 391-4302. I respectfully direct all counsel to call in to the telephone conference five minutes before the conference begins. If any party has any difficulty accessing the telephone conference, please contact chambers at Orenstein_Chambers@nyed.uscourts.gov. No later than April 2, 2020, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER.Ordered by Magistrate Judge James Orenstein on 3/17/2020. (Almonte, Kelly) (Entered: 03/17/2020)Read MoreRead Less
Docket(#7) Letter response to defendant's request for motion schedule by Jamie Bassel, D.C., P.C. (Kearns, Brendan) (Entered: 03/16/2020)Read MoreRead Less
Docket(#6) MOTION for pre motion conference and/or for the Court to set a briefing schedule by Aetna Health and Life Insurance Company. (Lawrence, Gerald) (Entered: 03/09/2020)Read MoreRead Less
Docket(#5) 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. (Davis, Kimberly) (Entered: 03/03/2020)Read MoreRead Less
DocketCase Assigned to Judge Eric N. Vitaliano and Magistrate Judge James Orenstein. 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. (Davis, Kimberly) (Entered: 03/03/2020)Read MoreRead Less
Docket(#4) NOTICE of Appearance by Frank P Strangeman on behalf of Aetna Health and Life Insurance Company (aty to be noticed) (Strangeman, Frank) (Entered: 03/02/2020)Read MoreRead Less
Docket(#3) NOTICE of Appearance by Scott Vincent Papp on behalf of Aetna Health and Life Insurance Company (aty to be noticed) (Papp, Scott) (Entered: 03/02/2020)Read MoreRead Less
Docket(#2) Corporate Disclosure Statement by Aetna Health and Life Insurance Company identifying Corporate Parent Aetna Inc. for Aetna Health and Life Insurance Company. (Lawrence, Gerald) (Entered: 03/02/2020)Read MoreRead Less
Docket(#1) NOTICE OF REMOVAL by Aetna Health and Life Insurance Company from Civil Court, case number 8279/19. ( Filing fee $ 400 receipt number ANYEDC-12469533) (Attachments: #1 Exhibit Complaint, #2 Exhibit Decision and Order, #3 Exhibit Amended Complaint, #4 Civil Cover Sheet) (Lawrence, Gerald) (Entered: 03/02/2020)Read MoreRead Less
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