2:20-CV-00653
02/05/2020
Pending - Other Pending
Labor - Employee Benefit
New York Eastern District
Denis R. Hurley
Arlene R. Lindsay
South Nassau Orthopedic Surgery & Sports Medicine, P.C.
United Healthcare Services, Inc.
Michael Baglio, I
Attorney at Lewin & Baglio, LLP
1100 Shames Drive, Suite 100
Westbury, NY 11590
Brendan J Kearns
Attorney at Lewin & Balgio, LLP
1100 Shames Dr
Westbury, NY 11590
Michael H. Bernstein
Attorney at Robinson & Cole LLP
666 Third Avenue, 20Th Floor
New York, NY 10017
(#12) Letter in response to Plaintiff's counsel letter, dated March 17, 2020 by United Healthcare Services, Inc. (Bernstein, Michael) (Entered: 03/17/2020)
(#11) Letter MOTION to Adjourn Conference Requesting Adjournment of Initial Conference by South Nassau Orthopedic Surgery & Sports Medicine, P.C. (Kearns, Brendan) Modified on 3/18/2020 to edit to a motion (Cubano, Jazmin). (Entered: 03/17/2020)
(#10) Letter Responding to Defendant's Request for Pre-motion Conference by South Nassau Orthopedic Surgery & Sports Medicine, P.C. (Kearns, Brendan) (Entered: 03/16/2020)
(#9) Letter resubmitting request for a pre-motion conference to address United Healthcare Services, Inc's contemplated Rule 12(b)(6) motion by United Healthcare Services, Inc. (Bernstein, Michael) (Entered: 03/13/2020)
(#8) Letter (i) in opposition to Plaintiff's letter #6 requesting a pre-motion conference to move for entry of default; and (ii) to request a pre-motion conference to address Untied Healthcare Services, Inc.'s contemplated Rule 12(b)(6) motion by United Healthcare Services, Inc. (Bernstein, Michael) (Entered: 03/06/2020)
(#7) First MOTION for Extension of Time to File Answer by United Healthcare Services, Inc.. (Bernstein, Michael) (Entered: 02/28/2020)
(#6) Letter application for pre motion conference for a default Judgment by South Nassau Orthopedic Surgery & Sports Medicine, P.C.. (Kearns, Brendan) Modified on 3/2/2020 (Cubano, Jazmin). (Entered: 02/28/2020)
Proposed Order
(#4) Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 2/20/2020. (Attachments: #1 Proposed Scheduling Order) c/ecf (Imrie, Robert) (Entered: 02/20/2020)
(#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. (Flanagan, Doreen) (Entered: 02/06/2020)
(#2) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) (Entered: 02/06/2020)
Civil Cover Sheet
Certificate of Service
Exhibit B
Exhibit A
(#1) NOTICE OF REMOVAL by United Healthcare Services, Inc. from Supreme Court of the State of New York, County of Nassau, Case Number 617911/2019. ( Filing fee $ 400 receipt number ANYEDC-12346400). Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Civil Cover Sheet) (Bernstein, Michael) Modified on 2/6/2020 (Flanagan, Doreen). (Entered: 02/05/2020)
DocketORDER: Given that the scope of discovery may be impacted by issues concerning ERISA all pre motion discovery is stayed for ninety days pending a pre motion conference with District Judge Hurley. A telephone conference will be held on June 18, 2020 at 2:00 p.m. at which time the Court will explore the possibility of initiating limited discovery. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. The telephone conference scheduled for March 25, 2020 is canceled. Ordered by Magistrate Judge Arlene R. Lindsay on 3/19/2020. c/ecf (Imrie, Robert) (Entered: 03/19/2020)
DocketORDER re #11 : The March 18, 2020, conference is adjourned to March 25, 2020, at 1:30 p.m. and is converted to a telephone conference. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 3/18/2020. c/ecf (Imrie, Robert) (Entered: 03/18/2020)
DocketSCHEDULING ORDER: re [8, 9, 10]: The Court waives its requirement for a pre-motion conference and sets the following briefing schedule for the proposed motion: Defendant will serve, but not file moving papers, on or before April 17, 2020; Plaintiff will serve, but not file, opposing papers on or before May 15, 2020; Defendant will serve reply papers, if any, and file all papers with the Court, including a courtesy copy for Chambers, on or before May 29, 2020. Ordered by Judge Denis R. Hurley on 3/18/2020. (Hoon, Megha) (Entered: 03/18/2020)
Docket(#12) Letter in response to Plaintiff's counsel letter, dated March 17, 2020 by United Healthcare Services, Inc. (Bernstein, Michael) (Entered: 03/17/2020)
Docket(#11) Letter MOTION to Adjourn Conference Requesting Adjournment of Initial Conference by South Nassau Orthopedic Surgery & Sports Medicine, P.C. (Kearns, Brendan) Modified on 3/18/2020 to edit to a motion (Cubano, Jazmin). (Entered: 03/17/2020)
Docket(#10) Letter Responding to Defendant's Request for Pre-motion Conference by South Nassau Orthopedic Surgery & Sports Medicine, P.C. (Kearns, Brendan) (Entered: 03/16/2020)
Docket(#9) Letter resubmitting request for a pre-motion conference to address United Healthcare Services, Inc's contemplated Rule 12(b)(6) motion by United Healthcare Services, Inc. (Bernstein, Michael) (Entered: 03/13/2020)
DocketORDER granting #7 Motion for Extension of Time to Answer. The time for United Healthcare Services, Inc. to answer, move against or otherwise respond to the Complaint is hereby extended to and including 3/13/2020. Ordered by Magistrate Judge Arlene R. Lindsay on 3/9/2020. (Jacobwitz, Beth) (Entered: 03/09/2020)
Docket(#8) Letter (i) in opposition to Plaintiff's letter #6 requesting a pre-motion conference to move for entry of default; and (ii) to request a pre-motion conference to address Untied Healthcare Services, Inc.'s contemplated Rule 12(b)(6) motion by United Healthcare Services, Inc. (Bernstein, Michael) (Entered: 03/06/2020)
DocketMotions terminated, docketed incorrectly: #6 Letter MOTION for pre motion conference for a default Judgment filed by South Nassau Orthopedic Surgery & Sports Medicine, P.C. (The document should have been filed as a "LETTER" application and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin) (Entered: 03/02/2020)
Docket(#7) First MOTION for Extension of Time to File Answer by United Healthcare Services, Inc.. (Bernstein, Michael) (Entered: 02/28/2020)
Docket(#6) Letter application for pre motion conference for a default Judgment by South Nassau Orthopedic Surgery & Sports Medicine, P.C.. (Kearns, Brendan) Modified on 3/2/2020 (Cubano, Jazmin). (Entered: 02/28/2020)
Docket(#5) NOTICE of Appearance by Brendan J Kearns on behalf of All Plaintiffs (aty to be noticed) (Kearns, Brendan) (Entered: 02/27/2020)
Docket(#4) Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 2/20/2020. (Attachments: #1 Proposed Scheduling Order) c/ecf (Imrie, Robert) (Entered: 02/20/2020)
Docket(#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. (Flanagan, Doreen) (Entered: 02/06/2020)
DocketCase Assigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay. 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. (Flanagan, Doreen) (Entered: 02/06/2020)
Docket(#2) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) (Entered: 02/06/2020)
Docket(#1) NOTICE OF REMOVAL by United Healthcare Services, Inc. from Supreme Court of the State of New York, County of Nassau, Case Number 617911/2019. ( Filing fee $ 400 receipt number ANYEDC-12346400). Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Civil Cover Sheet) (Bernstein, Michael) Modified on 2/6/2020 (Flanagan, Doreen). (Entered: 02/05/2020)
Dig Deeper
Get Deeper Insights on Court Cases