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14-6756 - Allstate Insurance Company et al v. A & F Medical P.C. et al


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14-6756 - Allstate Insurance Company et al v. A & F Medical P.C. et al
June 25, 2015
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CASE MANAGEMENT AND DISCOVERY ORDER. Ordered by Magistrate Judge Marilyn D. Go on 6/25/2015. (Attachments: # (1) Appendix, # (2) Appendix) Associated Cases: 1:14-cv-06756-JBW-MDG et al. (Proujansky, Josh)
October 26, 2015
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ENDORSED ORDER ADOPTING 201 REPORT AND RECOMMENDATION re 1:15-cv-03644- JBW-MDG. Ordered by Judge Jack B. Weinstein on 10/14/2015. Associated Cases: 1:14-cv-06756-JBW-MDG, 1:15-cv-03644-JBW-MDG (Barrett, C)
March 23, 2016
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Minute Entry and Order for proceedings held before Magistrate Judge Marilyn D. Go on 3/22/16. Appearances by J. Granat for movant; D. Marvin (by tel.) for plaintiffs. Rulings made on the record granting 194 motion to withdraw by counsel for defendants Art of Healing Medicine, P.C., Svetlana Pinkusovich, M.D. and Alexander Pinkusovich, M.D., as set forth in the attached order. The motion 199 of Drs. Alexander Pinkusovich and Svetlana Pinkusovich for a stay is granted in part, but only to April 22, 2016 to afford them an opportunity to obtain new counsel. (Tape #FTR 3:27-3:36) Associated Cases: 1:14-cv-06756-JBW-MDG, 1:15-cv-03639-JBW-MDG(Proujansky, Josh)
August 26, 2016
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ORDER denying without prejudice (307) Motion for Discovery in case 1:14-cv-06756-JBW-MDG. New counsel for the Art of Healing defendants must enter a notice of appearance by September 19, 2016. If the defendants fail to retain counsel by September 19, 2016, the Court will recommend that default judgment be entered against the corporate defendant and direct that the individual defendants proceed pro se. In addition, Mr. Pinkusovich must respond by September 14, 2016 to plaintiffs' request for sanctions. A copy of plaintiffs' application will be sent to defendants, along with this order. Ordered by Magistrate Judge Marilyn D. Go on 8/26/2016. Associated Cases: 1:14-cv-06756-JBW-MDG, 1:15-cv-03639-JBW-MDG (Proujansky, Josh)
December 6, 2016
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ORDER denying (334) Motion for Protective Order and Motion to Quash; granting (339) Motion to Compel in case 1:14-cv-06756-JBW-RLM; denying (278) Motion for Protective Order and Motion to Quash; granting (279) Motion to Compel in case 1:15-cv-03639-JBW-RLM. Counsel for both sides are directed forthwith to (a) advise Dr. Kogos of this Memorandum and Order and (b) transmit a copy of it to him via email and overnight delivery, with proof of service to be filed in the Court. The Court directs Dr. Kogos, on pain of sanctions, to appear for his deposition at 10:00 a.m. on December 9, 2016, at the offices of LH Reporting Services, Inc., One Pierrepont Plaza West, 12th Floor, Brooklyn, NY 11201, and to produce documents within his custody, possession or control that are responsive to the subpoena dated November 10, 2016. Any objections to the Memorandum and Order must be filed with the Honorable Jack B. Weinstein by December 20, 2016, or will be deemed waived. The filing of an objection, without more, will not operate as a stay of this order. See attached M&O. Ordered by Chief Mag. Judge Roanne L. Mann on 12/6/2016. Associated Cases: 1:14-cv-06756-JBW-RLM, 1:15-cv-03639-JBW-RLM (Proujansky, Josh)
December 16, 2016
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Minute Entry and Order for Motion Hearing held before Chief Mag. Judge Roanne L. Mann on 12/16/16 denying (336) Motion for Sanctions; granting (337) Motion to Compel in case 1:14-cv-06756-JBW-RLM; granting (282) Motion to Seal; denying (282) Motion for Sanctions; granting (283) Motion to Compel in case 1:15-cv-03639-JBW-RLM. The Court grants in substantial part plaintiffs' December 5th motion to compel defendants Alexander and Svetlana Pinkusovich and Art of Healing P.C. to appear for their depositions, but will not require that they cancel their prearranged travel plans. Instead, those three depositions (and possibly the conclusion of Dr. Kogos' deposition) will take place on January 4, 5, and 6, 2017 (subject to defense counsel's finding coverage for his 18(b) duty on January 5). Defendants' deposition notice(s) must be served on plaintiffs by December 20, 2016. The deposition(s) of plaintiffs will take place the week of January 9, 2017. Plaintiffs will promptly submit a proposed order specifying the times, dates and locations of the depositions of defendants. Plaintiffs' motion to seal Exhibit B to defendants' December 3rd letter reply is granted but their corresponding request for sanctions is denied. See attached for additional rulings. Associated Cases: 1:14-cv-06756-JBW-RLM, 1:15-cv-03639-JBW-RLM(Proujansky, Josh)
February 24, 2017
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Minute Entry and Order for proceedings held on 2/24/17 before Chief Mag. Judge Roanne L. Mann deferring ruling on (345) Motion for Sanctions; granting (352) Motion for Extension of Time to Complete Discovery; denying without prejudice (354) Motion to Compel; denying (372) Motion for Sanctions; denying (373) Motion to Compel; granting (376) Motion to Compel; granting (377) Motion to Compel; deferring ruling on (381) Motion for Contempt; denying without prejudice (383) Motion to Compel in case 1:14-cv-06756-JBW-RLM. The Court hears argument on and resolves various discovery motions. The Court grants the parties' joint request to extend discovery until March 31, 2017, for the purpose of completing discovery that is ongoing. By February 28, 2017, the parties shall file a joint proposed schedule for expert discovery, which, in accordance with Judge Weinstein's Order of 2/21/17, must be completed by August 15, 2017. See attached for further rulings. Associated Cases: 1:14-cv-06756-JBW-RLM, 1:15-cv-03639-JBW-RLM(Proujansky, Josh) Modified on 3/1/2017 (Pauley, Anders).
May 5, 2017
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ORDER: the Court received on May 3, 2017, an "Amended Answer and Affirmative Defense by Defendants Art of Healing Medicine, P.C.," sent by mail on May 1, 2017, on behalf of the AOH defendants. Since it appears that counsel for plaintiffs has not had an opportunity to review and object to the proposed pleading, plaintiffs' time to advise the Court and the AOH defendants as to whether they object to the proposed amended answer is extended to May 9, 2017. In the absence of an objection, the time for the AOH defendants to file their amended answers is extended to May 11, 2017. The Court will not docket the AOH defendants' proposed Amended Answer at this time since it was improperly sent to the Court before expiration of plaintiffs deadline to object. See attached for further discussion. Ordered by Chief Mag. Judge Roanne L. Mann on 5/5/2017. Associated Cases: 1:14-cv-06756-JBW-RLM, 1:15-cv-03639-JBW-RLM (Proujansky, Josh)
May 19, 2017
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MEMORANDUM AND ORDER in case 1:14-cv-06756-JBW-RLM; granting in part and denying in part (433/376) Motion for Sanctions; denying (439/382) Motion to Strike in case 1:15-cv-03639-JBW-RLM. The Clerk of Court is respectfully requested to docket as their new operative pleading the proposed amended answer attached to the Pinkusoviches' May 10, 2017 letter (435/378). AOH's operative answer (296) is deemed amended to include the affirmative defense of ratification as pled by the Pinkusoviches in paragraph 32 of their proposed amended answer (435/378). The parties' cross-motions for an award of attorneys' fees are denied. Ordered by Chief Mag. Judge Roanne L. Mann on 5/19/2017. (Attachments: # (1) Appendix Proposed Amended Answer) Associated Cases: 1:14-cv-06756-JBW-RLM, 1:15-cv-03639-JBW-RLM (Proujansky, Josh)
May 30, 2017
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MEMORANDUM AND ORDER denying (331) Motion to Disqualify Counsel. See attached for discussion. Ordered by Chief Mag. Judge Roanne L. Mann on 5/30/2017. Associated Cases: 1:14-cv-06756-JBW-RLM, 1:15-cv-03639-JBW-RLM (Proujansky, Josh)
June 5, 2017
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1:14-cv-06756-JBW-RLM, 1:15-cv-03639-JBW-RLM (Proujansky, Josh)MEMORANDUM AND ORDER denying (453 in 14-cv-6756; 398 in 15-cv-3639) Second MOTION to Compel filed by Alexander Pinkusovich, Svetlana Pinkusovich. See attached M&O. Ordered by Chief Mag. Judge Roanne L. Mann on 6/5/2017. Associated Cases: