Allstate Insurance Company et al v Strac Medical LLC et al
| New York Eastern District Court | |
| Judge: | Diane Gujarati |
| Referred: | Marcia M Henry |
| Case #: | 1:21-cv-03539 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1961 Racketeering (RICO) Act |
| Case Filed: | Jun 23, 2021 |
| Terminated: | Mar 02, 2022 |
| Last checked: Monday Dec 20, 2021 3:26 AM EST |
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Defendant
ABC Corporations 1 through 5
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Defendant
Thomas Cuomo
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Represented By
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Defendant
Roy DeVries
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Represented By
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Defendant
John Does 1 Through 5
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Defendant
Strac Medical LLC
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Represented By
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Plaintiff
Allstate Fire and Casualty Insurance Company
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Represented By
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Plaintiff
Allstate Insurance Company
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Represented By
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Plaintiff
Allstate Property And Casualty Insurance Company
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Represented By
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GPO
Jun 23 2021
ORDER directing The Clerk is requested to (a) terminate all defendants in this action except Quality Med Equip Inc., Anzhelika Dzhurayeva, John Does 1 through 5, and ABC Corporations 1 through 5; (b) open separate index numbers for each of the group of plaintiffs and defendants listed as Groups 2 through 26 in the Group A Schedule annexed to plaintiffs' response (the new cases) ; (c) file this Order as the initial filing in each of the new cases; and (d) have each new case randomly assigned to a District Judge and Magistrate Judge. Ordered by Judge Brian M. Cogan on 6/22/2021. (Attachments: # (1) Schedeule A) (Marziliano, August) |
| Docket last updated: 13 minutes ago |
| Wednesday, March 02, 2022 | ||
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order
Order Dismissing Case
Wed 03/02 10:48 PM
ORDER DISMISSING CASE -- As stipulated and agreed by and between Plaintiffs and Defendants Roy DeVries, Thomas Cuomo, and Strac Medical LLC in the19 Stipulation of Dismissal filed on March 1, 2022, all claims in this action as against Defendants Roy DeVries, Thomas Cuomo, and Strac Medical LLC are dismissed, with prejudice, and with Plaintiffs and Defendants to pay their own costs and attorneys' fees. As Roy DeVries, Thomas Cuomo, and Strac Medical LLC are the only remaining appearing defendants and in light of Plaintiff's18 Notice of Voluntary Dismissal, the Clerk of Court is respectfully directed to close the case. Ordered by Judge Diane Gujarati on 3/2/2022. (Almonte, Kelly) |
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| Tuesday, March 01, 2022 | ||
| 19 | 19
misc
Stipulation of Dismissal
Tue 03/01 3:18 PM
STIPULATION of Dismissal by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company (Pinzow, Lee) |
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| Monday, February 28, 2022 | ||
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order
Order(Other)
Mon 02/28 6:03 PM
ORDER -- By Order Dated February 17, 2022, the parties were directed to submit a revised stipulation of dismissal by February 24, 2022. The parties have failed to do so. The parties' deadline to comply is extended to March 4, 2022. Ordered by Judge Diane Gujarati on 2/28/2022. (Almonte, Kelly) |
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| Thursday, February 17, 2022 | ||
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order
Order Dismissing Parties
Thu 02/17 6:22 PM
ORDER DISMISSING PARTIES -- As per18 NOTICE of Voluntary Dismissal by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company as to Defendants John Does 1 through 5 and ABC Corporations 1 through 5, this action is hereby dismissed without prejudice against Defendants John Does 1 through 5 and ABC Corporations 1 through 5. Ordered by Judge Diane Gujarati on 2/17/2022. (Almonte, Kelly) |
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order
Order(Other)
Thu 02/17 6:23 PM
ORDER re:17 Stipulation of Dismissal -- The Court declines to retain jurisdiction over disputes relating to the enforcement of the settlement agreement entered into by Plaintiffs and Defendants. Accordingly, the parties are directed to submit a revised stipulation of dismissal by February 24, 2022 . Ordered by Judge Diane Gujarati on 2/17/2022. (Almonte, Kelly) |
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| Wednesday, February 16, 2022 | ||
| 18 | 18
notice
Notice of Voluntary Dismissal
Wed 02/16 7:25 PM
NOTICE of Voluntary Dismissal by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company as to Defendants John Does 1 through 5 and ABC Corporations 1 through 5 (Pinzow, Lee) |
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| 17 | 17
misc
Stipulation of Dismissal
Wed 02/16 7:24 PM
STIPULATION of Dismissal and Proposed Order of Dismissal as to Defendants Roy DeVries, Thomas Cuomo and Strac Medical LLC by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company (Pinzow, Lee) |
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| 16 | 16
misc
Status Report
Wed 02/16 5:25 PM
STATUS REPORT Regarding Settlement by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company (Pinzow, Lee) |
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order
~Util - Add and Terminate Attorneys
Wed 02/16 11:10 AM
ORDER re:15 : The stipulation is so-ordered. Attorney Keith Roberts, Esq. of the law firm Brach Eichler, LLC is substituted as counsel for Defendants, STRAC Medical, LLC, Thomas Cuomo, and Roy DeVries. Attorney Robert Solomon, Esq. of Callagy Law, P.C.is terminated from the docket. So Ordered by Magistrate Judge Marcia M. Henry on 02/16/2022. (Gans, Courtney) |
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order
Order to Show Cause
Wed 02/16 11:11 AM
ORDER TO SHOW CAUSE: On 11/30/2021, the Court directed Defendants to file a letter indicating whether Defendants intend to answer the Complaint, and if so, explaining why, under the standards set forth in Enron Oil Corp. v. Diakuhara , 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Defendants filed a letter on 12/07/2021 at14 . Because the letter failed to adequately address the necessary Enron factors, the Court ordered Defendants to supplement their letter. ( See 12/13/2021 Order.) To date, Defendants have not supplemented their Enron analysis, nor have they answered or otherwise responded to the Complaint. Accordingly, Defendants shall file a letter by 02/22/2022 showing cause for their failure to abide by the Court's directives and to answer or otherwise respond to the Complaint. So Ordered by Magistrate Judge Marcia M. Henry on 02/16/2022. (Gans, Courtney) |
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| Monday, December 13, 2021 | ||
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order
Order(Other)
Mon 12/13 2:39 PM
ORDER: The Court is in receipt of Defendants Response to Order to Show Cause at14 . The Court requests further briefing (not to exceed three pages) with a more fulsome analysis of the factors addressed by Enron Oil Corp. v. Diakuhara , 10 F.3d 90, 96 (2d Cir. 1993) ("[W]e have established three criteria that must be assessed in order to decide whether to relieve a party from default or from a default judgment. These widely accepted factors are: (1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented... Other relevant equitable factors may also be considered, for instance, whether the failure to follow a rule of procedure was a mistake made in good faith and whether the entry of default would bring about a harsh or unfair result.") Defendants shall file this letter by 12/20/2021 . So Ordered by Magistrate Judge Marcia M. Henry on 12/13/2021. (Gans, Courtney) |
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| Tuesday, December 07, 2021 | ||
| 15 | 15
notice
Notice of Consent to Change Attorney
Tue 12/07 5:08 PM
NOTICE of Consent to Change Attorney by Keith J. Roberts as counsel to STRAC Medical, LLC, Thomas Cuomo and Roy DeVries (Roberts, Keith) |
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| 14 | 14
misc
Response to Order to Show Cause
Tue 12/07 12:28 PM
RESPONSE TO ORDER TO SHOW CAUSE by Strac Medical LLC (Solomon, Robert) |
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| Thursday, December 02, 2021 | ||
| 13 | 13
notice
Notice of Appearance
Thu 12/02 12:47 PM
NOTICE of Appearance by Keith J. Roberts on behalf of Thomas Cuomo, Roy DeVries, Strac Medical LLC (aty to be noticed) (Roberts, Keith) |
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| Tuesday, November 30, 2021 | ||
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order
Order(Other)
Tue 11/30 12:30 PM
ORDER TO SHOW CAUSE: On 10/06/2021, Defendants requested an extension of the deadline to answer or otherwise respond to the Complaint until 11/08/2021 because the parties were engaging in productive settlement discussions. See ECF No.12 . The Court granted this motion on 10/07/2021. See 10/07/2021 Order. To date, Defendants have not answered or otherwise responded to the Complaint. Accordingly, Defendants shall file a letter (not to exceed three pages) by 12/07/2021 indicating whether Defendants intend to answer the Complaint, and if so, explaining why, under the standards set forth in Enron Oil Corp. v. Diakuhara , 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC , 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Marcia M. Henry on 11/30/2021. (Gans, Courtney) |
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| Thursday, October 07, 2021 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 10/07 11:13 AM
ORDER: granting12 Motion for Extension of Time to Answer. Defendant STRAC Medical LLC has until 11/08/2021 to answer or otherwise respond to the Complaint. So Ordered by Magistrate Judge Marcia M. Henry on 10/07/2021. (Gans, Courtney) |
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| Wednesday, October 06, 2021 | ||
| 12 | 12
motion
Extension of Time to File Answer
Wed 10/06 2:50 PM
Letter MOTION for Extension of Time to File Answer re2 Complaint, by Strac Medical LLC. (Solomon, Robert) |
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| 11 | 11
notice
Notice of Appearance
Wed 10/06 2:46 PM
NOTICE of Appearance by Robert J. Solomon on behalf of Strac Medical LLC (aty to be noticed) (Solomon, Robert) |
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| Friday, August 27, 2021 | ||
| 10 | 10
service
Summons Returned Executed
Fri 08/27 5:08 PM
SUMMONS Returned Executed by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. Thomas Cuomo served on 8/2/2021, answer due 10/8/2021. (Pinzow, Lee) |
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| 9 | 9
service
Summons Returned Executed
Fri 08/27 5:07 PM
SUMMONS Returned Executed by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. Roy DeVries served on 8/4/2021, answer due 10/8/2021. (Pinzow, Lee) |
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| 8 | 8
service
Summons Returned Executed
Fri 08/27 5:04 PM
SUMMONS Returned Executed by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. Strac Medical LLC served on 8/4/2021, answer due 10/8/2021. (Pinzow, Lee) |
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| Friday, August 13, 2021 | ||
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order
Order on Motion for Extension of Time to Answer
Fri 08/13 9:41 AM
ORDER granting7 Motion for Extension of Time to Answer. Defendants have until 10/08/2021 to answer the Complaint. So Ordered by Magistrate Judge Marcia M. Henry on 08/13/2021. (Gans, Courtney) |
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| Thursday, August 12, 2021 | ||
| 7 | 7
motion
Extension of Time to File Answer
Thu 08/12 5:55 PM
Joint MOTION for Extension of Time to File Answer re2 Complaint, by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. (McKenney, James) |
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| Wednesday, July 14, 2021 | ||
| 6 | 6
misc
Quality Control Check - Attorney Case Opening
Wed 07/14 3:30 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 5 | 5
misc
Clerks Notice of Rule 73
Wed 07/14 3:29 PM
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:[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. (Bowens, Priscilla) |
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| 4 | 4
service
Summons Issued
Wed 07/14 3:27 PM
Summons Issued as to Thomas Cuomo, Roy DeVries, Strac Medical LLC. (Bowens, Priscilla) |
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| Tuesday, July 13, 2021 | ||
| 3 | 3
discov
Disclosure of Interested Parties
Wed 07/14 3:24 PM
DISCLOSURE of Interested Parties by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company, Allstate Indemnity Company. (Bowens, Priscilla) Modified on 7/14/2021 (Bowens, Priscilla) |
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| 2 | 2
cmp
Complaint
Wed 07/14 3:22 PM
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company, Allstate Indemnity Company. (Bowens, Priscilla) Modified on 7/14/2021 (Bowens, Priscilla) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Appendix,
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Att: 3
Compendium of Exhibits,
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Att: 4
Proposed Summons
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misc
Filing Fee Received
Wed 07/14 3:25 PM
FILING FEE: $ 402.00, receipt number ANYEDC-14652718 (Bowens, Priscilla) Modified on 7/14/2021 (Bowens, Priscilla) |
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| Wednesday, June 23, 2021 | ||
| 1 | 1
order
Order(Other)
Wed 06/23 9:06 AM
ORDER directing The Clerk is requested to (a) terminate all defendants in this action except Quality Med Equip Inc., Anzhelika Dzhurayeva, John Does 1 through 5, and ABC Corporations 1 through 5; (b) open separate index numbers for each of the group of plaintiffs and defendants listed as Groups 2 through 26 in the Group A Schedule annexed to plaintiffs' response (the new cases) ; (c) file this Order as the initial filing in each of the new cases; and (d) have each new case randomly assigned to a District Judge and Magistrate Judge. Ordered by Judge Brian M. Cogan on 6/22/2021. (Marziliano, August) |
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Att: 1
Schedeule A
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