Elite HC Group LLC v. Apollo Healthcare Consulting & Management, LLC et al (7:21-cv-10672), New York Southern District Court

Elite HC Group LLC v. Apollo Healthcare Consulting & Management, LLC et al

New York Southern District Court
Judge:	Vincent L Briccetti
Case #:	7:21-cv-10672
Nature of Suit	190 Contract - Other Contract
Cause	28:1332bc Diversity-Breach of Contract

Case Filed:

Dec 14, 2021

Docket
Parties (4)

Last checked: Sunday Jun 12, 2022 4:36 AM EDT

Defendant Apollo Healthcare Consulting & Management, LLC 7834 Candle Lane Houston, TX 78645	Represented By Jacob Schindelheim K&l Gates (dc) contact info
Plaintiff Elite HC Group LLC 1 Hillcrest Center Suite 210 Spring Valley, NY 10977	Represented By Brian K Condon Condon Paxos PLLC contact info
TERMINATED PARTIES
Defendant David Efroymson Terminated: 12/22/2021	Represented By Jacob Schindelheim K&l Gates (dc) contact info
Defendant Zachary Lapin Terminated: 12/22/2021 7834 Candle Lane Houston, TX 78645	Represented By Jacob Schindelheim K&l Gates (dc) contact info

Docket last updated: 06/14/2024 11:59 PM EDT

Tuesday, August 30, 2022
48		48 notice Notice of Voluntary Dismissal Tue 08/30 3:07 PM NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Apollo Healthcare Consulting & Management, LLC, David Efroymson, Zachary Lapin. Document filed by Elite HC Group LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Twersky, Aaron) Related: [-]
Tuesday, August 23, 2022
47		47 1 pgs order Order ~Util - Set Deadlines Tue 08/23 1:45 PM ORDER: Accordingly, by August 30, 2022, plaintiff shall either file a response to defendant's motion or advise the Court that the case has been settled. If the case has not been settled, and plaintiff does not file a response to the motion, then, consistent with its August 22 letter, plaintiff shall file a notice of voluntary dismissal without prejudice pursuant to Fed. R. Civ. P. 41(a)(1). To be clear, merely informing the Court that a settlement has not been reached will be insufficient to comply with this Order. SO ORDERED. Related [+] (Signed by Judge Vincent L. Briccetti on 8/23/2022) (mml) Related: [-] sponses due by 8/30/2022
Monday, August 22, 2022
46		46 misc Letter Mon 08/22 7:18 PM LETTER addressed to Judge Vincent L. Briccetti from Aaron Twersky dated 08/22/2022 re: Update to Court. Document filed by Elite HC Group LLC..(Twersky, Aaron) Related: [-]
Friday, August 19, 2022
		order Order Fri 08/19 10:29 AM ORDER: On 4/29/2022, defendant moved to dismiss the complaint. (Doc. #32). On 7/15/2022, the Court granted plaintiff's request for a third extension of its deadline to oppose the motion. (Doc. #44). Therefore, plaintiff's deadline to oppose the motion was 8/17/2022. To date, plaintiff has not filed any opposition to defendant's motion. Accordingly, the Court sua sponte extends to 8/22/2022 plaintiff's deadline to file an opposition to defendant's motion. Defendant shall file a reply, if any, by 9/12/2022 . If a settlement has been reached, the parties shall so advise the Court by 8/22/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb) Related: [-]
Friday, July 15, 2022
43		43 motion Extension of Time Fri 07/15 10:58 AM JOINT LETTER MOTION for Extension of Time of Briefing Schedule addressed to Judge Vincent L. Briccetti from Aaron Twersky dated July 15, 2022. Document filed by Elite HC Group LLC..(Twersky, Aaron) Related: [-]
		order Order on Motion for Extension of Time Fri 07/15 11:59 AM ORDER granting43 Letter Motion for Extension of Time: Plaintiff shall file its opposition by 8/17/2022, and defendant shall file its reply by 9/7/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb) Related: [-]
Thursday, July 14, 2022
42		42 misc Transcript Thu 07/14 11:38 AM TRANSCRIPT of Proceedings re: Motion hearing held on 1/5/2022 before Judge Vincent L. Briccetti. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/4/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/12/2022..(Ginsberg, Darby) Related: [-]
41		41 misc Notice of Filing Transcript Thu 07/14 11:37 AM NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Order to show cause proceeding held on 01/05/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Ginsberg, Darby) Related: [-]
Friday, June 17, 2022
40		40 2 pgs order Order ~Util - Add and Terminate Attorneys Fri 06/17 3:27 PM ORDER FOR SUBSTITUTION OF COUNSEL:NOTICE IS HEREBY GIVEN that, subject to approval by the Court, Plaintiff Elite HC Group LLC ("Plaintiff") substitutes Aaron Twersky, Esq. as counsel of record in place of Brian K. Condon, Esq. Contact information for new counsel is as follows: As further set forth by this Order. SO ORDERED. Attorney Brian K Condon terminated. (Signed by Judge Vincent L. Briccetti on 6/17/2022) (tg) Related: [-]
		order Order on Motion for Extension of Time Fri 06/17 12:05 PM ORDER granting38 Letter Motion for Extension of Time: Plaintiff shall file its opposition by 7/18/2022, and defendant shall file its reply by 8/8/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb) Related: [-]
Thursday, June 16, 2022
38		38 motion Extension of Time Thu 06/16 7:37 PM LETTER MOTION for Extension of Time to File Opposition to Motion to Dismiss addressed to Judge Vincent L. Briccetti from Aaron Twersky dated June 16, 2022. Document filed by Elite HC Group LLC..(Twersky, Aaron) Related: [-]
37		37 notice Notice of Substitution of Attorney Thu 06/16 7:31 PM NOTICE of Substitution of Attorney. Old Attorney: Brian K. Condon, New Attorney: Aaron Twersky, Address: Twersky PLLC, 747 Third Avenue, 32nd Floor, New York, New York, USA 10017, 212-425-0149. Document filed by Elite HC Group LLC..(Twersky, Aaron) Related: [-]
Friday, June 03, 2022
35		35 motion Extension of Time Fri 06/03 2:42 PM SECOND LETTER MOTION for Extension of Time to oppose the instant Motion to Dismiss addressed to Judge Vincent L. Briccetti from Brian K. Condon dated June 3, 2022. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
		order Order on Motion for Extension of Time Fri 06/03 3:14 PM ORDER granting35 Letter Motion for Extension of Time: Plaintiff shall file its opposition by 6/17/2022, and defendant shall file its reply by 6/24/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb) Related: [-]
Wednesday, May 11, 2022
33		33 motion Extension of Time Wed 05/11 9:50 AM FIRST LETTER MOTION for Extension of Time to oppose the instant Motion to Dismiss addressed to Judge Vincent L. Briccetti from Brian K. Condon dated May 11, 2022. Document filed by Elite HC Group LLC. Return Date set for 6/3/2022 at 05:00 PM..(Condon, Brian) Related: [-]
		order Order on Motion for Extension of Time Wed 05/11 10:32 AM ORDER granting33 Letter Motion for Extension of Time: Plaintiff shall file its opposition by 6/3/2022, and defendant shall file its reply by 6/10/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb) Related: [-]
Friday, April 29, 2022
32		32 motion Dismiss/Lack of Jurisdiction Fri 04/29 6:49 PM FIRST MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaint . Document filed by Apollo Healthcare Consulting & Management, LLC..(Schindelheim, Jacob) Related: [-]
		Att: 1 Declaration of David Efroymson,
		Att: 2 Declaration of Jacob J. Schindelheim,
		Att: 3 Driver's License,
		Att: 4 Insurance Identification Card,
		Att: 5 Synagogue correspondence,
		Att: 6 Memorandum of Law
Friday, April 08, 2022
30		30 misc Letter Fri 04/08 5:19 PM THIRD LETTER addressed to Judge Vincent L. Briccetti from Jacob J. Schindelheim dated April 8, 2022 re: Extension of Time. Document filed by Apollo Healthcare Consulting & Management, LLC..(Schindelheim, Jacob) Related: [-]
		order Order Fri 04/08 5:32 PM ORDER granting30 Letter filed by Apollo Healthcare Consulting & Management, LLC: By 4/29/2022, defendant shall answer, move, or otherwise respond to the complaint. Counsel are advised the Court is unlikely to grant further extensions. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb) Related: [-]
Monday, March 28, 2022
		order Order Mon 03/28 9:25 AM ORDER granting28 Letter filed by Apollo Healthcare Consulting & Management, LLC: By 4/8/2022, defendant shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb) Related: [-]
Friday, March 25, 2022
28		28 misc Letter Fri 03/25 6:00 PM THIRD LETTER addressed to Judge Vincent L. Briccetti from Jacob J. Schindelheim dated March 25, 2022 re: Extension of Time. Document filed by Apollo Healthcare Consulting & Management, LLC..(Schindelheim, Jacob) Related: [-]
Thursday, March 17, 2022
		order Order Thu 03/17 10:55 AM ORDER granting26 Letter filed by Apollo Healthcare Consulting & Management, LLC: By 3/25/2022, defendant shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb) Related: [-]
Wednesday, March 16, 2022
26		26 misc Letter Wed 03/16 5:46 PM SECOND LETTER addressed to Judge Vincent L. Briccetti from Jacob J. Schindelheim dated March 16, 2022 re: Extension of Time. Document filed by Apollo Healthcare Consulting & Management, LLC..(Schindelheim, Jacob) Related: [-]
Tuesday, February 15, 2022
25		25 order Memo Endorsement ~Util - Set Deadlines Tue 02/15 4:13 PM MEMO ENDORSEMENT on re:24 Letter filed by Apollo Healthcare Consulting & Management, LLC. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: Time to answer, move or respond to the complaint extended to 3/16/2022. Apollo Healthcare Consulting & Management, LLC answer due 3/16/2022. (Signed by Judge Vincent L. Briccetti on 2/15/2022) (mml) Related: [-]
24		24 misc Letter Tue 02/15 10:37 AM FIRST LETTER addressed to Judge Vincent L. Briccetti from Jacob J. Schindelheim dated February 15, 2022 re: Extension. Document filed by Apollo Healthcare Consulting & Management, LLC..(Schindelheim, Jacob) Related: [-]
Friday, February 04, 2022
23		23 service Affidavit of Service Other Fri 02/04 11:43 AM AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint, Civil Cover Sheet served on Office of the Sec. of State, Austin Texas on January 24, 2022. Service was made by Mail. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
Tuesday, January 25, 2022
22		22 service Affidavit of Service Other Tue 01/25 12:45 PM AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint, Civil Cover Sheet served on Apollo Healthcare Consultant and Management LLC c/o Registered Agent Zachary Lapin on January 24, 2022. Service was accepted by Zachary Lapin. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
Thursday, January 06, 2022
21		21 1 pgs order Order on Motion to Show Cause Thu 01/06 11:49 AM ORDER denying without prejudice16 Motion for Order to Show Cause. For the reasons stated on the record at a telephone conference held today and attended by counsel for both parties, as well as by the principals for each party, it is HEREBY ORDERED that plaintiff having withdrawn the motion seeking a temporary restraining order and preliminary injunction, that motion is DENIED WITHOUT PREJUDICE. The Clerk shall terminate the motion. (Doc. # 16). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/5/2022) (mml) Related: [-]
Wednesday, January 05, 2022
20		20 1 pgs order Order on Motion to Show Cause Wed 01/05 11:29 AM ORDER with respect to16 Motion for Order to Show Cause. By motion dated January 5, 2022, plaintiff seeks a temporary restraining order and preliminary injunction to enjoin the sale of a property scheduled to close tomorrow, January 6, 2022. (Doc. #16). Accordingly, it is HEREBY ORDERED that counsel for all parties shall appear for a telephone conference TODAY AT 3:00 P.M. At the time of the scheduled conference, the parties shall appear by using the following dial-in information: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/5/2022) Copies Mailed By Chambers. (tg) Related: [-]
19		19 10 pgs respm Memorandum of Law in Support of Motion Wed 01/05 10:07 AM FIRST MEMORANDUM OF LAW in Support re:16 FIRST MOTION for Order to Show Cause . for Preliminary Injunction and Temporary Restraining Order . Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
18		18 respm Declaration in Support of Motion Wed 01/05 10:04 AM DECLARATION of Brian K. Condon, Esq. in Support re:16 FIRST MOTION for Order to Show Cause .. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
		Att: 1 Exhibit Exhibit A - Email String,
		Att: 2 Exhibit Exhibit B - Purchase Agreement,
		Att: 3 Exhibit Exhibit C - Amendment to Purchase Agreement,
		Att: 4 Exhibit Exhibit D - Letter Agreement,
		Att: 5 Exhibit Exhibit E - Mgmt Agreement,
		Att: 6 Exhibit Exhibit F - Email String,
		Att: 7 Exhibit Exhibit G - April Wire,
		Att: 8 Exhibit Exhibit H - June 7 EMail,
		Att: 9 Exhibit Exhibit I - June Wire,
		Att: 10 Exhibit Exhibit J - Email with Defense Counsel,
		Att: 11 Exhibit Exhibit K - Proposed Order
17		17 respm Affidavit in Support of Motion Wed 01/05 9:57 AM AFFIDAVIT of Hershel Bodansky in Support re:16 FIRST MOTION for Order to Show Cause .. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
16		16 motion Show Cause Wed 01/05 9:53 AM FIRST MOTION for Order to Show Cause . Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
		utility Set/Reset Hearings Wed 01/05 11:31 AM Set/Reset Hearings: Telephone Conference set for 1/5/2022 at 03:00 PM before Judge Vincent L. Briccetti. (tg) Related: [-]
		minutes Show Cause Hearing Wed 01/05 4:22 PM Minute Entry for proceedings held before Judge Vincent L. Briccetti: Show Cause Hearing held by phone on 1/5/2022. (Court Reporter Darby Ginsberg)For the reasons stated on the record, the application is withdrawn by the plaintiff, and the Court therefore denies the motion without prejudice. (dh) Related: [-]
Monday, December 27, 2021
14		14 misc Letter Mon 12/27 1:32 PM LETTER addressed to Judge Vincent L. Briccetti from Brian K. Condon dated December 27, 2021 re: Elite HC Group LLC v. Apollo Healthcare Consulting & Management LLC. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
Wednesday, December 22, 2021
12		12 misc Letter Wed 12/22 3:23 PM FIRST LETTER addressed to Judge Vincent L. Briccetti from Brian K. Condon, Esq. dated December 22, 2021 re: Per the Courts Order dated December 15, 2021. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
		Att: 1 Exhibit Exhibit A - Copy of Dept of State Entity Information,
		Att: 2 Exhibit Exhibit B - Copy of Opencorporates database search,
		Att: 3 Exhibit Exhibit C - Snapshot of Mr. Lapin's LinkedIn page,
		Att: 4 Exhibit Exhibit D - Snapshot of Mr. David Efroymson's LinkedIn page
		order Order Wed 12/22 7:31 PM ORDER re12 : Plaintiff's counsel has again failed to identify any individual or entity member of his client, Elite HC Group LLC, as is required for the Court to determine if it has subject matter jurisdiction. ( See Doc. #11). By no later than 12/29/2021 , plaintiff's counsel shall submit a letter complying with the Court's 12/15/2021 Order (Doc. #11) with respect to plaintiff Elite HC Group LLC. Separately, the Court construes plaintiff's request to "discontinue the action against Mr. Efroymson and Mr. Lapin individually, without prejudice" (Doc. #12) as a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, the Clerk is instructed to terminate Zachary Lapin and David Efroymson as defendants. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp) Related: [-]
Wednesday, December 15, 2021
11		11 2 pgs order Order Wed 12/15 5:15 PM ORDER: Moreover, plaintiff alleges defendant Zachary Lapin resides in Houston, Texas, and defendant David efroymson resides in resides in Queens, New York. The Court notes that Civil Case Cover Sheet, however, states Efroymson's address is in Inwood, New York. Accordingly, by December 22, 2021, plaintiff's counsel shall submit a letter explaining in detail the citizenship of each party, so that the Court can determine whether it has subject matter jurisdiction. (Signed by Judge Vincent L. Briccetti on 12/15/2021) (ate) Related: [-]
10		10 service Summons Issued Wed 12/15 1:52 PM ELECTRONIC SUMMONS ISSUED as to Zachary Lapin. (vf) Related: [-]
9		9 service Summons Issued Wed 12/15 1:51 PM ELECTRONIC SUMMONS ISSUED as to David Efroymson. (vf) Related: [-]
8		8 service Summons Issued Wed 12/15 1:50 PM ELECTRONIC SUMMONS ISSUED as to Apollo Healthcare Consulting & Management, LLC. (vf) Related: [-]
7		7 misc Civil Cover Sheet Wed 12/15 1:07 PM CIVIL COVER SHEET filed..(Condon, Brian) Related: [-]
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Wed 12/15 10:02 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brian K Condon to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Courthouse Assignment Section of form not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.(vf) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 12/15 1:42 PM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian K Condon. The following case opening statistical information was erroneously selected/entered: Office code Foley Square. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Wed 12/15 1:43 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) Related: [-]
		utility Case Designation Wed 12/15 1:44 PM Magistrate Judge Andrew E. Krause is so designated. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) Related: [-]
		utility Case Designated ECF Wed 12/15 1:44 PM Case Designated ECF. (vf) Related: [-]
Tuesday, December 14, 2021
6		6 REQUEST FOR ISSUANCE OF SUMMONS as to Zachary Lapin, re:1 Complaint. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
5		5 REQUEST FOR ISSUANCE OF SUMMONS as to David Efroymson, re:1 Complaint. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
4		4 REQUEST FOR ISSUANCE OF SUMMONS as to Apollo Healthcare Consulting & Management, LLC, re:1 Complaint. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
3		3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]
2		2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Condon, Brian) Modified on 12/15/2021 (vf). Related: [-]
1		1 COMPLAINT against Apollo Healthcare Consulting & Management, LLC, David Efroymson, Zachary Lapin. (Filing Fee $ 402.00, Receipt Number ANYSDC-25465517)Document filed by Elite HC Group LLC..(Condon, Brian) Related: [-]

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