Karkare, M.D. v. Oxford Health Insurance, Inc.
| New York Eastern District Court | |
| Judge: | Nusrat Jahan Choudhury |
| Referred: | Arlene R Lindsay |
| Case #: | 2:22-cv-05090 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
| Case Filed: | Aug 26, 2022 |
| Terminated: | Mar 08, 2024 |
| Last checked: Wednesday Feb 22, 2023 4:32 AM EST |
|
Defendant
Oxford Health Insurance, Inc.
|
Represented By
|
|
Plaintiff
Nakul Karkare, M.D.
|
Represented By
|
| Docket last updated: 12 hours ago |
| Friday, March 08, 2024 | ||
|
order
Order Dismissing Case
Fri 03/08 10:17 AM
ORDER This case is administratively closed. Plaintiff may reopen this case by filing a letter with the Court within 21 days of the Second Circuit's decision in Nakul Karkare, M.D., Attorney in Fact on Behalf of Patient JN v. International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers Local 580 , Case No. 22-2874 Ordered by Judge Nusrat J. Choudhury on 3/8/2024. (DE) |
||
|
utility
Incomplete ACO Case Termination/Statistical/Non Reportable Closing
Mon 03/11 10:05 AM
Incomplete ACO Case Termination/Statistical/Non Reportable Closing Pursuant to 3/8/2024 Order. (AMF) |
||
| Wednesday, October 25, 2023 | ||
|
utility
Case Assigned/Reassigned
Wed 10/25 3:39 PM
Case Reassigned to Judge Nusrat Jahan Choudhury. Judge Dora Lizette Irizarry no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) |
||
| Friday, June 16, 2023 | ||
|
order
Order on Motion to Withdraw as Attorney
Fri 06/16 1:11 PM
ORDER re11 : The Motion of Robert J. Axelrod to Withdraw as Attorney is denied with leave to renew. A review of the Court's docket shows Mr. Axelrod as the only counsel of record for the plaintiff. A renewed motion may be submitted following the filing of a notice of appearance by the firm on plaintiff's behalf.Ordered by Magistrate Judge Arlene R. Lindsay on 6/16/2023. c/ecf (RI) |
||
| Thursday, June 15, 2023 | ||
| 11 | 11
notice
Notice(Other)
Thu 06/15 1:05 PM
NOTICE by Nakul Karkare, M.D. of Withdrawal of Counsel (Axelrod, Robert) |
|
| Friday, April 14, 2023 | ||
|
order
Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim
Fri 04/14 6:28 PM
ORDER terminating without prejudice8 Motion to Dismiss for Lack of Jurisdiction; terminating without prejudice8 Motion to Dismiss for Failure to State a Claim and STAYING CASE -- The Court takes judicial notice of Plaintiff's pending appeal before the Second Circuit in a nearly identical case, Nakul Karkare, M.D., Attorney in Fact on Behalf of Patient JN v. International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers Local 580 Case No. 22-2874 [E.D.N.Y. Dkt. No. 2:22-cv-05988(GRB)(AYS)]. The Second Circuit has scheduled oral arguments in the Iron Workers case for June 9, 2023. The Court will await the Second Circuit's decision in the Iron Workers case before ruling on the pending Motion to Dismiss as it likely will be determinative here, particularly as it relates to the issue of Plaintiff's standing to sue. Accordingly, Defendant's motion to dismiss is terminated without prejudice to its being reinstated once the Second Circuit has ruled on the Iron Workers case and all proceedings in this action are STAYED until this Court resolves the motion to dismiss. Plaintiff is directed to notify the Court of the Second Circuit's decision in the Iron Workers case within 21 days of it being handed down. SO ORDERED by Judge Dora Lizette Irizarry on 4/14/2023. (Irizarry, Dora) |
||
| Monday, December 05, 2022 | ||
| 10 | 10
respoth
Reply in Support
Mon 12/05 5:57 PM
REPLY in Support re8 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim ,9 Memorandum in Opposition filed by Oxford Health Insurance, Inc.. (Seaman, Brian) |
|
|
Att: 1
Certificate of Service,
|
||
|
Att: 2
Exhibit A
|
||
| Monday, November 28, 2022 | ||
| 9 | 9
19
pgs
respoth
Memorandum in Opposition
Mon 11/28 11:49 AM
MEMORANDUM in Opposition to Motion to Dismiss filed by Nakul Karkare, M.D.. (Axelrod, Robert) |
|
| Thursday, November 17, 2022 | ||
|
order
Order(Other)
Thu 11/17 4:53 PM
ORDER -- On November 11, 2022, Defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12 and subsequently provided to the Court what purports to be a courtesy copy, but which in fact is just a loose stack of papers. The Court's Individual Rules specifically require that all exhibits be tabbed and indexed properly. See , Judge Irizarry's Individual Rules and Practices in Civil Cases, Section IV(F)(1). A courtesy copy also must contain a cover letter and an index of exhibits. Everything should be bound or stapled together and exhibits properly tabbed. Defendant is directed to provide to chambers a proper courtesy copy NO LATER THAN NOVEMBER 22, 2022 . Counsel are admonished that the Court will not tolerate sloppy practices. SO ORDERED by Judge Dora Lizette Irizarry on 11/17/2022. (CC) |
||
| Monday, November 14, 2022 | ||
|
order
Order(Other)
Mon 11/14 1:30 PM
ORDER re8 Defendant's MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim -- While Plaintiff's response is due November 25, 2022, in light of the Thanksgiving holiday, it shall be due November 30, 2022. Defendant's reply is due December 7, 2022. SO ORDERED by Judge Dora Lizette Irizarry on 11/14/2022. (Irizarry, Dora) |
||
| Friday, November 11, 2022 | ||
| 8 | 8
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Fri 11/11 3:02 PM
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Oxford Health Insurance, Inc.. (Seaman, Brian) |
|
|
Att: 1
Memorandum in Support,
|
||
|
Att: 2
Exhibit A,
|
||
|
Att: 3
Exhibit B,
|
||
|
Att: 4
Exhibit C,
|
||
|
Att: 5
Exhibit D,
|
||
|
Att: 6
Proposed Order
|
||
| Wednesday, October 26, 2022 | ||
|
order
Order on Motion for Extension of Time to Answer
Wed 10/26 11:02 AM
ORDER re7 : The time for Oxford Health Insurance, Inc. to answer, move or otherwise respond to the complaint is extended to and including November 11, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 10/26/2022. c/ecf (RI) |
||
| Tuesday, October 25, 2022 | ||
| 7 | 7
motion
Extension of Time to File Answer
Tue 10/25 10:15 AM
Letter MOTION for Extension of Time to File Answer re1 Complaint, by Oxford Health Insurance, Inc.. (Seaman, Brian) |
|
| 6 | 6
notice
Notice of Appearance
Tue 10/25 10:14 AM
NOTICE of Appearance by Brian P. Seaman on behalf of Oxford Health Insurance, Inc. (aty to be noticed) (Seaman, Brian) |
|
|
Att: 1
Certificate of Service
|
||
| Thursday, October 06, 2022 | ||
| 5 | 5
misc
Affidavit/Affirmation
Thu 10/06 11:43 AM
AFFIDAVIT/AFFIRMATION of Service of Process by Nakul Karkare, M.D. (Axelrod, Robert) |
|
| Monday, August 29, 2022 | ||
| 4 | 4
service
Summons Issued
Mon 08/29 11:35 AM
Summons Issued as to Oxford Health Insurance, Inc. (Landow, Concetta) |
|
| 3 | 3
misc
Clerks Notice of Rule 73
Mon 08/29 11:28 AM
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. (Landow, Concetta) |
|
| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Mon 08/29 11:07 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
|
|
utility
Case Assigned/Reassigned
Mon 08/29 11:27 AM
Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) |
||
| Friday, August 26, 2022 | ||
| 1 | 1
7
pgs
cmp
Complaint
Fri 08/26 12:30 PM
COMPLAINT against Oxford Health Insurance, Inc. filing fee $ 402, receipt number ANYEDC-15882881 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Nakul Karkare, M.D. Attorney in Fact on Behalf of Patient MW. (Axelrod, Robert) |
|
|
Att: 1
Proposed Summons,
|
||
|
Att: 2
Civil Cover Sheet
|
||