Guarino et al v. Vytalize Health, Inc.
| New York Southern District Court | |
| Judge: | Mary Kay Vyskocil |
| Case #: | 1:24-cv-00403 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332bc Diversity-Breach of Contract |
| Case Filed: | Jan 18, 2024 |
| Last checked: Sunday Mar 03, 2024 5:12 AM EST |
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Defendant
Vytalize Health, Inc.
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Plaintiff
Marissa Guarino
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Represented By
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Plaintiff
Michael Guarino
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Represented By
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| Docket last updated: 05/12/2024 11:59 PM EDT |
| Thursday, May 09, 2024 | ||
| 26 | 26
19
pgs
respm
Memorandum of Law in Support of Motion
Thu 05/09 1:41 PM
MEMORANDUM OF LAW in Support re:25 MOTION to Dismiss of Plaintiffs' to Partially Dismiss Defendant's Amended Counterclaims . . Document filed by Marissa Guarino, Michael Guarino..(Argiropoulos, Anthony) |
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| 25 | 25
motion
Dismiss
Thu 05/09 1:31 PM
MOTION to Dismiss of Plaintiffs' to Partially Dismiss Defendant's Amended Counterclaims . Document filed by Marissa Guarino, Michael Guarino..(Argiropoulos, Anthony) |
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| Thursday, April 25, 2024 | ||
| 24 | 24
cmp
Counterclaim Amended Answer to Complaints
Thu 04/25 2:51 PM
AMENDED ANSWER to1 Complaint with JURY DEMAND., COUNTERCLAIM against Marissa Guarino, Michael Guarino. Document filed by Vytalize Health, Inc...(Lyon, Emery) |
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| Thursday, April 18, 2024 | ||
| 23 | 23
misc
Letter
Thu 04/18 2:21 PM
LETTER addressed to Judge Mary Kay Vyskocil from Emery L. Lyon dated April 18, 2024 re: inform the Court that Vytalize intends to amend the Counterclaims. Document filed by Vytalize Health, Inc...(Lyon, Emery) |
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| Wednesday, April 17, 2024 | ||
| 22 | 22
order
Order on Motion to Appear Pro Hac Vice
Wed 04/17 9:27 AM
ORDER granting21 Motion for Dylan P. Kletter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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| Tuesday, April 16, 2024 | ||
| 21 | 21
motion
Appear Pro Hac Vice
Tue 04/16 4:28 PM
MOTION for Dylan P. Kletter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29227259. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vytalize Health, Inc...(Kletter, Dylan) |
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Att: 1
Affidavit of Dylan P. Kletter,
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Att: 2
Exhibit A - Connecticut Certificate of Good Standing,
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Att: 3
Exhibit B - New York Certificate of Good Standing,
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Att: 4
Proposed Order for Admission Pro Hac Vice
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misc
Notice Regarding Pro Hac Vice Motion
Tue 04/16 4:36 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Dylan P. Kletter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29227259. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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| Thursday, April 11, 2024 | ||
| 20 | 20
2
pgs
order
Order on Motion for Conference
Thu 04/11 3:47 PM
SCHEDULING ORDER denying16 LETTER MOTION for Conference in Anticipation of Filing a Partial Motion to Dismiss Certain Counterclaims addressed to Judge Mary Kay Vyskocil from Anthony Argiropoulos dated April 8, 2024. The Plaintiffs-Counter Defendants submitted a request for a pre-motion conference on its anticipated motion to partially dismiss Defendant's counterclaims against them (ECF #16). The Defendant-Counter Claimant opposes the request (ECF #19). After reviewing the arguments set out in the parties' submissions, the motion for a pre-motion conference is DENIED, and Plaintiffs-Counter Defendants are GRANTED leave to file a motion to partially dismiss on the schedule set forth below. IT IS FURTHER ORDERED that on or before April 18, 2024, Defendant-Counter Claimant must inform the Court via letter whether it intends to amend its counterclaims. This will be Defendant-Counter Claimant's last opportunity to amend its counterclaims in response to arguments raised in the parties' letters. IT IS FURTHER ORDERED that if the Defendant-Counter Claimant does not amend its counterclaims, Plaintiffs-Counter Defendants must file their partial motion to dismiss on or before April 25, 2024. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that if the Defendant-Counter Claimant elects to amend its counterclaims, the amended counterclaims are due on or before April 25, 2024. Plaintiffs-Counter Defendants must respond to any amended counterclaims within 14 days of its filing. In the event Plaintiffs-Counter Defendants files a new partial motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. The Clerk of Court is respectfully requested to terminate docket entry 16. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/11/2024) (mml) |
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| 19 | 19
respm
Response to Motion
Thu 04/11 2:00 PM
LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Emery L. Lyon dated April 11, 2024 re:16 LETTER MOTION for Conference in Anticipation of Filing a Partial Motion to Dismiss Certain Counterclaims addressed to Judge Mary Kay Vyskocil from Anthony Argiropoulos dated April 8, 2024. . Document filed by Vytalize Health, Inc...(Lyon, Emery) |
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| 18 | 18
order
Order on Motion to Appear Pro Hac Vice
Thu 04/11 10:11 AM
ORDER granting17 Motion for Alessandra Maldonado to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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utility
Set/Reset Deadlines
Thu 04/11 3:51 PM
Set/Reset Deadlines: Amended Pleadings due by 4/25/2024. Motions due by 4/25/2024. (mml) |
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| Wednesday, April 10, 2024 | ||
| 17 | 17
motion
Appear Pro Hac Vice
Wed 04/10 9:58 AM
MOTION for Alessandra Maldonado to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29198284. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vytalize Health, Inc...(Maldonado, Alessandra) |
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Att: 1
Affidavit of Alessandra Maldonado,
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Att: 2
Exhibit NY Certificate of Good Standing (Attachment to Maldonado Affidavit),
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Att: 3
Proposed Order Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Wed 04/10 11:14 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Alessandra Maldonado to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29198284. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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| Monday, April 08, 2024 | ||
| 16 | 16
motion
Conference
Mon 04/08 1:32 PM
LETTER MOTION for Conference in Anticipation of Filing a Partial Motion to Dismiss Certain Counterclaims addressed to Judge Mary Kay Vyskocil from Anthony Argiropoulos dated April 8, 2024. Document filed by Marissa Guarino, Michael Guarino..(Argiropoulos, Anthony) |
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| Tuesday, March 19, 2024 | ||
| 15 | 15
answer
Answer to Complaint Counterclaim
Tue 03/19 7:41 PM
ANSWER to1 Complaint with JURY DEMAND., COUNTERCLAIM against Marissa Guarino, Michael Guarino. Document filed by Vytalize Health, Inc...(Lyon, Emery) |
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| 14 | 14
misc
Rule 7.1 Corporate Disclosure Statement
Tue 03/19 6:33 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vytalize Health Holdings Inc., Other Affiliate Practice Management of America, Other Affiliate Independent Practice Association of New York, Inc., Other Affiliate Salus Billing, Other Affiliate Westchester Management Services Organization, Inc., Other Affiliate Westchester Management Services Organization, LLC, Other Affiliate The Physicians Alliance LLC, Other Affiliate Vytalize Health 4 ACO LLC, Other Affiliate Vytalize Health Enhanced ACO LLC, Other Affiliate Vytalize Health OH ACO LLC, Other Affiliate Vytalize Health ACO 9 LLC, Other Affiliate MedPilot, Inc., Other Affiliate Vytalize Health MA LLC, Other Affiliate Vytalize Health IPA LLC, Other Affiliate Vytalize Health MSO LLC, Other Affiliate Vytalize Health 3 ACO LLC, Other Affiliate Vytalize Health 7 ACO LLC, Other Affiliate Vytalize Health 8 ACO LLC, Other Affiliate Vytaliz Medical, P.C., Other Affiliate Vytalize Health Medical 2 LLC, Other Affiliate Vytalize Medical P.A. for Vytalize Health, Inc.. Document filed by Vytalize Health, Inc...(Lyon, Emery) |
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| 13 | 13
notice
Notice of Appearance
Tue 03/19 5:38 PM
NOTICE OF APPEARANCE by Emery Lane Lyon on behalf of Vytalize Health, Inc...(Lyon, Emery) |
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| 12 | 12
notice
Notice of Appearance
Tue 03/19 5:37 PM
NOTICE OF APPEARANCE by Dylan P. Kletter on behalf of Vytalize Health, Inc...(Kletter, Dylan) |
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| Tuesday, February 27, 2024 | ||
| 11 | 11
order
Order on Motion to Appear Pro Hac Vice
Tue 02/27 9:31 AM
ORDER granting9 Motion for Theodora McCormick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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| 10 | 10
order
Order on Motion to Appear Pro Hac Vice
Tue 02/27 9:30 AM
ORDER granting7 Motion for Anthony Argiropoulos to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) |
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| Monday, February 26, 2024 | ||
| 9 | 9
motion
Appear Pro Hac Vice
Mon 02/26 3:04 PM
MOTION for Theodora McCormick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28996462. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marissa Guarino, Michael Guarino..(McCormick, Theodora) |
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Att: 1
Affidavit of Theodora McCormick in Support of Motion for Admission Pro Hac,
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Att: 2
Exhibit - Certificate of Good Standing (Supreme Court New Jersey),
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Att: 3
Proposed Order for Admission Pro Hac Vice
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| 8 | 8
motion
Appear Pro Hac Vice
Mon 02/26 2:22 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Theodora McCormick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marissa Guarino, Michael Guarino..(McCormick, Theodora) Modified on 2/26/2024 (bc) |
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Att: 1
Exhibit - Affidavit of Theodora McCormick in Support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit - Certificatoe of Good Standing (Supreme Court New Jersey),
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Att: 3
Proposed Order for Admission Pro Hac Vice
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Mon 02/26 2:54 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. 8 MOTION for Theodora McCormick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bc) |
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misc
Pro Hac Vice Fee Due
Mon 02/26 2:54 PM
Pro Hac Vice Fee Due: for8 MOTION for Theodora McCormick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. ..(bc) |
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misc
Notice Regarding Pro Hac Vice Motion
Mon 02/26 3:17 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Theodora McCormick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28996462. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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| Friday, February 23, 2024 | ||
| 7 | 7
motion
Appear Pro Hac Vice
Fri 02/23 1:14 PM
MOTION for Anthony Argiropoulos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28987539. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marissa Guarino, Michael Guarino..(Argiropoulos, Anthony) |
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Att: 1
Affidavit of Anthony Argiropoulos, Esq,
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Att: 2
Exhibit Certificate of Good Standing From NJ,
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Att: 3
Exhibit Certificate of Good Standing From PA,
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Att: 4
Proposed Order For Admission Pro Hac Vice
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misc
Notice Regarding Pro Hac Vice Motion
Fri 02/23 1:50 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Anthony Argiropoulos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28987539. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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| Thursday, January 25, 2024 | ||
| 6 | 6
service
Waiver of Service Executed
Thu 01/25 10:43 AM
WAIVER OF SERVICE RETURNED EXECUTED. Vytalize Health, Inc. waiver sent on 1/19/2024, answer due 3/19/2024. Document filed by Michael Guarino; Marissa Guarino..(Panchavati, Shruti) |
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| Friday, January 19, 2024 | ||
| 5 | 5
service
Summons Issued
Fri 01/19 9:49 AM
ELECTRONIC SUMMONS ISSUED as to Vytalize Health, Inc. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 01/19 9:45 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shruti Panchavati. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand Blank; Arbitration code e (Exempt); County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to 9,999,000; the Arbitration code has been deleted; the County code has been modified to XX Out of State. (vf) |
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notice
Case Opening Initial Assignment Notice
Fri 01/19 9:46 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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) |
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utility
Case Designation
Fri 01/19 9:46 AM
Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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) |
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utility
Case Designated ECF
Fri 01/19 9:47 AM
Case Designated ECF. (vf) |
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| Thursday, January 18, 2024 | ||
| 4 | 4
service
Request for Issuance of Summons
Thu 01/18 7:53 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Vytalize Health, Inc., re:1 Complaint. Document filed by Marissa Guarino, Michael Guarino..(Panchavati, Shruti) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Thu 01/18 7:49 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marissa Guarino, Michael Guarino..(Panchavati, Shruti) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 01/18 7:46 PM
CIVIL COVER SHEET filed..(Panchavati, Shruti) |
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| 1 | 1
20
pgs
cmp
Complaint
Thu 01/18 7:44 PM
COMPLAINT against Vytalize Health, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28829816)Document filed by Michael Guarino, Marissa Guarino..(Panchavati, Shruti) |
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