Union Mutual Fire Insurance Company v. Merola, MD
| New York Eastern District Court | |
| Judge: | Diane Gujarati |
| Referred: | Lara K Eshkenazi |
| Case #: | 1:24-cv-07669 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Nov 01, 2024 |
| Last checked: Wednesday Apr 30, 2025 5:41 AM EDT |
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Defendant
Andrew Merola, MD
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Represented By
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Plaintiff
Union Mutual Fire Insurance Company
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Represented By
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| Docket last updated: 2 hours ago |
| Thursday, April 24, 2025 | ||
| 25 | 25
misc
Letter
Thu 04/24 5:02 PM
Letter [Initial Conference Request] by Union Mutual Fire Insurance Company (Clay, William) |
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| Wednesday, April 23, 2025 | ||
| 24 | 24
17
pgs
respoth
Reply in Support
Wed 04/23 3:24 PM
REPLY in Support re20 MOTION to Dismiss for Failure to State a Claim filed by Andrew Merola, MD. (Fodeman, Morris) |
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| 23 | 23
30+
pgs
respoth
Memorandum in Opposition
Wed 04/23 3:23 PM
MEMORANDUM in Opposition re20 MOTION to Dismiss for Failure to State a Claim filed by Andrew Merola, MD. (Fodeman, Morris) |
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| 22 | 22
respm
Affidavit/Declaration in Support of Motion
Wed 04/23 3:22 PM
AFFIDAVIT/DECLARATION in Support re20 MOTION to Dismiss for Failure to State a Claim [DECLARATION OF ANDREW MEROLA, M.D.] filed by Andrew Merola, MD. (Fodeman, Morris) |
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| 21 | 21
30+
pgs
respoth
Memorandum in Support
Wed 04/23 3:21 PM
MEMORANDUM in Support re20 MOTION to Dismiss for Failure to State a Claim filed by Andrew Merola, MD. (Fodeman, Morris) |
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| 20 | 20
motion
Dismiss for Failure to State a Claim
Wed 04/23 3:19 PM
MOTION to Dismiss for Failure to State a Claim by Andrew Merola, MD. (Fodeman, Morris) |
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| Wednesday, April 09, 2025 | ||
| 19 | 19
misc
Letter
Wed 04/09 4:41 PM
Letter [SERVICE LETTER] regarding service of Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss by Union Mutual Fire Insurance Company (Clay, William) |
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| Monday, March 10, 2025 | ||
| 18 | 18
misc
Letter
Mon 03/10 9:41 PM
Letter [Letter pursuant to the Court's Individual Rule III(B)(4) in connection with service of Defendant Andrew Merola, MD's Motion to Dismiss] by Andrew Merola, MD (Fodeman, Morris) |
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| Wednesday, February 12, 2025 | ||
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order
Order(Other)
Wed 02/12 10:15 AM
ORDER granting17 Letter to the Honorable Diane Gujarati regarding joint motion to dismiss briefing schedule in connection with First Amended Complaint (ECF No. 16) -- The proposed briefing schedule is adopted. Defendant shall serve his motion to dismiss on Plaintiff by March 10, 2025; Plaintiff shall serve its response on Defendant by April 9, 2025; and Defendant shall serve his reply, if any, on Plaintiff by April 23, 2025, at which point Defendant shall file the fully-briefed motion on ECF in accordance with Individual Practice Rule III.B.4. Ordered by Judge Diane Gujarati on 2/12/2025. (MAR) |
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| Tuesday, February 11, 2025 | ||
| 17 | 17
1
pgs
misc
Letter
Tue 02/11 10:53 AM
Letter to the Honorable Diane Gujarati regarding joint motion to dismiss briefing schedule in connection with First Amended Complaint (ECF No. 16) by Andrew Merola, MD (Fodeman, Morris) |
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| Friday, February 07, 2025 | ||
| 16 | 16
25
pgs
cmp
Amended Complaint
Fri 02/07 4:15 PM
AMENDED COMPLAINT [FIRST] against Andrew Merola, MD, filed by Union Mutual Fire Insurance Company. (Clay, William) |
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| Friday, January 24, 2025 | ||
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minutes
Pre Motion Conference ~Util - Set Deadlines
Fri 01/24 3:05 PM
Minute Entry for proceedings held before Judge Diane Gujarati: Pre-Motion Conference held on January 24, 2025. William J. Clay, Michael A. Graves, and Olivia Taylor Knott appeared on behalf of Plaintiff. Morris J. Fodeman, Jessica Lonergan, and Alexander Luhring appeared on behalf of Defendant. Case called. Discussion held regarding Defendant's anticipated motion to dismiss. As set forth on the record: (1) Plaintiff sought leave to amend the Complaint; (2) the Court granted Plaintiff leave to amend and set a deadline of February 7, 2025 for the filing of any Amended Complaint; and (3) the Court directed the parties to meet and confer before the filing of any Amended Complaint. (Court Reporter Michele Lucchese.) (AD) |
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| Thursday, January 23, 2025 | ||
| 15 | 15
notice
Notice of Appearance
Thu 01/23 5:38 PM
NOTICE of Appearance by Alexander Luhring on behalf of Andrew Merola, MD (aty to be noticed) (Luhring, Alexander) |
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| 14 | 14
notice
Notice of Appearance
Thu 01/23 11:53 AM
NOTICE of Appearance by Jessica Lonergan on behalf of Andrew Merola, MD (aty to be noticed) (Lonergan, Jessica) |
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| Friday, January 17, 2025 | ||
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order
Order on Motion for Pre Motion Conference
Fri 01/17 2:37 PM
ORDER granting9 Letter MOTION for pre motion conference -- A pre-motion conference on Defendant's anticipated motion to dismiss will be held on January 24, 2025 at 11:30 a.m. in Courtroom 4B South before Judge Diane Gujarati. Counsel shall appear 15 minutes prior to the conference and shall check in with the courtroom deputy. Ordered by Judge Diane Gujarati on 1/17/2025. (AD) |
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| Thursday, January 16, 2025 | ||
| 13 | 13
notice
Notice of Appearance
Thu 01/16 11:44 AM
NOTICE of Appearance by Michael A Graves on behalf of Union Mutual Fire Insurance Company (aty to be noticed) (Graves, Michael) |
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| Wednesday, January 15, 2025 | ||
| 12 | 12
misc
Letter
Wed 01/15 5:49 PM
Letter Motion - Supplemental Response to ECF No. 10 per 1/14/25 Order by Union Mutual Fire Insurance Company (Clay, William) |
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| Tuesday, January 14, 2025 | ||
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order
Order(Other)
Tue 01/14 12:28 PM
ORDER re10 -- By January 15, 2025, Plaintiff shall supplement the Response at ECF No. 10 to indicate whether Plaintiff will seek leave to amend and, if so, shall set forth the nature of any contemplated amendment. See Individual Practice Rule III.A.3. Ordered by Judge Diane Gujarati on 1/14/2025. (AD) |
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| Monday, January 06, 2025 | ||
| 11 | 11
notice
Notice of Appearance
Mon 01/06 12:30 PM
NOTICE of Appearance by Aaron Eitan Meyer on behalf of Union Mutual Fire Insurance Company (aty to be noticed) (Meyer, Aaron) |
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| 10 | 10
4
pgs
respm
Response to Motion
Mon 01/06 10:41 AM
RESPONSE to Motion re9 Letter MOTION for pre motion conference filed by Union Mutual Fire Insurance Company. (Clay, William) |
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| Monday, December 30, 2024 | ||
| 9 | 9
3
pgs
motion
Pre Motion Conference
Mon 12/30 5:14 PM
Letter MOTION for pre motion conference by Andrew Merola, MD. (Fodeman, Morris) |
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| Thursday, December 26, 2024 | ||
| 8 | 8
misc
Letter
Thu 12/26 12:45 PM
Letter William Clay Vacation Letter to Court by Union Mutual Fire Insurance Company (Clay, William) |
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| Thursday, November 21, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 11/21 2:05 PM
ORDER granting7 consent motion for extension of time to file answer. Defendant Dr. Merola shall answer or otherwise respond to the Complaint1 by 12/31/2024 . So Ordered by Magistrate Judge Lara K. Eshkenazi on 11/21/2024. (MED) |
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| Tuesday, November 19, 2024 | ||
| 7 | 7
motion
Extension of Time to File Answer
Tue 11/19 4:24 PM
Letter MOTION for Extension of Time to File Answer by Andrew Merola, MD. (Fodeman, Morris) |
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Att: 1
Exhibit / STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
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| Wednesday, November 06, 2024 | ||
| 6 | 6
notice
Notice of Appearance
Wed 11/06 4:15 PM
NOTICE of Appearance by Olivia Taylor Knott on behalf of Union Mutual Fire Insurance Company (aty to be noticed) (Knott, Olivia) |
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| Tuesday, November 05, 2024 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 11/05 9:09 AM
ORDER granting2 . So Ordered by Magistrate Judge Lara K. Eshkenazi on 11/5/2024. (MED) |
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| Friday, November 01, 2024 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 11/01 3:59 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 4 | 4
service
Summons Issued
Fri 11/01 3:58 PM
Summons Issued as to Andrew Merola, MD. (CV) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Fri 11/01 3:57 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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| 2 | 2
motion
Appear Pro Hac Vice
Fri 11/01 3:57 PM
Notice of MOTION to Appear Pro Hac Vice WILLIAM J. CLAY Filing fee $ 200, receipt number ANYEDC-18454304 by Union Mutual Fire Insurance Company. (Clay, William) |
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| 1 | 1
18
pgs
cmp
Complaint
Fri 11/01 3:49 PM
COMPLAINT ORIGINAL against Andrew Merola, MD filing fee $ 405, receipt number ANYEDC-18454195 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Union Mutual Fire Insurance Company. (Clay, William) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Proposed Summons Proposed Summons
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utility
Case Assigned/Reassigned
Fri 11/01 3:56 PM
Case Assigned to Judge Diane Gujarati and Magistrate Judge Lara K. Eshkenazi. 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. (CV) |
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