Tomer Avraham MD Plastic Surgery LLC v. 1199SEIU National Benefit Fund for Home Care Employees

New York Southern District Court
Judge:	Vernon S Broderick
Referred:	Ona T Wang
Case #:	1:24-cv-09537
Nature of Suit	896 Other Statutes - Arbitration
Cause	09:1 U.S. Arbitration Act

Case Filed:

Dec 13, 2024

Docket
Parties (2)

Last checked: Monday Jan 27, 2025 4:03 AM EST

Defendant 1199SEIU National Benefit Fund for Home Care Employees 1199 SEIU Benefit & Pension Funds 498 7th Avenue 10th Floor New York, NY 10018
Plaintiff Tomer Avraham MD Plastic Surgery LLC 535 Fifth Avenue 32nd Floor New York, NY 10017	Represented By Debra A. Clifford Gottlieb & Greenspan , LLC contact info

Docket last updated: 05/26/2025 11:59 PM EDT

Friday, May 23, 2025
34		34 respm Reply Memorandum of Law in Opposition to Motion Fri 05/23 1:19 PM REPLY MEMORANDUM OF LAW in Opposition re:9 MOTION to Dismiss Complaint under Fed. R. Civ. P. 12(b)(6) .,26 CROSS MOTION to Vacate19 CROSS MOTION to Confirm Arbitration Awards . NOTICE OF CROSS-MOTION TO VACATE IDR DETERMINATIONS .,19 CROSS MOTION to Confirm Arbitration Awards . . Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
Tuesday, May 20, 2025
33		33 2 pgs order Order on Motion for Extension of Time Wed 05/21 9:10 AM ORDER granting32 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/20/2025) (sgz) Related: [-]
Monday, May 19, 2025
32		32 motion Extension of Time Mon 05/19 1:01 PM LETTER MOTION for Extension of Time in further support of its Cross-Motion to Confirm and in opposition to Defendants Motion to Vacate addressed to Magistrate Judge Ona T. Wang from Debra A. Clifford dated May 19, 2025. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
Wednesday, May 14, 2025
31		31 2 pgs order Order on Motion for Extension of Time Wed 05/14 11:15 AM ORDER granting30 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/14/2025) (rro) Related: [-]
		utility Set/Reset Deadlines Wed 05/14 11:16 AM Set/Reset Deadlines: Replies due by 6/6/2025. (rro) Related: [-]
Tuesday, May 13, 2025
30		30 motion Extension of Time Tue 05/13 11:50 AM LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Debra A. Clifford dated 5/13/25. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
Monday, May 05, 2025
		misc Notice to Court Regarding Proposed Order Mon 05/05 12:43 PM ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 29 Proposed Order was reviewed and approved as to form. (nd) Related: [-]
Friday, May 02, 2025
29		29 misc Proposed Order Fri 05/02 9:33 PM PROPOSED ORDER. Document filed by 1199SEIU National Benefit Fund for Home Care Employees. Related Document Number:26 ..(Chesler, Elizabeth) Related: [-]
28		28 20 pgs respm Memorandum of Law in Opposition to Motion Fri 05/02 9:28 PM MEMORANDUM OF LAW in Opposition re:26 CROSS MOTION to Vacate19 CROSS MOTION to Confirm Arbitration Awards . NOTICE OF CROSS-MOTION TO VACATE IDR DETERMINATIONS .,19 CROSS MOTION to Confirm Arbitration Awards . AND IN SUPPORT OF THE FUNDS CROSS-MOTION TO VACATE THE IDR DETERMINATIONS . Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
27		27 respm Affidavit in Support of Motion Fri 05/02 9:23 PM AFFIDAVIT of Shelly Chun in Support re:26 CROSS MOTION to Vacate19 CROSS MOTION to Confirm Arbitration Awards . NOTICE OF CROSS-MOTION TO VACATE IDR DETERMINATIONS .. Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
		Att: 1 Exhibit Ex. A - IDR Email Notice of Offer Submission Due (DISP-1493754),
		Att: 2 Exhibit Ex. B - IDR Email Notice of Offer Submission Due (DISP-1493755),
		Att: 3 Exhibit Ex. C - CMS Notice,
		Att: 4 Exhibit Ex. D - Fund's Notice of Offer (DISP 1493754),
		Att: 5 Exhibit Ex. E - Fund's Notice of Offer (DISP 1493755),
		Att: 6 Exhibit Ex. F - Fund's July 22, 2024 Cover Email (DISP 1493754),
		Att: 7 Exhibit Ex. G - Fund's July 22, 2024 Cover Email (DISP 1493755),
		Att: 8 Exhibit Ex. H - IDR Determination (DISP 1493754),
		Att: 9 Exhibit Ex. I - IDR Determination (DISP 1493755),
		Att: 10 Exhibit Ex. J - 7.25.24 Fund Emails to ProPeer,
		Att: 11 Exhibit Ex. K - 12.6.24 Fund Emails to ProPeer
26		26 motion Vacate Fri 05/02 8:57 PM CROSS MOTION to Vacate19 CROSS MOTION to Confirm Arbitration Awards . NOTICE OF CROSS-MOTION TO VACATE IDR DETERMINATIONS . Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
Wednesday, April 02, 2025
25		25 2 pgs order Order on Motion for Extension of Time Order on Motion to Adjourn Conference Wed 04/02 3:45 PM ORDER granting22 Motion for Extension of Time; granting24 Motion to Adjourn Conference. The Court has reviewed ECF Nos. 18, 21, 22, 23, and 24. Accordingly, the following briefing schedule will apply to Plaintiff's cross-motion to confirm the IDR awards (ECF 19) and Defendant's anticipated crossmotion to vacate the awards: Defendant's deadline to oppose Plaintiff's motion and to crossmove to vacate is extended to Friday, May 2, 2025. Plaintiff's reply on their own motion, and opposition to Defendant's crossmotion, if any, is due Friday, May 16, 2025; and Defendant's reply on their crossmotion to vacate, if any, is due Friday, May 30, 2025. Discovery in this action is STAYED pending the resolution of Defendant's motion to dismiss, Plaintiff's cross-motion to enforce the IDR awards, and Defendant's crossmotion, if any, to vacate the awards. The Initial Case Management Conference and the deadline to submit the parties' Rule 26(f) Report are ADOURNED sine die. The Clerk of Court is respectfully requested to close ECF Nos. 22 and 24. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 4/2/2025) (ks) Related: [-]
		utility Set/Reset Deadlines Wed 04/02 3:46 PM Set/Reset Deadlines: Cross Motions due by 5/2/2025. Responses due by 5/16/2025 Replies due by 5/30/2025. (ks) Related: [-]
Tuesday, April 01, 2025
24		24 motion Adjourn Conference Tue 04/01 5:05 PM LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Elizabeth R. Chesler dated April 1, 2025. Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
Monday, March 31, 2025
23		23 respm Response in Opposition to Motion Mon 03/31 6:16 PM LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Debra A. Clifford dated March 31, 2025 re:22 FIRST LETTER MOTION for Extension of Time to Respond to Plaintiffs Cross-Motion to the Funds Motion to Dismiss addressed to Judge Vernon S. Broderick from Elizabeth R. Chesler dated March 28, 2025. . Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
Friday, March 28, 2025
22		22 motion Extension of Time Fri 03/28 4:45 PM FIRST LETTER MOTION for Extension of Time to Respond to Plaintiffs Cross-Motion to the Funds Motion to Dismiss addressed to Judge Vernon S. Broderick from Elizabeth R. Chesler dated March 28, 2025. Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
21		21 misc Letter Fri 03/28 2:37 PM LETTER addressed to Judge Vernon S. Broderick from Debra A. Clifford dated 3/28/25 re: Extension of Rule 16 Conference. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
Thursday, March 20, 2025
20		20 respm Reply Memorandum of Law in Support of Motion Thu 03/20 8:58 PM REPLY MEMORANDUM OF LAW in Support re:9 MOTION to Dismiss Complaint under Fed. R. Civ. P. 12(b)(6) . . Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
Wednesday, March 19, 2025
19		19 motion Confirm Arbitration Wed 03/19 8:05 PM CROSS MOTION to Confirm Arbitration Awards . Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
		Att: 1 Affidavit Certificate of Service,
		Att: 2 Proposed Order Proposed Order
Tuesday, March 18, 2025
18		18 misc Letter Tue 03/18 2:17 PM LETTER addressed to Magistrate Judge Ona T. Wang from Debra A. Clifford dated March 18, 2025 re: Seeking to Stay Discovery. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
Wednesday, March 05, 2025
17		17 respm Response in Opposition to Motion Wed 03/05 10:51 PM RESPONSE in Opposition to Motion re:9 MOTION to Dismiss Complaint under Fed. R. Civ. P. 12(b)(6) . . Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
		Att: 1 Affidavit Cert with exhibits
Thursday, February 20, 2025
16		16 order Memo Endorsement ~Util - Set Deadlines/Hearings Thu 02/20 3:44 PM MEMO ENDORSEMENT on re:14 Letter filed by Tomer Avraham MD Plastic Surgery LLC. ENDORSEMENT: This order amends and supersedes the order at Doc. 15. Plaintiff shall submit any opposition brief no later than March 6, 2025. Defendant shall submit any reply no later than March 20, 2025. The Court expresses its condolences for counsel's loss. ( Responses due by 3/6/2025, Replies due by 3/20/2025.) (Signed by Judge Vernon S. Broderick on 2/20/2025) (rro) Related: [-]
15		15 order Memo Endorsement ~Util - Set Deadlines/Hearings Thu 02/20 2:20 PM MEMO ENDORSEMENT on re:14 Letter filed by Tomer Avraham MD Plastic Surgery LLC. ENDORSEMENT: Plaintiff shall submit any opposition brief no later than February 24, 2025. Defendant shall submit any reply no later than March 10, 2025. The Court expresses its condolences for counsel's loss. ( Responses due by 2/24/2025, Replies due by 3/10/2025.) (Signed by Judge Vernon S. Broderick on 2/20/2025) (rro) Related: [-]
Wednesday, February 19, 2025
14		14 misc Letter Wed 02/19 4:56 PM LETTER addressed to Judge Vernon S. Broderick from Debra A. Clifford dated 2/19/2025 re: 10-day Extension. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
13		13 1 pgs order Order ~Util - Set Deadlines Wed 02/19 11:39 AM ORDER: Accordingly, it is hereby: ORDERED that Plaintiff shall file any opposition to Defendants' motion no later than February 24, 2025. If Plaintiff fails to oppose Defendant's motion or otherwise submit any filing by that date, I will consider the motion as unopposed. Cf. McCall v. Pataki, 232 F.2d 321, 322-23 (2d Cir. 2000) ("If a complaint is sufficient to state a claim on which relief can be granted, theplaintiff's failure to respond to a Rule 12(b)(6) motion does not warrant dismissal.").SO ORDERED. ( Responses due by 2/24/2025) (Signed by Judge Vernon S. Broderick on 2/19/2025) (vfr) Related: [-]
Monday, February 03, 2025
12		12 3 pgs order Order for Initial Pretrial Conference Mon 02/03 11:06 AM INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 4/8/2025 at 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 2/3/2025) (rro) Related: [-]
Tuesday, January 28, 2025
11		11 1 pgs order Order Referring Case to Magistrate Judge Tue 01/28 12:02 PM ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Vernon S. Broderick on 1/28/2025) (rro) Related: [-]
Monday, January 27, 2025
10		10 30+ pgs respm Memorandum of Law in Support of Motion Mon 01/27 10:19 PM MEMORANDUM OF LAW in Support re:9 MOTION to Dismiss Complaint under Fed. R. Civ. P. 12(b)(6) . . Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
9		9 motion Dismiss Mon 01/27 10:14 PM MOTION to Dismiss Complaint under Fed. R. Civ. P. 12(b)(6) . Document filed by 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
8		8 notice Notice of Appearance Mon 01/27 10:04 PM NOTICE OF APPEARANCE by Elizabeth Richer Chesler on behalf of 1199SEIU National Benefit Fund for Home Care Employees..(Chesler, Elizabeth) Related: [-]
Tuesday, January 21, 2025
7		7 service Summons Returned Executed Tue 01/21 10:57 AM SUMMONS RETURNED EXECUTED Summons and Complaint, served. 1199SEIU National Benefit Fund for Home Care Employees served on 1/6/2025, answer due 1/27/2025. Service was accepted by Sudaydi Sanchez. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
Tuesday, December 17, 2024
6		6 service Summons Issued Tue 12/17 4:50 PM ELECTRONIC SUMMONS ISSUED as to 1199SEIU National Benefit Fund for Home Care Employees. (sj) Related: [-]
Monday, December 16, 2024
5		5 service Request for Issuance of Summons Mon 12/16 3:44 PM REQUEST FOR ISSUANCE OF SUMMONS as to 1199SEIU NATIONAL BENEFIT FUND FOR HOME CARE EMPLOYEES, re:1 Complaint,. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
4		4 misc Civil Cover Sheet Mon 12/16 3:41 PM CIVIL COVER SHEET filed..(Clifford, Debra) Related: [-]
3		3 misc Rule 7.1 Corporate Disclosure Statement Mon 12/16 11:40 AM AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
		misc Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement Mon 12/16 9:52 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Debra A. Clifford to RE-FILE Document No. 2 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate disclosure statement was not signed;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) Related: [-]
		misc Notice to Attorney Regarding Party Modification Mon 12/16 2:16 PM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Debra A. Clifford. The party information for the following party/parties has been modified: Tomer Avraham MD Plastic Surgery LLC, 1199SEIU National Benefit Fund for Home Care Employees. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (sj) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 12/16 2:20 PM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Debra A. Clifford. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) Related: [-]
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Mon 12/16 2:23 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Debra A. Clifford to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 4, 2024; the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located at http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (sj) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Mon 12/16 2:25 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Debra A. Clifford to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 12/16 2:27 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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] ..(sj) Related: [-]
		utility Case Designation Mon 12/16 2:28 PM Magistrate Judge Ona T. Wang 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] . (sj) Related: [-]
		utility Case Designated ECF Mon 12/16 2:30 PM Case Designated ECF. (sj) Related: [-]
Friday, December 13, 2024
2		2 misc Rule 7.1 Corporate Disclosure Statement Fri 12/13 2:19 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
1		1 cmp Complaint Fri 12/13 1:28 PM COMPLAINT against 1199SEIU National Benefit Fund for Home Care Employees. (Filing Fee $ 405.00, Receipt Number ANYSDC-30328845)Document filed by Tomer Avraham MD Plastic Surgery LLC..(Clifford, Debra) Related: [-]
		Att: 1 Exhibit Exhibits,
		Att: 2 Civil Cover Sheet Civil Cover Sheet,
		Att: 3 Proposed Order Proposed Summons

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