Case details

Court: njd
Docket #: 2:13-cv-01390
Case Name: SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C. v. INDECS CORP-CONSTANT SERVICES INC. et al
PACER case #: 286331
Date filed: 2013-03-07
Assigned to: Judge Katharine S. Hayden
Referred to: Magistrate Judge Cathy L. Waldor
Case Cause: 29:1132 E.R.I.S.A.-Employee Benefits
Nature of Suit: 791 Labor: E.R.I.S.A.
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C.
Plaintiff
SEAN R. CALLAGY
LAW OFFICE OF SEAN R. CALLAGY, ESQ. MACK-CALI CENTRE II 650 FROM ROAD, SUITE 565 PARAMUS, NJ 07652 201-261-1700 Fax: 201-261-1775 Email: scallagy@callagylaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

INDECS CORP-CONSTANT SERVICES INC.
Defendant
TERMINATED: 10/02/2014
ANDREW SETH BERNS
EINHORN, HARRIS, ASCHER, BARBARITO, FROST & IRONSON, PC 165 EAST MAIN STREET ROOUTE 53 PO BOX 3010 DENVILLE, NJ 07834-3010 (973) 627-7300 Email: aberns@einhornharris.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

DANIEL STEVEN STRICK
LUCAS & CAVALIER LLC 1500 WALNUT STREET SUITE 1500 PHILADELPHIA, PA 19102 215-751-9192 Email: dstrick@lucascavalier.com
TERMINATED: 04/09/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT M. CAVALIER
LUCAS & CAVALIER, ESQS. 126 WHITE HORSE PIKE THIRD FLOOR HADDON HEIGHTS, NJ 08035 (856) 546-7172 Email: rcavalier@lucascavalier.com
TERMINATED: 04/09/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

SEAN X. KELLY
MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, PC COOPER RIVER WEST 6981 N. PARK DRIVE SUITE 300 PENNSAUKEN, NJ 08109 (856) 663-4300 Email: skelly@moodklaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SEAN ROBINS
Marks, O'Neill, O'Brien, Doherty & Kelly, P.C. Suite 300 Cooper River West 6981 North Park Drive Pennsauken, NJ 08109 856-663-4300 Fax: 856-663-4439 Email: srobins@moodklaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ABC BENEFIT PLANS 1-10
Defendant
JOHN/JANE DOES INC./LLC 1-10
Defendant
Constant Services Inc.
Defendant
ANDREW S. BERNS
EINHORN, HARRIS, ASCHER, BARBARITO & FROST 165 E. MAIN STREET DENVILLE, NJ 07834-3010 Email: aberns@einhornharris.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C.
Plaintiff
SEAN R. CALLAGY
LAW OFFICE OF SEAN R. CALLAGY, ESQ. MACK-CALI CENTRE II 650 FROM ROAD, SUITE 565 PARAMUS, NJ 07652 201-261-1700 Fax: 201-261-1775 Email: scallagy@callagylaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

CONSTANT SERVICES, INC.
Defendant
INDECS CORP.
Defendant
SEAN ROBINS
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-07 1 0 NOTICE OF REMOVAL by INDECS CORP-CONSTANT SERVICES INC. from SUPERIOR COURT OF BERGEN COUNTY, case number BER-L-745-13. ( Filing fee $ 350 receipt number 4872052) (Attachments: # 1 Exh A - St Ct Rec)(dr, ) (Entered: 03/11/2013)
2013-03-07 2 0 Corporate Disclosure Statement by INDECS CORP-CONSTANT SERVICES INC. identifying NONE as Corporate Parent.. (dr, ) (Entered: 03/11/2013)
2013-03-12 3 0 MOTION to Dismiss Filed by Indecs Corporation by INDECS CORP-CONSTANT SERVICES INC.. Responses due by 4/1/2013 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Exhibit Plan Document, # 4 Exhibit July 27, 2012 letter)(CAVALIER, ROBERT) (Entered: 03/12/2013)
2013-03-26 4 0 Court's Letter RE: electronic case filing & discovery (sr, ) (Entered: 03/27/2013)
2013-03-28 5 0 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 3 MOTION to Dismiss Filed by Indecs Corporation . (CALLAGY, SEAN) (Entered: 03/28/2013)
2013-03-28 6 0 SCHEDULING ORDER, Scheduling Conference set for 6/4/2013 03:00 PM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Signed by Magistrate Judge Patty Shwartz on 3/28/13. (aa, ) (Entered: 04/03/2013)
2013-04-09 7 0 Substitution of Attorney - Attorney ROBERT M. CAVALIER and DANIEL STEVEN STRICK terminated. Attorney SEAN X. KELLY,SEAN ROBINS for INDECS CORP-CONSTANT SERVICES INC. added.. (KELLY, SEAN) (Entered: 04/09/2013)
2013-04-22 8 0 NOTICE by SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C. Notice of Cross Motion and Opposition to Defendant's Motion to Dismiss (Attachments: # 1 Brief, # 2 Exhibit, # 3 Certification)(CALLAGY, SEAN) (Entered: 04/22/2013)
2013-04-24 9 0 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 3 MOTION to Dismiss Filed by Indecs Corporation re: cross-motion and opposition, filed by Plaintiff. (ROBINS, SEAN) (Entered: 04/24/2013)
2013-05-02 10 0 Cross MOTION to Amend/Correct by SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C.. (CALLAGY, SEAN) (Entered: 05/02/2013)
2013-05-13 11 0 REPLY BRIEF to Opposition to Motion filed by INDECS CORP-CONSTANT SERVICES INC. re 10 Cross MOTION to Amend/Correct , 3 MOTION to Dismiss Filed by Indecs Corporation (Attachments: # 1 Certificate of Service, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(BROWN, MELISSA) (Entered: 05/13/2013)
2013-05-31 12 0 Joint Discovery Plan by SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C..(CALLAGY, SEAN) (Entered: 05/31/2013)
2013-06-04 13 0 TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor in courtroom 4C on 7/17/13 at 2:30 PM. Parties are to submit a Joint Discovery Plan no later than 3 days before the scheduled conference. Please contact chambers with any questions or concerns at (973) 776 7862. Ordered by Magistrate Judge Cathy L. Waldor on 6/4/13. (tjg, ) (Entered: 06/04/2013)
2013-07-16 14 0 TEXT ORDER: The Court is in receipt of Plaintiffs July 16, 2013 letter, received via faxed today, seeking to adjourn or hold telephonically the initial scheduling conference that was scheduled on June 4, 2013 to be held tomorrow, July 17, 2013 at 2:30pm. All requests to adjourn a conference should be made at least 3 days in advance of the conference in order to avoid any unnecessary preparation and travel expense to all parties. The court, however, will grant Plaintiffs request and hold the conference telephonically. No in person appearances are required by either party. Plaintiff is to initiate the call to chambers at (973) 776-7862.Ordered by Magistrate Judge Cathy L. Waldor on 7/16/13. (tjg, ) (Entered: 07/16/2013)
2013-07-18 15 0 Pretrial SCHEDULING ORDER: Telephone Conference set for 11/7/2013 10:30 AM before Magistrate Judge Cathy L. Waldor. Amended Pleadings due by 10/31/2013. Fact Discovery due by 12/30/2013. Joinder of Parties due by 10/31/2013.. Signed by Magistrate Judge Cathy L. Waldor on 7/17/13. (jd, ) (Entered: 07/18/2013)
2013-11-01 16 0 TEXT ORDER: The Court will adjourn the 11/7/13 conference to 11/14/13 at 3:15 pm. Ordered by Magistrate Judge Cathy L. Waldor on 11/1/13. (tjg, ) (Entered: 11/01/2013)
2013-12-30 17 0 OPINION. Signed by Judge Katharine S. Hayden on 12/30/13. (rg, ) (Entered: 12/31/2013)
2013-12-30 18 0 ORDER denying 3 Motion to Dismiss ; granting 10 Motion to Amend/Correct. Signed by Judge Katharine S. Hayden on 12/30/13. (rg, ) (Entered: 12/31/2013)
2014-01-17 19 0 AMENDED COMPLAINT against Constant Services Inc., filed by SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C.. (Attachments: # 1 Exhibit A - F, # 2 Exhibit Red-Lined Proposed Amended Complaint)(CALLAGY, SEAN) (Entered: 01/17/2014)
2014-02-19 20 0 MOTION to Dismiss Amended Complaint (by INDECS Corp. only) by INDECS CORP-CONSTANT SERVICES INC.. Responses due by 3/3/2014 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service, # 4 Exhibit Amended Complaint, # 5 Exhibit Exhibits to Amended Complaint)(ROBINS, SEAN) (Entered: 02/19/2014)
2014-02-21 21 0 TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor in courtroom 4C on 6/12/14 at 10:00 AM. Parties are to submit a Joint Discovery Plan no later than 3 days before the scheduled conference. Please contact chambers with any questions or concerns at (973) 776 7862. Ordered by Magistrate Judge Cathy L. Waldor on 2/21/14. (tjg, ) (Entered: 02/21/2014)
2014-02-25 22 0 AFFIDAVIT of Service for Summons, Amended Complaint, Notice to Produce, Exhibit A served on Constant Services, Inc. on 2/19/2014, filed by SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C.. (CALLAGY, SEAN) (Entered: 02/25/2014)
2014-02-25 23 0 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 20 MOTION to Dismiss Amended Complaint (by INDECS Corp. only) . (CALLAGY, SEAN) (Entered: 02/25/2014)
2014-03-11 24 0 Answer to Amended Complaint ANSWER to Complaint with JURY DEMAND by Constant Services Inc..(BERNS, ANDREW) (Entered: 03/11/2014)
2014-03-24 25 0 BRIEF in Opposition filed by SPINE SURGERY ASSOCIATES & DISCOVERY IMAGING, P.C. re 20 MOTION to Dismiss Amended Complaint (by INDECS Corp. only) (Attachments: # 1 Certificate of Service)(CALLAGY, SEAN) (Entered: 03/24/2014)
2014-03-31 26 0 REPLY to Response to Motion filed by INDECS CORP-CONSTANT SERVICES INC. re 20 MOTION to Dismiss Amended Complaint (by INDECS Corp. only) (Attachments: # 1 Certificate of Service)(ROBINS, SEAN) (Entered: 03/31/2014)
2014-04-07 27 0 NOTICE of Appearance by ANDREW SETH BERNS on behalf of INDECS CORP-CONSTANT SERVICES INC. (BERNS, ANDREW) (Entered: 04/07/2014)
2014-06-06 28 0 Joint Discovery Plan by Constant Services Inc..(BERNS, ANDREW) (Entered: 06/06/2014)
2014-06-10 29 0 TEXT ORDER: The Court will reschedule the start time of the 6/12/14 conference from 10:00 am to 1:30 pm. Additionally, the conference will now BE HELD BY TELEPHONE. The plaintiff shall initiated the call. Chambers can be reached at 973 776 7862.Ordered by Magistrate Judge Cathy L. Waldor on 6/10/14. (tjg, ) (Entered: 06/10/2014)
2014-06-12 30 0 PRETRIAL SCHEDULING ORDER: Telephone Conference set for 10/22/2014 02:15 PM before Magistrate Judge Cathy L. Waldor, any motion to add new parties, whether by amended or third-party complaint, must be returnable no later than 10/17/2014, Fact Discovery due by 12/30/2014, any motion to amend pleadings must be returnable no later than 10/17/2014; etc. Signed by Magistrate Judge Cathy L. Waldor on 6/12/14. (sr, ) (Entered: 06/12/2014)
2014-09-30 31 0 OPINION. Signed by Judge Katharine S. Hayden on 9/30/14. (rg, ) (Entered: 09/30/2014)
2014-09-30 32 0 ORDER granting in part and denying in part 20 Motion to Dismiss. Signed by Judge Katharine S. Hayden on 9/30/14. (rg, ) (Entered: 09/30/2014)
2014-10-02 33 0 ANSWER to Amended Complaint by INDECS CORP.. (Attachments: # 1 Certificate of Service)(ROBINS, SEAN) (Entered: 10/02/2014)
2014-10-22 34 0 TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 4/16/15 at 1:00 PM. Amended Scheduling Order: Fact End: 3/31/15. Parties may contact chambers at (973) 776 7862. Ordered by Magistrate Judge Cathy L. Waldor on 10/22/14. (tjg, ) (Entered: 10/22/2014)