| Court: | nyed |
| Docket #: | 1:11-cv-06364 |
| Case Name: | Allstate Insurance Company et al v. Tanella et al |
| PACER case #: | 325812 |
| Date filed: | 2011-12-30 |
| Date terminated: | 2013-05-06 |
| Date of last filing: | 2013-05-06 |
| Assigned to: | Chief Judge Carol Bagley Amon |
| Referred to: | Magistrate Judge Robert M. Levy |
| Case Cause: | 18:1962 Racketeering (RICO) Act |
| Nature of Suit: | 470 Racketeer/Corrupt Organization |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Allstate Insurance Company Plaintiff |
Richard D. King Michael W. Whitcher Nathan A. Tilden |
| Allstate Indemnity Company Plaintiff |
Richard D. King Michael W. Whitcher Nathan A. Tilden |
| Allstate Property & Casualty Insurance Company Plaintiff |
Richard D. King Michael W. Whitcher Nathan A. Tilden |
| Deerbrook Insurance Company Plaintiff |
Richard D. King Michael W. Whitcher Nathan A. Tilden |
| Gerard M. Tanella Defendant |
|
| Inna Lyubronetskaya Defendant |
James R. Froccaro |
| Gerard M. Tanella, Attorney At Law, P.C. Defendant |
|
| Professional Billing Services Defendant |
James R. Froccaro |
| Gregory Spektor Defendant |
William H Roth |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-12-30 | 1 | 0 | COMPLAINT against Gerard M. Tanella, Attorney At Law, P.C., Inna Lyubronetskaya, Professional Billing Services, Gerard M. Tanella Disclosure Statement on Civil Cover Sheet completed -No,, filed by Allstate Indemnity Company, Deerbrook Insurance Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 01/06/2012) | 2017-02-27 12:14:56 | dc919dd15ce57b6ae61ba1381c3d564114d5fe23 | |
| 1 | 1 | Civil Cover Sheet | ||||
| 2011-12-30 | 2 | 0 | DISCLOSURE of Interested Parties by Allstate Indemnity Company, Deerbrook Insurance Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company. (Davis, Kimberly) (Entered: 01/06/2012) | |||
| 2012-01-06 | 3 | 0 | Notice of MOTION for Leave to Appear Pro Hac Vice as to Michael Whitcher Filing fee $ 25, receipt number 0207-5231669. by Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company. (Attachments: # 1 Affidavit, # 2 Order) (Whitcher, Michael) (Entered: 01/06/2012) | |||
| 2012-01-20 | 4 | 0 | ORDER: An initial conference has been scheduled for May 1, 2012 at 11:00 a.m., before the Hon. Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiffs' counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 1/20/2012. (Marino, Janine) (Entered: 01/20/2012) | |||
| 2012-01-23 | 5 | 0 | NOTICE of Appearance by Nathan A. Tilden on behalf of Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company (aty to be noticed) (Tilden, Nathan) (Entered: 01/23/2012) | |||
| 2012-01-23 | 6 | 0 | SUMMONS Returned Executed by Allstate Indemnity Company, Deerbrook Insurance Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company. Gerard M. Tanella served on 1/11/2012, answer due 2/1/2012. (King, Richard) (Entered: 01/23/2012) | |||
| 2012-01-23 | 7 | 0 | SUMMONS Returned Executed by Allstate Indemnity Company, Deerbrook Insurance Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company. Inna Lyubronetskaya served on 1/10/2012, answer due 1/31/2012. (King, Richard) (Entered: 01/23/2012) | |||
| 2012-01-23 | 8 | 0 | SUMMONS Returned Executed by Allstate Indemnity Company, Deerbrook Insurance Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company. Professional Billing Services served on 1/9/2012, answer due 1/30/2012. (King, Richard) (Entered: 01/23/2012) | |||
| 2012-01-23 | 9 | 0 | SUMMONS Returned Executed by Allstate Indemnity Company, Deerbrook Insurance Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company. Gerard M. Tanella, Attorney At Law, P.C. served on 1/9/2012, answer due 1/30/2012. (King, Richard) (Entered: 01/23/2012) | |||
| 2012-01-23 | 10 | 0 | SUMMONS Returned Executed by Allstate Indemnity Company, Deerbrook Insurance Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company. Gregory Spektor served on 1/10/2012, answer due 1/31/2012. (King, Richard) (Entered: 01/23/2012) | |||
| 2012-02-22 | 11 | 0 | STIPULATION for Extension to File Answer to Complaint as to Inna Lyubronetskaya and Professional Billing Services by Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company (Whitcher, Michael) (Entered: 02/22/2012) | |||
| 2012-03-06 | 12 | 0 | Request for Certificate of Default by Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company (Attachments: # 1 Declaration, # 2 Clerk's Certificate) (Whitcher, Michael) (Entered: 03/06/2012) | |||
| 2012-03-06 | 13 | 0 | Request for Certificate of Default by Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company (Attachments: # 1 Declaration, # 2 Clerk's Certificate) (Whitcher, Michael) (Entered: 03/06/2012) | |||
| 2012-03-06 | 14 | 0 | Clerk's ENTRY OF DEFAULT as to Gerard M. Tanella,pursuant to Rule 55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet) (Entered: 03/06/2012) | |||
| 2012-03-06 | 15 | 0 | Clerk's ENTRY OF DEFAULT as to Gerard M. Tanella, Attorney At Law, P.C.,pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. (Hamilton, Janet) (Entered: 03/06/2012) | |||
| 2012-03-16 | 16 | 0 | NOTICE of Appearance by William H Roth on behalf of Gregory Spektor (aty to be noticed) (Roth, William) (Entered: 03/16/2012) | |||
| 2012-03-16 | 17 | 0 | MOTION for pre motion conference by Gregory Spektor. (Roth, William) (Entered: 03/16/2012) | |||
| 2012-03-22 | 18 | 0 | NOTICE of Appearance by James R. Froccaro on behalf of Inna Lyubronetskaya (aty to be noticed) (Froccaro, James) (Entered: 03/22/2012) | |||
| 2012-03-22 | 19 | 0 | FIRST ANSWER to 1 Complaint, by Inna Lyubronetskaya. (Froccaro, James) (Entered: 03/22/2012) | |||
| 2012-03-22 | 20 | 0 | NOTICE of Appearance by James R. Froccaro on behalf of Professional Billing Services (aty to be noticed) (Froccaro, James) (Entered: 03/22/2012) | |||
| 2012-03-22 | 21 | 0 | FIRST ANSWER to 1 Complaint, by Professional Billing Services. (Froccaro, James) (Entered: 03/22/2012) | |||
| 2012-03-23 | 22 | 0 | Corrected First ANSWER to 1 Complaint, by Inna Lyubronetskaya. (Froccaro, James) (Entered: 03/23/2012) | |||
| 2012-03-23 | 23 | 0 | Letter Motion by Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company (Whitcher, Michael) (Entered: 03/23/2012) | |||
| 2012-04-16 | 24 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Gregory Spektor. (Roth, William) (Entered: 04/16/2012) | |||
| 2012-04-30 | 25 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Gregory Spektor. (Roth, William) (Entered: 04/30/2012) | |||
| 2012-04-30 | 26 | 0 | Letter by Gregory Spektor (Roth, William) (Entered: 04/30/2012) | |||
| 2012-05-07 | 27 | 0 | Letter by Inna Lyubronetskaya (Froccaro, James) (Entered: 05/07/2012) | |||
| 2012-05-16 | 28 | 0 | REPLY in Opposition re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company. (Attachments: # 1 Exhibit 1) (Whitcher, Michael) (Entered: 05/16/2012) | 2012-07-06 19:06:30 | e9f635babcbee51bb67e844c4190d57500c0be8b | |
| 28 | 1 | Exhibit 1 | ||||
| 2012-05-18 | 29 | 0 | REPLY in Opposition re 27 Letter filed by Allstate Indemnity Company, Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Deerbrook Insurance Company. (Whitcher, Michael) (Entered: 05/18/2012) | |||
| 2012-05-26 | 30 | 0 | REPLY to Response to Motion re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Inna Lyubronetskaya. (Froccaro, James) (Entered: 05/26/2012) | 2012-07-06 19:01:41 | 36841cf909419a15eef3d39a5f16ba08a8be0db5 | |
| 2012-06-15 | 31 | 0 | REPLY in Support re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gregory Spektor. (Roth, William) (Entered: 06/15/2012) | 2012-07-06 19:02:48 | 45e4dc7fe1d4953cd121b65b034783b23a9e9f13 | |
| 2013-02-23 | 39 | 0 | ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has conducted a de novo review of the RICO claim analysis and considered Allstate's objections. The Court finds those objections unavailing for the same reasons set forth in the R&R. Neither party has objected to the R&R's recommendation to dismiss Allstate's remaining state law claims, and the Court has found no clear error on the face of the record. Accordingly, the Court grants defendants' motion to dismiss the complain t in its entirety. Allstate's RICO claims are dismissed with prejudice. The Court, furthermore, declines to exercise jurisdiction over the remaining state law claims and dismisses them without prejudice. The Clerk of Court is directed to terminate all pending motions, enter judgment accordingly, and close the case. Ordered by Chief Judge Carol Bagley Amon on 2/21/2013. (fwd for judgment) (Fernandez, Erica) | 2013-02-23 08:42:17 | 69b3d17b66a41de6b4a1333ade7f0aa59b93fb40 |