Case details

Court: nyed
Docket #: 1:16-cv-02292
Case Name: Government Employees Insurance Company et al v. Genesis Ortho Supply Corp. et al
PACER case #: 385073
Date filed: 2016-05-06
Assigned to: Judge Nicholas G. Garaufis
Referred to: Chief Mag. Judge Roanne L. Mann
Case Cause: 28:1332 Diversity-Racketeering (RICO) Act
Nature of Suit: 470 Racketeer/Corrupt Organization
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Government Employees Insurance Company
Plaintiff
Barry I. Levy
Rivkin Radler LLP 926 RXR Plaza Uniondale, NY 11556-0926 516 357 3149 Fax: 516 357-3333 Email: barry.levy@rivkin.com
ATTORNEY TO BE NOTICED

Joshua D Smith
Rivkin Radler LLP 926 Rxr Plaza Uniondale, NY 11556 516-357-3246 Fax: 516-357-3333 Email: joshua.smith@rivkin.com
ATTORNEY TO BE NOTICED

Justin A. Calabrese
Rivkin Radler LLP 926 RXR Plaza Uniondale, NY 11556-0926 (516)357-3000 Fax: (516)357-3333 Email: justin.calabrese@rivkin.com
ATTORNEY TO BE NOTICED

Michael A. Sirignano
Rivkin, Radler LLP 926 RXR Plaza Uniondale, NY 11556-0926 516-357-3073 Fax: 516-357-3333 Email: michael.sirignano@rivkin.com
ATTORNEY TO BE NOTICED

Geico Indemnity Company,
Plaintiff
Barry I. Levy
(See above for address)
ATTORNEY TO BE NOTICED

Joshua D Smith
(See above for address)
ATTORNEY TO BE NOTICED

Justin A. Calabrese
(See above for address)
ATTORNEY TO BE NOTICED

Michael A. Sirignano
(See above for address)
ATTORNEY TO BE NOTICED

Geico General Insurance Company
Plaintiff
Barry I. Levy
(See above for address)
ATTORNEY TO BE NOTICED

Joshua D Smith
(See above for address)
ATTORNEY TO BE NOTICED

Justin A. Calabrese
(See above for address)
ATTORNEY TO BE NOTICED

Michael A. Sirignano
(See above for address)
ATTORNEY TO BE NOTICED

Geico Casualty Company
Plaintiff
Barry I. Levy
(See above for address)
ATTORNEY TO BE NOTICED

Joshua D Smith
(See above for address)
ATTORNEY TO BE NOTICED

Justin A. Calabrese
(See above for address)
ATTORNEY TO BE NOTICED

Michael A. Sirignano
(See above for address)
ATTORNEY TO BE NOTICED

Genesis Ortho Supply Corp.
Defendant
c/o Rouslan Gavine 8000 Cooper Ave, Suite 4 Glendale, NY 11385
Gary Tsirelman
Gary Tsirelman P.C. 129 Livingston Street Brooklyn, NY 11201 (718) 438-1200 Fax: (718) 438-8883 Email: gtsirelman@gtmdjd.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas Paul Bowers
Gary Tsirelman, P.C. 129 Livingston Street Brooklyn, NY 11201 718-438-1200 Fax: 718-438-8883 Email: nbowers@gtmdjd.com
ATTORNEY TO BE NOTICED

Gavine Rouslan
Defendant
Gary Tsirelman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas Paul Bowers
(See above for address)
ATTORNEY TO BE NOTICED

Horizon Ortho Supply Corp.
Defendant
c/o Narmina Alieva 815 Avenue H Brooklyn, NY 11230
Narmina Alieva
Defendant
Gary Tsirelman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas Paul Bowers
(See above for address)
ATTORNEY TO BE NOTICED

Randall Rogg
Defendant
Randall Rogg
55 Cherry Ln Suite 100 Carle Place, NY 11514 PRO SE

Valeriya Nevmatullina
Defendant
Valeriya Nevmatullina
2021 84th St Apt 5G Brooklyn, NY 11214-2437 PRO SE

Mark McMahon, M.D.
Defendant
Charles H. Horn
Russell Friedman & Associates LLP 3000 Marcus Avenue, Suite 2E3 Lake Success, NY 11042 516-355-9696 Fax: 516-355-9697 Email: chorn@rfriedmanlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander H. Mun
Russell Friedman & Associates LLP 3000 Marcus Avenue Suite 2e03 New Hyde Park, NY 11042 516-355-9643 Fax: 516-355-9679 Email: amun@rfriedmanlaw.com
ATTORNEY TO BE NOTICED

Laxmidhar Diwan, M.D.
Defendant
Charles H. Horn
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander H. Mun
(See above for address)
ATTORNEY TO BE NOTICED

Horizon Ortho Supply Corp.
Defendant
c/o Narmina Alieva 815 Avenue H Brooklyn, NY 11230
Horizon Ortho Supply Corp.
Defendant
c/o Narmina Alieva 815 Avenue H Brooklyn, NY 11230
Nicholas Paul Bowers
(See above for address)
ATTORNEY TO BE NOTICED

Horizon Ortho Supply Corp.
Defendant
c/o Narmina Alieva 815 Avenue H Brooklyn, NY 11230
Gary Tsirelman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas Paul Bowers
(See above for address)
ATTORNEY TO BE NOTICED

Horizon Ortho Supply Corp.
Defendant
c/o Narmina Alieva 815 Avenue H Brooklyn, NY 11230
Gary Tsirelman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas Paul Bowers
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-05-06 1 0 COMPLAINT - request that Court process the attached Proposed Summons - against All Defendants filing fee $ 400, receipt number 0207-8589831 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9) (Sirignano, Michael) Modified Sealed plaintiff's redacted Complaint has been filed, see DE #48 on 10/26/2016 (Maynard, Pat). (Entered: 05/06/2016)
1 1 Civil Cover Sheet
1 2 Proposed Summons
1 3 Exhibit 1
1 4 Exhibit 2
1 5 Exhibit 3
1 6 Exhibit 4
1 7 Exhibit 5
1 8 Exhibit 6
1 9 Exhibit 7
1 10 Exhibit 8
1 11 Exhibit 9
2016-05-06 2 0 NOTICE of Appearance by Barry I. Levy on behalf of All Plaintiffs (aty to be noticed) (Levy, Barry) (Entered: 05/06/2016)
2016-05-06 3 0 NOTICE of Appearance by Justin A. Calabrese on behalf of All Plaintiffs (aty to be noticed) (Calabrese, Justin) (Entered: 05/06/2016)
2016-05-09 4 0 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 05/09/2016)
2016-05-09 5 0 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 05/09/2016)
2016-05-09 6 0 Summons Issued as to All Defendants. (Davis, Kimberly) (Entered: 05/09/2016)
2016-05-13 7 0 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. Horizon Ortho Supply Corp. served on 5/11/2016, answer due 6/1/2016. (Levy, Barry) (Entered: 05/13/2016)
2016-05-13 8 0 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. Genesis Ortho Supply Corp. served on 5/11/2016, answer due 6/1/2016. (Levy, Barry) (Entered: 05/13/2016)
2016-05-23 9 0 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. Mark McMahon, M.D. served on 5/21/2016, answer due 6/13/2016. (Sirignano, Michael) (Entered: 05/23/2016)
2016-05-23 10 0 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. Randall Rogg served on 5/21/2016, answer due 6/13/2016. (Sirignano, Michael) (Entered: 05/23/2016)
2016-05-23 11 0 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. Laxmidhar Diwan, M.D. served on 5/21/2016, answer due 6/13/2016. (Sirignano, Michael) (Entered: 05/23/2016)
2016-05-25 12 0 NOTICE of Appearance by Charles H. Horn on behalf of Mark McMahon, M.D. (aty to be noticed) (Horn, Charles) (Entered: 05/25/2016)
2016-05-25 13 0 ANSWER to 1 Complaint,, by Mark McMahon, M.D.. (Horn, Charles) (Entered: 05/25/2016)
2016-05-25 14 0 NOTICE of Appearance by Charles H. Horn on behalf of Laxmidhar Diwan, M.D. (aty to be noticed) (Horn, Charles) (Entered: 05/25/2016)
2016-05-25 15 0 ANSWER to 1 Complaint,, by Laxmidhar Diwan, M.D.. (Horn, Charles) (Entered: 05/25/2016)
2016-05-27 16 0 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. Valeriya Nevmatullina served on 5/23/2016, answer due 6/13/2016. (Levy, Barry) (Entered: 05/27/2016)
2016-05-27 17 0 SUMMONS Returned Executed by Geico General Insurance Company, Geico Indemnity Company,, Geico Casualty Company, Government Employees Insurance Company. Gavine Rouslan served on 5/26/2016, answer due 6/16/2016. (Levy, Barry) (Entered: 05/27/2016)
2016-05-27 18 0 SCHEDULING ORDER: An Initial Conference is set for 7/7/2016 at 02:00 PM in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. PLEASE SEE ATTACHED CONFERENCE REQUIREMENTS. Ordered by Chief Mag. Judge Roanne L. Mann on 5/27/2016. (Williams, Jennifer) (Entered: 05/27/2016)
2016-06-01 19 0 MOTION for Extension of Time to File Answer re 1 Complaint,, by Valeriya Nevmatullina. (Lee, Tiffeny) (Entered: 06/02/2016) 2016-11-14 17:48:13 d70ddc93fce8340f434c123445c4de3520b55ac8
2016-06-01 20 0 MOTION for Extension of Time to File Answer re 1 Complaint,, by Randall Rogg. (Lee, Tiffeny) (Entered: 06/02/2016)
2016-06-01 21 0 MOTION for Extension of Time to File Answer re 1 Complaint,, by Gavine Rouslan. (Lee, Tiffeny) (Entered: 06/02/2016)
2016-06-01 22 0 MOTION for Extension of Time to File Answer re 1 Complaint,, by Genesis Ortho Supply Corp.. (Lee, Tiffeny) (Entered: 06/02/2016)
2016-06-01 23 0 MOTION for Extension of Time to File Answer re 1 Complaint,, by Narmina Alieva. (Lee, Tiffeny) (Entered: 06/02/2016)
2016-06-01 24 0 MOTION for Extension of Time to File Answer re 1 Complaint,, by Horizon Ortho Supply Corp.. (Lee, Tiffeny) (Entered: 06/02/2016) 2016-08-16 12:47:01 8f4440daa4eca77f82d973f07d317cdecda8b857
2016-06-30 25 0 Mail Returned as Undeliverable, June 3, 2016 Order of Chief Magistrate Judge Mann. Mail sent to Gavine Rouslan c/o Genesis Ortho Supply Corp., 8000 Cooper Ave. Suite 4, Glendale, NY 11385. (Lee, Tiffeny) (Entered: 06/30/2016)
2016-07-06 26 0 Letter MOTION to Adjourn Conference by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company. (Calabrese, Justin) (Entered: 07/06/2016) 2016-08-16 12:49:16 fe69f664ac332785679a3971b09bd38af66dd300
2016-07-20 27 0 STATUS REPORT by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company (Calabrese, Justin) (Entered: 07/20/2016)
2016-08-02 28 0 ORDER re 27 Status Report filed by Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company, Geico Casualty Company. Plaintiffs' July 20th status reports represents that plaintiffs expect to complete a settlement with the "DME Defendants" within the next two weeks. Although an earlier letter from plaintiffs, dated July 6, 2016, advised that the anticipated settlement with the DME Defendants would also "affect the claims" against defendants Mark McMahon and Laxmidhar Diwan, the July 10th report is silent as to the status of plaintiffs' claims against McMahon and Diwan. Plaintiffs are directed to cure that omission, and file a further status report, by August 5, 2016 ( see attached Order ). Ordered by Chief Mag. Judge Roanne L. Mann on 8/2/2016. (Maynard, Pat) (Entered: 08/02/2016)
2016-08-05 29 0 STATUS REPORT by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company (Calabrese, Justin) (Entered: 08/05/2016) 2016-08-15 14:11:20 8a9b18508ffd62e63fa730bb9d58cb12bf4adc21
2016-08-10 30 0 MOTION for Hearing. STATUS REPORT against Defendants Horizon Ortho Supply Corp., Genesis Ortho Supply Corp., Gavine Rouslan, Narmina Alieva, Randall Rogg, and Valeriya Nevmatullina and request for Initial Conference by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company (Calabrese, Justin) Modified as a motion on 8/11/2016 (Maynard, Pat). (Entered: 08/10/2016) 2016-08-19 02:54:29 0d290550a508829a8038a24d3c59eab66bb0ab68
2016-08-11 31 0 SCHEDULING ORDER: Initial Conference set for 9/20/2016 at 11:30 AM in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE . Ordered by Chief Mag. Judge Roanne L. Mann on 8/11/2016. (Attachments: # 1 Individual Rules of MJ Mann) (Maynard, Pat) (Entered: 08/11/2016)
2016-08-12 32 0 AFFIDAVIT of Service for Notice of Electronic Order Granting Motion for Hearing and The Scheduling Order served on Gavine Rouslan, Narmina Alieva, Randall Rogg and Valeriya Nevmatullina on 8/12/16, filed by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company. (Calabrese, Justin) (Entered: 08/12/2016)
2016-08-22 33 0 DECLARATION of Justin A. Calabrese by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company (Calabrese, Justin) (Entered: 08/22/2016)
2016-08-22 34 0 Mail Returned as Undeliverable, 8/11/2016 Order of Chief Magistrate Judge Mann. Mail sent to Gavine Rouslan, Genesis Ortho Supply Corp. at 8000 Cooper Ave, Suite 4, Glendale, NY, 11385. (Lee, Tiffeny) (Entered: 08/23/2016)
2016-08-26 35 0 NOTICE of Appearance by Nicholas Paul Bowers on behalf of Narmina Alieva, Genesis Ortho Supply Corp., Horizon Ortho Supply Corp., Gavine Rouslan (aty to be noticed) (Bowers, Nicholas) (Entered: 08/26/2016)
2016-08-26 36 0 MOTION for pre motion conference by Narmina Alieva, Genesis Ortho Supply Corp., Horizon Ortho Supply Corp., Gavine Rouslan. (Bowers, Nicholas) (Entered: 08/26/2016)
2016-09-06 37 0 AFFIDAVIT of Service for Notice of Electronic Order Granting Motion For Hearing and the Scheduling Order served on Gavine Rouslan on 8/26/16, filed by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company. (Calabrese, Justin) (Entered: 09/06/2016)
2016-09-07 38 0 Letter by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company (Calabrese, Justin) (Entered: 09/07/2016)
2016-09-08 39 0 NOTICE of Appearance by Joshua D Smith on behalf of All Plaintiffs (aty to be noticed) (Smith, Joshua) (Entered: 09/08/2016)
2016-09-09 40 0 Letter MOTION to Adjourn Conference by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company. (Calabrese, Justin) (Entered: 09/09/2016)
2016-09-19 41 0 NOTICE of Appearance by Alexander H. Mun on behalf of Laxmidhar Diwan, M.D. (aty to be noticed) (Mun, Alexander) (Entered: 09/19/2016)
2016-09-19 42 0 NOTICE of Appearance by Alexander H. Mun on behalf of Mark McMahon, M.D. (aty to be noticed) (Mun, Alexander) (Entered: 09/19/2016)
2016-09-20 43 0 NOTICE of Appearance by Gary Tsirelman on behalf of Narmina Alieva, Genesis Ortho Supply Corp., Horizon Ortho Supply Corp., Gavine Rouslan (aty to be noticed) (Tsirelman, Gary) (Entered: 09/20/2016)
2016-09-21 44 0 SCHEDULING ORDER: Initial Conference set for 10/5/2016 at 9:30 AM in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE . Ordered by Chief Mag. Judge Roanne L. Mann on 9/21/2016. (Attachments: # 1 Individual Rules of MJ Mann) (Maynard, Pat) (Entered: 09/21/2016)
2016-10-10 45 0 MOTION to Adjourn Conference by Narmina Alieva, Genesis Ortho Supply Corp., Gavine Rouslan. (Bowers, Nicholas) (Entered: 10/10/2016)
2016-10-25 46 0 Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann:Settlement Conference held on 10/25/2016. The parties are directed to respond to the Court's settlement proposal by tomorrow. ( If the case does not settle, see attached Minute Entry for additional scheduling ). (Maynard, Pat) (Entered: 10/25/2016)
2016-10-26 47 0 TRANSCRIPT of Proceedings held on October 25, 2016, before Judge Mann. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/16/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/24/2017. (Rocco, Christine) (Entered: 10/26/2016)
2016-10-26 48 0 REDACTION to 1 Complaint,, by Geico Casualty Company, Geico General Insurance Company, Geico Indemnity Company,, Government Employees Insurance Company (Calabrese, Justin) (Entered: 10/26/2016)
2016-10-26 49 0 ORDER re 46 Settlement Conference. The parties have informed this Court that they have accepted its settlement proposal. They are directed to file a Stipulation of Discontinuance with the Clerk of the Court via ECF no later than November 25, 2016. See attached Order. Ordered by Chief Mag. Judge Roanne L. Mann on 10/26/2016. (Pauley, Anders) Modified on 10/26/2016 (Pauley, Anders). (Entered: 10/26/2016)