DiPietro v. 21st Century Oncology Holdings, Inc. et al
Adversary Proceeding
Lead BK case is: 7:17-bk-22770
Lead BK case is: 7:17-bk-22770
| New York Southern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Robert D Drain |
| Case #: | 7:17-ap-08284 |
| Nature of Suit | 65 Bankruptcy - Dischargeability - other 91 Bankruptcy - Declaratory judgment 62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud |
| Case Filed: | Sep 25, 2017 |
| Terminated: | Mar 05, 2019 |
| Last checked: never |
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Defendant
21st Century Oncology Holdings, Inc.
2270 Colonial Blvd.
Fort Myers, FL 33907 |
Represented By
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Defendant
21st Century Oncology, Inc.
2270 Colonial Blvd.
Fort Myers, FL 33907 |
Represented By
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Defendant
21st Century Oncology, LLC
2270 Colonial Blvd.
Fort Myers, FL 33907 |
Represented By
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Plaintiff
David DiPietro
One N. Lexington Avenue
White Plains, NY 10601 |
Represented By
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GPO
Jul 09 2018
Modified Bench Ruling on Motion to Dismiss Signed on 7/9/2018 (related document(s)24, 21, 13, 17, 20, 14, 25, 16). (Li, Dorothy) |
| Docket last updated: 09/18/2024 1:09 PM EDT |
| Tuesday, March 05, 2019 | ||
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misc
Close Adversary Proceeding
Tue 03/05 9:19 AM
Adversary Case 7:17-ap-8284 Closed. This Adversary Proceeding is Closed Subject to the Filing of a Notice of Appeal Within Fourteen (14) Days of the Entry of the Order Terminating this Adversary Proceeding. (Correa, Mimi) |
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| Thursday, September 13, 2018 | ||
| 33 | 33
misc
Case Reassignment Notice (NO BNC NOTICE)
Thu 09/13 9:45 AM
Notice of Case Reassignment From Judge Sean H. Lane to Judge Robert D. Drain. Judge Robert D. Drain added to the case. (Correa, Mimi) |
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| 32 | 32
misc
Case Reassignment Notice (NO BNC NOTICE)
Thu 09/13 9:33 AM
[Disregard--Entered In Error] Notice of Case Reassignment From Judge Robert D. Drain to Judge Sean H. Lane. Judge Sean H. Lane added to the case. (Correa, Mimi). Modified on 9/13/2018 (Correa, Mimi) |
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| Tuesday, July 24, 2018 | ||
| 31 | 31
notice
Notice, Withdrawal
Tue 07/24 3:48 PM
Notice of Withdrawal of Motion for Rehearing and cancellation of hearing filed by Steven R. Schoenfeld on behalf of United States of America Ex Relator David Di Pietro. (Schoenfeld, Steven) |
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| Monday, July 09, 2018 | ||
| 30 | 30
43
pgs
order
Written Opinion
Mon 07/09 9:09 AM
Modified Bench Ruling on Motion to Dismiss Signed on 7/9/2018 . (Li, Dorothy) |
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| Tuesday, July 03, 2018 | ||
| 29 | 29
order
So Ordered Stipulation
Tue 07/03 1:46 PM
Stipulation and Order signed on 7/3/2018 Extending the Time for Plaintiff David Di Pietro to File a Motion to Amend the First Amended Complaint through and including 7/18/2018. (Correa, Mimi) |
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| Thursday, June 28, 2018 | ||
| 28 | 28
notice
Notice, Hearing
Thu 06/28 11:20 AM
Notice of Hearing filed by Steven R. Schoenfeld on behalf of United States of America Ex Relator David Di Pietro. with hearing to be held on 7/30/2018 (check with court for location) (Schoenfeld, Steven) |
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| Friday, June 22, 2018 | ||
| 27 | 27
misc
Letter
Fri 06/22 3:46 PM
Letter stating the United States' limited interest that any dismissal be without prejudice to the United States Filed by Peter M. Aronoff on behalf of United States of America. (Aronoff, Peter) |
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| Monday, June 18, 2018 | ||
| 26 | 26
motion
Motion, Reargument FRCP 59
Mon 06/18 7:24 PM
Motion for Reargument FRCP 59 For Rehearing of Order Granting Motion to Dismiss First Amended Complaint and Clarification filed by Steven R. Schoenfeld on behalf of United States of America Ex Relator David Di Pietro. (Schoenfeld, Steven) |
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| Monday, June 04, 2018 | ||
| 25 | 25
order
Motion, Dismiss Adversary Proceeding
Mon 06/04 1:47 PM
Order signed on 6/4/2018 Granting Reorganized Debtors' Motion to Dismiss First Amended Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. § 1141(d)(6) . (Vargas, Ana) |
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| Thursday, May 03, 2018 | ||
| 24 | 24
misc
Transcript
Thu 05/17 11:26 AM
Transcript regarding Hearing Held on 1/30/2018 11:26 AM RE: Motion to Dismiss Adversary Proceeding/Debtors Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6)..et al... Remote electronic access to the transcript is restricted until 8/1/2018. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.) . Notice of Intent to Request Redaction Deadline Due By 5/10/2018. Statement of Redaction Request Due By 5/24/2018. Redacted Transcript Submission Due By 6/4/2018. Transcript access will be restricted through 8/1/2018. (Ortiz, Carmen) |
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| 23 | 23
163
pgs
misc
Transcript
Thu 05/17 10:11 AM
Transcript regarding Hearing Held on 1/30/2018 11:26 AM RE: Motion to Dismiss Adversary Proceeding/Debtors Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6)..et al... Remote electronic access to the transcript is restricted until 8/1/2018. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.). Notice of Intent to Request Redaction Deadline Due By 5/10/2018. Statement of Redaction Request Due By 5/24/2018. Redacted Transcript Submission Due By 6/4/2018. Transcript access will be restricted through 8/1/2018. (Ortiz, Carmen) |
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| Wednesday, May 02, 2018 | ||
| 22 | 22
notice
Notice, Withdrawal
Wed 05/02 10:48 AM
Notice of Withdrawal of Appearance and Request for Removal From ECF Service Lists filed by Christopher A. Jarvinen on behalf of United States of America Ex Relator David Di Pietro. (Jarvinen, Christopher) |
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| Thursday, March 15, 2018 | ||
| 21 | 21
17
pgs
ans
Memorandum of Law
Thu 03/15 2:10 PM
Memorandum of Law /Debtors' Supplemental Brief in Support of Their Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6) filed by Christopher Marcus on behalf of 21st Century Oncology Holdings, Inc.. (Marcus, Christopher) |
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| Thursday, March 01, 2018 | ||
| 20 | 20
13
pgs
answer
Memorandum of Law
Thu 03/01 3:44 PM
Supplemental Memorandum of Law In Opposition To Debtors' Motion To Dismiss First Amended Complaint To Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6) filed by Jonathan S. Pasternak on behalf of United States of America Ex Relator David Di Pietro. (Pasternak, Jonathan) |
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| Wednesday, January 31, 2018 | ||
| 19 | 19
misc
Affidavit of Service
Wed 01/31 8:51 PM
Affidavit of Service re Debtors' Reply in Support of Their Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6) filed by Kurtzman Carson Consultants LLC.(Kass, Albert) |
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| Friday, January 26, 2018 | ||
| 18 | 18
ans
Response
Fri 01/26 3:17 PM
Response /Debtors' Reply in Support of Their Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6) filed by Christopher Marcus on behalf of 21st Century Oncology Holdings, Inc.. with hearing to be held on 1/30/2018 at 10:00 AM at Courtroom TBA, White Plains Courthouse (RDD) (Marcus, Christopher) |
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| Friday, January 19, 2018 | ||
| 17 | 17
answer
Response
Fri 01/19 4:21 PM
Response to Motion Plaintiff's Opposition To Defendants' Motion To Dismiss First Amended Complaint To Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6) filed by Jonathan S. Pasternak on behalf of United States of America Ex Relator David Di Pietro. (Pasternak, Jonathan) |
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| Tuesday, January 16, 2018 | ||
| 16 | 16
6
pgs
answer
Memorandum of Law
Tue 01/16 12:20 PM
Memorandum of Law Statement of interest of the United States in connection with defendants' motion to dismiss filed by Peter M. Aronoff on behalf of United States of America. (Aronoff, Peter) |
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| Friday, December 15, 2017 | ||
| 15 | 15
misc
Affidavit of Service
Fri 12/15 11:56 PM
Affidavit of Service re Documents Served on December 12, 2017 filed by Kurtzman Carson Consultants LLC.(Kass, Albert) |
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| Tuesday, December 12, 2017 | ||
| 14 | 14
answer
Declaration
Tue 12/12 3:15 PM
Declaration of Michael P. Esser in Support of Debtors' Motion to Dismiss the First Amended Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6) filed by Christopher Marcus on behalf of 21st Century Oncology Holdings, Inc.. with hearing to be held on 1/22/2018 at 10:00 AM at Courtroom TBA, White Plains Courthouse (RDD) (Marcus, Christopher) |
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| 13 | 13
motion
Motion, Dismiss Adversary Proceeding
Tue 12/12 3:09 PM
Motion to Dismiss Adversary Proceeding /Debtors' Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Section 1141(d)(6) filed by Christopher Marcus on behalf of 21st Century Oncology Holdings, Inc.. with hearing to be held on 1/22/2018 at 10:00 AM at Courtroom TBA, White Plains Courthouse (RDD) (Marcus, Christopher) |
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| Tuesday, November 28, 2017 | ||
| 12 | 12
ans
Statement
Tue 11/28 3:22 PM
Statement / Acceptance and Waiver of Service of Process filed by Steven R. Schoenfeld on behalf of United States of America Ex Relator David Di Pietro. (Schoenfeld, Steven) |
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| Wednesday, November 22, 2017 | ||
| 11 | 11
cmp
Amended Complaint
Wed 11/22 9:53 AM
Amended Complaint against all defendants Filed by Jonathan S. Pasternak on behalf of United States of America Ex Relator David Di Pietro. (Pasternak, Jonathan) |
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Att: 1
Exhibit A Proposed First Amended Qui Tam Complaint
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| Friday, November 10, 2017 | ||
| 10 | 10
misc
Transcript
Mon 11/20 3:49 PM
Transcript regarding Hearing Held on 11/09/17 at 10:04 AM RE: Status Conference. Remote electronic access to the transcript is restricted until 2/8/2018. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.). Notice of Intent to Request Redaction Deadline Due By 11/17/2017. Statement of Redaction Request Due By 12/1/2017. Redacted Transcript Submission Due By 12/11/2017. Transcript access will be restricted through 2/8/2018. (Cales, Humberto) |
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| Wednesday, November 08, 2017 | ||
| 9 | 9
misc
Affidavit of Service
Wed 11/08 10:31 PM
Affidavit of Service re Debtors Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. §§ 523(a)(2)(A) and 1141(d)(6) filed by Kurtzman Carson Consultants LLC.(Kass, Albert) |
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| Friday, November 03, 2017 | ||
| 8 | 8
motion
Motion, Dismiss Adversary Proceeding
Fri 11/03 8:43 PM
Motion to Dismiss Adversary Proceeding /Debtors' Motion to Dismiss Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. Sections 523(a)(2)(A) and 1141(d)(6) filed by Christopher Marcus on behalf of 21st Century Oncology Holdings, Inc.. with hearing to be held on 12/19/2017 at 10:00 AM at Courtroom TBA, White Plains Courthouse (RDD) Responses due by 12/12/2017, (Marcus, Christopher) |
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Att: 1
Notice of Hearing
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Att: 2
Proposed Order
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Att: 3
Declaration
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Att: 4
Exhibit A
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Att: 5
Exhibit B
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Att: 6
Exhibit C
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Att: 7
Exhibit D
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Att: 8
Exhibit E
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| Monday, October 23, 2017 | ||
| 7 | 7
misc
Letter
Mon 10/23 10:25 PM
Letter Letter to Judge Drain Filed by Christopher Marcus on behalf of 21st Century Oncology Holdings, Inc.. (Marcus, Christopher) |
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| Wednesday, October 18, 2017 | ||
| 6 | 6
ans
Statement
Wed 10/18 4:01 PM
Statement / Acceptance and Waiver of Service of Process for Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. §§ 523(a)(2) and 1141 (d)(6) and Notice of Pretrial Conference filed by Steven R. Schoenfeld on behalf of 21st Century Oncology Holdings, Inc., 21st Century Oncology, Inc., 21st Century Oncology, LLC. (Schoenfeld, Steven) |
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| Monday, October 02, 2017 | ||
| 5 | 5
misc
Affidavit of Service
Mon 10/02 10:00 AM
Affidavit of Service Filed by Steven R. Schoenfeld on behalf of United States of America Ex Relator David Di Pietro. (Schoenfeld, Steven) |
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| Friday, September 29, 2017 | ||
| 4 | 4
notice
Notice, Appearance
Fri 09/29 3:49 PM
Notice of Appearance filed by Christopher A. Jarvinen on behalf of United States of America Ex Relator David Di Pietro. (Jarvinen, Christopher) |
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| 3 | 3
notice
Notice, Appearance in Adversary Proceeding
Fri 09/29 3:41 PM
Notice of Appearance in Adversary Proceeding filed by Christopher A. Jarvinen on behalf of United States of America Ex Relator David Di Pietro. (Jarvinen, Christopher) |
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| Wednesday, September 27, 2017 | ||
| 2 | 2
cmp
Auto Summons and Notice of Pre-Trial Conference
Wed 09/27 2:03 PM
Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 11/9/2017 at 10:00 AM at Courtroom 118, White Plains Courthouse, Answer due by 10/27/2017. (Correa, Mimi) |
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| Monday, September 25, 2017 | ||
| 1 | 1
cmp
Complaint (fee)
Mon 09/25 4:37 PM
Adversary case 17-08284 Complaint against 21st Century Oncology Holdings, Inc., 21st Century Oncology, Inc., 21st Century Oncology, LLC (Fee Amount $ 350.). Nature(s) of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (65 (Dischargeability - other)), (91 (Declaratory judgment)) Filed by Jonathan S. Pasternak on behalf of David DiPietro. (Pasternak, Jonathan) |
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Att: 1
30 pgs
Exhibit A - Complaint
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Att: 2
Exhibit B - Order Unsealing Qui Tam Complaint
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Att: 3
Exhibit C - Proposed First Amended Complaint
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