Allstate Insurance Company et al v Medical Supply Depot Group Corp et al
| New York Eastern District Court | |
| Judge: | Brian M Cogan |
| Case #: | 1:21-cv-03534 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1961 Racketeering (RICO) Act |
| Case Filed: | Jun 23, 2021 |
| Terminated: | Sep 01, 2021 |
| Last checked: Monday Dec 20, 2021 4:31 AM EST |
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Defendant
ABC Corporations 1 through 5
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Defendant
John Does 1 Through 5
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Defendant
Nikolay Malinin
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Represented By
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Defendant
Medical Supply Depot Group Corp
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Represented By
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Plaintiff
Allstate Fire and Casualty Insurance Company
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Represented By
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Plaintiff
Allstate Insurance Company
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Represented By
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Plaintiff
Allstate Property And Casualty Insurance Company
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Represented By
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Plaintiff
Allstate Indemnity Company
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Represented By
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GPO
Jun 23 2021
ORDER directing The Clerk is requested to (a) terminate all defendants in this action except Quality Med Equip Inc., Anzhelika Dzhurayeva, John Does 1 through 5, and ABC Corporations 1 through 5; (b) open separate index numbers for each of the group of plaintiffs and defendants listed as Groups 2 through 26 in the Group A Schedule annexed to plaintiffs' response (the new cases) ; (c) file this Order as the initial filing in each of the new cases; and (d) have each new case randomly assigned to a District Judge and Magistrate Judge. Ordered by Judge Brian M. Cogan on 6/22/2021. (Attachments: # (1) Schedeule A) (Marziliano, August) |
| Docket last updated: 07/07/2024 11:59 PM EDT |
| Wednesday, October 20, 2021 | ||
| 17 | 17
2
pgs
order
Order on Motion to Amend/Correct/Supplement
Wed 10/20 1:55 PM
ORDER granting16 Motion to Amend Stipulation and Order of Voluntary Dismissal with prejudice solely as to Nikolay Malnin and Medical Supply Depot Group Corp. ( Ordered by Judge Brian M. Cogan on 10/20/2021 ) (Guzzi, Roseann) (Main Document 17 replaced on 10/20/2021) (Guzzi, Roseann) |
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| 16 | 16
motion
Amend/Correct/Supplement
Wed 10/20 12:03 PM
MOTION to Amend/Correct/Supplement14 Stipulation of Dismissal by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. (Pinzow, Lee) |
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Att: 1
Exhibit A: Amended Stipulation and Proposed Order of Dismissal
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| Thursday, October 14, 2021 | ||
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order
Order on Motion for Leave to Electronically File Document under Seal
Thu 10/14 5:38 PM
ORDER denying15 . Plaintiffs have failed to make any showing that whatever interest they have in keeping the Agreement confidential outweighs the presumption of a public right of access to court filings. "A party may overcome the presumption of access by demonstrating that sealing will further other substantial interests such as a third party's personal privacy interests, the public's safety, or preservation of attorney-client privilege." Under Seal v. Under Seal , 273 F. Supp. 3d 460, 467 (S.D.N.Y. 2017) (collecting cases). As to whether the Court should retain jurisdiction to enforce the Agreement without it having been publicly filed, the Court recognizes that it has discretion to do so but finds no reason why it should. Plaintiffs' statement that "any subsequent action, if necessary, to enforce compliance with the Agreement's terms would be before a court unfamiliar with the salient issues underlying the Agreement" is disingenuous -- plaintiffs offered a stipulation by which the Court would retain jurisdiction even though it had never seen the Agreement or had any knowledge of its terms or the process by which a settlement was reached. Thus, unless this Court conducts a review of the Agreement (which it has not done), it would be in no better position to hear an enforcement motion than any other Court. Because plaintiffs' exhibited submission of the Agreement was conditional, and because the Court has not reviewed it, it may remain under seal. However, the Court will not retain jurisdiction to enforce it unless the Agreement is publicly filed. Ordered by Judge Brian M. Cogan on 10/14/2021. (Weisberg, Peggy) |
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| Wednesday, October 13, 2021 | ||
| 15 | 15
motion
Leave to Electronically File Document under Seal
Wed 10/13 4:51 PM
MOTION for Leave to Electronically File Document under Seal by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. (Pinzow, Lee) |
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Att: 1
Exhibit A
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| Tuesday, October 12, 2021 | ||
| 14 | 14
misc
Stipulation of Dismissal
Tue 10/12 12:00 PM
STIPULATION of Dismissal and Proposed Order of Dismissal by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company (Pinzow, Lee) |
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order
Order(Other)
Tue 10/12 7:07 PM
ORDER re:14 Stipulation of Dismissal. The Court declines to So Order the proposed stipulation. The Court was not involved in the parties' settlement discussions and indeed does not even know any terms of the settlement, so there is no reason why the Court retain jurisdiction to enforce. By 10/20/2021, the parties shall either publicly file the settlement agreement and the Court will then determine if there is any reason why it should assert jurisdiction over it, or the parties may advise the Court that they are deleting the paragraph regarding continuing jurisdiction from the stipulation. Ordered by Judge Brian M. Cogan on 10/12/2021. (Weisberg, Peggy) |
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| Friday, October 01, 2021 | ||
| 13 | 13
motion
Extension of Time to File Document
Fri 10/01 1:01 PM
MOTION for Extension of Time to File Request to Reinstate this Action by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. (Pinzow, Lee) |
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order
Order on Motion for Extension of Time to File
Fri 10/01 2:42 PM
ORDER granting13 . The Court retains jurisdiction to So Order any settlement documents if they are submitted by 10/15/2021. Ordered by Judge Brian M. Cogan on 10/1/2021. (Weisberg, Peggy) |
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| Wednesday, September 01, 2021 | ||
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order
Order Dismissing Case
Wed 09/01 11:08 AM
MINUTE ENTRY for telephone status conference and ORDER DISMISSING CASE. Status conference held on 9/1/21. Both sides present. The parties advised the Court that they have settled. The case is therefore dismissed, subject to reinstatement at the request of any party within 30 days. The Court retains jurisdiction to So Order any settlement documents if they are submitted within this period. Ordered by Judge Brian M. Cogan on 9/1/2021. (Cogan, Brian) |
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| Wednesday, August 25, 2021 | ||
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minutes
Initial Conference Hearing ~Util - Set Hearings
Wed 08/25 12:08 PM
Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 8/25/2021. Both sides present by telephone. The Initial Status Conference is adjourned to 9/1/2021 at 11:00 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 3534#. (Weisberg, Peggy) |
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| Tuesday, August 24, 2021 | ||
| 12 | 12
misc
Report of Rule 26(f) Planning Meeting
Tue 08/24 3:51 PM
REPORT of Rule 26(f) Planning Meeting (Pinzow, Lee) |
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| 11 | 11
misc
Letter
Tue 08/24 10:07 AM
Letter Supplemental Submission by Nikolay Malinin, Medical Supply Depot Group Corp (Conroy, Matthew) |
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| Friday, August 20, 2021 | ||
| 10 | 10
misc
Letter
Fri 08/20 3:06 PM
Letter Joint letter re: Initial Conference by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company (McKenney, James) |
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| 9 | 9
motion
Extension of Time to File Answer
Fri 08/20 8:38 AM
First MOTION for Extension of Time to File Answer re2 Complaint, to September 24, 2021 by Nikolay Malinin, Medical Supply Depot Group Corp. (Conroy, Matthew) |
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order
Order on Motion for Extension of Time to Answer
Fri 08/20 2:40 PM
ORDER granting9 . Defendants' Medical Supply Depot Group Corp. and Malinin's time to answer is extended to 9/24/2021. The parties are reminded of their obligations to comply with the mandatory requirements at4 with regard to the 8/25/2021 Initial Status Conference which includes filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 8/20/2021. (Weisberg, Peggy) |
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order
Order(Other)
Fri 08/20 4:00 PM
ORDER re:10 . Defendants' portion of the letter is wholly inadequate. A blanket denial is not enough, and defendants must provide more detail about the bases for their contentions. Defendants are ordered to submit a supplemental letter describing the factual and legal bases for those defenses at least 24 hours before the Initial Status Conference, or the Court will find that defendants have willfully failed to comply with this Court's Order for the Initial Status Conference and will impose an appropriate preclusion order under Federal Rule of Civil Procedure 16(f). Ordered by Judge Brian M. Cogan on 8/20/2021. (Weisberg, Peggy) |
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| Thursday, August 19, 2021 | ||
| 8 | 8
notice
Notice of Appearance
Thu 08/19 3:12 PM
NOTICE of Appearance by Matthew J. Conroy on behalf of Nikolay Malinin, Medical Supply Depot Group Corp (aty to be noticed) (Conroy, Matthew) |
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| Wednesday, August 11, 2021 | ||
| 7 | 7
service
Summons Returned Executed
Wed 08/11 5:38 PM
SUMMONS Returned Executed by Allstate Indemnity Company, Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. Nikolay Malinin served on 8/4/2021, answer due 8/25/2021. (McKenney, James) |
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| 6 | 6
service
Summons Returned Executed
Wed 08/11 5:33 PM
SUMMONS Returned Executed by Allstate Indemnity Company, Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. Medical Supply Depot Group Corp served on 8/3/2021, answer due 8/24/2021. (McKenney, James) |
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| Monday, July 19, 2021 | ||
| 5 | 5
service
Summons Issued
Mon 07/19 2:32 PM
Summons Issued as to Nikolay Malinin, Medical Supply Depot Group Corp. (Guzzi, Roseann) |
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| Tuesday, July 13, 2021 | ||
| 4 | 4
order
Scheduling Order
Tue 07/13 4:28 PM
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 8/25/2021 at 9:30 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 3534#. The parties are directed to comply with the attached mandatory requirements including filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 7/13/2021. (Weisberg, Peggy) |
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| 3 | 3
misc
Corporate Disclosure Statement
Tue 07/13 1:04 PM
Corporate Disclosure Statement by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. (Pinzow, Lee) |
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| 2 | 2
cmp
Complaint
Tue 07/13 1:03 PM
COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14651401 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Allstate Indemnity Company, Allstate Fire and Casualty Insurance Company, Allstate Insurance Company, Allstate Property And Casualty Insurance Company. (Pinzow, Lee) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Appendix,
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Att: 4
Compendium of Exhibits
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| Wednesday, June 23, 2021 | ||
| 1 | 1
order
Order(Other)
Wed 06/23 9:06 AM
ORDER directing The Clerk is requested to (a) terminate all defendants in this action except Quality Med Equip Inc., Anzhelika Dzhurayeva, John Does 1 through 5, and ABC Corporations 1 through 5; (b) open separate index numbers for each of the group of plaintiffs and defendants listed as Groups 2 through 26 in the Group A Schedule annexed to plaintiffs' response (the new cases) ; (c) file this Order as the initial filing in each of the new cases; and (d) have each new case randomly assigned to a District Judge and Magistrate Judge. Ordered by Judge Brian M. Cogan on 6/22/2021. (Marziliano, August) |
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Att: 1
Schedeule A
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