State Farm Mutual Automobile Insurance Company et al v. Jules Parisien, M.D. et al

Filing 207

ORDER granting 199 Notice of MOTION for Preliminary Injunction - NOTICE OF MOTION TO ENFORCE PRELIMINARY INJUNCTION AND STAY; Filed filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company Ordered by Judge I. Leo Glasser on 11/8/2019. (Schneyer, David)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------x
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY and STATE
FARM FIRE AND CASUALTY COMPANY
ORDER
Plaintiffs,
-againstCV-18-289 (ILG)
JULES PARISIEN, M.D., et. al.
Defendants.
---------------------------------------------------------x
GLASSER, Senior United States District Judge:
On November 26, 2018, this Court issued a preliminary injunction which temporarily
stayed Defendants’ right to further commence and prosecute any no-fault arbitrations and state
court actions. (ECF No. 112).
On November 1, 2019, Plaintiffs moved this Court to enforce the injunction, alleging its
violation by four Defendants.1 (ECF Nos. 199, 200). Exhibit A to Plaintiffs’ memorandum of law
lists six motions pending in New York state court, filed by those Defendants after the injunction
took effect.2 (ECF No. 200-1). A hearing was held on Plaintiffs’ motion, at the conclusion of which
the Court found the injunction was willfully and unjustifiably violated. (ECF No. 203).
Plaintiffs’ motion is GRANTED in its entirety. Defendants are ordered to withdraw the
state court motions. They are further ordered to pay Plaintiffs’ attorney any fees and costs incurred
in making this motion, pending his submission of an affidavit specifying the amounts due.

1

Plaintiffs allege violation by Defendants Charles Deng Acupuncture, P.C. (“Deng”), Francois
Jules Parisien, M.D. (“Parisien”), Darren Mollo, D.C. (“Mollo”) and Oleg Rybak (“Rybak”). (ECF
No. 200 at 2).
2

Of the six state court motions, three are brought by Parisien, two by Deng and one by Mollo.
All are supported by sworn affidavits by Rybak, as their attorney. (Id.)
1

SO ORDERED.
Dated: Brooklyn, New York
November 8, 2019
/s/
I. Leo Glasser

2

U.S.D.J.