Marc Everett MD PC v. Cigna Health and Life Insurance Company

Filing 12

ORDER granting 9 Letter Motion for Conference re: 9 LETTER MOTION for Conference (Request for Pre-Motion to Dismiss Conference) addressed to Judge Paul G. Gardephe from Gregory J. Bennici dated December 19, 2022., 11 JOINT LET TER MOTION to Adjourn Conference (Initial Conference) addressed to Judge Paul G. Gardephe from Gregory J. Bennici and Michael Gottlieb dated January 12, 2023. ; granting 11 Letter Motion to Adjourn Conference Plaintiff will file the amen ded complaint by January 24, 2023. Defendant will file a letter indicating whether it plans to move to dismiss the amended complaint by January 27, 2023. The conference scheduled for January 19, 2023 is adjourned to February 2, 2023 at 10:30 a.m. The Clerk of Court is directed to terminate the motions at Dkt. Nos. 9 and 11 as moot. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 1/17/2023) ( Initial Conference set for 2/2/2023 at 10:30 AM before Judge Paul G. Gardephe.) (ks)

Case 1:22-cv-08749-PGG Document 12
11 Filed 01/17/23
01/12/23 Page 1 of 2
1
GREGORY J. BENNICI
1055 Washington Boulevard
Stamford, CT 06901-2249
Main [phone]
Fax [phone]
[e-mail]
Direct [phone]
Also admitted in New York

By ECF
January 12, 2023
The Honorable Judge Paul G. Gardephe
United States District Court
Southern District of New York
40 Foley Square, Room 2204
New York, New York 10007
Re: Marc Everett MD PC v. Cigna Health and Life Insurance Company
Case No. 1:22-cv-08749-PGG
Joint Motion For Adjournment Of Initial Conference
Dear Judge Gardephe:
Plaintiff Marc Everett MD PC (“Plaintiff”) and Defendant Cigna Health and Life Insurance
Company (“Cigna”) respectfully write to request a forty-two (42) day adjournment of the Initial
Conference scheduled for Thursday, January 19, 2023 at 10:00 AM to Thursday, March 2, 2023,
or at a date after March 2, 2023 that is convenient to the Court.
The parties seek this adjournment in light of Cigna’s pending request for a pre-motion to dismiss
conference (Doc. 9). While Plaintiff has proposed that Plaintiff be granted 21 days leave to amend
its complaint (Doc. 10), Cigna maintains that amendment would be futile for the reasons outlined
in its pre-motion letter (Doc. 9), including the governing plan’s anti-assignment clause.
The parties have not engaged in settlement discussions, as counsel are in agreement that the
operative complaint is unlikely to survive a motion to dismiss. See Docs. 9, 10.
Accordingly, to facilitate resolution of Cigna’s pending request for a pre-motion to dismiss and to
efficiently and accurately prepare any appropriate case management plan, the parties respectfully
request that the Court adjourn this case’s Initial Conference to a date no earlier than Thursday,
March 2, 2023.
Respectfully submitted,

Respectfully submitted,

/s/ Gregory J. Bennici
Gregory J. Bennici

/s/ Michael Gottlieb
Michael Gottlieb

Case 1:22-cv-08749-PGG Document 12 Filed 01/17/23 Page 2 of 2
MEMO ENDORSED: Plaintiff will file the amended
complaint by January 24, 2023. Defendant will file a letter
indicating whether it plans to move to dismiss the amended
complaint by January 27, 2023. The conference scheduled
for January 19, 2023 is adjourned to February 2, 2023 at
10:30 a.m. The Clerk of Court is directed to terminate the
motions at Dkt. Nos. 9 and 11 as moot.

Dated: January 17, 2023