In re Community Health Systems Inc., MDL 2595
| Co-Lead Counsel and Plaintiffs' Counsel |
| Community Health Systems Inc., MDL 2595, Defendants' Counsel and Lead Counsel |
| Local Liaison Counsel and Community Health Systems Inc |
| Special Master |
| 2:2015cv00222 |
| February 4, 2015 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Autauga |
| Karon O Bowdre |
| John H England |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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| Filing 222 Transcript of Proceedings held on 8/13/2019, before Judge Karon O. Bowdre. Court Reporter/Transcriber Teresa Roberson, Telephone number 205-278-2060. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/29/2019. Release of Transcript Restriction set for 11/27/2019. (Attachments: #1 Certificate Page) (JLC) |
Filing 221
ORDER GRANTING #212 MOTION for Final Approval of Class Action Settlement. For the reasons stated on the record at the August 13, 2019 hearing, the Court DENIES the Objections and REJECTS the arguments of Objectors in all respects, and finds that they are unpersuasive as to the substance of their Complaints. ORDER GRANTING #215 MOTION for Attorney Fees and Expenses and A Class Representative Incentive Award. The Court hereby retains jurisdiction over the Parties to the Settlement, including all Settlement Class members, to construe and enforce the Settlement Agreement in accordance with its terms for the mutual benefit of the Parties. Signed by Chief Judge Karon O Bowdre on 8/22/2019. (Attachments: FILED UNDER SEAL #1 Exhibit A)(JLC)
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| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Settlement Conference held on 8/13/2019. (Court Reporter Teresa Roberson.) (FNC) |
| Filing 220 ***FILED UNDER SEAL*** Attachment 4. (JLC) |
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Filing 219
TEXT ORDER granting #218 Motion for Leave to File Documents Under Seal. Signed by Chief Judge Karon O Bowdre on 8/9/19. (MMW)
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| Filing 218 MOTION for Leave to File Documents Under Seal by Co-Lead Counsel. (Riebel, Karen) |
| Filing 217 Brief re #215 MOTION for Attorney Fees and Expenses and A Class Representative Incentive Award, #216 Notice (Other) . (Attachments: #1 Exhibit B - Declaration of Karen H. Riebel in Support of Motion for Attorney Fees, #2 Exhibit C - Declaration of Edgar C. Gentle, III, Special Master in Support of Motion for Attorney Fees)(Riebel, Karen) |
| Filing 216 NOTICE by Co-Lead Counsel re #215 MOTION for Attorney Fees and Expenses and A Class Representative Incentive Award (Riebel, Karen) |
| Filing 215 MOTION for Attorney Fees and Expenses and A Class Representative Incentive Award by Co-Lead Counsel. (Riebel, Karen) |
| Filing 214 Brief re #213 Notice (Other), #212 MOTION for Settlement Final Approval of Class Action Settlement and Certification of Settlement Class . (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Declaration of Cameron Azari on Implementation of Notice, #3 Exhibit C - Declaration of Karen H. Riebel in Support of Motion for Final Approval of Settlement, #4 Exhibit D - Proposed Order)(Riebel, Karen) |
| Filing 213 NOTICE by Co-Lead Counsel re #212 MOTION for Settlement Final Approval of Class Action Settlement and Certification of Settlement Class (Riebel, Karen) |
| Filing 212 MOTION for Settlement Final Approval of Class Action Settlement and Certification of Settlement Class by Co-Lead Counsel. (Riebel, Karen) |
| Filing 211 Objections to Settlement by Paul Spence. (JLC) |
| Filing 210 Request to be Excluded from Settlement by James E. Hulsey and Teresa K. Hulsey. (JLC) |
| Filing 209 Objection to Settlement by Donald Shane Williams. (JLC) |
| Filing 208 Objection to Proposed Settlement by Donald E. Larson. (JLC) |
| Filing 207 Objection to Proposed Settlement by Frank Petruzzi, Administrator of the Estate of Rose M. Petruzzi. (JLC) |
| Filing 206 NOTICE of Exclusion from Class Action 9LDALL4C236E4DE by Cameron & Sermsiri Wylie. (JLC) |
| Filing 205 NOTICE of Issue With Settlement by Edward Shanler. (JLC) |
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Filing 204
TEXT ORDER granting #203 Motion to Withdraw Julia A. Beasley as Attorney. Attorney Julia A. Beasley terminated. Signed by Chief Judge Karon O Bowdre on 12/19/18. (MMW)
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| Filing 203 MOTION to Withdraw as Attorney - Julia A. Beasley by Plaintiffs' Counsel. (Brashier, Andrew) |
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Filing 202
ORDER ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS. Signed by Chief Judge Karon O Bowdre on 12/19/2018. (KEK)
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| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Settlement Conference held on 12/17/2018. (Court Reporter Teresa Roberson.) (FNC) |
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Filing 201
TEXT ORDER. The court converts the Settlement Conference set for Monday, December 17, 2018 from an in person conference to a CONFERENCE BY TELEPHONE. Further, the telephone conference will BEGIN at 12:30 PM before Chief Judge Karon O Bowdre. The court will provide the call-in information to the parties by email. Signed by Chief Judge Karon O Bowdre on 12/12/2018. (FNC)
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Filing 200
ORDER Setting Settlement Conference for Monday, December 17, 2018 at 01:00 PM, CR 8, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 12/11/2018. (FNC)
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| Filing 199 Brief re #198 Brief, #196 MOTION for Settlement Preliminary Approval filed by Defendants' Counsel. (Carney, David) |
| Filing 198 Brief re #197 Notice (Other), #196 MOTION for Settlement Preliminary Approval filed by Co-Lead Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Riebel, Karen) |
| Filing 197 NOTICE by Co-Lead Counsel re #196 MOTION for Settlement Preliminary Approval Hearing (Riebel, Karen) |
| Filing 196 MOTION for Settlement Preliminary Approval by Co-Lead Counsel. (Riebel, Karen) |
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Filing 195
TEXT ORDER: The court CONSTRUES the notice in document 194 as a motion to withdraw Kristen G. Marttila as counsel and GRANTS the motion. The court DIRECTS the Clerk to withdraw Kristen G. Marttila as counsel for Plaintiff Jeremy L. Murphy. Signed by Chief Judge Karon O Bowdre on 9/17/18. (MMW)
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| Filing 194 NOTICE by Plaintiffs' Counsel of Withdrawal of Appearance of Kristen G. Marttila (Marttila, Kristen) |
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Filing 193
ORDER APPROVING THE PAYMENT OF THE APRIL 2015 THROUGH FEBRUARY 2018 STATEMENT OF THE SPECIAL MASTER Signed by Chief Judge Karon O Bowdre on 4/24/18. (SAC )
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Filing 192
CASE MANAGEMENT ORDER NO. 6 WITH DISCOVERY SCHEDULING ORDER AND DEADLINES TO RESPOND TO ORDERS TO SHOW CAUSE: The court GRANTS #191 Joint Request to Extend Deadlines in Discovery Schedule and SETS the following deadlines for limited discovery and for responses to the court's Orders to Show Cause and AMENDS Case Management Order No. 5's Scheduling Order (doc. 189) to add these deadlines: Deadline for Response to Order to Show Cause (doc. 186) March 26, 2018; Deadline for the Completion of all Depositions March 30, 2018; Deadline for Response to Order to Show Cause (doc. 187) April 16, 2018; Deadline for Filing Dispositive Motions on the Limited Scope Issues May 1, 2018. The suspension of all other unexpired deadlines ordered on June 30, 2016 (doc. 143) remains in effect for all applicable deadlines except those listed within until the court enters another case management order with further scheduling. Signed by Chief Judge Karon O Bowdre on 1/5/18. (SAC )
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| Filing 191 Joint MOTION for Extension of Time to Complete Discovery by Co-Lead Counsel. (Riebel, Karen) |
| Filing 190 STATUS REPORT [JOINT] by Co-Lead Counsel. filed by Co-Lead Counsel (Riebel, Karen) |
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Filing 189
CASE MANAGEMENT ORDER NO. 5 WITH DISCOVERY SCHEDULING ORDER AND DEADLINES TO RESPOND TO ORDERS TO SHOW CAUSE: re #188 Request to Extend Deadlines in Discovery Schedule; The court GRANTS the motion; SETS the deadlines for limited discovery and for responses to the court's Orders to Show Cause and AMENDS Case Management Order No. 4's Scheduling Order #181 as set out within. Signed by Chief Judge Karon O Bowdre on 11/6/17. (SAC )
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| Filing 188 Joint MOTION for Extension of Time to Complete Discovery by Co-Lead Counsel. (Riebel, Karen) |
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Filing 187
ORDER TO SHOW CAUSE REGARDING DISMISSAL OF PLAINTIFFS The individuals noted within are Named Plaintiffs in the underlying suits transferred to this court as part of the MDL but were not named in the MDL's Consolidated Amended Complaint. The court ORDERS the following Plaintiffs to SHOW CAUSE in writing by November 30, 2017, why the court should not dismiss these plaintiffs in the underlying suits for lack of subject matter jurisdiction, applying the same rationale set forth in the rulings above that the court applied to the Named Plaintiffs in the MDL's Consolidated Amended Complaint. Signed by Chief Judge Karon O Bowdre on 10/10/17. (SAC )
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Filing 186
ORDER TO SHOW CAUSE REGARDING DISMISSAL OF PLAINTIFFS- The court ORDERS the Plaintiffs to SHOW CAUSE in writing by November 10, 2017, why the court should not dismiss for lack of standing the Plaintiffs listed within and their claims from the underlying cases transferred to this MDL. Signed by Chief Judge Karon O Bowdre on 10/10/17. (SAC )
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Filing 185
ORDER re #184 Notice of Withdrawal of Motion to Compel #184 - The court DIRECTS the Clerk of the Court to reflect on the docket sheet that the Plaintiffs have withdrawn their motion to compel and that this withdrawal is without prejudice to its re-filing after the targeted discovery referenced in Case Management No. 4 is completed. Signed by Chief Judge Karon O Bowdre on 8/15/17. (SAC )
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| Filing 184 NOTICE by Co-Lead Counsel re #132 MOTION to Compel Production of Customer List Notice of Withdrawal of Motion to Compel (Riebel, Karen) |
| Filing 183 Community Health Systems, Inc's ANSWER to #53 Amended Complaint, #130 Amended Complaint , ANSWER to #53 Amended Complaint, #130 Amended Complaint by Community Health Systems Inc.(Jacobson, John) |
| Filing 182 PSC's ANSWER to #53 Amended Complaint, #130 Amended Complaint , ANSWER to #53 Amended Complaint, #130 Amended Complaint by Lead Counsel.(Warren, Daniel) |
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Filing 181
CASE MANAGEMENT ORDER NO. 4 WITH DISCOVERY SCHEDULING ORDER- The court SETS the following deadlines for limited discovery and AMENDS Case Management Order No. 3's Scheduling Order to add deadlines as setout within. The court SETS July 7, 2017 as the deadline for Defendants to answer the Consolidated Amended Class Action Complaint. The court's suspension of all other unexpired deadlines remains in effect for all deadlines except those listed above until the court enters another case management order with further scheduling. Signed by Chief Judge Karon O Bowdre on 6/14/17. (SAC )
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Filing 180
ORDER re #168 Plaintiffs' Amended Renewed Motion for Certification for Interlocutory Appeal- For the reasons discussed at the status conference today, the court DENIES this motion. The court further ORDERS the parties to provide to the court via email (bowdre_chambers@alnd.uscourts.gov) on or before June 1, 2017 a joint proposed schedule for discovery of the limited scope discussed at the conference. Signed by Chief Judge Karon O Bowdre on 5/19/17. (SAC )
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| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 5/18/2017. (Court Reporter Christina Decker.) (FNC) |
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Filing 179
ORDER granting #176 and #177 Motion to Withdraw as Attorney- Attorney Joshua Patrick Hayes and Robert F Prince terminated. Signed by Chief Judge Karon O Bowdre on 5/2/17. (SAC )
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Filing 178
ORDER SETTING STATUS CONFERENCE The court SETS a Status Conference in this case for Thursday, May 18, 2017 at 1:00 PM in the 8th floor courtroom at the Hugo L. Black United States Courthouse in Birmingham, Alabama. The parties should be prepared to discuss informally "Plaintiffs' Amended Renewed Motion for Certification for Interlocutory Appeal", which is under submission. Signed by Chief Judge Karon O Bowdre on 4/24/17. (SAC )
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| Filing 177 MOTION to Withdraw as Attorney by Plaintiffs' Counsel. (Prince, Robert) |
| Filing 176 MOTION to Withdraw as Attorney by Plaintiffs' Counsel. (Hayes, Joshua) |
| Filing 175 REPLY Brief filed by Plaintiff Co-Lead Counsel re: #168 Amended MOTION for Leave to Appeal [Renewed] filed by Co-Lead Counsel. (Riebel, Karen) |
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Filing 174
TEXT ORDER granting #173 Plaintiffs' Unopposed Motion to Allow the Filing of Consolidated Briefs as to Both Defendants." Signed by Chief Judge Karon O Bowdre on 4-19-17. (AMW, )
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| Filing 173 MOTION to Allow the Filing of Consolidated Briefs as to Both Defendants by Co-Lead Counsel. (Riebel, Karen) |
| Filing 172 Opposition to re #168 to Plaintiffs' Amended Renewed Motion for Interlocutory Appeal filed by Community Health Systems Inc. (Taber, William) |
| Filing 171 RESPONSE in Opposition re #168 Amended MOTION for Leave to Appeal [Renewed] filed by Lead Counsel. (Attachments: #1 Exhibit A - Declaration of Ben Fordham, #2 Exhibit B - Management Agreement)(Warren, Daniel) |
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Filing 170
ORDER SETTING BRIEFING SCHEDULE re #168 Plaintiffs' Amended Renewed Motion for Certification for Interlocutory Appeal- Defendants' response to the motion will be due on or before April 7, 2017. Any reply brief, if necessary, will be due on or before April 21, 2017. Signed by Chief Judge Karon O Bowdre on 3/16/17. (SAC )
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| Filing 169 Brief re #168 Amended MOTION for Leave to Appeal [Renewed] filed by Co-Lead Counsel. (Riebel, Karen) |
| Filing 168 Amended MOTION for Leave to Appeal [Renewed] by Co-Lead Counsel. (Riebel, Karen) |
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Filing 167
ORDER re #154 Renewed Motion for Certification for Interlocutory Appeal- For the reasons stated in the Memorandum Opinion, filed contemporaneously with this Order, the court DENIES the motion; however, the court will allow the Plaintiffs leave to submit on or before March 15, 2017 a motion for certification for interlocutory appeal that re-phrases questions number one and two. Signed by Chief Judge Karon O Bowdre on 2/15/17. (SAC )
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| Filing 166 MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 2/15/17. (SAC ) |
| Filing 165 REPLY Brief filed by Plaintiff Co-Lead Counsel re: #154 MOTION for Leave to Appeal [Renewed] filed by Co-Lead Counsel. (Riebel, Karen) |
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Filing 164
TEXT ORDER granting #163 Plaintiffs' Unopposed Motion to Allow the Filing of Consolidated Briefs as to Both Defendants. As stated in the motion, the consolidated reply brief to documents 160 and 161 should be 15 pages or less. Signed by Chief Judge Karon O Bowdre on 11/28/16. (MMW)
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| Filing 163 MOTION for Leave to File Consolidated Reply Brief (Unopposed) by Co-Lead Counsel. (Riebel, Karen) |
| Filing 162 JOINT STATUS REPORT by Co-Lead Counsel. (Riebel, Karen) |
| Filing 161 Opposition to re #154 To Plaintiff's Motion for Interlocutory Appeal filed by Defendants' Counsel. (Jacobson, John) |
| Filing 160 RESPONSE in Opposition re #154 MOTION for Leave to Appeal [Renewed] filed by Lead Counsel. (Warren, Daniel) |
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Filing 159
ORDER SETTING BRIEFING SCHEDULE re #154 Plaintiffs' Renewed Motion for Certification for Interlocutory Appeal, which is opposed. The Defendants' response will be due November 11, 2016. Any reply brief, if necessary, will be due November 29, 2016. Signed by Chief Judge Karon O Bowdre on 10/21/16. (SAC )
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Filing 158
ORDER granting Community Health Systems Professional Services Corporation's #153 Motion to Postpone Answer Deadline Pending Plaintiffs' Motion for Interlocutory Appeal. The court SUSPENDS the deadline to answer. Signed by Chief Judge Karon O Bowdre on 10-21-16. (AMW, )
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Filing 157
TEXT ORDER granting CHSI's #156 Motion for Extension of Time to Answer Complaint. The court SUSPENDS the deadline for answering at this time. Signed by Chief Judge Karon O Bowdre on 10-21-16. (AMW, )
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| Filing 156 Consent MOTION for Extension of Time to Answer Complaint by Defendants' Counsel. (Taber, William) |
| Filing 155 Brief re #154 MOTION for Leave to Appeal [Renewed] filed by Co-Lead Counsel. (Riebel, Karen) |
| Filing 154 MOTION for Leave to Appeal [Renewed] by Co-Lead Counsel. (Riebel, Karen) |
| Filing 153 Consent MOTION for Extension of Time to File Answer Pending Plaintiffs' Forthcoming Motion for Interlocutory Appeal by Defendants' Counsel. (Warren, Daniel) |
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Filing 152
ORDER re #132 Motion to Compel- The court REFERS this discovery matter to Magistrate Judge John England; Case Management Order No. 3, II.B. states: Discovery disputes generally will be referred to a magistrate judge for handling (Doc. 23, at 3), and Judge England is the Magistrate Judge assisting the undersigned in this MDL. Signed by Chief Judge Karon O Bowdre on 10/4/16. (SAC )
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| Filing 151 STATUS REPORT by Community Health Systems Inc, Defendants' Counsel, Lead Counsel, Local Liaison Counsel, Special Master. filed by Community Health Systems Inc, Defendants' Counsel, Lead Counsel, Local Liaison Counsel, Special Master (Smith, Richard) |
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Filing 150
TEXT ORDER granting unopposed #148 Motion for Extension of Time to Answer Complaint. The new deadline to file the Answer is October 26, 2016. Signed by Chief Judge Karon O Bowdre on 9-23-16. (AMW, )
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Filing 149
TEXT ORDER granting unopposed #147 Motion for Extension of Time to Answer Complaint. The new deadline to file an Answer is October 26, 2016. Signed by Chief Judge Karon O Bowdre on 9-23-16. (AMW, )
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| Filing 148 First MOTION for Extension of Time to File Answer (Unopposed) by Lead Counsel. (Taber, William) |
| Filing 147 MOTION for Extension of Time to File Answer (Unopposed) by Lead Counsel. (Warren, Daniel) |
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Filing 146
ORDER re #132 Motion to Compel- The court ORDERS counsel to confer in good faith about the dispute, and to file a joint status report on or before September 27, 2016 as to the results of their efforts. Signed by Chief Judge Karon O Bowdre on 9/13/16. (SAC )
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Filing 145
ORDER ON MOTIONS TO DISMISS- re #67 Community Health Systems, Inc. [CHSI]'s Motion to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim and #69 Motion to Dismiss filed by Community Health Systems Professional Services Corporation [PSC]. These motions were directed at the #53 Consolidated Amended Class Action Complaint; this Order only addresses the claims in the Consolidated Amended Complaint and its Named Plaintiffs. The court GRANTS IN PART and DENIES IN PART both motions, as further set out in the Order. The court DISMISSES all claims in Count VI (Bailment); Count VII (Willful Violation of the FCRA); and Count VIII (Negligent Violation of the FCRA)of the Consolidated Amended Complaint, and also dismisses some claims set out in other counts, as further set out in the Order. This case will proceed with certain remaining state law claims asserted against Defendant PSC by Named Plaintiffs Kathy Ellzey, Lynda Matus, Dallas Richard, Ashley Veciana, Melissa Cooper, Johannes Nhete, John Sanchez, William Lutz, Christopher Brown, and Tara June Moore, as specified within. This case will proceed with certain remaining state law claims asserted against Defendant CHSI by Named Plaintiffs Kathy Ellzey, Lynda Matus, Dallas Richard, Ashley Veciana, Melissa Cooper, John Sanchez, William Lutz, and Tara June Moore, as specified within. Signed by Chief Judge Karon O Bowdre on 9/12/16. (SAC )
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| Filing 144 MEMORANDUM OPINION ON MOTIONS TO DISMISS Signed by Chief Judge Karon O Bowdre on 9/12/16. (SAC ) |
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Filing 143
TEXT ORDER: In response to the request in the recent Joint Status Report (doc. 142) for modification of certain deadlines, the court SUSPENDS all unexpired deadlines except the November 15, 2016 deadline for filing a joint status report. After the court enters an order on the pending motions to dismiss, the court will set a status/scheduling conference to determine new deadlines and will enter a new scheduling order. Signed by Chief Judge Karon O Bowdre on 6-30-16. (AMW, )
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| Filing 142 STATUS REPORT filed Jointly by Co-Lead Counsel. filed by Co-Lead Counsel (Riebel, Karen) |
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Filing 141
ORDER re "NOTICE of Voluntary Dismissal", (doc. 15) filed in one of the cases consolidated in this MDL, Veciana v. Community Health Sys., Inc, Case No., 2:15-CV-279-KOB. To protect the integrity of the MDL process, the court FINDS that any request for dismissal of any underlying suit SHALL be brought pursuant to Rule 41(a)(2) and accomplished by court order. The court STRIKES the Notice of Voluntary Dismissal as inappropriate and DIRECTS the Plaintiffs to file any request for voluntary dismissal pursuant to Rule 41(a) (2). Signed by Chief Judge Karon O Bowdre on 6/21/16. (SAC ) Modified on 6/21/2016 (SAC ).
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Filing 140
TEXT ORDER granting [doc. 139] Joint Request to Extend Deadline for Status Report; the court MODIFIES CMO No 3 [doc. 23] to EXTEND the deadline for filing a joint status report from June 15, 2016 to June 22, 2016. Signed by Chief Judge Karon O Bowdre on 6-16-2016. (AMW, )
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| Filing 139 Joint MOTION for Extension of Time to File Joint Status Report by Co-Lead Counsel. (Riebel, Karen) |
| Filing 138 RESPONSE in Opposition re #132 MOTION to Compel Production of Customer List filed by Community Health Systems Inc. (Jacobson, John) |
| Filing 137 RESPONSE in Opposition re #132 MOTION to Compel Production of Customer List filed by Defendants' Counsel. (Attachments: #1 Exhibit A - Transcript of February 10, 2016 Hearing, #2 Exhibit B - Transcript of April 15, 2016 Conference, #3 Exhibit C - Sample Solicitation by Plaintiffs' Counsel)(Warren, Daniel) |
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Filing 136
TEXT ORDER granting #134 Motion for Extension of Time; the new deadline for Defendant CHSI to respond to Plaintiffs' motion to compel is Friday, June 10, 2016. Signed by Chief Judge Karon O Bowdre on 6-8-16. (AMW, )
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Filing 135
ORDER granting #133 Motion for Extension of Time to Respond to Plaintiffs' Motion to Compel; the new deadline for Defendant PSC to respond is Friday, June 10, 2016. Signed by Chief Judge Karon O Bowdre on 6-8-16. (AMW, )
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| Filing 134 Consent MOTION for Extension of Time to Respond to Plaintiffs' Motion to Compel by Defendants' Counsel. (Taber, William) |
| Filing 133 MOTION for Extension of Time to File Response/Reply as to #132 MOTION to Compel Production of Customer List by Community Health Systems Inc. (Smith, Richard) |
| Filing 132 *** WITHDRAWN (per #185 Order) *** MOTION to Compel Production of Customer List by Plaintiffs' Counsel. (Friedman, Jeffrey) Modified on 8/15/2017 (SAC ). |
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Filing 131
ORDER re #118 Motion for Certification for Interlocutory Appeal and #128 Notice of Withdrawal of Motion for Certification for Interlocutory Appeal- Based on the notice of withdrawal, the court FINDS that the motion for certification is withdrawn, and the court DIRECTS the Clerk of Court to terminate that motion. Signed by Chief Judge Karon O Bowdre on 5/13/16. (SAC )
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| Filing 130 AMENDED COMPLAINT Plaintiffs' Supplement to the Consolidated Amended Class Action Complaint against All Defendants, filed by Co-Lead Counsel.(Riebel, Karen) |
| Filing 129 Brief Regarding Standing for State Statutory Claims. (Riebel, Karen) |
| Filing 128 NOTICE by Co-Lead Counsel re #118 MOTION for Certification for Interlocutory Appeal Notice of Withdrawal of Motion for Certification for Interlocutory Appeal (Riebel, Karen) |
| Filing 127 Transcript of Proceedings held on April 15, 2016, before Judge Bowdre. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/17/2016. Redacted Transcript Deadline set for 5/27/2016. Release of Transcript Restriction set for 7/25/2016. (Attachments: #1 Certificate page) (SAC ) |
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Filing 126
ORDER-During the April 15, 2016 conference, counsel for the Plaintiffs acknowledged and agreed that the July 20, 2015 "Consolidated Amended Class Action Complaint" #53 remains the operative complaint for the MDL; that this court's rulings regarding that operative Complaint remain in effect and apply to the new case; and that the transfer to the MDL of the new McNutt case brings neither new claims, new Plaintiffs, nor new factual allegations to the operative Complaint, and does not affect those previous rulings. Signed by Chief Judge Karon O Bowdre on /18/2016. (AVC)
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| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Motion Hearing held on 4/15/2016. Written order to follow. (Court Reporter Teresa Roberson.) (FNC) |
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Filing 125
PARTIAL ORDER ON MOTIONS TO DISMISS SUBSTITUTED FOR DOCUMENT 95: This court FINDS that it has personal jurisdiction over Community Health Systems, Inc. ("CHSI") for the claims asserted by the Plaintiffs in the two cases transferred from a district court sitting in Tennessee: Ellzey v. Community Health Systems, Inc., Case No. 2:15-CV-1640 and Murphy v. Community Health Systems, Inc., Case No: 2:15-CV-281. The court GRANTS for lack of personal jurisdiction CHSI's motion to dismiss to the extent that it requests dismissal of claims asserted against it in cases other than Ellzey and Murphy; the court DISMISSES WITHOUT PREJUDICE all claims asserted against CHSI in cases other than Ellzey and Murphy. The court GRANTS PSC's motion to dismiss (doc. 69) as to the non-statutory claims of all Named Plaintiffs other than Lynda Matus, Dallas Richard, Ashley Veciana, Melissa Cooper, Johannes Nhete, John Sanchez, Christopher Brown, and Tara June Moore; the court DISMISSES those claims WITHOUT PREJUDICE. However, the court grants PSC's motion against Kathy Ellzey provisionally; the court will allow Ms. Ellzey to re-plead. The court also grants PSC's motion against William Lutz provisionally; the court will allow Mr. Lutz to re-plead. The parties have agreed to postpone repleading until after all of the court's rulings on the motions to dismiss. The court DENIES PSC's motion to dismiss to the extent that it challenges the Article III case or controversy standing of Lynda Matus, Dallas Richard, Ashley Veciana, Melissa Cooper, Johannes Nhete, John Sanchez, Christopher Brown, and Tara June Moore. Although CHSI did not present a facial challenge to standing, the court FINDS that the same standing requirement applies to claims against CHSI, so the court sua sponte DISMISSES WITHOUT PREJUDICE the same non-statutory claims asserted against CHSI to the extent they are brought in Tennessee, which are the only claims brought in a jurisdiction with personal jurisdiction over CHSI. The court DENIES CHSI's motion to dismiss to the extent that it asserts a factual attack on standing. In sum, the court has jurisdiction over the non-statutory claims asserted against PSC by the following Named Plaintiffs: Lynda Matus, Dallas Richard, Ashley Veciana, Melissa Cooper, Johannes Nhete, John Sanchez, Christopher Brown, and Tara June Moore. The court has jurisdiction over the non-statutory claims brought originally in Tennessee and asserted against CHSI by the following Named Plaintiffs: Lynda Matus, John Sanchez, Tara June Moore. As the court has not yet addressed statutory standing, all statutory claims asserted against PSC remain at this point, and the statutory claims asserted against CHSI and brought in Tennessee by all Plaintiffs in the Ellzey and Murphy cases remain at this point. Signed by Chief Judge Karon O Bowdre on 4/14/16. (MMW)
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Filing 124
ORDER WITHDRAWING ORDER OF FEBRUARY 17, 2017 (DOC. 95) AND SUBSTITUTING NEW ORDER filed simultaneously with this Order for the reasons set out more fully within. Signed by Chief Judge Karon O Bowdre on 4/14/16. (MMW)
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| Filing 123 CONDITIONAL TRANSFER ORDER (CTO -7) from the Judicial Panel on MDL 2595 transferring 1 action listed on schedule to the Northern District of Alabama; 2:16-cv-602-KOB from TNM. (SAC ) |
| Filing 122 NOTICE by Defendants' Counsel Regarding McNutt Complaint (Attachments: #1 Exhibit A - Complaint)(Warren, Daniel) |
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Filing 121
TEXT ORDER: The court DEFERS RULING on "Motion for Certification for Interlocutory Appeal" (doc. 118) until after the court rules on the pending motions to dismiss. The Defendants will have an opportunity in the future to respond to the motion, if desired. Signed by Chief Judge Karon O Bowdre on 4-5-16. (AMW, )
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| Filing 120 NOTICE of Discovery Dispute by Co-Lead Counsel, Plaintiffs' Counsel (Friedman, Jeffrey) |
| Filing 119 Brief in Support of #118 MOTION for Certification for Interlocutory Appeal. (Riebel, Karen) |
| Filing 118 *** WITHDRAWN per notice of withdrawal (doc. 128) and court's Order (doc. 131) *** MOTION for Certification for Interlocutory Appeal by Co-Lead Counsel. (Riebel, Karen) Modified on 5/13/2016 (SAC ). |
| Filing 117 SUR-REPLY to Address New Case Law filed by Defendants' Counsel. (Warren, Daniel) |
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Filing 116
ORDER re #114 Motion for Leave to File- The court GRANTS PSC's motion and reminds PSC to FILE the sur-reply on or before April 4, 2016. The court DENIES the Plaintiffs' request (doc. 115) to file a sur-reply. Signed by Chief Judge Karon O Bowdre on 3/28/16. (SAC )
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| Filing 115 Opposition to re #114 Motion for Leave to File a Sur-Reply Instanter filed by Co-Lead Counsel. (Riebel, Karen) |
| Filing 114 MOTION for Leave to File Sur-Reply to Address New Case Law by Defendants' Counsel. (Attachments: #1 Sur-Reply to Address New Case Law)(Warren, Daniel) |
| Filing 113 REPLY to re #101 Standing Under the Fair Credit Reporting Act filed by Defendants' Counsel. (Warren, Daniel) |
| Filing 112 REPLY to re #99 to Plaintiffs' Memorandum of Law Regarding Standing Under the Fair Credit Reporting Act filed by Community Health Systems Inc. (Jacobson, John) |
| Filing 111 RESPONSE to re #103 , #100 Defendants' Supplemental Briefing on Choice-of-Law Issues filed by Co-Lead Counsel. (Riebel, Karen) |
| Filing 110 REPLY to re #102 , #100 Defendants' Supplemental Briefing on FCRA Standing filed by Co-Lead Counsel. (Riebel, Karen) |
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Filing 109
TEXT ORDER granting #108 "Plaintiffs' Unopposed Motion to Allow the Filing of Consolidated Briefs as to Both Defendants"; as requested, Plaintiffs may file one consolidated brief of twenty pages or less as to the Fair Credit Reporting Act issues and may file one consolidated brief of 30 pages as to the State Choice of Law issues. Signed by Chief Judge Karon O Bowdre on 3-17-16. (AMW, )
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| Filing 108 First MOTION To file consolidated briefs as to both Defendants by Co-Lead Counsel. (Friedman, Jeffrey) |
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Filing 107
TEXT ORDER granting #105 "Substitute Joint Motion to Alter Case Management Order No. 3." The court EXTENDS the deadline for the filing of the Plaintiffs' Motion for Class Certification to a date to be determined by the court in the future. Signed by Chief Judge Karon O Bowdre on 3-16-16. (AMW, )
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Filing 106
TEXT ORDER finding as moot #104 "Joint Motion to Alter Case Management Order No. 3" in light of the filing of #105 "Substitute Joint Motion to Alter Case Management Order No. 3." Signed by Chief Judge Karon O Bowdre on 3-16-16. (AMW, )
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| Filing 105 Amended MOTION for Extension of Time to File Motion for Class Certification by Co-Lead Counsel. (Friedman, Jeffrey) |
| Filing 104 First MOTION for Extension of Time to File Motion for Class Certification by Co-Lead Counsel. (Friedman, Jeffrey) |
| Filing 103 Brief re #96 Order,,, PSC's Choice of Law Brief. (Attachments: #1 Exhibit A - PSC Choice of Law Chart)(Warren, Daniel) |
| Filing 102 Brief re #96 Order,,, PSC's Brief Regarding Plaintiffs' Standing Under the Fair Credit Reporting Act. (Warren, Daniel) |
| Filing 101 RESPONSE to re #96 Court's Request for Supplemental Briefing on FCRA Standing filed by Co-Lead Counsel. (Riebel, Karen) |
| Filing 100 Brief re #67 MOTION to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim Community Health Systems, Inc.'s Supplemental Brief In Support Of Its Motion To Dismiss. (Jacobson, John) |
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Filing 99
ORDER granting #98 Joint Motion for Extension of Time to File Briefs Regarding Plaintiffs' Standing under the Fair Credit Reporting Act and Choice of Law Issues as set out within. Signed by Chief Judge Karon O Bowdre on 2/29/16. (SAC )
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| Filing 98 Joint MOTION for Extension of Time to File Briefs Regarding Plaintiffs' Standing Under the Fair Credit Reporting Act and Choice of Law Issues by Community Health Systems Inc. (Smith, Richard) |
| Filing 97 Transcript of Proceedings held on February 10, 2016, before Judge Bowdre. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/16/2016. Redacted Transcript Deadline set for 3/28/2016. Release of Transcript Restriction set for 5/24/2016. (Attachments: #1 Certification Page) (SAC, ) |
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Filing 96
ORDER re #67 Motion to Dismiss by Community Health Systems, Inc. and #69 Motion to Dismiss by Community Health Systems Professional Services Corporation. As discussed at the hearing held on February 10, 2016, the court ORDERS the following additional briefing: 1. The parties shall simultaneously file briefs on or before Wednesday, March 2, 2016 addressing whether the Plaintiffs have statutory standing in this federal court for the claims asserted in Counts VII and VIII for violations of the FCRA. The parties shall file a reply to the opposing brief on or before Wednesday, March 16, 2016. 2. Defendants shall file a supplemental brief, in support of their motions to dismiss on the Rule 12(b)(6) challenges, or before Wednesday, March 2, 2016 addressing the issues as setout within this order. Plaintiffs shall respond to the Defendants' supplemental brief on or before Wednesday, March 16, 2016. Signed by Chief Judge Karon O Bowdre on 2/17/16. (SAC )
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Filing 95
***WITHDRAWN and SUBSTITUTED per #125 ORDER*** ORDER This court FINDS that it has personal jurisdiction over Community Health Systems, Inc. ("CHSI") for the claims asserted by the Plaintiffs in the two cases transferred from a district court sitting in Tennessee: Ellzey v. Community Health Systems, Inc., Case No. 2:15-CV-1640 and Murphy v. Community Health Systems, Inc., Case No: 2:15-CV-281. The court GRANTS for lack of personal jurisdiction CHSI's motion to dismiss to the extent that it requests dismissal of claims asserted against it in cases other than Ellzey and Murphy; the court DISMISSES WITHOUT PREJUDICE all claims asserted against CHSI in cases other than Ellzey and Murphy. The court GRANTS PSC's motion to dismiss (doc. 69) as to the common law claims of all other Named Plaintiffs not listed in paragraph 1 of page 4 of this order. The court DENIES PSC's motion to dismiss to the extent that it challenges the Article III standing of Lynda Matus, Dallas Richard, Ashley Veciana, Melissa Cooper, Johannes Nhete, John Sanchez, Christopher Brown, and Tara June Moore. The court GRANTS PSC's motion to dismiss as to the following Plaintiffs because they do not allege an injury-in-fact that is fairly traceable to the Defendants' alleged wrongful conduct, and thus, do not have Article III standing: Kathy Ellzey (provisional granting), Daniel Watson, Joel Lovelace, Joan Crespin, William Lutz (provisional granting), and Cynthia Ann Martin Stonestreet, as Executor of the Estate of Mary Glah. The court grants PSC's motion against Kathy Ellzey provisionally; the court will allow Ms. Ellzey to re-plead. The court also grants PSC's motion against William Lutz provisionally; the court will allow Mr. Lutz to re-plead. The court DISMISSES WITHOUT PREJUDICE the common law claims of those Plaintiffs against PSC. Although CHSI did not present a facial challenge to standing, the court FINDS that the same standing requirement applies to claims against CHSI, so the court sua sponte DISMISSES WITHOUT PREJUDICE the same claims asserted against CHSI to the extent they are brought in Tennessee, which are the only claims brought in a jurisdiction with personal jurisdiction over CHSI. The court DENIES CHSI's motion to dismiss to the extent that it asserts a factual attack on standing. In sum, the court has jurisdiction over the common law claims asserted against PSC by the following Named Plaintiffs: Lynda Matus, Dallas Richard, Ashley Veciana, Melissa Cooper, Johannes Nhete, John Sanchez, Christopher Brown, and Tara June Moore. The court has jurisdiction over the common law claims brought originally in Tennessee and asserted against CHSI by the following Named Plaintiffs: Lynda Matus, John Sanchez, Tara June Moore. The court notes that it has dismissed the claims of Kathy Ellzey and William Lutz provisionally, and will allow them to re-plead at a later date. The parties have agreed to postpone repleading until after all of the court's rulings on the motions to dismiss. As the court has not yet addressed statutory standing, all statutory claims asserted against PSC remain at this point, and the statutory claims asserted against CHSI and brought in Tennessee in the Ellzey and Murphy cases remain at this point. Signed by Chief Judge Karon O Bowdre on 2/17/16. (SAC ) Modified on 4/15/2016 (SAC, ).
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ORDER SETTING HEARING The court CONVERTS the status conference SET on Friday, April 15, 2016 at 10:00 a.m. into a continuation of the HEARING on the motions referenced within, to be held in the eighth floor courtroom in the Hugo L. Black United States Courthouse in Birmingham, Alabama. Signed by Chief Judge Karon O Bowdre on 2/17/16. (SAC )
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| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Motion Hearing held on 2/10/2016 re #67 and #69 . Discussions regarding motions as stated on the record. Written order to follow. (Court Reporter Teresa Roberson.) (FNC) |
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Filing 94
ORDER This court recently received the parties "Joint Status Report." (Doc. 90). The court SETS a Status Conference in this matter for Friday, April 15, 2016 at 10:00 a.m. in the 8th floor courtroom at the Hugo L. Black United States Courthouse in Birmingham, Alabama, and will set the agenda for the status conference by separate order. Signed by Chief Judge Karon O Bowdre on 1/22/16. (SAC )
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Filing 93
ORDER SETTING HEARING The court SETS a hearing re #67 Motion to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim and #69 Motion to Dismiss, for Wednesday, February 10, 2016, beginning at 9:30 a.m. in the 8th floor courtroom at the Hugo L. Black United States Courthouse in Birmingham, Alabama. Signed by Chief Judge Karon O Bowdre on 1/22/16. (SAC )
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| Filing 92 ***Document Sealed - Co-Lead Counsel's Notice of Filing Exhibits Under Seal. (filed under seal per doc. 81/TEXT ORDER granting #79 Motion to File Under Seal) (Attachments: #1 Exhibit A) (SAC ) |
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Filing 91
TEXT ORDER granting #89 "Defendants' Unopposed Motion Requesting Oral Arguments on Defendants' Motions to Dismiss." By separate order, the court will set a date for a hearing or hearings. Signed by Chief Judge Karon O Bowdre on 1-19-16. (AMW, )
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| Filing 90 STATUS REPORT (JOINT) by Defendants' Counsel. filed by Defendants' Counsel (Smith, Richard) |
| Filing 89 MOTION Requesting Oral Arguments on Defendants' Motion to Dismiss by Defendants' Counsel. (Smith, Richard) |
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Filing 88
ORDER granting #87 Unopposed Motion to Substitute Proper Party- The court GRANTS the motion, and SUBSTITUTES Plaintiff Cynthia Ann Martin Stonestreet, as Executor of the Estate of Mary Martin Glah, for Plaintiff Mary Martin Glah. The court DIRECTS the Clerk of the Court to enter this Order and reflect this substitution on the docket sheet not only in the master file but also in the member case that Ms. Glah filed, Glah v. Community Health Systems, Inc., Case No. 2:15-CV-227-KOB. Signed by Chief Judge Karon O Bowdre on 12/3/15. (SAC )
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| Filing 87 MOTION to Substitute Party by Co-Lead Counsel, Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Friedman, Jeffrey) |
| Filing 86 CONDITIONAL TRANSFER ORDER (CTO -6) from the Judicial Panel on MDL 2595 transferring 1 action listed on schedule A to the Northern District of Alabama; 2:15-cv-1883-KOB from PAW. (Filed in USDC, NDAL Oct. 26, 2015) (SAC ) |
| Filing 85 CONDITIONAL TRANSFER ORDER (CTO -4); from the Judicial Panel on MDL 2595 transferring 2 actions listed on schedule A to the Northern District of Alabama; 2:15-cv-1639-KOB from INN & 2:15-cv-1640-KOB from TNM. (Filed Sept. 18, 2015 in USDC, NDAL).(SAC) |
| Filing 84 ***Notification of Informational Order from MDL Panel re CTO 5 as to One Opposed Case Vacating Transfer Order*** ORDER VACATING CONDITIONAL TRANSFER ORDER AND VACATING THE DECEMBER 3, 2015, HEARING SESSION ORDER- For the reasons noted within, it is ORDERED that the Panel's conditional transfer order designated as "CTO-5" filed on September 2, 2015, is VACATED. IT IS FURTHER ORDERED that the Hearing Session Order and the attached Schedule filed on October 21, 2015, are VACATED insofar as they relate to this matter. (SAC ) Modified on 12/2/2015 (SAC ). |
| Filing 83 REPLY Brief filed by In Re Community Health Systems Inc re: #67 MOTION to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim filed by Community Health Systems Inc. (Attachments: #1 Exhibit A - Hamilton v. Gateway)(Taber, William) |
| Filing 82 REPLY Brief filed by Defendant Defendants' Counsel re: #73 Response in Opposition to Motion, #69 MOTION to Dismiss for Lack of Standing under Rule 12(b)(1) and for Failure to State a Claim under Rule 12(b)(6), #70 Brief, filed by Defendants' Counsel. (Warren, Daniel) |
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Filing 81
TEXT ORDER granting #79 "Co-Lead Counsel's Motion for Leave to File Documents under Seal." Signed by Chief Judge Karon O Bowdre on 10-30-15. (AMW, )
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| Filing 80 RESPONSE in Opposition re #67 MOTION to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim filed by Co-Lead Counsel, Local Liaison Counsel, Plaintiffs' Counsel. (Friedman, Jeffrey) |
| Filing 79 MOTION for Leave to File Documents Under Seal by Co-Lead Counsel, Plaintiffs' Counsel. (Friedman, Jeffrey) |
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Filing 78
ORDER granting Defendant CHSPSC's #77 Motion for Extension of Time to File Reply Brief; granting #77 Motion for Permission to File Reply Brief with up to Five Additional Pages. These motions were filed with the consent of all parties. The Reply brief with a page limit of 15 pages will now be due on or before October 30, 2015. Signed by Chief Judge Karon O Bowdre on 10-26-15. (AMW, )
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| Filing 77 Consent MOTION for Extension of Time to File Response/Reply as to #73 Response in Opposition to Motion, , Consent MOTION for Leave to File Excess Pages by Defendants' Counsel. (Hooks, Jonathan) |
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Filing 76
TEXT ORDER: The court DEEMS the "Notice of Withdrawal as Counsel" filed by Matthew J. Zuchetto to be a motion to withdraw, and the court GRANTS that motion. Darrell W. Scott of The Scott Law Group, P.S. will continue to represent Plaintiffs Edward Adams and Melissa Harms. Signed by Chief Judge Karon O Bowdre on 10-22-15. (AMW, )
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| Filing 75 NOTICE by Local Liaison Counsel of Withdrawal as Counsel (Zuchetto, Matthew) |
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Filing 74
TEXT ORDER. Pursuant to the information contained in the joint status report provided to the court on October 15, 2015, the court CANCELS the status conference set for Friday, October 23, 2015 at 9:30 AM. Signed by Chief Judge Karon O Bowdre on 10/16/2015. (FNC)
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| Filing 73 RESPONSE in Opposition re #69 MOTION to Dismiss for Lack of Standing under Rule 12(b)(1) and for Failure to State a Claim under Rule 12(b)(6) filed by Co-Lead Counsel, Local Liaison Counsel, Plaintiffs' Counsel. (Attachments: #1 Exhibit Ex A - Smith v. Triad of Alabama, LLC, #2 Exhibit Ex B - Bank of Nashville v. Chipman, #3 Exhibit Ex C - Unjust Enrichment Survey)(Friedman, Jeffrey) |
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Filing 72
ORDER SETTING BRIEFING SCHEDULE on #67 Community Health Systems, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim. The Plaintiffs' response will be due on October 27, 2015. Any reply, if necessary, will be due November 13, 2015. Signed by Chief Judge Karon O Bowdre on 9/22/15. (MMW)
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Filing 71
ORDER SETTING BRIEFING SCHEDULE on #69 Defendant Community Health Systems Professional Services Corporation n/k/a CHSPSC, LLC's Motion to Dismiss. Plaintiffs' response will be due October 13, 2015. Any reply brief, if necessary, will be due October 27, 2015. Signed by Chief Judge Karon O Bowdre on 9/22/15. (MMW)
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| Filing 70 Brief re #69 MOTION to Dismiss for Lack of Standing under Rule 12(b)(1) and for Failure to State a Claim under Rule 12(b)(6) . (Attachments: #1 Exhibit A - Excerpts of Community Health Systems, Inc.'s 2014 SEC Form 10k)(Warren, Daniel) |
| Filing 69 MOTION to Dismiss for Lack of Standing under Rule 12(b)(1) and for Failure to State a Claim under Rule 12(b)(6) by Defendants' Counsel. (Warren, Daniel) |
| Filing 68 Brief re #67 MOTION to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim . (Attachments: #1 Exhibit A - Fordham Declaration, #2 Exhibit A - Ex 1 - Excerpts from www.chs.net, #3 Exhibit A - Ex 2 - Excerpts from CHSI 10-K, #4 Exhibit B - City of Irondale Case, #5 Exhibit C - Weisler Case, #6 Exhibit D - Ellsworth Case, #7 Exhibit E - Cummings Case, #8 Exhibit F - Stewart Case, #9 Exhibit G - Additional cases dismissing CHSI)(Jacobson, John) |
| Filing 67 MOTION to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction, and Failure to State a Claim by Community Health Systems Inc. (Jacobson, John) |
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Filing 66
TEXT ORDER granting Community Health Systems Professional Services Corporation's #65 Motion for Leave to File Thirty-five Page Brief in Support of Motion to Dismiss, filed with the consent of the Plaintiffs' Counsel. The response brief shall have a corresponding limit of thirty-five pages. Signed by Chief Judge Karon O Bowdre on 9-18-15. (AMW, )
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| Filing 65 MOTION for Leave to File Thirty-Five page Brief in Support of Motion to Dismiss by Defendants' Counsel. (Smith, Richard) |
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Filing 64
TEXT ORDER granting #63 Unopposed Motion to Extend Deadline to Respond to Complaint; the new deadline to answer or otherwise respond is September 21, 2015. Signed by Chief Judge Karon O Bowdre on 8-20-15. (AMW, )
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| Filing 63 MOTION for Extension of Time to Respond to Complaint by Defendants' Counsel. (Attachments: #1 Text of Proposed Order Proposed Order)(Smith, Richard) |
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Filing 62
ORDER REGARDING PROTOCOLS FOR PLAINTIFFS' COUNSEL TIME AND EXPENSE SUBMISSIONS The court ORDERS that any Plaintiffs' Counsel seeking fees and/or expense reimbursement SHALL use the standards and protocols as set out within. The court notes that it has appointed Plaintiffs' Liaison Counsel and Co-Lead Counsel to assist Special Master Ed Gentle (Special Master) in the administration of the protocols set forth in this Order. Signed by Chief Judge Karon O Bowdre on 8/3/15. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E)(SAC, )
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Filing 61
TEXT ORDER granting #56 "Motion Requesting Entry of Order on Protocols for Plaintiff Counsel's Time and Expense Submissions" to the extent that it requests such an Order but noting that the court has made wordsmithing changes to the proposed order attached to the motion. The court will enter separately the Order Regarding Protocols for Plaintiffs' Counsel Time and Expense Submissions. Signed by Chief Judge Karon O Bowdre on 8-3-15. (AMW, )
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Filing 60
TEXT ORDER: The court construes the Notice of Withdrawal of Jeremy Lloyd Carlson as Counsel for Community Health Systems Professional Services Corporation n/k/a CHSPSC, LLC (doc. 58) as a motion to withdraw and GRANTS the motion. Attorney Jeremy Lloyd Carlson terminated. Signed by Chief Judge Karon O Bowdre on 8/3/15. (MMW)
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| Filing 59 NOTICE by Defendants' Counsel for CHSPSC, LLC of Service of Requests for Production and Interrogatories (Ghannoum, Lisa) |
| Filing 58 MOTION to Withdraw as Attorney - Notice of Withdrawal by Community Health Systems Inc. (Carlson, Jeremy) |
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Filing 57
ORDER re #55 CHSPSC's Notice Regarding Plaintiffs' Consolidated Amended class Action Complaint: The court will not strike sua sponte Plaintiffs' Consolidated Amended Class Action Complaint for failure to obtain leave of court to file that document. Signed by Chief Judge Karon O Bowdre on 7/28/15. (SAC )
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| Filing 56 MOTION Requesting Entry of Order on Protocols for Plaintiff Counsel's Time and Expense Submissions by Co-Lead Counsel. (Attachments: #1 Exhibit Exhibit "A")(Friedman, Jeffrey) |
| Filing 55 NOTICE by Defendants' Counsel CHSPSC's Notice Regarding Plaintiffs' Consolidated Amended Class Action Complaint (Smith, Richard) |
| Filing 54 CERTIFICATE OF SERVICE by Co-Lead Counsel re #53 Amended Complaint (Riebel, Karen) |
| Filing 53 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against All Defendants, filed by Co-Lead Counsel.(Riebel, Karen) |
| Filing 52 NOTICE by Defendants' Counsel for CHSPSC, LLC of Service of Initial Disclosures (Ghannoum, Lisa) |
| Filing 51 NOTICE by Community Health Systems Inc of Service of Initial Disclosures (Shuford, Wynn) |
| Filing 50 NOTICE by Co-Lead Counsel, Plaintiffs' Counsel of Service of Initial Disclosures (Friedman, Jeffrey) |
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Filing 49
ORDER-re: Motion for More Definite Statement (doc. 40); Motion to Dismiss (doc. 41); Motion for a More Definite Statement under Rule 12(e) and to Dismiss under Rule 12(b)(1) (doc. 42); Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative, for a More Definite Statement (doc. 44); and Motion for Leave to Amend Complaint to Add Additional Party Plaintiffs (doc. 54) filed in case (2:14-cv-1620-KOB) Alverson v. Community Health Systems, Inc.,. The court FINDS the Dfts' motions currently pending in Alverson (docs. 40,41,42&44)to be MOOT. The court DEFERS ruling at this time on the Pltfs' motion to amend, pending a determination regarding an appropriate procedural mechanism for inclusion of Plaintiffs named in the Consolidated Class Action Complaint but not named in any underlying cases consolidated in the MDL. Signed by Chief Judge Karon O Bowdre on 7/15/2015. (AVC)
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Filing 48
ORDER -The court LIFTS the STAY previously entered. Counsel SHALL confer by 7/28/2015 and email to the court a joint proposal addressing the issue of the appropriate procedural mechanism for inclusion of Pltfs named in the Consolidated Class Action Complaint but not currently named in any underlying case consolidated in this MDL. The court SETS the next Status Conference in this matter for 10/23/2015 at 9:30a.m. A Joint Status Report shall be filed by 10/15/2015. Signed by Chief Judge Karon O Bowdre on 7/15/2015. (AVC)
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Filing 47
ORDER APPOINTING SPECIAL MASTER-The court hereby APPOINTS Edgar C. Gentle, III, to serve as a Special Master in this action. Signed by Chief Judge Karon O Bowdre on 7/15/2015. (AVC)
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Filing 46
ORDER granting #45 "Motion for Appointment of Edgar C. Gentle as Special Master" to this extent: by separate order, the court will enter the proposed order attached to the motion with changes that are not substantive. Signed by Chief Judge Karon O Bowdre on 7-15-15. (AMW, )
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| Filing 45 MOTION for Appointment of Edgar C. Gentle as Special Master by Co-Lead Counsel. (Attachments: #1 Exhibit Proposed Order)(Friedman, Jeffrey) |
| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 7/14/2015. (Court Reporter Teresa Roberson.) (FNC) |
| Filing 44 NOTICE of Appearance by Richard E Smith on behalf of Defendants' Counsel (Smith, Richard) |
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Filing 43
FRE 502(D) AND (E) CLAWBACK STIPULATION AND ORDER regarding protected materials as set out within. Signed by Chief Judge Karon O Bowdre on 7/10/15. (SAC )
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Filing 42
STIPULATED PROTECTIVE ORDER Signed by Chief Judge Karon O Bowdre on 7/10/15. (SAC )
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Filing 41
ORDER re #32 Joint Motion for Approval of Electronic Discovery Plan- The court GRANTS the motion, and ORDERS that the Protocol attached as Exhibit "A" shall govern the electronic discovery conducted in this case. Signed by Chief Judge Karon O Bowdre on 7/10/15. (Attachments: #1 Exhibit A) (SAC )
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Filing 40
TEXT ORDER granting #34 "Joint Motion to Approve Claw Back Stipulation and Order." The court will enter separately "FRE 502(D) and (E) Claw back Stipulation and Order." Signed by Chief Judge Karon O Bowdre on 7-9-15. (AMW, )
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Filing 39
TEXT ORDER granting #33 Joint Motion for Approval of Stipulated Protective Order. The court will enter the Stipulated Protective Order separately. Signed by Chief Judge Karon O Bowdre on 7-9-15. (AMW, )
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Filing 38
TEXT ORDER finding as moot #30 Joint Motion to Approve Claw Back Stipulation and Order in light of the parties' filing of an amended Joint Motion to Approve Claw Back Stipulation and Order (doc. 34) with an amended exhibit (doc. 34-1). Signed by Chief Judge Karon O Bowdre on 7-9-15. (AMW, )
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Filing 37
TEXT ORDER finding as moot #29 Joint Motion for Approval of Stipulated Protective Order in light of the parties' filing of an amended Joint Motion for Approval of Stipulated Protective Order (doc. 33) with an amended exhibit (doc. 33-1). Signed by Chief Judge Karon O Bowdre on 7-9-15. (AMW, )
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Filing 36
TEXT ORDER finding as moot #28 Joint Motion for Approval of Electronic Discovery Plan in light of the parties' filing of an amended Joint Motion for Approval of Electronic Discovery Plan (doc. 32) with amended exhibits (docs. 32-1 & 32-2). Signed by Chief Judge Karon O Bowdre on 7-9-15. (AMW, )
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| Filing 35 REPORT of Rule 26(f) Planning Meeting. (Friedman, Jeffrey) |
| Filing 34 Joint MOTION for Discovery To Approve Claw Back Stipulation and Order by Co-Lead Counsel. (Attachments: #1 Exhibit Proposed Order)(Friedman, Jeffrey) |
| Filing 33 Joint MOTION for Protective Order by Co-Lead Counsel. (Attachments: #1 Exhibit Proposed Order)(Friedman, Jeffrey) |
| Filing 32 Joint MOTION for Discovery Approval of Electronic Discovery Plan by Co-Lead Counsel. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Electronic Discovery Plan)(Friedman, Jeffrey) |
| Filing 31 AGENDA FOR JULY 14, 2015 CONFERENCE Having considered the agenda proposed in the parties' Joint Status Report for the next conference scheduled for Tuesday, July 14, 2015 at 9:30 a.m. in Courtroom 5A at the Hugo L. Black United States Courthouse in Birmingham, Alabama, the court SETS agenda as outlined within. Signed by Chief Judge Karon O Bowdre on 7/7/15. (SAC ) Modified on 7/8/2015 (SAC, ). |
| Filing 30 Joint MOTION for Discovery Claw Back Stipulation & Order by Plaintiffs' Counsel. (Attachments: #1 Exhibit Claw Back Stipulation & Order)(Friedman, Jeffrey) |
| Filing 29 Joint MOTION for Protective Order Approval by Plaintiffs' Counsel. (Attachments: #1 Exhibit Stipulated Protective Order)(Friedman, Jeffrey) |
| Filing 28 Joint MOTION for Discovery (Electronic Discovery Plan) Approval by Plaintiffs' Counsel. (Attachments: #1 Exhibit Proposed Order)(Friedman, Jeffrey) |
| Filing 27 AMENDED COMPLAINT Consolidated Class Action Complaint against All Defendants, filed by Co-Lead Counsel, Plaintiffs' Counsel.(Friedman, Jeffrey) |
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Filing 26
ORDER granting #25 Motion for Extension of Time to File Proposed Protective Order as to ESI and as to ESI Protocol. Deadline to submit Proposed Protective Order as to ESI and as to ESI Protocol is RESET to July 3, 2015. (The court will be closed on July 3, 2015, but parties may file the Proposed Protective Order electronically.). Signed by Chief Judge Karon O Bowdre on 06/26/2015. (JPC)
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| Filing 25 MOTION for Extension of Time to File (Unopposed) by Defendants' Counsel. (Smith, Richard) |
| Filing 24 NOTICE of Appearance by Lisa M Ghannoum on behalf of Defendants' Counsel (Ghannoum, Lisa) |
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Filing 23
CASE MANAGEMENT ORDER No. 3 with Preliminary Scheduling Order: As stated on the record of the June 4, 2015 Status Conference, the court SETS out the deadlines as outlined within; This matter is SET for a status conference on Tuesday, July 14, 2015 at 9:30 AM at the Hugo L. Black U.S. Courthouse; The PSC, Defense Counsel, and Local Liaison Counsel SHALL submit to the court via email on or before Monday, July 6, 2015 a JOINT Status Report proposing an Agenda for the July 14 status conference. Signed by Chief Judge Karon O Bowdre on 6/18/15. (SAC )
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| Set Deadlines: Discovery due by 12/1/2016; Dispositive Motions due by 1/16/2017. (SAC, ) |
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Filing 22
ORDER re #21 Renewed Motion for Extension of Time to File- The court GRANTS IN PART and DENIES IN PART this motion; the court grants an extension of the deadline for filing the Master Complaint, changing the deadline for filing it from June 15, 2015 to June 29, 2015, but the court denies the motion to the extent that it requests more time. Signed by Chief Judge Karon O Bowdre on 6/5/15. (SAC )
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| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 6/4/2015. Participating parties identified. Agenda items including deadlines discussed. Written order to follow. (Court Reporter Teresa Roberson.) (FNC) |
| Filing 21 Amended MOTION for Extension of Time to File Master Complaint by Co-Lead Counsel, Plaintiffs' Counsel. (Friedman, Jeffrey) |
| Filing 20 AGENDA FOR JUNE 4, 2015 CONFERENCE The next conference is scheduled for Thursday, June 4, 2015 at 1:30 p.m. in Courtroom 5A at the Hugo L. Black United States Courthouse in Birmingham, Alabama. Signed by Chief Judge Karon O Bowdre on 5/27/15. (SAC ) |
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Filing 19
ORDER denying #17 Motion for Extension of Time to File. Signed by Chief Judge Karon O Bowdre on 5/27/15. (SAC )
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| Filing 18 STATUS REPORT Joint by Co-Lead Counsel. filed by Co-Lead Counsel (Friedman, Jeffrey) |
| Filing 17 MOTION for Extension of Time to File Master Complaint by Co-Lead Counsel, Plaintiffs' Counsel. (Friedman, Jeffrey) |
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Filing 16
ORDER AMENDING CASE MANAGEMENT ORDER NO. 2- granting #15 Motion [of] Co-Lead Counsel to Alter Case Management Order No. 2- The court AMENDS Case Management Order No. 2 (doc. 14) to remove Ari Scharg from the PSC, at Mr. Schargs request, and to fill the resulting vacancy on the PSC with Katrina Carroll of Lite DePalma Greenberg LLC. Signed by Chief Judge Karon O Bowdre on 5/11/15. (SAC ) Modified on 1/11/2017 (SAC ).
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| Filing 15 MOTION to Amend/Correct Case Management Order No.2 by Co-Lead Counsel. (Attachments: #1 Exhibit Exhibit A)(Friedman, Jeffrey) |
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Filing 14
CASE MANAGEMENT ORDER NO. 2- Leadership Appointments and duties as set out within; No later than June 15, 2015, Co-Lead Counsel SHALL file a unified class action complaint that for purposes of this MDL SHALL be the operative complaint and SHALL supersede all other complaints filed in any of the actions centralized in this MDL. This matter is SET for a status conference on Thursday, June 4, 2015 at 1:30 PM at the Hugo L. Black U.S. Courthouse, 1729 5th Avenue North, Birmingham, Alabama. The PSC, Defense Counsel, and Local Liaison Counsel SHALL submit to the court on or before noon on Tuesday, May 26, 2015, a JOINT Status Report. Signed by Chief Judge Karon O Bowdre on 4/16/15. (SAC )
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| Filing 13 NOTICE by Plaintiffs' Counsel of Filing of Executed Waiver of the Service of Summons by Defendant Community Health Systems Professional Services Corporation Relating to the Keen case NDAL Case 2:15cv483 only (Attachments: #1 Exhibit Executed Waiver of the Service of Summons)(Karon, Daniel) Modified on 4/14/2015 (FNC). |
| Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 4/14/2015. Steering Committee announced and confirmed in open court. Discussion on how case is to proceed and what is expected by the court. Next status conference scheduled for Thursday, June 4, 2015 at 1:30 PM, and will be set by separate order. (Court Reporter Teresa Roberson.) (FNC) |
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Filing 12
ORDER In preparation for the Initial Status Conference in this matter, the court advises counsel that it has made the following leadership appointments: (1) Karen Riebel and Jeff Friedman as Co-Lead Counsel for the plaintiffs; and (2) Chris Hellums and Richard Smith as Local Liaison Counsel. Signed by Chief Judge Karon O Bowdre on 4/13/15. (SAC )
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| Filing 11 CONDITIONAL TRANSFER ORDER (CTO-3) from the Judicial Panel on MDL 2595 transferring 2 actions listed on schedule A to the Northern District of Alabama; 2:15-cv-593-KOB from ALM & 2:15-cv-594-KOB from WAE. (SAC ) |
| Filing 10 AGENDA FOR INITIAL CONFERENCE Having considered the parties' Joint Proposed Agenda for Initial Conference, the court SETS the agenda for the Initial Status Conference scheduled for Tuesday, April 14, 2015 as outlined within. Signed by Chief Judge Karon O Bowdre on 4/8/15. (SAC ) |
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Filing 9
ORDER Lifting Stay of CTO. - originally filed in NDAL on February 23, 2015. The stay of the Panel's conditional transfer order designated as "CTO-1" filed on February 6, 2015, is LIFTED - re: the Maes case(USDC NDAL Case No.: 2:15cv317) transferred from the District Court of New Mexico. (FNC)
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| Filing 8 CONDITIONAL TRANSFER ORDER (CTO -2); originally filed in NDAL March 23, 2015. (Attachments: #1 CTO 2 with Schedule; NDAL case number)(SAC ) |
| Filing 7 CONDITIONAL TRANSFER ORDER (CTO -1); originally filed in NDAL February 17, 2015. (Attachments: #1 Schedule with NDAL case numbers listed)(SAC ) |
| Filing 6 NOTICE of Appearance by Jeffrey E Friedman on behalf of Plaintiffs' Counsel (Friedman, Jeffrey) |
| Filing 5 NOTICE of Appearance by Joshua Patrick Hayes on behalf of All Plaintiffs (Hayes, Joshua) |
| Filing 4 NOTICE of Appearance by Robert F Prince on behalf of All Plaintiffs (Prince, Robert) |
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Filing 3
CASE MANAGEMENT ORDER NO. 1 REGARDING INITIAL STATUS CONFERENCE This matter is SET for a status conference on Tuesday, April 14, 2015, at 1:30 P.M., in Courtroom 5A at the Hugo L. Black United States Courthouse; Joint Preliminary Report due on or before Tuesday, March 31, 2015; Attorneys interested in serving as Lead, Liaison, or Coordinating Counsel or on a committee of counsel to assist in coordination and management of the litigation, including temporary Lead, Liaison, or Coordinating Counsel, SHALL also submit to the undersigned via email on or before Tuesday, March 31, 2015 a request for appointment; Pending status conference set for 4/14/15, deadlines as set out within are STAYED; see within for further direction and deadlines. Signed by Chief Judge Karon O Bowdre on 2/13/15. (SAC )
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| Filing 2 MOTION for Hearing (Motion for Status Conference) by Plaintiffs' Counsel. (Foster, Greg) |
| Filing 1 TRANSFER ORDER from the Judicial Panel on MDL 2595 transferring 5 actions listed on schedule A to the Northern District of Alabama (included in those is 2:14-cv-1620-KOB originally filed in ALND; this order deemed filed in that case 2/4/15) (Attachments: #1 Schedule with NDAL case numbers)(SAC ) |
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