Nicole Kolb v. Conifer Value-Based Care LLC et al
| Nicole Kolb |
| Conifer Value-Based Care LLC, Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC and Tenet Healthcare Corporation |
| William Tang |
| 2:2023cv10462 |
| December 14, 2023 |
| US District Court for the Central District of California |
| Andre Birotte |
| R Gary Klausner |
| A Joel Richlin |
| Alicia G Rosenberg |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 85 RESPONSE filed by Pro Hac Vice attorney Gary M Klinger on behalf of Plaintiff Nicole Kolb, Consol Plaintiff William Tang. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
| Filing 84 RESPONSE filed by Pro Hac Vice attorney Joe Kendall on behalf of Plaintiff Nicole Kolb, Consol Plaintiff William Tang. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
Filing 83
ORDER by Judge Andre Birotte Jr. Denying Application of Non-Resident Attorney Raina C. Borrelli to Appear Pro Hac Vice on behalf of Plaintiff Nicole Kolb #80 . IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, be refunded. Terming Attorney Raina C Borrelli. (gk)
|
| Filing 82 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Raina C. Borrelli to Appear Pro Hac Vice on behalf of Plaintiff Nicole Kolb (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36709410) #80 . The following error(s) was/were found: Case number incomplete; incorrect initials of Judge on Pro Hac Vice Application. (ak) |
| Filing 80 APPLICATION of Non-Resident Attorney Raina C. Borrelli to Appear Pro Hac Vice on behalf of Plaintiff Nicole Kolb (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36709410) filed by Plaintiff Nicole Kolb. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Nelson, John) |
|
Filing 81
ORDER GRANTING STIPULATION TO CONSOLIDATE CASES #74 by Judge Andre Birotte Jr. The Court GRANTS the Parties' Stipulation to Consolidate and ORDERS as follows: In light of the consolidation, Kolb, 2:23-cv-10462-AB-AGR is ordered CLOSED, and any schedules, deadlines, or dates set therein are VACATED. Any schedules, deadlines, or dates in Morales are VACATED, and the Motion to Dismiss [Dkt. No. 7] is DENIED AS MOOT. Plaintiffs in the Consolidated Action must file a Consolidated Class Action Complaint within sixty (60) days of this Order. All causes of action must be set forth in a numbered list on the face-page of the Consolidated Class Action Complaint. Defendants have forty-five (45) days thereafter to respond to the Consolidated Complaint. Case Terminated. Made JS-6. (rolm) Modified on 1/11/2024 (rolm).
|
|
Filing 79
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Melissa R. Emert to Appear Pro Hac Vice on behalf of Plaintiff William Tang, designating John J. Nelson as local counsel #76 . (gk)
|
| Filing 78 NOTICE of Change of address by Lisa L. Garcia attorney for Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. Changing attorneys address to 350 South Grand Avenue, 51st Floor, Los Angeles, CA 90071. Filed by Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Garcia, Lisa) |
| Filing 77 NOTICE of Change of address by Rachel E K Lowe attorney for Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. Changing attorneys address to 350 South Grand Avenue, 51st Floor, Los Angeles, CA 90071. Filed by Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Lowe, Rachel) |
| Filing 76 APPLICATION of Non-Resident Attorney Melissa R. Emert to Appear Pro Hac Vice on behalf of Consol Plaintiff William Tang (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36693515) filed by Plaintiff William Tang. (Attachments: #1 Proposed Order) (Nelson, John) |
| Filing 75 Notice of Appearance or Withdrawal of Counsel: for attorney John J. Nelson counsel for Plaintiff Nicole Kolb, Consol Plaintiff William Tang. Filed by Plaintiffs John J. Nelson. (Attorney John J. Nelson added to party Nicole Kolb(pty:pla), Attorney John J. Nelson added to party William Tang(pty:conpla))(Nelson, John) |
| Filing 74 STIPULATION to Consolidate Cases as to 2:23-CV-01987-AB-AGR filed by Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Attachments: #1 Proposed Order [Proposed] Order Granting Stipulation To Consolidate And To Stay Deadlines Pending Consolidation Of Related Cases)(Lowe, Rachel) |
|
Filing 73
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 3/8/2024 at 10:00 AM before Judge Andre Birotte Jr. (cb)
|
| Filing 72 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant To Rules 12(b)(1), (b)(6) filed by Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. Motion set for hearing on 4/5/2024 at 10:00 PM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order Granting Defendants Motion To Dismiss Pursuant To Rules 12(b)(1), (b)(6)) (Lowe, Rachel) |
|
Filing 71
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
|
|
Filing 69
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 2:23-cv-01987 AB(AGRx). Case transferred from Judge R. Gary Klausner and Magistrate Judge A. Joel Richlin to Judge Andre Birotte Jr and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-10462 AB(AGRx). Signed by Judge Andre Birotte Jr (rn)
|
|
Filing 70
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: GRANTING #67 Non-Resident Attorney Christopher A Thomson APPLICATION to Appear Pro Hac Vice on behalf of Defendants Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation, designating Lisa L Garcia as local counsel. (jp)
|
|
Filing 68
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HACE VICE by Judge R. Gary Klausner: GRANTING #66 Non-Resident Attorney Scott A Elder APPLICATION to Appear Pro Hac Vice on behalf of Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation, designating Rachel E.K. Lowe as local counsel. (jp)
|
| Filing 67 APPLICATION of Non-Resident Attorney Christopher A. Thomsom to Appear Pro Hac Vice on behalf of Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36629016) filed by Defendant Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Attachments: #1 Exhibit A - Letter in Good Standing from State Bar of Texas, #2 Proposed Order Granting Pro Hac Vice Application) (Attorney Lisa L. Garcia added to party Conifer Health Solutions LLC(pty:dft), Attorney Lisa L. Garcia added to party Conifer REvenue Cycle Solutions LLC(pty:dft), Attorney Lisa L. Garcia added to party Conifer Value-Based Care LLC(pty:dft), Attorney Lisa L. Garcia added to party Tenet Healthcare Corporation(pty:dft)) (Garcia, Lisa) |
| Filing 66 APPLICATION of Non-Resident Attorney Scott A Elder to Appear Pro Hac Vice on behalf of Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36628641) filed by Defendant Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Attachments: #1 Exhibit A List of Court Admissions, #2 Letter of Good Standing from the Georgia Bar Association, #3 Proposed Order ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Lowe, Rachel) |
| Filing 65 Joint STIPULATION to Consolidate Cases as to 2:23-CV-01987-AB-AGR filed by Defendant Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Attachments: #1 Proposed Order Granting Stipulation To Consolidate And Stipulation Staying Deadlines Pending Consolidation Of Related Cases)(Attorney Rachel E K Lowe added to party Conifer Health Solutions LLC(pty:dft), Attorney Rachel E K Lowe added to party Conifer REvenue Cycle Solutions LLC(pty:dft), Attorney Rachel E K Lowe added to party Conifer Value-Based Care LLC(pty:dft), Attorney Rachel E K Lowe added to party Tenet Healthcare Corporation(pty:dft))(Lowe, Rachel) |
| Filing 64 Notice Of Related Civil Case [LR 83-1.3] filed by Defendants Conifer Health Solutions LLC, Conifer REvenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Lowe, Rachel) |
|
Filing 63
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Plaintiff having filed an Amended Complaint #49 on 11/29/2023, the Motion to Dismiss #31 filed on 10/12/2023 is hereby VACATED as moot. Defendant's shall file their response to the operative complaint within 14 days. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
|
| Filing 62 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nathaniel R Lee. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 61 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher Andrew Thomson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 60 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Melissa R Emert. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 59 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gary S Graifman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 58 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Raina C Borrelli. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 57 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gary M Klinger. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 56 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joe Kendall. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 55 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 54 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 53 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge A. Joel Richlin. (jtil) |
| Filing 52 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:23-cv-00744, from U.S. District Court Northern District of Texas, Dallas. The above-referenced case has been transferred to this district and assigned the above civil case number 2:23-cv-10462 RGK (AJRx). (jtil) |
|
Filing 51
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
|
| Filing 50 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Northern |
| Filing 49 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by William Tang, Nicole Kolb. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 48
ORDER GRANTING #47 AGREED MOTION FOR LEAVE TO FILE FIRST AMENDED CONSOLIDATED COMPLAINT: The Court hereby ORDERS that Plaintiffs shall file their First Amended Consolidated Complaint in the form attached to the Motion as Exhibit A within three days of this Order. (Ordered by Magistrate Judge David L. Horan on 11/29/2023) (mcrd) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 47 Agreed MOTION for Leave to File First Amended Consolidated Complaint filed by Nicole Kolb, William Tang with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - First Amended Consolidated Class Action Complaint, #2 Proposed Order) (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 46
MEMORANDUM OPINION AND ORDER: The Court GRANTS Defendants' Motion to Transfer Pursuant to the First-to-File Rule [Dkt. No. #30 ] and ORDERS that these consolidated cases be transferred to the United States District Court for the Central District of California on 12/13/2023, to allow any party to file an objection to Judge Brown within 14 days after being served with a copy of this order. See FED. R. Civ. P. 72(a). (Ordered by Magistrate Judge David L. Horan on 11/27/2023) (oyh) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 45 REPLY filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation re: #31 MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(1) & 12(b)(6) (Thomson, Christopher) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 44 REPLY filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation re: #30 MOTION to Transfer Case out of District/Division Pursuant to the First-to-File Rule (Thomson, Christopher) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 43
ORDER REGARDING DIVERSITY JURISDICTION: Because Nicole Kolb and William Tang, as the plaintiffs invoking the Court's subject matter jurisdiction under 28 U.S.C. 1332(d)(2), have not adequately alleged defendants citizenship, plaintiffs must file a written response to this Order to properly plead the citizenship of all defendants by November 30, 2023. (Ordered by Magistrate Judge David L. Horan on 11/16/2023) (mcrd) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 42 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Clerk QC note: Affiliate entry indicated). (Thomson, Christopher) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 41 NOTICE of Change of Address for Attorney Joe Kendall on behalf of Nicole Kolb, William Tang. (Filer confirms contact info in ECF is current.) (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 40 ADDITIONAL ATTACHMENTS to #39 Response/Objection by Plaintiff Nicole Kolb, Consol Plaintiff William Tang. (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 39 RESPONSE filed by Nicole Kolb, William Tang re: #30 MOTION to Transfer Case out of District/Division Pursuant to the First-to-File Rule (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 38 RESPONSE filed by Nicole Kolb, William Tang re: #31 MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(1) & 12(b)(6) (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 37
ELECTRONIC ORDER granting Defendants Conifer Value-Based Care, LLC, Conifer Health Solutions, LLC, Conifer Revenue Cycle Solutions, LLC, and Tenet Healthcare Corporation's #32 Motion To Stay Rule 16 & 26 Deadlines and to Stay Discovery (the "Motion to Stay").Defendants have filed a #30 Motion to Transfer Pursuant to the First-to-File Rule (the "Motion to Transfer") -- seeking transfer of this case to the United States District Court for the Central District of California based on the earlier-filed Morales v. Conifer Revenue Cycle Sols., LLC, No. 2:23-cv-1987 (C.D. Cal.) -- and a #31 Motion to Dismiss Plaintiffs' claims under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (the "Motion to Dismiss"), arguing that the Court should dismiss Plaintiffs' complaint for lack of standing or, alternatively, for failure to state a claim.Defendants' Motion to Stay asks the Court to stay all existing Federal Rule of Civil Procedure 16 and Federal Rule of Civil Procedure 26 deadlines, as well as any applicable discovery deadlines, pending the Court's rulings on Defendants' Motion to Transfer and Motion to Dismiss. Discovery has now opened under Federal Rule of Civil Procedure 26(d)(1) because the parties conducted the required Federal Rule of Civil Procedure 26(f) conference after Defendants filed their Motion to Stay, and the Court has a Rule 16 pretrial scheduling conference set for November 15, 2023, with a deadline for the parties to submit a joint written Rule 26(f) report by November 9, 2023. The Court has discretion to stay discovery "for good cause shown" under Federal Rule of Civil Procedure 26(c)(1). "[N]o federal rule, statute, or binding case law applies here to automatically stay discovery pending a ruling on" a motion to dismiss," and "such a stay is the exception rather than the rule." Valenzuela v. Crest-Mex Corp., No. 3:16-cv-1129-D, 2017 WL 2778104, at *5 (N.D. Tex. June 26, 2017) (cleaned up). "[H]ad the Federal Rules contemplated that a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)(6) would stay discovery, the Rules would contain a provision to that effect." Id. (cleaned up).But the Court does have "'broad discretion and inherent power to stay discovery until preliminary questions that may dispose of the case are determined.'" Fujita v. United States, 416 F. App'x 400, 402 (5th Cir. 2011) (quoting Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987)). For example, "where discovery would not be useful to the resolution of a pending summary judgment motion presenting a question of law, it is not an abuse of discretion to grant" a motion to stay discovery pending the outcome of the summary judgment. Sapp v. Memorial Hermann Healthcare Sys., 406 F. Appx 866, 870 (5th Cir. 2010) (cleaned up). And the standing doctrine, including the Article III standing requirement, "defines and limits the role of the judiciary and is a threshold inquiry to adjudication." McClure v. Ashcroft, 335 F.3d 404, 408 (5th Cir. 2003).And, as to a pretrial scheduling order, Federal Rule of Civil Procedure 16(b)(2) imposes a similar good cause requirement for order a stay or delay. See Fed. R. Civ. P. 16(b) ("(1) Scheduling Order. Except in categories of actions exempted by local rule, the district judge -- or a magistrate judge when authorized by local rule -- must issue a scheduling order: (A) after receiving the parties report under Rule 26(f); or (B) after consulting with the parties attorneys and any unrepresented parties at a scheduling conference. (2)Time to Issue. The judge must issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, the judge must issue it within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared."); see also Fed. R. Civ. P. 26(f)(1)-(2).Defendants argue that the Court should stay discovery and any scheduling deadlines pending their motions that aver that this case should be transferred to the Central District of California pursuant to the first-to-file rule, that the Court lacks subject-matter jurisdiction over this case because Plaintiffs lack standing to proceed on their claims, and that Plaintiffs' claims should otherwise be dismissed because they fail to state a claim because resolving just one of these threshold issues in Defendants' favor would immediately render moot any conference and reports conducted and created under Rules 16 and 26, as well as any discovery. According to Defendants, should the Court decide to transfer this action under the first-to-file rule, a new scheduling order would have to be issued in the transferee court, and, because the first-filed action is nearly identical to the instant case, transfer would likely result in consolidation of the actions -- meaning Rule 26 conferences and reports would have to be repeated in a process that would involve separate counsel for the plaintiff in the first-filed action. And Defendants contend that any discovery would also be unnecessary in light of Plaintiffs' lack of standing and failure to state a claim. And, Defendants add, even if Plaintiffs had standing and even if Plaintiffs had properly stated a claim, the discovery would almost certainly be duplicative of discovery to be served in the first-filed action due to the interconnectedness of the suits, where the purpose of the first-to-file rule is to avoid the exact inefficiencies arising from parallel litigation.Plaintiffs respond that the case has been properly pending here for over six months, and Defendant only now contend that the case should be transferred and all progress in this action halted; that Plaintiffs' claims are likely to proceed past the pleadings stage and should remain before this Court because this case does not "substantially overlap" with the case Defendants seek to consolidate it with; that many of the issues the parties will discuss as part of the Rule 26(f) conference and the Rule 16 conference are relevant and important regardless of the outcome of the pending motion to transfer, including exchanging initial disclosures, sharing the topics on which each party intends to seek discovery, and discussing the potential for settlement; that there can be no prejudice to Defendants in engaging in these conversations with Plaintiffs and the Court, even if the Court were to agree with Defendants' transfer request; that the issues pending the resolution of which Defendants ask the Court to stay matters are likely to be resolved in the coming months, as Plaintiffs' opposition briefs are due on November 2, 2023, and Defendants' replies shortly thereafter, and thus any discovery engaged during this time period would likely be minimal; and that no discovery has been issued yet, and the parties can certainly contemplate the pending motions in their discussions about a case schedule.As Defendants argue in reply, the short time period until Defendants' Motion to Transfer and Motion to Dismiss are fully briefed is at least neutral and does not weigh against the requested temporary stay. Neither must the Court preemptively decide the Motion to Transfer or the Motion to Dismiss, nor must Defendants show that they are likely to prevail on either motion, for the Court to find good cause for a stay.And Defendants persuasively contend that, if the Court grants the Motion to Transfer, any agreements reached in this case regarding the scope of discovery, ESI preservation and production parameters, and protective orders would have to be re-examined and renegotiated with the Morales plaintiff and their counsel, and any agreement on a proposed case schedule, including discovery, class certification, and dispositive motion briefing and a trial schedule, likely would not carry over to the California case and would not account for the specific court requirements there and that plaintiff's position.The Court finds that Defendants have shown good cause for their requested stay order; orders that all discovery is stayed -- and the parties' deadline to submit their Rule 26(f) report is extended -- until 14 days after the date on which the Court rules on the Motion to Transfer [Dkt. No. 30] and Motion to Dismiss [Dkt. No. 31] (with the operative date being the latter of the two if the Court decides the motions on separate dates); and cancels the Rule 16(b) pretrial scheduling conference presently set for November 15, 2023 at 10:00 a.m., with the understanding that the Court will reset the scheduling conference as necessary after disposing of the Motion to Transfer and Motion to Dismiss. (Ordered by Magistrate Judge David L. Horan on 10/31/2023.) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 36 REPLY filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation re: #32 MOTION to Stay Rule 16 & 26 Deadlines and to Stay Discovery (Thomson, Christopher)[Transferred from Texas Northern on 12/18/2023.] |
| Filing 34 RESPONSE filed by Nicole Kolb, William Tang re: #32 MOTION to Stay Rule 16 & 26 Deadlines and to Stay Discovery (Attachments: #1 Declaration(s) Declaration of Raina C. Borrelli) (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 35
ORDER: By 11/14/2023, Defendants must comply with Local Civil Rule 7.4 so that the Court can ensure that recusal is not required in this case. (Ordered by Magistrate Judge David L. Horan on 10/24/2023) (cfk) [Transferred from Texas Northern on 12/18/2023.]
|
|
Filing 33
ELECTRONIC ORDER: Any response to Defendants Conifer Value-Based Care, LLC, Conifer Health Solutions, LLC, Conifer Revenue Cycle Solutions, LLC, and Tenet Healthcare Corporation's #32 Motion To Stay Rule 16 & 26 Deadlines and to Stay Discovery must be filed by Wednesday, October 25, 2023, and any reply must be filed by Monday, October 30, 2023. (Ordered by Magistrate Judge David L. Horan on 10/20/2023.) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 32 MOTION to Stay Rule 16 & 26 Deadlines and to Stay Discovery filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Thomson, Christopher) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 31 MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(1) & 12(b)(6) filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Thomson, Christopher) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 30 MOTION to Transfer Case out of District/Division Pursuant to the First-to-File Rule filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (Attachments: #1 Exhibit(s) Defendants' Appendix, #2 Proposed Order) (Thomson, Christopher) Modified docket text on 10/13/2023 (cfk). [Transferred from Texas Northern on 12/18/2023.] |
| Filing 29 AMENDED COMPLAINT WITH JURY DEMAND - CONSOLIDATED CLASS ACTION COMPLAINT against Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation filed by William Tang, Nicole Kolb. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 28
ELECTRONIC ORDER granting #26 Application for Admission Pro Hac Vice of Scott A. Elder. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge David L. Horan on 8/8/2023.) [Transferred from Texas Northern on 12/18/2023.]
|
|
Filing 27
ORDER GRANTING #25 UNOPPOSED MOTION TO SUBSTITUTE COUNSEL. (Ordered by Magistrate Judge David L. Horan on 8/4/2023) (mcrd) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 26 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Scott A. Elder (Filing fee $100; Receipt number ATXNDC-13935007) filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation (Attachments: #1 Exhibit(s) Table of Court Admissions, #2 Exhibit(s) Certificate of Good Standing) (Thomson, Christopher) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 25 Unopposed MOTION to Substitute Attorney, Nathaniel R. Lee added attorney Christopher Andrew Thomson,Christopher Andrew Thomson for Tenet Healthcare Corporation,Christopher Andrew Thomson for Conifer Health Solutions LLC,Christopher Andrew Thomson for Conifer Value-Based Care LLC,Christopher Andrew Thomson for Conifer Revenue Cycle Solutions LLC. Motion filed by Tenet Healthcare Corporation, Conifer Health Solutions LLC, Conifer Value-Based Care LLC, Conifer Revenue Cycle Solutions LLC Attorney Christopher Andrew Thomson added to party Conifer Health Solutions LLC(pty:dft), Attorney Christopher Andrew Thomson added to party Conifer Revenue Cycle Solutions LLC(pty:dft), Attorney Christopher Andrew Thomson added to party Conifer Value-Based Care LLC(pty:dft), Attorney Christopher Andrew Thomson added to party Tenet Healthcare Corporation(pty:dft) (Thomson, Christopher) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 24
ELECTRONIC ORDER granting #23 Application for Admission Pro Hac Vice of Michael Anderson Berry. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge David L. Horan on 7/19/2023.) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 23 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13895490) filed by William Tang (Attachments: #1 Additional Page(s) Cert of Standing, #2 Proposed Order)Attorney Michael Anderson Berry added to party William Tang(pty:conpla) (Berry, Michael) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 22
STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 6/27/2023) (sxf) [Transferred from Texas Northern on 12/18/2023.]
|
|
Filing 21
ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: Joint Report due by 11/9/2023. FRCP 16 Scheduling Conference set for 11/15/2023 10:00 AM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 6/27/2023) (sxf) [Transferred from Texas Northern on 12/18/2023.]
|
|
Filing 20
ORDER APPOINTING INTERIM CLASS COUNSEL. (Ordered by Magistrate Judge David L. Horan on 6/27/2023) (oyh) [Transferred from Texas Northern on 12/18/2023.]
|
|
Filing 19
ELECTRONIC ORDER: The Court ORDERS the Parties in this proceeding to take notice that Judge Ada Brown shall adopt revised policies and procedures on July 1, 2023. The revised policies and procedures are posted on the Courts page on the Northern District of Texas Website. #RevisedJSR-Brown.pdf (uscourts.gov). If the Parties have any motion or response deadlines between now and July 1, 2023, which are affected by new briefing requirements, the Parties may proceed under the current policies and procedures. The Parties may further seek leave of Court for any filings due in July 2023 to comply with the Courts revised briefing requirements. (Ordered by Judge Ada Brown on 6/5/2023) (chmb) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 18 MOTION for Appointment of Interim Class Counsel filed by Nicole Kolb, William Tang with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Turke & Strauss Firm Resume, #2 Exhibit(s) B - Kantrowitz Firm Resume, #3 Exhibit(s) C - Kendall Firm Resume, #4 Proposed Order) (Kendall, Joe) Modified text on 5/26/2023 (sxf). [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 17
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Raina C. Borrelli. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge David L. Horan on 5/16/2023.) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13744685) filed by Nicole Kolb (Attachments: #1 Proposed Order)Attorney Raina C Borrelli added to party Nicole Kolb(pty:pla) (Borrelli, Raina) (Main Document 16 replaced to flatten on 5/17/2023) (sxf). [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 15
ORDER CONSOLIDATING CASES: Member case(s) 3:23-cv-870-E-BN consolidated with lead case 3:23-cv-744-E-BN. William Tang added to case pursuant to consolidation. Attorney Joe Kendall,Gary M Klinger,Gary S Graifman,Melissa R Emert for William Tang added to case pursuant to consolidation. (Ordered by Magistrate Judge David L. Horan on 5/15/2023) (sxf) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 14 Unopposed MOTION to Consolidate Cases filed by Nicole Kolb. (Attachments: #1 Proposed Order) (Kendall, Joe) Modified text on 5/15/2023 (sxf). [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 13
STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 4/27/2023) (mcrd) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 12 Magistrate Judge David L. Horan assigned to this case pursuant to Special Order 3-346 for matters that may be referred. (rekc) [Transferred from Texas Northern on 12/18/2023.] |
|
Filing 11
ORDER granting #7 Application for Admission Pro Hac Vice of Gary M Klinger. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge Rebecca Rutherford on 4/21/2023) (sxf) [Transferred from Texas Northern on 12/18/2023.]
|
|
Filing 10
ORDER granting #6 Motion for Extension of Time to File Answer. Deadline to answer due 6/1/2023. (Ordered by Magistrate Judge Rebecca Rutherford on 4/21/2023) (ndt) [Transferred from Texas Northern on 12/18/2023.]
|
|
Filing 9
ELECTRONIC ORDER REFERRING CASE to Magistrate Judge Rebecca Rutherford for pretrial management. (Ordered by Judge Ada Brown on 4/21/2023) (chmb) [Transferred from Texas Northern on 12/18/2023.]
|
| Filing 8 SUMMONS Returned Executed as to Conifer Health Solutions LLC; served on 4/11/2023; Conifer Revenue Cycle Solutions LLC; served on 4/11/2023; Conifer Value-Based Care LLC; served on 4/11/2023; Tenet Healthcare Corporation; served on 4/11/2023. (agc) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 7 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13677996) filed by Nicole Kolb (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Gary M Klinger added to party Nicole Kolb(pty:pla) (Klinger, Gary) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 6 Unopposed Motion for Extension of Time to File Answer move or otherwise respond to Complaint filed by Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation (Attachments: #1 Proposed Order)Attorney Nathaniel R Lee added to party Conifer Health Solutions LLC(pty:dft), Attorney Nathaniel R Lee added to party Conifer Revenue Cycle Solutions LLC(pty:dft), Attorney Nathaniel R Lee added to party Conifer Value-Based Care LLC(pty:dft), Attorney Nathaniel R Lee added to party Tenet Healthcare Corporation(pty:dft) (Lee, Nathaniel) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 4 Summons Issued as to Conifer Health Solutions LLC, Conifer Revenue Cycle Solutions LLC, Conifer Value-Based Care LLC, Tenet Healthcare Corporation. (acm) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 5 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (acm) [Transferred from Texas Northern on 12/18/2023.] |
| Case Reassigned to Judge Ada Brown. Senior Judge Sam R Cummings no longer assigned to the case per special order 3. (acm) Modified text on 4/21/2023 (acm). [Transferred from Texas Northern on 12/18/2023.] |
| Filing 3 Request for Clerk to issue Summons - All Defendants filed by Nicole Kolb. (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nicole Kolb. (Clerk QC note: No affiliate entered in ECF). (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Nicole Kolb. (Filing fee $402; Receipt number ATXNDC-13649078) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A - Breach Notice, #2 Cover Sheet) (Kendall, Joe) [Transferred from Texas Northern on 12/18/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
