Danielle Gamino v. KPC Healthcare Holdings, Inc. et al
Plaintiff: DANIELLE GAMINO
Defendant: Lori Van Arsdale, William E Thomas, KPC Healthcare Holdings, Inc., Amelia Hippert, KPC HEALTHCARE, INC. EMPLOYEE STOCK OWNERSHIP PLAN COMMITTEE, KALI PRIYO CHAUDHURI, KALI PRADIP CHAUDHURI and KPC Healthcare, Inc. Employee Stock Ownership Plan
Petitioner: ALERUS FINANCIAL, N.A.
Consolidated Defendant: SPCP Group LLC
Interested Party: Stout Risius Ross LLC
Case Number: 5:2020cv01126
Filed: June 1, 2020
Court: US District Court for the Central District of California
Presiding Judge: Jesus G Bernal
Referring Judge: Stanley Blumenfeld
2 Judge: Shashi H Kewalramani
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 441 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement Agreement with SPCP Group LLC filed by Plaintiff Danielle Gamino. Motion set for hearing on 7/7/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of R. Joseph Barton, #3 Exhibit #1 - Class Action Settlement Agreement, #4 Exhibit #2 - Plan of Allocation, #5 Exhibit #3 - Class Notice, #6 Exhibit #4 - CPT Class Notice Proposal, #7 Exhibit #5 - CPT CAFA Proposal, #8 Proposed Order) (Barton, Robert)
June 1, 2023 Opinion or Order Filing 440 ORDER TO EXTEND DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT WITH DEFENDANT SPCP GROUP, LLC by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #439 , IT IS HEREBY ORDERED that the deadline for Plaintiff to file her Motion for Preliminary Approval with Defendant SPCP Group, LLC is extended until 6/6/2023. (gk)
May 31, 2023 Opinion or Order Filing 439 STIPULATION for Extension of Time to File Motion for Preliminary Approval of Settlement with Defendant SPCP Group, LLC filed by plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Barton, Robert)
May 15, 2023 Opinion or Order Filing 438 TRANSCRIPT ORDER re: Court of Appeals case number 23-55347, as to plaintiff Danielle Gamino for Court Reporter. Court will contact Ming Siegel at ming@bartondownes.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barton, Robert)
April 27, 2023 Opinion or Order Filing 437 ORDER GRANTING STIPULATION TO STAY CASE DEADLINES BETWEEN PLAINTIFF AND SPCP GROUP, LLC by Judge Stanley Blumenfeld, Jr.: Pursuant to the Stipulation #436 , it is hereby ORDERED that: All case deadlines as between Plaintiff and SPCP, including the deadline for Plaintiff to seek review of the Clerk's Bill of Costs #435 are stayed pending the Court's ruling on Plaintiff's motion for final approval of the proposed class action settlement. The hearing on SPCP's Motion for Attorneys' Fees #421 , currently set for hearing on 5/5/2023, is taken off calendar and the Motion will be held in abeyance pending the Court's ruling on Plaintiff's motion for final approval of the proposed class action settlement. Plaintiff will have until 5/31/2023 to file a motion seeking preliminary approval of the proposed class action settlement with SPCP. (gk)
April 26, 2023 Opinion or Order Filing 436 NOTICE of Settlement and Stipulation to Stay filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order Proposed Order re Stipulation to Stay)(Feinberg, Daniel)
April 26, 2023 Opinion or Order Filing 435 BILL OF COSTS. Costs Taxed in amount of $28,796.40 in favor of Defendant, SPCP Group, LLC and against Plaintiff, Danielle Gamino. #420 (rmo)
April 24, 2023 Opinion or Order Filing 434 TRANSCRIPT ORDER re: Court of Appeals case number 23-55347, as to plaintiff Danielle Gamino for Court Reporter. Court will contact Ming Siegel at ming@bartondownes.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barton, Robert)
April 21, 2023 Opinion or Order Filing 433 REPLY in support NOTICE OF MOTION AND MOTION for Attorney Fees #421 Defendant's Reply in Support of Motion for Attorneys' Fees filed by Consol Defendant SPCP Group LLC. (Rodriguez, Daniel)
April 14, 2023 Opinion or Order Filing 432 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 23-55347 assigned to Notice of Appeal to 9th Circuit Court of Appeals #427 as to Plaintiff Danielle Gamino. (car)
April 14, 2023 Opinion or Order Filing 431 OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees #421 Plaintiff's Opposition to Defendant SPCP Group LLC's Motion for Attorneys' Fees filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of R. Joseph Barton, #2 Exhibit 1 - Chart of Counsel Rates, #3 Exhibit 2 - Chart of Counsel Rates by Record Keeper, #4 Exhibit 3 - DiCicco Bio, #5 Exhibit 4 - Peterson Bio, #6 Exhibit 5 - Alamuddin Email Chain, #7 Declaration of Richard E. Donahoo, #8 Exhibit A - Master Spreadsheet of Billing, #9 Exhibit B - Spreadsheet of Other Billers, #10 Exhibit C - Spreadsheet of Time Entries of Internal Commc'ns, #11 Exhibit D - Spreadsheet of Entries from June 9-July5, 2022, #12 Exhibit E - Spreadsheet of "Research" Time Entries, #13 Exhibit F - Spreadsheet of Time Entries of Admin Work)(Barton, Robert)
April 13, 2023 Opinion or Order Filing 430 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL by Judge Stanley Blumenfeld, Jr.: Before the Court is Plaintiff's Application for Leave to File Documents Under Seal #423 . The documents are in support of Plaintiff's objections to Defendant SPCP Group, LLC's application to tax costs. The Court finds good cause under the Rule 26(c) good standard, applicable in this circumstances, to seal the engagement agreement between Groom Law Group, Chartered, and ESOP Law Group, LLC, on the grounds that it contains commercially sensitive pricing information in the form of the fee rates of a non-party, ESOP Law Group, LLC. The Court further finds good cause under the relevant standard to seal the Declaration of Danielle Gamino on the grounds that it contains personal financial information regarding Ms. Gamino's assets and liabilities. Accordingly, the Court GRANTS Plaintiff's Application to file those documents under seal. (gk)
April 10, 2023 Opinion or Order Filing 429 Notice of Filing filed by plaintiff Danielle Gamino. Notice of Filing of Corrected Documents in Support of Plaintiff's Objection to SPCP Group LLC's Application for an Award of Costs (Attachments: #1 Declaration of Colin M. Downes, #2 Exhibit 1 - SPCP Form ADV, #3 Exhibit 2 - Gamino Dep. Excerpts)(Downes, Colin)
April 10, 2023 Opinion or Order Filing 428 REPLY in Support Defendant's Reply in Support of Application for Costs filed by Consol Defendant SPCP Group LLC. (Attachments: #1 Exhibit 1 - Summary of Depo. Related Costs, #2 Exhibit 2 - Remote Depo. Stip., #3 Exhibit 3 - Email, #4 Exhibit 4 - Email)(Rodriguez, Daniel)
April 10, 2023 Opinion or Order Filing 427 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Danielle Gamino. Appeal of Order on Motion for Summary Judgment,, #338 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-35110542.) (Downes, Colin)
April 7, 2023 Opinion or Order Filing 426 OBJECTION in opposition re: APPLICATION to the Clerk to Tax Costs against Plaintiff Danielle Gamino #420 Plaintiff's Objection to Defendant SPCP Group LLC's Application for an Award of Costs filed by Plaintiff Danielle Gamino. (Attachments: #1 Exhibit A - Chart Summarizing Allowed Costs, #2 Exhibit B - Chart Itemizing Charges)(Barton, Robert)
April 7, 2023 Opinion or Order Filing 425 Certificate of Service filed by Plaintiff Danielle Gamino re: APPLICATION to file document under seal #423 , Sealed Declaration in SupportDeclaration #424 (Downes, Colin)
April 7, 2023 Opinion or Order Filing 424 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #423 filed by Plaintiff Danielle Gamino. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Downes, Colin)
April 7, 2023 Opinion or Order Filing 423 APPLICATION to file document under seal filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Downes, Colin)
April 7, 2023 Opinion or Order Filing 422 SUPPLEMENT to APPLICATION to the Clerk to Tax Costs against Plaintiff Danielle Gamino #420 , NOTICE OF MOTION AND MOTION for Attorney Fees #421 Clarification re: Defendant's Application for Costs and Motion for Attorneys' Fees filed by Consol Defendant SPCP Group LLC. (Rodriguez, Daniel)
March 24, 2023 Opinion or Order Filing 421 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant SPCP Group LLC. Motion set for hearing on 5/5/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Jared Killeen, #3 Exhibit A - Invoices ISO Mtn for Fees, #4 Exhibit B - Invoices ISO Mtn for Costs, #5 Proposed Order) (Rodriguez, Daniel)
March 24, 2023 Opinion or Order Filing 420 APPLICATION to the Clerk to Tax Costs against Plaintiff Danielle Gamino filed by Defendant SPCP Group LLC. (Attachments: #1 Exhibit TABS 5A through 5S ISO Appl to Tax Cost) (Rodriguez, Daniel)
March 11, 2023 Opinion or Order Filing 419 FINAL JUDGMENT by Judge Stanley Blumenfeld, Jr.: Pursuant to the Court's order granting in part Plaintiff's motions for final approval of the class action settlement, for attorneys' fees and costs, and for a class representative service award #403 , #404 , #405 , #414 , final judgment is hereby ordered as follows: the class is certified. The Court finds the settlements with Defendant AlerusFinancial, N.A. (Alerus) and Defendants KPC Healthcare Holdings, Inc.,KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, KaliPradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, William E.Thomas, Lori van Arsdale (together, the KPC Defendants) fair, reasonable, and adequate. The Court finally approves the settlements and the plans of allocation. The Court OVERRULES the objection of Class Member Victoria Gonzalez. Class Counsel is AWARDED $2,700,000 in attorneys' fees from the settlement fund. Class Counsel is AWARDED $664,715.96 in costs. CPT Group, Inc., the settlement administrator, is AWARDED up to $13,000 for administration of the settlement. Class Representative Danielle Gamino is AWARDED a $10,000 service award. The case is hereby DISMISSED in its entirety with prejudice. The settling parties are ordered to carry out the settlements as provided in the settlement agreements. Any motion for attorney's fees or expenses by SPCP Group, LLC shall be filed no later than ten days after entry of this judgment. See document for further details. (MD JS-6, Case Terminated). (gk)
March 11, 2023 Opinion or Order Filing 418 ORDER GRANTING IN PART MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, FOR ATTORNEYS FEES AND COSTS, AND FOR CLASS REPRESENTATIVE SERVICE AWARD (DKT. NOS. #404 , #405 , #414 ) by Judge Stanley Blumenfeld, Jr.: Plaintiffs' motions for final approval of the class action settlement, for attorneys' fees and costs, and for a service award are GRANTED IN PART, as the Court MODIFIES the requested award to the settlement administrator. Plaintiff's request to reserve part of the settlement fund for fees and costs to the non-settling Defendant is DENIED. The parties are directed to implement the settlements according to their terms, and the releases in the agreements are incorporated by reference to this order. Dkt. Nos. [322-3], [395-3]. SEE ORDER FOR DETAILS. (jgr)
March 10, 2023 Opinion or Order Filing 417 MINUTES OF Motion for Settlement Approval, Attorney Fees (Dkt. Nos. #403 , #404 , #405 , #415 ) held before Judge Stanley Blumenfeld, Jr.: The Court hears from the parties on the Court's tentative order. The Court takes the matter under submission. Any motion for attorneys fees or expenses by SPCP Group, LLC shall be filed no later than 10 days after entry of the judgment in this case. Court Reporter: Katie Thibodeaux. (jgr)
March 8, 2023 Opinion or Order Filing 416 Notice filed by plaintiff Danielle Gamino. Class Counsel's Notice of Filing of Supplemental Litigation Expense Documentation (Attachments: #1 Declaration of R. Joseph Barton, #2 Declaration of Daniel Feinberg)(Downes, Colin)
March 6, 2023 Opinion or Order Filing 415 Notice Joint Notice of Filing Report of the Independent Fiduciary for the Settlement in Gamino v. KPC Healthcare Holdings, Inc., et al. filed by Plaintiff Danielle Gamino and Defendants Alerus Financial, N.A., Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Exhibit 1)(Andre, Julian)
February 24, 2023 Opinion or Order Filing 414 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement Plaintiff's Unopposed Notice of Motion and Motion for Final Approval of Class Action Settlement filed by plaintiff Danielle Gamino. Motion set for hearing on 3/10/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Colin M. Downes, #3 Declaration of Kaylie O'Connor on behalf of CPT Group, Inc., #4 Proposed Order) (Downes, Colin)
February 14, 2023 Opinion or Order Filing 413 Notice filed by plaintiff Danielle Gamino. Notice of Filing Further Correspondence from Objector to Settlement Received by Class Counsel (Attachments: #1 Exhibit A - CPT Letter dated Jan 20, 2023, #2 Exhibit B - Objector Email dated Jan 28, 2023, #3 Exhibit C - Objector ESOP Statements)(Downes, Colin)
January 19, 2023 Opinion or Order Filing 412 Notice of Filing Objection to Settlement Received by Class Counsel filed by plaintiff Danielle Gamino. (Attachments: #1 Exhibit A - Objection)(Barton, Robert)
January 19, 2023 Opinion or Order Filing 411 NOTICE of Change of Attorney Business or Contact Information: for attorney Colin M Downes counsel for Plaintiff Danielle Gamino. Changing Firm Name to Barton & Downes LLP. Changing e-mail to colin@bartondownes.com. Filed by Plaintiff Danielle Gamino. (Downes, Colin)
January 19, 2023 Opinion or Order Filing 410 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert Joseph Barton counsel for Plaintiff Danielle Gamino. Changing Firm Name to Barton & Downes LLP. Changing e-mail to jbarton@bartondownes.com. Filed by Plaintiff Danielle Gamino. (Barton, Robert)
January 4, 2023 Opinion or Order Filing 409 Notice of Errata filed by Plaintiff Danielle Gamino. (Attachments: #1 Exhibit Feinberg Decl. Ex. 1 - Lewis Declaration, #2 Exhibit Feinberg Decl. Ex. 3 - Pearl Declaration)(Feinberg, Daniel)
January 3, 2023 Opinion or Order Filing 408 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses #405 . The following error(s) was/were found: Local Rule 7-3 compliance statement missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
January 3, 2023 Opinion or Order Filing 407 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Settlement Approval of service award for class representative #403 . The following error(s) was/were found: Local Rule 7-3 compliance statement missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
December 30, 2022 Opinion or Order Filing 406 Notice [Proposed] Order re Motion for Attorneys' Fees filed by Plaintiff Danielle Gamino. Proposed Order re: ECF no. 405. (Feinberg, Daniel)
December 30, 2022 Opinion or Order Filing 405 NOTICE OF MOTION AND MOTION for Attorney Fees and Expenses filed by Plaintiff Danielle Gamino. Motion set for hearing on 3/10/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum Memorandum of Law ISO Motion for Attorneys' Fees, #2 Declaration Declaration of Daniel Feinberg, #3 Exhibit Feinberg Decl. Ex. 1 - Lewis Declaration, #4 Exhibit Feinberg Decl. Ex. 2 - Stris Declaration, #5 Exhibit Feinberg Decl. Ex. 3 - Pearl Declaration, #6 Exhibit Pearl Decl. Ex. A - Pearl Resume, #7 Exhibit Pearl Decl. Ex. B - LA Court Awards, #8 Exhibit Pearl Decl. Ex. C - LA Attorneys' Rates, #9 Exhibit Pearl Decl. Ex. D - 2021 Real Rate Report LA, #10 Exhibit Pearl Decl. Ex. E - Peer Monitor Report 2018, #11 Exhibit Feinberg Decl. Ex. 4 - 2020 Form 5500, #12 Declaration Declaration of R. Joseph Barton, #13 Exhibit Barton Decl. Ex. A - Fee Summary (Current Rates), #14 Exhibit Barton Decl. Ex. B - Fee Summary (Historical Rates), #15 Declaration Declaration of Richard E. Donahoo) (Feinberg, Daniel)
December 30, 2022 Opinion or Order Filing 404 Corrected NOTICE OF MOTION AND MOTION for Settlement Approval of service award for class representative filed by plaintiff Danielle Gamino. Motion set for hearing on 3/10/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Feinberg, Daniel)
December 30, 2022 Opinion or Order Filing 403 NOTICE OF MOTION AND MOTION for Settlement Approval of service award for class representative filed by plaintiff Danielle Gamino. Motion set for hearing on 3/10/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Law in Support of Motion for a Service Award, #2 Declaration of Danielle Gamino, #3 Proposed Order) (Feinberg, Daniel)
December 5, 2022 Opinion or Order Filing 402 MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: re #253 Motion to Compel. In light of the District Judge's Order and thepending settlement deadlines, the currently pending Plaintiff's Motion to Compel, ECF No. 253, is DENIED, without prejudice, as MOOT. Any discovery issues may be raised at a later time, if permissible. (dc)
November 22, 2022 Opinion or Order Filing 401 NOTICE OF FILING TRANSCRIPT filed for proceedings August 19, 2022 re Transcript #400 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY
November 22, 2022 Opinion or Order Filing 400 TRANSCRIPT for proceedings held on August 19, 2022. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/13/2022. Redacted Transcript Deadline set for 12/23/2022. Release of Transcript Restriction set for 2/21/2023. (Diaz, Amy)
November 18, 2022 Opinion or Order Filing 399 ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT WITH DEFENDANT ALERUS FINANCIAL, N.A. by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Plaintiffs. motion for preliminary approval of the class action settlement #395 . The Settlement Agreement is preliminarily approved. The Court appoints CPT Group to administer this settlement. The Court sets the following schedule for the remaining deadlines and final approval for this settlement and the KPC settlement: File Motion for Award of Attorney's Fees, Costs, and Service Award 12/30/2022. File Motion for Final Approval 2/24/2023. Fairness Hearing 3/10/223. See document for further details. (gk)
November 18, 2022 Opinion or Order Filing 398 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Preliminary Approval of Settlement #395 . The Court hears from the parties on the Court's tentative order. The Court adopts its tentative ruling and will issue its order separately. Court Reporter: Suzanne McKennon. (gk)
November 8, 2022 Opinion or Order Filing 397 ORDER GRANTING JOINT REQUEST TO APPEAR REMOTELY AT THE 11/18/2022 PRELIMINARY APPROVAL HEARING by Judge Stanley Blumenfeld, Jr.: The Court hereby GRANTS the Joint Request #396 as follows: Richard E. Donahoo, William J. Delany, and Theodore M. Becker are permitted to participate in the 11/18/2022 hearing via Zoom. (gk)
November 7, 2022 Opinion or Order Filing 396 Joint REQUEST for Leave of Richard Donahoo, Theodore Becker, and William Delany to Appear for November 18, 2022 Hearing on Plaintiff's Motion for Preliminary Approval of Settlement with Alerus Remotely filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order) (Golumbic, Lars)
October 7, 2022 Opinion or Order Filing 395 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Settlement with Defendant Alerus Financial, N.A. filed by plaintiff Danielle Gamino. Motion set for hearing on 11/18/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Colin M. Downes, #3 Exhibit 1 - Settlement Agreement, #4 Exhibit 2 - Plan of Allocation, #5 Exhibit 3 - Proposed Class Notice, #6 Proposed Order) (Downes, Colin)
October 3, 2022 Opinion or Order Filing 394 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The hearing on the motion for leave to subpoena non-party Nels Carlson, Dkt. No. #356 , set for October 7, 2022, is vacated in light of the stay in this case, Dkt. No. #376 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
October 3, 2022 Opinion or Order Filing 393 NOTICE OF FILING TRANSCRIPT filed for proceedings 09/23/2022 8:58 a.m. - 9:26 a.m. re Transcript #392 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Moore, Judy) TEXT ONLY ENTRY
October 3, 2022 Opinion or Order Filing 392 TRANSCRIPT for proceedings held on 09/23/2022 8:58 a.m. - 9:26 a.m.. Court Reporter/Electronic Court Recorder: Judy K. Moore, phone number judy_moore@cacd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/24/2022. Redacted Transcript Deadline set for 11/3/2022. Release of Transcript Restriction set for 1/3/2023. (Moore, Judy)
September 28, 2022 Opinion or Order Filing 391 ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL #322 by Judge Stanley Blumenfeld, Jr: The Court GRANTS Plaintiff's motion for preliminary approval of the class action settlement. SEE ORDER FOR DETAILS. (jgr)
September 27, 2022 Opinion or Order Filing 390 TRANSCRIPT ORDER as to defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale for Court Reporter. Court will contact Julian Andre at jandre@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Andre, Julian)
September 23, 2022 Opinion or Order Filing 389 MINUTES OF Post-Settlement Status Conference and Motion for Settlement Approval held before Judge Stanley Blumenfeld, Jr.: The Court hears from the parties on the motion for preliminary approval of settlement, including the revised plan of allocation #322 . The Court takes the matter under submission. In light of the Court's order staying all deadlines between Plaintiff and Defendant Alerus pending the parties' anticipated filing of a motion seeking preliminary approval of their pending settlement, the Court vacates both the pre-trial conference set for 10/7/2022 and the trial scheduled to begin 10/11/2022. "In the event that the parties fail to complete the settlement as stated, the stay will be lifted, and new dates will be imposed that will extend no farther than the amount of stayed time." Court Reporter: Judy Moore. (gk)
September 20, 2022 Opinion or Order Filing 388 ORDER GRANTING DEFENDANT ALERUS FINANCIAL N.A.'S REQUEST TO APPEAR REMOTELY AT THE 9/23/2022 PRELIMINARY APPROVAL HEARING by Judge Stanley Blumenfeld, Jr.: Having considered Alerus Financial, N.A.'s request for counsel to appear remotely at the 9/23/2022 hearing on Plaintiff's Motion for Preliminary Approval of Settlement with the KPC Defendants #387 , the Court GRANTS Defendant Alerus Financial, N.A.'s request and William J. Delany is permitted participate in the 9/23/2022 hearing via Zoom. (gk)
September 19, 2022 Opinion or Order Filing 387 REQUEST for Leave of William Delany to Appear for the Hearing on Plaintiff's Motion for Preliminary Approval of Settlement with the KPC Defendants on September 23, 2022 Remotely filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Declaration of William Delany, #2 Proposed Order) (Golumbic, Lars)
September 19, 2022 Opinion or Order Filing 386 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court will proceed with the scheduled hearing on the motion for preliminary approval of settlement between Plaintiff and the KPC Defendants, Dkt. No. #322 , on Friday, September 23, 2022 at 8:30 a.m. in Courtroom 6C. As requested, Dkt. No. #382 , Mr. Barton and Mr. Becker are permitted to appear via Zoom. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
September 15, 2022 Opinion or Order Filing 382 Notice Joint Response filed by Plaintiff Danielle Gamino. (Feinberg, Daniel)
September 14, 2022 Opinion or Order Filing 385 ORDER GRANTING KPC DEFENDANTS' AND NON-PARTY STOUT RISIUS ROSS LLC'S JOINT APPLICATION FOR LEAVE TO FILE A REDACTED VERSION OF PLAINTIFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge Stanley Blumenfeld, Jr.: The Court GRANTS the Joint Application #379 and ORDERS sealed in part plaintiff's Proposed Findings of Fact and Conclusions of Law. (gk)
September 14, 2022 Opinion or Order Filing 384 ORDER GRANTING KPC DEFENDANTS' APPLICATION FOR LEAVE TO FILE DOCUMENT UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court GRANTS KPC Defendants' Application #377 and ORDERS sealed the Declaration of Julian L. Andre in Support of Defendant Alerus Financial, N.A.'s Application for Leave to File Redacted Proposed Findings of Fact and Conclusions of Law. (gk)
September 14, 2022 Opinion or Order Filing 383 ORDER GRANTING DEFENDANT ALERUS FINANCIAL, N.A.'S APPLICATION FOR LEAVE TO FILE REDACTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Defendant Alerus Financial, N.A.'s Application #368 and ORDERS sealed in part the Proposed Findings of Fact and Conclusions of Law. (gk)
September 13, 2022 Opinion or Order Filing 381 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document REDACTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW under seal #369 filed by Interested Party Stout Risius Ross LLC. (Attachments: #1 Exhibit - Proposed Redactions)(Fedder, Natasha)
September 13, 2022 Opinion or Order Filing 380 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #379 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Plaintiff's Proposed Findings of Facts and Conclusions of Law)(Andre, Julian)
September 13, 2022 Opinion or Order Filing 379 APPLICATION to file document under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas. (Attachments: #1 Proposed Order, #2 Redacted Document Plaintiff's Proposed Findings of Fact and Conclusions of Law, #3 Certificate of Service)(Andre, Julian)
September 13, 2022 Opinion or Order Filing 378 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #377 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas. (Attachments: #1 Unredacted Document Declaration of Julian L. Andre In Support of Alerus' Application For Leave to File Redacted Proposed Findings of Fact and Conclusions of Law)(Andre, Julian)
September 13, 2022 Opinion or Order Filing 377 APPLICATION to file document under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Redacted Document Declaration of Julian L. Andre In Support of Alerus' Application for Leave to File Redacted Proposed Findings of Fact and Conclusions of Law, #3 Certificate of Service)(Andre, Julian)
September 12, 2022 Opinion or Order Filing 376 ORDER GRANTING STIPULATION TO STAY CASE DEADLINES BETWEEN PLAINTIFF AND ALERUS FINANCIAL, N.A. by Judge Stanley Blumenfeld, Jr.: Pursuant to the Stipulation #374 , the Court stays all case deadlines as between Plaintiff and Defendant Alerus Financial, N.A. In the event that the parties fail to complete the settlement as stated, the stay will be lifted, and new dates will be imposed that will extend no farther than the amount of stayed time. Class Counsel shall consult with counsel for KPC Defendants and advise the Court as to whether the parties request that the Court continue the hearing on Plaintiff's motion for preliminary approval of the settlement with KPC Defendants, set for 9/23/2022, until the same date as the hearing on Plaintiff's motion for preliminary approval of the settlement with Alerus. Plaintiff is to file a motion seeking preliminary approval of the proposed class action settlement with Alerus no later than 10/7/2022. (gk)
September 12, 2022 Opinion or Order Filing 375 (IN CHAMBERS) NOTICE by Judge Stanley Blumenfeld, Jr.: At the request of counsel, the Court has sealed Dkt. No. 366 from public view. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
September 11, 2022 Opinion or Order Filing 374 NOTICE of Settlement -in-Principle and Stipulation to Stay Case Deadlines filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order)(Golumbic, Lars)
September 9, 2022 Opinion or Order Filing 373 CERTIFICATE OF SERVICE filed by Plaintiff Danielle Gamino, re Sealed Declaration in SupportDeclaration, #372 served on September 9, 2022. (Downes, Colin)
September 9, 2022 Opinion or Order Filing 372 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiff's Proposed Findings of Fact and Conclusions of Law under seal #371 filed by Plaintiff Danielle Gamino. (Attachments: #1 Unredacted Document Plaintiff's Proposed Findings of Fact and Conclusions of Law)(Downes, Colin)
September 9, 2022 Opinion or Order Filing 371 APPLICATION to file document Plaintiff's Proposed Findings of Fact and Conclusions of Law under seal filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Downes, Colin)
September 9, 2022 Opinion or Order Filing 370 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document REDACTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW under seal #369 filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Exhibit, #2 Exhibit)(Golumbic, Lars)
September 9, 2022 Opinion or Order Filing 369 APPLICATION to file document REDACTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW under seal filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Exhibit, #2 Exhibit)(Golumbic, Lars)
September 9, 2022 Opinion or Order Filing 368 APPLICATION for Leave to file REDACTED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Alerus Financial, N.A.. (Attachments: #1 Exhibit, #2 Proposed Order) (Golumbic, Lars)
September 9, 2022 Opinion or Order Filing 367 MEMORANDUM of CONTENTIONS of FACT and LAW Alerus Financial, N.A.. (Golumbic, Lars)
September 9, 2022 Opinion or Order Filing 365 STATUS REPORT JOINT STATUS REPORT RE: DIRECT TESTIMONY DECLARATIONS filed by Defendant Alerus Financial, N.A.. (Golumbic, Lars)
September 9, 2022 Opinion or Order Filing 364 Witness List filed by plaintiff Danielle Gamino.. (Barton, Robert)
September 9, 2022 Opinion or Order Filing 363 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Danielle Gamino. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Feinberg, Daniel)
September 9, 2022 Opinion or Order Filing 362 DECLARATION of Daniel Feinberg In support of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Settlement with KPC Defendants #322 filed by Plaintiff Danielle Gamino. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Feinberg, Daniel)
September 9, 2022 Opinion or Order Filing 361 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Settlement with KPC Defendants #322 filed by Plaintiff Danielle Gamino. (Feinberg, Daniel)
September 9, 2022 Opinion or Order Filing 360 MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Danielle Gamino. (Barton, Robert)
September 9, 2022 Opinion or Order Filing 359 STATUS REPORT JOINT STATUS REPORT RE: SETTLEMENT filed by Defendant Alerus Financial, N.A.. (Golumbic, Lars)
September 9, 2022 Opinion or Order Filing 358 JOINT Exhibit List filed by plaintiff Danielle Gamino.. (Downes, Colin)
September 8, 2022 Opinion or Order Filing 357 ORDER EXTENDING PAGE LIMITS FOR THE PARTIES' EXPERT-RELATED MOTIONS IN LIMINE by Judge Stanley Blumenfeld, Jr.: Having considered the request to extend the page limits for the parties' expert-related joint motions in limine #355 , the Court hereby GRANTS the request to extend the page limits as follows: For their respective Daubert motions, the parties may submit briefs of ten pages for the moving portion; ten pages for the opposing portion; and five pages for the reply portion. (gk)
September 8, 2022 Opinion or Order Filing 356 NOTICE OF MOTION AND MOTION to for Leave to Subpoena Non-Party Nels Carlson to Testify at Trial by Videoconference filed by plaintiff Danielle Gamino. Motion set for hearing on 10/7/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Colin M. Downes, #2 Exhibit 1 - Carlson Bio, #3 Exhibit 2 - Carlson Depo Excerpts, #4 Proposed Order) (Downes, Colin)
September 7, 2022 Opinion or Order Filing 355 Joint STIPULATION to Exceed Page Limitation as to the Parties' Joint Motions in Limine for Daubert Motions filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order)(Golumbic, Lars)
September 6, 2022 Opinion or Order Filing 354 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/26/22 10:14 a.m. re Transcript #353 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY
September 6, 2022 Opinion or Order Filing 353 TRANSCRIPT for proceedings held on 8/26/22 10:14 a.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453-7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/27/2022. Redacted Transcript Deadline set for 10/7/2022. Release of Transcript Restriction set for 12/5/2022. (apr)
August 31, 2022 Opinion or Order Filing 352 ORDER by Judge Stanley Blumenfeld, Jr: granting #350 Non-Resident Attorney Edward J. Meehan APPLICATION to Appear Pro Hac Vice on behalf of Alerus Financial, N.A., designating Andrew J. Waxler as local counsel. (lom)
August 31, 2022 Opinion or Order Filing 351 TRANSCRIPT ORDER as to Defendant Alerus Financial, N.A. for Court Smart (CS). Court will contact Lindsey Stiles at lstiles@groom.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Golumbic, Lars)
August 31, 2022 Opinion or Order Filing 350 Third APPLICATION of Non-Resident Attorney Edward J. Meehan to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500.00 Previously Paid on 8/17/2022, Receipt No. 33828610) filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order Proposed Order on Corrected Application of Non-Resident Attorney to Appear in Specific Case Pro Hac Vice) (Waxler, Andrew)
August 30, 2022 Opinion or Order Filing 349 TRANSCRIPT ORDER as to Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale for Court Smart (CS). Court will contact Julian Andre at jandre@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Andre, Julian)
August 30, 2022 Opinion or Order Filing 348 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The document (Dkt. No. #345 ) is stricken without prejudice to refiling in accordance with the Notice to Filer of Deficiencies at Dkt. No. #347 . (jgr)
August 29, 2022 Opinion or Order Filing 347 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Second APPLICATION of Non-Resident Attorney Edward J. Meehan to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500.00 Previously Paid on 8/17/2022, Receipt No. 33828610) #345 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt)
August 26, 2022 Opinion or Order Filing 346 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Plaintiff's Motion for Preliminary Approval of Settlement with KPC Defendants #322 . The Court conferred with parties on Plaintiff's Motion, and the Court's tentative order on the same. In light of information received by the parties relevant to the proposed settlement, the Court ORDERS the parties to file a supplement to the motion by 9/9/2022. The Court continues the hearing on the motion for preliminary approval to 9/23/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr. Court Reporter: CourtSmart. (gk)
August 25, 2022 Opinion or Order Filing 345 Second APPLICATION of Non-Resident Attorney Edward J. Meehan to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500.00 Previously Paid on 8/17/2022, Receipt No. 33828610) filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Waxler, Andrew)
August 25, 2022 Opinion or Order Filing 344 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The document (Dkt. No. #339 ) is stricken without prejudice to refiling in accordance with the Local Rules and regulations as indicated in the notice to filer of deficiencies (Dkt. No. #340 ). (hc)
August 22, 2022 Opinion or Order Filing 343 ORDER GRANTING DEFENDANT ALERUS FINANCIAL N.A.S REQUEST TO APPEAR REMOTELY #341 by Judge Stanley Blumenfeld, Jr. Having considered the request of Defendant Alerus Financial N.A.s counsel to appear remotely at the hearing on Plaintiffs Motion for Preliminary Approval of Settlement with the KPC Defendants currently scheduled for August 26, 2022 at 8:30 a.m., the Court hereby GRANTS the request as follows: Defendant Alerus Financial, N.A.s counsel Shaun A. Gates may participate in the August 26, 2022 hearing via videoconference. IT IS SO ORDERED. (rolm)
August 19, 2022 Opinion or Order Filing 342 MINUTES OF Post-Settlement Status Conference held before Judge Stanley Blumenfeld, Jr.: The Court hears from the parties on their ongoing settlement efforts. The Court continues the Post-Settlement Status Conference to 9/23/2022 08:30 AM before Judge Stanley Blumenfeld Jr. The Court orders the parties to conduct further mediation with Robert A. Meyer or another mediator before that date, and the parties are ordered to file a Joint Status Report by no later than 9:00 AM 9/20/2022. Court Reporter: Amy Diaz. (gk)
August 19, 2022 Opinion or Order Filing 341 REQUEST for Leave of Shaun A. Gates to Appear for the Hearing on Plaintiff's Motion for Preliminary Approval of Settlement with the KPC Defendants on August 26, 2022 Remotely filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Declaration of Shaun A. Gates, #2 Proposed Order) (Golumbic, Lars)
August 18, 2022 Opinion or Order Filing 340 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Edward J. Meehan to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33828610) #339 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lom)
August 17, 2022 Opinion or Order Filing 339 *STRICKEN - SEE DKT. NO. #344 First APPLICATION of Non-Resident Attorney Edward J. Meehan to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33828610) filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case) (Waxler, Andrew) Modified on 8/25/2022 (hc).
August 15, 2022 Opinion or Order Filing 338 ORDER GRANTING SPCP GROUP, LLC'S MOTION FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr.: There is no triable issue of fact as to whether Defendant SPCP Group, LLC ("SPCP") had actual or constructive knowledge of the circumstances that rendered the 2015 ESOP Transaction unlawful. SPCP is thus entitled to the entry of summary judgment. The Court does not reach the issue of whether Plaintiff seeks appropriate equitable relief. SPCP's motion for summary judgment #296 is therefore granted. See document for further details. (gk)
August 15, 2022 Opinion or Order Filing 337 TRANSCRIPT ORDER as to Plaintiff Danielle Gamino for Court Reporter. Court will contact Mina Mohebbi at mina@feinbergjackson.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Feinberg, Daniel)
August 15, 2022 Opinion or Order Filing 336 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (G-120), #335 . The following error(s) was found: The G-120 Transcript Order Form appears blank. Please fill out the form and resubmit. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY
August 15, 2022 Opinion or Order Filing 335 TRANSCRIPT ORDER as to Plaintiff Danielle Gamino for Court Reporter. Court will contact Mina Mohebbi at mina@feinbergjackson.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Feinberg, Daniel)
August 15, 2022 Opinion or Order Filing 334 TRANSCRIPT ORDER as to Defendant SPCP Group LLC for Court Reporter. Court will contact Denise Brown at denise.d.brown@morganlewis.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mackay, Aimee)
August 12, 2022 Opinion or Order Filing 333 ORDER GRANTING JOINT REQUEST TO APPEAR REMOTELY (Dkt. No. #332 ) by Judge Stanley Blumenfeld, Jr: The Court GRANTS the joint request. Plaintiff Danielle Gaminos lead trial counsel R. Joseph Barton and Daniel Feinberg, Defendant Alerus Financial, N.A.s lead trial counsel Lars C. Golumbic, and SPCP Group, LLCs lead trial counsel Sari Alamuddin are permitted to participate via Zoom at the conference on August 19, 2022 at 8:30 a.m. (jgr)
August 12, 2022 Opinion or Order Filing 332 Joint REQUEST for Leave of Plaintiff, Defendant SPCP and Defendant Alerus to Appear for Remotely at August 19, 2022 Post-Settlement Conference filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order) (Golumbic, Lars)
August 12, 2022 Opinion or Order Filing 331 STATUS REPORT REGARDING SETTLEMENT CONFERENCES filed by Plaintiff Danielle Gamino. (Barton, Robert)
August 11, 2022 Opinion or Order Filing 330 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/5/22 re Transcript #329 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY
August 11, 2022 Opinion or Order Filing 329 TRANSCRIPT for proceedings held on 8/5/22. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Baird, Miriam)
August 8, 2022 Opinion or Order Filing 328 TRANSCRIPT ORDER as to Defendant Alerus Financial, N.A. for Court Smart (CS). Court will contact Lindsey Stiles at lstiles@groom.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Golumbic, Lars)
August 8, 2022 Opinion or Order Filing 327 TRANSCRIPT ORDER as to defendant Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale for Court Smart (CS). Court will contact Regina Hunter at rnhunter@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Becker, Theodore)
August 4, 2022 Opinion or Order Filing 326 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel R Rodriguez counsel for Consol Defendant SPCP Group LLC. Adding Daniel R. Rodriguez as counsel of record for SPCP GROUP, LLC for the reason indicated in the G-123 Notice. Filed by Defendant SPCP GROUP, LLC. (Attorney Daniel R Rodriguez added to party SPCP Group LLC(pty:condft))(Rodriguez, Daniel)
July 29, 2022 Opinion or Order Filing 325 ORDER GRANTING KPC DEFENDANTS' REQUEST FOR THEODORE M. BECKER TO APPEAR REMOTELY AT THE 8/5/2022, HEARING by Judge Stanley Blumenfeld, Jr.: The KPC Defendants' request for Theodore M. Becker to appear remotely at the 8/5/2022, motion hearing #323 is GRANTED. Mr. Becker shall be permitted to attend the motion hearing scheduled for 8/5/2022, via Zoom video conference. (gk)
July 27, 2022 Opinion or Order Filing 324 ORDER GRANTING ALERUS FINANCIAL, N.A.'S REQUEST TO APPEAR REMOTELY AT THE 8/5/2022 HEARING ON DEFENDANT SPCP GROUP, LLC'S SUMMARY JUDGMENT MOTION by Judge Stanley Blumenfeld, Jr.: The Court, having considered the request of Alerus Financial, N.A.'s counsel to appear remotely at the hearing on Defendant SPCP Group, LLC's summary judgment motion currently scheduled for 8/5/2022 at 8:30 AM #316 , hereby GRANTS Defendant Alerus Financial, N.A.'s request as follows: Shaun A. Gates may participate in the 8/5/2022 hearing via videoconference. (gk)
July 27, 2022 Opinion or Order Filing 323 REQUEST for Leave of Theodore M. Becker to Appear for Remote Appearance at August 5, 2022 hearing on SPCP's Group, LLC's motion for summary judgment filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order) (Becker, Theodore)
July 25, 2022 Opinion or Order Filing 322 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Settlement with KPC Defendants filed by plaintiff Danielle Gamino. Motion set for hearing on 8/26/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Colin M. Downes, #3 Exhibit 1 - Settlement Agreement, #4 Exhibit 2 - Plan of Allocation, #5 Exhibit 3 - Class Notice, #6 Exhibit 4 - CPT Group Proposal, #7 Exhibit 5 - Continental Datalogix Proposal, #8 Proposed Order) (Downes, Colin)
July 25, 2022 Opinion or Order Filing 321 CERTIFICATE OF SERVICE filed by Defendant SPCP Group LLC, re Sealed Document,,,, #320 served on July 25, 2022. (Mackay, Aimee)
July 25, 2022 Opinion or Order Filing 320 SEALED DOCUMENT (s) re Joint NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint #296 , Order on Motion for Leave to File Document Under Seal,, #312 filed by Consol Defendant SPCP Group LLC. (Attachments: #1 JAF ISO MSJ, #2 Exhibit 1 to JAE, #3 Exhibit 3 to JAE, #4 Exhibit 5 to JAE, #5 Exhibit 6 to JAE, #6 Exhibit 7 to JAE, #7 Exhibit 8 to JAE, #8 Exhibit 9 to JAE, #9 Exhibit 10 to JAE, #10 Exhibit 11 to JAE, #11 Exhibit 12 to JAE, #12 Exhibit 13 to JAE, #13 Exhibit 14 to JAE, #14 Exhibit 15 to JAE, #15 Exhibit 16 to JAE, #16 Exhibit 17 to JAE, #17 Exhibit 18 to JAE, #18 Exhibit 19 to JAE, #19 Exhibit 20 to JAE, #20 Exhibit 21 to JAE, #21 Exhibit 22 to JAE, #22 Exhibit 26 to JAE, #23 Exhibit 33 to JAE, #24 Exhibit 34 to JAE, #25 Exhibit 36 to JAE, #26 Exhibit 37 to JAE, #27 Exhibit 38 to JAE, #28 Exhibit 40 to JAE, #29 Exhibit 41 to JAE, #30 Exhibit 43 to JAE, #31 Exhibit 44 to JAE, #32 Exhibit 46 to JAE, #33 Exhibit 47 to JAE)(Mackay, Aimee)
July 25, 2022 Opinion or Order Filing 319 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to appear remotely at hearing on SPCP Group, LLC's motion for summary judgment by non-movant #316 . The following error(s) was/were found: This Request does not require a hearing date, thus, clerk shall take the Request, only, off the 8/5/2022 calendar. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
July 22, 2022 Opinion or Order Filing 318 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney William R. Peterson to Appear Pro Hac Vice on behalf of Defendant SPCP Group, LLC, designating Aimee Mackay as local counsel #314 . (gk)
July 22, 2022 Opinion or Order Filing 317 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Jared Killeen to Appear Pro Hac Vice on behalf of Defendant SPCP Group, LLC, designating Aimee Mackay as local counsel #313 , #315 . (gk)
July 22, 2022 Opinion or Order Filing 316 REQUEST to appear remotely at hearing on SPCP Group, LLC's motion for summary judgment by non-movant Alerus Financial, N.A.. Request set for hearing on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration, #2 Proposed Order) (Golumbic, Lars)
July 22, 2022 Opinion or Order Filing 315 Corrected APPLICATION of Non-Resident Attorney Jared Killeen to Appear Pro Hac Vice on behalf of Consol Defendant SPCP Group LLC (Pro Hac Vice Fee - $500 Previously Paid on 7/21/2022, Receipt No. 33673708) filed by Defendant SPCP Group LLC. (Attachments: #1 Proposed Order) (Mackay, Aimee)
July 21, 2022 Opinion or Order Filing 314 APPLICATION of Non-Resident Attorney William R. Peterson to Appear Pro Hac Vice on behalf of Consol Defendant SPCP Group LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33673846) filed by Defendant SPCP Group LLC. (Attachments: #1 Proposed Order) (Mackay, Aimee)
July 21, 2022 Opinion or Order Filing 313 APPLICATION of Non-Resident Attorney Jared Killeen to Appear Pro Hac Vice on behalf of Consol Defendant SPCP Group LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33673708) filed by Defendant SPCP Group LLC. (Attachments: #1 Proposed Order) (Mackay, Aimee)
July 19, 2022 Opinion or Order Filing 312 ORDER REGARDING APPLICATION FOR LEAVE TO FILE JOINT BRIEF RE DEFENDANT SPCP GROUP, LLC'S MOTION FOR SUMMARY JUDGMENT AND SUPPORTING DOCUMENTS UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court GRANTS SPCP's Application #293 and ORDERS sealed in whole or in part the requested documents described in this order and in the Declaration of Aimee Mackay in Support of the Application for Leave to File Defendant SPCP Group, LLC's Motion for Summary Judgment and Supporting Documents Under Seal. See document for further details. (gk)
July 19, 2022 Opinion or Order Filing 311 ORDER GRANTING KPC DEFENDANTS' APPLICATION FOR LEAVE TO FILE DOCUMENT UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court GRANTS KPC Defendants' Application for Leave to File Document Under Seal #306 and ORDERS sealed the Declaration of Julian L. Andre regarding Consolidated Defendant SPCP Group LLC's ("SPCP") Application for Leave to File Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits In Support of Motion for Summary Judgment. The docket entry to be sealed is Dkt. No. 307. (gk)
July 11, 2022 Opinion or Order Filing 310 ORDER TO EXTEND DEADLINE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH KPC DEFENDANTS by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #301 , the Court hereby extends the deadline to file a motion for preliminary approval of the class action settlement between Plaintiff and KPC Defendants to 7/25/2022. (gk)
July 11, 2022 Opinion or Order Filing 309 ORDER GRANTING DEFENDANT SPCP GROUP, LLC'S EX PARTE APPLICATION TO HEAR ITS SUMMARY JUDGMENT MOTION AFTER THE MOTION CUT-OFF DATE AND ADMONISHING SPCP by Judge Stanley Blumenfeld, Jr.: The Court GRANTS Defendant's Ex Parte Application #292 . The deadlines Motion for Summary Judgment #296 shall be heard on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr. Defendant SPCP Group, LLC shall file a rely brief no later than 7/22/2022. (gk)
July 9, 2022 Opinion or Order Filing 308 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (s) Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits ISO Motion for Summary Judgment under seal #293 filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Exhibit 43 - Proposed Redactions)(Golumbic, Lars)
July 8, 2022 Opinion or Order Filing 307 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Julian L. Andre under seal #306 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Declaration of Julian L. Andre In Support of Defendant SPCP Group LLC's Application For Leave to File Documents Under Seal)(Andre, Julian)
July 8, 2022 Opinion or Order Filing 306 APPLICATION to file document Declaration of Julian L. Andre under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Redacted Document Declaration of Julian L. Andre In Support of Defendant SPCP Group LLC's Application For Leave to File Documents Under Seal, #2 Proposed Order, #3 Certificate of Service)(Andre, Julian)
July 8, 2022 Opinion or Order Filing 305 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (s) Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits ISO Motion for Summary Judgment under seal #293 filed by Interested Party Stout Risius Ross LLC. (Attachments: #1 Exhibit 15 - Proposed Redactions, #2 Exhibit 26 - Proposed Redactions, #3 Exhibit 40 - Proposed Redactions)(Fedder, Natasha)
July 8, 2022 Opinion or Order Filing 304 NOTICE of Appearance filed by attorney Natasha Sophia Fedder on behalf of Interested Party Stout Risius Ross LLC (Attorney Natasha Sophia Fedder added to party Stout Risius Ross LLC(pty:ip))(Fedder, Natasha)
July 8, 2022 Opinion or Order Filing 303 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (s) Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits ISO Motion for Summary Judgment under seal #293 filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Exhibit 43 - Proposed Redactions)(Golumbic, Lars)
July 7, 2022 Opinion or Order Filing 302 SUPPLEMENT to Joint NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint #296 Defendant SPCP Group, LLC's Supplemental Brief in Support of Motion for Summary Judgment filed by Consol Defendant SPCP Group LLC. (Mackay, Aimee)
July 7, 2022 Opinion or Order Filing 301 Joint STIPULATION for Extension of Time to File Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Donahoo, Richard)
July 7, 2022 Opinion or Order Filing 300 OPPOSITION re: APPLICATION to file document (s) Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits ISO Motion for Summary Judgment under seal #293 filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Donahoo, Richard)
July 6, 2022 Opinion or Order Filing 299 OPPOSITION re: EX PARTE APPLICATION to Continue the Cut-Off Date for a Summary Judgment Motion Hearing #292 filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of Daniel Feinberg, #2 [Proposed] Order Re: Defendant SPCP Group, LLC's Ex Parte Application to Continue the Cut-Off Date for a Summary Judgment Motion Hearing)(Feinberg, Daniel)
July 5, 2022 Opinion or Order Filing 297 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT ALERUS FINANCIAL, N.A.'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER by Judge Stanley Blumenfeld, Jr.: The Court grants Alerus's motion #284 . The proposed amended answer submitted as an exhibit to the motion, Dkt. No. 284-2, is deemed filed. See document for further details. Court Reporter: N/A. (gk)
July 5, 2022 Opinion or Order Filing 296 Joint NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint filed by Defendant SPCP Group LLC. Motion set for hearing on 8/5/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Joint MSJ Brief, #2 Joint Appendix of Facts, #3 Joint Appendix of Evidence (Vol. 1), #4 Joint Appendix of Evidence (Vol. 2), #5 Joint Appendix of Evidence (Vol. 3), #6 Joint Appendix of Evidence (Vol. 4), #7 Joint Appendix of Evidence (Vol. 5), #8 Proposed Order) (Mackay, Aimee)
July 5, 2022 Opinion or Order Filing 295 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (s) Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits ISO Motion for Summary Judgment under seal #293 filed by Consol Defendant SPCP Group LLC. (Attachments: #1 Unredacted Document Joint MSJ Brief, #2 Unredacted Document Joint Appendix of Facts, #3 Unredacted Document Ex. 1 to JAE, #4 Unredacted Document Ex. 3 to JAE, #5 Unredacted Document Ex. 5 to JAE, #6 Unredacted Document Ex. 6 to JAE, #7 Unredacted Document Ex. 7 to JAE, #8 Unredacted Document Ex. 8 to JAE, #9 Unredacted Document Ex. 9 to JAE, #10 Unredacted Document Ex. 10 to JAE, #11 Unredacted Document Ex. 11 to JAE, #12 Unredacted Document Ex. 12 to JAE, #13 Unredacted Document Ex. 13 to JAE, #14 Unredacted Document Ex. 14 to JAE, #15 Unredacted Document Ex. 15 to JAE, #16 Unredacted Document Ex. 16 to JAE, #17 Unredacted Document Ex. 17 to JAE, #18 Unredacted Document Ex. 18 to JAE, #19 Unredacted Document Ex. 19 to JAE, #20 Unredacted Document Ex. 20 to JAE, #21 Unredacted Document Ex. 21 to JAE, #22 Unredacted Document Ex. 22 to JAE, #23 Unredacted Document Ex. 25 to JAE, #24 Unredacted Document Ex. 33 to JAE, #25 Unredacted Document Ex. 34 to JAE, #26 Unredacted Document Ex. 36 to JAE, #27 Unredacted Document Ex. 37 to JAE, #28 Unredacted Document Ex. 38 to JAE, #29 Unredacted Document Ex. 40 to JAE, #30 Unredacted Document Ex. 41 to JAE, #31 Unredacted Document Ex. 43 to JAE, #32 Unredacted Document Ex. 44 to JAE, #33 Unredacted Document Ex. 46 to JAE, #34 Unredacted Document Ex. 47 to JAE)(Mackay, Aimee)
July 5, 2022 Opinion or Order Filing 294 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (s) Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits ISO Motion for Summary Judgment under seal #293 filed by Consol Defendant SPCP Group LLC.(Mackay, Aimee)
July 5, 2022 Opinion or Order Filing 293 APPLICATION to file document (s) Joint Motion for Summary Judgment, Joint Appendix of Facts and Joint Appendix Exhibits ISO Motion for Summary Judgment under seal filed by Consol Defendant SPCP Group LLC. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Redacted Document Joint MSJ Brief, #4 Redacted Document Joint Appendix of Fact, #5 Redacted Document Ex. 1 to JAE, #6 Redacted Document Ex. 3 to JAE, #7 Redacted Document Ex. 5 to JAE, #8 Redacted Document Ex. 6 to JAE, #9 Redacted Document Ex. 7 to JAE, #10 Redacted Document Ex. 8 to JAE, #11 Redacted Document Ex. 9 to JAE, #12 Redacted Document Ex. 10 to JAE, #13 Redacted Document Ex. 11 to JAE, #14 Redacted Document Ex. 12 to JAE, #15 Redacted Document Ex. 13 to JAE, #16 Redacted Document Ex. 14 to JAE, #17 Redacted Document Ex. 15 to JAE, #18 Redacted Document Ex. 16 to JAE, #19 Redacted Document Ex. 17 to JAE, #20 Redacted Document Ex. 18 to JAE, #21 Redacted Document Ex. 19 to JAE, #22 Redacted Document Ex. 20 to JAE, #23 Redacted Document Ex. 21 to JAE, #24 Redacted Document Ex. 22 to JAE, #25 Redacted Document Ex. 26 to JAE, #26 Redacted Document Ex. 33 to JAE, #27 Redacted Document Ex. 34 to JAE, #28 Redacted Document Ex. 36 to JAE, #29 Redacted Document Ex. 37 to JAE, #30 Redacted Document Ex. 38 to JAE, #31 Redacted Document Ex. 40 to JAE, #32 Redacted Document Ex. 41 to JAE, #33 Redacted Document Ex. 43 to JAE, #34 Redacted Document Ex. 44 to JAE, #35 Redacted Document Ex. 46 to JAE, #36 Redacted Document Ex. 47 to JAE)(Mackay, Aimee)
July 5, 2022 Opinion or Order Filing 292 EX PARTE APPLICATION to Continue the Cut-Off Date for a Summary Judgment Motion Hearing filed by Defendant SPCP Group LLC. (Attachments: #1 Declaration of Aimee Mackay in Support of Defendant SPCP Group LLC's Ex Parte Application to Continue the Cut-Off Date for a Summary Judgment Motion Hearing, #2 Proposed Order re: Defendant SPCP Group, LLC's Ex Parte Application to Continue the Cut-Off Date for a Summary Judgment Motion Hearing) (Mackay, Aimee)
June 29, 2022 Opinion or Order Filing 291 MINUTES OF ORDER RE: INFORMAL DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani: The Court heard argument with respect to the applicableFederal Rules of Civil Procedure and the Local Rules and the Magistrate Judges ability to order briefing on the discovery issue in light of the District Judge's scheduling order. For the reasons stated on the record, Plaintiff's motion to compel the production of the document sought fromAlerus is DENIED based on the scheduling order deadlines in place. Court Recorder: courtsmart. (dc)
June 29, 2022 Opinion or Order Filing 290 MINUTES OF ORDER RE: INFORMAL DISCOVERY DISPUTE PORTION OF HEARING UNDER SEALED held before Magistrate Judge Shashi H. Kewalramani: The portion of the hearingwith respect to Mark Fourniers designation of transcripts is under seal, and as discussed on the record, the Court and the parties identified the portions and manner in which Stout shall designate portions of Mr. Fournier's deposition under the protective order. The designations shall be provided in accordance with the timeline set on the record. With respect to the request for production of document issue raised by Plaintiff regarding Defendant Alerus, the Court sets a further status conference for June 29, 2022 at 10:00 a.m. Court Recorder: XTR Recording. (dc)
June 24, 2022 Opinion or Order Filing 289 REPLY in support of NOTICE OF MOTION AND MOTION for Leave to file an Amended Answer #284 filed by Defendant Alerus Financial, N.A.. (Golumbic, Lars)
June 22, 2022 Opinion or Order Filing 288 ORDER CONTINUING DEADLINES IN THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: Having considered the request to continue the deadlines in the case management order #287 , the Court hereby modifies the case management order. Fact Discovery Cutoff 6/10/2022 except for Sinnathamby and Demetrius depositions (6/30/2022 and 7/7/2022). Expert Discovery Cutoff 7/08/2022 except for Goldberg deposition (7/12/2022). (gk)
June 21, 2022 Opinion or Order Filing 287 Joint STIPULATION to Extend Discovery Cut-Off Date to July 12, 2022 filed by plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Barton, Robert)
June 17, 2022 Opinion or Order Filing 286 OPPOSITION re: NOTICE OF MOTION AND MOTION for Leave to file an Amended Answer #284 filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of R. Joseph Barton)(Weis, Anne)
June 16, 2022 Opinion or Order Filing 285 MINUTES OF RE #283 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: A further status conference is set for June 28, 2022, at 9:00 a.m. Court Recorder: XTR Recording. (dc)
June 9, 2022 Opinion or Order Filing 298 AMENDED ANSWER to First Amended Complaint #179 filed by Defendant Alerus Financial, N.A. (gk)
June 9, 2022 Opinion or Order Filing 284 NOTICE OF MOTION AND MOTION for Leave to file an Amended Answer filed by Defendant Alerus Financial, N.A.. Motion set for hearing on 7/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Proposed Amended Answer, #3 Exhibit 2 - Redline, #4 Declaration of William J. Delany, #5 Exhibit A - Alerus Objections & Responses to Plaintiffs Fourth Set of Interrogatories, #6 Exhibit B - SPCP Group LLCs Responses to Plaintiffs Fourth Set of Interrogatories, #7 Proposed Order) (Golumbic, Lars)
June 6, 2022 Opinion or Order Filing 283 NOTICE OF MOTION AND MOTION for Order for Informal Discovery Dispute Zoom Video Conference set for 6/16/2022 11:00 AM before Magistrate Judge Shashi H. Kewalramani. (dc)
June 1, 2022 Opinion or Order Filing 282 ORDER GRANTING STIPULATION TO STAY THE PROCEEDINGS AS TO THE KPC DEFENDANTS PENDING THE COURTS CONSIDERATION OF A CLASS ACTION SETTLEMENT by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #277 , IT IS HEREBY ORDERED that Plaintiff shall file a motion for preliminary approval of the proposed class action settlement between Plaintiff and the KPC Defendants on or before 7/11/2022. Pending the Court's consideration and approval of the proposed class action settlement: (a) The litigation between Plaintiff (and the Class) and the KPC Defendants is hereby stayed. (b) All discovery, discovery disputes, and other proceedings as to the KPC Defendants are stayed. (c) All current case deadlines relating to the KPC Defendants are vacated, subject to expedited reinstatement in the event that the settlement fails. (d) All pending motions #124 , #253 as to the KPC Defendants shall be held in abeyance. Within five days, Plaintiff and the KPC Defendants shall meet-and-confer and submit to the Court an expedited schedule that places this case on the same trial track that existed before the stay. See document for further details. (gk)
June 1, 2022 Opinion or Order Filing 281 ORDER CONTINUING FACT DISCOVERY CUTOFF FOR A LIMITED PURPOSE by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #278 , the Court hereby modifies the case management order. Bench Trial set for 10/10/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Pretrial Conference set for 10/7/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Deadline for Amended Complaint 8/13/2021. Fact Discovery cut-off 6/10/2022. Non-Discovery Motion Hearing Cutoff 7/22/2022. Settlement Conference Deadline 8/5/2022. Post-Settlement Status Conference set for 8/19/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 8/12/2022. Trial Filings (1st Set) due 9/16/2022. Trial Filings (2nd Set) due 9/23/2022. See document for further details. (gk)
May 27, 2022 Opinion or Order Filing 280 Expert Designation filed by Defendant Alerus Financial, N.A. (Golumbic, Lars)
May 27, 2022 Opinion or Order Filing 279 Expert Designation filed by Defendant Alerus Financial, N.A., Consol Defendant SPCP Group LLC (Golumbic, Lars)
May 26, 2022 Opinion or Order Filing 278 Joint STIPULATION to Extend Discovery Cut-Off Date to 6/30/22 and 7/07/22 filed by plaintiff Danielle Gamino. (Attachments: #1 Proposed Order Continuing Deadlines in the Case Management Order)(Feinberg, Daniel)
May 26, 2022 Opinion or Order Filing 277 Joint STIPULATION to Stay Case pending The Court's Consideration and Approval of a Class Action Settlement filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, SPCP Group LLC, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order)(Andre, Julian)
May 26, 2022 Opinion or Order Filing 276 FOR COURT USE ONLY: STATISTICAL CORRECTION (order action) re: #274 MINUTES OF STATUS CONFERENCE RE: INFORMAL DISCOVERY DISPUTE and #275 Motion for Informal Discovery Order. (dc)
May 20, 2022 Opinion or Order Filing 274 MINUTES OF STATUS CONFERENCE RE: INFORMAL DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani: the Court noted that thedesignations of the documents under the Protective Order were done by third party Stout Risius Ross (Stout), that Stout's counsel should be given an opportunity to respond to the issues raised by Plaintiffs, and that if issues remain regarding the designation of the materials under the Protective Order the parties may contact the for any remaining issues in this regard. Court Recorder: courtsmart. (dc)
May 20, 2022 Opinion or Order Filing 273 MINUTES OF Motion to Bifurcate Hearing held before Judge Stanley Blumenfeld, Jr.: The Court declines to exercise its discretion to bifurcate the case as requested and denies the motion #252 . See document for further details. Court Reporter: Marea Woolrich. (gk)
May 19, 2022 Opinion or Order Filing 275 NOTICE OF MOTION AND MOTION for Order for Informal Discovery Dispute Video Conference previously set for 5/20/2022 01:00 PM before Magistrate Judge Shashi H. Kewalramani. (dc)
May 18, 2022 Opinion or Order Filing 272 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew J. Waxler counsel for Defendant Alerus Financial, N.A.. Adding Madeleine C. Halley as counsel of record for Alerus Financial, N.A. for the reason indicated in the G-123 Notice. Filed by Defendant Alerus Financial, N.A.. (Waxler, Andrew)
May 18, 2022 Opinion or Order Filing 271 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew J. Waxler counsel for Defendant Alerus Financial, N.A.. Samuel S. Rose is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Alerus Financial, N.A.. (Waxler, Andrew)
May 18, 2022 Opinion or Order Filing 270 NOTICE of Change of address by Andrew J. Waxler attorney for Defendant Alerus Financial, N.A.. Changing attorneys address to 11111 Santa Monica Blvd., Suite 850, Los Angeles, CA 90025. Filed by Defendant Alerus Financial, N.A.. (Waxler, Andrew)
May 16, 2022 Opinion or Order Filing 269 (IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court orders counsel for defendant KPC Healthcare Holdings, Inc. to appear in-person before this Court on the scheduled May 20, 2022 hearing at 8:30 a.m. Counsel who appears on behalf of defendant KPC Healthcare Holdings, Inc. should be knowledgeable about the status of settlement discussions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
May 2, 2022 Opinion or Order Filing 267 TRANSCRIPT ORDER as to Defendant SPCP Group LLC for Court Smart (CS). Court will contact Denise Brown at denise.d.brown@morganlewis.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Mackay, Aimee)
May 2, 2022 Opinion or Order Filing 266 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/27/2022 3:30 P.M. to 4:34 P.M. re Transcript #265 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY
May 2, 2022 Opinion or Order Filing 265 TRANSCRIPT for proceedings held on 4/27/2022 3:30 P.M. to 4:34 P.M. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (aa)
April 28, 2022 Opinion or Order Filing 264 TRANSCRIPT ORDER as to Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale for Court Smart (CS). Court will contact Julian Andre at jandre@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Andre, Julian)
April 27, 2022 Opinion or Order Filing 268 MINUTES OF ORDER RE: CONTINUED INFORMAL DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani: The Court will issue its order under separate cover. Court Recorder: courtsmart. (dc)
April 26, 2022 Opinion or Order Filing 263 REPLY in support of MOTION to Compel #253 filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of Colin M. Downes, #2 Exhibit 1 - Gamache v. Hogue Minute Sheet, #3 Exhibit 2 - Plaintiff's Initial Disclosures)(Downes, Colin)
April 22, 2022 Opinion or Order Filing 262 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Sean C. Abouchedid to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A., designating Andrew J. Waxler as local counsel #258 . (gk)
April 22, 2022 Opinion or Order Filing 261 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Deborah S. Davidson to Appear Pro Hac Vice on behalf of Consol Defendant SPCP Group, LLC, designating Aimee Mackay as local counsel #259 . (gk)
April 21, 2022 Opinion or Order Filing 260 OPPOSITION to MOTION to Compel #253 Financial Information filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Declaration of Theodore M. Becker, #2 Declaration of Julian L. Andre & Exhibits A-C)(Andre, Julian)
April 21, 2022 Opinion or Order Filing 259 APPLICATION of Non-Resident Attorney Deborah S. Davidson to Appear Pro Hac Vice on behalf of Consol Defendant SPCP Group LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33169122) filed by Defendant SPCP Group LLC. (Attachments: #1 Proposed Order) (Mackay, Aimee)
April 21, 2022 Opinion or Order Filing 258 APPLICATION of Non-Resident Attorney Sean C. Abouchedid to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500.00 Previously Paid on 4/20/2022, Receipt No. 33158760) filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order [Proposed] Order on Application of Non-Resident Attorney to Appear in Specific Case Pro Hac Vice) (Waxler, Andrew)
April 20, 2022 Opinion or Order Filing 257 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Sean C. Abouchedid to Appear Pro Hac Vice (Dkt. No. #255 ) by Judge Stanley Blumenfeld, Jr. The document is stricken in accordance with the Notice to Filer of Deficiencies (Dkt. No. #256 ). The filer may refile their application using the same previously paid fee with Receipt No. ACACDC-33158760. (jgr)
April 20, 2022 Opinion or Order Filing 256 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Sean C. Abouchedid to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33158760) #255 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Case information is incomplete. DJ and MJ initials missing on application and proposed order. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt)
April 20, 2022 Opinion or Order Filing 255 ** Stricken - See Dkt. No. #257 ** APPLICATION of Non-Resident Attorney Sean C. Abouchedid to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33158760) filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order Proposed Order on Application of Non-Resident Attorney to Appear Pro Hac Vice) (Waxler, Andrew) Modified on 4/20/2022 (jgr).
April 18, 2022 Opinion or Order Filing 254 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Deborah Davidso. 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. (gk)
April 14, 2022 Opinion or Order Filing 253 NOTICE OF MOTION AND MOTION to Compel filed by Plaintiff Danielle Gamino. Motion set for hearing on 4/27/2022 at 03:30 PM before Magistrate Judge Shashi H. Kewalramani. (Attachments: #1 Declaration of Colin M. Downes in Support of Motion to Compel, #2 Exhibit A, Plaintiff's Sixth Set of RFPs, #3 Exhibit B, Plaintiff's Third Set of Interrogatories, #4 Exhibit C, Chaudhuri and Thomas's Objections and Responses to Sixth RFPs, #5 Exhibit D, Chaudhuri and Thomas's Objections and Responses to Third Interrogatories, #6 Exhibit E, L.R. 37-1 Letter dated January 28, 2022, #7 Exhibit F, Letter dated March 2, 2022, #8 Proposed Order Granting Motion to Compel)(Downes, Colin)
April 14, 2022 Opinion or Order Filing 252 NOTICE OF MOTION AND MOTION to Bifurcate Trial filed by Defendant SPCP Group LLC. Motion set for hearing on 5/20/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Aimee Mackay ISO Motion to Bifurcate Trial, #2 Exhibit A to Decl of Mackay - 2022.01.21 - Hearing Transcript Excerpt, #3 Proposed Order) (Mackay, Aimee)
April 13, 2022 Opinion or Order Filing 251 Notice of Appearance or Withdrawal of Counsel: for attorney Maria C Rodriguez counsel for Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Filed by Defendants Defendants. (Rodriguez, Maria)
April 13, 2022 Opinion or Order Filing 250 NOTICE OF FILING TRANSCRIPT filed for proceedings 04/07/22 re Transcript #249 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (yja) TEXT ONLY ENTRY
April 13, 2022 Opinion or Order Filing 249 TRANSCRIPT for proceedings held on 04/07/22. Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/4/2022. Redacted Transcript Deadline set for 5/16/2022. Release of Transcript Restriction set for 7/12/2022. (yja)
April 11, 2022 Opinion or Order Filing 248 TRANSCRIPT ORDER as to plaintiff Danielle Gamino for Court Reporter. Court will contact Ming Siegel at ming@blockleviton.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Downes, Colin)
April 8, 2022 Opinion or Order Filing 247 TRANSCRIPT ORDER as to Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale for Court Smart (CS). Court will contact Julian Andre at jandre@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Andre, Julian)
April 8, 2022 Opinion or Order Filing 246 TRANSCRIPT ORDER as to Defendant SPCP Group LLC for Court Smart (CS). Court will contact Denise Brown at denise.d.brown@morganlewis.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Mackay, Aimee)
April 7, 2022 Opinion or Order Filing 245 MINUTES OF ORDER RE: CONTINUED INFORMAL DISCOVERY DISPUTE #244 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and the parties, Plaintiff's 15 -pageMotion to Compel shall be filed no later than April 14, 2022. Defendants 15-page Opposition shall be filed no later than April 21, 2022. Plaintiffs 5-page Reply shall be filed no later than April 26, 2022. A further status conference is set for April 27, 2022, 3:30 p.m. by video zoom webinar. All briefs are to be double-spaced, 14-point font, and the page limit does not apply to any exhibits that may be attached to the briefing. Court Recorder: XTR Recording. (dc)
April 6, 2022 Opinion or Order Filing 244 NOTICE OF MOTION AND MOTION for Order for Informal Discovery Dispute Zoom Video Conference set for 4/7/2022 10:00 AM before Magistrate Judge Shashi H. Kewalramani. (dc)
April 5, 2022 Opinion or Order Filing 243 MINUTE ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION #230 by Judge Stanley Blumenfeld, Jr. See document for details. Court Reporter: N/A. (gk)
April 1, 2022 Opinion or Order Filing 242 REPLY in Support of NOTICE OF MOTION AND MOTION to Certify Class #230 filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of R. Joseph Barton, #2 Exhibit 1 - Excerpts of Continued Deposition of Danielle Gamino, #3 Exhibit 2 - SPCP's Responses to 1st Set of RFAs)(Barton, Robert)
March 25, 2022 Opinion or Order Filing 241 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #230 filed by Consol Defendant SPCP Group LLC. (Attachments: #1 Declaration of Aimee Mackay, #2 Exhibit A - Depo. Excerpts (Gamino))(Mackay, Aimee)
March 23, 2022 Opinion or Order Filing 240 NOTICE of Appearance filed by attorney Andrew J Waxler on behalf of Defendant Alerus Financial, N.A. (Waxler, Andrew)
March 18, 2022 Opinion or Order Filing 239 Notice of Appearance or Withdrawal of Counsel: for attorney Anne Weis counsel for Plaintiff Danielle Gamino. Filed by plaintiff Danielle Gamino. (Attorney Anne Weis added to party Danielle Gamino(pty:pla))(Weis, Anne)
March 12, 2022 Opinion or Order Filing 238 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Sari Alamuddin to Appear Pro Hac Vice on behalf of Consolidated Defendant SPCP Group LLC, designating Aimee Mackay as local counsel #234 . (gk)
March 12, 2022 Opinion or Order Filing 237 ORDER by Judge Stanley Blumenfeld, Jr. Granting Request for Approval of Substitution of Attorney Aimee Mackay for Consolidated Defendant SPCP Group, LLC in place of Attorneys Theodore M. Becker and Julian L. Andre #235 . (gk)
March 10, 2022 Opinion or Order Filing 236 Joint STIPULATION for Discovery as to Allow SPCP to Take the Continued Deposition of Plaintiff filed by Defendant SPCP Group LLC.(Mackay, Aimee)
February 28, 2022 Opinion or Order Filing 235 Corrected REQUEST TO WITHDRAW ATTORNEY Julian L. Andre and Theodore M. Becker as counsel of record filed by Consolidated Defendant SPCP Group LLC. (Attachments: #1 Proposed Order) (Andre, Julian)
February 28, 2022 Opinion or Order Filing 234 APPLICATION of Non-Resident Attorney Sari Alamuddin to Appear Pro Hac Vice on behalf of Consol Defendant SPCP Group LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32862106) filed by Defendant SPCP Group LLC. (Attachments: #1 Proposed Order) (Mackay, Aimee)
February 28, 2022 Opinion or Order Filing 233 MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: granting #226 Motion for Leave. For the reasons set forth previously, Plaintiffs request for six additional fact witnessdepositions [ECF No. 226] is GRANTED. (dc)
February 24, 2022 Opinion or Order Filing 232 MINUTES OF ORDER RE: INFORMAL DISCOVERY DISPUTE; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani. Following arguments by the parties, and as set forth on the record, the Court found that Plaintiffs' request for additional depositions is GRANTED and Plaintiffs shall be allowed to take 16 depositions, exclusive of experts, in this matter. The Court will issue a written order under separate cover. Court Recorder: Riverside C/S 4. (hr) (Main Document 232 replaced on 2/24/2022) (hr).
February 23, 2022 Opinion or Order Filing 231 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. In accordance with the Notice to Filer of Deficiencies (Dkt. No. #228 ): The document at Dkt. No. #227 is stricken. The filer is instructed to refile their request with the signature of new proposed counsel. The filer is reminded to provide the Chambers Inbox with a Word version of the proposed order. (jgr)
February 18, 2022 Opinion or Order Filing 229 Letter Brief in opposition re: MOTION for Leave to Exceed 10 Deposition Limitation #226 filed by Defendants Alerus Financial, N.A., Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale, Consol Defendant SPCP Group LLC. (Attachments: #1 Exhibit 1 - Andr Decl. ISO SPCPs Opposition to Plaintiffs Motion to Consolidate, #2 Exhibit 2 - Plaintiffs Motion to Consolidate, #3 Exhibit 3 - Plaintiffs Reply Brief ISO Motion to Consolidate, #4 Exhibit 4 - Joint Rule 26(f) Report)(Andre, Julian)
February 18, 2022 Opinion or Order Filing 228 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY Julian L. Andre and Theodore M. Becker as counsel of record #227 . The following error(s) was/were found: The form is unsigned by new attorney Mackay. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
February 16, 2022 Opinion or Order Filing 230 NOTICE OF MOTION AND MOTION for Class Certification of the Claim Against SPCP Group LLC filed by Plaintiff Danielle Gamino. Motion set for hearing on 4/8/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr. (gk)
February 16, 2022 Opinion or Order Filing 227 *** STRICKEN SEE DKT. NO. #231 *** REQUEST TO WITHDRAW ATTORNEY Julian L. Andre and Theodore M. Becker as counsel of record filed by Consolidated Defendant SPCP Group LLC. (Attachments: #1 Proposed Order) (Andre, Julian) Modified on 2/23/2022 (jgr).
February 15, 2022 Opinion or Order Filing 226 NOTICE OF MOTION AND MOTION for Leave to Exceed 10 Deposition Limitation filed by Plaintiff Danielle Gamino. Motion set for hearing on 3/23/2022 at 09:00 AM before Magistrate Judge Shashi H. Kewalramani. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Donahoo, Richard)
February 11, 2022 Opinion or Order Filing 225 MINUTES OF VIDEO CONFERENCE RE: DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani. The Court set the following briefing schedule to address the issue. Plaintiffs' letter brief is due by February 15, 2022 and Defendants letter brief is due by February 18, 2022. The letter briefs shall be no longer than 3 pages, single spaced, 12 point font, and the page limit is exclusive of attachments. A hearing on the matter will be held on February 23, 2022 at 9 a.m. via Zoom. Court Reporter: CS RS-No.4. (et)
February 10, 2022 Opinion or Order Filing 224 Notice of Appearance or Withdrawal of Counsel: for attorney Aimee G Mackay counsel for Consol Defendant SPCP Group LLC. Adding Aimee Mackay as counsel of record for SPCP GROUP, LLC for the reason indicated in the G-123 Notice. Filed by Defendant SPCP GROUP, LLC. (Attorney Aimee G Mackay added to party SPCP Group LLC(pty:condft))(Mackay, Aimee)
February 4, 2022 Opinion or Order Filing 223 ANSWER to Amended Complaint/Petition #179 filed by Defendant SPCP Group LLC.(Becker, Theodore)
January 21, 2022 Opinion or Order Filing 222 MINUTES OF Mandatory Scheduling Conference and Motion Hearing held before Judge Stanley Blumenfeld, Jr.: The Motion to Consolidate Danielle Gamino v. KPC Healthcare Holdings, Inc. et al., Case No. 5:20-cv-01126-SB-SHKx (the KPC Action) and Danielle Gamino v. SPCP Group, LLC et al., Case No. 5:21-cv-01466-SB-SHKx (the SPCP Action) #213 is GRANTED and the cases are CONSOLIDATED into the first-filed KPC Action. The Motion to Dismiss FAC in the SPCP Action is DENIED. The deadlines in the case management order in the KPC Action now apply to both consolidated cases, with the following modifications: SPCP shall file its answer to the FAC no later than 2/4/2022. Plaintiff's motion for class certification with respect to SPCP shall be filed no later than 2/18/2022, to be heard no later than 4/22/2022. SPCP's opposition is due by 3/25/2022, and Plaintiff's reply, if any, is due no later than 4/1/2022. Additionally, if they agree that it would be helpful to the efficient resolution of the case, the parties may file a joint stipulation to extend the nonexpert discovery deadline from 6/10/2022 until 7/8/2022 (the expert discovery deadline). If the parties file such a stipulation on or before 2/4/2022, it will be effective without further order of the Court, and the deadline for all discovery (both expert and nonexpert) will be 7/8/2022. Court Reporter: Anne Kielwasser. (gk)
January 10, 2022 Opinion or Order Filing 221 (IN CHAMBERS) SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr.: The Court hereby continues until January 21, 2022 at 8:30 a.m. both: (1) the hearing on the motion to consolidate Case No. 5:20-cv-01126-SB-SHK (ECF No. #213 ) with Case No. 5:21-cv-01466-SB-SHK; and (2) the scheduling Conference in Case No. 5:21-cv-01466-SB-SHKTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
January 5, 2022 Opinion or Order Filing 220 MINUTES (IN CHAMBERS) by Judge Stanley Blumenfeld, Jr.: The Court sets the Motion to Consolidate #213 for hearing on 1/14/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr. Court Reporter: N/A. (gk)
December 29, 2021 Opinion or Order Filing 219 REPLY in support of Motion to Consolidate (ECF No. 213) filed by Plaintiff Danielle Gamino. (Wasow, Nina)
December 17, 2021 Opinion or Order Filing 218 JOINDER filed by Defendant Alerus Financial, N.A. joining in MEMORANDUM in Opposition to Motion, #217 . (Golumbic, Lars)
December 17, 2021 Opinion or Order Filing 217 MEMORANDUM in Opposition to Plaintiff's Motion to Consolidate [DKT 213] filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Andre, Julian)
December 7, 2021 Opinion or Order Filing 216 NOTICE of Change of address by Colin M Downes attorney for Plaintiff Danielle Gamino. Changing attorneys address to 1633 Connecticut Avenue NW, Suite 200, Washington, DC 20009. Filed by Plaintiff Danielle Gamino. (Downes, Colin)
December 7, 2021 Opinion or Order Filing 215 NOTICE of Change of address by Robert Joseph Barton attorney for Plaintiff Danielle Gamino. Changing attorneys address to 1633 Connecticut Avenue NW, Suite 200, Washington, DC 20009. Filed by Plaintiff Danielle Gamino. (Barton, Robert)
November 22, 2021 Opinion or Order Filing 214 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Consolidate #213 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests-Consolidate Cases. Other error(s) with document(s): Noticed motion hearing date is not indicated in docket entry text. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
November 19, 2021 Opinion or Order Filing 213 NOTICE OF MOTION TO CONSOLIDATE ACTIONS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42 filed by plaintiff Danielle Gamino. (Feinberg, Daniel) Modified on 1/5/2022 (gk).
November 15, 2021 Opinion or Order Filing 212 ANSWER to Amended Complaint/Petition #179 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale.(Becker, Theodore)
November 15, 2021 Opinion or Order Filing 211 ANSWER to Amended Complaint/Petition #179 filed by Defendant Alerus Financial, N.A..(Golumbic, Lars)
November 11, 2021 Opinion or Order Filing 210 MINUTES [In Chambers] ORDER GRANTING KPC DEFENDANTS' APPLICATION FOR LEAVE TO FILE DOCUMENT UNDER SEAL [Dkt. No. 206] by Judge Stanley Blumenfeld, Jr: Finding compelling reasons to seal the specified portions of Exhibit 1, and finding KPC Defendants' Application narrowly tailored, the Court hereby GRANTS the Application and ORDERS sealed the portions of Exhibit 1 described in Paragraph 8 of the Andr Declaration. granting #206 APPLICATION to Seal Document. (See Minutes for further details). (jp)
November 1, 2021 Opinion or Order Filing 209 MINUTES (IN CHAMBERS) by Judge Stanley Blumenfeld, Jr. Thus, KPC Defendants' motion to dismiss Count IX is DENIED as to both Dr. Chaudhuri and Thomas, and GRANTED as to the Committee Defendants and Director Defendants. Alerus's motion to dismiss Count IX is DENIED. The Court DENIES KPC Defendants' motion to dismiss all claims against Dr. Chaudhuri and Thomas and DENIES Alerus's motion to dismiss Count XI. The Court GRANTS KPC Defendants' motion to dismiss Count XI as to the Committee Defendants and Director Defendants with prejudice since Plaintiff has abandoned this claim. Moreover, Plaintiff has already obtained voluminous discovery and was granted leave to file the FAC to conform to discovery, and leave to amend would be prejudicial at this point in the action. See minute order for details. (lom)
October 15, 2021 Opinion or Order Filing 208 MINUTES (IN CHAMBERS) ORDER DENYING MOTION TO CONTINUE TRIAL DATE by Judge Stanley Blumenfeld, Jr.: The Court hereby denies Defendant Alerus Financial, N.A.'s ("Alerus") motion to continue the pretrial conference and trial #194 . Instead, the Court advances both dates to address the scheduling issues raised in this order. All other pretrial dates in the CMO remain unchanged. If the parties claim that this change presents conflicts with other cases, they should meet and confer and propose agreed-upon dates that advance the pretrial conference and trial dates further. The Pretrial Conference is advanced to 10/7/2022 at 8:30 AM. Trial start date is advanced to 10/10/2022 at 8:30 AM. Court Reporter: N/A. (gk)
October 14, 2021 Opinion or Order Filing 207 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 1 to the Declaration of Julian L. Andre under seal #206 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Exhibit 1)(Andre, Julian)
October 14, 2021 Opinion or Order Filing 206 APPLICATION to file document Exhibit 1 to the Declaration of Julian L. Andre under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Certificate of Service)(Andre, Julian)
October 13, 2021 Opinion or Order Filing 205 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court VACATES the hearing in re the Motion to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale., Dkt. No. 188, set for hearing on 10/15/2021. If the Court determines that a hearing is necessary, one will be reset at a later date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
October 12, 2021 Opinion or Order Filing 203 TRANSCRIPT ORDER as to Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale for Court Reporter. Court will contact Julian Andre at jandre@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Andre, Julian)
October 11, 2021 Opinion or Order Filing 204 ORDER GRANTING STIPULATION RE UNSEALING ORDER GRANTING IN PART MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND GRANTING MOTION FOR CLASS CERTIFICATION by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #201 , IT IS HEREBY ORDERED that the Clerk of Court is directed to unseal the Court's 8/9/2021 Order granting in part Plaintiff's Motion for Leave to File First Amended Complaint and granting Plaintiff's Motion for Class Certification #174 . (gk)
October 8, 2021 Opinion or Order Filing 202 NOTICE OF LODGING filed re Stipulation for Order #201 (Attachments: #1 Proposed Order)(Feinberg, Daniel)
October 8, 2021 Opinion or Order Filing 201 STIPULATION for Order TO UNSEAL CLASS CERTIFICATION ORDER filed by plaintiff Danielle Gamino.(Feinberg, Daniel)
October 8, 2021 Opinion or Order Filing 200 OPPOSITION IN OPPOSITION re: First NOTICE OF MOTION AND MOTION to Continue Trial Date from 10/31/2022 to 12/12/2022 #194 Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant Alerus Financial, N.A.'s Motion for Continuance of Trial Date filed by Plaintiff Danielle Gamino. (Downes, Colin)
October 1, 2021 Opinion or Order Filing 199 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) #188 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Becker, Theodore)
October 1, 2021 Opinion or Order Filing 198 REPLY Reply in support of motion to Dismiss First Amended Complaint filed by Defendant Alerus Financial, N.A.. (Waxler, Andrew)
September 24, 2021 Opinion or Order Filing 197 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) #188 filed by Plaintiff Danielle Gamino. (Barton, Robert)
September 24, 2021 Opinion or Order Filing 196 OPPOSITION Opposition To re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) #188 #187 Motion to Dismiss First Amended Complaint Filed by Defendant Alerus filed by Plaintiff Danielle Gamino. (Feinberg, Daniel)
September 20, 2021 Opinion or Order Filing 195 Certificate of Service filed by Defendant Alerus Financial, N.A. re: First NOTICE OF MOTION AND MOTION to Continue Trial Date from 10/31/2022 to 12/12/2022 #194 (Waxler, Andrew)
September 20, 2021 Opinion or Order Filing 194 First NOTICE OF MOTION AND MOTION to Continue Trial Date from 10/31/2022 to 12/12/2022 filed by Defendant Alerus Financial, N.A.. Motion set for hearing on 10/29/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration Declaration In Support of Motion to Continue Trial, #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration, #4 Exhibit Exhibit C to Declaration, #5 Exhibit Exhibit D to Declaration, #6 Proposed Order Proposed Order re Motion to Continue Trial) (Waxler, Andrew)
September 7, 2021 Opinion or Order Filing 192 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #187 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/ Motions/Petitions/Requests > Dismiss Case. The filer used the event, Notice (Other), for docketing this filing. Only a motion type event will prompt the filer to set the noticed hearing date of 10/15/2021 at 8:30 AM. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
September 5, 2021 Opinion or Order Filing 193 ORDER DENYING KPC DEFENDANTS' APPLICATION FOR LEAVE TO FILE DOCUMENT UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court DENIES KPC Defendants' Application for Leave to File Document Under Seal #190 and orders Exhibit 1 to the Declaration of Julian L. Andre in Support of their Motion to Dismiss First Amended Complaint to be filed in redacted form. (gk)
September 3, 2021 Opinion or Order Filing 191 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 1 to Julian Andre's Declaration ISO KPC Motion to Dismiss and Request for Judicial Notice under seal #190 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Exhibit 1)(Becker, Theodore)
September 3, 2021 Opinion or Order Filing 190 APPLICATION to file document Exhibit 1 to Julian Andre's Declaration ISO KPC Motion to Dismiss and Request for Judicial Notice under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Redacted Document Ex. 1)(Becker, Theodore)
September 3, 2021 Opinion or Order Filing 189 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) #188 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Declaration of Julian Andre)(Andre, Julian)
September 3, 2021 Opinion or Order Filing 188 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Motion set for hearing on 10/15/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Becker, Theodore)
September 3, 2021 Opinion or Order Filing 187 NOTICE Defendant Alerus's Notice and Motion to Dismiss First Amended Complaint filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Memorandum in Support of Motion to Dismiss First Amended Complaint, #2 Proposed Order)(Golumbic, Lars)
August 29, 2021 Opinion or Order Filing 185 ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr, (vcr)
August 29, 2021 Opinion or Order Filing 184 PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (vcr)
August 26, 2021 Opinion or Order Filing 186 MINUTE Revised Case Management Order by Judge Stanley Blumenfeld, Jr: The deadlines below will not be continued absent a timely showing of good cause. Good cause requires a specific, detailed, and non-conclusory showing of diligence from the outset of the case, describing: (i) all relevant work previously done (including when each item was completed), (ii) all relevant work that remains to be done, (iii) why the remaining work could not previously have been done (including efforts made to complete each remaining item), and (iv) why the amount of time requested is needed to complete the remaining work. The Attachment to this Order describes the requirements in more detail, and failure to comply with them will result in denial of the request with prejudice. Court Reporter: N/A. (See document for further details). (jp)
August 20, 2021 Opinion or Order Filing 183 NOTICE filed by plaintiff Danielle Gamino. Joint Notice of Filing of Proposed Schedule of Pretrial and Trial Dates (Feinberg, Daniel)
August 18, 2021 Opinion or Order Filing 182 MINUTES [In Chambers] ORDERS DENYING APPLICATIONS TO FILE UNDER SEAL #176 #180 by Judge Stanley Blumenfeld, Jr. For the reasons discussed above, the Court DENIES without prejudice Plaintiff's application to file under seal, Dkt. No. #176 , and the KPC Defendants' application to file under seal. Dkt. No. #180 . The parties are ordered to meet and confer about filing an FAC with appropriate, narrowly tailored redactions. If the parties are unable to reach an agreement, they may re-apply to file these materials under seal. If they choose to do so, the parties should explain, in detail, the compelling reasons to file the FAC paragraphs at issue under seal and the specific prejudice (rather than genericprivacy concerns) that will result to the KPC Defendants if the paragraphs are not sealed. (lom)
August 17, 2021 Opinion or Order Filing 181 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document [ECF No. 176] under seal #180 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document)(Baddon, Laurie)
August 17, 2021 Opinion or Order Filing 180 APPLICATION to file document [ECF No. 176] under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Certificate of Service)(Baddon, Laurie)
August 13, 2021 Opinion or Order Filing 179 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Danielle Gamino(Donahoo, Richard)
August 13, 2021 Opinion or Order Filing 178 CERTIFICATE OF SERVICE filed by Plaintiff Danielle Gamino, re Sealed Declaration in SupportDeclaration #177 served on August 13, 2021. (Donahoo, Richard)
August 13, 2021 Opinion or Order Filing 177 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document First Amended Complaint under seal #176 filed by Plaintiff Danielle Gamino. (Attachments: #1 Unredacted Document First Amended Complaint)(Donahoo, Richard)
August 13, 2021 Opinion or Order Filing 176 APPLICATION to file document First Amended Complaint under seal filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Donahoo, Richard)
August 6, 2021 Opinion or Order Filing 175 MINUTES OF Motion Hearing held before Judge Stanley Blumenfeld, Jr. RE: Motion for Leave to File First Amended Complaint #152 and Motion for Class Certification #144 . The parties presented argument. Motions are taken under submission. Court Reporter: Miriam Baird. (gk)
August 6, 2021 Opinion or Order Filing 174 MINUTES ORDER GRANTING IN PART MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND GRANTING MOTION FOR CLASS CERTIFICATION (DKT. NOS. 144, 152). (lom) [DOCUMENT UNSEALED PER ORDER ON 10/11/2021, SEE DOCKET NO. 204] Modified on 10/12/2021 (gk).
July 27, 2021 Opinion or Order Filing 173 CERTIFICATE OF SERVICE filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale, re APPLICATION to file document Declaration of Laurie Baddon RE Plaintiff's Second Application for Leave to File Documents Under Seal [ECF No. 164] under seal #171 served on 7/27/2021. (Baddon, Laurie)
July 27, 2021 Opinion or Order Filing 172 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Laurie Baddon RE Plaintiff's Second Application for Leave to File Documents Under Seal [ECF No. 164] under seal #171 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Declaration of Laurie Baddon Regarding Plaintiff's Second Application for Leave to File Documents Under Seal [ECF No. 164] (Unredacted))(Baddon, Laurie)
July 27, 2021 Opinion or Order Filing 171 APPLICATION to file document Declaration of Laurie Baddon RE Plaintiff's Second Application for Leave to File Documents Under Seal [ECF No. 164] under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Redacted Document Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Documents Under Seal [ECF No. 164] (REDACTED))(Baddon, Laurie)
July 27, 2021 Opinion or Order Filing 170 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Under Seal [ECF No. 159] under seal #169 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Declaration of Laurie Baddon Regarding Plaintiff's Application for Leave to File Documents Under Seal [ECF No. 159] (Unredacted))(Baddon, Laurie)
July 27, 2021 Opinion or Order Filing 169 APPLICATION to file document Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Under Seal [ECF No. 159] under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Exhibit 1 - Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Documents Under Seal [ECF No. 159] (REDACTED), #3 Certificate of Service)(Baddon, Laurie)
July 27, 2021 Opinion or Order Filing 168 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (Motion related), #166 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
July 26, 2021 Opinion or Order Filing 167 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court deems the MOTION to Certify Class filed by plaintiff Danielle Gamino, Dtk. No. 133, MOOT and taken off it calendar. The amended motion to certify, Dkt. No. 144, remains on calendar for 8/6/2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
July 23, 2021 Opinion or Order Filing 166 REPLY in Support of Amended NOTICE OF MOTION AND MOTION to Certify Class #144 filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of Danielle Gamino, #2 Declaration of Colin M. Downes, #3 Exhibit 1 - Gamino Deposition Excerpts, #4 Exhibit 2 - KPC Ds Initial Disclosures, #5 Exhibit 3 - Alerus Amended Disclosures)(Barton, Robert)
July 23, 2021 Opinion or Order Filing 165 SEALED DECLARATION IN SUPPORT OF Second APPLICATION to file document Reply Memorandum and Exhibit under seal #164 filed by Plaintiff Danielle Gamino. (Attachments: #1 Reply Memorandum Unredacted, #2 Exhibit 4, #3 Certificate of Service)(Downes, Colin)
July 23, 2021 Opinion or Order Filing 164 Second APPLICATION to file document Reply Memorandum and Exhibit under seal filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Downes, Colin)
July 23, 2021 Opinion or Order Filing 163 CERTIFICATE OF SERVICE filed by Plaintiff Danielle Gamino, re Sealed Declaration in SupportDeclaration,, #160 served on 7/23/21. (Wasow, Nina)
July 23, 2021 Opinion or Order Filing 162 REPLY in support of NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #152 to KPC Defendants' Opposition filed by Plaintiff Danielle Gamino. (Wasow, Nina)
July 23, 2021 Opinion or Order Filing 161 REPLY in support of NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #152 to Defendant Alerus's Opposition filed by Plaintiff Danielle Gamino. (Wasow, Nina)
July 23, 2021 Opinion or Order Filing 160 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Plaintiff's Reply to KPC Defendants' Opposition to Motion for Leave to File First Amended Complaint under seal #159 filed by Plaintiff Danielle Gamino. (Attachments: #1 Exhibit 1 (Unredacted Reply to KPC Defendants' Opposition to Plaintiff's Motion for Leave to File First Amended Complaint), #2 Exhibit 2 (Unredacted document), #3 Exhibit 3 (Unredacted document), #4 Exhibit 4 (Unredacted document))(Wasow, Nina)
July 23, 2021 Opinion or Order Filing 159 APPLICATION to file document in Support of Plaintiff's Reply to KPC Defendants' Opposition to Motion for Leave to File First Amended Complaint under seal filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order on Application for Leave to File Documents Under Seal)(Wasow, Nina)
July 16, 2021 Opinion or Order Filing 158 Opposition in Opposition re: NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #152 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Becker, Theodore)
July 16, 2021 Opinion or Order Filing 157 OPPOSITION to NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #152 filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order)(Golumbic, Lars)
July 14, 2021 Opinion or Order Filing 156 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance,,, #153 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
July 12, 2021 Opinion or Order Filing 155 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #154 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Ex. 1 - Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Documents Under Seal [ECF No. 150] (UNDER SEAL), #2 Exhibit A to Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Documents Under Seal [ECF No. 150])(Baddon, Laurie)
July 12, 2021 Opinion or Order Filing 154 APPLICATION to file document under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Exhibit 1 - Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Documents Under Seal [ECF No. 150] (REDACTED), #3 Exhibit A to Declaration of Laurie Baddon RE Plaintiff's Application for Leave to File Documents Under Seal [ECF No. 150], #4 Certificate of Service)(Baddon, Laurie)
July 9, 2021 Opinion or Order Filing 153 NOTICE of Appearance filed by attorney Laurie Ann Baddon on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale (Attorney Laurie Ann Baddon added to party Kali Pradip Chaudhuri(pty:dft), Attorney Laurie Ann Baddon added to party Kali Priyo Chaudhuri (pty:dft), Attorney Laurie Ann Baddon added to party Amelia Hippert(pty:dft), Attorney Laurie Ann Baddon added to party KPC Healthcare Holdings, Inc.(pty:dft), Attorney Laurie Ann Baddon added to party KPC Healthcare, Inc. Employee Stock Ownership Plan(pty:dft), Attorney Laurie Ann Baddon added to party KPC Healthcare, Inc. Employee Stock Ownership Plan Committee (pty:dft), Attorney Laurie Ann Baddon added to party William E Thomas(pty:dft), Attorney Laurie Ann Baddon added to party Lori Van Arsdale(pty:dft))(Baddon, Laurie)
July 7, 2021 Opinion or Order Filing 152 NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Danielle Gamino. Motion set for hearing on 8/6/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Exhibit A (Proposed FAC), #2 Memorandum in Support of Motion for Leave to File FAC, #3 Declaration of Nina Wasow in Support of Motion for Leave to File FAC, #4 Proposed Order Granting Motion for Leave to File FAC) (Wasow, Nina)
July 7, 2021 Opinion or Order Filing 151 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #150 filed by Plaintiff Danielle Gamino. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 PLAINTIFFS CERTIFICATE OF SERVICE OF DECLARATION OF RICHARD E. DONAHOO IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT)(Donahoo, Richard)
July 7, 2021 Opinion or Order Filing 150 APPLICATION to file document under seal filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Donahoo, Richard)
June 30, 2021 Opinion or Order Filing 149 Opposition to Plaintiff's Amended Motion for Class Certification opposition re: Amended NOTICE OF MOTION AND MOTION to Certify Class #144 filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Declaration of William J. Delany, #2 Exhibit A - Transcript Excerpts, #3 Proposed Order)(Golumbic, Lars)
June 30, 2021 Opinion or Order Filing 148 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits A and C to Opposition to Plaintiff's Amended Motion for Class Certification) under seal #147 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Unredacted Document Exhibit A, #2 Unredacted Document Exhibit C)(Becker, Theodore)
June 30, 2021 Opinion or Order Filing 147 APPLICATION to file document (Exhibits A and C to Opposition to Plaintiff's Amended Motion for Class Certification) under seal filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Redacted Document Exhibit A, #4 Redacted Document Exhibit C)(Becker, Theodore)
June 30, 2021 Opinion or Order Filing 146 Opposition: To Plaintiff's Amended Motion for Class Certification re: Amended NOTICE OF MOTION AND MOTION to Certify Class #144 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Declaration of Julian L. Andre, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Becker, Theodore)
June 29, 2021 Opinion or Order Filing 145 Notice of Appearance or Withdrawal of Counsel: for attorney Julian Lucien Andre counsel for Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Adding Julian L. Andre as counsel of record for Defendants KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, William Thomas, and Lori Van Arsdale for the reason indicated in the G-123 Notice. Filed by Defendants Defendants KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, William Thomas, and Lori Van Arsdale. (Attorney Julian Lucien Andre added to party Kali Pradip Chaudhuri(pty:dft), Attorney Julian Lucien Andre added to party Kali Priyo Chaudhuri (pty:dft), Attorney Julian Lucien Andre added to party Amelia Hippert(pty:dft), Attorney Julian Lucien Andre added to party KPC Healthcare Holdings, Inc.(pty:dft), Attorney Julian Lucien Andre added to party KPC Healthcare, Inc. Employee Stock Ownership Plan(pty:dft), Attorney Julian Lucien Andre added to party KPC Healthcare, Inc. Employee Stock Ownership Plan Committee (pty:dft), Attorney Julian Lucien Andre added to party William E Thomas(pty:dft), Attorney Julian Lucien Andre added to party Lori Van Arsdale(pty:dft))(Andre, Julian)
June 16, 2021 Opinion or Order Filing 144 Amended NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiff Danielle Gamino. Motion set for hearing on 8/6/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Proposed Order) (Barton, Robert)
June 16, 2021 Opinion or Order Filing 143 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Plaintiff's Amended Motion for Class Certification under seal #142 filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of Colin M. Downes, #2 Certificate of Service)(Downes, Colin)
June 16, 2021 Opinion or Order Filing 142 APPLICATION to file document in Support of Plaintiff's Amended Motion for Class Certification under seal filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Downes, Colin)
June 16, 2021 Opinion or Order Filing 141 TEXT ONLY ENTRY: The parties are advised that the Court has updated its standing orders effective June 15, 2021 (i.e., Standing Order for Civil Cases Assigned to Judge Stanley Blumenfeld, Jr., Mandatory Scheduling Conference (MSC) Order, Order Re: Motions for Summary Judgment, Pretrial and Trial Order). These orders apply to all pending cases, except as follows: (1) the updated Order Re: Motions for Summary Judgment (MSJ) does not apply to any MSJ filed on or before July 27, 2021; and (2) the updated Pretrial and Trial Order does not apply to any case with a pretrial conference set on or before July 22, 2021. The parties are directed to read and comply with all these standing orders except as noted in the prior sentence. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
June 16, 2021 Opinion or Order Filing 140 Notice of Appearance or Withdrawal of Counsel: for attorney Richard J. Pearl counsel for Defendants KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee. Richard J. Pearl is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants KPC Healthcare Holdings, Priyo Chaudhuri; Amelia Hippert; William Thomas; Lori Van Arsdale Stock Ownership Plan; KPC Healthcare, Inc. Employee Stock Ownership Plan Committee; Kali Pradip Chaudhuri; Kali Inc.; KPC Healthcare, Inc. Employee. (Pearl, Richard)
June 16, 2021 Opinion or Order Filing 139 NOTICE of Change of Attorney Business or Contact Information: for attorney Richard J. Pearl counsel for Defendants KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee. Changing McDermott Will & Emery LLP to Faegre Drinker Biddle & Reath LLP. Changing rpearl@mwe.com to rick.pearl@faegredrinker.com. Filed by Defendants KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee. (Pearl, Richard)
June 2, 2021 Opinion or Order Filing 138 MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR RECONSIDERATION by Judge Stanley Blumenfeld, Jr.: The Motion for Reconsideration #125 is DENIED. The Court's previous stay is VACATED. The Court previously indicated that if the Court affirmed the Magistrate Judge's discovery order, it would consider granting Plaintiff 14 days from the resolution of the motion for reconsideration to refile the motion for class certification or file a supplement addressing any evidence or argument that the current stay precluded Plaintiff from referencing. The Court thus sets the following schedule: Plaintiff must file an amended motion for class certification, addressing any evidence or argument affected by the Court's prior stay, by 6/16/2021; Defendants must file their opposition(s) 6/30/2021; Plaintiff must file the reply by 7/23/2021; The hearing is set for 8/6/2021 at 8:30 AM. Court Reporter: N/A. (gk)
May 29, 2021 Opinion or Order Filing 137 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Court VACATES the hearing in re the MOTION for Leave to file KPC Defendants' First Amended Answer To Plaintiff's Complaint filed by Defendants,. Dkt. No. 124 and the MOTION for Reconsideration re Order on Motion for Discovery, filed by Defendants., Dkt. No. 125, set for hearing on 6/4/2021. If the Court determines that a hearing is necessary, one will be reset at a later date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
May 26, 2021 Opinion or Order Filing 136 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. Effective June 1, 2021, all proceedings that are not taken off calendar or continued will be held in person in Courtroom 6C. Any request for a remote appearance must be filed promptly with a declaration showing good cause. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
May 21, 2021 Opinion or Order Filing 135 ORDER DENYING EX PARTE APPLICATION by Judge Stanley Blumenfeld, Jr.: The Court DENIES Plaintiff's Ex Parte Application to Amend Initial Case Management Order #129 , in view of the current posture of the case. However, if the Court affirms the Magistrate Judge's discovery order, it will consider granting Plaintiff 14 days from the resolution of the motion for reconsideration to refile the motion for class certification or file a supplement addressing any evidence or argument that the current stay precluded Plaintiff from referencing. (gk)
May 21, 2021 Opinion or Order Filing 134 REPLY In Support NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Discovery,, #123 #125 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Becker, Theodore)
May 19, 2021 Opinion or Order Filing 133 NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiff Danielle Gamino. Motion set for hearing on 7/30/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration of Danielle Gamino, #3 Exhibit 1 - Duties of a Class Rep, #4 Exhibit 2 - Personnel Records Request Letter, #5 Exhibit 3 - 104(b) Request Letter, #6 Exhibit 4 - Plan Document, #7 Exhibit 5 - SPD, #8 Declaration of Colin M. Downes, #9 Exhibit 6 - Form 5500 for 2015, #10 Exhibit 7 - Amend. to Schedule 13D, #11 Exhibit 8 - News Article, #12 Exhibit 9 - Alerus Amend. Responses to Rogs No. 1 & 2, #13 Exhibit 10 - KPC Suppl. Responses to 1st Rogs, #14 Exhibit 11 - Plaintiff Initial Disclosures, #15 Exhibit 12 - Plaintiff Responses to KPC 1st Rogs, #16 Exhibit 13 - Statement of Information, #17 Exhibit 14 - Excerpts from Gamino Dep., #18 Declaration of R. Joseph Barton, #19 Exhibit A - Block & Leviton Resume, #20 Declaration of Daniel Feinberg, #21 Declaration of Richard Donahoo, #22 Proposed Order) (Barton, Robert)
May 17, 2021 Opinion or Order Filing 132 JOINDER filed by Defendant Alerus Financial, N.A. joining in Objection/Opposition (Motion related), #131 . (Golumbic, Lars)
May 17, 2021 Opinion or Order Filing 131 Opposition In Opposition re: EX PARTE APPLICATION to AMEND Initial Case Management Order #129 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Declaration of Richard J. Pearl)(Becker, Theodore)
May 14, 2021 Opinion or Order Filing 130 OPPOSITION re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Discovery,, #123 #125 filed by Plaintiff Danielle Gamino. (Wasow, Nina)
May 13, 2021 Opinion or Order Filing 129 EX PARTE APPLICATION to AMEND Initial Case Management Order filed by Plaintiff Danielle Gamino. (Attachments: #1 Declaration of Colin M. Downes, #2 Exhibit #1 - Email from R. Pearl dated 4/1/21, #3 Proposed Order) (Downes, Colin)
May 10, 2021 Opinion or Order Filing 128 MINUTES (IN CHAMBERS) ORDER GRANTING EX PARTE APPLICATION FOR STAY PENDING MOTION FOR RECONSIDERATION by Judge Stanley Blumenfeld, Jr.: Before the Court is KPC Defendants' ex parte application to stay Magistrate Judge's order pending decision on the motion for reconsideration #126 . The Court GRANTS the ex parte application and ORDERS as follows: Enforcement of the Magistrate Judge's 4/30/2021, order is stayed pending final resolution of the KPC Defendants' motion for review and reconsideration. Plaintiff and Plaintiff's counsel shall continue to sequester and not review or use the documents defendant ALERUS FINANCIAL, N.A produced containing class contact information until the KPC Defendants' motion for review and reconsideration is fully resolved. Court Reporter: N/A. (gk)
May 7, 2021 Opinion or Order Filing 127 PLAINTIFFS OPPOSITION TO KPC DEFENDANTS EX PARTE APPLICATION TO STAY MAGISTRATE JUDGES APRIL 30, 2021 ORDER PENDING DECISION ON KPC DEFENDANTS MOTION FOR RELIEF Opposition re: EX PARTE APPLICATION to Stay pending Magistrate Judge's April 30, 2021 Order Pending Decision on KPC Defendants' Motion for Relief Order on Motion for Discovery,, #123 #126 filed by Plaintiff Danielle Gamino. (Donahoo, Richard)
May 5, 2021 Opinion or Order Filing 126 EX PARTE APPLICATION to Stay pending Magistrate Judge's April 30, 2021 Order Pending Decision on KPC Defendants' Motion for Relief Order on Motion for Discovery,, #123 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Declaration of Theodore M. Becker, #2 Proposed Order) (Becker, Theodore)
May 5, 2021 Opinion or Order Filing 125 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Discovery,, #123 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Motion set for hearing on 6/4/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points And Authorities, #2 Exhibit A-H, #3 Proposed Order) (Becker, Theodore)
May 4, 2021 Opinion or Order Filing 124 NOTICE OF MOTION AND MOTION for Leave to file KPC Defendants' First Amended Answer To Plaintiff's Complaint filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Motion set for hearing on 6/4/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points And Authorities, #2 Exhibit A - First Amended Answer, #3 Exhibit B - Redlined First Amended Answer, #4 Proposed Order) (Becker, Theodore)
April 30, 2021 Opinion or Order Filing 123 MINUTES (IN CHAMBERS)ORDER DENYING DEFENDANTS' REQUEST TO DENY PLAINTIFFS REQUEST FOR DOCUMENTS RESPONSIVE TO RFP NO. 17 [ECF NO. 119] by Magistrate Judge Shashi H. Kewalramani: #119 Motion for Discovery. Thus, for the reasons set forth, KPC Defendants have failed to demonstrate that Plaintiff is not entitled to the contact information of putative class members. As such, KPC Defendants Request is DENIED and KPC Defendants must produce the names, addresses, and phone numbers of putative class members to Plaintiff in response to RFP No. 17 by no later than the close of business on Thursday, May 6, 2021. (dc)
April 27, 2021 Opinion or Order Filing 122 REPLY filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale to Objection/Opposition (Motion related) #121 , MOTION for Discovery regarding Plaintiff's RFP No. 17 #119 Regarding Plaintiff's RFP No. 17 (Braham, Christopher)
April 23, 2021 Opinion or Order Filing 121 Plaintiff's Opposition re: MOTION for Discovery regarding Plaintiff's RFP No. 17 #119 filed by Plaintiff Danielle Gamino. (Feinberg, Daniel)
April 21, 2021 Opinion or Order Filing 120 MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: #116 Motion for Protective Order re Emergency MOTION for Protective Order for Protected Information Under the January 13, 2021 Protective Order and Request for Expedited Hearing (Discovery Matter directed to Judge Blumenfeld) #116 Therefore, the Motion is DENIED, without prejudice, subject to ruling from the Court that will be forthcoming once the briefing related to the identities and identifier information of members of the putative class is submitted and ruled upon. (dc)
April 19, 2021 Opinion or Order Filing 119 NOTICE OF MOTION AND MOTION for Discovery regarding Plaintiff's RFP No. 17 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Exhibit A-H)(Becker, Theodore)
April 16, 2021 Opinion or Order Filing 118 DECLARATION of Daniel Feinberg in opposition to Emergency MOTION for Protective Order for Protected Information Under the January 13, 2021 Protective Order and Request for Expedited Hearing (Discovery Matter directed to Judge Blumenfeld) #116 filed by Plaintiff Danielle Gamino. (Attachments: #1 Exhibit A, #2 Exhibit B)(Feinberg, Daniel)
April 16, 2021 Opinion or Order Filing 117 Plaintiff's Opposition re: Emergency MOTION for Protective Order for Protected Information Under the January 13, 2021 Protective Order and Request for Expedited Hearing (Discovery Matter directed to Judge Blumenfeld) #116 filed by Plaintiff Danielle Gamino. (Feinberg, Daniel)
April 15, 2021 Opinion or Order Filing 116 NOTICE OF MOTION AND Emergency MOTION for Protective Order for Protected Information Under the January 13, 2021 Protective Order and Request for Expedited Hearing (Discovery Matter directed to Judge Blumenfeld) filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Declaration Declaration of William J. Delany, #2 Exhibit A - April 13, 2021 Email, #3 Exhibit B - April 14, 2021 Email)(Golumbic, Lars)
April 14, 2021 Opinion or Order Filing 115 MINUTES (IN CHAMBERS)ORDER GRANTING DEFENDANT'S OBJECTIONS TO PLAINTIFFS INTERROGATORY NO. 3 [ECF NO. 72] by Magistrate Judge Shashi H. Kewalramani: RE #72 Request for Review. For the reasons set forth above Defendants' Objections are GRANTED for the time being as to Interrogatory No. 3, though it may be re-urged after further discovery is conducted. (dc)
April 13, 2021 Opinion or Order Filing 114 MINUTES OF ORDER RE: CONTINUED INFORMAL DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani. At the request of the parties, the Court held an informal discovery dispute conference. Following discussion between the Court and the parties, the Court set the following briefing schedule with respect to RFP No. 17 (class data). Defendants are to file an 8-page brief, which complies with the Local Rules, no later than April 19, 2021. Plaintiffs are to file an 8-page response no later than April 23, 2021. Defendants to file a 2-page reply no later than April 27, 2021. The matter will be taken under submission. Court Recorder: MS Teams. (hr) Modified on 4/14/2021 (dc). (Main Document 114 replaced on 4/14/2021) (dc).
April 13, 2021 Opinion or Order Filing 113 COMPACT DISC Order for date of proceedings 03/19/2021 to 03/19/2021 re: Discovery Hearing,,, #104 , filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Court will contact Christopher Braham at cbraham@mwe.com with any questions regarding this order. Transcript portion requested: Other: Discovery Motion (3/19/2021). FEE PAID. (Braham, Christopher)
April 9, 2021 Opinion or Order Filing 112 SCHEDULING NOTICE- Continued Discovery Dispute Status Conference set for 4/13/2021 09:00 AM before Magistrate Judge Shashi H. Kewalramani. The participating parties have been provided with the Microsoft Teams link. For call in (audio only) +1 323-813-9520,,876229026# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY
March 26, 2021 Opinion or Order Filing 111 COMPACT DISC Order for date of proceedings 03/24/2021 to 03/24/2021 re: Telephone Conference #106 , filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Court will contact Christopher A. Braham at cbraham@mwe.com with any questions regarding this order. Transcript portion requested: Other: 03/24/2021 - Informal Discovery Dispute. FEE PAID. (Braham, Christopher)
March 26, 2021 Opinion or Order Filing 110 COMPACT DISC Order for date of proceedings 03/22/2021 to 03/22/2021 re: Telephone Conference,, Set/Reset Hearing, #105 , filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Court will contact Christopher A. Braham at cbraham@mwe.com with any questions regarding this order. Transcript portion requested: Other: 03/22/2021 - Informal Discovery Dispute. FEE PAID. (Braham, Christopher)
March 26, 2021 Opinion or Order Filing 109 COMPACT DISC Order for date of proceedings 03/16/2021 to 03/16/2021 re: Discovery Hearing,, Order on Motion for Order re Discovery Matter, #103 , filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Court will contact Christopher A. Braham at cbraham@mwe.com with any questions regarding this order. Transcript portion requested: Other: 03/16/2021 - Informal Discovery Dispute. FEE PAID. (Braham, Christopher)
March 26, 2021 Opinion or Order Filing 108 COMPACT DISC Order for date of proceedings 01/07/2021 to 01/07/2021 re: Telephone Conference,, #71 , filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Court will contact Christopher A. Braham at cbraham@mwe.com with any questions regarding this order. Transcript portion requested: Other: 01/07/2021 - Informal Discovery Dispute. FEE PAID. (Braham, Christopher)
March 26, 2021 Opinion or Order Filing 107 COMPACT DISC Order for date of proceedings 12/18/2020 to 12/18/2020 re: Discovery Hearing, Order on Motion for Order re Discovery Matter #69 , filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Court will contact Christopher A. Braham at cbraham@mwe.com with any questions regarding this order. Transcript portion requested: Other: 12/18/2020 - Informal Discovery Dispute. FEE PAID. (Braham, Christopher)
March 24, 2021 Opinion or Order Filing 106 MINUTES OF ORDER RE: CONTINUED INFORMAL DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani: The parties have resolved their discovery issue as discussed on the record. Court Recorder: MS Teams. (dc)
March 22, 2021 Opinion or Order Filing 105 MINUTES OF ORDER RE: CONTINUED INFORMAL DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani. Following discussion between the Court and the parties, the parties required additional time to discuss the production sought by Plaintiff from Stout pursuant to Fed. R. Civ. P. 45. The Court set a further hearing for March 24, 2021 at 8:30 a.m. Court Recorder: MS Teams. (hr)
March 19, 2021 Opinion or Order Filing 104 MINUTES OF Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: As discussed on therecord, the production of documents from Eureka will be produced in about a 2-3-week timeframe.With respect to the Stout post transaction documents, initial production of documents such as the final opinion letter and the updates from 2016, 2017, and 2018 as agreed between the parties may be produced by the end of next week, March 26, 2021. Lastly, the Court sets a further hearing for March 22, 2021 at 4:00 p.m. (PDT) that relate to the outstanding issues discussed during the hearing. If the parties are able to resolve the issue on their own, theparties are to notify the Court and parties as soon as possible. Court Recorder: MS Teams. (dc)
March 16, 2021 Opinion or Order Filing 103 MINUTES OF #94 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: As discussed on the record, non-bifurcated discovery is to commence immediately, and the parties will continue to meet and confer regarding the post transactions documents. Afurther hearing is set for Friday, March 19, 2021 at 9:00 a.m. PDT. Court Recorder: MS Teams. (dc)
March 16, 2021 Opinion or Order Filing 102 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/26/21 8:47 am re Transcript #101 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY
March 16, 2021 Opinion or Order Filing 101 TRANSCRIPT for proceedings held on 2/26/21 8:47 am. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/6/2021. Redacted Transcript Deadline set for 4/16/2021. Release of Transcript Restriction set for 6/14/2021. (Thibodeaux, Elizabeth)
March 11, 2021 Opinion or Order Filing 100 TRANSCRIPT ORDER as to Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale for Court Reporter. Court will contact Christopher A. Braham at cbraham@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Braham, Christopher)
March 8, 2021 Opinion or Order Filing 99 ORDER GRANTING STIPULATION RE BRIEFING SCHEDULE FOR CLASS CERTIFICATION by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #96 , IT IS HEREBY ORDERED that Plaintiff shall file her Motion for Class Certification and supporting papers on or before 5/19/2021. Defendants will file their Opposition(s) to Plaintiff's Motion for Class Certification by 6/16/2021. If Defendants have filed more than one Opposition, then Plaintiff may file a consolidated Reply brief. Plaintiff will file her reply brief(s) in further support of Class Certification by 7/9/2021. The hearing on Plaintiff's Motion for Class Certification is hereby set for 7/30/2021. So that the parties can have a meaningful conference of counsel pursuant to Local Rule 7-3, Defendants will take Plaintiff Gamino's deposition prior to the deadline for the pre-motion conference. (gk)
March 5, 2021 Opinion or Order Filing 96 STIPULATION for Order Setting Briefing Schedule for Class Certification filed by plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Barton, Robert)
March 5, 2021 Opinion or Order Filing 95 MINUTE ORDER [In Chambers] by Judge Stanley Blumenfeld, Jr. The Court strikes the STIPULATION for Order Setting Briefing Schedule for Class Certification filed by plaintiff Danielle Gamino., Dkt. No. 93, without prejudice to refiling upon compliance with Local Rule 5-4.4.2. See minute order for details. (lom)
March 3, 2021 Opinion or Order Filing 94 NOTICE OF MOTION AND MOTION for Order for Informal Discovery Hearing Motion set for hearing on 3/16/2021 at 11:00 AM before Magistrate Judge Shashi H. Kewalramani. (dc)
March 2, 2021 Opinion or Order Filing 93 STRICKEN, see docket entry no. 95 - STIPULATION for Order Setting Briefing Schedule for Class Certification filed by plaintiff Danielle Gamino. (Attachments: #1 Proposed Order)(Barton, Robert) Modified on 3/5/2021 (lom).
March 1, 2021 Opinion or Order Filing 98 MINUTES - INITIAL CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The Court has reviewed the Joint Rule 26(f) report #89 . The hearing for the forthcoming motion for class certification is set for 7/30/2021 at 8:30 AM. The reply will be due 7/9/2021, and the Court directed the parties to meet and confer on a mutually agreeable briefing schedule. Further deadlines will be set upon resolution of the class certification motion. Any discovery disputes are referred to the Magistrate Judge. See document for further details. Court Reporter: N/A. (gk)
February 26, 2021 Opinion or Order Filing 97 MINUTES OF Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: The Court and counsel conferred. The Court will issue a separate order. Court Reporter: Katy Thibodeaux. (gk)
February 26, 2021 Opinion or Order Filing 92 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/15/21 10:21 am re Transcript #91 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY
February 26, 2021 Opinion or Order Filing 91 TRANSCRIPT for proceedings held on 1/15/21 10:21 am. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/19/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/27/2021. (Thibodeaux, Elizabeth)
February 24, 2021 Opinion or Order Filing 90 NOTICE of Appearance filed by attorney Nina Wasow on behalf of Plaintiff Danielle Gamino (Attorney Nina Wasow added to party Danielle Gamino(pty:pla))(Wasow, Nina)
February 19, 2021 Opinion or Order Filing 89 JOINT REPORT Rule 26(f) Discovery Plan Joint Amended Rule 26(f) Report ; estimated length of trial 7-10 days, filed by Plaintiff Danielle Gamino.. (Attachments: #1 Amended Schedule Worksheet)(Barton, Robert)
February 16, 2021 Opinion or Order Filing 88 TRANSCRIPT ORDER as to Defendant Alerus Financial, N.A. for Court Reporter. Court will contact Julia Columbro at jcolumbro@groom.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Golumbic, Lars)
February 11, 2021 Opinion or Order Filing 87 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale.(Braham, Christopher)
February 11, 2021 Opinion or Order Filing 86 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by defendant Alerus Financial, N.A..(Waxler, Andrew)
February 10, 2021 Opinion or Order Filing 85 ORDER by Judge Stanley Blumenfeld, Jr. granting #84 Non-Resident Attorney William J Delany APPLICATION to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A., designating Andrew J Waxler as local counsel. (bm)
February 5, 2021 Opinion or Order Filing 84 APPLICATION of Non-Resident Attorney William J. Delany to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30421832) filed by defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Waxler, Andrew)
February 2, 2021 Opinion or Order Filing 83 ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Rachel E. Hancock to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A., designating Andrew J. Waxler as local counsel #81 . (gk)
January 29, 2021 Opinion or Order Filing 82 MINUTES (IN CHAMBERS) ORDER EXTENDING TIME TO FILE ANSWER by Judge Stanley Blumenfeld, Jr.: Upon Stipulation #79 , the Court extends the deadline to file an answer to 2/11/2021. Court Reporter: N/A. (gk)
January 29, 2021 Opinion or Order Filing 81 APPLICATION of Non-Resident Attorney Rachel E. Hancock to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30321409) filed by defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Waxler, Andrew)
January 28, 2021 Opinion or Order Filing 80 TRANSCRIPT ORDER as to plaintiff Danielle Gamino for Court Reporter. Court will contact Ming Siegel at ming@blockleviton.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barton, Robert)
January 27, 2021 Opinion or Order Filing 79 STIPULATION for Extension of Time to File Answer to February 11, 2021 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Alerus Financial, N.A., Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order)(Braham, Christopher)
January 22, 2021 Opinion or Order Filing 78 REPLY filed by Defendants Alerus Financial, N.A., Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale to Response,, #75 , REQUEST for Review of Defendants' Memorandum Regarding Scope of Discovery Pending Decision on The Motion to Dismiss And Objection to Plaintiff's Interrogatory No. 3 re Discovery Hearing, Order on Motion for Order re Discovery Matter #69 #72 Memorandum Regarding Scope of Discovery Pending Decision on the Motions to Dismiss and Objection to Plaintiff's Interrogatory No. 3 (Braham, Christopher)
January 19, 2021 Opinion or Order Filing 77 MANDATORY SCHEDULING CONFERENCE (MSC) ORDER by Judge Stanley Blumenfeld, Jr. Mandatory Scheduling Conference set for Date: February 26, 2021 Time: 8:30 a.m. READ THIS ORDER CAREFULLY BECAUSE IT CONTROLS THIS CASE AND DIFFERS IN PART FROM THE LOCAL RULES. (lom)
January 15, 2021 Opinion or Order Filing 76 MINUTES OF ORDER DENYING MOTIONS to Dismiss (Dkt. Nos. #43 , #46 ) before Judge Stanley Blumenfeld, Jr: The Court DENIES the motions to dismiss of both KPC Defendants and Defendant Alerus. Court Reporter: Katy Thibodeaux. See document for specifics. (jp)
January 15, 2021 Opinion or Order Filing 75 RESPONSE filed by Plaintiff Danielle Gaminoto REQUEST for Review of Defendants' Memorandum Regarding Scope of Discovery Pending Decision on The Motion to Dismiss And Objection to Plaintiff's Interrogatory No. 3 re Discovery Hearing, Order on Motion for Order re Discovery Matter #69 #72 (Attachments: #1 Declaration Declaration of Colin M. Downes, #2 Exhibit [Tentative] Order Denying Motions to Dismiss, #3 Exhibit Standing Order for Civil Cases Assigned to Judge Stanley Blumenfeld, Jr., #4 Exhibit Mandatory Scheduling Conference Order)(Downes, Colin)
January 13, 2021 Opinion or Order Filing 74 PROTECTIVE ORDER by Magistrate Judge Shashi H. Kewalramani. SEE ORDER FOR DETAILS. (dc)
January 12, 2021 Opinion or Order Filing 73 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) #46 , NOTICE OF MOTION AND MOTION to Dismiss Counts I and III #43 . The Court reschedules the time of the hearing on said motions set for 1/15/2021 from 8:30 AM to 10:30 AM before Judge Stanley Blumenfeld Jr. to be heard remotely. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
January 8, 2021 Opinion or Order Filing 72 REQUEST for Review of Defendants' Memorandum Regarding Scope of Discovery Pending Decision on The Motion to Dismiss And Objection to Plaintiff's Interrogatory No. 3 re Discovery Hearing, Order on Motion for Order re Discovery Matter #69 filed by Defendants Alerus Financial, N.A., Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Attorney Christopher A Braham added to party Alerus Financial, N.A.(pty:dft))(Braham, Christopher)
January 7, 2021 Opinion or Order Filing 71 MINUTES OF ORDER RE: PROTECTIVE ORDER held before Magistrate Judge Shashi H. Kewalramani. The Court and the parties reviewed the paragraphs of the proposed protective orders on the record. The modifications and changes were made to the protective order as agreed by the parties. However, Defense Counsel will further review paragraph 12.3 and provide the modified language that they seek to the Court no later than noon, on January 8, 2021. The Court will then issue the final protective order thereafter. (see document for further details) Court Recorder: MS Teams 01/07/21. (hr)
January 5, 2021 Opinion or Order Filing 70 SCHEDULING NOTICE: Conference set for 1/7/2021 10:00 AM before Magistrate Judge Shashi H. Kewalramani via Microsoft Video Teams. The participating parties have been provided with access instructions. For dial in access, dial +1 323-813-9520 Phone Conference ID: 640 680 450# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY
December 18, 2020 Opinion or Order Filing 69 MINUTES OF granting #68 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: Please see attached minutes. Court Recorder: MS Teams. (dc)
December 10, 2020 Opinion or Order Filing 68 NOTICE OF MOTION AND MOTION for Order for Informal Discovery Hearing Discovery Dispute set for hearing on 12/18/2020 at 09:00 AM before Magistrate Judge Shashi H. Kewalramani. Please note: This is a public hearing which can be accessed by telephone at (323) 813-9520 Conference ID: 494113442# (dc)
November 29, 2020 Opinion or Order Filing 67 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) #46 , NOTICE OF MOTION AND MOTION to Dismiss Counts I and III #43 . The Court continues the hearing on said motions from 12/04/20 to 01/15/21 @ 8:30 a.m. before Judge Stanley Blumenfeld Jr. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
November 20, 2020 Opinion or Order Filing 66 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Plaintiff Danielle Gamino.. (Attachments: #1 Exhibit Proposed Schedule)(Barton, Robert)
November 6, 2020 Opinion or Order Filing 65 NOTICE Additional Authority filed by plaintiff Danielle Gamino. Notice of Additional Authority Regarding Plaintiff's Consolidated Opposition to Defendants' Motions to Dismiss (Attachments: #1 Exhibit Lysengen v. Argent Trust Co., et al.,)(Barton, Robert)
October 28, 2020 Opinion or Order Filing 64 NOTICE of Appearance filed by attorney Christopher A Braham on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale (Attorney Christopher A Braham added to party Kali Pradip Chaudhuri(pty:dft), Attorney Christopher A Braham added to party Kali Priyo Chaudhuri (pty:dft), Attorney Christopher A Braham added to party Amelia Hippert(pty:dft), Attorney Christopher A Braham added to party KPC Healthcare Holdings, Inc.(pty:dft), Attorney Christopher A Braham added to party KPC Healthcare, Inc. Employee Stock Ownership Plan(pty:dft), Attorney Christopher A Braham added to party KPC Healthcare, Inc. Employee Stock Ownership Plan Committee (pty:dft), Attorney Christopher A Braham added to party William E Thomas(pty:dft), Attorney Christopher A Braham added to party Lori Van Arsdale(pty:dft))(Braham, Christopher)
October 22, 2020 Opinion or Order Filing 63 ORDER by Judge Stanley Blumenfeld, Jr. granting #58 Non-Resident Attorney Shaun A Gates APPLICATION to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A., designating Andrew J Waxler as local counsel. (bm)
October 20, 2020 Opinion or Order Filing 62 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #55 RE: Opposition to Motion, #53 by Clerk of Court. The document is accepted as filed. (bm)
October 19, 2020 Opinion or Order Filing 61 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) #46 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Declaration of Richard J. Pearl In Support, #2 Exhibit A to Declaration of Richard J. Pearl, #3 Exhibit B to Declaration of Richard J. Pearl, #4 Exhibit C to Declaration of Richard J. Pearl)(Rodriguez, Maria)
October 19, 2020 Opinion or Order Filing 60 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) #46 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Rodriguez, Maria)
October 19, 2020 Opinion or Order Filing 59 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Counts I and III #43 filed by Defendant Alerus Financial, N.A.. (Waxler, Andrew)
October 19, 2020 Opinion or Order Filing 58 APPLICATION of Non-Resident Attorney Shaun A. Gates to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28598929) filed by Defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Waxler, Andrew)
October 15, 2020 Opinion or Order Filing 57 Notice of Appearance or Withdrawal of Counsel: for attorney Darin Ranahan counsel for Plaintiff Danielle Gamino. Adding Darin Daniel Ranahan as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Danielle Gamino. (Attorney Darin Ranahan added to party Danielle Gamino(pty:pla))(Ranahan, Darin)
October 13, 2020 Opinion or Order Filing 56 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: The Court, on its own motion, continues the MOTION to Dismiss Counts I and III filed by Defendant Alerus Financial, N.A. (Dkt. No. 43) and th9MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale (Dkt. No. 46), previously scheduled for 11/02/2020 to 12/04/2020 at 9:30 AM before Judge Stanley Blumenfeld Jr. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
October 8, 2020 Opinion or Order Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion, #53 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
October 5, 2020 Opinion or Order Filing 54 RESPONSE filed by Plaintiff Danielle Gaminoto Request for Judicial Notice,, #47 Plaintiff's Opposition to the "KPC Defendants" Request for Judicial Notice in Support of Their Motion to Dismiss (Barton, Robert)
October 5, 2020 Opinion or Order Filing 53 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) #46 , NOTICE OF MOTION AND MOTION to Dismiss Counts I and III #43 filed by Plaintiff Danielle Gamino. (Attachments: #1 Request for Judicial Notice, #2 Affidavit Declaration of Colin M. Downes, #3 Exhibit 1 - Plan Document Effective April 1, 2015, #4 Exhibit 2 - Trust Effective April 1, 2015, #5 Proposed Order)(Barton, Robert)
September 29, 2020 Opinion or Order Filing 52 ORDER OF THE CHIEF JUDGE (#20-137) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Stanley Blumenfeld, Jr., this case is transferred from Judge Jesus G. Bernal to the calendar of Judge Stanley Blumenfeld, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-01126-SB. (ap)
September 29, 2020 Opinion or Order Filing 51 ORDER by Judge Jesus G. Bernal: granting #48 Non-Resident Attorney Major Khan APPLICATION to Appear Pro Hac Vice on behalf of Danielle Gamino, designating Richard E Donahoo as local counsel. (lom)
September 28, 2020 Opinion or Order Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel M Feinberg counsel for Plaintiff Danielle Gamino. Adding Daniel Feinberg as counsel of record for Plaintiff Danielle Gamino for the reason indicated in the G-123 Notice. Filed by Plaintiff Danielle Gamino. (Attorney Daniel M Feinberg added to party Danielle Gamino(pty:pla))(Feinberg, Daniel)
September 24, 2020 Opinion or Order Filing 49 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Major Khan to Appear Pro Hac Vice on behalf of Plaintiff Danielle Gamino (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28214908) #48 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (Thrasher, Lupe)
September 23, 2020 Opinion or Order Filing 48 APPLICATION of Non-Resident Attorney Major Khan to Appear Pro Hac Vice on behalf of Plaintiff Danielle Gamino (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28214908) filed by Plaintiff Danielle Gamino. (Donahoo, Richard)
September 3, 2020 Opinion or Order Filing 47 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) #46 filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Attorney Richard Pearl)(Becker, Theodore)
September 3, 2020 Opinion or Order Filing 46 NOTICE OF MOTION AND MOTION to Dismiss Case pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. Motion set for hearing on 11/2/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum Memorandum of Points & Authorities, #2 Proposed Order Proposed Order) (Becker, Theodore)
September 3, 2020 Opinion or Order Filing 45 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale, identifying KPC Defendants, et al.. (Becker, Theodore)
September 3, 2020 Opinion or Order Filing 44 CORPORATE DISCLOSURE STATEMENT filed by Defendant KPC Healthcare Holdings, Inc. identifying NO CORPORATE PARENT as Corporate Parent. (Becker, Theodore)
September 3, 2020 Opinion or Order Filing 43 NOTICE OF MOTION AND MOTION to Dismiss Counts I and III filed by Defendant Alerus Financial, N.A.. Motion set for hearing on 11/2/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Proposed Order [Proposed] Order Granting Defendant Alerus Financial, N.A.'s Motion to Dismiss) (Waxler, Andrew)
September 3, 2020 Opinion or Order Filing 42 CERTIFICATE of Interested Parties filed by Defendant Alerus Financial, N.A., identifying Alerus Financial Corporation, etc.. (Waxler, Andrew)
September 3, 2020 Opinion or Order Filing 41 DISCLOSURE Statement filed by Defendant Alerus Financial, N.A. (Waxler, Andrew)
August 28, 2020 Opinion or Order Filing 40 ORDER by Judge Jesus G. Bernal: Granting #37 Non-Resident Attorney Sarah M. Adams APPLICATION to Appear Pro Hac Vice on behalf of Alerus Financial, N.A. Defendant, designating Andrew J. Waxler as local counsel. (twdb)
August 28, 2020 Opinion or Order Filing 39 ORDER by Judge Jesus G. Bernal: Granting #36 Non-Resident Attorney Lars C. Golumbic APPLICATION to Appear Pro Hac Vice on behalf of Alerus Financial, N.A. Defendant, designating Andrew J. Waxler as local counsel. (twdb)
August 19, 2020 Opinion or Order Filing 38 NOTICE of Appearance filed by attorney Andrew J Waxler on behalf of Defendant Alerus Financial, N.A. (Waxler, Andrew)
August 19, 2020 Opinion or Order Filing 37 APPLICATION of Non-Resident Attorney Sarah M. Adams to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27695396) filed by defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Waxler, Andrew)
August 19, 2020 Opinion or Order Filing 36 APPLICATION of Non-Resident Attorney Lars C. Golumbic to Appear Pro Hac Vice on behalf of Defendant Alerus Financial, N.A. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27695083) filed by defendant Alerus Financial, N.A.. (Attachments: #1 Proposed Order (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Waxler, Andrew)
July 30, 2020 Opinion or Order Filing 35 ORDER by Judge Jesus G. Bernal, Granting Stipulation Regarding Briefing Schedule for Defendants' Motion(s) In Response to Initial Complaint #34 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
July 30, 2020 Opinion or Order Filing 34 Joint STIPULATION for Extension of Time to File re Briefing Schedule for Defendants' Motion in response to Initial Complaint filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order Proposed Order)(Becker, Theodore)
July 28, 2020 Opinion or Order Filing 33 Joint STIPULATION Extending Time to Answer the complaint as to Amelia Hippert answer now due 9/3/2020; William E Thomas answer now due 9/3/2020; KPC Healthcare, Inc. Employee Stock Ownership Plan Committee answer now due 9/3/2020; Lori Van Arsdale answer now due 9/3/2020; Kali Pradip Chaudhuri answer now due 9/3/2020; KPC Healthcare Holdings, Inc. answer now due 9/3/2020; KPC Healthcare, Inc. Employee Stock Ownership Plan answer now due 9/3/2020; Kali Priyo Chaudhuri answer now due 9/3/2020, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Amelia Hippert; William E Thomas; KPC Healthcare, Inc. Employee Stock Ownership Plan Committee ; Lori Van Arsdale; Kali Pradip Chaudhuri; KPC Healthcare Holdings, Inc.; KPC Healthcare, Inc. Employee Stock Ownership Plan; Kali Priyo Chaudhuri.(Rodriguez, Maria)
July 28, 2020 Opinion or Order Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew J Waxler counsel for Defendant Alerus Financial, N.A.. Adding Andrew J. Waxler as counsel of record for Alerus Financial, N.A. for the reason indicated in the G-123 Notice. Filed by Defendant Alerus Financial, N.A.. (Attorney Andrew J Waxler added to party Alerus Financial, N.A.(pty:dft))(Waxler, Andrew)
July 14, 2020 Opinion or Order Filing 31 ORDER by Judge Jesus G. Bernal: Granting #29 Non-Resident Attorney Richard J. Pearl APPLICATION to Appear Pro Hac Vice on behalf of KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, et al., Defendnts, designating Maria C. Rodriguez as local counsel. (twdb)
July 14, 2020 Opinion or Order Filing 30 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Richard J. Pearl to Appear Pro Hac Vice on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC He #29 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (Thrasher, Lupe)
July 14, 2020 Opinion or Order Filing 29 APPLICATION of Non-Resident Attorney Richard J. Pearl to Appear Pro Hac Vice on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27198095) filed by Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order Proposed Order) (Rodriguez, Maria)
July 10, 2020 Opinion or Order Filing 27 APPLICATION of Non-Resident Attorney Theodore M. Becker to Appear Pro Hac Vice on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale (Pro Hac Vice Fee - $400.00 Previously Paid on 7/7/2020, Receipt No. 5529011) filed by Defendant Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order) (Rodriguez, Maria)
July 9, 2020 Opinion or Order Filing 28 ORDER by Judge Jesus G. Bernal: Granting #27 Non-Resident Attorney Theodore M. Becker APPLICATION to Appear Pro Hac Vice on behalf of KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, William Thomas, and Lori Van Arsdale , designating Maria C. Rodriguez as local counsel. (twdb)
July 9, 2020 Opinion or Order Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: EX PARTE APPLICATION of Non-Resident Attorney Theodore Michaelson Becker to Appear Pro Hac Vice on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Own #25 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Other error(s) with document(s): Document is an Application, not an EX PARTE Application. Application lists of defendants is not consistent with proposed order. (Thrasher, Lupe)
July 7, 2020 Opinion or Order Filing 25 EX PARTE APPLICATION of Non-Resident Attorney Theodore Michaelson Becker to Appear Pro Hac Vice on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27104515) filed by Defendant Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (Attachments: #1 Proposed Order) (Rodriguez, Maria)
July 7, 2020 Opinion or Order Filing 24 First NOTICE of Appearance filed by attorney Maria C Rodriguez on behalf of Defendants Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan, KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale (Attorney Maria C Rodriguez added to party Kali Pradip Chaudhuri(pty:dft), Attorney Maria C Rodriguez added to party Kali Priyo Chaudhuri (pty:dft), Attorney Maria C Rodriguez added to party Amelia Hippert(pty:dft), Attorney Maria C Rodriguez added to party KPC Healthcare Holdings, Inc.(pty:dft), Attorney Maria C Rodriguez added to party KPC Healthcare, Inc. Employee Stock Ownership Plan(pty:dft), Attorney Maria C Rodriguez added to party KPC Healthcare, Inc. Employee Stock Ownership Plan Committee (pty:dft), Attorney Maria C Rodriguez added to party William E Thomas(pty:dft), Attorney Maria C Rodriguez added to party Lori Van Arsdale(pty:dft))(Rodriguez, Maria)
July 7, 2020 Opinion or Order Filing 23 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon Kali Priyo Chaudhuri waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by Kali Priyo Chaudhuri. (Barton, Robert)
July 7, 2020 Opinion or Order Filing 22 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon Lori Van Arsdale waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by Lori Van Arsdale. (Barton, Robert)
July 7, 2020 Opinion or Order Filing 21 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon Kali Pradip Chaudhuri waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by Kali Pradip Chaudhuri. (Barton, Robert)
July 7, 2020 Opinion or Order Filing 20 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon Amelia Hippert waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by Amelia Hippert. (Barton, Robert)
July 7, 2020 Opinion or Order Filing 19 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon KPC Healthcare Holdings, Inc. waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by William E. Thomas. (Barton, Robert)
July 7, 2020 Opinion or Order Filing 18 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon William E Thomas waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by William E. Thomas. (Barton, Robert)
July 7, 2020 Opinion or Order Filing 17 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon KPC Healthcare, Inc. Employee Stock Ownership Plan Committee waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by William E. Thomas. (Barton, Robert)
July 7, 2020 Opinion or Order Filing 16 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon KPC Healthcare, Inc. Employee Stock Ownership Plan waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by William E. Thomas. (Barton, Robert)
June 22, 2020 Opinion or Order Filing 15 WAIVER OF SERVICE Returned Executed filed by plaintiff Danielle Gamino. upon Alerus Financial, N.A. waiver sent by Plaintiff on 6/5/2020, answer due 8/4/2020. Waiver of Service signed by Scott A. Fenske. (Barton, Robert)
June 15, 2020 Opinion or Order Filing 14 ORDER by Judge Jesus G. Bernal: granting #12 Non-Resident Attorney Colin M. Downes APPLICATION to Appear Pro Hac Vice on behalf of Danielle Gamino Plaintiff, designating Richard E. Donahoo as local counsel; granting #13 Non-Resident Attorney Colin M. Downes APPLICATION to Appear Pro Hac Vice on behalf of Danielle Gamino Plaintiff, designating Richard E. Donahoo as local counsel. (twdb)
June 10, 2020 Opinion or Order Filing 13 Corrected APPLICATION of Non-Resident Attorney Colin M. Downes to Appear Pro Hac Vice on behalf of Plaintiff Danielle Gamino (Pro Hac Vice Fee - $400 Previously Paid on 6/10/2020, Receipt No. ACACDC-26755908) filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order Proposed Order) (Donahoo, Richard)
June 10, 2020 Opinion or Order Filing 12 First APPLICATION of Non-Resident Attorney Colin M. Downes to Appear Pro Hac Vice on behalf of Plaintiff Danielle Gamino (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26755908) filed by Plaintiff Danielle Gamino. (Attachments: #1 Proposed Order Proposed Order) (Donahoo, Richard)
June 4, 2020 Opinion or Order Filing 11 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
June 2, 2020 Opinion or Order Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Alerus Financial, N.A., Kali Pradip Chaudhuri, Kali Priyo Chaudhuri, Amelia Hippert, KPC Healthcare Holdings, Inc., KPC Healthcare, Inc. Employee Stock Ownership Plan Committee, William E Thomas, Lori Van Arsdale. (car)
June 2, 2020 Opinion or Order Filing 9 NOTICE of Interested Parties filed by Plaintiff Danielle Gamino, (Donahoo, Richard)
June 2, 2020 Opinion or Order Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Danielle Gamino. (Donahoo, Richard)
June 2, 2020 Opinion or Order Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Major Khan. 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. (car)
June 2, 2020 Opinion or Order Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Colin M Downes. 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. (car)
June 2, 2020 Opinion or Order Filing 5 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: Summons Request was e-filed incorrectly as attachment 2 to the Complaint. The correct event is located under Civil Events Service Documents Service/Waivers of Summons and Complaints.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car)
June 2, 2020 Opinion or Order Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): Attachment 1 Civil Cover Sheet should be e-filed separately and in the correct event. The correct event is located under Civil Events Other Filings Miscellaneous Filings. (car)
June 2, 2020 Opinion or Order Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
June 2, 2020 Opinion or Order Filing 2 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Shashi H. Kewalramani. (car)
June 1, 2020 Opinion or Order Filing 1 COMPLAINT Receipt No: ACACDC-26641768 - Fee: $400, filed by Plaintiff DANIELLE GAMINO. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Summons) (Attorney Richard E Donahoo added to party DANIELLE GAMINO(pty:pla))(Donahoo, Richard)

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Search for this case: Danielle Gamino v. KPC Healthcare Holdings, Inc. et al
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Defendant: Lori Van Arsdale
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
Represented By: Theodore M. Becker
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Defendant: William E Thomas
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
Represented By: Theodore M. Becker
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Defendant: KPC Healthcare Holdings, Inc.
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Theodore M. Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
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Defendant: Amelia Hippert
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Theodore M. Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
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Defendant: KPC HEALTHCARE, INC. EMPLOYEE STOCK OWNERSHIP PLAN COMMITTEE
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
Represented By: Theodore M. Becker
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Defendant: KALI PRIYO CHAUDHURI
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
Represented By: Theodore M. Becker
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Defendant: KALI PRADIP CHAUDHURI
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
Represented By: Theodore M. Becker
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Defendant: KPC Healthcare, Inc. Employee Stock Ownership Plan
Represented By: Richard J. Pearl
Represented By: Maria C Rodriguez
Represented By: Theodore M Becker
Represented By: Theodore M. Becker
Represented By: Christopher A Braham
Represented By: Julian Lucien Andre
Represented By: Laurie Ann Baddon
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Petitioner: ALERUS FINANCIAL, N.A.
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Plaintiff: DANIELLE GAMINO
Represented By: Richard E Donahoo
Represented By: Colin M Downes
Represented By: Sarah Louise Kokonas
Represented By: William Edward Donahoo
Represented By: Robert Joseph Barton
Represented By: Anne Weis
Represented By: Daniel M Feinberg
Represented By: Darin Ranahan
Represented By: Major Khan
Represented By: Nina Wasow
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Consolidated defendant: SPCP Group LLC
Represented By: Aimee G Mackay
Represented By: Daniel R Rodriguez
Represented By: Deborah S. Davidson
Represented By: Jared Killeen
Represented By: Julian Lucien Andre
Represented By: Sari M. Alamuddin
Represented By: Theodore M. Becker
Represented By: William R. Peterson
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Interested party: Stout Risius Ross LLC
Represented By: Natasha Sophia Fedder
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