SMIDGA v. META PLATFORMS, INC. et al
| MALINDA S. SMIDGA |
| Meta Platforms Inc.,, Facebook Inc., THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER doing business as UPMC and Meta Platforms Inc. |
| 3:2022cv05753 |
| October 5, 2022 |
| US District Court for the Northern District of California |
| William H Orrick |
| Kandis A Westmore |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 Transcript of Proceedings held on 05/23/23, before Judge Magistrate Judge Virginia DeMarchi. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 11:00 - 1:25. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (257 in 3:22-cv-03580-WHO) Transcript Order, (256 in 3:22-cv-03580-WHO) Transcript Order, ) Redaction Request due 6/15/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/23/2023. (Jauregui, Tara) (Filed on 5/25/2023) |
| Filing 37 Transcript of Zoom Video Conference Proceedings held on 12-14-2022, before Judge William H. Orrick. Court Reporter/Transcriber Debra Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (152 in 3:22-cv-03580-WHO) Transcript Order, (153 in 3:22-cv-03580-WHO) Transcript Order ) Release of Transcript Restriction set for 4/13/2023. (Pas, Debra) (Filed on 1/13/2023) |
| Filing 36 Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 12/14/2022 re (86 in 3:22-cv-03580-WHO) MOTION to Appoint Lead Plaintiff and Lead Counsel, (120 in 3:22-cv-03580-WHO), First MOTION to Appoint Counsel as Interim Class Counsel, (80 in 3:22-cv-03580-WHO) MOTION to Appoint Interim Lead Counsel. Motions taken under submission; written order to follow. Total Time in Court: 26 minutes. Court Reporter: Debra Pas. (jmd, COURT STAFF) (Date Filed: 12/14/2022) |
| Filing 35 Transcript of Proceedings held on 11/09/2022, before Judge Orrick. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (127 in 3:22-cv-03580-WHO) Transcript Order, ) Redaction Request due 12/14/2022. Redacted Transcript Deadline set for 12/27/2022. Release of Transcript Restriction set for 2/21/2023. (Batalo, Pam) (Filed on 11/23/2022) |
| Filing 34 CLERKS NOTICE SETTING ZOOM HEARING - The Hearing on Motions to Appoint Interim Lead Counsel set for 12/14/2022 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that p hotographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 11/17/2022) |
| Filing 33 Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 11/9/2022 re (46 in 3:22-cv-03580-WHO) MOTION for Preliminary Injunction. Motion taken under submission; written order to follow. Total Time in Court: 1 hour, 8 minutes. Court Reporter: Pamela Hebel. (jmd, COURT STAFF) (Date Filed: 11/9/2022) |
Filing 32
ORDER GRANTING MOTION TO CONSOLIDATE under Case No. 22-cv-3580, In Re: Meta Pixel Healthcare Litigation originally filed as Dkt. 73 in lead case 22cv3580. Related Cases 22cv5753 and 22cv6020 shall be consolidated into this action unless a party objects to consolidation within fourteen days of this docket entry. Signed by Judge William H. Orrick on 10/12/2022. (jmd, COURT STAFF) (Filed on 11/1/2022)
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| Filing 31 STIPULATION to Extend Time for Defendant Meta Platforms, Inc. to Respond to Plaintiff's Complaint filed by Meta Platforms Inc.,. (Goldman, Lauren) (Filed on 10/25/2022) |
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Filing 30
ORDER REGARDING NEWLY RELATED CASES. Signed by Judge William H. Orrick on 10/21/2022. (jmd, COURT STAFF) (Filed on 10/21/2022)
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Filing 29
ORDER REASSIGNING CASE. Case reassigned to Judge William H. Orrick for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 10/20/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 10/20/2022)
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Filing 28
ORDER RELATING CASE. Signed by Judge William H. Orrick on 10/19/2022. (jmd, COURT STAFF) (Filed on 10/19/2022)
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| Filing 27 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/25/2022. (wft, COURT STAFF) (Filed on 10/11/2022) |
| Filing 26 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/27/2022. Initial Case Management Conference set for 1/3/2023 01:30 PM in Oakland, - To be determined. (cv, COURT STAFF) (Filed on 10/5/2022) |
| Filing 25 Case transferred in from District of Pennsylvania Western; Case Number 2:22-cv-01231. Original file certified copy of transfer order and docket sheet received. |
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Filing 24
ORDER granting #20 MOTION for attorney Elizabeth K. McCloskey to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 10/3/2022. (mqe)
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Filing 23
ORDER granting #19 MOTION for attorney Abigail A. Barrera to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 10/3/2022. (mqe)
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Filing 22
ORDER granting #21 Motion to Sever and Motion to Transfer Case. Plaintiff's claims against Meta at Counts Three, Four, and Six in the Complaint are hereby severed and transferred to the Northern District of California as set forth herein. Signed by Magistrate Judge Maureen P. Kelly on 10/3/2022. (et) .
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| Filing 21 Joint MOTION to Sever Claims Against Meta Platforms, Inc., Joint MOTION to Transfer Case to the Northern District of California by META PLATFORMS, INC. (Attachments: #1 Declaration of Lauren Goldman in Support of Plaintiff's and Meta Platforms, Inc.'s Joint Motion to Sever and Transfer Claims Against Meta Platforms, Inc. to the Northern District of California, #2 Proposed Order Granting Motion to Sever and Transfer Claims) (Goldman, Lauren) |
| Filing 20 MOTION for attorney Elizabeth K. McCloskey to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7323020) by META PLATFORMS, INC.. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (McCloskey, Elizabeth) |
| Filing 19 MOTION for attorney Abigail A. Barrera to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7322963) by META PLATFORMS, INC.. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Barrera, Abbey) |
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Filing 18
ORDER granting #8 Motion for Lauren R. Goldman to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 9/27/2022. (et)
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Filing 17
ORDER granting #9 Motion for Trenton J. Van Oss to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 9/27/2022. (et)
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| Filing 16 Disclosure Statement identifying Cassin Networks ApS; Edge Network Services Limited; Facebook Holdings, LLC; Facebook Operations, LLC; Facebook Payments, Inc.; Facebook Technologies, LLC; Facebook UK Limited; FCL Tech Limited; Greater Kudu LLC; Hibiscus Properties, LLC; Instagram, LLC; Meta Platforms Ireland Limited; Morning Hornet LLC; Novi Financial, Inc.; Pinnacle Sweden - 2 - AB; Raven Northbrook LLC; Runways Information Services Limited; Scout Development LLC; Siculus, Inc.; Sidecat LLC; Stadion LLC; Starbelt LLC; Vitesse, LLC; WhatsApp LLC; Winner LLC as corporate parent or other affiliate, by META PLATFORMS, INC. (Goldman, Lauren) |
| Filing 15 Proposed Order re #8 Motion to Appear Pro Hac Vice, by META PLATFORMS, INC. (Goldman, Lauren) |
| Filing 14 Proposed Order re #9 Motion to Appear Pro Hac Vice, by META PLATFORMS, INC. (Van Oss, Trenton) |
| Filing 13 NOTICE of Appearance by Anderson T. Bailey on behalf of THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER. (Bailey, Anderson) |
| Filing 12 NOTICE of Appearance by Rebekah B. Kcehowski on behalf of THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER. (Kcehowski, Rebekah) |
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Filing 11
ORDER directing counsel seeking admission to practice in this case, in accordance with Local Civil Rule 7.D., all motions must be accompanied by a proposed order of court. The pending motions for admission at ECF Nos. 8 and 9 will not be considered until the proposed orders are filed. Signed by Magistrate Judge Maureen P. Kelly on 9/26/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 10 Stipulation for Extension of Time to Answer by META PLATFORMS, INC. Answer due from META PLATFORMS, INC. on 10/27/2022. (Goldman, Lauren) |
| Filing 9 MOTION for attorney Trenton J. Van Oss to Appear Pro Hac Vice, for Defendant Meta Platforms, Inc. (Filing fee $70, Receipt # APAWDC-7311419) by META PLATFORMS, INC. (Attachments: #1 Affidavit of Trenton J. Van Oss, #2 Exhibit A - Certificate of Good Standing) (Van Oss, Trenton) |
| Filing 8 MOTION for attorney Lauren R. Goldman to Appear Pro Hac Vice, for Defendant Meta Platforms, Inc. (Filing fee $70, Receipt # APAWDC-7311414) by META PLATFORMS, INC. (Attachments: #1 Affidavit Affidavit of Lauren R. Goldman, #2 Exhibit A - Certificate of Good Standing) (Goldman, Lauren) |
| Filing 7 Stipulation for Extension of Time to Answer by THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER Answer due from THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER on 10/21/2022. (Kcehowski, Rebekah) |
| Filing 6 NOTICE of Appearance by Jamisen A. Etzel on behalf of MALINDA S. SMIDGA. (Etzel, Jamisen) |
| Filing 5 SUMMONS/Return of Service Returned Executed by MALINDA S. SMIDGA. META PLATFORMS, INC. served on 9/6/2022, answer due 9/27/2022. (Lynch, Gary) |
| Filing 4 SUMMONS/Return of Service Returned Executed by MALINDA S. SMIDGA. THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER served on 8/31/2022, answer due 9/21/2022. (Lynch, Gary) |
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Filing 3
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 8/30/2022. (et)
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| Filing 2 Summons Issued as to META PLATFORMS, INC., THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER (Attachments: #1 Summons University of Pittsburgh Medical Center) (keh) |
| Filing 1 COMPLAINT against META PLATFORMS, INC., THE UNIVERSITY OF PITTSBURGH MEDICAL CENTER (Filing fee, including Administrative fee, $402, receipt number APAWDC-7261383), filed by MALINDA S. SMIDGA. (Attachments: #1 Civil Cover Sheet) (keh) |
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