Krackenberger v. Northwestern Memorial Hospital et al
| Michael Krackenberger |
| Northwestern Memorial Hospital, Meta Platforms Inc.,, Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC and Meta Platforms Inc. |
| 3:2022cv06020 |
| October 13, 2022 |
| US District Court for the Northern District of California |
| William H Orrick |
| Donna M Ryu |
| Other Statutory Actions |
| 18 U.S.C. § 2518 |
| 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 61 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 60 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 59 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 58 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 57 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 56 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 55
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 54
Order by Judge William H. Orrick granting #52 Stipulation. The defense response deadline is extended until either: (a) the deadline provided in the consolidation order (No. 22-cv-3580, Dkt. 73), if consolidation is granted; or (b) 30 days after consolidation is denied, if consolidation is denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3, COURT STAFF) (Filed on 10/24/2022)
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Filing 53
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 52 STIPULATION WITH PROPOSED ORDER filed by Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc.,. (Attachments: #1 Declaration of Elizabeth K. McCloskey in Support of Stipulated Request to Extend Time for Meta Defendants to Respond to Plaintiff's Complaint, #2 Proposed Order)(McCloskey, Elizabeth) (Filed on 10/20/2022) |
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Filing 51
ORDER REASSIGNING CASE. Case reassigned to Judge William H. Orrick for all further proceedings. Magistrate Judge Donna M. Ryu 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 50
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 49 NOTICE of Appearance by Gayle Meryl Blatt (Blatt, Gayle) (Filed on 10/19/2022) |
| Filing 48 NOTICE of Appearance by David S. Casey, Jr (Casey, David) (Filed on 10/19/2022) |
| Filing 47 NOTICE of Appearance by Elizabeth Katharine McCloskey (McCloskey, Elizabeth) (Filed on 10/17/2022) |
| Filing 46 CLERK'S NOTICE TO PLAINTIFF AND DEFENDANTS Re: Consent or Declination: Plaintiff and Defendants 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 10/28/2022. (ig, COURT STAFF) (Filed on 10/14/2022) |
| Filing 45 Amended Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/11/2023. Initial Case Management Conference set for 1/18/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (ig, COURT STAFF) (Filed on 10/14/2022) |
| Filing 44 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/4/2023. Initial Case Management Conference set for 1/11/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (slh, COURT STAFF) (Filed on 10/13/2022) |
| Filing 43 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-04203. Original file certified copy of transfer order and docket sheet received. |
| Filing 42 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing set for 11/29/2022 at 9:00 AM. Answer shall remain to be due 10/21/2022. Joint Status Report due by 11/22/2022. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Webex instructions are as follows: Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov. If you do not have access to a computer Dial: (650)-479-3207, the access code is: 180 698 4009. Given the increased volume of users that is anticipated, you are directed to mute your phone and turn off your video until your case is called. If calling in due to not having access to a computer, please remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function. Please test the sound quality and video functions of your device in advance. Members of the public and media are directed to call in to listen to hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lk, ) |
| Filing 41 AMENDED EXECUTIVE COMMITTEE ORDER: The Honorable Charles R. Norgle, Sr. has retired from regular active service as a United States District Judge effective October 4, 2022. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any case that was assigned to the Honorable Charles R. Norgle, Sr. and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Signed by the Honorable Rebecca R. Pallmeyer on 10/6/2022: Mailed notice. (tg, ) |
| Filing 39 TRANSFERRED to the Northern District of California the original file as to the severed Defendants certified copy of transfer order, and docket sheet via email. (gcy, ) |
| Filing 40 EXECUTIVE COMMITTEE ORDER: The Honorable Charles R. Norgle, Sr. has retired from regular active service as a United States District Judge effective October 4, 2022. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any case that was assigned to the Honorable Charles R. Norgle, Sr. and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Virginia M. Kendall for all further proceedings. Honorable Charles R. Norgle, Sr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/05/2022.(sm, ) |
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Filing 38
ORDER: The Court has considered the Parties' agreed motion requesting certain relief related to this action. The Court has determined the agreed motion should be granted. It is therefore Ordered, Adjudged, and Decreed as follows: The Court, having previously severed Krackenberger's claims against the Meta Defendants from Krackenberger's claims against Northwestern Memorial Hospital hereby directs and orders the Clerk of this Court to transfer the severed case of Krackenberger v. Meta Platforms, Inc., Facebook Holdings, LLC, Facebook Operations, LLC, and Instagram, LLC to the Northern District of California for coordination with cause number 3:22cv-03580-WHO, Doe v. Meta Platforms, Inc., presently pending before the Honorable William H. Orrick. IT IS SO ORDERED: Signed by the Honorable Charles R. Norgle on 9/23/2022. Mailed notice(smm, )
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| Filing 37 NOTICE of Correction regarding order. (smm, ) |
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Filing 36
ORDER: AGREED Motions for severance #34 and transfer of claims against META 34 and for stay as to Northwestern Memorial Hospital for Arbitration #34 are granted. Signed by the Honorable Charles R. Norgle on 9/21/2022. Mailed notice(smm, )
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| Filing 35 ENTERED IN ERROR. Modified on 9/23/2022 (smm, ). |
| Filing 34 MOTION by Plaintiff Michael Krackenberger to sever (Agreed Motion for severance of claims against Defendants Meta Platforms, Inc., Facebook Holdings, LLC, Facebook Operations, LLC, and Instagram, LLC), MOTION by Plaintiff Michael Krackenberger to transfer case (Agreed Motion for transfer of claims against Defendants Meta Platforms, Inc., Facebook Holdings, LLC, Facebook Operations, LLC, and Instagram, LLC), MOTION by Plaintiff Michael Krackenberger to stay (Agreed Motion for Stay as to Northwestern Memorial Hospital for Arbitration) (Wooten, Nick) |
| Filing 33 MINUTE entry before the Honorable Charles R. Norgle: Motion to withdraw as attorney for Northwestern Memorial Hospital #32 is granted. Attorney Joshua Michael Fliegel terminated. Mailed notice (smm, ) |
| Filing 32 MOTION by Attorney Joshua M. Fliegel to withdraw as attorney for Northwestern Memorial Hospital. No party information provided (Fliegel, Joshua) |
| Filing 31 ATTORNEY Appearance for Defendant Northwestern Memorial Hospital by Bonnie Keane DelGobbo (DelGobbo, Bonnie) |
| Filing 30 MINUTE entry before the Honorable Charles R. Norgle: Meta Defendants' Unopposed Motion to extend time to answer or respond to Plaintiff's complaint #29 is granted to and including 10/21/2022. Mailed notice (smm, ) |
| Filing 29 MOTION by Defendants Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc for extension of time to file answer regarding complaint #1 Meta Defendants' Unopposed Motion to Extend Time to Answer or Respond to Plaintiff's Complaint (Kutcher, Matthew) |
| Filing 28 ATTORNEY Appearance for Defendant Northwestern Memorial Hospital by David A. Carney (Carney, David) |
| Filing 26 MINUTE entry before the Honorable Charles R. Norgle: Unopposed Motion to extend responsive pleading deadline #21 is granted. Response due by 9/22/2022. Mailed notice (smm, ) |
| Filing 27 MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #23 is granted. Attorney Kyle C. Wong for Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc. added. Mailed notice (smm, ) |
| Filing 25 MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #17 is granted. Attorney Caroline A. Lebel for Defendants' Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc added. Mailed notice (smm, ) |
| Filing 24 MINUTE entry before the Honorable Charles R. Norgle: Meta Defendants' Unopposed Motion to extend time to answer or respond to Plaintiff's complaint #18 is granted. Defendants' Meta Platforms, Inc., Facebook Holdings, LLC, Facebook Operations, LLC and Instagram, LLC's answer or response to Plaintiff's complaint is due by 10/3/2022. Mailed notice (smm, ) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19792959. (Wong, Kyle) |
| Filing 22 MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #16 is granted. Attorney Michael G. Rhodes for Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc. added. Mailed notice (smm, ) |
| Filing 21 MOTION by Defendant Northwestern Memorial Hospital for extension of time to file answer regarding complaint #1 Unopposed Motion to Extend Responsive Pleading Deadline (Fliegel, Joshua) |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Northwestern Memorial Hospital (Fliegel, Joshua) |
| Filing 19 ATTORNEY Appearance for Defendant Northwestern Memorial Hospital by Joshua Michael Fliegel (Fliegel, Joshua) |
| Filing 18 MOTION by Defendants Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc for extension of time to file answer regarding complaint #1 Unopposed Motion to Extend Time to Answer or Respond to Plaintiff's Complaint (Kutcher, Matthew) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19791029. (Lebel, Caroline) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19788902. (Rhodes, Michael) |
| Filing 15 MINUTE entry before the Honorable Charles R. Norgle: Defendant's Motion for leave to appear pro hac vice #12 is granted. Attorney Abigail A. Barrera for Defendant's Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc. added. Mailed notice (smm, ) |
| Filing 14 MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #11 is granted. Attorney Trenton Van Oss for Defendant's Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc. added. Mailed notice (smm, ) |
| Filing 13 ATTORNEY Appearance for Defendants Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc by Lauren R Goldman (Goldman, Lauren) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19783770. (Barrera, Abigail) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19783763. (Van Oss, Trenton) |
| Filing 10 ATTORNEY Appearance for Defendants Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc by Matthew Lawrence Kutcher (Kutcher, Matthew) |
| Filing 9 ATTORNEY Appearance for Plaintiff Michael Krackenberger by Nick Heath Wooten (Wooten, Nick) |
| Filing 8 SUMMONS Returned Executed by Michael Krackenberger as to Meta Platforms Inc on 8/12/2022, answer due 9/2/2022. (Wooten, Nick) |
| Filing 7 SUMMONS Returned Executed by Michael Krackenberger as to Instagram LLC on 8/11/2022, answer due 9/1/2022. (Wooten, Nick) |
| Filing 6 SUMMONS Returned Executed by Michael Krackenberger as to Facebook Operations, LLC on 8/11/2022, answer due 9/1/2022. (Wooten, Nick) |
| Filing 5 SUMMONS Returned Executed by Michael Krackenberger as to Facebook Holdings, LLC on 8/11/2022, answer due 9/1/2022. (Wooten, Nick) |
| Filing 4 SUMMONS Returned Executed by Michael Krackenberger as to Northwestern Memorial Hospital on 8/11/2022, answer due 9/1/2022. (Wooten, Nick) |
| Filing 3 ATTORNEY Appearance for Plaintiff Michael Krackenberger by Rusty A. Payton (Payton, Rusty) |
| Filing 2 CIVIL Cover Sheet (Wooten, Nick) |
| Filing 1 COMPLAINT filed by Michael Krackenberger; Jury Demand. Filing fee $ 402, receipt number AILNDC-19729542.(Wooten, Nick) |
| SUMMONS Issued as to Defendants Facebook Holdings, LLC, Facebook Operations, LLC, Instagram LLC, Meta Platforms Inc, Northwestern Memorial Hospital (jb, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) |
| CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Shelia M. Finnegan. Case assignment: Random assignment. (smb, ) |
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