Naugle et al v. Meta Platforms Inc. et al
| Kim Naugle and Afrika Williams |
| Meta Platforms Inc., Duke University Health Systems, Inc. and WakeMed |
| 3:2022cv09200 |
| December 30, 2022 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| William H Orrick |
| Alex G Tse |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 50 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 49
Order by Judge William H. Orrick granting #43 Motion to Withdraw as Attorney by Matthew T. Martens. (jmd, COURT STAFF) (Filed on 2/3/2023)
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| CASE REFERRED to Magistrate Judge Virginia K. DeMarchi for Discovery (mkl, COURT STAFF) (Filed on 2/3/2023) |
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Filing 48
ORDER REFERRING CASE to Magistrate Judge Virginia K. DeMarchi for Discovery purposes. Signed by Judge William H. Orrick on 2/2/2023. (jmd, COURT STAFF) (Filed on 2/2/2023)
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| Filing 47 CLERKS NOTICE SETTING ZOOM HEARING - Case Management Conference set for 3/14/2023 02:00 PM. This proceeding will be held via Zoom webinar. Case Management Statement due by 3/7/2023. 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 vid eoconference are reminded that photographing, 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 2/2/2023) |
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Filing 46
ORDER REASSIGNING CASE. Case reassigned to Judge William H. Orrick for all further proceedings. Magistrate Judge Alex G. Tse 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 2/2/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 2/2/2023)
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Filing 45
ORDER RELATING CASE to Case No. 22cv3580-WHO. Signed by Judge William H. Orrick on 02/01/2023. (jmd, COURT STAFF) (Filed on 2/1/2023)
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| Filing 44 Joint Stipulation to Extend Time for Meta Platforms, Inc. to Respond to the #1 Complaint filed by Meta Platforms Inc.. (McCloskey, Elizabeth) (Filed on 1/23/2023) |
| Filing 43 MOTION to Withdraw as Attorney for Defendant Meta Platforms, Inc. filed by Meta Platforms Inc.. Responses due by 2/6/2023. (Attachments: #1 Proposed Order)(McCloskey, Elizabeth) (Filed on 1/23/2023) |
| Filing 42 NOTICE of Appearance by Elizabeth Katharine McCloskey on Behalf of Defendant Meta Platforms, Inc. (McCloskey, Elizabeth) (Filed on 1/23/2023) |
| Filing 41 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/24/2023. Initial Case Management Conference set for 3/31/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (slh, COURT STAFF) (Filed on 1/4/2023) |
| Filing 40 Case transferred in from District of North Carolina Middle; Case Number 1:22-cv-00727. Original file certified copy of transfer order and docket sheet received. |
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Filing 39
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/28/2022, that the Joint Motion to Transfer and Sever [Doc. #16 is GRANTED, and Plaintiffs' claims against Meta-Counts One, Two, Three, Four,Five, Six, and Seven in the Complaint [Doc. #1 -are hereby severed and transferred to the Northern District of California for coordination with In re Meta Pixel Healthcare Litigation, Case No. 3 :22-cv-03580-WHO. Plaintiffs' remaining claims against Duke University Health System, Inc. and WakeMed are not transferred by this Order.(Taylor, Abby)
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| Filing 38 Notice to Parties RE: SO30. (Attachments: #1 Consent Form) Response due 1/17/2023(Winchester, Robin) |
| Filing 37 NOTICE of Special Appearance by attorney PAUL G KARLSGODT on behalf of Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. ( Filing fee $ 25 receipt number ANCMDC-3450264.) (KARLSGODT, PAUL) |
| Motions Referred: RE: #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #21 MOTION to Sever and Transfer, #23 MOTION to Dismiss Plaintiffs' Class Action Complaint, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 36 REPLY, filed by Defendant WAKEMED, to Response to #23 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by WAKEMED. (MCGUIRE, MATTHEW) |
| Filing 35 REPLY, filed by Defendant WAKEMED, to Response to #21 MOTION to Sever and Transfer filed by WAKEMED. (MCGUIRE, MATTHEW) |
| Filing 34 REPLY, filed by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC., to Response to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (SCULLY, ELIZABETH) |
| Filing 32 ***Filed in Error*** REPLY, filed by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC., to Response to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (SCULLY, ELIZABETH) Modified on 12/13/2022 to mark filed in error. Attorney to refile. (Bowers, Alexis) |
| Filing 31 NOTICE of Special Appearance by attorney MAUREEN KANE BERG on behalf of Plaintiffs KIM NAUGLE, AFRIKA WILLIAMS ( Filing fee $ 25 receipt number ANCMDC-3445421.) (BERG, MAUREEN) |
| Filing 30 NOTICE of Special Appearance by attorney KATE M. BAXTER-KAUF on behalf of Plaintiffs KIM NAUGLE, AFRIKA WILLIAMS ( Filing fee $ 25 receipt number ANCMDC-3445410.) (BAXTER-KAUF, KATE) |
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Filing 29
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/07/2022, granting #28 Motion for Extension of Time to Answer filed by META PLATFORMS, INC. Meta shall have up to and including 30 days after the Court rules on the Joint Motion to Sever and Transfer Claims Against Meta Platforms, Inc. to the Northern District of California, to answer or otherwise respond to Plaintiffs' complaint. (Taylor, Abby)
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| Motions Referred: RE: #28 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 28 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by META PLATFORMS, INC.. (Attachments: #1 Text of Proposed Order)(GOLDMAN, LAUREN) |
| Filing 27 RESPONSE in Opposition re #21 MOTION to Sever and Transfer filed by WAKEMED filed by KIM NAUGLE, AFRIKA WILLIAMS. Replies due by 12/13/2022 (HARRELL, JAMES) |
| Filing 26 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC., #23 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by WAKEMED filed by KIM NAUGLE, AFRIKA WILLIAMS. Replies due by 12/13/2022 (HARRELL, JAMES) |
| Filing 25 NOTICE of Special Appearance by attorney ELIZABETH ANNE SCULLY on behalf of Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. ( Filing fee $ 25 receipt number ANCMDC-3431365.) (SCULLY, ELIZABETH) |
| Filing 24 MEMORANDUM filed by Defendant WAKEMED re #23 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by WAKEMED. (Attachments: #1 Exhibit 1 - Notice of Privacy Practices)(MCGUIRE, MATTHEW) |
| Filing 23 MOTION to Dismiss Plaintiffs' Class Action Complaint by WAKEMED. Response to Motion due by 11/29/2022 (MCGUIRE, MATTHEW) |
| Filing 22 MEMORANDUM filed by Defendant WAKEMED re #21 MOTION to Sever and Transfer filed by WAKEMED. (Attachments: #1 Exhibit A - Matthiae Complaint, Case No. 5:22cv00433 (E.D.N.C.))(MCGUIRE, MATTHEW) |
| Filing 21 MOTION to Sever and Transfer by WAKEMED. Response to Motion due by 11/29/2022 (MCGUIRE, MATTHEW) |
| Filing 20 MEMORANDUM filed by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (ANDERSON, MARK) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DUKE UNIVERSITY HEALTH SYSTEM, INC.. Response to Motion due by 11/29/2022 (Attachments: #1 Text of Proposed Order)(ANDERSON, MARK) |
| Motions Referred: RE: #18 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 18 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by WAKEMED. (Attachments: #1 Text of Proposed Order)(MCGUIRE, MATTHEW) |
| Motions Referred: RE: #17 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
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ORDER granting #17 Motion for Extension of Time to Answer filed by META PLATFORMS, INC. Answer due 12/8/2022. Signed by Gloria L. Powell on 11/4/2022 on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria)
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| Filing 17 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by META PLATFORMS, INC.. (Attachments: #1 Text of Proposed Order)(GOLDMAN, LAUREN) |
| Motion Submitted: #16 Joint MOTION to Sever and Transfer Plaintiffs' Claims Against Meta Platforms, Inc. to JUDGE WILLIAM L. OSTEEN, JR. (Marsh, Keah) |
| Filing 16 Joint MOTION to Sever and Transfer Plaintiffs' Claims Against Meta Platforms, Inc. by META PLATFORMS, INC.. Response to Motion due by 11/14/2022 (Attachments: #1 Affidavit Declaration of Lauren R. Goldman in support of Joint Motion, #2 Text of Proposed Order Granting Joint Motion)(GOLDMAN, LAUREN) |
| Filing 15 NOTICE of Special Appearance by attorney TRENTON JAMES VAN OSS on behalf of Defendant META PLATFORMS, INC. ( Filing fee $ 25 receipt number ANCMDC-3409922.) (VAN OSS, TRENTON) |
| Filing 14 NOTICE of Special Appearance by attorney LAUREN R. GOLDMAN on behalf of Defendant META PLATFORMS, INC. ( Filing fee $ 25 receipt number ANCMDC-3409921.) (GOLDMAN, LAUREN) |
| Filing 13 Corporate Disclosure Statement. (MARTENS, MATTHEW) |
| Filing 12 NOTICE of Attorney Appearance by attorney MATTHEW T. MARTENS on behalf of Defendant META PLATFORMS, INC. (MARTENS, MATTHEW) |
| Filing 11 Corporate Disclosure Statement by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC.. (ANDERSON, MARK) |
| Filing 10 Corporate Disclosure Statement by Defendant WAKEMED. (MCGUIRE, MATTHEW) |
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Filing 9
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/03/2022, granting #7 Motion for Extension of Time to Answer filed by WAKEMED to 11/8/2022. Answer due by 11/8/2022. (Taylor, Abby)
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Filing 8
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/03/2022, granting #5 Motion for Extension of Time to Answer filed by DUKE UNIVERSITY HEALTH SYSTEM, INC. to 11/8/2022. Answer due by 11/8/2022. (Taylor, Abby)
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| Motions Referred: RE: #5 Consent MOTION for Extension of Time to File Answer re #1 Complaint, , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Motions Referred: RE: #7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by WAKEMED. (Attachments: #1 Text of Proposed Order)(MCGUIRE, MATTHEW) Modified on 9/29/2022 requested proposed order (Garrett, Kim). |
| Filing 6 NOTICE of Attorney Appearance by attorney MATTHEW PATRICK MCGUIRE on behalf of Defendant WAKEMED (MCGUIRE, MATTHEW) |
| Filing 5 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (Attachments: #1 Text of Proposed Order)(ANDERSON, MARK) Modified on 9/29/2022 requested proposed order (Garrett, Kim). |
| Filing 4 NOTICE of Attorney Appearance by attorney MARK E. ANDERSON on behalf of Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. (ANDERSON, MARK) |
| Filing 3 WAIVER OF SERVICE Returned Executed by KIM NAUGLE, AFRIKA WILLIAMS. META PLATFORMS, INC. waiver sent on 9/9/2022, answer due 11/8/2022. (HARRELL, JAMES) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Summons - DUKE UNIVERSITY HEALTH SYSTEM, INC., #2 Summons - WAKEMED) (Carter, Alexus) |
| Filing 1 COMPLAINT - CLASS ACTION with DEMAND FOR JURY TRIAL against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3372762.), filed by KIM NAUGLE, AFRIKA WILLIAMS. (Attachments: #1 Civil Cover Sheet)(HARRELL, JAMES) Modified on 9/1/2022 to add complete title of document. (Carter, Alexus). |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Carter, Alexus) |
| CASE REFERRED to Standing Order 30. (Carter, Alexus) |
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