Egbujo v. Nuvance Health, Inc.
| Uchechukwu Egbujo |
| Nuvance Health, Inc. |
| 3:2020cv01133 |
| August 7, 2020 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Robert M Spector |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Both |
Docket Report
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Filing 52
Joint MOTION for Extension of Time of Discovery by Nuvance Health, Inc.. (Pete, Brian)
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Filing 51
RULING FOLLOWING IN CAMERA REVIEW: Consistent with this Court's Order (Doc. No. 50 ), on November 9, 2021, the defendant submitted for the Court's in camera review a cover letter, a copy of the privilege log, and the 122-pages of documents withheld as privileged. The documents contain attorney notes from interviews with individuals involved with, or related to, the incident at issue in this case. The plaintiff seeks the production of these notes on grounds that they are investigatory in nature and not protected by the attorney-client privilege or the work-product doctrine. The defendant withholds these documents as attorney work product prepared in anticipation of litigation. "[M]emoranda based on oral statements of witnesses... would reveal the attorney's mental processes[, and]... [i]t is clear that this is the sort of material the draftsmen of [Rule 26(b)] had in mind as deserving special protection." Upjohn v. United States, 449 U.S. 383, 400 (1981). "Investigatory reports and materials are not protected by the attorney-client privilege or the work-product doctrine merely because they are provided to, or prepared by, counsel." OneBeacon Ins. Co. v. Forman Int'l Ltd., No. 04 Civ. 2271 (RWS), 2006 WL 3771010, at *5 (S.D.N.Y. Dec, 15, 2006) (citation omitted). However, "factual investigations performed by attorneys as attorneys fall comfortably within the protection of the attorney-client privilege." Sandra T.E. v. South Berwyn Sch. Dist. 100, 600 F.3d 612, 619 (7th Cir. 2010) (emphasis in original) (citing Upjohn, 449 U.S. at 401). Thus, the court must examine the role of the investigating attorneys in this case, consider the duties they performed, and determine whether they were providing legal advice or were serving as independent investigators. See Buck v. Indian Mtn Sch., No. 15 CV 123 (JBA), 2017 WL 421648, at *4-5 (D. Conn. Jan. 31, 2017). In order to examine that role, the Court ordered the submission of the documents for in camera review, including the submission of the "Summary Statement from Dr. Eunice Kang to Attorneys" and the Confirmation of Fee Arrangement and Engagement previously produced to the plaintiff. After completing a thorough review of the withheld documents, as well as the two documents produced to the plaintiff, the Court concludes that the withheld documents fall within the protection of the attorney-client privilege and work product doctrine, as they consist of memoranda based on oral statements of witnesses made to the attorneys for the purpose of providing legal advice. To the extent that the plaintiff seeks to depose the attorneys involved in the investigation at issue, the defendant can assert the privilege, as appropriate, in response to individual questions posed. It is SO ORDERED. Signed by Judge Robert M. Spector on 11/12/2021.(Watson, M.)
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Filing 50
MEMORANDUM of Discovery Conference and ORDER: For the reasons set forth during the discovery conference held today, and by agreement of counsel, the defendant shall submit the attorney notes at issue (see Doc. No. 48) for the Court's in camera review by Tuesday, November 9, 2021. The documents for in camera review shall be sent to RMS_Settlement @ctd.uscourts.gov Signed by Judge Robert M. Spector on 11/4/2021.(Watson, M.)
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Filing 49
Minute Entry for proceedings held before Judge Robert M. Spector: Zoom Discovery Conference held on 11/4/2021. 27 minutes(Court Reporter FTR.) (Watson, M.)
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Filing 48
Joint STATUS REPORT by Uchechukwu Egbujo. (Thier, Clifford)
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Filing 47
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Discovery Conference to be held by Zoom is set for 11/4/2021 at 12:00 PM before Judge Robert M. Spector. Please refer to the Notice Regarding Hearing Via Zoom for connection details. (Watson, M.)
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Filing 46
ORDER: On October 22, 2021, this case was referred to the undersigned for the purpose of resolving a discovery dispute (Doc. No. 45 ). The parties shall file a Joint Status Report regarding the discovery dispute brought to the attention of the Court (see Doc. No. 45) by November 1, 2021. A discovery conference will be held by Zoom on November 4, 2021 at 12:00 PM. Please refer to the Notice Regarding Hearing Via Zoom for connection details. Signed by Judge Robert M. Spector on 10/26/2021.(Watson, M.)
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NOTICE regarding hearing via Zoom: The Discovery Conference scheduled for 11/4/2021 at 12:00 PM will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1603842938?pwd=WVZjMmdRbUx4cXpzWE4zQlNaM210QT09 and call in number is 1 646 828 7666.Meeting ID: 160 384 2938 Meeting Password: 601567Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. 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. Any member of the public can join this Zoom using the link or the Meeting ID and Passcode. (Watson, M.)
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Filing 45
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for the purpose of resolving a discovery dispute. Signed by Judge Jeffrey A. Meyer on 10/22/21.(Barry, Donna)
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Filing 44
ORDER. The Court GRANTS in part the motion for extension of time (Doc. #43 ) as follows: close of discovery by December 15, 2021; dispositive motions by February 1, 2022; joint trial memorandum by February 15, 2022, or within 45 days of the Courts ruling on any dispositive motions, whichever date is latest. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/27/21. (Barry, Donna)
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Reset Deadlines: Discovery due by 12/15/2021, Dispositive Motions due by 2/1/2022, Joint Trial Memorandum due by 2/15/2022 ( Barry, Donna)
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Filing 43
Second MOTION for Extension of Time Discovery, Dispositive Motions and Joint Trial Memorandum by Uchechukwu Egbujo. (Thier, Clifford)
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Filing 42
NOTICE of Appearance by Clifford Thier on behalf of Uchechukwu Egbujo (Thier, Clifford)
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Filing 41
ORDER GRANTING MOTIONS TO WITHDRAW (Docs. #36 , #39 and #40 ). The Court GRANTS the motions to withdraw for the reasons stated in the motions and supporting materials. Attorney Pantuso shall advise the plaintiff in writing of the Court's granting of these motions and shall advise the plaintiff that he must either retain new counsel or must proceed by means of representing himself. On or before July 26, 2021, new counsel shall file a notice of appearance or plaintiff shall file a notice stating his intention to represent himself. To the extent that the granting of this motion warrants an amendment to the scheduling order, the parties may jointly move for an amendment to the scheduling order on or before July 26, 2021. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/25/21. (Barry, Donna)
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Filing 40
SEALED MOTION Affidavit of Anthony J. Pantuso, III in Support of Motion to Withdraw as Counsel by Uchechukwu Egbujo. (Pantuso, Anthony)
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Filing 39
SEALED MOTION Ex Parte Memorandum of Law in Support of Motion to Withdraw as Counsel by Uchechukwu Egbujo. (Pantuso, Anthony)
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Filing 38
AFFIDAVIT re #37 Memorandum in Support of Motion (Redacted) Signed By Anthony J. Pantuso, III filed by Uchechukwu Egbujo. (Pantuso, Anthony)
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Filing 37
Memorandum in Support re #36 MOTION for Anthony J. Pantuso, III to Withdraw as Attorney (Redacted) filed by Uchechukwu Egbujo. (Pantuso, Anthony)
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Filing 36
MOTION for Anthony J. Pantuso, III to Withdraw as Attorney by Uchechukwu Egbujo. (Pantuso, Anthony)
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Filing 35
ORDER. The Court GRANTS plaintiff's motion to file ex parte and under seal (Doc. #34 ) a motion to withdraw and memorandum in support. The Court concludes that compelling reasons exist for sealing and that sealing is narrowly tailored to serve those reasons. Counsel for plaintiff shall file any such motion and memorandum on or before June 30, 2021, and he may contact Judge Meyer's courtroom deputy if there are questions concerning the formatting and filing of such materials. It is so ordered.Signed by Judge Jeffrey A. Meyer on 6/23/21. (Barry, Donna)
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Filing 34
MOTION to Seal Ex parte memorandum of law in support of motion to withdraw as counsel and accompanying affidavit of counsel by Uchechukwu Egbujo. (Pantuso, Anthony)
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Filing 33
ORDER granting #32 Joint Motion to Modify the Scheduling Order. Signed by Judge Jeffrey A. Meyer on 6/17/21. (Barry, Donna)
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Reset Deadlines: Discovery due by 8/31/2021, Dispositive Motions due by 10/15/2021, and Trial Brief due by 11/30/2021 (Barry, Donna)
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Filing 32
Joint MOTION for Extension of Time to Extend Discovery by Nuvance Health, Inc.. (Pete, Brian)
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Filing 31
ORDER: After having ex parte discussions with the parties, the Court has determined that a settlement conference would not be productive at this time. The parties may contact chambers in the future if they believe that a settlement conference would be fruitful. Signed by Judge Robert A. Richardson on 6/15/2021. (Downey, Erin)
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Filing 30
ORDER. After ex parte discussions, the Court does not believe that a settlement conference would be fruitful at this time. The settlement conference scheduled for 6/3/2021 is postponed to a later date, but the Court will contact the lawyers to continue ex parte settlement discussions. Signed by Judge Robert A. Richardson on 6/2/2021. (Downey, Erin)
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Filing 29
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A video settlement conference is set for 6/3/2021 at 10:30 AM before Judge Robert A. Richardson. (Downey, Erin)
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Filing 28
ORDER: A video settlement conference is scheduled for 6/3/2021 at 10:30 AM with Judge Richardson. Please see attached order for important instructions. Counsel will receive video access information via email. Signed by Judge Robert A. Richardson on 4/7/2021. (Downey, Erin)
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for Settlement Conference. Signed by Judge Jeffrey A. Meyer on 4/5/2021.(Freberg, B)
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Filing 27
Minute Entry for proceedings held before Judge Jeffrey A. Meyer : Telephone Status Conference held on 4/2/2021. Total Time: 5 minutes(Court Reporter Diana Huntington.) (Gutierrez, Y.) Modified on 4/15/2021 to add the correct Judge(Gutierrez, Y.).
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Filing 25
ORDER OF REFERRAL FOR SETTLEMENT CONFERENCE. On the basis of the parties' request to chambers for a referral for settlement conference with a U.S. Magistrate Judge, the Court REFERS this matter to a U.S. Magistrate Judge for a settlement conference. The Clerk of Court is requested to assign this matter to a U.S. Magistrate Judge as well as to enter a notice of assignment on the docket, and the parties should promptly call the assigned Magistrate Judge's chambers for scheduling. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/2/2021.(Freberg, B)
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Filing 24
MEMORANDUM OF CONFERENCE and ORDER. On April 2, 2021, the Court held a telephone conference with counsel concerning the status of this case. Counsel requested a referral to a magistrate judge for a settlement conference. Counsel also reported a possible upcoming discovery dispute. The parties are instructed to refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Instructions for Discovery Disputes." The Court is unlikely to extend the deadlines in the current scheduling order absent extraordinary circumstances. It is so ordered. Signed by Judge Jeffrey A. Meyer on 04/02/2021. (Martinez, C.)
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Filing 23
ORDER RESCHEDULING STATUS CONFERENCE. In light of counsel for plaintiff's failure to join today's long scheduled telephone status conference, the Court RESCHEDULES the telephone status conference to 4:15pm on April 2, 2021. The Court intends to dismiss this action for failure to prosecute if plaintiff's counsel fails again to participate in the teleconference. It is so ordered. Signed by Judge Jeffrey A. Meyer on 03/26/2021. (Martinez, C.)
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Filing 22
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 3/26/2021 at 4:00 PM. The parties should use the following conference call dial-in number: 1-877-402-9753; access code: 8576007#. (Gutierrez, Y.)
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Filing 21
NOTICE of Appearance by Brian Pete on behalf of Nuvance Health, Inc. (Pete, Brian)
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Set Deadlines: Joint Trial Memorandum due by 9/23/2021. (Gutierrez, Y.)
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Filing 20
GENERAL SCHEDULING ORDER. The parties' Rule 26(f) Planning Report (Doc. #19 ) is hereby APPROVED as modified by this order. All discovery shall be completed by June 25, 2021, and all other interim discovery dates set forth in the parties' Rule 26(f) Report are hereby adopted. Any dispositive summary judgment motions shall be filed by August 9, 2021, and any response to dispositive summary judgment motions shall be filed by September 8, 2021. The parties' joint trial memorandum is due by September 23, 2021, or within 60 days of the Court's ruling on dispositive summary judgment motions, whichever date is later. The Court will thereafter set a trial date, and the parties should be prepared to proceed to jury selection within 30 days of the filing of the joint trial memorandum. Please refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Instructions for Discovery Disputes" and "Instructions for Joint Trial Memorandum" and "Pretrial Preferences" and "Trial Preferences." The parties are encouraged to commence discovery forthwith and to arrange their schedules in contemplation of the briefing deadlines for any dispositive motions, because the Court is unlikely to grant a future request for an extension of the scheduling order absent extraordinary and unforeseeable circumstances. A telephonic status conference will be held on March 26, 2021 at 4:00PM. Parties are instructed to call 877-402-9753; Access Code 8576007#. It is so ordered. Signed by Judge Jeffrey A. Meyer on 11/13/2020. (Martinez, C.)
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Filing 19
REPORT of Rule 26(f) Planning Meeting. (Pantuso, Anthony)
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Filing 18
CERTIFICATE OF GOOD STANDING re #16 MOTION for Attorney(s) Brian Pete to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6187991) by Nuvance Health, Inc.. (Jachimowski, Christy)
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Filing 17
ORDER granting #16 Motion for Attorney Brian Pete to Appear Pro Hac Vice. Certificate of Good Standing due by 12/28/2020. Signed by Clerk on 10/29/2020. (Freberg, B)
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Filing 16
MOTION for Attorney(s) Brian Pete to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6187991) by Nuvance Health, Inc.. (Attachments: #1 Affidavit Exhibit A- Affidavit of Attorney Brian Pete in support of Motion for Admission Pro Hac Vice)(Jachimowski, Christy)
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Filing 15
Corporate Disclosure Statement by Nuvance Health, Inc.. (Jachimowski, Christy)
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Filing 14
ANSWER to #1 Complaint with Affirmative Defenses with jury demand by Nuvance Health, Inc..(Jachimowski, Christy)
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Filing 13
ORDER granting #12 Motion for Extension of Time to conduct 26(f) planning conference and file 26(f) report. Signed by Judge Jeffrey A. Meyer on 9/22/2020. (Freberg, B)
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Set Deadlines/Hearings: Rule 26 Meeting Report due by 11/16/2020 (Freberg, B)
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Filing 12
Consent MOTION for Extension of Time until 11/6/20; 11/16/20 conduct 26(f) planning conference; filing 26(f) report by Nuvance Health, Inc.. (Jachimowski, Christy)
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Filing 11
ORDER granting #10 Consent MOTION for Extension of Time until 10/16/2020 File response to complaint #1 Complaint. Signed by Judge Jeffrey A. Meyer on 9/15/2020. (Freberg, B)
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Answer deadline updated for Nuvance Health, Inc. to 10/16/2020. (Freberg, B)
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Filing 10
Consent MOTION for Extension of Time until 10/16/2020 File response to complaint #1 Complaint by Nuvance Health, Inc.. (Jachimowski, Christy)
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Filing 9
NOTICE of Appearance by Christy E. Jachimowski on behalf of Nuvance Health, Inc. (Jachimowski, Christy)
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Filing 8
SUMMONS Returned Executed by Uchechukwu Egbujo. Nuvance Health, Inc. served on 8/26/2020, answer due 9/16/2020. (Pantuso, Anthony)
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Filing 7
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Nuvance Health, Inc.* with answer to complaint due within *21* days. Attorney *Anthony J. Pantuso, III* *Law Offices of Anthony J. Pantuso, III* *4 Research Drive Suite 402* *Shelton, CT 06484*. (Freberg, B)
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Request for Clerk to issue summons as to Nuvance Health, Inc.. (Pantuso, Anthony)
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Filing 6
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #5 Notice, #1 Complaint filed by Uchechukwu Egbujo, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order, #4 Protective Order Signed by Clerk on 8710/2020.(Freberg, B)
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Filing 5
NOTICE re Initial Discovery Protocols. Signed by Clerk on 8/7/2020. (Attachments: #1 Discovery Attachment)(Freberg, B)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 8/7/2020.(Freberg, B)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 8/7/2020.(Freberg, B)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/6/2020 Discovery due by 2/6/2021 Dispositive Motions due by 3/13/2021 Signed by Clerk on 8/7/2020.(Freberg, B)
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Filing 1
COMPLAINT against Nuvance Health, Inc. ( Filing fee $400 receipt number ACTDC-6020108.), filed by Uchechukwu Egbujo. (Attachments: #1 Civil Cover Sheet)(Pantuso, Anthony)
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Judge Jeffrey A. Meyer added. (Nuzzi, Tiffany)
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| Plaintiff: Uchechukwu Egbujo | |
| Represented By: | Anthony J. Pantuso, III |
| Represented By: | Clifford Thier |
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| Defendant: Nuvance Health, Inc. | |
| Represented By: | Christy E. Jachimowski |
| Represented By: | Brian Pete |
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