Kaplan v. 21st Century Oncology Holdings, Inc.
| Kaplan and Stuart Kaplan |
| 21st Century Oncology Holdings, Inc. |
| David Glickman, Rona Polovoy, Sharon MacDermid, Gayle Birken-Sikora, Karen Vosgaian, Lew Phillips, Kathleen Shaver, Maureen Trelease, Matthew Benzion, Mary Barbieri, Lana Izworski, Bradley Bernius, Kevin Hennings, Dorothy A. Ivory, Matthew Sikora, Berdenna Thompson, Jeffrey Lewin, Rita Marx, Jon Lokietz, Irene Goodman, Veneta Delucchi, George Delgado, Dolores Stubbs, Stacey Schwartz, Leonardo Rodriguez, Wilhelm Radauscher, Elizabeth Cetrulo, Susan Lewin, Caryn Bendetowies, John Dickman, Helene Phillips, Frank Baburchak, Mary Ann Rodriguez, Timothy Meulenberg, Judith Cabrera, Stacey Schall Adams, J.V., Jim Bimonte, Jeremy Miller and Robert Russell |
| 21st Century Oncology Data Breach Litigation |
| 21st Century Oncology, LLC, 21st Century Oncology Services, LLC and 21st Century Oncology, Inc. |
| 21st Century Oncology Management Services, Inc. |
| 2:2016cv00210 |
| March 18, 2016 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Lee |
| Mac R McCoy |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 44 JUDGMENT Signed by Deputy Clerk on 8/19/2019. (RMT) |
Filing 43
ORDER granting #42 voluntary dismissal; directing the Clerk to enter judgment dismissing the case without prejudice as of May 2, 2019, and to close the file. Signed by Judge John E. Steele on 8/16/2019. (RKR)
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| Filing 42 NOTICE of voluntary dismissal by Stuart Kaplan (Gilman, Kenneth) |
| Filing 41 TRANSFER to Tampa Division Division and assigned case number 8:16-cv-2894-T-35AEP (AG) |
| Filing 40 MULTIDISTRICT LITIGATION Panel Transfer Order transferring case to: Middle District of Florida - Tampa Division. Transferee court case number: 8:16-cv-2894-T-35AEP; MDL case number: 2737 (AG) |
| Filing 39 NOTICE canceling Motion hearing scheduled for 11/2/16 (BJH) |
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Filing 38
ORDER: The Court hereby cancels the hearing on the Motions for Appointment of Interim Class Counsel (Docs. 33-35) set for Wednesday, November 2, 2016. A hearing may be re-scheduled by separate order or notice by the Honorable Mary S. Scriven. Signed by Magistrate Judge Mac R. McCoy on 10/11/2016. (JTM)
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| Filing 37 NOTICE of hearing on motion re #34 MOTION to Appoint Counsel of Colson Hicks Eidson as interim class counsel or to plaintiffs' steering committee, #35 JOINT MOTION to Appoint Counsel as co-Interim Counsel or to Plaintiffs' Steering Committee, #33 MOTION to Appoint Counsel Motion for Appointment of Interim Class Counsel and Incorporated Memorandum of Law. Motion Hearing set for 11/2/2016 at 01:30 PM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. (BJH) |
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Filing 36
ORDER regarding #33, #34, and #35 the Motions for Appointment of Interim Class Counsel. A hearing shall be held before the Undersigned on Wednesday, November 2, 2016 at 1:30 p.m. The Clerk of Court is directed to set the hearing by separate notice. See Order for further details. Signed by Magistrate Judge Mac R. McCoy on 9/15/2016. (JTM)
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| Filing 35 JOINT MOTION to Appoint Counsel as co-Interim Counsel or to Plaintiffs' Steering Committee and memorandum of law by Stacey Schall Adams, Frank Baburchak, Irene Goodman, Kevin Hennings, Dorothy A. Ivory, Lana Izworski, J.V., Jeremy Miller, Helene Phillips, Lew Phillips, Leonardo Rodriguez, Kathleen Shaver, Dolores Stubbs, Berdenna Thompson, Karen Vosgaian. (Phoenix, Charles) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 8/25/2016 to edit docket text (SLU). |
| Filing 34 MOTION to Appoint Counsel of Colson Hicks Eidson as interim class counsel or to plaintiffs' steering committee by Maureen Trelease. (Miner, Curtis) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 8/25/2016 to edit docket text (SLU). |
| Filing 33 MOTION to Appoint Counsel of Interim Class Counsel and Incorporated Memorandum of Law by Mary Barbieri, Jim Bimonte, Judith Cabrera, Elizabeth Cetrulo, David Glickman, Stuart Kaplan, Rona Polovoy, Wilhelm Radauscher, Mary Ann Rodriguez, Robert Russell, Stacey Schwartz. (Attachments: #1 Exhibit A (Girard Declaration), #2 Exhibit B (Laufenberg Declaration), #3 Exhibit C (Gilbert Declaration), #4 Exhibit D (Gilman Declaration), #5 Exhibit E (Flowers Declaration), #6 Exhibit F (King Declaration), #7 Exhibit G (Lichtman Declaration), #8 Text of Proposed Order)(Gilbert, Robert) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 8/25/2016 to edit docket text (SLU). |
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Filing 32
OPINION AND ORDER adopting Report and Recommendation; granting in part and denying in part Motions to Consolidate; denying as moot all other pending motions with leave to re-file in the consolidated case within fourteen days of this Opinion and Order. The Clerk is directed to consolidate the cases as set forth in the Report and Recommendation. See Opinion and Order for details. Signed by Judge John E. Steele on 8/10/2016. (AMB)
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| Filing 31 REPORT AND RECOMMENDATION recommending that the Motions to Consolidate in Schwartz et al. v. 21st Century Oncology Holdings, Inc., Case No. 2:16-cv-00241-UA-MRM, (Doc. 7) and Russell v. 21st Century Oncology Holdings, Inc., Case No. 2:16-cv-00242-JES-MRM, (Doc. 7) be granted in part and denied in part; recommending that the related cases be consolidated for all pretrial proceedings; recommending that the related cases proceed under the first-filed related case - Case No. 2:16-cv-00210-UA-MRM; and recommending that the Court deny all other pending motions in the related cases as moot without prejudice to being re-filed in the consolidated case, No. 2:16-cv-00210-UA-MRM. See Report and Recommendation for further details. Signed by Magistrate Judge Mac R. McCoy on 7/21/2016. (JTM) |
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Filing 30
ORDER referring plaintiffs' Motions to Consolidate Cases and Motions for Appointment of Interim Class Counsel to the Honorable Mac R. McCoy. See Order for details. Signed by Judge John E. Steele on 5/16/2016. (AMB)
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Filing 29
ORDER granting #28 the Joint Motion to Reset Case Management and Other Imminent Deadlines Pending Consolidation of Related Cases and Appointment of Interim Class Counsel. The Court holds in abeyance all case management deadlines. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/13/2016. (JTM)
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| Filing 28 JOINT MOTION for miscellaneous relief, specifically to Reset Case Management and Other Imminent Deadlines Pending Consolidation of Related Cases and Appointment of Interim Class Counsel by 21st Century Oncology Holdings, Inc. and Stuart Kaplan. (Linscott, Jerry) Modified on 5/13/2016 to add filer and edit docket text (SLU). |
| Filing 27 NOTICE of Filing Notice of Updated Version of [Proposed] Order Appointing Interim Class Counsel by Robert C. Gilbert (Attachments: #1 Exhibit (Notice of Filing Updated Version of [Proposed] Order Appointing Interim Class Counsel))(Gilbert, Robert) Modified on 5/5/2016 to edit docket text (SLU). |
| Filing 26 NOTICE by Stuart Kaplan re #10 Notice (Other) of Filing Response (Attachments: #1 Main Document Response to Motion for Appointment of Interim Class Counsel)(Gilman, Kenneth) |
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Filing 25
ORDER granting #20 Plaintiff's Unopposed Motion for Extension of Time to Respond to Motion for Appointment of Interim Class Counsel. Plaintiff is granted an extension until April 29, 2016 to respond to the Motion for Appointment of Interim Class Counsel. The Court directs the Clerk of Court to add attorney Kenneth G. Gilman as a CM/ECF notice recipient in Case No. 2:16-cv-00219-UA-MRM, Polovoy v. 21st Century Oncology Holdings, Inc., using the email address kgilman@gilmanpastor.com. The Court directs the Clerk of Court to add attorney Robert C. Gilbert as a CM/ECF notice recipient in this case, Case No. 2:16-cv-210-FtM-99MRM, using the email address gilbert@kolawyers.com. The Court also directs the Clerk of Court to provide electronic notice of this Order to attorney Robert C. Gilbert at the same email address. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 4/25/2016. (JTM)
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| Filing 24 NOTICE of Defendant's Response to Motion to Consolidate re #6 Notice (Other) by 21st Century Oncology Holdings, Inc. (Attachments: #1 Exhibit)(Linscott, Jerry) Modified on 4/25/2016 to edit docket text (SLU). |
| Filing 23 Case Reassigned to Magistrate Judge Mac R. McCoy. New case number: 2:16-cv-210-FtM-99MRM. (SLU) |
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Filing 22
ORDER of recusal. Magistrate Judge Carol Mirando recused. This case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Carol Mirando on 4/20/2016. (LS) (LS).
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Filing 21
ORDER granting #16 Motion to Proceed Pro Hac Vice and Written Consent and Designation of Counsel; granting #17 Motion to Proceed Pro Hac Vice and Written Consent and Designation of Counsel. Signed by Magistrate Judge Carol Mirando on 4/20/2016.(LS)
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| Filing 20 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #10 Notice (Other) Motion for Appointment of Interim Class Counsel by Stuart Kaplan. (Gilman, Kenneth) Modified on 4/20/2016 to edit docket text (SLU). (Attorney filed copy in similar cases as Interested Party. Attorney directed to file in similar cases as a notice of filing with the correct case style and case number to assure clarity) Modified on 4/20/2016 (laf). |
| Filing 19 NOTICE canceling Preliminary Pretrial Conference hearing. (Judge Chappell recused) (WRW) |
| Filing 18 NOTICE of hearing: Preliminary Pretrial Conference set for 5/25/2016 at 10:30 AM in Ft. Myers Courtroom 6 B before Magistrate Judge Carol Mirando. (WRW) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Casie D. Collignon, appearing on behalf of 21st Century Oncology Holdings, Inc. (Filing fee $150 receipt number FTM009230.) Related document: #16 MOTION for Casie D. Collignon to appear pro hac vice. (SPB) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Paul G. Karlsgodt, appearing on behalf of 21st Century Oncology Holdings, Inc. (Filing fee $150 receipt number FTM009231.) Related document: #17 MOTION for Paul Karlsgodt to appear pro hac vice. (SPB) |
| Filing 17 MOTION for Paul Karlsgodt to appear pro hac vice and WRITTEN consent and designation of counsel by 21st Century Oncology Holdings, Inc.. (Attachments: #1 Exhibit A - Special Admission Attorney Certification)(Linscott, Jerry) Motions referred to Magistrate Judge Carol Mirando. Modified on 4/14/2016 to edit docket text (SLU). |
| Filing 16 MOTION for Casie D. Collignon to appear pro hac vice and WRITTEN consent and designation of counsel by 21st Century Oncology Holdings, Inc.. (Attachments: #1 Exhibit A - Special Admission Attorney Certification)(Linscott, Jerry) Motions referred to Magistrate Judge Carol Mirando. Modified on 4/14/2016 to edit docket text (SLU). |
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Filing 15
ENDORSED ORDER granting #13 Defendant's Unopposed Motion for Extension of Deadline to Answer or Otherwise Respond to Plaintiff's Complaint. For good cause shown and because the motion is unopposed, Defendant's deadline to respond to the complaint is stayed pending a resolution of the motion to consolidate and until the parties can submit proposed scheduling deadlines. Signed by Magistrate Judge Carol Mirando on 4/11/2016. (LS)
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Filing 14
ORDER of recusal. The Honorable Sheri Polster Chappell is hereby RECUSED from the instant case. The Clerk of the Court is directed to reassign the case to another United States District Judge. Signed by Judge Sheri Polster Chappell on 4/8/2016. (LMF)
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| Filing 13 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by 21st Century Oncology Holdings, Inc.. (Linscott, Jerry) Motions referred to Magistrate Judge Carol Mirando. Modified on 4/11/2016 to edit docket text (SLU). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by 21st Century Oncology Holdings, Inc.. (Linscott, Jerry) |
| Filing 11 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by 21st Century Oncology Holdings, Inc.. Related case(s): Yes (Linscott, Jerry) |
| Filing 10 NOTICE of Filing Motion for Appointment of Interim Class Counsel by Stuart Kaplan (Attachments: #1 Motion for Appointment of Interim Class Counsel)(Gilbert, Robert) Modified on 4/7/2016 to edit docket text (SLU). |
| Filing 9 Case reassigned to Judge Unassigned Judge. New case number: 2:16-cv-210-FtM-99CM. (laf) |
| Filing 8 POSSIBLE MDL case for MDL Information emailed to MDL Panel on 4/6/16, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Class Action Complaint, #2 Civil Docket) (SLU) |
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Filing 7
ORDER of recusal. The Honorable Sheri Polster Chappell is hereby RECUSED from the instant case. The Clerk of the Court is directed to reassign the case to another United States District Judge. Signed by Judge Sheri Polster Chappell on 4/5/2016. (LMF)
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| Filing 6 NOTICE of Filing Motion to Consolidate by Stuart Kaplan (Gilbert, Robert) Modified on 4/5/2016 to edit docket text (SLU). |
| Filing 5 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 4/4/2016. Signed by All Divisional Judges on 3/21/2016. (WRW) |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/4/2016. Signed by Judge Sheri Polster Chappell on 3/21/2016. (WRW)
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| Filing 3 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 3/18/2016. (SLU) |
| Filing 2 SUMMONS issued as to 21st Century Oncology Holdings, Inc.. (SLU) |
| Filing 1 CLASS ACTION COMPLAINT against 21st Century Oncology Holdings, Inc. with Jury Demand (Filing fee $400 receipt number FTM009082) filed by Stuart Kaplan. (Attachments: #1 Civil Cover Sheet)(RMT) |
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