Fowler v. Accreditation Commission for Education in Nursing, Inc.
| Christin Fowler |
| Accreditation Commission for Education in Nursing, Inc. |
| 1:2023cv03403 |
| August 1, 2023 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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Filing 5
ORDER: Because the Court finds that Dry and Fowler have sufficient commonality of law and fact and consolidation will not increase the risk of an unfair outcome, the motion to consolidate is GRANTED. The motion to appoint interim class counsel is DEFERRED. The Court hereby ORDERS the following: Related actions Dry v. Accreditation Commission for Education in Nursing, Inc., Civ. Action File No. 1:23-cv-03337-LMM (N.D. Ga.), and Fowler v. Accreditation Commission for Education in Nursing, Inc., Civ. Action File No. 1:23-cv-03403-LMM (N.D. Ga.), are consolidated before the undersigned pursuant to Rule 42(a) of the Federal Rules of Civil Procedure (hereafter the Consolidated Action). Any action subsequently filed in, transferred to, or removed to this Court that arises out of the same or similar operative facts as the Consolidated Action, shall be consolidated with the Consolidated Action for pre-trial purposes.1 As such, the parties are directed to notify the Court if they become aware of any future actions pending in this Court that they believe should be consolidated with the Consolidated Action. All papers filed in the Consolidated Action shall be filed under Civil Action No. 1:23-cv-03337-LMM and shall bear the following caption: (*see order for details*). The case file for the Consolidated Action will be maintained under Master File No. 1:23-cv-03337-LMM. When a pleading is intended to apply to all actions to which this Order applies, the words All Actions shall appear immediately after the words This Document Relates To: in the caption described above. When a pleading is not intended to apply to all actions, the docket number for each individual action to which the paper is intended to apply and the last name of the first-named plaintiff in said action shall appear immediately after the words This Document Relates To: in the caption identified above, for example, 1:23-cv-03403-LMM. By virtue of this Consolidated Order, Defendant is not required to respond to the complaint filed in each individual case; Defendant's response deadlines with respect to those complaints are STAYED. Plaintiffs in the Consolidated Action SHALL file a Consolidated Amended Complaint (CAC) within 30 days of the Order appointing interim class counsel, which will be entered at a later date. Defendant SHALL respond to the operative CAC within 45 days after it is filed. If Defendant files a motion directed to the CAC, Plaintiffs will have 45 days thereafter to file an opposition, and Defendant will then have 30 days to file a reply. Any counsel requesting to be named as interim class counsel shall file a motion requesting such appointment within 30 days of the entry of this Order. The Clerk is instructed to submit these motions to the undersigned, including the current pending Motion for Appointment of Interim Class Counsel, at the expiration of this deadline. Signed by Judge Leigh Martin May on 8/14/23. (jra)
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Filing 4
ORDER Transferring CASE. Case reassigned to Judge Leigh Martin May for all further proceedings. Judge Amy Totenberg no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-cv-3403-LMM. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Amy Totenberg on 8/14/2023. (dob)
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| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by Christin Fowler. (Evangelista, James) |
| Filing 2 Electronic Summons Issued as to Accreditation Commission for Education in Nursing, Inc.. (pdt) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Christin Fowler (Filing fee $402, receipt number AGANDC-12782313) (Attachments: #1 Exhibit 1 to Complaint (Breach Notice Ltr), #2 Civil Cover Sheet). (pdt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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| Plaintiff: Christin Fowler | |
| Represented By: | James M. Evangelista |
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| Defendant: Accreditation Commission for Education in Nursing, Inc. | |
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