Kurowski et al v. Rush System for Health
| Marguerite Kurowski and Brenda McClendon |
| Rush System for Health d/b/a Rush University System for Health and Rush System for Health doing business as Rush University System for Health |
| 1:2022cv05380 |
| September 30, 2022 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Personal Property: Other |
| 28 U.S.C. § 1331 Federal Question |
| Both |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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Filing 77
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic hearing set for 11/9/2023 is vacated and reset to 12/12/2023 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 76
NOTICE by Rush System for Health re response in opposition to motion #73 Supplemental authority (Attachments: #1 Exhibit A - Doe I v. Google LLC)(Carney, David)
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Filing 75
MINUTE entry before the Honorable Matthew F. Kennelly: The Court tables defendant's motion for judgment on the pleadings #74 until after it rules on plaintiffs' motion for leave to file a second amended complaint #67 . The telephonic hearing set for 10/19/2023 is vacated and reset to 11/9/2023 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 74
MOTION by Defendant Rush System for Health for judgment on the pleadings (Carney, David)
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Filing 73
RESPONSE by Rush System for Healthin Opposition to MOTION by Plaintiffs Marguerite Kurowski, Brenda McClendon for leave to file proposed Second Amended Complaint #67 (Carney, David)
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Filing 72
Plaintiffs' Notice of Supplemental Authority by Marguerite Kurowski, Brenda McClendon (Attachments: #1 Exhibit 1 - Doe, et al. v. Boston Med. Center Corp., #2 Exhibit 2 - Doe v. The Children's Hosp. Corp., #3 Exhibit 3 - Yockey v. Salesforce, Inc., #4 Exhibit 4 - Stake v. Knox Cmty. Hosp., #5 Exhibit 5 - Cyr v. Orlando Health, Inc., #6 Exhibit 6 - Bustos v. Riverside Med. Clinic)(Rhodes, Corban)
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Filing 71
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file under seal #68 is granted. Plaintiffs must file a complete version of their complaint under seal and a redacted version in the public record. The telephonic status hearing set for 9/26/2023 is vacated. Response to motion for leave to file second amended complaint #67 is to be filed by 10/10/2023. No reply may be filed unless requested by the Court. Telephonic hearing is set for 10/19/2023 at 9:00 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 70
SEALED DOCUMENT by Plaintiffs Marguerite Kurowski, Brenda McClendon Redline of proposed Second Amended Complaint (Rhodes, Corban)
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Filing 69
SEALED DOCUMENT by Plaintiffs Marguerite Kurowski, Brenda McClendon proposed Second Amended Complaint (Rhodes, Corban)
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Filing 68
MOTION by Plaintiffs Marguerite Kurowski, Brenda McClendon to seal Exhibits to Motion for Leave to Amend Complaint (Rhodes, Corban)
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Filing 67
MOTION by Plaintiffs Marguerite Kurowski, Brenda McClendon for leave to file proposed Second Amended Complaint (Attachments: #1 Exhibit Exhibit A - Redacted Proposed Second Amended Complaint, #2 Exhibit Exhibit B - Redacted Redline of Proposed Second Amended Complaint Against FAC, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Rhodes, Corban)
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Filing 66
MINUTE entry before the Honorable Matthew F. Kennelly: The motion for extension of the discovery and pretrial schedule #65 is granted, in part. The parties have not justified what amounts to a 4.5 month extension of the overall schedule. The Court extends the deadlines as follows and advises that the parties should treat this as the final extension, barring unforeseeable circumstances. The deadline for any motion for a further amendment of the complaint is 9/22/2023. The Court will determine whether to set a briefing schedule after it sees any such motion, and if it does so the schedule will be significantly shorter than the one the parties suggest. Document production is to be substantially complete by 11/30/2023. Fact discovery is to be completed by 1/16/2024. Rule 26(a)(2) disclosures are due 2/13/2024 for plaintiffs and 3/12/2024 for defendant. The deadline for completing expert depositions is 4/23/2024. The deadline for filing any motion for class certification is 5/21/2024; response is due 6/18/2024; reply is due 7/2/2024. The deadline for filing dispositive motions is 9/30/2024. The telephonic status hearing set for 8/30/2023 is vacated and reset to 9/26/2023 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 65
MOTION by Defendant Rush System for Health for extension of time Joint motion to extend scheduling deadlines (Carney, David)
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Filing 64
MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry #63 which contained a typographical error. The Court has reviewed the parties' joint status report. The report is relatively vague regarding the progress of discovery to date. And the parties seek an extension of all current deadlines by about 4.5 months. The Court notes that it did not stay discovery while the motion to amend the complaint was pending. At this point the parties have not justified an extension of the schedule. The telephonic status hearing set for 8/23/2023 is vacated and reset to 8/30/2023 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. Any motion to extend the discovery and pretrial schedule must be filed by 8/23/2023. Mailed notice. (mma, )
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Filing 63
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The report is relatively vague regarding the progress of discovery to date. And the parties seek an extension of all current deadlines by about 4.5 months. The Court notes that it did not stay discovery while the motion to amend the complaint was pending. At this point the parties have not justified an extension of the schedule. The telephonic status hearing set for 8/23/2023 is vacated and reset to 8/40/2023 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. Any motion to extend the discovery and pretrial schedule must be filed by 8/23/2023. (mk)
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Filing 62
STATUS Report Parties' Joint Status Report by Marguerite Kurowski, Brenda McClendon (Rhodes, Corban)
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Filing 61
ANSWER to amended complaint by Rush System for Health(Carney, David)
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Filing 60
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 7/24/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendant's motion to dismiss [dkt. no. 49] as to counts one, two, three, four, five, six, seven, nine, and ten of the complaint but denies the motion as to counts eight and eleven. Plaintiffs' motion for oral argument #57 is denied, because the Court determined that the briefs sufficiently addressed the relevant issues and that oral argument was not needed. Defendant is directed to answer the remaining claims by no later than August 14, 2023. A telephonic status hearing is set for August 23, 2023 at 8:50 a.m., using call-in number 888-684-8852, access code 746-1053. A joint status report concerning the status of discovery and any settlement discussions is to be filed on August 16, 2023. (mk)
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Filing 59
RESPONSE by Plaintiffs Marguerite Kurowski, Brenda McClendon to notice of filing #58 (Rhodes, Corban)
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Filing 58
NOTICE by Rush System for Health Supplemental Authority - Dinerstein (Attachments: #1 Exhibit A - Dinerstein v, Google)(Carney, David)
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Filing 57
Plaintiffs' Motion For Oral Argument by Marguerite Kurowski, Brenda McClendon (Barnes, Jay)
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Filing 56
RESPONSE by Defendant Rush System for Health to sur-reply #55 (Carney, David)
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Filing 55
SUR-REPLY by Plaintiffs Marguerite Kurowski, Brenda McClendon to reply #52 (Attachments: #1 Text of Proposed Order)(Barnes, Jay)
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Filing 54
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 6/13/2023. Plaintiff's motion to file a sur-reply #53 is granted. Plaintiff's counsel is directed to file the sur-reply as a separate docket entry. The defendant has until 6/20/2023 to file a response to the sur-reply. The response cannot be more than 2 pages. The Court will set a further status hearing after it issues a ruling on the motion to dismiss. Mailed notice. (mma, )
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Filing 53
MOTION by Plaintiffs Marguerite Kurowski, Brenda McClendon for leave to file Their Sur-Reply in Further Opposition to Defendant's Renewed Motion to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barnes, Jay)
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Filing 52
REPLY by Defendant Rush System for Health to response in opposition to motion #51 (Carney, David)
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Filing 51
RESPONSE by Marguerite Kurowski, Brenda McClendonin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Rush System for Health Amended Complaint #49 (Rhodes, Corban)
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Filing 50
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Rush System for Health Memorandum in Support (Attachments: #1 Exhibit A - MyChart Terms & Conditions, #2 Exhibit B - Dominion Hearing Transcript)(Carney, David)
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Filing 49
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Rush System for Health Amended Complaint (Carney, David)
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Filing 48
MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion for additional pages #47 is granted. Defendant's opening motion to dismiss brief and plaintiffs' response brief may each be up to 20 pages long. Defendant's reply brief is limited to 15 pages. (mk)
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Filing 47
MOTION by Defendant Rush System for Health for leave to file excess pages Joint Motion for Additional Pages (Carney, David)
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Filing 46
FIRST AMENDED complaint by Marguerite Kurowski, Brenda McClendon against Rush System for Health (Rhodes, Corban)
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Filing 45
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs should now file their amended complaint as a separate docket entry. (mk)
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Filing 44
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motions hearings held on 4/10/2023. Oral ruling made on the plaintiff's motion to reconsider. Plaintiffs' motion to reconsider #36 is denied as to the reasons stated more fully on the record. Plaintiffs' motion for leave to file #37 is granted. Defendant has until 4/28/2023 to file a motion to dismiss. Plaintiff's response is due 5/19/2023; defendant's reply is due 6/2/2023. A telephonic status hearing is set for 6/13/2023 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. (mma, )
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Filing 43
RESPONSE by Rush System for Healthin Opposition to MOTION by Plaintiffs Marguerite Kurowski, Brenda McClendon for leave to file First Amended Complaint #37 (Carney, David)
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Filing 42
AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 4/7/2023. (mk)
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Filing 41
STIPULATION AND ORDER ESTABLISHING PROTOCOL FOR THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Joint motion for entry of protective order and discovery ESI protocol #40 is granted. (mk)
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Filing 40
MOTION by Defendant Rush System for Health for protective order Joint Motion (Attachments: #1 Exhibit A - Proposed Agreed Protective Order, #2 Exhibit B - Proposed Discovery ESI Protocol)(Carney, David)
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Filing 39
STATUS Report Parties' Joint Status Report by Rush System for Health (Carney, David)
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Filing 38
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion for leave to file amended complaint #37 is to be filed by 4/7/2023. Telephonic motion Hearing set for 4/10/2023 at 9:05 AM in connection with the telephonic status hearing set for that date. (mk)
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Filing 37
MOTION by Plaintiffs Marguerite Kurowski, Brenda McClendon for leave to file First Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Rhodes, Corban)
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Filing 36
MOTION by Plaintiffs Marguerite Kurowski, Brenda McClendon for reconsideration regarding Order on Motion to Dismiss for Failure to State a Claim,,, memorandum opinion and order,,, terminate motions,,, set/reset hearings,, #31 (Rhodes, Corban)
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Filing 35
ANSWER to Complaint by Rush System for Health(Carney, David)
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Filing 34
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 4/3/2023. Deadline for submitting proposed ESI protocol and protective order is 4/2/2023. Deadline for completing written discovery is 8/1/2023. Rule 26(a)(2) disclosures are to be made by plaintiffs by 11/1/2023 and by defendants by 12/1/1023. Plaintiff's rebuttal disclosures, if any, are to be made by 1/5/2024. Expert depositions are to be completed by 2/5/2024. Deadline for filing motion for class certification is 2/28/2024; response is due 4/15/2024; reply to response is due 5/6/2024. Deadline for filing dispositive motions is 6/5/2024. Joint status report remains due on 4/3/2023, and status hearing remains set for 4/10/2023 as previously ordered. (mk)
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Filing 33
STATUS Report Joint Report March 9 2023 by Marguerite Kurowski, Brenda McClendon (Rhodes, Corban)
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Filing 32
MINUTE entry before the Honorable Matthew F. Kennelly: Prior to the status report due on 4/3/2023, the parties are to confer regarding a discovery and pretrial schedule and file on 3/9/2023 a joint status report with a proposed schedule. (mk)
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Filing 31
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/3/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendant's motion to dismiss #20 as to counts one, two, three, and five of the complaint but denies the motion as to count four. Defendant is directed to answer count four by no later than March 24, 2023. A telephonic status hearing is set for April 10, 2023 at 9:05 a.m., using call-in number 888-684-8852, access code 746-1053. A joint status report concerning the status of discovery and any settlement discussions is to be filed on April 3, 2023. (mk)
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Filing 30
MINUTE entry before the Honorable Matthew F. Kennelly: The video oral argument set for 2/14/2023 is hereby vacated and will be reset to a later date if deemed necessary by the Court. (mk)
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Filing 29
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/13/2023. Video oral argument on the motion to dismiss #20 is set for 2/14/2023 at 10:00 a.m. The hearing will be held by video and the video invitation will be sent out a few days in advance of the hearing. One attorney from each side is directed to send an email address to Judge Kennelly's courtroom deputy clerk for the video invitation. Mailed notice. (mma, )
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Filing 28
REPLY by Rush System for Health to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Rush System for Health #20 (Carney, David)
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Filing 27
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 26
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Jay O Barnes (Barnes, Jay)
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Filing 25
RESPONSE by Marguerite Kurowski, Brenda McClendonin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Rush System for Health #20 (Attachments: #1 Exhibit 1 - Virginia Mason Order, #2 Exhibit 2 - MedStar Order, #3 Exhibit 3 - Univ. Hosps. Nov. 16, 2020 Order, #4 Exhibit 4 - Univ. Hosps. June 28, 2021 Order, #5 Exhibit 5 - Sutter Motion for Judgment on the Pleadings, #6 Exhibit 6 - Mercy Order, #7 Exhibit 7 - Partners Order)(Rhodes, Corban)
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Filing 24
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Jennifer Marie Paulson (Paulson, Jennifer)
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Filing 23
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/29/2022. Plaintiffs' response to the motion to dismiss #20 is to be filed by 12/16/2022; reply is due 1/6/2023. A telephonic status and possible ruling on the motion hearings are set for 1/13/2023 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. (mma, )
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Filing 22
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Eric S. Johnson (Johnson, Eric)
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Filing 21
MEMORANDUM by Rush System for Health in support of Motion to Dismiss for Failure to State a Claim #20 (Attachments: #1 Exhibit A - Notice of Privacy Practices, #2 Exhibit B - Website Privacy Statement)(Carney, David)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Rush System for Health (Carney, David)
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Filing 19
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion for leave to file a 20-page motion to dismiss opening brief #17 is granted, as is plaintiffs' request to file a 20-page response brief. The Court will not order a response or set a briefing schedule until it sees the motion to dismiss and supporting brief. The telephonic status hearing set for 9/40 AM on 11/29/2022 is advanced to 9:15 AM on that date, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 18
STATUS Report Parties' Joint Status Report by Rush System for Health (Carney, David)
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Filing 17
MOTION by Defendant Rush System for Health for leave to file excess pages Joint Motion for Additional Pages (DelGobbo, Bonnie)
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Filing 16
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Corban Rhodes (Rhodes, Corban)
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Filing 15
ATTORNEY Appearance for Defendant Rush System for Health by David A. Carney (Carney, David)
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Filing 14
MINUTE entry before the Honorable Matthew F. Kennelly: Initial telephonic status set for 11/29/2022 at 9:40 AM. (mk)
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Filing 13
MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 11/22/2022, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 11/29/2022 at 9:40 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk)
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Filing 12
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's unopposed motion for extension of time #11 is granted; response to complaint is to be filed by 11/23/2022. (mk)
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Filing 11
MOTION by Defendant Rush System for Health for extension of time Unopposed Motion to Extend Responsive Pleading Deadline (DelGobbo, Bonnie)
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Filing 10
ATTORNEY Appearance for Defendant Rush System for Health by Bonnie Keane DelGobbo (DelGobbo, Bonnie)
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Filing 9
SUMMONS Returned Executed by Marguerite Kurowski, Brenda McClendon as to Rush System for Health on 10/5/2022, answer due 10/26/2022. (Keller, Amy)
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Filing 8
MINUTE entry before the Honorable Matthew F. Kennelly: Motion of David Straite to appear pro hac vice #7 is granted. (mk)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19908192. (Attachments: #1 Certificate of Good Standing)(David, Straite)
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SUMMONS Issued as to Defendant Rush System for Health (kra, )
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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. (emc, )
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (emc, )
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Filing 6
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Adam J. Levitt (Levitt, Adam)
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Filing 5
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Sharon Denise Cruz (Cruz, Sharon)
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Filing 4
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Nada Djordjevic (Djordjevic, Nada)
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Filing 3
ATTORNEY Appearance for Plaintiffs Marguerite Kurowski, Brenda McClendon by Amy Elisabeth Keller (Keller, Amy)
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Filing 2
CIVIL Cover Sheet (Keller, Amy)
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Filing 1
COMPLAINT filed by Marguerite Kurowski, Brenda McClendon; Jury Demand. Filing fee $ 402, receipt number AILNDC-19899806.(Keller, Amy)
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