SMITH v. APRIA HEALTHCARE LLC
| LISA SMITH and ELISA STROFFOLINO |
| APRIA HEALTHCARE LLC |
| SUZANNE CUYLE |
| 1:2023cv01003 |
| June 9, 2023 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| James Patrick Hanlon |
| Richard L Young |
| Personal Property: Other |
| 42 U.S.C. § 1396 - Tort Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER RESETTING TIME OF INITIAL PRETRIAL CONFERENCE - The Court, on its own motion, RESETS the TIME ONLY of the September 1, 2023 Initial Pretrial Conference to be 3:30 p.m. (Eastern), before Magistrate Judge Kellie M. Barr. The Court will contact counsel by separate email with the information to be used to participate in the conference. All other provisions of the Court's Scheduling Order at Dkt. #22 remain in effect. Signed by Magistrate Judge Kellie M. Barr on 8/3/2023. (JSR)
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Filing 23
ORDER granting #19 Motion to Intervene - The Court, having reviewed Ms. Cuyle's Motion to Intervene, now GRANTS that motion, (dkt. #19 ), such that Ms. Cuyle is allowed to intervene in this action for purposes of responding to the pending Motion to Appoint Counsel as Interim Class Counsel, (dkt. #13 ). Ms. Cuyle shall file any response to the Motion to Appoint Counsel as Interim Class Counsel by August 9, 2023, and Plaintiffs Lisa Smith and Elisa Stroffolino shall file any reply by August 18, 2023. In Ms. Cuyle's response brief and in Plaintiffs Lisa Smith and Elisa Stroffolino's reply brief, the Parties should address why the Court should appoint interim class counsel ahead of any decision on the pending motion to consolidate and/or ahead of any decision on whether or not class certification is appropriate in this action. Signed by Magistrate Judge Kellie M. Barr on 7/26/2023. (LBT)
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Filing 22
SCHEDULING ORDER: Zoom Initial Pretrial Conference set for 9/1/2023 11:00 AM (Eastern Time) before Magistrate Judge Kellie M. Barr. The Court will contact counsel by separate email with information to be used to participate in the conference. Read this entire order carefully; it sets out the Court's expectations for the conference.Who must attend the Initial Pretrial Conference ("IPTC"). Signed by Magistrate Judge Kellie M. Barr on 7/25/2023.(SWM)
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Filing 21
ORDER granting #20 Motion to Appear pro hac vice. Attorney Tyler James Bean for LISA SMITH and ELISA STROFFOLINO added. Signed by Magistrate Judge Kellie M. Barr on 7/17/2023. (SWM)
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| Filing 20 MOTION for Attorney(s) Tyler J. Bean to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7719317), filed by Plaintiffs LISA SMITH, ELISA STROFFOLINO. (Attachments: #1 Text of Proposed Order)(Bean, Tyler) |
| Filing 19 MOTION to Intervene to Respond to Motion for Appointment of Interim Class Counsel, filed by Intervenor SUZANNE CUYLE. (Attachments: #1 Text of Proposed Order)(Riley, William) |
| Filing 18 NOTICE of Appearance by Gregory A. Neibarger on behalf of Defendant APRIA HEALTHCARE LLC. (Neibarger, Gregory) |
| Filing 17 Rule 7.1 Disclosure Statement by APRIA HEALTHCARE LLC identifying Corporate Parent Apria Healthcare Group LLC for APRIA HEALTHCARE LLC.. (McCauley, John) |
| Filing 16 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant APRIA HEALTHCARE LLC. (McCauley, John) |
| Filing 15 NOTICE of Appearance by John F. McCauley on behalf of Defendant APRIA HEALTHCARE LLC. (McCauley, John) |
| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION to Appoint Counsel as Interim Class Counsel , filed by Plaintiffs LISA SMITH, ELISA STROFFOLINO. (Attachments: #1 Exhibit A - Milberg Firm Resume, #2 Exhibit B - Cohen & Malad Firm Resume, #3 Exhibit C -Siri & Gilstad Firm Resume, #4 Exhibit D - Barrack Firm Resume)(DeLaney, Kathleen) |
| Filing 13 MOTION to Appoint Counsel as Interim Class Counsel, filed by Plaintiffs LISA SMITH, ELISA STROFFOLINO. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 12 NOTICE of Reassignment of Case to Judge James Patrick Hanlon. District Judge Richard L Young is no longer assigned to this case. Please include the new case number, 1:23-cv-01003-JPH-KMB, on all future filings in this matter. (KAA) |
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Filing 11
ORDER REASSIGNING CASE - Clerk is directed to randomly reassign case and notify parties of newly assigned District Judge. Copy to plaintiff via US Mail. Signed by District Judge Richard L Young on 6/27/2023. (KAA) (Main Document 11 replaced on 6/27/2023) (KAA).
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| Filing 10 BRIEF/MEMORANDUM in Support re #9 MOTION to Consolidate Cases and Set Scheduling Deadlines , filed by Plaintiffs LISA SMITH, ELISA STROFFOLINO. (DeLaney, Kathleen) |
| Filing 9 MOTION to Consolidate Cases and Set Scheduling Deadlines, filed by Plaintiffs LISA SMITH, ELISA STROFFOLINO. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 8 RETURN of Personal Service, filed by All Plaintiffs. APRIA HEALTHCARE LLC served on 6/12/2023. (DeLaney, Kathleen) |
| Filing 7 Rule 7.1 Disclosure Statement by LISA SMITH, ELISA STROFFOLINO. (DeLaney, Kathleen) |
| Filing 6 AMENDED COMPLAINT and Demand for Jury Trial against APRIA HEALTHCARE LLC, filed by All Plaintiffs.(DeLaney, Kathleen) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 4 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JRB) |
| Filing 3 Summons Issued as to APRIA HEALTHCARE LLC. (JRB) |
| Filing 2 NOTICE of Appearance by Kathleen Ann DeLaney on behalf of Plaintiff LISA SMITH. (DeLaney, Kathleen) |
| Filing 1 COMPLAINT (Class Action) and Jury Demand against APRIA HEALTHCARE LLC, filed by LISA SMITH. (Filing fee $402, receipt number AINSDC-7671026) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(DeLaney, Kathleen) |
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