DEPINTO v. APRIA HEALTHCARE LLC
| LEONARDO DEPINTO |
| APRIA HEALTHCARE LLC |
| 1:2023cv01056 |
| June 17, 2023 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| James Patrick Hanlon |
| Tanya Walton Pratt |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 13
CLOSED DISMISSED - Case closed per consolidation order, see lead case 1:23-cv-01003-JPH-KMB. Signed by Judge James Patrick Hanlon on 9/25/2023.(KAA)
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Filing 12
ENTRY FROM INITIAL PRETRIAL CONFERENCE AND ORDER ON PLAINTIFFS' MOTION TO CONSOLIDATE ACTIONS AND SET SCHEDULING DEADLINES - Initial Pretrial Conference held on 9/1/2023. The Parties discussed case status and Plaintiffs' pending Motion to Consolidate Actions and Set Scheduling Deadlines, [dkt. 9 ], which the Court GRANTS IN PART. The Clerk is DIRECTED to CONSOLIDATE the following cases into Smith (Case No. 1:23-cv-01003-JPH-KMB), which will be the master case: May et al. v. Apria Healthcare LLC, No. 1:23-cv-01072-JPH-KMB; Hohenberry v. Apria Healthcare LLC, No. 1:23-cv-01074-JPH-KMB; Thomas v. Apria Healthcare, LLC, No. 1:23-cv-01096-JPH-KMB; Cuyle v. Apria Healthcare, LLC, No. 1:23-cv-01042-JPH-KMB; Herrera v. Apria Healthcare LLC, No. 1:23-cv-01031-JPH-KMB; Depinto v. Apria Healthcare LLC, No. 1:23-cv-01056-JPH-KMB; Humphries et al. v. Apria Healthcare, LLC, No. 1:23-cv-01147-JPH-KMB; Kramer v. Apria Healthcare, LLC, No. 1:23-cv-01066-JPH-KMB; Boyd v. Apria Healthcare LLC, No. 1:23-cv-01085-JPH-KMB; Curry v. Apria Healthcare, LLC, No. 1:23-cv-01153-JPH-KMB; B.B. v. Apria Healthcare Group, LLC, No. 1:23-cv-01187-JPH-KMB; Rabinovich v. Apria Healthcare, LLC, No. 1:23-cv-01205-JPH-KMB; Bobbitt v. Apria Healthcare LLC, No. 1:23-cv-01166-JPH-KMB. The Clerk is DIRECTED to docket this Order in the above-listed cases as well as in Smith (Case No. 1:23-cv-01003-JPH-KMB) and to distribute it via the Court's electronic filing system to all counsel of record in all listed cases. Upon consolidation, and with the consent of the Parties who participated in the conference by counsel, the undersigned Magistrate Judge RECOMMENDS to the District Judge that all cases referenced above other than Smith (Case No. 1:23-cv-01003-JPH-KMB) be administratively closed after the consolidation has occurred. The Court declines to follow the timing proposed by the Smith counsel but GRANTS IN PART the request such that Plaintiffs are ORDERED to file an amended complaint in the consolidated action within forty-five (45) days of the date of this Order, and Defendant shall file an answer or otherwise respond to that amended complaint within thirty (30) days of the filing of that amended complaint. The Motion to Appoint Interim Counsel in Smith is now fully briefed and will be ruled upon by the District Judge in due course. [Dkts. 13; 25; 26.] Until that motion is ruled upon, the Court encourages all Plaintiffs' counsel to continue to work together to the best of their ability. Zoom Status Conference set for 10/5/2023 at 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. See Entry for details. Signed by Magistrate Judge Kellie M. Barr on 9/6/2023.(LBT)
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| Filing 11 WAIVER OF SERVICE Returned Executed, filed by LEONARDO DEPINTO. APRIA HEALTHCARE LLC waiver sent on 7/25/2023. (Klinger, Gary) |
| Filing 10 NOTICE of Appearance by Steven Sukert on behalf of Plaintiff LEONARDO DEPINTO. (Sukert, Steven) |
| Filing 9 NOTICE of Reassignment of Case to Judge James Patrick Hanlon. Judge Tanya Walton Pratt is no longer assigned to this case. Please include the new case number, 1:23-cv-1056-JPH-KMB, on all future filings in this matter. (DJH) |
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Filing 8
ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge James P. Hanlon for all further proceedings. This case is related to 1:23-cv-01003-JPH-KMB. Judge Tanya Walton Pratt no longer assigned to case. Signed by Judge Tanya Walton Pratt on 6/30/2023. (TRG)
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| Filing 7 Rule 7.1 Disclosure Statement by LEONARDO DEPINTO. (Klinger, Gary) |
| Filing 6 Summons Issued as to APRIA HEALTHCARE LLC. (LF) |
| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) |
| Filing 3 NOTICE of Appearance by Jeffrey M. Ostrow on behalf of Plaintiff LEONARDO DEPINTO. (Ostrow, Jeffrey) |
| Filing 2 NOTICE of Filing of Motion to Consolidate Actions and Set Scheduling Deadlines by LEONARDO DEPINTO (Klinger, Gary) |
| Filing 1 COMPLAINT Class Action Complaint against APRIA HEALTHCARE LLC, filed by LEONARDO DEPINTO. (Filing fee $402, receipt number AINSDC-7681366) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Klinger, Gary) |
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| Plaintiff: LEONARDO DEPINTO | |
| Represented By: | Gary M. Klinger |
| Represented By: | Jeffrey M. Ostrow |
| Represented By: | Steven Sukert |
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| Defendant: APRIA HEALTHCARE LLC | |
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