Doe v. US Fertility, LLC et al
| Jane Doe and Jane Doe II |
| US Fertility, Fertility Centers of Illinois, S.C. and US Fertility LLC |
| BRITT DECKER, Patrisia Vela, Karen Logan, Lisa Cox, Raynard Stuckey, Kelly Jacobs, cristielly santana, Anne Strickland, Nikitia Hollingsworth Forest, Riley Fadness, Jane Doe 1, Doris Matthew, Laura Petersen, Heidi Schneider, Alex Vinsant, Tiffany Hitaffer, Paul Porta, Marla Vinsant and Samantha Stuckey |
| 8:2022cv01802 |
| July 21, 2022 |
| US District Court for the District of Maryland |
| Peter J Messitte |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 99 MOTION to Consolidate Cases by Jane Doe, Jane Doe II(Solberg, Patrick) |
| Filing 98 PAPERLESS ORDER granting #97 Motion to Appear Pro Hac Vice on behalf of Patrick J. Solberg. Directing attorney Patrick J. Solberg to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 8/5/2022. (mh4s, Deputy Clerk) |
| Filing 97 MOTION to Appear Pro Hac Vice for Patrick J. Solberg (Filing fee $100, receipt number AMDDC-10077171.) by Jane Doe 1, Jane Doe II(Ring, Stephen) |
| Filing 96 NOTICE of Appearance by Stephen Howard Ring on behalf of Jane Doe 1, Jane Doe II (Ring, Stephen) |
| Filing 95 Transfer Notification Letter to counsel. (c/em 7/29/2022 - mg3s, Deputy Clerk) |
| Filing 94 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-00579. Original file certified copy of transfer order and docket sheet received. |
| Filing 93 TRANSFERRED to the USDC Maryland the electronic record. (rc, ) |
| Filing 92 NOTICE by David Michael Berger of Change of Address (Berger, David) |
Filing 91
Order written by the Honorable Gary Feinerman on 7/6/2022. As Plaintiffs recognize (Doc. 82 at 2 n.2), the claims against Defendant US Fertility, LLC, in Counts I-IV of the second amended complaint #86 have been and remain dismissed with prejudice, and the only surviving claim against that defendant (Count VI) is brought under the Illinois Consumer Fraud and Deceptive Practices Act ("ICFA"). For the reasons and to the extent set forth below, Proposed Intervenors' motion to intervene and transfer #62 is granted in part and denied in part. Proposed Intervenors may intervene for the limited purpose of moving to transfer this case to the District of Maryland. Plaintiffs' remaining claim against Defendant US Fertility is severed from this suit under Civil Rule 21 and transferred to the District of Maryland under 28 U.S.C. 1404(a). The court is inclined to exercise its discretion under 28 U.S.C. 1367(c)(3) to relinquish its supplemental jurisdiction over Plaintiffs' claims against Defendant Fertility Centers of Illinois, S.C. ("FCI"), without prejudice to Plaintiffs re-filing them in Illinois state court. The parties are invited to address the 1367(c)(3) issue in a joint memorandum or separate memoranda filed by 7/20/2022. The status hearing set for 7/20/2022 #90 is stricken and re-set for 7/29/2022 at 9:30 a.m. Civil case transferred in part as to Plaintiffs' claim against Defendant US Fertility. Attorneys/Parties should appear for the 7/29/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.(jlj, )
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| Filing 90 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 6/30/2022 #85 is stricken and re-set for 7/20/2022 at 9:15 a.m. Attorneys/Parties should appear for the 7/20/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 89 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC (Sipchen, James) |
| Filing 88 MINUTE entry before the Honorable Gary Feinerman:Given the filing of Plaintiffs' renewed class certification motion #87 , Plaintiff's motion to certify class #46 is denied as moot.Mailed notice. (jlj, ) |
| Filing 87 MOTION by Plaintiffs Jane Doe, Jane Doe II to certify class -Second Amended "Damasco" Motion (Solberg, Patrick) |
| Filing 86 SECOND AMENDED complaint by Jane Doe, Jane Doe II against Fertility Centers of Illinois, S.C., US Fertility, LLC (Attachments: #1 Exhibit A - Notice Letter to Jane Doe I, #2 Exhibit B - Notice Letter to Jane Doe II)(Solberg, Patrick) |
| Filing 85 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 6/30/2022 at 9:30 a.m. For the reasons stated on the record, Plaintiff's amended motion for leave to file second amended complaint #82 is granted, with the understanding that all previously dismissed claims (other than the invasion of privacy claim against Defendant Fertility Centers of Illinois, S.C.) set forth for preservation purposes in the second amended complaint remain dismissed. Plaintiffs shall file their second amended complaint as a separate docket entry. Defendants shall file a responsive pleading by 6/27/2022. Attorneys/Parties should appear for the 6/30/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 84 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #83 is granted. The deadline for Defendants to file a responsive pleading is extended to 21 days after the court rules on Plaintiff's motion for leave to file a second amended complaint #82 .Mailed notice. (jlj, ) |
| Filing 83 MOTION by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC for extension of time to file answer to the Plaintiff's Amended Class Action Complaint and/or Second Amended Complaint (Sipchen, James) |
| Filing 82 MOTION by Plaintiff Jane Doe for leave to file (Amended Motion For Leave to File) (Attachments: #1 Exhibit 1)(Solberg, Patrick) |
| Filing 81 MINUTE entry before the Honorable Gary Feinerman: Status hearing held. For the reasons set forth on the record, Plaintiff's motion for leave of court to file Second Amended Complaint with additional plaintiff #80 is denied without prejudice. Plaintiff has leave to file a renewed motion for leave to file a Second Amended Complaint attaching the proposed amended complaint. The Court heard oral argument on proposed intervenors' motion to intervene and transfer case to the United States District Court for the District of Maryland #62 and that motion remains under advisement. Status hearing set for 6/6/2022 at 9:15 a.m. Attorneys/Parties should appear for the 6/6/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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 (cn). |
| Filing 80 MOTION by Plaintiff Jane Doe for leave to file Second Amended Complaint (Attachments: #1 Exhibit 1)(Solberg, Patrick) |
| Filing 79 MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 3/31/2022.Mailed notice.(jlj, ) |
| Filing 78 MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendants' motions to dismiss #19 #39 are granted in part and denied in part. Plaintiff has Article III standing to pursue her claims. Plaintiff's claims against Defendant US Fertility, LLC are dismissed, except for her ICFA claim. Plaintiff's invasion of privacy claim against Defendant Fertility Centers of Illinois, S.C. is dismissed as well. The dismissal of those claims is without prejudice, and Plaintiff has until 4/21/2022 to file a second amended complaint. If Plaintiff does not file a second amended complaint, the dismissal will convert automatically to a dismissal with prejudice, and Defendants shall answer the surviving portions of the amended complaint by 5/4/2022. If Plaintiff files a second amended complaint, Defendants shall file a responsive pleading by 5/11/2022, though Defendants should not again move to dismiss the claims that survived dismissal on grounds rejected in this opinion.Mailed notice. (jlj, ) |
| Filing 77 MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. The pending motions are taken under advisement. Status hearing held and continued to 4/27/2022 at 9:15 a.m. Attorneys/Parties should appear for the 4/27/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 76 ATTORNEY Appearance for Intervenor Parties Lisa Cox, Britt Decker, Jane Doe 1, Riley Fadness, Tiffany Hitaffer, Nikitia Hollingsworth Forest, Kelly Jacobs, Karen Logan, Doris Matthew, Laura Petersen, Paul Porta, Cristielly Santana, Heidi Schneider, Anne Strickland, Raynard Stuckey, Samantha Stuckey, Patrisia Vela, Alex Vinsant, Marla Vinsant by David Michael Berger (Berger, David) |
| Filing 75 REPLY by Lisa Cox, Britt Decker, Jane Doe, Jane Doe 1, Riley Fadness, Tiffany Hitaffer, Nikitia Hollingsworth Forest, Kelly Jacobs, Karen Logan, Doris Matthew, Laura Petersen, Paul Porta, Cristielly Santana, Heidi Schneider, Anne Strickland, Raynard Stuckey, Samantha Stuckey, Patrisia Vela, Alex Vinsant, Marla Vinsant to response in opposition to motion, #71 - Proposed Intervenors' Reply In Support of Motion to Intervene and Transfer (Zavareei, Hassan) |
| Filing 74 MINUTE entry before the Honorable Gary Feinerman:By agreement #73 , the status hearing set for 3/8/2022 #63 is stricken and re-set for 3/25/2022 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 73 STATUS Report - Joint by Jane Doe (Solberg, Patrick) |
| Filing 72 RESPONSE by Fertility Centers of Illinois, S.C., US Fertility, LLC to MOTION by Intervenor Parties Britt Decker, Patrisia Vela, Karen Logan, Lisa Cox, Raynard Stuckey, Kelly Jacobs, Cristielly Santana, Anne Strickland, Nikitia Hollingsworth Forest, Riley Fadness, Jane Doe 1, Doris Matthew, Laura Petersen, Heidi Schneider, #62 (Sipchen, James) |
| Filing 71 RESPONSE by Jane Doein Opposition to MOTION by Intervenor Parties Britt Decker, Patrisia Vela, Karen Logan, Lisa Cox, Raynard Stuckey, Kelly Jacobs, Cristielly Santana, Anne Strickland, Nikitia Hollingsworth Forest, Riley Fadness, Jane Doe 1, Doris Matthew, Laura Petersen, Heidi Schneider, #62 (Attachments: #1 Exhibit A - 2-26-21 email)(Solberg, Patrick) |
| Filing 70 ATTORNEY Appearance for Intervenor Parties Lisa Cox, Britt Decker, Jane Doe 1, Riley Fadness, Tiffany Hitaffer, Nikitia Hollingsworth Forest, Kelly Jacobs, Karen Logan, Doris Matthew, Laura Petersen, Paul Porta, Cristielly Santana, Heidi Schneider, Anne Strickland, Raynard Stuckey, Samantha Stuckey, Patrisia Vela, Alex Vinsant, Marla Vinsant by Gayle Meryl Blatt (Blatt, Gayle) |
| Filing 69 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #68 is granted. The deadline for moving to amend the pleadings and add new parties is extended to 3/4/2022.Mailed notice. (jlj, ) |
| Filing 68 MOTION by Plaintiff Jane Doe for extension of time to Move to Amend the Pleadings or Add New Parties (Unopposed) (Solberg, Patrick) |
| Filing 67 PROTECTIVE Order signed by the Honorable Gary Feinerman on 2/4/2022.Mailed notice.(jlj, ) |
| Filing 66 MINUTE entry before the Honorable Gary Feinerman:Motion for protective order #65 is granted. Enter agreed protective order.Mailed notice. (jlj, ) |
| Filing 65 MOTION by Plaintiff Jane Doe for protective order - Joint Motion (Solberg, Patrick) |
| Filing 64 MINUTE entry before the Honorable Gary Feinerman:Motion to intervene #62 is entered and continued to 3/25/2022 at 9:15 a.m. The current parties shall respond to the motion by 2/23/2022; Proposed Intervenors shall reply by 3/9/2022. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 63 MINUTE entry before the Honorable Gary Feinerman: By agreement #61 , the deadline to move to amend the pleadings or add new parties is extended to 2/22/2022, and the fact discovery deadline is extended to 8/31/2022. By agreement #61 , the status hearing set for 2/2/2022 #57 is stricken and re-set for 3/8/2022 at 9:15 a.m. By 3/1/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 9/13/2021 order #50 ; (4) whether all parties would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 3/8/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 62 MOTION by Intervenor Parties Britt Decker, Patrisia Vela, Karen Logan, Lisa Cox, Raynard Stuckey, Kelly Jacobs, Cristielly Santana, Anne Strickland, Nikitia Hollingsworth Forest, Riley Fadness, Jane Doe 1, Doris Matthew, Laura Petersen, Heidi Schneider, Alex Vinsant, Tiffany Hitaffer, Paul Porta, Marla Vinsant, Jane Doe, Samantha Stuckey to intervene and Transfer Case to the United States District Court for the District of Maryland (Attachments: #1 Memorandum of Law In Support of Proposed Intervenors' Motion To Intervene And Transfer Case)(Zavareei, Hassan) |
| Filing 61 STATUS Report (Joint) by Jane Doe (Solberg, Patrick) |
| Filing 60 Response to Defendants' Supplemental Authority by Jane Doe (Solberg, Patrick) |
| Filing 59 MINUTE entry before the Honorable Gary Feinerman: Plaintiff's motion for leave to file response #58 is granted. Plaintiff shall file her response as a separate docket entry. Mailed notice (cn). |
| Filing 58 MOTION by Plaintiff Jane Doe for leave to file Response to Defendants' Supplemental Authority (Attachments: #1 Exhibit A - Response to Supplemental Authority)(Solberg, Patrick) |
| Filing 57 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 12/20/2021 #54 is stricken and re-set for 2/2/2022 at 9:00 a.m. By 1/26/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 9/13/2021 order #50 ; (4) whether all parties would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 2/2/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 56 MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file supplemental authority in support of motion to dismiss #55 is granted. Mailed notice. (jlj, ) |
| Filing 55 MOTION by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC for leave to file Submit Supplemental Authority in Support of Motion to Dismiss (Sipchen, James) |
| Filing 54 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 11/10/2021 #50 is stricken and re-set for 12/20/2021 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 53 MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw as attorney #52 is granted. Attorney Quinn Patrick Donnelly terminated as counsel for Defendants.Mailed notice. (jlj, ) |
| Filing 52 MOTION by Attorney Quinn P. Donnelly to withdraw as attorney for Fertility Centers of Illinois, S.C., US Fertility, LLC. No party information provided (Donnelly, Quinn) |
| Filing 51 ATTORNEY Appearance for Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC by James Joseph Sipchen (Sipchen, James) |
| Filing 50 MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Status hearing set for 11/10/2021 at 9:15 a.m. Defendants' motions to dismiss #19 #39 are taken under advisement. Because the court anticipates that this case will survive dismissal in whole or in part, the following schedule is set. Rule 26(a)(1) disclosures shall be served by 11/1/2021. Written discovery requests shall be served by 1/15/2022. Fact discovery shall close 5/31/2022. Motions to amend the pleadings or add new parties shall be filed by 1/8/2022. Other deadlines will be set at a later date. Attorneys/Parties should appear for the 11/10/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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 (jlj, ) |
| Filing 49 MINUTE entry before the Honorable Gary Feinerman:The motion hearing set for 9/13/2021 at 9:00 a.m. #38 is re-set for 11:00 a.m. TIME CHANGE ONLY. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 48 REPLY by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC to motion to dismiss/lack of jurisdiction #39 , memorandum in support of motion #40 (Donnelly, Quinn) |
| Filing 47 MINUTE entry before the Honorable Gary Feinerman: Given the re-filing of Plaintiff's class certification motion #46 , motion to certify class #6 is denied as moot. See 9/3/2021 order #45 .Mailed notice. (jlj, ) |
| Filing 46 MOTION by Plaintiff Jane Doe to certify class "Damasco Motion" - Refiling pursuant to Court Order of 9/3/21 (Good, Ross) |
| Filing 45 MINUTE entry before the Honorable Gary Feinerman:At the outset of this case, and consistent with the procedure advised by Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), Plaintiff filed a protective motion for class certification #6 . The motion has not been briefed and of course is not ready for decision. Due to recordkeeping issues involving the Administrative Office of the U.S. Courts, the court asks Plaintiff to re-file her class certification motion by 9/10/2021. The re-filed motion will be deemed for all substantive purposes to have been filed on 2/3/2020, and this case will remain a putative class action. After Plaintiff re-files her class certification motion, the court will deny without prejudice the earlier motion.Mailed notice. (jlj, ) |
| Filing 44 CERTIFICATE of Service by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC Rule 26(a)(1) Disclosures (Donnelly, Quinn) |
| Filing 43 RESPONSE by Jane Doein Opposition to MOTION by Defendants US Fertility, LLC, Fertility Centers of Illinois, S.C. to dismiss for lack of jurisdiction and for failure to state a claim (AMENDED) #39 (Solberg, Patrick) |
| Filing 42 MINUTE entry before the Honorable Gary Feinerman: Rule 26(a)(1) disclosures shall be served by 9/2/2021. The rest of the schedule will be set, if necessary, after the 9/13/2021 motion hearing #38 . The status hearing set for 8/18/2021 #36 is stricken.Mailed notice. (jlj, ) |
| Filing 41 STATUS Report [JOINT] by Jane Doe (Good, Ross) |
| Filing 40 MEMORANDUM by Fertility Centers of Illinois, S.C., US Fertility, LLC in support of motion to dismiss/lack of jurisdiction #39 (Supplemental) (Donnelly, Quinn) |
| Filing 39 MOTION by Defendants US Fertility, LLC, Fertility Centers of Illinois, S.C. to dismiss for lack of jurisdiction and for failure to state a claim (AMENDED) (Donnelly, Quinn) |
| Filing 38 MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file #37 is granted. Defendants shall file their supplemental motion to dismiss and memorandum as separate docket entries. Plaintiff shall respond to Defendants' supplemental motion by 8/24/2021; Defendants shall reply by 9/9/2021. Motion hearing set for 9/13/2021 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 37 MOTION by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC for leave to file an Amended Motion to Dismiss and a Supplemental Memo of Law in Support (Attachments: #1 Exhibit Amended MTD and Supplemental Memo of Law in Support based on New Authority)(Donnelly, Quinn) |
| Filing 36 MINUTE entry before the Honorable Gary Feinerman:The court anticipates that Defendants' motion to dismiss #19 will be denied in whole or in part, and that the scope of discovery will be the same either way. Accordingly, the status hearing set for 7/19/2021 #33 is stricken and re-set for 8/18/2021 at 9:00 a.m. The parties shall file the initial joint status report by 8/11/2021. Attorneys/Parties should appear for the 8/18/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 35 MINUTE entry before the Honorable Gary Feinerman:Motion to transfer case #34 is denied without prejudice. The relief sought by Defendants in unwarranted given, among other things, Plaintiff's strong interest in proceeding in her home forum; the presence in this suit of an Illinois-based defendant; the fact that there is no certified class in the Maryland suits, let alone a certified class with Plaintiff as a member. Also, the first-to-file principle invoked by Defendants does not apply because Plaintiff is neither a plaintiff nor a defendant in any of the Maryland suits.Mailed notice. (jlj, ) |
| Filing 34 MOTION by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC to transfer case or in the alternative to stay and Memorandum of Law in Support Thereof (Donnelly, Quinn) |
| Filing 33 MINUTE entry before the Honorable Gary Feinerman:Motion hearing held and continued to 7/19/2021 at 9:30 a.m. Attorneys/Parties should appear for the 7/19/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 32 REPLY by Fertility Centers of Illinois, S.C., US Fertility, LLC to response in opposition to motion, #31 (Donnelly, Quinn) |
| Filing 31 RESPONSE by Jane Doein Opposition to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC #19 /Plaintiff's Response Memorandum In Opposition To Defendants' Motion To Dismiss (Solberg, Patrick) |
| Filing 30 MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file excess pages #28 is granted. Plaintiff may file an oversized response brief of no more than 18 pages. The motion hearing set for 4/27/2021 #28 is stricken.Mailed notice. (jlj, ) |
| Filing 29 NOTICE of Motion by Ross Michael Good for presentment of motion for leave to file excess pages #28 before Honorable Gary Feinerman on 4/27/2021 at 09:00 AM. (Good, Ross) |
| Filing 28 MOTION by Plaintiff Jane Doe for leave to file excess pages - UNOPPOSED (Good, Ross) |
| Filing 27 MINUTE entry before the Honorable Gary Feinerman:The status/motion hearing set for 5/27/2021 #26 is stricken and re-set for 5/24/2021 at 10:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 26 MINUTE entry before the Honorable Gary Feinerman:Motion to appear pro hac vice #23 is granted. By agreement #25 , Plaintiff shall respond to Defendants' motion to dismiss #19 by 4/30/2021; Defendants shall reply by 5/21/2021. By agreement #25 , the status hearing set for 4/12/2021 #7 and the motion hearing #22 are stricken and re-set for 5/27/2021 at 9:30 a.m. By agreement #25 , discovery is stayed pending resolution of the motion to dismiss. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 25 STATUS Report /JOINT INITIAL STATUS REPORT by Jane Doe (Good, Ross) |
| Filing 24 Designation of Local Counsel by Fertility Centers of Illinois, S.C., US Fertility, LLC (McCarron, Claudia) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18083936. (Attachments: #1 Certificate of Service)(McCarron, Claudia) |
| Filing 22 MINUTE entry before the Honorable Gary Feinerman:Hearing on motion to dismiss for failure to state a claim #19 set for 3/31/2021 #20 is stricken and re-set for 4/12/2021 at 9:00 a.m. In their joint status report, (1) Plaintiff shall indicate whether she has communicated with Defendant US Fertility, LLC or its counsel, and (2) Plaintiff and Defendant Fertility Centers of Illinois shall set forth their joint view or competing views as to whether discovery should proceed pending resolution of Defendant Fertility Centers of Illinois's motion to dismiss #19 . Attorneys/Parties should appear for the 4/12/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 21 MINUTE entry before the Honorable Gary Feinerman:Attorneys/Parties should appear for the 3/31/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 20 NOTICE of Motion by Quinn Patrick Donnelly for presentment of Motion to Dismiss for Failure to State a Claim #19 before Honorable Gary Feinerman on 3/31/2021 at 09:00 AM. (Donnelly, Quinn) |
| Filing 19 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fertility Centers of Illinois, S.C., US Fertility, LLC (Donnelly, Quinn) |
| Filing 18 Corporate Disclosure Statement by Fertility Centers of Illinois, S.C., US Fertility, LLC (Donnelly, Quinn) |
| Filing 17 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #15 is granted. The deadline for Defendant Fertility Centers of Illinois to file a responsive pleading is extended to 3/26/2021. The motion hearing set for 3/2/2021 #16 is stricken. Mailed notice. (jlj, ) |
| Filing 16 NOTICE of Motion by Quinn Patrick Donnelly for presentment of motion for extension of time to file answer #15 before Honorable Gary Feinerman on 3/2/2021 at 09:00 AM. (Donnelly, Quinn) |
| Filing 15 MOTION by Defendant Fertility Centers of Illinois, S.C. for extension of time to file answer regarding amended complaint #5 or otherwise plead UNOPPOSED (Donnelly, Quinn) |
| Filing 14 ATTORNEY Appearance for Defendant Fertility Centers of Illinois, S.C. by Quinn Patrick Donnelly (Donnelly, Quinn) |
| Filing 13 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #10 is granted. The deadline for Defendant US Fertility, LLC to file a responsive pleading is extended to 3/26/2021. Motion hearing set for 2/24/2021 #11 is stricken. Mailed notice. (jlj, ) |
| Filing 12 SUMMONS Returned Executed by JANE DOE as to Fertility Centers of Illinois, S.C. on 2/19/2021, answer due 3/12/2021. (Kelly, Ryan) |
| Filing 11 NOTICE of Motion by Quinn Patrick Donnelly for presentment of motion for extension of time to file answer #10 before Honorable Gary Feinerman on 2/24/2021 at 09:00 AM. (Donnelly, Quinn) |
| Filing 10 MOTION by Defendant US Fertility, LLC for extension of time to file answer regarding amended complaint #5 or otherwise plead - Unopposed (Donnelly, Quinn) |
| Filing 9 ATTORNEY Appearance for Defendant US Fertility, LLC by Quinn Patrick Donnelly (Donnelly, Quinn) |
| Filing 8 SUMMONS Returned Executed by JANE DOE as to US Fertility, LLC on 2/3/2021, answer due 2/24/2021. (Good, Ross) |
| Filing 7 MINUTE entry before the Honorable Gary Feinerman:Motion to certify class #2 is denied as moot. Initial status hearing set for 4/12/2021 at 9:00 a.m. The parties shall file the joint initial status report by 4/5/2021. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 6 MOTION by Plaintiff JANE DOE to certify class - First Amended "Damasco" Motion (Good, Ross) |
| Filing 5 FIRST AMENDED complaint by JANE DOE against Fertility Centers of Illinois, S.C., US Fertility (Attachments: #1 Exhibit A - Notice letter)(Good, Ross) |
| SUMMONS Issued as to Defendant US Fertility, LLC (jmk, ) |
| Filing 4 MINUTE entry before the Honorable Gary Feinerman:To properly plead CAFA jurisdiction, the complaint must plead, among other things, the citizenship of an individual plaintiff. The complaint does not plead Plaintiff's citizenship. By 2/16/2021, Plaintiff shall file a jurisdictional addendum alleging Plaintiff's citizenship.Mailed notice. (jlj, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff JANE DOE by Patrick J. Solberg (Solberg, Patrick) |
| SUMMONS Issued as to Defendant US Fertility (jmk, ) |
| SUMMONS Issued as to Defendant Fertility Centers of Illinois, S.C. (jmk, ) |
| Filing 2 MOTION by Plaintiff JANE DOE to certify class "Damasco Motion" (Good, Ross) |
| Filing 1 COMPLAINT -CLASS ACTION filed by JANE DOE; Jury Demand. Filing fee $ 402, receipt number 0752-17885649. (Attachments: #1 Exhibit A - Notice Letter, #2 Civil Cover Sheet)(Good, Ross) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (cp, ) |
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