Torres v. BayState Health Inc.
| Aleyda Torres |
| BayState Health Inc. |
| 3:2019cv30049 |
| April 11, 2019 |
| US District Court for the District of Massachusetts |
| Katherine A Robertson |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 NOTICE of Voluntary Dismissal by All Plaintiffs (Chrisanthopoulos, Kevin) |
| Filing 43 NOTICE of Voluntary Dismissal by All Plaintiffs (Chrisanthopoulos, Kevin) |
| Filing 42 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 41 Transcript of Motion to Dismiss held on January 30, 2020, before Magistrate Judge Katherine A. Robertson. The Transcript may be purchased through Judy Bond at judy@bondcourtreporting.com, viewed at the public terminal, or viewed through PACER after it is released. No Reporter Used. Digital Recording transcribed by Judy Bond. Redaction Request due 3/17/2020. Redacted Transcript Deadline set for 3/27/2020. Release of Transcript Restriction set for 5/26/2020. (Scalfani, Deborah) |
| Filing 40 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered finding as moot the defendant's #11 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim in light of the amended complaint filed as docket entry 27, and the defendant's motion to dismiss the amended complaint at docket number 33. (Robertson, Katherine) |
| Filing 39 Motions Taken Under Advisement: #33 MOTION to Dismiss. (Rivera, Melissa) |
| Filing 38 Electronic Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Motion Hearing held on 1/30/2020 re #33 MOTION to Dismiss. Attorneys Present: Kevin Chrisanthopoulos, Daniel S. Marvin and Tory A. Weigand. Colloquy held with counsel regarding subject matter jurisdiction. The parties are to file briefs, as discussed in open court, by no later than 2/28/2020. Arguments heard on the pending motion. This matter is taken under advisement. Order to issue. (Court Reporter: Digital Recording. To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Rivera, Melissa) |
| Filing 37 REPLY to Response to #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Re: Amended Complaint filed by BayState Health Inc.. (Marvin, Daniel) |
| Filing 36 Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Re: Amended Complaint filed by Aleyda Torres. (Chrisanthopoulos, Kevin) |
| Filing 35 Notice of correction to docket made by Court staff. The motion to dismiss (Dkt. No. #33 ) has been edited because the memo in support was incorrectly filed as an attachment to the motion. The memorandum in support is not an acceptable attachment, The CM/ECF procedures require that the memo in support must be docketed separately and identified accordingly with a separate docket number, the memorandum have been removed and re-docketed separately. See (Dkt. No. #34 ) (Lindsay, Maurice) |
| Filing 34 MEMORANDUM in Support of Defendant's #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Re: Amended Complaint filed by BayState Health Inc. (Lindsay, Maurice) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction Re: Amended Complaint ( Responses due by 12/9/2019) by BayState Health Inc.. (Attachments: #1 Memorandum of Points and Authorities)(Marvin, Daniel) |
| Filing 32 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting for the reasons stated in court #28 Plaintiff's Motion for Leave to Proceed with Amended Complaint and Memorandum of Law in Support of Plaintiff's Motion. (Robertson, Katherine) |
| Filing 31 Electronic Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Motion Hearing held on 10/17/2019 re Plaintiff's #28 MOTION for Leave to Proceed with #27 Amended Complaint. Attorneys Present: Kevin Chrisanthopoulos, Daniel S. Marvin and Tory A. Weigand. Counsel heard on the Motion. Plaintiff's Motion was ALLOWED, for the reasons stated in open court. Counsel using the Electronic Case Filing System should now file the Amended Complaint in accordance with the CM/ECF Administrative Procedures. Defendant's Motion to Dismiss the Amended Complaint will be filed by no later than 11/25/2019; the Opposition shall be filed by 1/3/2020; and the Reply, if any, shall be filed by no later than 1/17/2020. A Motion Hearing is set for 1/30/2020 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. (Court Reporter: Digital Recording. To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Rivera, Melissa) |
| Filing 30 MEMORANDUM in Opposition re #28 MOTION to Amend #27 Amended Complaint, #1 Complaint filed by BayState Health Inc.. (Marvin, Daniel) |
| Filing 29 ELECTRONIC NOTICE Setting Hearing on Plaintiff's #28 MOTION for Leave to Proceed with #27 Amended Complaint ISSUED: Motion Hearing set for 10/17/2019 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. The motion hearing on Defendant's motion to dismiss is converted to a motion hearing on Plaintiff's motion seeking leave to proceed with the amended complaint. Defendant's opposition, if any, shall be filed on or before the close of business on 10/15/2019. (Rivera, Melissa) |
| Filing 28 MOTION to Amend #27 Amended Complaint, #1 Complaint by Aleyda Torres.(Chrisanthopoulos, Kevin) |
| Filing 27 AMENDED COMPLAINT against BayState Health Inc., filed by Aleyda Torres.(Chrisanthopoulos, Kevin) |
| Filing 26 REPLY to Response to #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BayState Health Inc.. (Marvin, Daniel) |
| Filing 25 Set/Reset Deadlines as to #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Motion Hearing reset to 10/17/2019 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. (Finn, Mary) |
| Filing 24 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting the Defendant's Assented to #23 Motion to Continue the 10/10/2019 Hearing on the Defendant's Motion to Dismiss. Motion to Dismiss Hearing continued to 10/17/2019 at 11:00 A.M. (Finn, Mary) |
| Filing 23 Consent MOTION to Continue Oral Argument to October 17, 2019 by BayState Health Inc..(Marvin, Daniel) |
| Filing 22 Set/Reset Deadlines as to #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Defendant's Reply Brief due by 8/23/2019. Plaintiff's Sur-reply Brief, if any, due by 9/13/2019. Motion Hearing reset to 10/10/2019 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. (Finn, Mary) |
| Filing 21 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting the Defendant's Assented to #20 Motion for Leave to File a Reply Brief and for the Plaintiff to file a Sur-reply Brief re: [11[ MOTION to Dismiss; granting #20 Motion to Continue the 8/27/2019 MOTION to Dismiss Hearing. Defendant's Reply Brief due by 8/23/2019, Plaintiff's Sur-Reply Brief, if any, due 9/13/2019. The MOTION to Dismiss Hearing is continued to 10/10/2019 at 11:00 A.M. (Finn, Mary) |
| Filing 20 Consent MOTION for Leave to File Reply Brief in Support of Motion to Dismiss. and MOTION to Continue/ Adjourn Oral Argument Date by BayState Health Inc..(Marvin, Daniel). Added an additional relief - MOTION to Continue on 8/13/2019 (Finn, Mary). |
| Filing 19 ELECTRONIC NOTICE Setting Hearing on Defendant's #11 MOTION to Dismiss ISSUED: A Motion Hearing is set for 8/27/2019 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. (Rivera, Melissa) |
| Filing 18 Opposition re #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aleyda Torres. (Chrisanthopoulos, Kevin) |
| Filing 17 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting the Plaintiff's Assented to #16 Motion for Extension of Time to File Response/Reply re #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Plaintiff's response due by 7/29/2019. (Finn, Mary) |
| Filing 16 MOTION for Extension of Time to 07/29/2019 to File Response/Reply by Aleyda Torres.(Chrisanthopoulos, Kevin) |
| Filing 15 CONSENT by all parties to Jurisdiction by US Magistrate Judge by Aleyda Torres.. (Chrisanthopoulos, Kevin) |
| Filing 14 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting #10 Motion for Leave to Appear Pro Hac Vice Added Paul G. Karlsgodt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. . (Finn, Mary) |
| Filing 13 AFFIDAVIT of Daniel S. Marvin in Support re #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BayState Health Inc.. (Attachments: #1 Exhibit Baystate Health Privacy Policy)(Marvin, Daniel) |
| Filing 12 MEMORANDUM in Support re #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BayState Health Inc.. (Marvin, Daniel) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 7/1/2019) by BayState Health Inc..(Marvin, Daniel) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Paul Karlsgodt Filing fee: $ 100, receipt number 0101-7734717 by BayState Health Inc.. (Attachments: #1 Exhibit Certificate of Paul Karlsgodt)(Marvin, Daniel) |
| Filing 9 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed on or before the close of business on June 26, 2019. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Calderon, Melissa) |
| Filing 8 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Daniel S. Marvin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. . (Finn, Mary) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel S. Marvin Filing fee: $ 100, receipt number 0101-7715895 by BayState Health Inc.. (Attachments: #1 Affidavit of Daniel S. Marvin)(Weigand, Tory) |
| Filing 6 NOTICE of Appearance by Tory A. Weigand on behalf of BayState Health Inc. (Weigand, Tory) |
| Filing 5 SUMMONS Returned Executed All Defendants. (Chrisanthopoulos, Kevin) |
Filing 4
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Lindsay, Maurice)
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| Filing 3 Summons Issued as to BayState Health Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Lindsay, Maurice) (Lindsay, Maurice). |
| Filing 1 COMPLAINT against BayState Health Inc. Filing fee: $ 400, receipt number 0101-7633465 (Fee Status: Filing Fee paid), filed by Aleyda Torres. (Attachments: #1 Civil Cover Sheet)(Chrisanthopoulos, Kevin) |
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| Defendant: BayState Health Inc. | |
| Represented By: | Daniel S. Marvin |
| Represented By: | Paul G. Karlsgodt |
| Represented By: | Tory A. Weigand |
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| Plaintiff: Aleyda Torres | |
| Represented By: | Kevin Chrisanthopoulos |
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