Cole et al v. Quest Diagnostics, Inc.
| ANGELA COLE and Beatrice Roche |
| QUEST DIAGNOSTICS INC |
| 2:2023cv20647 |
| September 25, 2023 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| William J Martini |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 NOTICE of Appearance by KEVIN G. COOPER on behalf of ANGELA COLE, Beatrice Roche (COOPER, KEVIN) |
| Filing 47 NOTICE of Appearance by PHILIP LAWRENCE FRAIETTA on behalf of ANGELA COLE, Beatrice Roche (FRAIETTA, PHILIP) |
| Judge William J. Martini and Magistrate Judge Jessica S. Allen added. (ps) |
| Filing 46 NOTICE of Appearance by MATTHEW J. FEDOR on behalf of QUEST DIAGNOSTICS INC (FEDOR, MATTHEW) |
| Filing 45 Certified Copy of Transfer Order and docket received, Case transferred in from District of California Eastern; Case Number 1:22-cv-00892. Original file certified copy of transfer order and docket sheet received. |
Filing 44
ORDER GRANTING Defendant's #15 Motion to Transfer Venue and TRANSFERRING Matter to the United States District Court for the District of New Jersey signed by District Judge Jennifer L. Thurston on 9/22/2023. CASE TRANSFERRED to District of New Jersey. (Sant Agata, S)
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Filing 43
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 9/13/2023: (Text Only Entry) Pursuant to the parties' stipulation (Doc. #42 ), and in light of the pending motions, the Scheduling Conference is CONTINUED to March 5, 2024, at 9:30 AM before Magistrate Judge Sheila K. Oberto. The parties shall file their joint scheduling report by no later than seven (7) days before the Scheduling Conference. (Kusamura, W)
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| Filing 42 STIPULATION and PROPOSED ORDER for to Continue Scheduling Conference re 40 Minute Order,, Set/Reset Deadlines and Hearings, by Quest Diagnostics, Inc.. (Attachments: #1 Proposed Order)(Wilhelm, Zoe) |
| Filing 41 NOTICE of APPEARANCE by Alexander E. Wolf on behalf of Angela Cole, Beatrice Roche. Attorney Wolf, Alexander E. added. (Wolf, Alexander) |
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Filing 40
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 5/3/2023: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 6/1/2023, is CONTINUED to 10/5/2023, at 9:45AM, before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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| Filing 39 REPLY by Quest Diagnostics, Inc. re #34 Motion to Dismiss,. (Wilhelm, Zoe) |
| Filing 38 OPPOSITION by Angela Cole, Beatrice Roche to #34 Motion to Dismiss,. (Attachments: #1 Exhibit A)(Fisher, Lawrence) |
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Filing 37
ORDER GRANTING Joint Stipulation to Extend Plaintiffs' Time to Respond to the Motion to Dismiss, signed by District Judge Jennifer L. Thurston on 03/07/2023. Reply due by 5/2/2023. Response due by 4/11/2023. (Maldonado, C)
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| Filing 36 STIPULATION and PROPOSED ORDER for Extending Plaintiffs' Time to Respond to the Motion to Dismiss by Angela Cole, Beatrice Roche. (Attachments: #1 Proposed Order)(Fisher, Lawrence) |
| Filing 35 REQUEST for JUDICIAL NOTICE by Quest Diagnostics, Inc. in re #34 Motion to Dismiss,. (Wilhelm, Zoe) |
| Filing 34 MOTION to DISMISS by Quest Diagnostics, Inc.. Motion Hearing set for 4/11/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Michael Rigal iso Motion to Dismiss, #2 Declaration of Keena M. Hausmann iso Motion to Dismiss)(Wilhelm, Zoe) |
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Filing 33
ORDER GRANTING SECOND JOINT STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT #32 Order signed by Magistrate Judge Sheila K. Oberto on 2/17/2023. (Kusamura, W)
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| Filing 32 STIPULATION and PROPOSED ORDER for Extension of Time for Defendant to Respond to First Amended Complaint re #23 Amended Complaint by Quest Diagnostics, Inc.. (Attachments: #1 Proposed Order)(Wilhelm, Zoe) |
| Filing 31 REPLY by Quest Diagnostics, Inc. re #15 Motion to Change Venue,. (Wilhelm, Zoe) |
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Filing 30
ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 1/18/2023. (Kusamura, W)
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| Filing 29 STIPULATION and PROPOSED ORDER for Extension of Time for Defendant to Respond to First Amended Complaint re #23 Amended Complaint by Quest Diagnostics, Inc.. (Attachments: #1 Proposed Order Granting Stipulation)(Wilhelm, Zoe) |
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Filing 28
ORDER GRANTING STIPULATION TO EXTEND DEFENDANT'S TIME TO REPLY IN SUPPORT OF MOTIONTO TRANSFER. Order signed by Magistrate Judge Sheila K. Oberto on 1/9/2023. (Kusamura, W)
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Filing 27
MINUTE ORDER (TEXT ENTRY ONLY) On November 22, 2022, defendant filed a motion to dismiss the complaint #16 and a motion to change venue #15 . On December 1, 2022, the parties filed a stipulation to extend plaintiff's time to amend the complaint, stating that the amendment would eliminate the need for an opposition to the motion to dismiss. (Doc. 18 at 2.) The Court construes the parties' stipulation as an agreement to deny as moot the motion to dismiss upon the filing of the amended complaint. Plaintiff filed a first amended complaint on January 6, 2023 #23 . Accordingly, the Court hereby DENIES as moot defendant's motion to dismiss #16 . Nothing in this order prevents defendant from filing a new motion to dismiss the first amended complaint signed by District Judge Jennifer L. Thurston on January 9, 2023. (Munoz, I)
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| Filing 26 NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Quest Diagnostics, Inc.: Notice of Lodging of [Proposed] Order Granting Stipulation to Extend Defendant's Time to Reply in Support of Motion to Transfer (Doc. 22). (Wilhelm, Zoe) |
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Filing 25
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 1/9/2023: (Text Only Entry) Before the Court is the parties' stipulation to extend the time for Defendant to file a reply in support of its motion to transfer venue. (Doc. #22 .) The Court notes that Defendant neither filed a proposed order with the stipulation nor emailed an electronic copy of the proposed order to the Court's chambers per Local Rule 137, as this is not the first extension of time requested. (See Docs. #18 & 20 .) Accordingly, the Court ORDERS Defendant to file a proposed order and send an electronic version in Microsoft Word format to SKOorders@caed.uscourts.gov by no later January 11, 2023. (Kusamura, W)
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| Filing 24 OPPOSITION by Angela Cole, Beatrice Roche to #15 Motion to Change Venue,. (Fisher, Lawrence) |
| Filing 23 FIRST AMENDED COMPLAINT against Quest Diagnostics, Inc. by Angela Cole, Beatrice Roche.(Fisher, Lawrence) |
| Filing 22 STIPULATION re #15 MOTION to CHANGE VENUE First Joint Stipulation to Extend Defendant's Time to Reply in Support of Motion to Transfer by Quest Diagnostics, Inc.. (Wilhelm, Zoe) |
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Filing 21
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 12/6/2022: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 1/12/2023, is CONTINUED to 6/1/2023, at 9:45 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 20
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 12/5/2022: (Text Only Entry) Pursuant to the parties' stipulation (Doc. #18 ), and for good cause shown, the time within which Plaintiffs may respond to the Motion to Transfer is hereby extended until and including January 6, 2023. The time within which Plaintiffs may respond to the Motion to Dismiss, including by amending the Complaint which would eliminate the need for Plaintiffs to oppose the current Motion to Dismiss, is hereby extended until and including January 6, 2023. (Kusamura, W)
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Filing 19
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the recently-filed motion to change venue #15 and motion to dismiss #16 will be heard and decided by the undersigned. As set forth in the undersigned's standing order, no hearing will be calendared, and the matter will be decided on the papers. As a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 100 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it is likely to be six or more months until the motion(s) in this matter is resolved. The Court reiterates that magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should the parties jointly wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on December 2, 2022. (Munoz, I)
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| Filing 18 STIPULATION to Extend Plaintiffs' Time to Amend Complaint and Respond to the Motion to Transfer by Angela Cole, Beatrice Roche. (Fisher, Lawrence) |
| Filing 17 REQUEST for JUDICIAL NOTICE by Quest Diagnostics, Inc. in re #16 Motion to Dismiss,. (Wilhelm, Zoe) |
| Filing 16 MOTION to DISMISS by Quest Diagnostics, Inc.. Motion Hearing set for 1/17/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Michael Rigal, #2 Declaration Keena M. Hausmann)(Wilhelm, Zoe) |
| Filing 15 MOTION to CHANGE VENUE by Quest Diagnostics, Inc.. Motion Hearing set for 1/17/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Michael Rigal, #2 Declaration Keena M. Hausmann)(Wilhelm, Zoe) |
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Filing 14
ORDER GRANTING #13 Application for Pro Hac Vice, signed by Magistrate Judge Stanley A. Boone on 11/15/2022. Added Attorney Matthew J. Fedor, PHV for Quest Diagnostics, Inc.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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| Filing 13 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Quest Diagnostics, Inc. for attorney Matthew J. Fedor to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10545050) (Wilhelm, Zoe) |
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Filing 12
ORDER GRANTING THIRD STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO COMPLAINT [L.R. 144]. Order signed by Magistrate Judge Sheila K. Oberto on 11/4/2022. (Kusamura, W)
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| Filing 11 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint re #1 Complaint by Quest Diagnostics, Inc.. (Attachments: #1 Proposed Order)(Wilhelm, Zoe) |
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Filing 10
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 10/12/2022: (Text Only Entry) Due to the status of the case, the Initial Scheduling Conference currently set for 11/3/2022, is CONTINUED to 1/12/2023, at 9:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 9
ORDER GRANTING SECOND STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO COMPLAINT [L.R. 144]. Order signed by Magistrate Judge Sheila K. Oberto on 9/27/2022. (Kusamura, W)
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| Filing 8 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint re #1 Complaint by Quest Diagnostics, Inc.. (Attachments: #1 Proposed Order)(Wilhelm, Zoe) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Defendant Quest Diagnostics, Inc.. (Wilhelm, Zoe) |
| Filing 6 STIPULATION re #1 Complaint Joint Stipulation to Extend Defendant's Time to Respond to Complaint by Quest Diagnostics, Inc.. Attorney Wilhelm, Zoe K. added. (Wilhelm, Zoe) |
| Filing 5 SUMMONS RETURNED EXECUTED: Quest Diagnostics, Inc. served on 8/16/2022, answer due 9/6/2022. (Fisher, Lawrence) |
| Filing 4 NOTICE of APPEARANCE by John J. Nelson on behalf of Angela Cole, Beatrice Roche. Attorney Nelson, John J. added. (Nelson, John) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/3/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Sant Agata, S) |
| Filing 2 SUMMONS ISSUED as to *Quest Diagnostics, Inc.* with answer to complaint due within *21* days. Attorney *Lawrence Timothy Fisher* *1990 N. California Blvd.* *Suite 940* *Walnut Creek, CA 94596*. (Sant Agata, S) |
| Filing 1 COMPLAINT against Quest Diagnostics, Inc. by Angela Cole, Beatrice Roche. Attorney Fisher, Lawrence Timothy added. (Filing fee $ 402, receipt number ACAEDC-10336860) (Attachments: #1 Civil Cover Sheet)(Fisher, Lawrence) |
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