Deakin v. Magellan Health, Inc., et al
Plaintiff: Maureen Deakin, Dale Kessler, Rachel Clerge, Cheryl Johnson, May Wojcik and Lesley Mitchell
Defendant: Magellan HSRC, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Magellan Health Services of New Mexico, Inc. and Merit Behavioral Care Corporation
Case Number: 1:2017cv00773
Filed: July 27, 2017
Court: US District Court for the District of New Mexico
Office: Albuquerque Office
County: Bernalillo
Presiding Judge: Laura Fashing
Referring Judge: Matthew L Garcia
2 Judge: Kirtan Khalsa
3 Judge: Kea W Riggs
4 Judge: Margaret I Strickland
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2023 Opinion or Order Filing 335 ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Gregory J. Fouratt. Settlement Conference set for 1/31/2024 at 09:00 AM before Magistrate Judge Gregory J. Fouratt. Telephonic Status Conference set for 1/4/2024 at 02:00 PM. (mjm)
September 22, 2023 Opinion or Order Filing 334 RESPONSE in Opposition re #332 Motion for Attorney Fees filed by Maureen Deakin. (Attachments: #1 Exhibit A - Excerpts from Hearing Transcript) (Hedgpeth, Travis)
September 21, 2023 Opinion or Order Filing 333 Clerk's Minutes for telephonic status conference held before Magistrate Judge Gregory J. Fouratt on 9/20/2023. (mjm)
September 15, 2023 Opinion or Order Filing 332 NOTICE by Magellan HSRC, Inc., Magellan Health, Inc. of Defendants' Petition for an Award of Attorneys' Fees (Attachments: #1 Exhibit A, #2 Exhibit B) (Temple, Mark) Modified on 9/18/2023 to motion (cmm).
September 12, 2023 Opinion or Order Filing 331 ORDER REGARDING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Gregory J. Fouratt. The telephonic status conference set for 9/20/2023 at 10:00 AM MDT, see ECF 330, will take place before Magistrate Judge Gregory J. Fouratt. The parties shall call Judge Fouratts conference line at (888) 363-4735 and use access code 9873158 to connect to the proceedings. Client attendance is not required. (gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 11, 2023 Opinion or Order **FILED IN ERROR** Set/Reset Hearings: Telephonic Status Conference set for 9/20/2023 at 10:00 AM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (cmm) Modified on 9/14/2023 (cmm).
September 11, 2023 Opinion or Order Filing 330 IT IS ORDERED setting a telephonic status conference for September 20, 2023, at 10:00 a.m. MDT, to discuss scheduling a settlement conference. In advance of the status conference, counsel shall meet and confer as to mutually agreeable dates for an in-person settlement conference in either Las Cruces or Albuquerque, NM. To assist counsel with coordinating and deconflicting schedules, the Court advises that it requires at the settlement conference the in-person participation of lead trial counsel, the named parties (or their designee(s)), and any other individuals whose participation is necessary to ensure that full settlement authority is present at the settlement conference. The Court further advises that it is available on the following dates: October 23, 24, 26, and 30; November 20, 21, 28, and 30; and December 4, 5, 7, 8, 11, 12, 14, 15, 18, 19, and 20. (mjm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 6, 2023 Opinion or Order Filing 329 NOTICE by Magellan HSRC, Inc., Magellan Health, Inc. re #328 Order on Motion for Attorney Fees,,, Order on Motion for Sanctions,,, Order on Motion to Strike,,, Order on Motion to Seal,, (Temple, Mark)
September 5, 2023 Opinion or Order Filing 328 ORDER by District Judge Matthew L. Garcia granting in part and denying in part #258 Motion for Attorney Fees; granting in part #269 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), granting #293 MOTION to Strike #280 MOTION Decertification of the Conditionally Certified Collective Action Exhibits A and B to Declaration of Jeffrey Vlasek; granting in part #312 Unopposed MOTION to Seal as to Magellan's information but denies it as to the third-party information. (bap)
August 30, 2023 Opinion or Order Filing 327 Clerk's Minutes for proceedings held before District Judge Matthew L. Garcia: Motion Hearing held on 8/30/2023 re #258 MOTION for Attorney Fees filed by Magellan Health, Inc., #269 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) filed by Magellan Health, Inc., Magellan HSRC, Inc., #293 MOTION to Strike and #312 Unopposed MOTION to Seal filed by Magellan Health, Inc., Magellan HSRC, Inc., Magellan HSRC, Inc., #280 MOTION Decertification of the Conditionally Certified Collective Action Exhibits A and B to Declaration of Jeffrey Vlasek filed by Maureen Deakin. (Court Reporter P. Baca) (bap)
July 17, 2023 Opinion or Order Filing 326 NOTICE of Hearing: #293 MOTION to Strike and #312 Unopposed MOTION to Seal set for an in-person hearing 8/30/2023 at 09:30 AM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 14, 2023 Opinion or Order Filing 325 ORDER by District Judge Matthew L. Garcia GRANTING #288 Motion for Extension of Time to File; DENYING #290 Motion to Strike (fs)
July 11, 2023 Opinion or Order Filing 324 CORRECTED NOTICE of Hearing: #258 MOTION for Attorney Fees and #269 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) set for an in-person hearing 8/30/2023 at 09:30 AM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 11, 2023 Opinion or Order Filing 323 NOTICE of Hearing: #258 MOTION for Attorney Fees and #269 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) set for an in-person hearing on 8/23/2023 at 09:30 AM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 12, 2023 Opinion or Order Filing 322 ORDER by District Judge Matthew L. Garcia granting in part and denying in part #321 Joint Motion to Rescheduled Status Conference; The Status Conference currently scheduled for April 18, 2023 is vacated; A hearing will not be rescheduled at this time. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emr)
April 7, 2023 Opinion or Order Filing 321 Joint MOTION to Reset Status Conference by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc.. (Temple, Mark)
March 31, 2023 Opinion or Order Filing 320 NOTICE of Hearing: Status Conference set for 4/18/2023 at 10:15 AM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 9, 2023 Opinion or Order Filing 319 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Matthew L. Garcia as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge Margaret I. Strickland no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am)
January 23, 2023 Opinion or Order Filing 318 RESPONSE to Plaintiffs' Notice of Supplemental Authority re #317 Notice (Other) filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Temple, Mark)
January 16, 2023 Opinion or Order Filing 317 NOTICE by Maureen Deakin re 285 MOTION to Certify Class Supplemental Authority (Hedgpeth, Travis)
December 15, 2022 Opinion or Order Filing 316 NOTICE of Briefing Complete by All Plaintiffs re #293 MOTION to Strike #280 MOTION Decertification of the Conditionally Certified Collective Action Exhibits A and B to Declaration of Jeffrey Vlasek filed by Maureen Deakin (Siegel, Jack)
December 5, 2022 Opinion or Order Filing 315 REPLY to Response to Motion re #293 MOTION to Strike #280 MOTION Decertification of the Conditionally Certified Collective Action Exhibits A and B to Declaration of Jeffrey Vlasek filed by Maureen Deakin. (Hedgpeth, Travis)
December 4, 2022 Opinion or Order Filing 314 NOTICE of Briefing Complete by Maureen Deakin re 285 MOTION to Certify Class filed by Maureen Deakin (Siegel, Jack)
November 28, 2022 Opinion or Order Filing 313 ORDER EXTENDING TEMPORARY SEAL by District Judge Margaret I. Strickland. IT IS HEREBY ORDERED that ECF Nos. 282-286 and any other document subject to a pending motion to seal shall remain under seal until the pending motions to seal, ECF Nos. #298 and #312 , and any other motions to seal filed on or before Friday, December 9, 2022, are decided, unless otherwise ordered.The parties are HEREBY NOTIFIED that, in its order on the motions to seal, the Court may also issue a sua sponte order unsealing any other document currently filed under seal on the docket, unless the Court has previously entered an order granting the sealing of such document. If the parties wish for a document on the docket to remain under seal but the Court has not yet entered an order sealing such document, one or more parties must file a motion to seal, listing the specific document number(s) to be sealed and addressing the factors for sealing the document(s), no later than Friday, December 9, 2022. The parties are further advised to review the entire docket carefully, in order to ensure that a motion to seal has been filed, or the Court has previously entered an order sealing such document, for each document filed under seal (ex parte, case participants, or otherwise) with the Court.IT IS SO ORDERED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]. (sej)
November 25, 2022 Opinion or Order Filing 312 Unopposed MOTION to Seal by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit Declaration) (Temple, Mark)
November 23, 2022 Opinion or Order Filing 311 REPLY to Response to Motion re 285 MOTION to Certify Class filed by Maureen Deakin. (Attachments: #1 Declaration of Travis M. Hedgpeth) (Hedgpeth, Travis)
November 23, 2022 Opinion or Order Filing 310 NOTICE of Briefing Complete by Maureen Deakin re 284 Corrected MOTION for Summary Judgment filed by Maureen Deakin (Siegel, Jack)
November 23, 2022 Opinion or Order Filing 309 REPLY to Response to Motion re 284 Corrected MOTION for Summary Judgment filed by Maureen Deakin. (Attachments: #1 Exhibit A - Regulations, #2 Exhibit B - '05 DOL Op. Letter, #3 Exhibit C - '06 DOL Op. Letter, #4 Exhibit D - '07 DOL Op. Letter) (Siegel, Jack)
November 23, 2022 Opinion or Order Filing 308 NOTICE of Briefing Complete by Magellan HSRC, Inc., Magellan Health, Inc. re #290 MOTION to Strike 284 Corrected MOTION for Summary Judgment , 285 MOTION to Certify Class , 286 Declaration,,, 283 Declaration, filed by Magellan Health Services of New Mexico, Inc., Merit Behavioral Care Corporation, Magellan Health, Inc., Magellan HSRC, Inc., Magellan Healthcare, Inc. (Temple, Mark)
November 23, 2022 Opinion or Order Filing 307 REPLY to Response to Motion re #290 MOTION to Strike 284 Corrected MOTION for Summary Judgment , 285 MOTION to Certify Class , 286 Declaration,,, 283 Declaration, filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Temple, Mark)
November 23, 2022 Opinion or Order Filing 306 NOTICE of Briefing Complete by Magellan HSRC, Inc., Magellan Health, Inc. re #280 MOTION Decertification of the Conditionally Certified Collective Action filed by Magellan Health, Inc., Magellan HSRC, Inc. (Temple, Mark)
November 23, 2022 Opinion or Order Filing 305 REPLY to Response to Motion re #280 MOTION Decertification of the Conditionally Certified Collective Action filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Temple, Mark)
November 21, 2022 Opinion or Order Filing 304 RESPONSE in Opposition re #293 MOTION to Strike #280 MOTION Decertification of the Conditionally Certified Collective Action Exhibits A and B to Declaration of Jeffrey Vlasek filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit Declaration) (Temple, Mark)
November 16, 2022 Opinion or Order Filing 303 NOTICE of Briefing Complete by All Plaintiffs re #288 MOTION for Extension of Time to File Pretrial Motions filed by Maureen Deakin (Siegel, Jack)
November 16, 2022 Opinion or Order Filing 302 NOTICE of Briefing Complete by Magellan HSRC, Inc., Magellan Health, Inc. re #269 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) filed by Magellan Health, Inc., Magellan HSRC, Inc. (Temple, Mark)
November 16, 2022 Opinion or Order Filing 301 REPLY to Response to Motion re #269 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit 1) (Temple, Mark)
November 10, 2022 Opinion or Order Filing 300 ORDER by District Judge Margaret I. Strickland temporarily granting #298 Motion to Seal. All documents listed in Plaintiffs' Unopposed Motions to Seal shall remain sealed through 11/25/2022 unless otherwise ordered. IT IS FURTHER ORDERED that all other documents currently filed under seal through today's date shall remain sealed through 11/25/2022 unless otherwise ordered. (sej)
November 10, 2022 Opinion or Order Filing 299 RESPONSE in Opposition re #290 MOTION to Strike 284 Corrected MOTION for Summary Judgment , 285 MOTION to Certify Class , 286 Declaration,,, 283 Declaration, filed by Maureen Deakin. (Siegel, Jack)
November 10, 2022 Opinion or Order Filing 298 MOTION to Seal by Maureen Deakin. (Hedgpeth, Travis)
November 9, 2022 Opinion or Order Filing 296 RESPONSE in Opposition re 284 Corrected MOTION for Summary Judgment filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jeffrey R. Vlasek) (Temple, Mark)
November 9, 2022 Opinion or Order Filing 295 RESPONSE in Opposition re 285 MOTION to Certify Class filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jeffrey R. Vlasek) (Temple, Mark)
November 8, 2022 Opinion or Order Filing 294 REPLY to Response to Motion re #288 MOTION for Extension of Time to File Pretrial Motions filed by Maureen Deakin. (Siegel, Jack)
November 7, 2022 Opinion or Order Filing 293 MOTION to Strike #280 MOTION Decertification of the Conditionally Certified Collective Action Exhibits A and B to Declaration of Jeffrey Vlasek by Maureen Deakin. (Attachments: #1 Declaration of Travis M. Hedgpeth) (Hedgpeth, Travis)
November 2, 2022 Opinion or Order Filing 292 RESPONSE in Opposition re #236 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) filed by Maureen Deakin. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Affidavit) (Siegel, Jack)
October 31, 2022 Opinion or Order Filing 291 RESPONSE in Opposition re #288 MOTION for Extension of Time to File Pretrial Motions filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
October 28, 2022 Opinion or Order Filing 290 MOTION to Strike 284 Corrected MOTION for Summary Judgment , 285 MOTION to Certify Class , 286 Declaration,,, 283 Declaration, by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit 1) (Temple, Mark)
October 27, 2022 Opinion or Order Filing 289 ORDER by District Judge Margaret I. Strickland denying without prejudice #279 Plaintiffs' Unopposed Motion to File Motion for Class Certification Under Seal; denying without prejudice #281 Plaintiffs' Unopposed Motion to File Motion for Summary Judgment Under Seal.Plaintiffs have not addressed the specific requirements outlined by the Tenth Circuit for leave to file a document under seal. See United States v. Pickard, 733 F.3d 1297, 1302-05.Notwithstanding the above denial, the documents at issue in the Motions, specifically ECF Nos. 282-286, shall remain under seal for an additional 14 days from the date of the attached Order. If Plaintiffs refile their Motions to Seal within the 14-day period, ECF Nos. 282-286 shall remain under seal until the refiled Motions to Seal are decided. However, if Plaintiffs do not refile their Motions to Seal within the 14-day period (i.e., by November 10, 2022), the Clerk is hereby DIRECTED to unseal ECF Nos. 282-286 on or after November 11, 2022.Any future motion to seal filed in this case shall comply with the procedural requirements set forth in this Order, absent a showing of good cause. Failure to do so may result in summary denial.See Order for complete details. (sej)
October 27, 2022 Opinion or Order Filing 288 MOTION for Extension of Time to File Pretrial Motions by Maureen Deakin. (Attachments: #1 Declaration of Travis M. Hedgpeth) (Hedgpeth, Travis)
October 27, 2022 Opinion or Order Filing 287 ORDER by District Judge Margaret I. Strickland finding as moot 282 Partial Motion for Summary Judgment. Due to a formatting error, the document was refiled as a corrected motion. See ECF No. 284 at 1 n.1. Therefore, the previously filed version of the same document is now moot. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sej)
October 26, 2022 Opinion or Order Filing 281 Unopposed MOTION to Seal Plaintiffs' Motion for Summary Judgment by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Hedgpeth, Travis)
October 26, 2022 Opinion or Order Filing 280 MOTION Decertification of the Conditionally Certified Collective Action by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit 1 -Declaration of Mark D. Temple, #2 Exhibit 2 - Declaration of Jeffrey Vlasek) (Temple, Mark)
October 26, 2022 Opinion or Order Filing 279 Unopposed MOTION to Seal Plaintiffs' Motion for Class Certification by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Hedgpeth, Travis)
October 25, 2022 Opinion or Order Filing 278 ORDER EXTENDING RESPONSE DEADLINE by Magistrate Judge Kirtan Khalsa. Plaintiffs' Unopposed Motion for Extension of Deadline to File Response (Doc. 276) is granted. Plaintiffs' response to Defendants' Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) (Doc. 269) is due by 11/2/2022. (kmt)
October 25, 2022 Opinion or Order Filing 277 CERTIFICATE OF SERVICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik of the Order of Dismissal Without Prejudice of Opt-In Plaintiffs Brandon and Carrera (Hedgpeth, Travis)
October 25, 2022 Opinion or Order Filing 276 Unopposed MOTION for Extension of Time to File Response/Reply by Maureen Deakin. (Hedgpeth, Travis)
October 19, 2022 Opinion or Order Filing 274 ORDER EXTENDING PRETRIAL MOTIONS DEADLINE by Magistrate Judge Kirtan Khalsa. For good cause shown, Plaintiffs' Motion for Extension of Deadline to File Pretrial Motions (Doc. 271) is hereby GRANTED. The deadline for the parties to file pretrial motions other than discovery motions (including motions to certify/decertify class and motions for summary judgment) (Doc. 231) is hereby extended to Wednesday, October 26, 2022. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt)
October 19, 2022 Opinion or Order Filing 273 REPLY to Response to Motion re #271 MOTION to Extend (other) Deadline to File Pretrial Motions filed by Maureen Deakin. (Attachments: #1 Exhibit A - Second Declaration of Travis M. Hedgpeth with Attachment) (Hedgpeth, Travis) (Attachment 1 replaced with approval on 10/19/2022 due to errors and malformations) (dr)..
October 18, 2022 Opinion or Order Filing 272 RESPONSE in Opposition re #271 MOTION to Extend (other) Deadline to File Pretrial Motions filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit Declaration) (Temple, Mark)
October 18, 2022 Opinion or Order Filing 271 MOTION to Extend (other) Deadline to File Pretrial Motions by Maureen Deakin. (Attachments: #1 Declaration of Travis M. Hedgpeth) (Hedgpeth, Travis)
October 14, 2022 Opinion or Order Filing 270 ORDER by District Judge Margaret I. Strickland granting in part and denying in part #266 Motion to Dismiss Party.Opt-In Plaintiff Carilla Brandon is dismissed without prejudice from this lawsuit. The statute of limitations pertaining to Opt-In Plaintiff Brandon's affected claims is tolled for 120 days from entry of this Order. Opt-In Plaintiff Victoria Carrera is dismissed without prejudice from this lawsuit. The statute of limitations pertaining to Opt-In Plaintiff Carrera's affected claims is tolled for 120 days from entry of this Order.Within 7 days after entry of this Order, Opt-In Plaintiffs' counsel shall serve on each affected Opt-In Plaintiff a copy of the order, via all known mail and email addresses, and file a certificate of service with the Court.See Order for complete details. (sej) Per Chambers, text was modified on 10/14/2022 (bc).
October 12, 2022 Opinion or Order Filing 269 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration) (Temple, Mark)
October 12, 2022 Opinion or Order Filing 268 NOTICE by Magellan HSRC, Inc., Magellan Health, Inc. of Completion of Briefing (Temple, Mark)
October 5, 2022 Opinion or Order Filing 267 RESPONSE in Opposition re #258 MOTION for Attorney Fees filed by Maureen Deakin. (Hedgpeth, Travis)
September 30, 2022 Opinion or Order Filing 266 Unopposed MOTION to Dismiss Party by Maureen Deakin. (Hedgpeth, Travis)
September 29, 2022 Opinion or Order Filing 265 ORDER ON MOTION FOR PROTECTIVE ORDER AND MOTION FOR EXPEDITED HEARING by Magistrate Judge Kirtan Khalsa. Defendants' Motion for a Protective Order (Doc. 257) is granted. Defendants need not produce a representative to be deposed pursuant to Plaintiffs' September 15, 2022 Notice of Rule 30(b)(6) Deposition. Plaintiffs' Motion for Expedited Hearing (Doc. 260) is denied. (kmt)
September 29, 2022 Opinion or Order Filing 264 REPLY to Response to Motion re #257 MOTION for Protective Order as to Plaintiffs' Notice 30(b)(6) Deposition Topics Dated 9/15/22 filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
September 28, 2022 Opinion or Order Filing 263 RESPONSE to Motion re #257 MOTION for Protective Order as to Plaintiffs' Notice 30(b)(6) Deposition Topics Dated 9/15/22 filed by Maureen Deakin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Braziel, J.)
September 28, 2022 Opinion or Order Filing 262 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik of Withdrawal (Attachments: #1 Exhibit A - Carilla Brandon Withdrawal) (Hedgpeth, Travis)
September 27, 2022 Opinion or Order Filing 261 RESPONSE in Opposition re #260 Opposed MOTION for Hearing in Response to Defendants' Motion for Protective Order filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration) (Temple, Mark)
September 27, 2022 Opinion or Order Filing 260 Opposed MOTION for Hearing by Maureen Deakin. (Hedgpeth, Travis)
September 21, 2022 Opinion or Order Filing 258 MOTION for Attorney Fees by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit 1 to Declaration of Mark Temple, #3 Exhibit 2 to Declaration of Mark Temple, #4 Exhibit B, #5 Exhibit C) (Temple, Mark)
September 20, 2022 Opinion or Order Filing 257 MOTION for Protective Order as to Plaintiffs' Notice 30(b)(6) Deposition Topics Dated 9/15/22 by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Exhibit F to Declaration, #8 Exhibit G to Declaration, #9 Exhibit H to Declaration, #10 Exhibit I to Declaration, #11 Exhibit J to Declaration) (Temple, Mark)
September 14, 2022 Opinion or Order Filing 256 ORDER GRANTING DEFENDANTS' MOTION FOR PROTECTIVE ORDER by Magistrate Judge Kirtan Khalsa. Defendants' Motion for Protective Order as to Plaintiffs' Noticed 30(b)(6) Deposition Topics (Doc. 247) is granted. The parties are reminded that discovery depositions must be completed by 9/30/2022 (Doc. 241). (kmt)
September 7, 2022 Opinion or Order Filing 255 ORDER ON MOTION FOR SANCTIONS AND FOR LEAVE TO FILE SURREPLY by Magistrate Judge Kirtan Khalsa. Plaintiffs' Motion for Leave to File Surreply (Doc. 239) is granted. The proposed surreply attached to the motion (Doc. 239-1) is deemed filed. Defendants' Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) (Doc. 236) is granted in part and denied in part as set forth in the Order. Defendants shall file a properly supported fee petition by 9/21/2022. Within 14 days of service of the fee petition, Plaintiff may file a response. (kmt)
September 7, 2022 Opinion or Order Filing 254 MEMORANDUM in Opposition re #247 MOTION for Protective Order as to Plaintiff's Noticed 30(b)(6) Deposition Topics filed by Maureen Deakin. (Attachments: #1 Exhibit A - Declaration of Travis M. Hedgpeth, #2 Exhibit B - Employee Handbook Excerpt, #3 Exhibit C - Clerk's Minutes, #4 Exhibit D - Defendant's Objections) (Hedgpeth, Travis)
August 31, 2022 Opinion or Order Filing 253 ORDER EXTENDING RESPONSE DEADLINE by Magistrate Judge Kirtan Khalsa. Plaintiffs' Unopposed Motion for Extension to File Response to Defendants' Motion for Protective Order as to Plaintiffs' Noticed 30(b)(6) Deposition Topics (Doc. 250) is granted. Plaintiffs' response to Defendants' Motion for Protective Order as to Plaintiffs' Noticed 30(b)(6) Deposition Topics (Doc. 247) is due by 9/6/2022. (kmt)
August 31, 2022 Opinion or Order Filing 252 NOTICE of Appearance by Matthew Somogye on behalf of All Defendants (Somogye, Matthew)
August 31, 2022 Opinion or Order Filing 251 NOTICE of Appearance by Lauren Stuy on behalf of All Defendants (Stuy, Lauren)
August 30, 2022 Opinion or Order Filing 250 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Protective Order as to Plaintiffs' Noticed 30(b)(6) Deposition Topics by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Hedgpeth, Travis)
August 25, 2022 Opinion or Order Filing 249 NOTICE of Briefing Complete by All Plaintiffs re #239 MOTION for Leave to File Surreply filed by Maureen Deakin (Hedgpeth, Travis)
August 22, 2022 Opinion or Order Filing 248 REPLY to Response to Motion re #239 MOTION for Leave to File Surreply filed by Maureen Deakin. (Hedgpeth, Travis)
August 16, 2022 Opinion or Order Filing 247 MOTION for Protective Order as to Plaintiff's Noticed 30(b)(6) Deposition Topics by Magellan Health, Inc.. (Attachments: #1 Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Exhibit F to Declaration, #8 Exhibit G to Declaration, #9 Exhibit H to Declaration, #10 Exhibit I to Declaration, #11 Exhibit J to Declaration, #12 Exhibit K to Declaration) (Temple, Mark)
August 11, 2022 Opinion or Order Filing 246 ORDER GRANTING MOTIONS TO WITHDRAW by Magistrate Judge Kirtan Khalsa. The Unopposed Motions to Withdraw as Counsel filed by Paul Lukas, Rachhana Srey, and Caroline Bressman (Docs. 243, 244, 245) are granted. The law firm of Nichols Kaster, PLLP, and attorneys Paul Lukas, Rachhana Srey, and Caroline Bressman, are withdrawn from their representation of Plaintiffs in this case. (kmt)
August 11, 2022 Opinion or Order Filing 245 Unopposed MOTION to Withdraw as Attorney (Caroline E. Bressman) by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Proposed Order) (Bressman, Caroline)
August 11, 2022 Opinion or Order Filing 244 Unopposed MOTION to Withdraw as Attorney (Rachhana T. Srey) by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Proposed Order) (Srey, Rachhana)
August 11, 2022 Opinion or Order Filing 243 Unopposed MOTION to Withdraw as Attorney (Paul J. Lukas) by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Proposed Order) (Lukas, Paul)
August 8, 2022 Opinion or Order Filing 242 RESPONSE in Opposition re #239 MOTION for Leave to File Surreply filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
August 2, 2022 Opinion or Order Filing 241 ORDER ON JOINT MOTION TO EXTEND DISCOVERY by Magistrate Judge Kirtan Khalsa granting in part and denying in part the parties' #240 Joint Motion for Extension of Discovery Deadline to Complete Discovery Depositions. (kmt)
August 1, 2022 Opinion or Order Filing 240 Joint MOTION for Extension of Time to Complete Discovery Depositions by Magellan Health, Inc.. (Temple, Mark)
August 1, 2022 Opinion or Order Filing 239 MOTION for Leave to File Surreply by Maureen Deakin. (Attachments: #1 Exhibit A - Surreply, #2 Second Declaration of Travis M. Hedgpeth) (Hedgpeth, Travis)
July 22, 2022 Opinion or Order Filing 238 REPLY to Response to Motion re #236 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) filed by Magellan Health, Inc.. (Temple, Mark)
July 19, 2022 Opinion or Order Filing 237 RESPONSE in Opposition re #236 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) filed by Maureen Deakin. (Attachments: #1 Exhibit A - Declaration of Travis M. Hedgpeth) (Hedgpeth, Travis)
July 8, 2022 Opinion or Order Filing 236 MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) by Magellan Health, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Temple, Mark)
June 1, 2022 Opinion or Order Filing 235 NOTICE by Magellan HSRC, Inc., Magellan Health, Inc. re #200 Notice of Appearance Withdrawal of Appearance of Attorney Gilbert Brosky Pursuant to Local Rule of Civil Procedure 83.4(b) (Brosky, Gilbert)
May 20, 2022 Opinion or Order Filing 234 ORDER by Magistrate Judge Kirtan Khalsa granting #233 Unopposed MOTION to Seal Exhibit A to Stipulation. (eh)
May 18, 2022 Opinion or Order Filing 233 Unopposed MOTION to Seal Exhibit A to Stipulation by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler. (Attachments: #1 Exhibit 1 - Stipulation, #2 Exhibit 2 - Proposed Order) (Siegel, Jack)
April 26, 2022 Opinion or Order Filing 232 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik of Filing Proof of Service of Subpoena (Attachments: #1 Exhibit 1 - Proof of Service) (Thomsen, Stacy)
April 25, 2022 Opinion or Order Filing 231 ORDER by Magistrate Judge Kirtan Khalsa granting #230 Joint Motion for Extension of Case Management Deadlines. Motions seeking additional discovery due by 8/1/2022. Discovery due by 8/31/2022. Discovery motions due by 9/20/2022. Pretrial motions due by 10/19/2022. (kmt)
April 22, 2022 Opinion or Order Filing 230 Joint MOTION to Extend (other) Case Management Deadlines by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Hedgpeth, Travis)
April 5, 2022 Opinion or Order Filing 229 ORDER granting #225 Unopposed MOTION to Dismiss Party Opt-In Plaintiffs Messinger and Watts without Prejudice. Opt-In Plaintiff Elizabeth Messinger is dismissed without prejudice from this lawsuit. The statute of limitations pertaining to Opt-In Plaintiff Messigner's affected claims is tolled for 120 days from entry of this Order. Opt-In Plaintiff David Watts is dismissed without prejudice from this lawsuit. The statute of limitations pertaining to Opt-In Plaintiff Watts' affected claims is tolled for 120 days from entry of this Order. by District Judge Margaret I. Strickland. (sej)
March 31, 2022 Opinion or Order Filing 228 NOTICE of Change of Address by J. Derek Braziel (Braziel, J.)
March 24, 2022 Opinion or Order Filing 227 NOTICE by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik re #226 Order,, Notice of Compliance (Thomsen, Stacy)
March 4, 2022 Opinion or Order Filing 226 MISCELLANEOUS ORDER re #225 Unopposed MOTION to Dismiss Party Opt-In Plaintiffs Messinger and Watts without Prejudice. Within 7 days, Plaintiffs' counsel shall provide additional notice to opt-in Plaintiffs Messinger and Watts, and file a notice with the Court. Within 21 days, the parties shall submit a proposed order to include tolling provision. Within 7 days after entry of the order of dismissal without prejudice, Plaintiffs' counsel shall provide additional notice to the above-mentioned opt-in Plaintiffs. by District Judge Margaret I. Strickland. (sej)
February 22, 2022 Opinion or Order Filing 225 Unopposed MOTION to Dismiss Party Opt-In Plaintiffs Messinger and Watts without Prejudice by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Affidavit of Stacy W. Thomsen ISO of Motion) (Thomsen, Stacy)
February 22, 2022 Opinion or Order Filing 224 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik of Withdrawal (Attachments: #1 Exhibit A - Susan Luscomb Withdrawal, #2 Exhibit B - Randall Berner Withdrawal) (Thomsen, Stacy)
February 22, 2022 Opinion or Order Filing 223 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik of Withdrawal of Appearance (Gasper, Travis)
February 14, 2022 Opinion or Order Filing 222 ORDER by Magistrate Judge Kirtan Khalsa granting #221 Joint Motion to Extend. The Deadline to seek relief under Local Rule 37.1 for Plaintiffs Second Set ofDiscovery is extended to 3/22/2022. (rps)
February 14, 2022 Opinion or Order Filing 221 Joint MOTION to Extend (other) Deadline to Seek Relief Under D.N.M.LR-Civ. 37.1 by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Thomsen, Stacy)
February 1, 2022 Opinion or Order Filing 220 ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO COMPEL by Magistrate Judge Kirtan Khalsa. Plaintiffs' Motion to Compel Responses to Plaintiffs' First Set of Discovery (Doc. 189), and Defendants' Motion to Compel Responses to Defendants' Discovery Requests (Doc. 195), are granted in part and denied in part. (kmt)
December 17, 2021 Opinion or Order Filing 219 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik re #215 Notice (Other) of Filing Proof of Service of Subpoena (Attachments: #1 Exhibit 1 - Proof of Service) (Thomsen, Stacy)
December 17, 2021 Opinion or Order Filing 218 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik re #215 Notice (Other) of Filing Proof of Service of Subpoena (Attachments: #1 Exhibit 1 - Proof of Service) (Thomsen, Stacy)
December 17, 2021 Opinion or Order Filing 217 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik re #215 Notice (Other) of Filing Proof of Service of Subpoena (Attachments: #1 Exhibit 1 - Proof of Service) (Thomsen, Stacy)
December 14, 2021 Opinion or Order Filing 216 PROTECTIVE ORDER by Magistrate Judge Kirtan Khalsa. (kmt)
December 10, 2021 Opinion or Order Filing 215 NOTICE by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik of Subpoena (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Thomsen, Stacy)
December 9, 2021 Opinion or Order Filing 214 ORDER granting Joint Motion for Extension of Case Management Deadlines (Doc. 210) by Magistrate Judge Kirtan Khalsa. Motions seeking additional discovery due by 5/2/2022. Discovery due by 6/1/2022. Discovery motions due by 6/22/2022. Pretrial motions due by 7/21/2022. (kmt)
December 8, 2021 Opinion or Order Filing 213 NOTICE of Appearance by Caroline Elizabeth Bressman on behalf of Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik (Bressman, Caroline)
December 8, 2021 Opinion or Order Filing 212 NOTICE of Appearance by Rachhana Srey on behalf of Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik (Srey, Rachhana)
December 8, 2021 Opinion or Order Filing 211 NOTICE of Appearance by Paul Lukas on behalf of Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik (Lukas, Paul)
December 7, 2021 Opinion or Order Filing 210 Joint MOTION to Extend (other) Case Management Deadlines by Magellan Health, Inc.. (Attachments: #1 Exhibit Proposed Order) (Temple, Mark)
December 6, 2021 Opinion or Order Filing 209 Joint MOTION for Protective Order (Stipulated Protective) And Production Order by Magellan Health, Inc.. (Attachments: #1 Affidavit Declaration of Tosha Larios, #2 Exhibit Proposed Order) (Temple, Mark)
November 26, 2021 Opinion or Order Filing 208 NOTICE of Briefing Complete by Magellan HSRC, Inc., Magellan Health, Inc. re #195 MOTION to Compel Responses to Discovery Requests filed by Magellan Health, Inc. (Valdez, Carrie)
November 26, 2021 Opinion or Order Filing 207 REPLY to Response to Motion re #195 MOTION to Compel Responses to Discovery Requests filed by Magellan HSRC, Inc., Magellan Health, Inc.. (Attachments: #1 Exhibit Declaration of Mark D. Temple) (Valdez, Carrie)
November 23, 2021 Opinion or Order Filing 206 ORDER by Magistrate Judge Kirtan Khalsa. The parties' Joint Motion for Extension of Deadline to Seek Relief Under D.N.M.LR-Civ. 37.1 (Doc. 205) is granted. The deadline to seek relief under D.N.M.LR-Civ. 37.1 for Plaintiffs' Second Set of Discovery is extended to 14 days after the Court issues a ruling on Plaintiffs' First Motion to Compel (Doc. 189). (kmt)
November 23, 2021 Opinion or Order Filing 205 Joint MOTION to Extend (other) Deadline to Seek Relief Under D.N.M.L.R.-Civ-37.1 by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik. (Thomsen, Stacy)
November 11, 2021 Opinion or Order Filing 204 RESPONSE in Opposition re #195 MOTION to Compel Responses to Discovery Requests filed by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Affidavit of Stacy W. Thomsen ISO Plaintiffs' Opposition to Defendants' Motion to Compel, #2 Exhibit A) (Thomsen, Stacy)
November 11, 2021 Opinion or Order Filing 203 NOTICE of Briefing Complete by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik re #189 MOTION to Compel Responses to Plaintiffs' First Set of Discovery filed by Maureen Deakin, May Wojcik, Lesley Mitchell, Rachel Clerge, Dale Kessler (Thomsen, Stacy)
November 10, 2021 Opinion or Order Filing 202 DECLARATION re #201 Reply to Response to Motion by Stacy W. Thomsen ISO of Reply to Motion to Compel by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik (Thomsen, Stacy)
November 10, 2021 Opinion or Order Filing 201 REPLY to Response to Motion re #189 MOTION to Compel Responses to Plaintiffs' First Set of Discovery filed by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik. (Thomsen, Stacy)
November 10, 2021 Opinion or Order Filing 200 NOTICE of Appearance by Gilbert Brosky on behalf of All Defendants (Brosky, Gilbert)
November 10, 2021 Opinion or Order Filing 199 NOTICE of Appearance by Jeffrey Vlasek on behalf of All Defendants (Vlasek, Jeffrey)
November 10, 2021 Opinion or Order Filing 198 NOTICE of Appearance by Justin Anthony Guilfoyle on behalf of All Defendants (Guilfoyle, Justin)
November 10, 2021 Opinion or Order Filing 197 **FILED IN ERROR** NOTICE of Appearance by Jeffrey Vlasek on behalf of All Defendants (Vlasek, Jeffrey) Modified text on 11/10/2021 (mjr).
November 10, 2021 Opinion or Order Filing 196 NOTICE of Appearance by Carrie A Valdez on behalf of All Defendants (Valdez, Carrie)
October 28, 2021 Opinion or Order Filing 195 MOTION to Compel Responses to Discovery Requests by Magellan Health, Inc.. (Attachments: #1 Affidavit Declaration of Mark Temple) (Temple, Mark)
October 28, 2021 Opinion or Order Filing 194 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Margaret I. Strickland as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge Kea W. Riggs no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (meq)
October 27, 2021 Opinion or Order Filing 193 RESPONSE in Opposition re #189 MOTION to Compel Responses to Plaintiffs' First Set of Discovery filed by Magellan HSRC, Inc.. (Attachments: #1 Affidavit Declaration of Mark Temple, #2 Affidavit Declaration of Jennifer Sebacher, #3 Affidavit Declaration of Andrew Cummings, #4 Affidavit Declaration of Dianna Marshall) (Temple, Mark)
October 22, 2021 Opinion or Order Filing 192 NOTICE OF WITHDRAWAL OF DOCUMENT by Magellan Health, Inc. (Temple, Mark)
October 15, 2021 Opinion or Order Filing 191 ORDER GRANTING EXTENSION OF TIME by Magistrate Judge Kirtan Khalsa. The parties' Joint Motion for Extension of Time to File Supplemental Briefing or Notice of Withdrawal of Joint Motion for Stipulated Protective and Production Order (Doc. 190) is granted. The parties' Supplemental Briefing or Notice of Withdrawal of Joint Motion for Stipulated Protective and Production Order is due by 10/22/2021. (kmt)
October 15, 2021 Opinion or Order Filing 190 Joint MOTION to Extend (other) Time to File Supplemental Briefing or Notice of Withdrawal of Joint Motion for Stipulated Protective and Production Order by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Proposed Order) (Hedgpeth, Travis)
October 13, 2021 Opinion or Order Filing 189 MOTION to Compel Responses to Plaintiffs' First Set of Discovery by Rachel Clerge, Maureen Deakin, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Affidavit of Stacy W. Thomsen ISO Plaintiffs' Opposition to Defendants' Motion to Compel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L) (Thomsen, Stacy)
October 5, 2021 Opinion or Order Filing 188 ORDER FOR SUPPLEMENTAL BRIEFING by Magistrate Judge Kirtan Khalsa. By 10/15/2021, the parties shall submit supplemental briefing that addresses the apparent violations of 42 C.F.R. 2.64 in the "[Proposed] Stipulated Protective and Production Order" (Doc. 181-1) attached to the parties' Joint Motion for Stipulated Protective and Production Order (Doc. 181). (kmt)
October 5, 2021 Opinion or Order Filing 187 ORDER by Magistrate Judge Kirtan Khalsa. The parties' Joint Motion for Extension of Case Management Deadlines (Doc. 186) is granted. Motions seeking additional discovery are due by 1/3/2022. Discovery is due by 2/1/2022. Discovery motions are due by 2/22/2022. Pretrial motions are due by 3/21/2022. (kmt)
September 30, 2021 Opinion or Order Filing 186 Joint MOTION to Extend (other) Case Management Deadlines by Magellan Healthcare, Inc.. (Attachments: #1 Exhibit Proposed Order) (Temple, Mark)
September 28, 2021 Opinion or Order Filing 185 ORDER GRANTING EXTENSION OF DEADLINE by Magistrate Judge Kirtan Khalsa. The parties' Joint Motion for Extension of Deadline to Seek Relief Under D.N.M.LR-Civ. 37.1 (Doc. 184) is granted. The deadline to seek relief under D.N.M.LR-Civ. 37.1 is extended to 10/13/2021. (kmt)
September 27, 2021 Opinion or Order Filing 184 Joint MOTION to Extend (other) Deadline to Seek Relief Under D.N.M.LR-Civ 37.1 by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Thomsen, Stacy)
September 27, 2021 Opinion or Order Filing 183 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik of Withdrawal (Attachments: #1 Exhibit A- Jessica Gasior Withdrawal, #2 Exhibit B - Judith Jimenez Withdrawal) (Thomsen, Stacy)
September 23, 2021 Opinion or Order Filing 182 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik of Withdrawal (Attachments: #1 Exhibit A - Amy Cathey Withdrawal, #2 Exhibit B - Cheryl Johnson Withdrawal, #3 Exhibit C - Deborah Chasin Withdrawal, #4 Exhibit D - Katrina Ferrales Withdrawal, #5 Exhibit E - Michael Kunz Withdrawal, #6 Exhibit F - Oketa Winn Withdrawal) (Thomsen, Stacy)
September 22, 2021 Opinion or Order Filing 181 Joint MOTION for Protective Order and Production Order (Stipulated) by Magellan Health, Inc.. (Attachments: #1 Exhibit Proposed Order) (Temple, Mark)
August 31, 2021 Opinion or Order Filing 180 ORDER EXTENDING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Parties to seek relief under D.N.M.LR-Civ. 37.1 by 09/29/2021. Motions seeking additional discovery to be filed by 11/01/2021. Discovery to be completed by 12/01/2021. Motions relating to discovery due by 12/22/2021. Other pretrial motions to be filed by 01/21/2022. (tl)
August 27, 2021 Opinion or Order Filing 179 Joint MOTION to Extend (other) Case Management Deadlines by Magellan HSRC, Inc.. (Temple, Mark)
June 1, 2021 Opinion or Order Filing 178 ORDER QUASHING ORDER TO SHOW CAUSE AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. The Court's Order to Show Cause (Doc. 175) is quashed. Case management deadlines are extended as follows. Plaintiffs' expert disclosures due by 7/30/2021. Defendants' expert disclosures due by 8/30/2021. Motions seeking additional discovery due by 8/30/2021. Discovery due by 10/1/2021. Discovery motions due by 10/22/2021. Pretrial motions due by 11/15/2021. (kmt)
May 27, 2021 Opinion or Order Filing 177 Joint Status Report by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik (Hedgpeth, Travis)
May 21, 2021 Opinion or Order Filing 176 Joint RESPONSE to Order to Cure and Show Cause re #175 Order to Show Cause, filed by Maureen Deakin. (Braziel, J.)
May 20, 2021 Opinion or Order Filing 175 ORDER TO CURE AND TO SHOW CAUSE by Magistrate Judge Kirtan Khalsa. By 5/27/2021, the parties shall: (1) cure their ongoing failure to comply with the Court's Order Granting Joint Motion to Extend Stay (Doc. 171) by filing the Joint Status Report required therein; and, (2) show cause, in writing, why the Court should not impose sanctions for their failure to timely comply with the Court's Order. (kmt)
April 2, 2021 Opinion or Order Filing 174 ORDER GRANTING REED SMITH LLP'S MOTION TO WITHDRAW by Magistrate Judge Kirtan Khalsa. The Unopposed Motion to Withdraw Reed Smith LLP as Counsel of Record for Named Defendants (Doc. 173) filed by Reed Smith LLP is granted. Reed Smith LLP, Mark R. Phillips, Heather Marie Martone, Mona Razani, and Paige T. Bennett are permitted to withdraw as counsel of record for Defendants. (kmt)
March 25, 2021 Opinion or Order Filing 173 MOTION to Withdraw as Attorney UNOPPOSED MOTION TO WITHDRAW REED SMITH LLP AS COUNSEL OF RECORD FOR NAMED DEFENDANTS by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc.. (Attachments: #1 [Proposed] Order) (Phillips, Mark)
March 19, 2021 Opinion or Order Filing 172 ORDER DENYING UNOPPOSED MOTION TO WITHDRAW WITHOUT PREJUDICE by Magistrate Judge Kirtan Khalsa. Reed Smith LLP's Unopposed Notice of Withdrawal of Reed Smith LLP as Counsel of Record (Doc. 167) is denied without prejudice for failure to comply with Local Civil Rule 83.8(a). (kmt)
March 19, 2021 Opinion or Order Filing 171 ORDER GRANTING JOINT MOTION TO EXTEND STAY by District Judge Kea W. Riggs. The #170 Joint Motion to Extend Stay is GRANTED. This case is STAYED for sixty (60) days to allow the parties to resolve this matter. Within sixty (60) days of the issuance of this Order, the parties SHALL FILE a Joint Status Report. (ve)
March 18, 2021 Opinion or Order Filing 170 Joint MOTION to Extend (other) Stay by Magellan HSRC, Inc., Magellan Health, Inc.. (Temple, Mark)
December 18, 2020 Opinion or Order Filing 169 ORDER TO STAY PROCEEDINGS by District Judge Kea W. Riggs. The #168 Joint Motion to Stay is GRANTED. This case is stayed for ninety (90) days to allow the parties to focus their resources on resolving this matter. (ve)
December 17, 2020 Opinion or Order Filing 168 Joint MOTION to Stay Proceedings by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Attachments: #1 Proposed Order) (Hedgpeth, Travis)
December 9, 2020 Opinion or Order Filing 167 MOTION to Withdraw as Attorney UNOPPOSED NOTICE OF WITHDRAWAL OF REED SMITH LLP AS COUNSEL OF RECORD by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 [Proposed] Order) (Razani, Mona)
September 14, 2020 Opinion or Order Filing 166 NOTICE of Appearance by Stacy Wisner Thomsen on behalf of All Plaintiffs (Thomsen, Stacy)
July 14, 2020 Opinion or Order Filing 165 NOTICE of Change of Address by J. Derek Braziel (Braziel, J.)
July 10, 2020 Opinion or Order Filing 164 NOTICE of Change of Address by Mark D. Temple (Temple, Mark)
June 25, 2020 Opinion or Order Filing 163 NOTICE by Maureen Deakin of Withdrawal of Consents (Braziel, J.)
June 5, 2020 Opinion or Order Filing 162 CERTIFICATE OF SERVICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik (Hedgpeth, Travis) Plaintiffs First Set of Document Requests and Plaintiffs First Set of Interrogatories (cmm)
June 4, 2020 Opinion or Order Filing 161 ORDER EXTENDING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. The parties' Joint Motion to Modify the Scheduling Order to Extend Deadlines Pursuant to Federal Rule of Civil Procedure 16 and Local Rules of Civil Procedure for the District of New Mexico Rule 16.1 (Doc. 160) is granted. Plaintiffs' expert disclosures due by 3/1/2021. Defendants' expert disclosures due by 3/31/2021. Motions seeking additional discovery due by 3/31/2021. Discovery due by 5/3/2021. Discovery motions due by 5/24/2021. Pretrial motions due by 6/16/2021. (kmt)
June 4, 2020 Opinion or Order Filing 160 Joint MOTION to Extend (other) Deadlines in Scheduling Order by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Hedgpeth, Travis)
June 3, 2020 Opinion or Order Filing 159 **FILED IN ERROR** Joint MOTION to Extend (other) Deadlines in Scheduling Order by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Hedgpeth, Travis) Modified on 6/4/2020 (filed in error per attorney T. Hedgpeth as signatures were omitted from this version) (cmm).
March 17, 2020 Opinion or Order Filing 158 NOTICE by Magellan HSRC, Inc., Magellan Health, Inc. Defendants Magellan Health Inc.'s and Magellan HRSC, Inc.'s Notice of Errata Re: Proofs of Service [Dkt. #s 156 and 157] (Phillips, Mark)
March 17, 2020 Opinion or Order Filing 157 CERTIFICATE OF SERVICE by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation Re Interrogatories to Plaintiffs (Phillips, Mark)
March 17, 2020 Opinion or Order Filing 156 CERTIFICATE OF SERVICE by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation Re Request for Production of Documents to Plaintiffs (Phillips, Mark)
February 27, 2020 Opinion or Order Filing 155 Association Dues: $ 200 paid, receipt number # SF003291 re: 153 Association of Attorney Licensed Outside the District, filed by Defendant Magellan Health Services of New Mexico, Inc., 154 Association of Attorney Licensed Outside the District,, filed by Defendant Magellan Health Services of New Mexico, Inc. (mjr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 27, 2020 Opinion or Order Filing 154 ASSOCIATION of Attorney Licensed Outside the District for Defendant Magellan Health Services of New Mexico, Inc. by Randy S. Bartell on behalf of: Heather Martone Reed Smith LLP 355 South Grand Avenue | Suite 2800Los Angeles | CA | 90071 213.457.8182 Fax 213.457.8080 hmartone@reedsmith.com (Association Dues - Deliver Payment) (Bartell, Randy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 27, 2020 Opinion or Order Filing 153 ASSOCIATION of Attorney Licensed Outside the District for Defendant Magellan Health Services of New Mexico, Inc. by Randy S. Bartell on behalf of: Mona A. Razani Reed Smith LLP 355 South Grand Avenue, Suite 2800Los Angeles, CA 90071 213.-457-8188 Fax 213.457.8080 MRazani@reedsmith.com (Association Dues - Deliver Payment) (Bartell, Randy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 27, 2020 Opinion or Order Filing 152 NOTICE by Magellan Health, Inc. re 151 Association of Attorney Licensed Outside the District, Certification Pursuant to DNM LR CIV 83.3 (Bartell, Randy)
February 27, 2020 Opinion or Order Filing 151 FILED IN ERROR - ASSOCIATION of Attorney Licensed Outside the District for Defendant Magellan Health Services of New Mexico, Inc. by Randy S. Bartell (Association Dues - Deliver Payment) (Bartell, Randy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified docket text on 2/27/2020 (ln).
February 27, 2020 Opinion or Order Filing 150 NOTICE by Magellan Health, Inc. re 149 Association of Attorney Licensed Outside the District, Certification Pursuant to DNM LR CIV 83.3 (Bartell, Randy)
February 27, 2020 Opinion or Order Filing 149 FILED IN ERROR - ASSOCIATION of Attorney Licensed Outside the District for Defendant Magellan HSRC, Inc. by Randy S. Bartell (Association Dues - Deliver Payment) (Bartell, Randy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified docket text on 2/27/2020 (ln).
February 3, 2020 Opinion or Order Filing 148 STIPULATION of Dismissal in Regards to Certain Defendants without Prejudice by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler (Siegel, Jack)
January 27, 2020 Opinion or Order Filing 147 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Plaintiffs' expert disclosures due by 8/31/2020. Defendants' expert disclosures due by 9/30/2020. Motions seeking additional discovery due by 9/30/2020. Discovery due by 10/30/2020. Discovery motions due by 11/19/2020. Pretrial motions due by 12/15/2020. The portion of Plaintiffs' Opposed Motion to Compel Defendant to Comply with Court Order and Request for Status Conference (Doc. 139) previously taken under advisement (Doc. 143) is denied. (kmt)
January 27, 2020 Opinion or Order Filing 146 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Continued Telephonic Rule 16 Scheduling Conference held on 1/24/2020. (Recording Info: ABQ-MJ6thFloorSouth_20200124_135325.dcr) (kmt)
January 22, 2020 Opinion or Order Filing 145 Joint Status Report by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik (Siegel, Jack)
January 15, 2020 Opinion or Order Filing 144 REPLY to Response to Motion re #139 Opposed MOTION Status Conference or Order re #135 Initial Scheduling Order,, Set Hearings,,, #134 Scheduling Conference to Compel Defendant to Comply with Court Order & Request for Status Conference filed by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler. (Siegel, Jack)
January 13, 2020 Opinion or Order Filing 143 ORDER GRANTING IN PART, DENYING IN PART, AND TAKING UNDER ADVISEMENT IN PART PLAINTIFFS' JANUARY 7, 2020 MOTION by Magistrate Judge Kirtan Khalsa. Plaintiffs' Opposed Motion to Compel Defendant to Comply with Court Order and Request for Status Conference (Doc. 139) is granted in part, denied in part, and taken under advisement in part. The Court's 12/16/2019 deadlines are reset as described herein. The Telephonic Rule 16 Scheduling Conference previously set for 1/16/2020 at 1:00 PM is vacated and is reset for 1/24/2020 at 2:00 PM. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Plaintiffs' request for a separate status conference is denied. The remaining portions of Plaintiffs' motion are taken under advisement. (kmt)
January 9, 2020 Opinion or Order Filing 141 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler re #139 Opposed MOTION Status Conference or Order re #135 Initial Scheduling Order, Set Hearings, #134 Scheduling Conference to Compel Defendant to Comply with Court Order & Request for Status Conference of Supplemental Exhibit in Support (Attachments: #1 Exhibit Ex. A - 1.9.19 Letter to Mark Phillips) (Siegel, Jack) Modified on 1/10/2020 (cmm).
January 8, 2020 Opinion or Order Filing 140 ORDER SETTING RESPONSE DEADLINE by Magistrate Judge Kirtan Khalsa. Defendants shall file their response in opposition to Plaintiffs' Opposed Motion to Compel Defendant[s] to Comply with Court Order and Request for Status Conference (Doc. 139) by the close of business on Friday, January 10, 2020. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt)
January 7, 2020 Opinion or Order Filing 139 Opposed MOTION Status Conference or Order re #135 Initial Scheduling Order, Set Hearings, #134 Scheduling Conference to Compel Defendant to Comply with Court Order & Request for Status Conference by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Siegel, Jack) Modified on 1/8/2020 (cmm).
January 7, 2020 Opinion or Order Filing 138 ORDER DENYING NOTICE AND REQUEST by Magistrate Judge Kirtan Khalsa. Plaintiffs' Notice of Failure to Comply with Court Order and Request for Status Conference (Doc. 137) is denied. (kmt)
January 6, 2020 Opinion or Order Filing 137 NOTICE by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler re #134 Scheduling Conference of Failure to Comply with Court Order & Request for Status Conference (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Siegel, Jack)
January 3, 2020 Opinion or Order Filing 136 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge William P. Johnson no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
December 30, 2019 Opinion or Order Filing 135 ORDER CONTINUING SCHEDULING CONFERENCE by Magistrate Judge Kirtan Khalsa. The parties' Fourth Amended Joint Status Report and Provisional Discovery Plan is due by 12:00 PM on 1/15/2020. The Telephonic Rule 16 Scheduling Conference held on 12/16/2019 at 10:30 AM is continued to 1/16/2020 at 01:00 PM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. (kmt)
December 16, 2019 Opinion or Order Filing 134 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Rule 16 Initial Scheduling Conference held on 12/16/2019. (kmt)
December 13, 2019 Opinion or Order Filing 133 Third Amended Joint Status Report by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik (Siegel, Jack) Modified on 12/16/2019 to reflect Third Amended (cmm).
December 10, 2019 Opinion or Order Filing 132 ORDER GRANTING JOINT MOTION TO EXTEND TIME TO SUBMIT JOINT STATUS REPORT by Magistrate Judge Kirtan Khalsa. The parties' Joint Motion to Extend Time to Submit Joint Status Report and Provisional Discovery Plan (Doc. 131) is GRANTED. Plaintiffs shall file the parties' Third Amended Joint Status Report and Provisional Discovery Plan no later than 12/13/2019. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt)
December 9, 2019 Opinion or Order Filing 131 Joint MOTION to Extend (other) Deadline to File Joint Status Report & Provisional Discovery Plan by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Siegel, Jack)
December 3, 2019 Opinion or Order Filing 130 ORDER GRANTING UNOPPOSED MOTION TO EXTEND TIME TO FILE JOINT STATUS REPORT by Magistrate Judge Kirtan Khalsa. Plaintiffs' Unopposed Motion to Extend Time to Submit Joint Status Report and Provisional Discovery Plan (Doc. 129) is GRANTED. Plaintiffs shall file the parties' Third Amended Joint Status Report and Provisional Discovery Plan by 12/9/2019. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt)
December 2, 2019 Opinion or Order Filing 129 Unopposed MOTION for Extension of Time to File Joint Status Report & Provisional Discovery Plan by Rachel Clerge, Maureen Deakin, Cheryl Johnson, Dale Kessler, Lesley Mitchell, May Wojcik. (Siegel, Jack)
December 2, 2019 Opinion or Order Filing 128 NOTICE by Magellan Health, Inc. Certification Pursuant to DNM LR CIV 83.3 (Bartell, Randy)
December 2, 2019 Opinion or Order Filing 127 Association Dues: $ 100 paid, receipt number # SF003249 re: 126 Association of Attorney Licensed Outside the District, filed by Defendant Magellan Health, Inc. (gr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 2, 2019 Opinion or Order Filing 126 ASSOCIATION of Attorney Licensed Outside the District for Defendant Magellan Health, Inc. by Randy S. Bartell on behalf of: Mark R. Phillips Reed Smith LLP 355 S. Grand Avenue, Suite 2900Los Angeles, California 90071 (213) 457-8000 Fax (213) 457-8080 mphillips@reedsmith.com (Association Dues - Deliver Payment) (Bartell, Randy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 2, 2019 Opinion or Order Filing 125 ***FILED IN ERROR*** ASSOCIATION of Attorney Licensed Outside the District for Defendant Magellan Health, Inc. by Randy S. Bartell on behalf of: Mark R. Phillips Reed Smith LLP 811 Main Street, Suite 1700Houston, TX 77002-6110 713 469 3800 Fax 713 469 3899 MPhillips@reedsmith.com (Association Dues - Deliver Payment) (Bartell, Randy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified text on 12/2/2019 due to wrong information for out of district attorney (gr).
November 26, 2019 Opinion or Order Filing 124 NOTICE by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation re #121 Amended Complaint (Temple, Mark)
November 21, 2019 Opinion or Order Filing 123 NOTICE of Appearance by Travis Hedgpeth on behalf of All Plaintiffs (Hedgpeth, Travis)
November 7, 2019 Opinion or Order Filing 122 Defendants' ANSWER to #121 Amended Complaint by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation.(Temple, Mark)
October 17, 2019 Opinion or Order Filing 121 AMENDED COMPLAINT against Maureen Deakin. adding Rachel Clerge, Cheryl Johnson, Lesley Mitchell, May Wojcik and Dale Kessler., filed by Maureen Deakin. (Siegel, Jack)
October 17, 2019 Opinion or Order Filing 120 SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Plaintiff is to file the Second Amended Class and Collective Action Complaint (Doc. 114-1) attached to her Motion for Leave to Amend Complaint to Add Party and Claims (Doc. 114) by 10/21/2019. Counsel are to meet and confer by 11/18/2019. The parties' Third Amended Joint Status Report and Provisional Discovery Plan is due by 12/2/2019. A Telephonic Rule 16 Scheduling Conference is set for 12/16/2019 at 10:30 AM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. (kmt)
October 16, 2019 Opinion or Order Filing 119 MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson GRANTING #114 Opposed Motion for Leave to File Second Amended Complaint. (mag)
May 19, 2019 Opinion or Order Filing 118 NOTICE of Briefing Complete by Maureen Deakin re #114 Opposed MOTION for Leave to File Second Amended Complaint filed by Maureen Deakin (Siegel, Jack)
May 19, 2019 Opinion or Order Filing 117 REPLY to Response to Motion re #114 Opposed MOTION for Leave to File Second Amended Complaint filed by Maureen Deakin. (Attachments: #1 Exhibit A) (Siegel, Jack)
May 16, 2019 Opinion or Order Filing 116 RESPONSE in Opposition re #114 Opposed MOTION for Leave to File Second Amended Complaint filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
May 2, 2019 Opinion or Order Filing 115 ORDER by Magistrate Judge Kirtan Khalsa. Upon the Court's review of Plaintiff's Motion for Leave to Amend Complaint to Add Party and Claims (Doc. 114) and upon review of the JSR, it is not appropriate to hold a status conference at this time. The telephonic status conference set for 5/3/2019 is hereby VACATED. The Court will reset this conference at a later date. (tkl) [This is a text-only entry. There are no documents attached.]
May 2, 2019 Opinion or Order Filing 114 Opposed MOTION for Leave to File Second Amended Complaint by Maureen Deakin. (Attachments: #1 Exhibit A, #2 Exhibit B) (Siegel, Jack)
May 2, 2019 Opinion or Order Filing 113 Joint Status Report by Maureen Deakin (Siegel, Jack)
April 12, 2019 Opinion or Order Filing 112 Order Extending Deadline to File Joint Status Report and Provisional Discovery Plan (JSR) by Magistrate Judge Kirtan Khalsa. The deadline to file the JSR is hereby extended to April 25, 2019. (tkl) [This is a text-only entry. There are no documents attached.]
April 11, 2019 Opinion or Order Filing 111 Unopposed MOTION for Extension of Time to File Joint Status Report and Provisional Discovery Plan by Magellan Healthcare, Inc.. (Attachments: #1 Proposed Order) (Temple, Mark)
March 27, 2019 Opinion or Order Filing 110 NOTICE by Maureen Deakin of Withdrawal of Consents (Carter and Butler) (Braziel, J.)
March 20, 2019 Opinion or Order Filing 109 ORDER Resetting Status Conference by Magistrate Judge Kirtan Khalsa. The Telephonic Status Conference set for 4/16/2019 is VACATED and is hereby RESET for 5/3/2019 at 11:00 AM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's AT&T Connect conference line (877) 848-7030 and enter Code: 7324132 to connect to the proceedings. (tkl)
March 19, 2019 Opinion or Order Filing 108 Unopposed MOTION to Reset Status Conference by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit A) (Temple, Mark)
March 4, 2019 Opinion or Order Filing 107 Order Setting Case Management Deadlines by Magistrate Judge Kirtan Khalsa. Deadline for Plaintiffs to move to amend the pleadings and join additional parties is 6/11/2019; Deadline for Defendants to move to amend the pleadings and join additional parties is 7/11/2019; Deadline for Parties to file a revised joint discovery and case management plan is 4/11/2019. A telephonic Status Conference is set for 4/16/2019 at 09:30 AM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's AT&T Connect conference line (877) 848-7030 and enter Code: 7324132 to connect to the proceedings. (tkl)
March 4, 2019 Opinion or Order Filing 106 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Status Conference held on 3/4/2019. (tkl)
February 25, 2019 Opinion or Order Filing 105 NOTICE of Hearing:Telephonic Status Conference set for 3/4/2019 at 09:30 AM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's AT&T Connect conference line (877) 848-7030 and enter Code: 7324132 to connect to the proceedings. (tkl)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 25, 2019 Opinion or Order Filing 104 Joint Status Report and Provisional Discovery Plan by Magellan Health, Inc. (Temple, Mark)
February 19, 2019 Opinion or Order Filing 103 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Geanna Butler Consent) (Braziel, J.)
February 1, 2019 Opinion or Order Filing 102 ORDER by Magistrate Judge Kirtan Khalsa granting #101 Motion to Extend. The new deadline for submitting the parties' proposed case management deadlines pertaining to phase two discovery is February 11, 2019. (tkl)[This is a text-only entry. There are no documents attached.]
February 1, 2019 Opinion or Order Filing 101 Joint MOTION to Extend (other) Time to File Joint Discovery Plan Pertaining to Phase Two Deadlines by Magellan HSRC, Inc.. (Temple, Mark)
January 28, 2019 Opinion or Order Filing 100 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Madonna Carter Consent, #2 Exhibit B Michelle Hemmings Consent, #3 Exhibit C William Hill Consent, #4 Exhibit D Susan Luscomb Consent, #5 Exhibit E Patti Macomber Consent, #6 Exhibit F Delia Munoz Consent, #7 Exhibit G Susan Meyer-Neupert Consent, #8 Exhibit H Erika Ortiz Consent, #9 Exhibit I Debra Peterson Consent) (Braziel, J.)
January 22, 2019 Opinion or Order Filing 99 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Diana Meier Consent) (Braziel, J.)
January 17, 2019 Opinion or Order Filing 98 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Terri Barton Consent, #2 Exhibit B Randall Berner Consent, #3 Exhibit C Amy Cathey Consent, #4 Exhibit D Susan Gable Consent, #5 Exhibit E Christine Suteliffe Consent, #6 Exhibit F Leon Vanasse Consent, #7 Exhibit G Stacy Vigil Consent) (Braziel, J.)
January 16, 2019 Opinion or Order Filing 97 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Andrea Jones Consent) (Braziel, J.)
January 16, 2019 Opinion or Order Filing 96 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Kristin Donahue Consent, #2 Exhibit B Lalaine Ramos Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 95 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Andrea Stewart Consent, #2 Exhibit B Marva Cudjoe Consent, #3 Exhibit C James Doris Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 94 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Ava Blair Consent, #2 Exhibit B Barbara Callahan Consent, #3 Exhibit C Rachel Clerge Consent, #4 Exhibit D Rebecca Edgecumbe Consent, #5 Exhibit E Roger Gunther Consent, #6 Exhibit F Shanmei Lo Consent, #7 Exhibit G Elizabeth Messinger Consent, #8 Exhibit H Rachele Pierre-Louis Consent, #9 Exhibit I Craig Rushing Consent, #10 Exhibit J Lydia Shawan Consent, #11 Exhibit K Meriel Shrestha Consent, #12 Exhibit L Erin Smith Consent, #13 Exhibit M Maya Spamer Consent, #14 Exhibit N Laura Turpin Consent, #15 Exhibit O Melanie Welzel Consent, #16 Exhibit P Darla Wynia Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 93 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Michelle Orsburn Consent, #2 Exhibit B Heather Vazquez Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 92 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Brenda Kasaty Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 91 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Coshele Clitso Consent, #2 Exhibit B Patricia Czosnyka Consent, #3 Exhibit C Rosa Gallegos-Samora Consent, #4 Exhibit D Carlette Johnson Consent, #5 Exhibit E Tammy Malcom Consent, #6 Exhibit F Marie Michel Consent, #7 Exhibit G Arleen Rodriguez Consent, #8 Exhibit H Teri Steinhoff Consent, #9 Exhibit I Debora Wickingson Consent, #10 Exhibit J Kia Wilson Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 90 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Natacha Grant Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 89 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Kerry Hospelhorn-Richie Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 88 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Justin Chang Consent, #2 Exhibit B Jessica Gasior Consent, #3 Exhibit C Tawana Herring Consent, #4 Exhibit D Lisa Steward-Brown Consent, #5 Exhibit E Ingrid Wilkerson Consent, #6 Exhibit F Kimberly Willmott Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 87 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A David Carter Consent, #2 Exhibit B Sandra Goolsby Consent, #3 Exhibit C Rosemarie Hall Consent, #4 Exhibit D Lisa Henderson Consent, #5 Exhibit E Tanisha Hubbard Consent, #6 Exhibit F Cheryl Johnson Consent, #7 Exhibit G Andrea Lancaster Consent, #8 Exhibit H Brianna Lauffer Consent, #9 Exhibit I Ryan Lckes Consent, #10 Exhibit J Liliana Maldonado Consent, #11 Exhibit K Katherine Potts Consent, #12 Exhibit L Christine Sande Consent, #13 Errata M Melodie Schwarz-Higgins Consent, #14 Exhibit N Angelica Villicana Consent, #15 Exhibit O Liza Weatherford Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 86 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Mary Blin Consent, #2 Exhibit B JoAnn Bova Consent, #3 Exhibit C Elizabeth Deja Consent, #4 Exhibit D Chastity Lawson Consent, #5 Exhibit E Stefeni Palumbo-Smith Consent, #6 Exhibit F Heather Petersen Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 85 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Shannon Annison Consent, #2 Exhibit B Donna Brunetti Consent, #3 Exhibit C Rebecca DeBary Consent, #4 Exhibit D Molly Doolittle Consent, #5 Exhibit E Florian Ezui Consent, #6 Exhibit F Shannon Moore Consent, #7 Exhibit G Martin Ponciano Consent, #8 Exhibit H Kenneth Reyes Consent, #9 Exhibit I Amanda Santoro Consent, #10 Exhibit J Kathleen Sullivan Consent, #11 Exhibit K David Watts Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 84 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Ricky Kimes Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 83 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Eileen Archibald Consent, #2 Exhibit B Stephen Baranowski Consent, #3 Exhibit C Verniecia Bell Consent, #4 Exhibit D Cynthia Criss Consent, #5 Exhibit E Natalya Drapkin Consent, #6 Exhibit F Sarah Ebert Consent, #7 Exhibit G Nikia Edwards Consent, #8 Exhibit H Kenneth Gerber Consent, #9 Exhibit I Kathleen Green Consent, #10 Exhibit J Rosemary Hodges Consent, #11 Exhibit K Judith Jimenez Consent, #12 Exhibit L Catherine Lemon Consent, #13 Exhibit M Renee Miles Consent, #14 Exhibit N Michelle Milliman Consent, #15 Exhibit O Alisa Plackett Consent, #16 Exhibit P Kimber Rogelstad Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 82 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Jessica Alonso Consent, #2 Exhibit B Deborah Barksdale Consent, #3 Exhibit C Patricia Campana Consent, #4 Exhibit D Carlos Campos Jr. Consent, #5 Exhibit E Christie Coffin Consent, #6 Exhibit F Helen Evans Consent, #7 Exhibit G Orlando Garcia Consent, #8 Exhibit H Delphine Green Consent, #9 Exhibit I Tina Hilliard Consent, #10 Exhibit J Mandy Jacquez Consent, #11 Exhibit K Janice Jones Consent, #12 Exhibit L Nora Kirsh Consent, #13 Exhibit M Michael Kunz Consent, #14 Exhibit N Novlett Lee Consent, #15 Exhibit O Terrie Nelson Consent, #16 Exhibit P Andrea Ramos Consent, #17 Exhibit Q Jane Rodriguez Consent, #18 Exhibit R Jana Sellers Consent, #19 Exhibit S Dana Snethen Consent, #20 Exhibit T Laura Swofford Consent, #21 Exhibit U Tamma Wright Consent, #22 Exhibit V Tiffany Wright Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 81 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Victoria Carrera Consent, #2 Exhibit B Claire Choutka Consent, #3 Exhibit C Domenic Cieri Consent, #4 Exhibit D Susan Cogan Consent, #5 Exhibit E Brehonda Cuff Consent, #6 Exhibit F Mary Cullen Consent, #7 Exhibit G Gloria Foss Consent, #8 Exhibit H Lori Gieseler Consent, #9 Exhibit I Nadine Graham Consent, #10 Exhibit J Valerie James Consent, #11 Exhibit K Dale Kessler Consent, #12 Exhibit L Carol Lee McGhee Consent, #13 Exhibit M Debbie Miller Consent, #14 Exhibit N Valerie Nowak Consent, #15 Exhibit O Lee Ann Palmer Consent, #16 Exhibit P Kristen Pettit Consent, #17 Exhibit Q Jennifer Salaverri Consent, #18 Exhibit R Jody Solander Consent, #19 Exhibit S Pamela Turner Consent, #20 Exhibit T Heather Tydings Consent, #21 Exhibit U Alfred White Jr. Consent, #22 Exhibit V Ariel Williams Consent, #23 Exhibit W Oketa Winn Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 80 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Cynthia Arnold Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 79 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Andaiye Hamilton Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 78 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Patrick Shanahan Consent, #2 Exhibit B Staci Short Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 77 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Abayomi Adebowale Consent, #2 Exhibit B Lois Berkowitz Consent, #3 Exhibit C Pamela Bowman Consent, #4 Exhibit D Carilla Branden Consent, #5 Exhibit E Wendy Dickerson Consent, #6 Exhibit F Janet Distefan Consent, #7 Exhibit G Kathyrn Engel Consent, #8 Exhibit H Nancy Fadar Consent, #9 Exhibit I Angela House Consent, #10 Exhibit J Brittany Houston Consent, #11 Exhibit K Melody Libby Consent, #12 Exhibit L Elizabeth Salmo Consent, #13 Exhibit M Hope Trachtenberg-Fifer Consent, #14 Exhibit N Nicole Whitney Consent, #15 Exhibit O Felicia Wormley Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 76 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A May Wojcik Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 75 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Martha Rollins Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 74 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Deborah Chasin Consent, #2 Exhibit B Carolina Gutierrez Consent, #3 Exhibit C Sandra Whitney Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 73 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Arlene LaFaire Consent, #2 Exhibit B Debra Roero Consent, #3 Exhibit C Yolanda Yeaman Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 72 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Steven Hill Consent, #2 Exhibit B Maria Morillo Consent, #3 Exhibit C Angela Sjullie Consent, #4 Exhibit D Keyonia Waters Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 71 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Trina Davis Consent, #2 Exhibit B Isadora Ferraro Consent, #3 Errata C Catherine Garcia Consent, #4 Exhibit D Jerisha Rutlin Consent, #5 Exhibit E Amy Teller Consent, #6 Exhibit F Teresh Wilson Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 70 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Katrina Ferrales Consent, #2 Exhibit B Linda Mullen Consent, #3 Exhibit C Phyllis Padilla Consent, #4 Exhibit D Trang Tran Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 69 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Sherrie Mintz Consent, #2 Exhibit B Lesley Mitchell Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 68 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Natasha Bailey Consent, #2 Exhibit B Tammy Brooks Consent, #3 Exhibit C Siriporn Cerber Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 67 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Sheilah Cameron Consent, #2 Exhibit B William Heidenreich Consent, #3 Exhibit C Carrie Holland-Lee Consent, #4 Exhibit D Hyun Joo Kim Consent, #5 Exhibit E Pam Lewis-Nunez Consent, #6 Exhibit F Molly Martin Consent, #7 Exhibit G Traci Medrano Consent, #8 Exhibit H Matthew Phinney Consent, #9 Exhibit I Alma Ramirez-Gonzales Consent) (Braziel, J.)
January 15, 2019 Opinion or Order Filing 66 NOTICE by Maureen Deakin Of Filing Additional Consents (Attachments: #1 Exhibit A Mui Leanne Gip Consent, #2 Exhibit B Jessica Shauger Consent) (Braziel, J.)
November 19, 2018 Opinion or Order Filing 65 NOTICE by Maureen Deakin of Sending Notices (Braziel, J.)
November 2, 2018 Opinion or Order Filing 64 ORDER by Chief District Judge William P. Johnson APPROVING Joint Response. (mag)
October 19, 2018 Opinion or Order Filing 63 JOINT RESPONSE re #62 Memorandum Opinion and Order filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit Notice, #2 Exhibit Consent) (Temple, Mark)
October 5, 2018 Opinion or Order Filing 62 MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson GRANTING #26 Motion for Notice to Potential Plaintiffs and Conditional Certification AS FURTHER DESCRIBED HEREIN. (mag)
September 30, 2018 Opinion or Order Filing 61 NOTICE by Maureen Deakin re #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification (Attachments: #1 Exhibit Ex. A - Deakin Declaration) (Siegel, Jack)
September 13, 2018 Opinion or Order Filing 60 Defendant's RESPONSE to Plaintiff's Notice of Supplemental Authorities re #59 Notice (Other) filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (Temple, Mark)
September 12, 2018 Opinion or Order Filing 59 NOTICE by Maureen Deakin re #58 Reply to Response to Motion, of Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B) (Siegel, Jack)
September 5, 2018 Opinion or Order Filing 58 REPLY to Response to Motion re #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit A) (Temple, Mark)
August 22, 2018 Opinion or Order Filing 57 ORDER by Chief District Judge William P. Johnson granting #55 Motion for Leave to File Surreply (meq)
August 15, 2018 Opinion or Order Filing 56 RESPONSE in Opposition re #55 MOTION for Leave to File Surreply filed by Maureen Deakin. (Attachments: #1 Exhibit Ex. A) (Siegel, Jack)
August 14, 2018 Opinion or Order Filing 55 MOTION for Leave to File Surreply by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
August 14, 2018 Opinion or Order Filing 54 STIPULATION Regarding Equitable Tolling by Maureen Deakin (Siegel, Jack)
August 7, 2018 Opinion or Order Filing 53 NOTICE of Briefing Complete by Maureen Deakin re #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification filed by Maureen Deakin (Siegel, Jack)
August 6, 2018 Opinion or Order Filing 52 REPLY to Response to Motion re #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification filed by Maureen Deakin. (Attachments: #1 Exhibit A - Job Descriptions, #2 Exhibit B - Job Descriptions, #3 Exhibit C - Plan Materials, #4 Exhibit D - Training Materials, #5 Exhibit E - Notice Redlined, #6 Exhibit F - Notice) (Siegel, Jack)
July 23, 2018 Opinion or Order Filing 51 RESPONSE in Opposition re #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Temple, Mark)
July 19, 2018 Opinion or Order Filing 50 ORDER by Magistrate Judge Kirtan Khalsa denying #46 Motion to Compel; denying #46 Motion for Extension of Time to File Response/Reply. (tkl)
July 19, 2018 Opinion or Order Filing 49 NOTICE of Briefing Complete by All Defendants re #46 Opposed MOTION to Compel Depositions of Plaintiff and opt-in plaintiffs MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification by 35 days after the Court's order granting this Motion filed by Magellan Health Services of New Mexico, Inc., Merit Behavioral Care Corporation, Magellan Health, Inc., Magellan HSRC, Inc., Magellan Healthcare, Inc. (Temple, Mark)
July 19, 2018 Opinion or Order Filing 48 REPLY to Response to Motion re #46 Opposed MOTION to Compel Depositions of Plaintiff and opt-in plaintiffs MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification by 35 days after the Court's order granting this Motion filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
July 18, 2018 Opinion or Order Filing 47 RESPONSE in Opposition re #46 Opposed MOTION to Compel Depositions of Plaintiff and opt-in plaintiffs MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification by 35 days after the Court's order granting this Motion filed by Maureen Deakin. (Siegel, Jack)
July 17, 2018 Opinion or Order Filing 46 Opposed MOTION to Compel Depositions of Plaintiff and opt-in plaintiffs, MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification by 35 days after the Court's order granting this Motion by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit) (Temple, Mark)
July 5, 2018 Opinion or Order Filing 45 Defendants' Answer and Affirmative Defenses to ANSWER to #32 Amended Complaint by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation.(Temple, Mark)
June 21, 2018 Opinion or Order Filing 44 MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson DENYING #35 Defendants Magellan Health, Inc., Magellan Healthcare, Inc., Magellan Health Services of New Mexico, Inc., Merit Behavioral Care Corporation, and Magellan HRSC, Inc.'s Motion to Dismiss Plaintiff's Class Action Allegations in her First Amended Complaint. (mag)
March 29, 2018 Opinion or Order Filing 43 NOTICE by Maureen Deakin of Filing Additional Consents (Attachments: #1 Exhibit A - Anne August Consent) (Braziel, J.)
February 22, 2018 Opinion or Order Filing 42 NOTICE by Maureen Deakin of Filing Additional Consents (Attachments: #1 Exhibit A - Arghavan Sadeghi Consent) (Braziel, J.)
February 21, 2018 Opinion or Order Filing 41 REPLY to Response to Motion re #35 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Attachments: #1 Exhibit Declaration by S. Philpott) (Temple, Mark)
February 7, 2018 Opinion or Order Filing 40 RESPONSE in Opposition re #35 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maureen Deakin. (Attachments: #1 Exhibit A - Case Management Job Family, #2 Exhibit B - CM Job Family, #3 Exhibit C - CM Job Family, #4 Exhibit D - CM Job Family, #5 Exhibit E- CM Job Family) (Siegel, Jack)
February 5, 2018 Opinion or Order Filing 39 ORDER by Magistrate Judge Kirtan Khalsa granting #38 Defendants Unopposed Motion to Reset Deadline for Defendants Response to Plaintiffs Motion for Conditional Certification. (tkl)
February 5, 2018 Opinion or Order Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
January 24, 2018 Opinion or Order Filing 37 ORDER by Magistrate Judge Kirtan Khalsa granting #36 Motion for Extension of Time to File Response/Reply re #36 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss Plaintiff's Class Action Allegations in Her First Amended Complaint. Response due by 2/6/2018. (tkl)
January 23, 2018 Opinion or Order Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss Plaintiff's Class Action Allegations in Her First Amended Complaint by Maureen Deakin. (Braziel, J.)
January 9, 2018 Opinion or Order Filing 35 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
December 26, 2017 Opinion or Order Filing 34 ORDER by District Judge William P. Johnson GRANTING Defendants' #33 Unopposed Motion to Reset Deadlines for Defendants' Answer to Plaintiffs First Amended Complaint and Their Response to Plaintiffs Motion for Conditional Certification. Defendants' responsive pleading to Plaintiffs First Amended Complaint [Dkt. 32] is due January 9, 2018. Defendants' Response to Plaintiff's Motion for Conditional Certification [Dkt. 26] is due February 10, 2018. (mag)
December 22, 2017 Opinion or Order Filing 33 Unopposed MOTION for Extension of Time to File Answer re #32 Amended Complaint , Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
December 12, 2017 Opinion or Order Filing 32 AMENDED COMPLAINT against All Defendants., filed by Maureen Deakin. (Braziel, J.)
December 12, 2017 Opinion or Order Filing 31 ORDER by District Judge William P. Johnson GRANTING #25 Plaintiff's Motion for Leave to File Amended Complaint, due to Defendants' Notice of Non-Opposition #30 . THIS IS A TEXT ONLY ENTRY. NO DOCUMENTS ARE ATTACHED. (mag)
December 11, 2017 Opinion or Order Filing 30 NOTICE of Non-Opposition by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation re #25 Opposed MOTION for Leave to File First Amended Complaint (Temple, Mark) Modified text on 12/12/2017 (kg).
November 27, 2017 Opinion or Order Filing 29 ORDER by Magistrate Judge Kirtan Khalsa granting #28 Unopposed Motion to Set Deadline for Defendant's Response to Plaintiff's Motion for Conditional Certification. Defendant's Response to Plaintiff's Motion for Conditional Certification shall be due thirty (30) days after Plaintiff's First Amended Complaint becomes the active pleading in this case, should that occur. (tkl) [This is a text-only entry. There are no documents attached.]
November 27, 2017 Opinion or Order Filing 28 Unopposed MOTION to Reset Deadline to Respond to Motion for Conditional Certification by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
November 6, 2017 Opinion or Order Filing 27 NOTICE by Maureen Deakin re #26 MOTION for Notice to Potential Plaintiffs and Conditional Certification of Supplemental Declaration (Attachments: #1 Exhibit Ex. A - Avonne Ball Dec) (Siegel, Jack)
October 24, 2017 Opinion or Order Filing 26 MOTION for Notice to Potential Plaintiffs and Conditional Certification by Maureen Deakin. (Attachments: #1 Exhibit Ex. A - Notice, #2 Exhibit Ex. B - Consent, #3 Exhibit Ex. C - Declaration, #4 Exhibit Ex. D - Declaration, #5 Exhibit Ex. E - Declaration, #6 Exhibit Ex. F - Declaration, #7 Exhibit Ex. G - Declaration, #8 Exhibit Ex. H - Proposed Order) (Siegel, Jack)
October 24, 2017 Opinion or Order Filing 25 Opposed MOTION for Leave to File First Amended Complaint by Maureen Deakin. (Attachments: #1 Exhibit Ex. A - First Amended Complaint) (Siegel, Jack)
October 23, 2017 Opinion or Order Filing 24 NOTICE by Maureen Deakin of Filing Additional Consents (Attachments: #1 Exhibit A - Avonne Bell Consent) (Braziel, J.)
October 20, 2017 Opinion or Order Filing 23 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Scheduling Conference held on 10/20/2017. (tkl)
October 20, 2017 Opinion or Order Filing 22 ORDER by Magistrate Judge Kirtan Khalsa Adopting Joint Status Report and Provisional Discovery Plan With Changes and Setting Case Management Deadlines. Phase One Case Management Deadlines: Discovery Deadline Relating to Conditional Certification ends on 12/4/2017; Plaintiff's Motion for Conditional Certification due by 11/20/2017; Defendants' Response due by 12/19/2017; Plaintiff's Reply due by 1/8/2018. (tkl)
October 19, 2017 Opinion or Order Filing 21 NOTICE of Appearance by Mark D. Temple on behalf of Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation (Temple, Mark)
October 16, 2017 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation of Defendants' Initial Disclosures (Temple, Mark)
October 11, 2017 Opinion or Order Filing 19 Joint Status Report by Maureen Deakin (Braziel, J.)
October 2, 2017 Opinion or Order Filing 18 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 16. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
September 28, 2017 Opinion or Order Filing 17 PLEASE TAKE NOTICE that this case has been reassigned to District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh)
September 27, 2017 Opinion or Order Filing 15 NOTICE by Maureen Deakin of Filing Additional Consents (Attachments: #1 Exhibit A - Kathleen Dennison Consent, #2 Exhibit B - Lee Ann Hoffman Consent, #3 Exhibit C - Selina Maduforo Consent, #4 Exhibit D - Sue Owen Consent, #5 Exhibit E - Sandra Snyder Consent) (Braziel, J.)
September 18, 2017 Opinion or Order Filing 14 ORDER by Magistrate Judge Kirtan Khalsa granting #13 Motion to Withdraw. Jesse H. Forester is hereby withdrawn as counsel for Plaintiff. (kc)
September 14, 2017 Opinion or Order Filing 13 MOTION to Withdraw Appearance of Jesse H. Forester by Maureen Deakin. (Attachments: #1 Proposed Order) (Braziel, J.)
September 13, 2017 Opinion or Order Filing 12 NOTICE by Magellan Health, Inc. of Unavailability rrom October 11, 2017 through October 13, 2017 and October 19, 2017 through October 23, 2017 (Bartell, Randy) Modified docket text on 9/14/2017 to include detail (kdh).
September 6, 2017 Opinion or Order Filing 11 INITIAL SCHEDULING ORDER: by Magistrate Judge Kirtan Khalsa. Joint Status Report due by 10/10/2017. Telephone Scheduling Conference set for 10/19/2017 at 10:30 AM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's "Meet Me" conference line at (505) 348-2347 to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 9/27/2017. (kc)
September 5, 2017 Opinion or Order Filing 10 Defendants' ANSWER to #1 Complaint, by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. Related document: #1 Complaint, filed by Maureen Deakin.(Temple, Mark)
August 30, 2017 Opinion or Order Filing 9 NOTICE by Magellan HSRC, Inc. OF CERTIFICATION PURSUANT TO D.N.M. LR-CIV. 83.3 (Bartell, Randy)
August 30, 2017 Opinion or Order Filing 8 Association Dues: $ 100 paid, receipt number # SF002824 re: 7 Association of Attorney Licensed Outside the District, filed by Defendant Magellan HSRC, Inc. (gr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 30, 2017 Opinion or Order Filing 7 ASSOCIATION of Attorney Licensed Outside the District for Defendant Magellan HSRC, Inc. by Randy S. Bartell on behalf of: Paige Taylor Bennett ReedSmith LLP 811 Main Street, Suite 1700Houston, TX 77002-6110 713-469-3873 Fax 713 469 3899 pbennett@reedsmith.com (Association Dues - Online Payment) (Bartell, Randy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 30, 2017 Opinion or Order Filing 6 NOTICE of Appearance by Randy S. Bartell on behalf of Magellan Health, Inc. (Bartell, Randy)
August 21, 2017 Opinion or Order Filing 5 ORDER by Magistrate Judge Kirtan Khalsa granting #4 Motion for Extension of Time to Answer. Defendants' responsive pleadings are due 09/05/2017. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
August 21, 2017 Opinion or Order Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (Temple, Mark)
August 1, 2017 Opinion or Order Filing 3 NOTICE by Maureen Deakin of Filing Additional Consents (Attachments: #1 Exhibit A - Francisco Alonzo Consent, #2 Exhibit B - Sherry Turner Consent) (Forester, Jesse)
July 31, 2017 Opinion or Order Summons Issued as to Magellan HSRC, Inc., Magellan Health Services of New Mexico, Inc., Magellan Health, Inc., Magellan Healthcare, Inc., Merit Behavioral Care Corporation. (iam)
July 27, 2017 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln)
July 27, 2017 Opinion or Order Filing 1 COMPLAINT against MAGELLAN HEALTH SERVICES OF NEW MEXICO, INC., MAGELLAN HEALTH, INC., MAGELLAN HEALTHCARE, INC., Magellan HSRC, Inc., Merit Behavioral Care Corporation ( Filing Fee - Online Payment), filed by Maureen Deakin. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Maureen Deakin Consent)(Braziel, J.)
July 27, 2017 Opinion or Order Filing and Administrative Fees Received: $ 400 receipt number 1084-5318597 re #1 Complaint, filed by Maureen Deakin (Payment made via Pay.gov)(Braziel, J.)
July 27, 2017 Opinion or Order United States Magistrate Judge Laura Fashing and United States Magistrate Judge Kirtan Khalsa assigned. (ln)

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Search for this case: Deakin v. Magellan Health, Inc., et al
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Defendant: Magellan HSRC, Inc.
Represented By: Mark R Phillips
Represented By: Paige T. Bennett
Represented By: Mona Razani
Represented By: Randy S. Bartell
Represented By: Mark D. Temple
Represented By: Heather Marie Martone
Represented By: Carrie A Valdez
Represented By: Gilbert Brosky
Represented By: Jeffrey Vlasek
Represented By: Justin Anthony Guilfoyle
Represented By: Lauren Stuy
Represented By: Matthew Somogye
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Defendant: Magellan Health, Inc.
Represented By: Mark R Phillips
Represented By: Paige T. Bennett
Represented By: Mona Razani
Represented By: Randy S. Bartell
Represented By: Mark D. Temple
Represented By: Heather Marie Martone
Represented By: Carrie A Valdez
Represented By: Gilbert Brosky
Represented By: Jeffrey Vlasek
Represented By: Justin Anthony Guilfoyle
Represented By: Lauren Stuy
Represented By: Matthew Somogye
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Defendant: Magellan Healthcare, Inc.
Represented By: Mark R Phillips
Represented By: Paige T. Bennett
Represented By: Randy S. Bartell
Represented By: Mark D. Temple
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Defendant: Magellan Health Services of New Mexico, Inc.
Represented By: Mark R Phillips
Represented By: Paige T. Bennett
Represented By: Randy S. Bartell
Represented By: Mark D. Temple
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Defendant: Merit Behavioral Care Corporation
Represented By: Mark R Phillips
Represented By: Paige T. Bennett
Represented By: Randy S. Bartell
Represented By: Mark D. Temple
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Plaintiff: Maureen Deakin
Represented By: J. Derek Braziel
Represented By: Travis Andrew Gasper
Represented By: Jesse Hamilton Forester
Represented By: Jack L. Siegel
Represented By: Travis Hedgpeth
Represented By: Stacy Wisner Thomsen
Represented By: Caroline Elizabeth Bressman
Represented By: Paul Lukas
Represented By: Rachhana Srey
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Plaintiff: Dale Kessler
Represented By: Travis Hedgpeth
Represented By: Caroline Elizabeth Bressman
Represented By: Paul Lukas
Represented By: Rachhana Srey
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Plaintiff: Rachel Clerge
Represented By: Travis Hedgpeth
Represented By: Caroline Elizabeth Bressman
Represented By: Paul Lukas
Represented By: Rachhana Srey
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Plaintiff: Cheryl Johnson
Represented By: Travis Hedgpeth
Represented By: Caroline Elizabeth Bressman
Represented By: Paul Lukas
Represented By: Rachhana Srey
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Plaintiff: May Wojcik
Represented By: Travis Hedgpeth
Represented By: Caroline Elizabeth Bressman
Represented By: Paul Lukas
Represented By: Rachhana Srey
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Plaintiff: Lesley Mitchell
Represented By: Travis Hedgpeth
Represented By: Caroline Elizabeth Bressman
Represented By: Paul Lukas
Represented By: Rachhana Srey
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