Amy Jovel v. I-Health, Inc.
Michael Yee and Amy Jovel |
I-Health, Inc. |
1:2012cv05614 |
November 14, 2012 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Marilyn D Go |
Fraud or Truth-In-Lending |
28 U.S.C. § 1441 Petition for Removal- Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on August 3, 2017. A more recent docket listing may be available from PACER.
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Filing 142 Letter Concerning Claims Submitted by Amy Jovel, Michael Yee (Attachments: #1 Affidavit) (Vozzolo, Antonio) |
Filing 141 TRANSCRIPT of Proceedings held on May 19, 2017, before Judge Go. Court Transcriber: Fiore Reporting and Transcription Service, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/4/2017. (Rocco, Christine) |
Filing 140 Letter to Honorable Marilyn D. Go by I-Health, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Spano, Frank) |
Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go:Motion Hearing held on 5/19/2017 re #132 MOTION for Final Approval of Class Action Settlement. Appearances by A. Vozzolo, V. Bunch for plaintiffs; F. Spano, J. Stephans for defendant. Argument held on motion. No putative class members or other persons appeared to object to the settlement and plaintiffs' counsel advised no objections were received. Counsel also provided further information on claims received. The Court requested plaintiffs to provide a supplemental declaration from the Claims Administrator summarizing the status of claims received as of the claims deadline of June 19, 2017 and defendant to set forth briefly its position on the risks plaintiffs face in this litigation. (FTR 11:09-11:31) (Go, Marilyn) |
Filing 139 NOTICE of Change of Firm Affiliation, Address, Telephone Number, and Email Address by Frank Thomas Spano (Spano, Frank) |
Filing 138 Letter in further support of Final Approval and attaching supplemental declaration of claims administrator by Amy Jovel, Michael Yee (Attachments: #1 Declaration of Admin) (Vozzolo, Antonio) |
Filing 137 Letter re: submission of contemporaneous time records by Amy Jovel, Michael Yee (Vozzolo, Antonio) |
Filing 136 AFFIDAVIT/DECLARATION in Support re #132 MOTION for Hearing for Final Approval of Class Action Settlement Proposed Final Approval Order and Judgment filed by Amy Jovel, Michael Yee. (Attachments: #1 Certificate of Service) (Vozzolo, Antonio) |
Filing 135 AFFIDAVIT/DECLARATION in Support re #132 MOTION for Hearing for Final Approval of Class Action Settlement - Patricia Syverson filed by Amy Jovel, Michael Yee. (Vozzolo, Antonio) |
Filing 134 AFFIDAVIT/DECLARATION in Support re #132 MOTION for Hearing for Final Approval of Class Action Settlement filed by Amy Jovel, Michael Yee. (Attachments: #1 Exhibit Decl. Claims Admin, #2 Exhibit Firm Resume F&F, #3 Exhibit Firm Resume Vozzolo, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Proposed Order) (Vozzolo, Antonio) |
Filing 133 MEMORANDUM in Support re #132 MOTION for Hearing for Final Approval of Class Action Settlement filed by Amy Jovel, Michael Yee. (Vozzolo, Antonio) |
Filing 132 MOTION for Hearing for Final Approval of Class Action Settlement by Amy Jovel, Michael Yee. (Vozzolo, Antonio) |
Filing 131 NOTICE of Appearance by Nadeem Faruqi on behalf of Amy Jovel, Michael Yee (aty to be noticed) (Faruqi, Nadeem) |
Filing 130 NOTICE of Change of Firm Affiliation and Address by Stewart M. Weltman (Weltman, Stewart) |
Filing 129 NOTICE by Amy Jovel, Michael Yee of Compliance with Scheduling Order dated January 27, 2017 (Attachments: #1 Exhibit) (Vozzolo, Antonio) |
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Filing 127 MOTION to Withdraw Consent to Referral of Case to Magistrate Judge. by I-Health, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit A) (Spano, Frank) |
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Filing 126 Letter In Opposition to Defendant's Request To Transfer by Amy Jovel, Michael Yee (Vozzolo, Antonio) |
Filing 125 STATUS REPORT (JOINT) by I-Health, Inc. (Spano, Frank) |
Filing 124 Letter to the Office of the Clerk of Court regarding transfer of Jovel to the docket of Judge Frederick Block and Magistrate Judge Steven M. Gold. by I-Health, Inc. (Spano, Frank) |
Minute Entry for proceedings held on 12/5/2016 before Magistrate Judge Marilyn D. Go: Appearances by telephone by A. Vizzolo for plaintiffs; F. Spano, J. Stephens for defendant. Discussion held regarding scheduling a fairness hearing on the notice. By 12/9/2016, the parties must submit a status report with a proposed schedule for class notice, submissions with respect to a fairness hearing, hearing and/or any other contemplated motions. FTR: 1:32-1:44 (Moo-Young, Jillian) |
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Filing 123 DECLARATION OF JEANNE M. CHERNILA REGARDING MAILING OF CAFA NOTICE UNDER 28 U.S.C SEC. 1715 by I-Health, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit c) (Colligan, Courtney) |
Filing 122 NOTICE of Appearance by Courtney Lynne Colligan on behalf of I-Health, Inc. (aty to be noticed) (Colligan, Courtney) |
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Filing 121 MOTION to Withdraw as Attorney of Shawna C. MacLeod by I-Health, Inc.. (Attachments: #1 Declaration, #2 Proposed Order) (Macleod, Shawna) |
Filing 120 Letter advising Court of correspondence with the Federal Trade Commission by I-Health, Inc. (Attachments: #1 Exhibit A - Letter to FTC from TINA - June 3 2016, #2 Exhibit B - Letter to FTC re TINA Letter - June 17 2016) (Spano, Frank) |
Filing 119 STATUS REPORT by I-Health, Inc. (Spano, Frank) |
Minute Entry for Status Conference held on 5/16/2016 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo for plaintiffs; F. Spano, S. MacLeod, J. Stephans for defendant. Discussion held regarding setting a new schedule for the class notice. The parties must file a report by 5/31/16 regarding the status of discussions, including discussions with the Worth and Alaino plaintiffs. The parties are requested to notify chambers when the Aliano case is opened in this district. FTR/C 1:07-1:12. (Hugh, Lewis) |
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Filing 118 TRANSCRIPT of Proceedings held on May 2, 2016, before Judge Go. Court Transcriber: Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/10/2016. Release of Transcript Restriction set for 8/8/2016. (Rocco, Christine) |
Minute Entry for Status Conference held on 5/9/2016 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo for plaintiff; F. Spano, S. Macleod, J. Stephans (tel.) for defendant. Discussion held regarding Worth plaintiffs' #18 motion for appointment of interim counsel. Decision deferred on consent of parties pending disposition of motion to transfer in Alaino, 16-cv-3372, N.D. Ill. Next conference scheduled for 5/16/16 at 1:00 p.m. FTR 10:17-10:35. (Hugh, Lewis) |
Filing 117 TRANSCRIPT of Proceedings held on April 25, 2016, before Judge Go. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/26/2016. Redacted Transcript Deadline set for 6/6/2016. Release of Transcript Restriction set for 8/3/2016. (Hong, Loan) |
Filing 116 TRANSCRIPT of Proceedings held on February 29, 2016, before Judge Go. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/26/2016. Redacted Transcript Deadline set for 6/6/2016. Release of Transcript Restriction set for 8/3/2016. (Hong, Loan) |
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Minute Entry for Status Conference held on 4/25/2016 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo (by tel.) for plaintiffs; F. Spano, S. MacLeod, J. Stephans for defendant; and counsel Worth v. CVS, 16cv498. Discussions held regarding status of mediation in Worth, and settlement of a putative class action brought in Illinois involving similar claims. The Worth plaintiffs advise they intend to oppose the settlement reached in the Illinois action, and to move pursuant to Fed. R. Civ. P. 23(g) for appointment as interim counsel. After sealed discussions with counsel only in Worth, the Court finds that the parties in that action are currently far apart in negotiations and declines, absent progress in negotiations, to delay further the schedule for approval of the class settlement set in this action. The parties must confer on a new schedule prior to the next conference to be held on May 9, 2016 at 10:00 a.m. FTR: 12:09-12:37 (Hugh, Lewis) |
Filing 115 TRANSCRIPT of Proceedings held on April 6, 2016, before Judge Go. Court Transcriber: ARIA SERVICES, INC, Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/10/2016. Redacted Transcript Deadline set for 5/20/2016. Release of Transcript Restriction set for 7/18/2016. (Rocco, Christine) |
Minute Entry for Status Conference held on 4/6/2016 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo for plaintiffs in Jovel (12cv5614); M. Reese and (by tel.) M. Kats, C. Briskin, S. Skatlet for plaintiff in Worth (16cv498); F. Spano, S. MacLeod, J. Stephans for defendants. Parties in Worth should confer on arranging for a private mediation session promptly. The initial conference in Worth is adjourned and will be reset at or after the next conference. The deadlines set in the Jovel preliminary approval order are stayed on consent, and a new schedule may be set at the next conference to be held on 4/25/16 at 12:00 p.m. The parties may appear by telephone if they advise chambers beforehand and shall be responsible for a conference call. FTR 4:09-4:36. (Hugh, Lewis) |
NOTICE: the Court granted the request of Mr. Reese, counsel for plaintiff in 2:16-498, to appear in-person for the 4/6/16 conference. Any other counsel who wishes to appear in-person for the conference is permitted, but not required, to do so. (Proujansky, Josh) |
Filing 114 MOTION for Hearing (Request for a telephone conference) by I-Health, Inc.. (Spano, Frank) |
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Minute Entry for Motion Hearing held (by tel.) on 2/29/2016 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo for plaintiff; F. Spano, S. Macleod (w/ client) for defendant. Discussion held regarding #107 motion for preliminary approval. The parties advised about the recent filing of related actions in this district and Illinois state court. The parties must revise the proposed email notice and file it, with written consent by both sides, for Court approval as discussed. FTR/C 11:02-11:42. (Hugh, Lewis) |
Filing 112 Letter to Magistrate Judge Go Re: Revised Proposed Notice and Order by I-Health, Inc. (Attachments: #1 proposed revised (1) E-mail Notice (Exhibit D to the Stipulation of Settlement), #2 Preliminary Approval Order (Exhibit E to the Stipulation of Settlement)) (Spano, Frank) |
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CONSENT to Jurisdiction by US Magistrate Judge by I-Health, Inc., Amy Jovel, Michael Yee. Case reassigned to Magistrate Judge Marilyn D. Go. (Lee, Tiffeny) |
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Filing 111 Letter Brief pursuant to the Court's order of February 8, 2016. by I-Health, Inc. (Spano, Frank) |
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Filing 110 CONSENT to Magistrate Judge Disposition on Motion by Amy Jovel, Michael Yee re #107 MOTION for Hearing Notice of Motion for Preliminary Approval of Class Action Settlement with Defendant I-Health, Inc. (Vozzolo, Antonio) |
Filing 109 AFFIDAVIT/DECLARATION in Support re #107 MOTION for Hearing Notice of Motion for Preliminary Approval of Class Action Settlement with Defendant I-Health, Inc. filed by Amy Jovel, Michael Yee. (Attachments: #1 Exhibit 1 - Stipulation of Settlement, #2 Exhibit 2 - Bonnett Fairbourn Friedman & Balint PC Firm Resume, #3 Exhibit 3 - Faruqi & Faruqi, LLP Firm Resume) (Vozzolo, Antonio) |
Filing 108 MEMORANDUM in Support re #107 MOTION for Hearing Notice of Motion for Preliminary Approval of Class Action Settlement with Defendant I-Health, Inc. filed by Amy Jovel, Michael Yee. (Vozzolo, Antonio) |
Filing 107 MOTION for Hearing Notice of Motion for Preliminary Approval of Class Action Settlement with Defendant I-Health, Inc. by Amy Jovel, Michael Yee. (Attachments: #1 Proposed Order) (Vozzolo, Antonio) |
Filing 106 NOTICE of Change of Firm Affiliation and Address by Antonio Vozzolo (Vozzolo, Antonio) |
Minute Entry for Status Conference held on 1/14/2016 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo for plaintiff; F. Spano, S. Macleod for defendant. Parties reported on status of drafting of settlement agreement. Plaintiff must file her motion for preliminary approval by 1/29/16. No further extensions will be granted absent extraordinary cause. (Hugh, Lewis) |
Filing 105 MOTION to Withdraw as Attorney of Jenny Q. Schen by I-Health, Inc.. (Macleod, Shawna) |
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Minute Entry for Status Conference held on 12/21/2015 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo for plaintiff; F. Spano for defendant. Parties reported on status of settlement agreement and related submissions. Next conference scheduled for 1/14/16 at 9:30 a.m. (by tel.) (Hugh, Lewis) Modified on 12/22/2015 (Hugh, Lewis). |
Filing 104 STATUS REPORT JOINT by I-Health, Inc. (Macleod, Shawna) |
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Filing 103 NOTICE of Change of Address by Antonio Vozzolo (Vozzolo, Antonio) |
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Filing 102 STATUS REPORT (JOINT) by I-Health, Inc. (Macleod, Shawna) |
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Filing 101 STATUS REPORT (JOINT) by I-Health, Inc. (Macleod, Shawna) |
Filing 100 STATUS REPORT JOINT by I-Health, Inc. (Macleod, Shawna) |
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Filing 99 Letter to Judge Gleeson re: Non-Affiliation of Attorney by Amy Jovel, Michael Yee (Vozzolo, Antonio) |
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Filing 98 STATUS REPORT JOINT by I-Health, Inc. (Macleod, Shawna) |
Filing 97 STATUS REPORT JOINT (SETTLEMENT) by I-Health, Inc. (Macleod, Shawna) |
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Filing 96 STATUS REPORT (JOINT) by I-Health, Inc. (Macleod, Shawna) |
Filing 95 STATUS REPORT JOINT by I-Health, Inc. (Macleod, Shawna) |
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Minute Entry for Status Conference held on 4/22/2015 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo, J. Hildago for plaintiffs; F. Spano, S. Macleod, J. Stephans for defendants. Counsel advised that the parties have reached an agreement in principle on all material terms and will promptly begin drafting settlement documents, including a motion for preliminary approval. The parties must provide a status report by 5/21/15 regarding their progress in drafting such documents. (Hugh, Lewis) |
Minute Entry for Status Conference held on 3/30/2015 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo, J. Hildago for plaintiffs; F. Spano, S. Macleod, J. Stephans for defendants. Parties reported on the status of settlement discussions. Next conference scheduled for 4/22/2015 at 2:30 p.m. (by tel.) (Hugh, Lewis) |
Minute Entry for Settlement Conference held on 3/16/2015 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo, J. Hildago for plaintiffs; F. Spano, S. Macleod, J. Stephans for defendants. Settlement discussions held and continued to 3/30/2015 at 1:30 p.m. (by tel) (Hugh, Lewis) |
Filing 94 NOTICE of Change of Firm, Address, Telephone, Email by Stewart M. Weltman (Weltman, Stewart) |
Minute Entry for Settlement Conference held on 2/6/2015 before Magistrate Judge Marilyn D. Go: Appearances by A. Vozzolo, J. Hildago for plaintiffs; F. Spano, S. Macleod for defendants. Settlement discussions held and continued to 3/13/2015 at 2:30 p.m. The parties must fax a joint status report to the Court on 3/9/15 list the settlement terms not yet resolved. (Hugh, Lewis) |
Minute Entry for Settlement Conference held on 1/23/2015 before Magistrate Judge Marilyn D. Go: Appearances by A. Aozzolo, J. Hidlgo for plaintiffs; F. Spano, S. Macleod for defendant. Settlement discussions held and continued to 2/6/2015 at 10:00 a.m. (by tel.) (Hugh, Lewis) |
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Case Reassigned to Magistrate Judge Marilyn D. Go. Magistrate Judge Joan M. Azrack no longer assigned to the case. (Marziliano, August) |
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Filing 93 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Telephone Conference held on 12/11/2014. The next telephone conference regarding settlement is scheduled on 1/13/2015, at 3:00 p.m. (Petilla, Charlotte) |
Filing 92 Letter MOTION to Adjourn Conference by I-Health, Inc.. (Macleod, Shawna) |
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Filing 91 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Settlement Conference held on 11/20/2014. The next telephone status conference regarding settlement will occur on December 4, 2014, at 3:00 p.m. Plaintiff's counsel is directed to initiate the conference call and contact Chambers at (718) 613-2530 when all parties are on the line. (Petilla, Charlotte) |
Filing 90 NOTICE of Appearance by Antonio Vozzolo on behalf of Amy Jovel (aty to be noticed) (Vozzolo, Antonio) |
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Filing 89 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Telephone Status Conference held on 10/6/2014. Counsel is directed to inform chambers as soon as practicable regarding the date for an in-person settlement conference. (Petilla, Charlotte) |
Filing 88 STATUS REPORT by I-Health, Inc. (Spano, Frank) |
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Filing 87 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Status Conference held on 7/17/2014. Next telephone status conference scheduled for September 23, 2014, at 1:30 pm. (Christianson, Kienan) |
Filing 86 NOTICE of Appearance by Shawna Currie Macleod on behalf of I-Health, Inc. (aty to be noticed) (Macleod, Shawna) |
Filing 85 STATUS REPORT JOINT by I-Health, Inc. (Spano, Frank) |
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Filing 84 Consent MOTION to Stay by I-Health, Inc.. (Spano, Frank) |
Filing 83 ANSWER to #80 Amended Complaint by I-Health, Inc.. (Spano, Frank) |
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Filing 82 Consent MOTION for Extension of Time to Complete Discovery by I-Health, Inc.. (Spano, Frank) |
Filing 81 MOTION for Extension of Time to File Response/Reply as to #80 Amended Complaint by I-Health, Inc.. (Spano, Frank) |
Filing 80 AMENDED COMPLAINT Third Amended Class Action Complaint against I-Health, Inc., filed by Amy Jovel. (Attachments: #1 Exhibit A) (Syverson, Patricia) |
Filing 79 STIPULATION Stipulation Concerning Filing of Third Amended Class Action Complaint by Amy Jovel (Syverson, Patricia) |
Filing 78 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack: Telephone Status Conference held on 3/20/2014. (Terranova, Robert) |
Filing 77 NOTICE of Appearance by Javier O. Hidalgo on behalf of Amy Jovel (aty to be noticed) (Hidalgo, Javier) |
Filing 76 First MOTION to Withdraw as Attorney by Amy Jovel. (Attachments: #1 Declaration Declaration of Christopher Marlborough) (Marlborough, Christopher) |
Filing 75 STATUS REPORT (JOINT) by I-Health, Inc. (Spano, Frank) |
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Filing 74 NOTICE of Appearance by Stewart M. Weltman on behalf of Amy Jovel (notification declined or already on case) (Weltman, Stewart) |
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Filing 73 STIPULATION re Scheduling Order, by I-Health, Inc. (Spano, Frank) |
Filing 72 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Status Conference held on 1/14/2014. Discovery to continue. Next telephone conference scheduled for March 20, 2014, at 2:00 pm. (Christianson, Kienan) |
Filing 71 STATUS REPORT JOINT STATUS REPORT by Amy Jovel (Gonnelli, Adam) |
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Filing 69 MOTION for Leave to Appear Pro Hac Vice by Stewart M. Weltman Filing fee $ 25, receipt number 0207-6597024. by Amy Jovel. (Weltman, Stewart) |
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Filing 68 STIPULATION FOR THE PROTECTION OF CONFIDENTIAL AND PRIVILEGED INFORMATION by I-Health, Inc. (Spano, Frank) |
Filing 67 Minute Entry for proceedings held before Magistrate Judge Joan M. Azrack:Initial Conference Hearing held on 11/1/2013. See attached minute entry. (D'Antonio, Elizabeth) |
Filing 66 Defendant's ANSWER to Complaint (Plaintiff's Second Amended Complaint) by I-Health, Inc.. (Spano, Frank) |
Filing 65 REPORT of Rule 26(f) Planning Meeting (Spano, Frank) |
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Filing 64 MOTION for Extension of Time to File Answer to Complaint by I-Health, Inc.. (Attachments: #1 Stipulation) (Spano, Frank) |
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Filing 62 Letter in Response to the Supplemental Authorities submitted by Plaintiff in her letter of 8/9/13 by I-Health, Inc. (Spano, Frank) |
Filing 61 Letter submitting three enclosed decisions as supplemental authorities in support of Plaintiff's Opposition to Defendant's Motion to Dismiss Second Amended Complaint (Dkt. No. 54) by Amy Jovel (Attachments: #1 Exhibit A-C) (Syverson, Patricia) |
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Filing 60 MOTION to Withdraw as Attorney (Notice of Withdrawal of Appearance and Proposed Order) by I-Health, Inc.. (Wasick, Joanna) |
Filing 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 5, 2013, before Judge Gleeson. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2013. Redacted Transcript Deadline set for 7/1/2013. Release of Transcript Restriction set for 8/29/2013. (Driscoll, Holly) |
Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiff represented by Christopher Marlborough, Esq. Defendants represented by Frank T. Spano, Esq. and Joanna F. Wasick, Esq. Oral Argument held on 4/5/2013 re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by I-Health, Inc. and #52 MOTION in Limine Request for Judicial Notice filed by I-Health, Inc.. The Court's decision is reserved and will be filed via ECF separately. (Court Reporter Holly Driscoll.) (Lee, Ilene) |
Filing 58 NOTICE of Appearance by Christopher Marlborough on behalf of Amy Jovel (aty to be noticed) (Marlborough, Christopher) |
Filing 57 Letter to Judge Gleeson Submitting Supplemental Authorities in Support of Opposition to Motion to Dismiss Second Amended Complaint by Amy Jovel (Attachments: #1 Exhibit A, #2 Exhibit B) (Syverson, Patricia) |
Filing 56 Letter to Judge Gleeson enclosing decision as a supplemental authority by I-Health, Inc. (Attachments: #1 Exhibit) (Spano, Frank) |
Filing 55 REPLY to Response to Motion re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by I-Health, Inc.. (Spano, Frank) |
Filing 54 RESPONSE in Opposition re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Opposition To Defendant's Motion to Dismiss Seconded Amended Class Action Complaint filed by Amy Jovel. (Attachments: #1 Exhibit A) (Syverson, Patricia) |
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Filing 52 MOTION in Limine Request for Judicial Notice by I-Health, Inc.. (Spano, Frank) |
Filing 51 NOTICE by I-Health, Inc. re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Proposed Order (Spano, Frank) |
Filing 50 AFFIDAVIT/DECLARATION in Support re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Declaration of Frank Spano in Support of Defendant I-Health, Inc.'s Motion to Dismiss filed by I-Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Spano, Frank) |
Filing 49 MEMORANDUM in Support re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by I-Health, Inc.. (Spano, Frank) |
Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by I-Health, Inc.. (Spano, Frank) |
Filing 47 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5969670. by Amy Jovel. (Attachments: #1 Affidavit, #2 Proposed Order) (Bunch, Van) |
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Filing 44 NOTICE by Amy Jovel re Order, Notice of Submission of Certificate of Good Standing (Attachments: #1 Exhibit) (Ryan, Elaine) |
Filing 43 NOTICE by Amy Jovel re Order, Notice of Submission of Certificate of Good Standing (Attachments: #1 Exhibit) (Syverson, Patricia) |
Filing 42 NOTICE of Appearance by Adam Richard Gonnelli on behalf of Amy Jovel (aty to be noticed) (Gonnelli, Adam) |
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Filing 41 MOTION for Leave to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 25, receipt number 0207-5905568. by Amy Jovel. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Ryan, Elaine) |
Filing 40 Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiff represented by Courtney E. Maccarone, Esq. and Adam Gonnelli, Esq. Defendants represented by Joanna F. Wasick, Esq. and Frank T. Spano, Esq. Pre Motion Conference held on 12/18/2012 regarding the defendants motion to dismiss. The following briefing schedule was given: Motion due by 1/31/2013; Opposition due by 3/1/2013; and the Reply is due by 3/15/2013. The Oral Argument is scheduled for April 5, 2013 at 10:30 AM in courtroom 6C South before Judge John Gleeson. (Court Reporter Marie Foley.) (Lee, Ilene) |
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Filing 39 MOTION for Leave to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 25, receipt number 0207-5902266. by Amy Jovel. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Syverson, Patricia) |
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Filing 37 Letter by Amy Jovel (Gonnelli, Adam) |
Filing 36 MOTION for Leave to Appear Pro Hac Vice of Jenny Q. Shen Filing fee $ 25, receipt number 0207-5896896. by I-Health, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order) (Shen, Jenny) |
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Filing 33 Letter MOTION for pre motion conference by I-Health, Inc.. (Spano, Frank) |
Filing 32 MOTION for Leave to Appear Pro Hac Vice (Kristi K. Elder) Filing fee $ 25, receipt number 0207-5882415. by I-Health, Inc.. (Attachments: #1 Affidavit of Kristi K. Elder, #2 Proposed Order) (Elder, Kristi) |
Filing 31 MOTION for Leave to Appear Pro Hac Vice (Robert B. Hawk) Filing fee $ 25, receipt number 0207-5882363. by I-Health, Inc.. (Attachments: #1 Affidavit of Robert B. Hawk, #2 Proposed Order) (Hawk, Robert) |
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Filing 30 Letter MOTION to Adjourn Conference by I-Health, Inc.. (Spano, Frank) |
Filing 29 NOTICE of Appearance by Joanna F. Wasick on behalf of I-Health, Inc. (aty to be noticed) (Wasick, Joanna) |
Filing 28 NOTICE of Appearance by Frank Thomas Spano on behalf of I-Health, Inc. (aty to be noticed) (Spano, Frank) |
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Filing 27 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
Filing 26 Case transferred in from District of California Central; Case Number 2:12-cv-05526. Original file certified copy of transfer order and docket sheet received. |
The case of Joval v. I-Health, Inc., has been transferred from Central District of California to the Eastern District of New York. The new case number is 12-cv-5614. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
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Filing 24 MINUTES of hearings on #16 Motion to Transfer Case and #17 Motion to Dismiss held before Judge Dean D. Pregerson: Court hears oral argument and takes the matters under submission. Court Reporter: Maria Bustillos. (jre) [Transferred from California Central on 11/14/2012.] |
Filing 23 MINUTES: (IN CHAMBERS): COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO TRANSFER CASE TO EASTERN DISTRICT OF NEW YORK FILED BY DEFENDANT I-HEALTH, INC #16 and the MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT FILED BY DEFENDANT I-HEALTH, INC #17 are hereby continued from October 15, 2012 to November 5, 2012 at 10:00 a.m. by Judge Dean D. Pregerson. (ir) [Transferred from California Central on 11/14/2012.] |
Filing 22 REPLY in Support of MOTION to Dismiss Plaintiff's Second Amended Class Action Complaint #17 filed by Defendant I-Health, Inc.. (Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
Filing 21 REPLY in Support of MOTION to Transfer Case to Eastern District of New York #16 filed by Defendant I-Health, Inc.. (Attachments: #1 Declaration of Susan Lewis)(Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
Filing 20 OPPOSITION to MOTION to Dismiss Plaintiff's Second Amended Class Action Complaint #17 Plaintiff's Opposition to Defendant's Motion to Dismiss Second Amended Class Action Complaint filed by Plaintiff Amy Jovel. (Attachments: #1 Exhibit A)(Syverson, Patricia) [Transferred from California Central on 11/14/2012.] |
Filing 19 OPPOSITION to MOTION to Transfer Case to Eastern District of New York #16 Plaintiff's Opposition to Defendant's Motion to Transfer Pursuant to 28 USC 1404(a) filed by Plaintiff Amy Jovel. (Syverson, Patricia) [Transferred from California Central on 11/14/2012.] |
Filing 18 NOTICE of Change of Attorney Information for attorney Patricia N Syverson counsel for Plaintiff Amy Jovel. Changing address to 2325 E. Camelback Rd., Ste. 300, Phoenix, AZ 85016. Filed by plaintiff Amy Jovel (Syverson, Patricia) [Transferred from California Central on 11/14/2012.] |
Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Class Action Complaint filed by Defendant I-Health, Inc.. Motion set for hearing on 10/15/2012 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Request for Judicial Notice (RJN), #2 Exhibit A to RJN, #3 Exhibit B to RJN, #4 Exhibit C to RJN, #5 Exhibit D to RJN, #6 Exhibit E to RJN, #7 Exhibit F to RJN, #8 Exhibit G to RJN, #9 Proposed Order)(Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
Filing 16 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of New York filed by Defendant I-Health, Inc.. Motion set for hearing on 10/15/2012 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Wes Parris, #2 Declaration of Robert B. Hawk, #3 Exhibit A to Hawk Decl., #4 Exhibit B to Hawk Decl., #5 Proposed Order)(Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
Filing 15 NOTICE of Association of Counsel associating attorney David E. Bower on behalf of Plaintiff Amy Jovel. Filed by Plaintiff Amy Jovel (Bower, David) [Transferred from California Central on 11/14/2012.] |
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Filing 13 STIPULATION for Extension of Time to File Response to Second Amended Class Action Complaint filed by Defendant I-Health, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
Filing 12 AMENDED DOCUMENT filed by Defendant I-Health, Inc.. Amendment to Certificate/Notice of Interested Parties #2 Defendant I-Health, Inc.'s Amended Certification As to Interested Parties (Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
Filing 11 OF SERVICE filed by defendant I-Health, Inc., re Notice to Parties of Court-Directed ADR Program (ADR-8) #5 , Notice of Removal, #1 , Declaration (non-motion) #4 , Notice of Related Case(s) #3 , Certificate/Notice of Interested Parties #2 served on 06/26/2012. (Attachments: #1 Notice to Adverse Party of Removal to Federal Court, #2 Declaration Declaration of Wes Parris in Support of Notice of Removal, #3 Civil Cover Sheet Civil Cover Sheet, #4 Notice re Related Cases, #5 Defendant I-Health, Inc.'s Certification as to Interested Parties)(Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
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Filing 9 STIPULATION for Extension of Time to File Response to Second Amended Class Action Complaint filed by Defendant I-Health, Inc.. (Attachments: #1 Proposed Order, #2 Proof of Service)(Hawk, Robert) [Transferred from California Central on 11/14/2012.] |
Filing 8 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Howard J. Sedran for Plaintiff Amy Jovel. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) [Transferred from California Central on 11/14/2012.] |
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Filing 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Stewart Weltman for Plaintiff Amy Jovel. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) [Transferred from California Central on 11/14/2012.] |
Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) [Transferred from California Central on 11/14/2012.] |
Filing 4 DECLARATION of WES PARRIS in support of Notice of Removal, #1 filed by Defendant I-Health, Inc. (esa) (mg). [Transferred from California Central on 11/14/2012.] |
Filing 3 NOTICE OF RELATED CASES filed by defendant I-Health, Inc. Related Case(s): NONE (esa) (mg). [Transferred from California Central on 11/14/2012.] |
Filing 2 CERTIFICATION AS TO INTERESTED PARTIES filed by defendant I-Health, Inc., identifying Other Affiliate DSM Holding Company USA, Inc., Other Affiliate DSM Finance Comm.V., Other Affiliate Koninklijke DSM N.V. for I-Health, Inc. (esa) (mg). [Transferred from California Central on 11/14/2012.] |
Filing 1 NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County, case number BC481048 with conformed copy of summons and copy (not conformed) of complaint. Case assigned to Judge Dean D. Pregerson, discovery to Magistrate Judge Jay C Gandhi; (Filing fee $ 350 PAID ); filed by defendant I-Health, Inc.(esa) (mg). [Transferred from California Central on 11/14/2012.] |
COPY (NOT CONFORMED) OF FIRST AMENDED COMPLAINT against defendant I-Health, Inc. amending Complaint, #1 ; Jury Demand; filed by plaintiff Amy Jovel (esa) [Transferred from California Central on 11/14/2012.] |
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