In re DENTAL SUPPLIES ANTITRUST LITIGATION
Plaintiff: PJCC Dental PC, Scott T. Ozaki DDS Inc., D.M.D. Bernard W. Kurek, Peter Bence, DMD, P.A., Arnell Prato, D.D.S., P.L.L.C, Comfort Care Family Dental, P.C., Ronald A Moreno, D.D.S., P.S., Howard M. May, DDS, Dr. Joshua Wolgin, DMD, Kanellos & Kotis, Robert W. Grodner, DDS, Bemus Point Dental, LLC, Rittenhouse Smiles, P.C., Evolution Dental Science, LLC, Dennis M. Winter, D.D.S., P.C., Keith Schwartz, D.M.D., P.A., Dr. Stephen M. Grussmark, DDS, Indianola Family Dentistry, P.L.C., West LA Dental Health Care Center, Anthony J. Peppy DDS & Samuel J. Peppy Jr., DDS PC, OMID FARAHMAND DMD, INC., Dr. Joseph Styger, DDS, Kottemann Orthodontics, P.L.L.C., Naghmeh Yadegar, D.D.S., Inc., Larchmont Dental Associates, P.C., Mojdeh Shaystehfar, Stanford Dresnin, DDS, Bauer Dental Arts, Dr. Nicholas Johnnidis, Dr. Robert Corwin, Cornerstone Dentistry, P.C., Casey Nelson, Rossman Endodontics, Alexander Greenberg, DDS, IQ Dental Supply, Inc., Jim Peck, Paul Bermudez, Thomas Caspers, D.D.S., P.S., Arnell Prato, D.D.S., P.L.L.C formerly known as Arnell N. Prato, D.D.S., P.L.L.C. doing business as Down To Earth Dental, Scott T. Ozaki DDS Inc. individually and on behalf of all others similalry situated doing business as Eastlake Peridontics & Implants, Naghmeh Yadegar, D.D.S., Inc. doing business as New Age Dental, Mojdeh Shaystehfar on behalf of itself and all others similarly situated doing business as Linden Dental Care, Dr. Joshua Wolgin, DMD individually and on behalf of all those similarly situated doing business as Wolgin Endodontic Group and Arnell N. Prato, D.D.S., P.L.L.C.
Defendant: DENTAL SUPPLIES ANTITRUST LITIGATION, Benco Dental Supply Company, Henry Schein, Inc., Burkhart Dental Supply Company and Patterson Companies, Inc.
Interested Party: Instrumentarium Dental Inc., SourceOne Dental, Inc., Danaher Corporation, Dental Equipment LLC, Dental Imaging Technologies, Corporation and Kavo Dental Technologies LLC
In Re: Rule 45 Subpoena Issued to Strategic Data Marketing, LLC
Not Classified By Court: Strategic Data Marketing, Data Marketing Strategic and Dr. William Roe
Case Number: 1:2016cv00696
Filed: February 11, 2016
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Gary R Brown
Referring Judge: Brian M Cogan
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2020 Opinion or Order Filing 354 ORDER re: #353 Motion for Disbursement of Settlement Funds. ( Ordered by Judge Brian M. Cogan on 8/31/2020 ) (Guzzi, Roseann)
August 14, 2020 Filing 353 MOTION for Disbursement of Funds by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order) (Smith, Gary)
April 17, 2020 Opinion or Order ORDER granting #352 Motion to Withdraw as Attorney. Attorney Thomas P. Manning terminated. Ordered by Judge Brian M. Cogan on 4/17/2020. (Weisberg, Peggy)
April 16, 2020 Filing 352 MOTION to Withdraw as Attorney by Benco Dental Supply Company. (Manning, Thomas)
January 29, 2020 Filing 351 STATUS REPORT Plaintiffs' Status Report in Response to the Court's January 23, 2020 Status Report Order by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Cramer, Eric)
January 23, 2020 Opinion or Order STATUS REPORT ORDER. In addition to the 26 cases that Class Counsel previously confirmed were covered under the class settlement, the Court has identified 7 other open cases that appear to be related to this consolidated matter. Therefore, by 1/29/2020, Class Counsel is ORDERED to file a status report as to the following cases and to advise the Court as to whether it is aware of any other open cases before this Court whose plaintiffs are likewise covered under the class settlement: Bermudez v. Patterson Companies, Inc. et al., 16-cv-570; Indianola Family Dentistry, P.L.C. v. Patterson Companies, Inc. et al., 16-cv-658; Styger, DDS v. Benco Dental Supply Co. et al., 16-cv-712; Dennis M. Winter, D.D.S., P.C. et al. v. Patterson Companies, Inc. et al., 16-cv-751; Johnnidis v. Benco Supply Co. et al., 16-cv-906; Wolgin v. Benco Dental Supply Co. et al., 16-cv-1020; and Scott T. Ozaki DDS Inc. v. Henry Schein, Inc. et al., 16-cv-1377. Ordered by Judge Brian M. Cogan on 1/22/2020. (Clarke, Melonie)
January 3, 2020 Filing 350 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 24, 2019, before Judge Brian M. Cogan. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@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 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (Roy, David)
December 17, 2019 Filing 349 STATUS REPORT Plaintiffs' Status Report in Response to the Court's December 16, 2019 Status Report Order by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Smith, Gary)
December 16, 2019 Opinion or Order Filing 348 STATUS REPORT ORDER. A Final Judgment and Order Granting the Motion for Final Approval of Class Settlement was entered on 6/25/2019. The Final Judgment and Order applied to ALL CASES in the In re Dental Supplies Antitrust Litigation, 1:16-cv-00696-BMC-GRB. However, the Court has identified 26 open cases in this consolidated matter. Therefore, by 12/23/2019, Class Counsel is ORDERED to file a status report as to the attached list of member cases. Ordered by Judge Brian M. Cogan on 12/16/2019. (Weisberg, Peggy)
October 31, 2019 Filing 347 MANDATE of USCA as to #342 Notice of Appeal filed by William Roe. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 10/30/19. USCA #19-2193. (Attachments: #1 USCA Stipulation) (McGee, Mary Ann)
October 24, 2019 Opinion or Order ORDER re: #344 . The Court hereby approves the agreement between Objector Roe and class counsel submitted in Attachment 1 to #344 joint motion for settlement by plaintiffs and objector. The Court further grants #345 motion for attorney fees of $45,000 to Objector Roe's counsel. Ordered by Judge Brian M. Cogan on 10/24/2019. (Weisberg, Peggy)
October 23, 2019 Opinion or Order Filing 346 ORDER of USCA as to #342 Notice of Appeal filed by William Roe. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered" without prejudice to reinstatement by 11/08/2019. Certified Copy issued: 10/23/19. USCA #19-2193. (McGee, Mary Ann)
October 17, 2019 Opinion or Order ORDER granting #344 motion for indicative ruling. Upon remand, the Court will approve the agreed-upon payment of $100,000 from class counsels' attorneys' fees to the American Dental Association, as well as the $5,000 service award to Objector Roe. Ordered by Judge Brian M. Cogan on 10/17/2019. (Weisberg, Peggy)
October 8, 2019 Filing 345 MOTION for Attorney Fees for Kearney Dee Hutsler by William Roe. (Hutsler, Kearney)
October 8, 2019 Filing 344 Joint MOTION for Settlement by Plaintiffs and Objector for indicative ruling to effectuate terms of settlement by Comfort Care Family Dental, P.C.. (Attachments: #1 Exhibit Attachment A - Agreement re: Objection of Dr. William Roe, #2 Proposed Order Proposed Order granting joint motion for indicative ruling) (Radice, John)
October 3, 2019 Filing 343 NOTICE of Change of Address for Natalie Finkelman Bennett Once the filing has been made, you must login to www.pacer.gov and update your account. (Bennett, Natalie)
July 17, 2019 Electronic Index to Record on Appeal sent to US Court of Appeals. #342 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
July 16, 2019 Filing 342 NOTICE OF APPEAL as to #341 Order on Motion for Settlement, Judgment by William Roe. Filing fee $ 505.00. Receipt #4653141784. Service done electronically. (McGee, Mary Ann)
June 25, 2019 Opinion or Order Filing 341 FINAL JUDGMENT AND ORDER granting #335 Motion for Final Approval of Class Settlement. ( Ordered by Judge Brian M. Cogan on 6/24/2019 ) (Guzzi, Roseann)
June 25, 2019 Minute Entry and Order for Fairness Hearing held before Judge Brian M. Cogan on 6/24/2019. The Court approved the class settlement and granted class counsel's motion for attorneys' fees and costs. An order granting final approval of the settlement will enter separately. See transcript for details. (Court Reporter: David Roy.) (Weisberg, Peggy) Modified on 6/26/2019 (Weisberg, Peggy).
June 25, 2019 Opinion or Order ORDER granting #340 Motion to Withdraw as Attorney. Attorney David Schumacher terminated. Ordered by Judge Brian M. Cogan on 6/25/2019. (Weisberg, Peggy)
June 21, 2019 Filing 340 MOTION to Withdraw as Attorney by Benco Dental Supply Company. (Schumacher, David)
June 19, 2019 Filing 339 Letter MOTION for Hearing Parties' request for permission to bring electronic devices to the June 24, 2019, Fairness Hearing by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
June 19, 2019 Opinion or Order ORDER granting #339 . Class counsel and counsel for defendants are permitted to bring electronic devices to the hearing scheduled for June 24, 2019 in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 6/19/2019. (Weisberg, Peggy)
June 17, 2019 Set/Reset Hearing: Fairness Hearing previously set for 6/14/2019 is reset to 6/24/2019 at 4:30 PM in Courtroom 8D South. (Weisberg, Peggy)
June 12, 2019 Filing 338 Letter MOTION for Hearing Parties' request for permission to bring electronic devices to the June 14, 2019, Fairness Hearing by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
June 12, 2019 Opinion or Order ORDER granting #338 . Class counsel and counsel for defendants are permitted to bring electronic devices to the hearing scheduled for June 14, 2019 in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 6/12/2019. (Weisberg, Peggy)
June 10, 2019 Filing 337 Objection to Class Action Settlement Supplement filed by William Roe. (Hutsler, Kearney)
June 10, 2019 Filing 336 Letter re Claims Administration Update by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Cramer, Eric)
May 24, 2019 Filing 335 MOTION for Settlement Final Approval of Class Settlement by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Memorandum in Support of Motion for Final Approval of Class Settlement, #2 Declaration of Jeanne C. Finegan APR in Support of Final Approval of the Notice Program, #3 Proposed Order Granting Final Approval of Class Settlement) (Smith, Gary)
May 23, 2019 Filing 333 NOTICE of Appearance by Kearney Dee Hutsler, III on behalf of William Roe (notification declined or already on case) (Hutsler, Kearney)
May 21, 2019 Filing 334 OBJECTION to the Proposed Settlement Submitted by Dr. William Roe, Objector, a/k/a/ Bill W. Roe, Jr. (Guzzi, Roseann)
May 21, 2019 Opinion or Order ELECTRONIC ORDER granting #332 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 5/21/2019. C/ECF (Johnston, Linda)
May 20, 2019 Filing 332 MOTION to Appear Pro Hac Vice for Kearney Dee Hutsler Filing fee $ 150, receipt number ANYEDC-11498044. by William Roe. (Hutsler, Kearney)
April 16, 2019 Opinion or Order Filing 331 CASE MANAGEMENT ORDER NO. 5. ( Ordered by Judge Brian M. Cogan on 4/16/2019 ) (Guzzi, Roseann)
April 9, 2019 Filing 330 Letter dated 4/3/19 from Albert B. Clark president of the S Corp Dr. Alber Clark DDS PC, represented as a member of the class as an OBJECTION to the settlement. (Guzzi, Roseann)
March 22, 2019 Filing 329 AFFIDAVIT/DECLARATION in Support re #327 Notice of MOTION for Attorney Fees filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33) (Cramer, Eric)
March 22, 2019 Filing 328 MEMORANDUM in Support re #327 Notice of MOTION for Attorney Fees filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Cramer, Eric)
March 22, 2019 Filing 327 Notice of MOTION for Attorney Fees by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Proposed Order) (Cramer, Eric)
March 19, 2019 Opinion or Order ORDER granting #326 Motion for Leave to File Excess Pages. Plaintiffs' brief in support of its motion for an award of attorneys' fees may be filed in excess of page limit, up to 35 pages. Ordered by Judge Brian M. Cogan on 3/19/2019. (Weisberg, Peggy)
March 18, 2019 Filing 326 Letter MOTION for Leave to File Excess Pages by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
February 1, 2019 Opinion or Order Filing 325 ORDER dated 1/31/19 re: Burkharts three proposed revisions to the notice. Class counsel is directed to modify the notice accordingly. ( Ordered by Judge Brian M. Cogan on 1/31/19 ) (Guzzi, Roseann)
January 30, 2019 Filing 324 REPLY in Support re #322 MOTION to Amend/Correct/Supplement Long Form Class Notice filed by Burkhart Dental Supply Company. (Attachments: #1 Exhibit 1) (Montcalm, Jonathan)
January 28, 2019 Filing 323 RESPONSE in Opposition re #322 MOTION to Amend/Correct/Supplement Long Form Class Notice filed by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Kass, Colin)
January 24, 2019 Filing 322 MOTION to Amend/Correct/Supplement Long Form Class Notice by Burkhart Dental Supply Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Montcalm, Jonathan)
January 24, 2019 Opinion or Order SCHEDULING ORDER re: #322 Motion to Amend by Burkhart Dental Supply Company. It is ridiculous that the interested parties are not able to resolve this tiny issue in a reasonable manner without Court involvement. However, if defendant Henry Schein intends to oppose this motion, it must file its opposition no later than 1/28/2019. Any reply by Burkhart is due by 1/30/2019. Ordered by Judge Brian M. Cogan on 1/24/2019. (Weisberg, Peggy)
January 23, 2019 Filing 321 NOTICE of Change of Office Address (Spector, Eugene)
January 14, 2019 Filing 320 MOTION to Withdraw as Attorney by Henry Schein, Inc.. (Fontecilla, Adrian)
January 14, 2019 Opinion or Order ORDER granting #320 Motion to Withdraw as Attorney. Attorney Adrian Fontecilla terminated. Ordered by Judge Brian M. Cogan on 1/14/2019. (Weisberg, Peggy)
January 11, 2019 Filing 319 MOTION to Amend/Correct/Supplement #310 Affidavit in Support of Motion, #317 Order on Motion for Settlement, Class Plaintiffs' request to substitute, in the class notice and other settlement documents, the correct URL for the settlement website by Comfort Care Family Dental, P.C.. (Rubenstein, Daniel)
January 11, 2019 Opinion or Order ORDER granting #319 Motion to correct. Plaintiffs are authorized to substitute the proposed settlement website URL as described in the motion. Ordered by Judge Brian M. Cogan on 1/11/2019. (Weisberg, Peggy)
January 9, 2019 Opinion or Order Filing 318 CASE MANAGEMENT ORDER NO. 4. ( Ordered by Judge Brian M. Cogan on 1/8/2019 ) (Guzzi, Roseann)
January 9, 2019 Opinion or Order Filing 317 ORDER Preliminarily Approving Settlement, certifying the settlement class for purposes of settlement, appointing class counsel, and approving issuance of notice to the class re: #308 Motion for Settlement. ( Ordered by Judge Brian M. Cogan on 1/8/2019 ) (Guzzi, Roseann)
January 7, 2019 Filing 316 NOTICE of Change of Address for Ian M. Gore Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Gore, Ian)
December 21, 2018 Filing 315 NOTICE of Change of Address for the Radice Law Firm. (Rubenstein, Daniel)
November 26, 2018 Filing 314 NOTICE by Benco Dental Supply Company of Compliance with 28 U.S.C. 1715 (Southall, Samantha)
November 21, 2018 Filing 313 NOTICE by Patterson Companies, Inc. of Compliance with 28 U.S.C. Section 1715 (Flaherty, Scott)
November 20, 2018 Filing 312 NOTICE by Henry Schein, Inc. of Compliance with 28 U.S.C. 1715. (Kass, Colin)
November 13, 2018 Filing 311 NOTICE by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. re #308 MOTION for Settlement (Preliminary Approval) Proposed Order (Cramer, Eric)
November 13, 2018 Opinion or Order ORDER. Motion to Certify Class #263 and Motions to Strike #272 #274 are terminated as moot in light of #305 Letter Regarding Settlement. Ordered by Judge Brian M. Cogan on 11/13/2018. (Weisberg, Peggy) Modified on 11/13/2018 (Weisberg, Peggy).
November 13, 2018 Opinion or Order ORDER re: #308 Motion for Settlement. The parties are directed to provide the Court with a proposed preliminary approval order no later than 11/19/2018. Ordered by Judge Brian M. Cogan on 11/13/2018. (Weisberg, Peggy)
November 12, 2018 Filing 310 AFFIDAVIT/DECLARATION in Support re #308 MOTION for Settlement (Preliminary Approval) filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Cramer, Eric)
November 12, 2018 Filing 309 MEMORANDUM in Support re #308 MOTION for Settlement (Preliminary Approval) filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
November 12, 2018 Filing 308 MOTION for Settlement (Preliminary Approval) by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
November 11, 2018 Opinion or Order ORDER granting #307 Motion for Leave to File Excess Pages. Plaintiffs' Motion for Preliminary Approval of Class Settlement may be filed in excess of page limit, up to 35 pages. Ordered by Judge Brian M. Cogan on 11/11/2018. (Weisberg, Peggy)
November 9, 2018 Filing 307 Letter MOTION for Leave to File Excess Pages by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
October 5, 2018 Filing 306 NOTICE of Change of Address by Michael L. Schrag (Schrag, Michael)
September 28, 2018 Filing 305 Letter Regarding Settlement by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Cramer, Eric)
September 17, 2018 Filing 304 NOTICE of Change of Firm affiliation of Christopher J. Cormier by John Daniel Radice (Radice, John)
August 28, 2018 Filing 303 NOTICE of Change of Firm Name and Address by Joshua T. Ripley (Ripley, Joshua)
August 28, 2018 Filing 302 NOTICE of Change of Firm Name and Address by Patrick F. Madden (Madden, Patrick)
August 28, 2018 Filing 301 NOTICE of Change of Firm Name and Address by Eric Cramer (Cramer, Eric)
August 16, 2018 Minute Entry and Order for Hearing held before Judge Brian M. Cogan on 8/16/2018. Counsel for all parties present. Hearing continued without date. (Weisberg, Peggy)
August 14, 2018 Filing 300 NOTICE by Scott T. Ozaki DDS Inc. Notice of Withdrawal of Counsel Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-01377-BMC-GRB (Amon, Thomas)
August 14, 2018 Filing 299 Letter MOTION for Hearing Class Plaintiffs' request that, if Defendants call Dr. Stiroh at the August 16 hearing re: Dr. McClave, Class Plaintiffs would then be permitted to (1) cross-examine Dr. Stiroh, and (2) recall Dr. McClave to rebut Dr. Stiroh's live testimony by Comfort Care Family Dental, P.C.. (Radice, John)
August 14, 2018 Opinion or Order ORDER denying #299 . The Court will not hear testimony from Dr. Stiroh or any of the other experts besides Dr. McClave at the hearing scheduled for 8/16/2018. Ordered by Judge Brian M. Cogan on 8/14/2018. (Weisberg, Peggy)
August 14, 2018 Set/Reset TIME OF HEARING: Evidentiary Hearing and Oral Argument previously set at 9:00 am on 8/16/2018 is reset to 4:30 PM in Courtroom 8D South. (Weisberg, Peggy)
August 14, 2018 Opinion or Order Attorneys Brian J. Robbins; George C. Aguilar and Leonid Kandinov terminated. Ordered by Judge Brian M. Cogan on 8/14/2018. (Weisberg, Peggy)
August 13, 2018 Filing 298 Letter MOTION for Hearing Defendants' request for permission to bring electronic devices to the August 16, 2018 Daubert motion hearing re: Dr. McClave by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Scher, Howard)
August 13, 2018 Opinion or Order ORDER granting #298 . Counsel for class plaintiffs and counsel for defendants are permitted to bring electronic devices to the hearing scheduled for 8/16/2018 in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 8/13/2018. (Weisberg, Peggy)
August 10, 2018 Filing 297 Letter MOTION to Seal Courtroom for Daubert Hearing by all Defendants by Henry Schein, Inc.. (Kass, Colin)
August 10, 2018 Opinion or Order ORDER denying #297 Motion to Seal Courtroom. The public right to access to civil court proceedings, under both the common law and the First Amendment is not absolute, but the presumption in favor of access should only be curtailed "to preserve higher values" in a way that is "narrowly tailored to serve that interest." N.Y. Civil Liberties Union v. N.Y.C. Transit Auth., 684 F.3d 286, 304 (2d Cir. 2012) (quoting Press-Enter. Co. v. Super. Ct. of Cal., 464 U.S. 501, 510 (1984)). Although protecting sensitive business information and upholding third-party confidentiality agreements are higher values that may merit sealing, plaintiffs have not explained why the parties will need to discuss the underlying data (which may include confidential third-party information) at this hearing. Indeed, the Court expects that the hearing will focus on the methodology applied and conclusions reached in Dr. McClave's report. Sealing the courtroom, a drastic remedy, is therefore not narrowly tailored to address the legitimate higher interest here. Plaintiffs may renew their request to seal the transcript at the end of the hearing if they can point to specific information that would justify it. Ordered by Judge Brian M. Cogan on 8/10/2018. (Weisberg, Peggy)
July 30, 2018 Set/Reset Hearing: Evidentiary hearing and oral argument previously set for 8/14/2018 is reset to 8/16/2018 at 9:00 am in Courtroom 8D South. (Weisberg, Peggy)
July 24, 2018 Filing 296 MOTION for Hearing re Scheduling Order, Defendants' request for permission to bring electronic devices to the August 14, 2018 Daubert motion hearing re: Dr. McClave by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Scher, Howard)
July 24, 2018 Opinion or Order ORDER granting #296 defendants Benco Dental, Henry Schein and Patterson Companies' request to bring electronic devices to the hearing scheduled for 8/14/2018 in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 7/24/2018. (Weisberg, Peggy)
July 24, 2018 Opinion or Order ORDER granting #295 class plaintiffs' request to bring electronic devices to the hearing scheduled for 8/14/2018 in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 7/24/2018. (Weisberg, Peggy)
July 23, 2018 Filing 295 MOTION for Hearing re Scheduling Order, Class Plaintiffs' request for permission to bring electronic devices to the August 14, 2018 Daubert motion hearing re: Dr. McClave by Comfort Care Family Dental, P.C.. (Radice, John)
July 12, 2018 Opinion or Order SCHEDULING ORDER: The Court will hold an evidentiary hearing and oral argument on defendants' motion #272 to exclude Dr. McClave's opinions on 8/14/2018 at 2:30 pm in Courtroom 8D South. Dr. McClave must attend and be prepared to testify. The parties should be prepared to present evidence and argument as to all aspects of Dr. McClave's report, but with particular focus on his common impact analysis. Ordered by Judge Brian M. Cogan on 7/12/2018. (Weisberg, Peggy)
July 2, 2018 Opinion or Order ORDER granting #292 Motion for Leave to Electronically File Document under Seal. Defendant Schein's reply brief contains confidential information, including that of third parties, and was produced pursuant to a Confidentiality Order. Counsel is directed to file the original brief under seal as a separate entry. Ordered by Judge Brian M. Cogan on 7/2/2018. (Clarke, Melonie)
June 28, 2018 Filing 294 REPLY in Support re #274 Notice of MOTION to Strike Motion to Exclude Relevant Market Opinions of Dr. John Solow filed by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Long, James)
June 28, 2018 Filing 293 REPLY in Support re #272 MOTION to Strike - Motion to Exclude the Opinions of Dr. James T. McClave (redacted version) filed by Henry Schein, Inc.. (Attachments: #1 Exhibit GGG) (Kass, Colin)
June 28, 2018 Filing 292 Letter MOTION to Seal Defendants' Reply on their Motion to Exclude the Opinions of Dr. James T. McClave by Henry Schein, Inc.. (Attachments: #1 Defendants' Reply Daubert Brief (under seal)) (Kass, Colin)
June 21, 2018 Filing 291 NOTICE by Arnell Prato, D.D.S., P.L.L.C, Thomas Caspers, D.D.S., P.S. of Withdrawal of Amy N. L. Hanson Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00765-BMC-GRB (Hanson, Amy)
June 21, 2018 Opinion or Order ORDER re: #291 . Attorney Amy Hanson terminated. Ordered by Judge Brian M. Cogan on 6/21/2018. (Weisberg, Peggy)
June 20, 2018 Filing 290 DECLARATION re #289 1 - Sealed Document CV, Reply in Support re 263 Motion to Certify Class by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Attachments: #1 Exhibit Exhibits 72 to 88) (Cramer, Eric)
June 18, 2018 Filing 289 REPLY in Support re #263 Motion to Certify Class, 1 - Sealed Document CV (REFORMATTED reply memorandum ISO Plaintiffs' motion for class cert.) filed by Comfort Care Family Dental, P.C.. (Radice, John)
June 18, 2018 Opinion or Order ORDER denying #287 . A pre-motion conference is unnecessary. Class plaintiffs may file their reformatted reply brief. Ordered by Judge Brian M. Cogan on 6/18/2018. (Weisberg, Peggy)
June 15, 2018 Filing 288 MOTION for Leave to Electronically File Document under Seal (reformatted Class Reply Brief) by Comfort Care Family Dental, P.C.. (Attachments: #1 Memorandum in Support Reformatted reply memorandum ISO Plaintiffs' motion for class certification) (Radice, John)
June 15, 2018 Filing 287 MOTION for pre motion conference re #282 MOTION for Leave to Electronically File Document under Seal (Reply Memorandum ISO Motion for Class Cert. and supporting documents) [motion for leave to file reformatted version of class cert. reply memo. if the Court deems it appropriate] by Comfort Care Family Dental, P.C.. (Radice, John)
June 15, 2018 Opinion or Order ORDER granting #286 . Defendants may file a 15-page reply to plaintiffs' #284 opposition. Ordered by Judge Brian M. Cogan on 6/15/2018. (Weisberg, Peggy)
June 14, 2018 Filing 286 Joint MOTION for Leave to File Excess Pages Regarding Defendants' Reply to Plaintiffs' McClave Opposition by Henry Schein, Inc.. (Kass, Colin)
June 8, 2018 Filing 285 AFFIDAVIT/DECLARATION in Opposition re #272 MOTION to Strike - Motion to Exclude the Opinions of Dr. James T. McClave filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Exhibits 1-19 to Weiner Declaration) (Weiner, Jessica)
June 8, 2018 Filing 284 MEMORANDUM in Opposition re #272 MOTION to Strike - Motion to Exclude the Opinions of Dr. James T. McClave filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Weiner, Jessica)
June 8, 2018 Filing 283 MEMORANDUM in Opposition re #274 Notice of MOTION to Strike Motion to Exclude Relevant Market Opinions of Dr. John Solow (Unredacted) Response in Opposition to Defendants' Motion to Exclude Relevant Market Opinions of Dr. John Solow filed by Comfort Care Family Dental, P.C.. (Attachments: #1 Exhibit Exhibit 2 - Solow initial report, #2 Exhibit Exhibit 3 - Solow rebuttal report, #3 Exhibit Exhibit 4 - Patterson document, #4 Exhibit Exhibit 5 - Solow deposition transcript, #5 Exhibit Exhibit 6 - Leitzinger report) (Radice, John)
June 7, 2018 Filing 282 MOTION for Leave to Electronically File Document under Seal (Reply Memorandum ISO Motion for Class Cert. and supporting documents) by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Memorandum in Support Reply Memorandum in Support of Plaintiffs' Motion for Class Certification, #2 Declaration Declaration of Eric L. Cramer, Esq., #3 Exhibit Exhibits 72 to 88) (Cramer, Eric)
May 24, 2018 Filing 281 MOTION for Leave to Electronically File Document under Seal by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Response in Opposition to Defendants' Motion to Exclude the Opinions of Dr. James T. McClave, #2 Declaration of Jessica B. Weiner, #3 Exhibits 1-19 to the Declaration of Jessica B. Weiner) (Weiner, Jessica)
May 24, 2018 Filing 280 MOTION for Leave to Electronically File Document under Seal (unredacted response to Defendants' motion to exclude Solow's relevant market opinions, and exhibits 2-6) by Comfort Care Family Dental, P.C.. (Attachments: #1 Memorandum in Opposition (Unredacted) Response in Opposition to Defendants' Motion to Exclude Relevant Market Opinions of Dr. John Solow, #2 Exhibit Exhibit 2 - Solow initial report, #3 Exhibit Exhibit 3 - Solow rebuttal report, #4 Exhibit Exhibit 4 - Patterson document, #5 Exhibit Exhibit 5 - Solow deposition transcript, #6 Exhibit Exhibit 6 - Leitzinger report) (Radice, John)
May 24, 2018 Filing 279 RESPONSE in Opposition re #274 Notice of MOTION to Strike Motion to Exclude Relevant Market Opinions of Dr. John Solow (Redacted version of response) filed by Comfort Care Family Dental, P.C.. (Attachments: #1 Declaration Declaration of Ian M. Gore, #2 Exhibit Exhibit 1 - Solow CV) (Radice, John)
April 13, 2018 Filing 278 EXHIBIT - Additional Joint Exhibits by Henry Schein, Inc.. Related document: #276 Declaration,,, filed by Henry Schein, Inc.. (Attachments: #1 Joint Exhibit AAA, #2 Joint Exhibit BBB, #3 Joint Exhibit CCC, #4 Joint Exhibit DDD, #5 Joint Exhibit EEE, #6 Joint Exhibit FFF) (Kass, Colin)
April 13, 2018 Filing 277 EXHIBIT - Additional Joint Exhibits by Henry Schein, Inc.. Related document: #276 Declaration,,, filed by Henry Schein, Inc.. (Attachments: #1 Joint Exhibit BB, #2 Joint Exhibit CC, #3 Joint Exhibit DD, #4 Joint Exhibit EE, #5 Joint Exhibit FF, #6 Joint Exhibit GG, #7 Joint Exhibit HH, #8 Joint Exhibit II, #9 Joint Exhibit JJ, #10 Joint Exhibit KK, #11 Joint Exhibit LL, #12 Joint Exhibit MM, #13 Joint Exhibit NN, #14 Joint Exhibit OO, #15 Joint Exhibit PP, #16 Joint Exhibit QQ, #17 Joint Exhibit RR, #18 Joint Exhibit SS, #19 Joint Exhibit TT, #20 Joint Exhibit UU, #21 Joint Exhibit VV, #22 Joint Exhibit WW, #23 Joint Exhibit XX, #24 Joint Exhibit YY) (Kass, Colin)
April 12, 2018 Filing 276 DECLARATION re #272 MOTION to Strike - Motion to Exclude the Opinions of Dr. James T. McClave, #271 Memorandum in Opposition - Joint Appendix by Henry Schein, Inc. (Attachments: #1 Joint Exhibit A, #2 Joint Exhibit B, #3 Joint Exhibit C, #4 Joint Exhibit D, #5 Joint Exhibit E, #6 Joint Exhibit F, #7 Joint Exhibit G, #8 Joint Exhibit H, #9 Joint Exhibit I, #10 Joint Exhibit J, #11 Joint Exhibit K, #12 Joint Exhibit L, #13 Joint Exhibit M, #14 Joint Exhibit N, #15 Joint Exhibit O, #16 Joint Exhibit P, #17 Joint Exhibit Q, #18 Joint Exhibit R, #19 Joint Exhibit S, #20 Joint Exhibit T, #21 Joint Exhibit U, #22 Joint Exhibit V, #23 Joint Exhibit W, #24 Joint Exhibit X, #25 Joint Exhibit Y, #26 Joint Exhibit Z) (Kass, Colin)
April 12, 2018 Filing 275 MEMORANDUM in Support re #274 Notice of MOTION to Strike Motion to Exclude Relevant Market Opinions of Dr. John Solow filed by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Long, James)
April 12, 2018 Filing 274 Notice of MOTION to Strike Motion to Exclude Relevant Market Opinions of Dr. John Solow by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Attachments: #1 Proposed Order) (Long, James)
April 12, 2018 Filing 273 MEMORANDUM in Support re #272 MOTION to Strike - Motion to Exclude the Opinions of Dr. James T. McClave filed by Henry Schein, Inc.. (Kass, Colin)
April 12, 2018 Filing 272 MOTION to Strike - Motion to Exclude the Opinions of Dr. James T. McClave by Henry Schein, Inc.. (Kass, Colin)
April 12, 2018 Filing 271 MEMORANDUM in Opposition re #263 Motion to Certify Class, 1 - Sealed Document CV filed by Henry Schein, Inc.. (Kass, Colin)
April 12, 2018 Filing 270 Letter MOTION to Seal by Henry Schein, Inc.. (Attachments: #1 Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification, #2 Memorandum of Law in Support of Defendants' Motion To Exclude the Opinions of Dr. James T. McClave, #3 Joint Appx Ex. A, #4 Joint Appx Ex. B, #5 Joint Appx Ex. C, #6 Joint Appx Ex. D, #7 Joint Appx Ex. E, #8 Joint Appx Ex. F, #9 Joint Appx Ex. G, #10 Joint Appx Ex. H, #11 Joint Appx Ex. I, #12 Joint Appx Ex. J, #13 Joint Appx Ex. K, #14 Joint Appx Ex. M, #15 Joint Appx Ex. N, #16 Joint Appx Ex. O, #17 Joint Appx Ex. P, #18 Joint Appx Ex. Q, #19 Joint Appx Ex. T, #20 Joint Appx Ex. W, #21 Joint Appx Ex. Y, #22 Joint Appx Ex. Z, #23 Joint Appx Ex. AA, #24 Joint Appx Ex. EE, #25 Joint Appx Ex. GG, #26 Joint Appx Ex. HH, #27 Joint Appx Ex. II, #28 Joint Appx Ex. LL, #29 Joint Appx Ex. MM, #30 Joint Appx Ex. NN, #31 Joint Appx Ex. PP, #32 Joint Appx Ex. QQ, #33 Joint Appx Ex. RR, #34 Joint Appx Ex. SS, #35 Joint Appx Ex. TT, #36 Joint Appx Ex. UU, #37 Joint Appx Ex. VV, #38 Joint Appx Ex. WW, #39 Joint Appx Ex. YY, #40 Joint Appx Ex. DDD, #41 Joint Appx Ex. EEE, #42 Joint Appx Ex. FF) (Kass, Colin)
April 4, 2018 Opinion or Order Filing 269 SCHEDULING ORDER: re: #268 Motion for Extension of Time to File amended briefing schedule. ( Ordered by Judge Brian M. Cogan on 4/4/2018) (Guzzi, Roseann)
April 3, 2018 Filing 268 Consent MOTION for Extension of Time to File Opposition to Class Certification and Daubert Briefs by Benco Dental Supply Company. (Attachments: #1 Proposed Order) (Southall, Samantha)
March 6, 2018 Filing 267 NOTICE of Appearance by Richard C. Godfrey on behalf of Henry Schein, Inc. (notification declined or already on case) (Godfrey, Richard)
March 6, 2018 Opinion or Order ELECTRONIC ORDER granting #266 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 3/6/2018. c/ecf (Johnston, Linda)
March 5, 2018 Filing 266 MOTION for Leave to Appear Pro Hac Vice Richard C. Godfrey Filing fee $ 150, receipt number 0207-10251268. by Henry Schein, Inc.. (Godfrey, Richard)
February 23, 2018 Filing 265 AFFIDAVIT/DECLARATION in Support re #263 Motion to Certify Class, 1 - Sealed Document CV filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Exhibit Exhibits 1 through 10, #2 Exhibit Exhibits 11 through 20, #3 Exhibit Exhibits 21 through 30, #4 Exhibit Exhibits 31 through 40, #5 Exhibit Exhibits 41 through 50, #6 Exhibit Exhibits 51 through 60, #7 Exhibit Exhibits 61 through 71) (Cramer, Eric)
February 23, 2018 Filing 264 MEMORANDUM in Support re #263 Motion to Certify Class, 1 - Sealed Document CV filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
February 23, 2018 Filing 263 MOTION to Certify Class by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cramer, Eric)
February 23, 2018 Opinion or Order ORDER granting class plaintiffs' #262 Motion for Leave to Electronically File Document under Seal. The documents contain confidential information, including that of third parties, and were produced pursuant to a Confidentiality Order. Counsel is directed to file the original document under seal as a separate entry. Ordered by Judge Brian M. Cogan on 2/23/2018. (Weisberg, Peggy)
February 22, 2018 Filing 262 MOTION for Leave to Electronically File Document under Seal by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Notice of Motion for Class Certification, #2 Memorandum in Support of Plaintiffs Motion for Class Certification, #3 Declaration of Eric L. Cramer, #4 Exhibit Exhibits 1 through 10 to Declaration of Eric L. Cramer, #5 Exhibit Exhibits 11 through 20 to Declaration of Eric L. Cramer, #6 Exhibit Exhibits 21 through 30 to Declaration of Eric L. Cramer, #7 Exhibit Exhibits 31 through 40 to Declaration of Eric L. Cramer, #8 Exhibit Exhibits 41 through 50 to Declaration of Eric L. Cramer, #9 Exhibit Exhibits 51 through 60 to Declaration of Eric L. Cramer, #10 Exhibit Exhibits 61 through 71 to Declaration of Eric L. Cramer) (Cramer, Eric)
February 20, 2018 Filing 261 NOTICE of Change of Address by Mark Reinhardt (Reinhardt, Mark)
February 1, 2018 Opinion or Order ORDER granting #260 Motion to Withdraw as Attorney. Attorney Bradley J. Demuth terminated. Ordered by Magistrate Judge Gary R. Brown on 2/1/2018. (McMorrow, Karen)
January 31, 2018 Filing 260 MOTION to Withdraw as Attorney by Stephen M. Grussmark, DDS, Keith Schwartz, D.M.D., P.A., Dr. Robert Corwin, DDS. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00442-BMC-GRB, 1:16-cv-00443-BMC-GRB, 1:16-cv-00479-BMC-GRB (Demuth, Bradley)
January 31, 2018 Filing 259 JPMDL ORDER DENYING TRANSFER - IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied. (Marziliano, August)
January 23, 2018 Filing 258 Letter attachment to ECF No. 256 containing witness Phillip Salerno's deposition transcript excerpts by Comfort Care Family Dental, P.C. (Radice, John)
January 23, 2018 Opinion or Order ORDER granting #254 Motion to Withdraw as Attorney. Attorney Darren T. Kaplan terminated. Ordered by Magistrate Judge Gary R. Brown on 1/23/2018. (McMorrow, Karen)
January 23, 2018 Opinion or Order ELECTRONIC ORDER granting #257 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Gary R. Brown on 1/23/2018. C/ECF (Johnston, Linda)
January 22, 2018 Filing 257 MOTION for Leave to Electronically File Document under Seal (excerpts from witness Phillip Salerno's deposition testimony) by Comfort Care Family Dental, P.C.. (Attachments: #1 Exhibit Excerpts from the deposition of Phillip Salerno) (Radice, John)
January 22, 2018 Filing 256 Letter regarding witness Phillip Salerno's deposition testimony by Comfort Care Family Dental, P.C. (Radice, John) Modified docket text on 1/22/2018 (Florio, Lisa).
January 16, 2018 Filing 255 Letter to Magistrate Judge Brown regarding compliance with Order dated December 18, 2017 (Doc. No. 251) by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc. (Southall, Samantha)
January 8, 2018 Filing 254 MOTION to Withdraw as Attorney by Joseph Styger, DDS. Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00712-BMC-GRB (Kaplan, Darren)
December 27, 2017 Opinion or Order Filing 253 STIPULATION AND ORDER granting #252 Motion for Leave to File Excess Pages. ( Ordered by Judge Brian M. Cogan on 12/27/17 ) (Guzzi, Roseann)
December 23, 2017 Filing 252 Joint MOTION for Leave to File Excess Pages (Stipulation to extend page limits for the class certification briefing) by Comfort Care Family Dental, P.C.. (Radice, John)
December 18, 2017 Opinion or Order Filing 251 ELECTRONIC ORDER RE #244 Motion to Compel: See attached Order for details. Ordered by Magistrate Judge Gary R. Brown on 12/18/2017. c/ecf (Johnston, Linda)
December 10, 2017 Filing 250 REPLY in Support re #244 First MOTION to Compel Production of Deposition Transcripts from Archer & White Sales, Inc. v. Henry Schein, Inc., et al. Motion for Leave to File Reply in Support of Motion to Compel filed by Evolution Dental Science, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Smith, Gary)
December 8, 2017 Filing 249 RESPONSE in Opposition re #244 First MOTION to Compel Production of Deposition Transcripts from Archer & White Sales, Inc. v. Henry Schein, Inc., et al. filed by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Southall, Samantha)
December 8, 2017 Filing 248 NOTICE of Appearance by Jonathan Bradley Pitt on behalf of Danaher Corporation, Dental Equipment LLC, Dental Imaging Technologies, Corporation, Instrumentarium Dental Inc., Kavo Dental Technologies LLC (aty to be noticed) (Pitt, Jonathan)
December 8, 2017 Filing 247 RESPONSE in Opposition re #244 First MOTION to Compel Production of Deposition Transcripts from Archer & White Sales, Inc. v. Henry Schein, Inc., et al. filed by Instrumentarium Dental Inc., Dental Equipment LLC, Kavo Dental Technologies LLC, Dental Imaging Technologies, Corporation, Danaher Corporation. (Attachments: #1 Exhibit 1) (Pitt, Jonathan)
December 6, 2017 Opinion or Order Filing 246 ORDER granting #245 Motion for Extension of Time to Complete Discovery. Amended Deadlines. ( Ordered by Judge Brian M. Cogan on 12/5/2017 ) (Guzzi, Roseann)
December 5, 2017 Filing 245 Fourth MOTION for Extension of Time to Complete Discovery Expert Discovery by Comfort Care Family Dental, P.C.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (Radice, John)
December 3, 2017 Filing 244 First MOTION to Compel Production of Deposition Transcripts from Archer & White Sales, Inc. v. Henry Schein, Inc., et al. by Evolution Dental Science, LLC, Bernard W. Kurek, Howard M. May, DDS, Jim Peck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Smith, Gary)
November 21, 2017 Opinion or Order ORDER granting #199 in case 2:15-cv-05440; #243 in case 1:16-cv-00696; #40 in case 2:17-cv-04834, Motion for Leave to Electronically File Documents under Seal. The Court may revisit its decision if the case is transferred. Counsel is directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Brian M. Cogan on 11/21/2017. (Weisberg, Peggy)
November 20, 2017 Filing 243 MOTION for Leave to Electronically File Document under Seal by Benco Dental Supply Company, Patterson Companies, Inc.. (Attachments: #1 Exhibit A - Demonstrative Chart, #2 Exhibit B - Second Amended Complaint) (Long, James)
November 20, 2017 Filing 242 NOTICE by Benco Dental Supply Company, Patterson Companies, Inc. re #236 Notice(Other) Reply Filed in JPML (Long, James)
October 26, 2017 Filing 241 NOTICE of Change of Business Address by Tina Wolfson Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Wolfson, Tina)
October 17, 2017 Opinion or Order Filing 240 ORDER re #238 Stipulation filed by Henry Schein, Inc. re: Discovery. ( Ordered by Judge Brian M. Cogan on 10/17/2017 ) (Guzzi, Roseann)
October 17, 2017 Filing 239 EXHIBIT {Exhibits B and C filed under seal} by Benco Dental Supply Company, Patterson Companies, Inc.. Related document: #236 Notice(Other) filed by Patterson Companies, Inc., Benco Dental Supply Company. (Attachments: #1 Exhibit C) (Scher, Howard)
October 17, 2017 Filing 238 STIPULATION Regarding Discovery of Scott's Dental Supply by Henry Schein, Inc. (Kass, Colin)
October 17, 2017 Opinion or Order ORDER granting #168 in case 2:15-cv-05440; #237 in case 1:16-cv-00696; #33 in case 2:17-cv-04834, Motion for Leave to Electronically File Documents under Seal. The Court may revisit its decision if the case is transferred. Counsel is directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Brian M. Cogan on 10/17/2017. (Weisberg, Peggy)
October 16, 2017 Filing 237 Letter MOTION for Leave to Electronically File Document under Seal by Benco Dental Supply Company, Patterson Companies, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C) (Scher, Howard)
October 16, 2017 Filing 236 NOTICE by Benco Dental Supply Company, Patterson Companies, Inc. of Motion to Transfer filed in JPML (Scher, Howard)
September 20, 2017 Opinion or Order Filing 235 MEMORANDUM DECISION AND ORDER dated 9/20/17 granting defendant Burkhart's #134 Motion to Dismiss plaintiffs Second Consolidated Class Action Complaint. ( Ordered by Judge Brian M. Cogan on 9/20/2017 ) (Guzzi, Roseann)
September 12, 2017 Opinion or Order Filing 234 ORDER granting #233 Motion for Extension of Time to Complete Discovery. Plaintiffs' expert reports due 9/19/2017; defendants' expert reports due 11/20/2017; plaintiffs' rebuttal due 1/16/2018. See Amended Scheduling Order. Ordered by Judge Brian M. Cogan on 9/12/2017. (Weisberg, Peggy)
September 12, 2017 Filing 233 Emergency MOTION for Extension of Time to Complete Discovery First Emergency Consent Motion for an Extension of the Expert Disclosure Deadlines as a Result of Hurricane Irma by Comfort Care Family Dental, P.C.. (Attachments: #1 Proposed Order) (Radice, John)
September 8, 2017 Opinion or Order ORDER granting #229 Motion to Seal. Ordered by Judge Brian M. Cogan on 9/8/2017. (Weisberg, Peggy)
August 22, 2017 Opinion or Order ELECTRONIC ORDER granting #232 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 8/22/2017. C/ECF (Johnston, Linda)
August 21, 2017 Filing 232 MOTION for Leave to Appear Pro Hac Vice for Aaron Goldstein Filing fee $ 150, receipt number 0207-9771098. by Burkhart Dental Supply Company. (Montcalm, Jonathan)
August 18, 2017 Filing 231 Notice of Related Case indicated on the civil cover sheet in case 17-CV-4834(SJF)(SIL). (Landow, Concetta)
August 16, 2017 Opinion or Order ORDER denying #230 Motion for Reconsideration. "A motion for reconsideration may not be used to advance new facts, issues or arguments not previously presented to the Court, nor may it be used as a vehicle for relitigating issues already decided by the Court." Montblanc-Simplo GmbH v. Colibri Corp., 739 F. Supp. 2d 143, 147 (E.D.N.Y. 2010). Plaintiffs' motion assumes that the Court relied on the parties' arguments regarding the discovery disputes that transpired during the pendency of discovery, but those issues were and remain immaterial, mooting the vast majority of plaintiffs' motion (either as immaterial or as new facts and arguments raised for the first time on reconsideration). If a party fails to raise a discovery dispute, that party has waived its right to that discovery; I am not going to hear about those disputes at this late date. On 6/15/2017, plaintiffs moved for an extension of time to complete discovery with Burkhart and stated in their application that no other dates, including expert discovery, were being changed. Thus, the Court's only concern as to the third motion for an extension of time is what transpired between 6/15/2017 and 8/4/2017 that would necessitate an extension, and the only issue raised as to that time period is plaintiffs' need to have Schein reproduce its last production 25 days after the close of discovery. That did not warrant a 90-day extension on plaintiffs' initial motion, nor does it warrant a 30-day extension now. The Court did not overlook any of the relevant facts, and plaintiffs' attempt to relitigate the same issue is rejected. Ordered by Judge Brian M. Cogan on 8/16/2017. (Weisberg, Peggy)
August 15, 2017 Filing 230 MOTION for Reconsideration re Order on Motion for Extension of Time to Complete Discovery,,, Motion for Reconsideration of Order Denying Class Plaintiffs' Motion to Extend the Expert Discovery Deadline by Comfort Care Family Dental, P.C.. (Attachments: #1 Exhibit Exhibit 1 - Henry Schein's Objections and Responses to Plaintiffs' First Set of RFPs) (Radice, John)
August 14, 2017 Opinion or Order ORDER denying #224 Second MOTION for Extension of Time to Complete Discovery. Plaintiffs have failed to establish that good cause exists for an extension of the expert discovery schedule. Defendants have not engaged in dilatory tactics; rather, it is clear from plaintiffs' letter that their expert made analytical errors that have put him and his team behind their desired schedule. Plaintiffs' supplemental declaration regarding the additional Burkhart production is similarly unavailing -- plaintiffs sought and received an extension of Burkhart's discovery until 8/10/2017, so a production on 8/4/2017 is both timely and not reason enough to change the expert report deadlines, especially given the relatively small number of documents contained therein. Plaintiffs have already received two extensions of time, and they have shown no good cause to warrant a third. Ordered by Judge Brian M. Cogan on 8/14/2017. (Weisberg, Peggy)
August 11, 2017 Filing 229 MOTION to Seal the Declaration of Adrian Fontecilla and the exhibits thereto by Henry Schein, Inc.. (Attachments: #1 Declaration of Adrian Fontecilla (under seal), #2 Exhibit A (under seal), #3 Exhibit B (under seal), #4 Exhibit C (under seal), #5 Exhibit D (under seal), #6 Exhibit E (under seal), #7 Exhibit F (under seal), #8 Exhibit G (under seal), #9 Exhibit H (under seal), #10 Exhibit I (under seal), #11 Exhibit J (under seal), #12 Exhibit K (under seal), #13 Exhibit L (under seal), #14 Exhibit M (under seal), #15 Exhibit N (under seal), #16 Exhibit O (under seal), #17 Exhibit P (under seal), #18 Exhibit Q (under seal), #19 Exhibit R (under seal), #20 Exhibit S (under seal)) (Kass, Colin)
August 11, 2017 Filing 228 RESPONSE in Opposition re #224 Second MOTION for Extension of Time to Complete Discovery Second Motion for an Extension of the Expert Discovery Schedule filed by Henry Schein, Inc.. (Kass, Colin)
August 11, 2017 Filing 227 RESPONSE in Opposition re #224 Second MOTION for Extension of Time to Complete Discovery Second Motion for an Extension of the Expert Discovery Schedule filed by Benco Dental Supply Company. (Scher, Howard)
August 11, 2017 Filing 226 RESPONSE in Opposition re #224 Second MOTION for Extension of Time to Complete Discovery Second Motion for an Extension of the Expert Discovery Schedule filed by Patterson Companies, Inc.. (Long, James)
August 9, 2017 Filing 225 DECLARATION re #224 Second MOTION for Extension of Time to Complete Discovery Second Motion for an Extension of the Expert Discovery Schedule Supplemental Declaration of James T. McClave, PhD by Comfort Care Family Dental, P.C. (Radice, John)
August 7, 2017 Opinion or Order ORDER re: #224 Second Motion for Extension of Time to Complete Discovery. Defendants' responses to this motion are due by 8/11/2017. Ordered by Judge Brian M. Cogan on 8/7/2017. (Weisberg, Peggy)
August 4, 2017 Filing 224 Second MOTION for Extension of Time to Complete Discovery Second Motion for an Extension of the Expert Discovery Schedule by Comfort Care Family Dental, P.C.. (Attachments: #1 Proposed Order Proposed Scheduling Order, #2 Declaration Declaration of James T. McClave, PhD, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7) (Radice, John)
August 3, 2017 Opinion or Order Filing 223 ORDER in case 1:16-cv-00696-BMC-GRB; denying (1) Motion to Compel in case 1:17-mc-01947-BMC-GRB. See order for details. Ordered by Magistrate Judge Gary R. Brown on 8/3/2017. (McMorrow, Karen)
July 21, 2017 Filing 222 Letter Defendant Benco's Supplemental Letter Pursuant to Court's July 14, 2017 Order Regarding Archer and White Sales, Inc.'s Motion to Compel in Related Action by Benco Dental Supply Company (Scher, Howard)
July 20, 2017 Filing 221 Letter informing the Court of Archer and White Sales, Inc.'s second filing in its miscellaneous subpoena action by Comfort Care Family Dental, P.C. (Attachments: #1 Exhibit Archer and White Sales, Inc.'s second letter to Judge Brown in miscellaneous action, concerning EDTX order) (Radice, John)
July 20, 2017 Filing 220 Letter informing the Court of Archer and White Sales, Inc.'s filing in its miscellaneous subpoena action by Comfort Care Family Dental, P.C. (Attachments: #1 Exhibit Archer and White Sales, Inc.'s letter to Judge Brown in miscellaneous action concerning EDTX hearing) (Radice, John)
July 18, 2017 Filing 219 Letter Pursuant to the Court's July 14, 2017 Order Regarding the Motion to Compel by Archer & White Sales, Inc. by Burkhart Dental Supply Company (Silberberg, Richard)
July 18, 2017 Filing 218 Letter Defendant Benco's Letter Pursuant to Court's July 14, 2017 Order Regarding Archer and White Sales, Inc.'s Motion to Compel in Related Action by Benco Dental Supply Company (Scher, Howard)
July 18, 2017 Filing 217 Letter Pursuant to the Court's July 14, 2017 Order regarding Archer & White Sales' Motion to Compel by Patterson Companies, Inc. (Miller, Michael)
July 18, 2017 Filing 216 Letter stating Class Plaintiffs' position on Archer & White subpoena issue by Comfort Care Family Dental, P.C. (Radice, John)
July 18, 2017 Filing 215 Letter Defendant Schein's Letter Pursuant to Court's July 14, 2017 Order Regarding Archer and White Sales, Inc.'s Motion to Compel in Related Action by Henry Schein, Inc. (Attachments: #1 Exhibit 1) (Kass, Colin)
July 14, 2017 Opinion or Order ELECTRONIC ORDER re #214 Letter filed by Henry Schein, Inc., Patterson Companies, Inc., Burkhart Dental Supply Company, Benco Dental Supply Company. Application granted, on consent. The proposed deadline for defendants to respond is hereby So Ordered. Defense counsel shall serve a copy of this Electronic Order on Counsel for Non-Party Archer and White Sales Inc. forthwith. Ordered by Magistrate Judge Gary R. Brown on 7/14/2017. c/ecf (Johnston, Linda)
July 13, 2017 Filing 214 Letter to Judge Gary R. Brown requesting guidance concerning a related action by Benco Dental Supply Company, Burkhart Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc. (Fontecilla, Adrian)
July 13, 2017 Filing 213 REPLY in Support re Order to Show Cause,, filed by Burkhart Dental Supply Company. (Silberberg, Richard)
July 13, 2017 Opinion or Order ORDER granting #211 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Brian M. Cogan on 7/13/2017. (Weisberg, Peggy)
July 12, 2017 Filing 212 REPLY in Support re Order to Show Cause,, filed by Burkhart Dental Supply Company. (Silberberg, Richard)
July 12, 2017 Filing 211 MOTION for Leave to Electronically File Document under Seal by Burkhart Dental Supply Company. (Attachments: #1 Memorandum in Support) (Silberberg, Richard)
July 5, 2017 Filing 210 RESPONSE TO ORDER TO SHOW CAUSE by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Cramer, Eric)
June 19, 2017 Opinion or Order Filing 209 ORDER dated 6/16/17 re: extension of fact discovery deadline and stipulation regarding remaining discovery. ( Ordered by Judge Brian M. Cogan on 6/16/2017 ) (Guzzi, Roseann)
June 19, 2017 Opinion or Order ORDER granting #208 Motion to Withdraw as Attorney. Attorney Jeffrey B. Dubner terminated. Ordered by Magistrate Judge Gary R. Brown on 6/19/2017. (McMorrow, Karen)
June 19, 2017 Opinion or Order ORDER TO SHOW CAUSE. Class plaintiffs are ORDERED TO SHOW CAUSE why Burkhart's motion to dismiss for lack of personal jurisdiction should not be granted and plaintiffs' claims against Burkhart dismissed in light of Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., No. 16-466. Class plaintiffs' response to the Order to Show Cause due 7/5/2017, and Burkhart's reply, if any, due 7/12/2017. Ordered by Judge Brian M. Cogan on 6/19/2017. (Weisberg, Peggy)
June 16, 2017 Filing 208 MOTION to Withdraw as Attorney and Declaration of Richard Koffman in Support of Motion to Withdraw Jeffrey B. Dubner by Robert W. Grodner, DDS. (Koffman, Richard)
June 16, 2017 Opinion or Order ELECTRONIC ORDER granting #205 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 6/16/2017. c/ecf (Johnston, Linda)
June 16, 2017 Opinion or Order ELECTRONIC ORDER granting #207 Motion for Extension of Time to Complete Discovery. Application granted. The parties' proposed stipulation is hereby So Ordered. Ordered by Magistrate Judge Gary R. Brown on 6/16/2017. c/ecf (Johnston, Linda)
June 15, 2017 Filing 207 Second MOTION for Extension of Time to Complete Discovery as to Defendant Burkhart and Stipulation Between Class Plaintiffs and Defendant Burkhart Regarding Discovery by Comfort Care Family Dental, P.C.. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Extend Fact Discovery as to Defendant Burkhart and Stipulation Between Class Plaintiffs and Defendant Burkhart Regarding Discovery) (Radice, John)
June 15, 2017 Filing 206 NOTICE by Rittenhouse Smiles, P.C. Notice of Change of Firm Name, Spector Roseman & Kodroff P.C. (Spector, Eugene)
June 15, 2017 Filing 205 MOTION for Leave to Appear Pro Hac Vice of Charles J. Kocher, Esq. Filing fee $ 150, receipt number 0207-9607734. by Bernard W. Kurek, Larchmont Dental Associates, P.C.. (Attachments: #1 Declaration Declaration of Charles J. Kocher in Support of Pro Hac Vice Application, #2 Exhibit Exh. A., #3 Exhibit Exh. B.) (Kocher, Charles)
June 12, 2017 Filing 204 NOTICE of Appearance by James Andrew Langan on behalf of Henry Schein, Inc. (notification declined or already on case) (Langan, James)
June 12, 2017 Opinion or Order ELECTRONIC ORDER granting #202 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 6/12/2017. C/ECF (Johnston, Linda)
June 10, 2017 Opinion or Order Filing 203 ORDER in case 1:16-cv-00282-BMC-GRB; denying [199, 200] Motion to Vacate. For the foregoing reasons, Judge Browns Order is affirmed, plaintiffs Rule 72 objections are overruled, and their motions to vacate #199 #200 are denied. Ordered by Judge Brian M. Cogan on 6/10/2017. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Cogan, Brian)
June 9, 2017 Filing 202 MOTION for Leave to Appear Pro Hac Vice for J. Andrew Langan Filing fee $ 150, receipt number 0207-9591643. by Henry Schein, Inc.. (Langan, James)
June 7, 2017 Filing 201 NOTICE of Appearance by Jaran R. Moten on behalf of Henry Schein, Inc. (notification declined or already on case) (Moten, Jaran)
June 7, 2017 Filing 200 MOTION to Vacate Order on Motion for Protective Order,,,, Memorandum of Law in Support of Class Plaintiffs' Rule 72(a) Objections to May 23, 2017 Order Granting Motion for a Protective Order (unredacted and with exhibits) by Comfort Care Family Dental, P.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45) (Radice, John)
June 7, 2017 Opinion or Order ELECTRONIC ORDER granting #198 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Gary R. Brown on 6/7/2017. C/ECF (Johnston, Linda)
June 7, 2017 Opinion or Order ELECTRONIC ORDER granting #197 Motion for Extension of Time to Complete Discovery. The parties' proposed Stipulation is hereby So Ordered. Ordered by Magistrate Judge Gary R. Brown on 6/7/2017. (Johnston, Linda)
June 6, 2017 Filing 199 MOTION to Vacate Order on Motion for Protective Order,,,, by Comfort Care Family Dental, P.C.. (Attachments: #1 Declaration Declaration of John Radice, #2 Memorandum in Support Class Plaintiffs' Rule 72(a) Objections to May 23, 2017 Order (redacted)) (Radice, John)
June 6, 2017 Filing 198 MOTION for Leave to Electronically File Document under Seal by Comfort Care Family Dental, P.C.. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Class Plaintiffs' Rule 72(a) Objections to May 23, 2017 Order Granting Motion for a Protective Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45) (Radice, John)
June 6, 2017 Filing 197 Consent MOTION for Extension of Time to Complete Discovery to take deposition of non-party James Archer Jr. by Benco Dental Supply Company. (Southall, Samantha)
June 6, 2017 Filing 196 MOTION for Leave to Appear Pro Hac Vice for Jaran R. Moten Filing fee $ 150, receipt number 0207-9580281. by Henry Schein, Inc.. (Moten, Jaran)
June 6, 2017 Opinion or Order ELECTRONIC ORDER granting #196 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 6/6/2017. C/ECF (Johnston, Linda)
June 6, 2017 Opinion or Order ORDER granting #195 Motion to Withdraw as Attorney. Attorney David Woodward terminated. Ordered by Magistrate Judge Gary R. Brown on 6/6/2017. (McMorrow, Karen)
June 5, 2017 Filing 195 MOTION to Withdraw as Attorney and Declaration of David Woodward in Support of Motion to Withdraw by Casey Nelson. (Woodward, David)
May 23, 2017 Filing 194 NOTICE of Appearance by Barack Echols on behalf of Henry Schein, Inc. (notification declined or already on case) (Echols, Barack)
May 23, 2017 Opinion or Order ELECTRONIC ORDER granting #192 #193 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 5/23/2017. C/ECF (Johnston, Linda)
May 23, 2017 Opinion or Order ORDER granting #188 Motion for Protective Order. Defendant Henry Schein, Inc. ("Schein") seeks a protective order as to several discovery devices aimed at obtaining information about separate and independent businesses run by Schein, to wit: medical and veterinarian supply businesses. The discovery sought, even by plaintiffs' characterization, appears to be, at best, contextual background material which could conceivably serve as FRE 404(b)-type evidence. However, the burden of obtaining this information (as well as the inevitable follow-up to such a production), even if relevant, is substantial. Notably, some of the data sought resides in a legacy computer system incompatible with any present systems operated by defendant, which would serve to increase the costs and effort. Moreover, the risk of delay of this case attendant to these requests -- given the advanced state of discovery -- is substantial. In carefully balancing the costs and burdens of providing this material against the speculative and attenuated probative value, I find that the discovery sought is disproportionate. Therefore, the protective order is hereby GRANTED. Ordered by Magistrate Judge Gary R. Brown on 5/23/2017. (Brown, Gary)
May 22, 2017 Filing 193 MOTION for Leave to Appear Pro Hac Vice Barack S. Echols Filing fee $ 150, receipt number 0207-9546117. by Henry Schein, Inc.. (Echols, Barack)
May 22, 2017 Opinion or Order ELECTRONIC ORDER deferring ruling on #192 Motion for Leave to Appear Pro Hac Vice. The undersigned hereby defers ruling on the petition to appear pro hac vice until petitioner files a motion in conformity with Local Civil Rule 1.3(c)(1)(a)&(b). Ordered by Magistrate Judge Gary R. Brown on 5/22/2017. c/ecf (Johnston, Linda)
May 19, 2017 Filing 192 Notice of MOTION for Leave to Appear Pro Hac Vice for Barack S. Echols Filing fee $ 150, receipt number 0207-9540342. by Henry Schein, Inc.. (Echols, Barack)
May 16, 2017 Filing 191 AFFIDAVIT/DECLARATION in Opposition re #188 MOTION for Protective Order Precluding Discovery into Schein's Medical and Animal Health Businesses (UNDER SEAL) filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20) (Smith, Gary)
May 16, 2017 Filing 190 REPLY in Opposition re #188 MOTION for Protective Order Precluding Discovery into Schein's Medical and Animal Health Businesses (UNDER SEAL) filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Smith, Gary)
May 16, 2017 Opinion or Order ELECTRONIC ORDER granting #189 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov..Counsel is directed to either file your original document unsealed or not at all. Counsel is further directed to provide the Court with a courtesy copy of the document(s). Ordered by Magistrate Judge Gary R. Brown on 5/16/2017. c/ecf (Johnston, Linda)
May 15, 2017 Filing 189 Letter MOTION for Leave to Electronically File Document under Seal by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Class Plaintiffs' Opposition to Defendant Henry Schein, Inc.'s Motion for a Protective Order, #2 Declaration Gary I. Smith, Jr., #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20) (Smith, Gary)
May 8, 2017 Filing 188 MOTION for Protective Order Precluding Discovery into Schein's Medical and Animal Health Businesses by Henry Schein, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Kass, Colin)
April 24, 2017 Opinion or Order ORDER granting in part and denying in part #166 and #167 . On this motion, plaintiffs seek to compel production of certain documents and information from non-party Strategic Data Marketing, LLC ("SDM"), specifically certain reports produced to defendants as well as the underlying raw data relating to those reports. SDM objects to production of the reports essentially because the "information that the Plaintiffs seek was provided in confidence." DE #178 at 1. No privilege is invoked, and the concerns raised by SDM are more than adequately addressed by subjecting the reports to be furnished to the existing confidentiality order in this case. The underlying raw data, however, presents a different situation. SDM has articulated -- at least at this juncture -- sufficient facts to support a finding that production of the underlying data would be an undue burden upon this non-party, four-person business. The data sought extends over a decade, involves a variety of electronic formats and storage media, and would require substantial distraction and time investments by management and legal counsel, even though plaintiffs have offered to reimburse SDM for out-of-pocket costs. Furthermore, while plaintiffs have articulated a basis for relevance, the issue is more one of completeness than discovery. Hence, on balance, the burden on SDM appears to outweigh the interests of plaintiffs regarding the raw data.Therefore, it is hereby ORDERED that plaintiffs' motion to compel is GRANTED as to the subject reports but DENIED as to the underlying raw data. Furthermore, SDM may make an appropriate designation of the reports under the existing confidentiality order.Ordered by Magistrate Judge Gary R. Brown on 4/24/2017. (Brown, Gary)
April 20, 2017 Opinion or Order ELECTRONIC ORDER granting #181 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office; granting #187 Motion to Amend/Correct/Supplement. Ordered by Magistrate Judge Gary R. Brown on 4/20/2017. C/ECF (Johnston, Linda)
April 19, 2017 Filing 187 Notice of MOTION to Amend/Correct/Supplement #181 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9458048. by Henry Schein, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Lancaster, Sarah)
April 19, 2017 Filing 186 REPLY to Response to Motion re #167 MOTION to Compel Strategic Data Marketing, LLC's compliance with Rule 45 subpoena, with unredacted supporting documents (Unredacted version of reply) filed by Comfort Care Family Dental, P.C.. (Rubenstein, Daniel)
April 19, 2017 Opinion or Order ELECTRONIC ORDER granting #185 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Gary R. Brown on 4/19/2017. C/ECF (Johnston, Linda)
April 19, 2017 Opinion or Order ELECTRONIC ORDER deferring ruling on #181 Motion for Leave to Appear Pro Hac Vice. The undersigned hereby defers ruling on the petition to appear pro hac vice until petitioner files a motion in conformity with Local Civil Rule 1.3(c)(1)(a)&(b). Ordered by Magistrate Judge Gary R. Brown on 4/19/2017. c/ecf (Johnston, Linda)
April 18, 2017 Filing 185 MOTION for Leave to Electronically File Document under Seal Unredacted version of reply in support of Class Plaintiffs' motion to compel Strategic Data Marketing, LLC's compliance with Rule 45 subpoena by Comfort Care Family Dental, P.C.. (Attachments: #1 Memorandum in Support Unredacted version of reply) (Rubenstein, Daniel)
April 18, 2017 Filing 184 REPLY to Response to Motion re #167 MOTION to Compel Strategic Data Marketing, LLC's compliance with Rule 45 subpoena, with unredacted supporting documents (Redacted version of reply) filed by Comfort Care Family Dental, P.C.. (Rubenstein, Daniel)
April 18, 2017 Filing 183 NOTICE of Appearance by Lauren M. Fincher on behalf of Henry Schein, Inc. (notification declined or already on case) (Fincher, Lauren)
April 18, 2017 Filing 182 NOTICE of Appearance by Lauren M. Fincher on behalf of Henry Schein, Inc. (aty to be noticed) (Fincher, Lauren)
April 18, 2017 Filing 181 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9458048. by Henry Schein, Inc.. (Attachments: #1 Notice of Motion, #2 Affidavit, #3 Proposed Order) (Lancaster, Sarah)
April 17, 2017 Opinion or Order ORDER granting #180 Motion to Withdraw as Attorney. Attorney Scott Abeles terminated. Ordered by Magistrate Judge Gary R. Brown on 4/17/2017. (McMorrow, Karen)
April 14, 2017 Filing 180 MOTION to Withdraw as Attorney by Henry Schein, Inc.. (Abeles, Scott)
April 14, 2017 Opinion or Order ELECTRONIC ORDER granting #179 Motion for Extension of Time to File Response/Reply. Application granted. Ordered by Magistrate Judge Gary R. Brown on 4/14/2017. c/ecf (Johnston, Linda)
April 13, 2017 Filing 179 Consent MOTION for Extension of Time to File Response/Reply as to #178 Sealed, Memorandum in Opposition to Class Plaintiffs' Motion to Compel Strategic Data Marketing, LLC's Compliance with Rule 45 Subpoena by Comfort Care Family Dental, P.C.. (Rubenstein, Daniel)
April 11, 2017 Filing 178 MEMORANDUM in Opposition re Order on Motion for Leave to Electronically File Document under Seal, to Plaintiffs' Motion to Compel filed by Data Marketing Strategic. (Hecker, Dustin)
April 10, 2017 Opinion or Order Filing 177 SCHEDULING ORDER re: #176 amended deadlines. ( Ordered by Judge Brian M. Cogan on 4/10/2017 ) (Guzzi, Roseann)
April 10, 2017 Opinion or Order ELECTRONIC ORDER granting #174 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Gary R. Brown on 4/10/2017. c/ecf (Johnston, Linda)
April 7, 2017 Filing 176 First MOTION for Extension of Time to Complete Discovery Class Plaintiffs' Unopposed First Request for a Schedule Extension by Comfort Care Family Dental, P.C.. (Attachments: #1 Proposed Order Proposed Scheduling Order) (Radice, John)
April 7, 2017 Filing 175 DECLARATION re #174 MOTION for Leave to Electronically File Document under Seal Opposition to Motion to Compel Under Seal Pursuant to Protective Order [Declaration of Jacinta Francis] by Data Marketing Strategic (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hecker, Dustin)
April 7, 2017 Filing 174 MOTION for Leave to Electronically File Document under Seal Opposition to Motion to Compel Under Seal Pursuant to Protective Order by Data Marketing Strategic. (Attachments: #1 Memorandum in Opposition) (Hecker, Dustin)
April 5, 2017 Filing 173 Letter Enclosing Supplemental Declaration of Jeff Reece by Burkhart Dental Supply Company (Attachments: #1 Declaration (Supplemental Reece - Under Seal)) (Silberberg, Richard)
April 5, 2017 Opinion or Order ORDER granting #172 . In light of my prior ruling finding that Burkhart has provided sufficient information that sealing this witness's declaration is necessary to protect against the creation of a competitive disadvantage by disclosure, and that this submission amends information contained in his prior sealed declaration, Burkhart may also file the supplemental declaration under seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Brian M. Cogan on 4/5/2017. (Weisberg, Peggy)
April 5, 2017 Opinion or Order ELECTRONIC ORDER granting #170 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Gary R. Brown on 4/5/2017. c/ecf (Johnston, Linda)
April 4, 2017 Filing 172 MOTION for Leave to Electronically File Document under Seal by Burkhart Dental Supply Company. (Attachments: #1 Declaration (Cover Letter), #2 Declaration) (Silberberg, Richard)
April 4, 2017 Filing 171 Letter Enclosing Supplemental Declaration of Jeff Reece by Burkhart Dental Supply Company (Attachments: #1 Declaration) (Silberberg, Richard)
April 4, 2017 Filing 170 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9421407. by Strategic Data Marketing. (Attachments: #1 Affidavit, #2 Good Standing Certificate) (Hecker, Dustin)
April 3, 2017 Opinion or Order Filing 169 ORDER granting #168 Motion for Protective Order. Ordered by Magistrate Judge Gary R. Brown on 4/3/2017. (McMorrow, Karen)
March 31, 2017 Filing 168 Consent MOTION for Protective Order (Proposed Amended Confidentiality Order) by Comfort Care Family Dental, P.C.. (Radice, John)
March 30, 2017 Filing 167 MOTION to Compel Strategic Data Marketing, LLC's compliance with Rule 45 subpoena, with unredacted supporting documents by Comfort Care Family Dental, P.C.. (Attachments: #1 Memorandum in Support Memorandum of Law (unredacted), #2 Declaration Declaration of Kenneth Pickle (unredacted)) (Radice, John)
March 30, 2017 Filing 166 MOTION to Compel Strategic Data Marketing, LLC's compliance with Rule 45 subpoena, with redacted supporting documents by Comfort Care Family Dental, P.C.. (Attachments: #1 Memorandum in Support Memorandum of Law (redacted), #2 Declaration Declaration of Kenneth Pickle (redacted)) (Radice, John)
March 30, 2017 Opinion or Order ELECTRONIC ORDER granting #164 Motion for Extension of Time to File. Consistent with Judge Cote's Order, liaison counsel for class action plaintiffs are directed to file their motion papers and all exhibits, including redacted public filings and unredacted sealed filings. Furthermore, the motion for extension of time to respond to the motion to compel is GRANTED. Ordered by Magistrate Judge Gary R. Brown on 3/30/2017. c/ecf (Meehan, James)
March 28, 2017 Opinion or Order Incorrect Case/Document/Entry Information. Docket entry 162 ORDER re 157 MOTION for Leave to Electronically File Document under Seal filed by Comfort Care Family Dental, P.C.; 158 Reply in Opposition, filed by Henry Schein, Inc., Patterson Companies, Inc., Benco Dental Supply Company: See attached Order for details. Ordered by Magistrate Judge Gary R. Brown on 3/27/2017. c/ecf (Johnston, Linda) was deleted from the docket to correct a clerical mistake. It was added as DE165. There will be no document 162 on the docket. (McMorrow, Karen) (Entered: 03/28/2017)
March 27, 2017 Opinion or Order Filing 165 ORDER granting in part #163 Motion to Amend/Correct/Supplement. See attached order for details. Ordered by Magistrate Judge Gary R. Brown on 3/27/2017. (McMorrow, Karen)
March 27, 2017 Filing 164 MOTION for Extension of Time to File motion to enlarge time to respond to motion to compel compliance with non-party subpoena (assented-to) by Strategic Data Marketing, Data Marketing Strategic, Strategic Data Marketing. (Hecker, Dustin)
March 27, 2017 Filing 163 MOTION to Amend/Correct/Supplement Order on Motion for Protective Order by Comfort Care Family Dental, P.C.. (Attachments: #1 Exhibit Proposed Amended Confidentiality Order) (Radice, John)
March 27, 2017 Opinion or Order ELECTRONIC ORDER granting #157 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Gary R. Brown on 3/27/2017. C/ECF (Johnston, Linda)
March 17, 2017 Filing 160 MEMORANDUM OF LAW in Support of Class Plaintiffs' Motion to Compel Strategic Data Marketing, LLC's Compliance with Rule 45 Subpoena (Bowens, Priscilla)
March 17, 2017 Filing 159 DECLARATION of Kenneth Pickle in Support of Class Plaintiffs' Motion to Compel Strategic Data Marketing, LLC's Compliance with Rule 45 Subpoena. (Bowens, Priscilla)
March 17, 2017 Filing 158 REPLY in Opposition - Response to putative class plaintiffs' March 10, 2017 pre-motion letter regarding their request to amend the Confidentiality Order filed by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc.. (Kass, Colin)
March 15, 2017 MOTIONS REFERRED: #157 MOTION for Leave to Electronically File Document under Seal referred to Magistrate Judge Gary R. Brown. (Weisberg, Peggy)
March 10, 2017 Filing 157 MOTION for Leave to Electronically File Document under Seal by Comfort Care Family Dental, P.C.. (Attachments: #1 Letter to Judge Cogan re: amending the confidentiality order, #2 Proposed amended confidentiality order) (Radice, John)
March 10, 2017 Opinion or Order ORDER granting #156 David Schumacher's Motion for Leave to Appear Pro Hac Vice as counsel for defendant Benco Dental Supply Company. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Judge Brian M. Cogan on 3/10/2017. (Weisberg, Peggy)
March 8, 2017 Filing 156 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9349622. by Benco Dental Supply Company. (Attachments: #1 Affidavit of David Schumacher, #2 Exhibit A - Certificate of Good Standing) (Schumacher, David)
March 6, 2017 Filing 155 NOTICE of Change of Address by Warren Burns (Burns, Warren)
March 6, 2017 Filing 154 REPLY in Support re #134 MOTION to Dismiss Second Consolidated Class Action Complaint (Documents under seal per 3/6/2017 Order) filed by Burkhart Dental Supply Company. (Attachments: #1 Reply Declaration of Jeff Reece (under seal), #2 Ex. A to Reply Declaration of Dai Wai Chin Feman (under seal)) (Silberberg, Richard)
March 6, 2017 Opinion or Order ORDER granting #153 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Brian M. Cogan on 3/6/2017. (Weisberg, Peggy)
March 3, 2017 Filing 153 MOTION for Leave to Electronically File Document under Seal by Burkhart Dental Supply Company. (Attachments: #1 Reply Brief, #2 Reply Declaration of Jeff Reece, #3 Ex. A to Reply Declaration of Dai Wai Chin Feman) (Silberberg, Richard)
March 3, 2017 Filing 152 AFFIDAVIT/DECLARATION in Support re #134 MOTION to Dismiss Second Consolidated Class Action Complaint Reply Declaration of Dai Wai Chin Feman filed by Burkhart Dental Supply Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Silberberg, Richard)
March 3, 2017 Filing 151 AFFIDAVIT/DECLARATION in Support re #134 MOTION to Dismiss Second Consolidated Class Action Complaint Reply Declaration of Jeff Reece filed by Burkhart Dental Supply Company. (Silberberg, Richard)
March 3, 2017 Filing 150 REPLY in Support re #134 MOTION to Dismiss Second Consolidated Class Action Complaint filed by Burkhart Dental Supply Company. (Silberberg, Richard)
March 2, 2017 Filing 149 MOTION to Withdraw as Attorney by Benco Dental Supply Company. (Warren, Jackson)
March 2, 2017 Filing 148 MEMORANDUM in Opposition re #134 MOTION to Dismiss Second Consolidated Class Action Complaint filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Declaration of Eric L. Cramer, #2 Declaration of Gary I. Smith, Jr.) (Smith, Gary)
March 2, 2017 Filing 147 MEMORANDUM in Opposition re #134 MOTION to Dismiss Second Consolidated Class Action Complaint filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Declaration of Eric L. Cramer, #2 Declaration of Gary I. Smith, Jr.) (Smith, Gary)
March 2, 2017 Opinion or Order ORDER granting #149 Motion to Withdraw as Attorney. Attorney Jackson E. Warren terminated. Ordered by Judge Brian M. Cogan on 3/2/2017. (Weisberg, Peggy)
March 1, 2017 Filing 146 NOTICE of Appearance by Joshua H. Grabar on behalf of Stanford Dresnin, DDS (notification declined or already on case) (Attachments: #1 Certificate of Service) (Grabar, Joshua)
February 28, 2017 Opinion or Order ORDER granting #144 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Gary R. Brown on 2/28/2017. c/ecf (Johnston, Linda)
February 27, 2017 Filing 145 NOTICE by Stanford Dresnin, DDS re #144 MOTION for Leave to Appear Pro Hac Vice of Joshua H. Grabar Filing fee $ 150, receipt number 0207-9323252. (Re Docket No. 144 Text of Proposed Order) (Grabar, Joshua)
February 27, 2017 Filing 144 MOTION for Leave to Appear Pro Hac Vice of Joshua H. Grabar Filing fee $ 150, receipt number 0207-9323252. by Stanford Dresnin, DDS. (Attachments: #1 Affidavit of Joshua H. Grabar, #2 Exhibit Certificate of Good Standing, #3 Certificate of Service) (Grabar, Joshua)
February 22, 2017 Filing 143 Consent MOTION for Leave to File Excess Pages on Motion to Dismiss Reply by Burkhart Dental Supply Company. (Silberberg, Richard)
February 22, 2017 Opinion or Order ORDER granting #143 . Defendant Burkhart Dental Supply may file a 15-page reply brief in support of its motion to dismiss the second consolidated class action complaint. Ordered by Judge Brian M. Cogan on 2/22/2017. (Weisberg, Peggy)
February 21, 2017 Opinion or Order ORDER granting #140 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.. Ordered by Judge Brian M. Cogan on 2/21/2017. (Clarke, Melonie)
February 17, 2017 Filing 142 NOTICE by Arnell Prato, D.D.S., P.L.L.C re #140 MOTION to Seal Document , #139 Memorandum in Opposition, Filing Error (Smith, Gary)
February 17, 2017 Filing 141 DECLARATION re #139 Memorandum in Opposition, Declaration of John Radice by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Smith, Gary)
February 17, 2017 Filing 140 MOTION to Seal Document by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Memorandum in Opposition to Defendant Burkhart Dental Supply Co.'s Motion to Dismiss the Second Consolidated Class Action Complaint, #2 Declaration of Eric L. Cramer, #3 Declaration of Gary I. Smith, Jr.) (Smith, Gary) Modified on 2/21/2017 (Clarke, Melonie).
February 17, 2017 Filing 139 MEMORANDUM in Opposition re #134 MOTION to Dismiss Second Consolidated Class Action Complaint filed by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Attachments: #1 Declaration Eric L. Cramer (Redacted), #2 Declaration Gary I. Smith, Jr. (Redacted), #3 Declaration Gary I. Smith, Jr.) (Smith, Gary)
February 10, 2017 Filing 138 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 7, 2016, before Judge Brian M. Cogan. Court Reporter/Transcriber Linda Danelczyk, Telephone number 718-613-2330. Email address: Linda_Danelczyk@nyed.uscourts.gov. 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 3/3/2017. Redacted Transcript Deadline set for 3/13/2017. Release of Transcript Restriction set for 5/11/2017. (Danelczyk, Linda)
January 17, 2017 Opinion or Order ORDER granting 133 Burkhart's Motion to Seal Materials in Support of Motion to Dismiss. Burkhart has provided sufficient information that sealing of the unredacted briefing and supporting documents is necessary to protect third party privacy interests and to protect against the creation of a competitive disadvantage by disclosure. However, Burkhart did not file their sealed documents properly and is advised to familiarize itself with the proper ways to file under seal for the future. Ordered by Judge Brian M. Cogan on 1/17/2017. (Weisberg, Peggy)
January 13, 2017 Filing 137 MEMORANDUM in Support re #134 MOTION to Dismiss Second Consolidated Class Action Complaint filed by Burkhart Dental Supply Company. (Silberberg, Richard)
January 13, 2017 Filing 136 DECLARATION re #134 MOTION to Dismiss Second Consolidated Class Action Complaint (Aaron Goldstein) by Burkhart Dental Supply Company (Attachments: #1 Exhibit A) (Silberberg, Richard)
January 13, 2017 Filing 135 DECLARATION re #134 MOTION to Dismiss Second Consolidated Class Action Complaint (Jeff Reece) by Burkhart Dental Supply Company (Attachments: #1 Exhibit A) (Silberberg, Richard)
January 13, 2017 Filing 134 MOTION to Dismiss Second Consolidated Class Action Complaint by Burkhart Dental Supply Company. Responses due by 2/17/2017 (Silberberg, Richard)
January 13, 2017 Filing 132 NOTICE of Change of Address by Christopher J. Cormier (Cormier, Christopher)
January 11, 2017 Filing 131 NOTICE by Joshua Wolgin, DMD of Change of Firm Affiliation and Address (Goldstein, Jayne)
January 11, 2017 Filing 130 NOTICE of Appearance by Daniel Evan Rubenstein on behalf of Comfort Care Family Dental, P.C. (aty to be noticed) (Rubenstein, Daniel)
December 8, 2016 Minute Entry and Order for Pre-Motion Conference held on 12/7/2016 before Judge Brian M. Cogan. Both sides present. The Court set the following briefing schedule on Burkhart's motion to dismiss: Burkhart's brief by 1/13/2017; plaintiffs' opposition by 2/17/2017; and Burkhart's reply by 3/3/2017. See transcript for details. (Court Reporter: Linda Danelcyzk) (Weisberg, Peggy)
December 2, 2016 Filing 129 Letter Class Plaintiffs' Letter in Opposition to Defendant Burkhart Dental Supply Co.'s Letter Motion for Leave to File Motion to Dismiss by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A. (Smith, Gary)
December 1, 2016 Motions terminated, docketed incorrectly: #128 MOTION for Leave to Appear Pro Hac Vice (Notice of Appearance) Filing fee $ 150, receipt number 0207-9100154. filed by Larchmont Dental Associates, P.C., Evolution Dental Science, LLC, Bernard W. Kurek, Keith Schwartz, D.M.D., P.A., Jim Peck, Casey Nelson, Howard M. May, DDS, Arnell Prato, D.D.S., P.L.L.C. (McMorrow, Karen)
November 30, 2016 Filing 128 Notice of Appearance Filing fee $ 150, receipt number 0207-9100154. by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bernard W. Kurek, Larchmont Dental Associates, P.C., Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Weiner, Jessica) Modified on 12/1/2016 (McMorrow, Karen).
November 30, 2016 Opinion or Order ELECTRONIC ORDER granting #127 Motion for Protective Order. The parties' proposed Amended Protective Order is hereby So Ordered. Ordered by Magistrate Judge Gary R. Brown on 11/30/2016. c/ecf (Johnston, Linda)
November 29, 2016 Filing 127 Consent MOTION for Protective Order (Amends Operative Protective Order [ECF No. 3] Only to Include Execution by Burkhart Dental Supply) by Burkhart Dental Supply Company. (Silberberg, Richard)
November 23, 2016 Filing 126 NOTICE of Appearance by Johnathan Richard Montcalm on behalf of Burkhart Dental Supply Company (aty to be noticed) (Montcalm, Johnathan)
November 23, 2016 Opinion or Order ORDER re #123 Motion for Leave to File a Motion to Dismiss. Plaintiffs are ordered to respond to Burkhart's letter seeking leave to file a motion to dismiss by 12/2/2016. The Court will hold a pre-motion conference on 12/7/2016 at 4:00 PM in Courtroom 8D. Ordered by Judge Brian M. Cogan on 11/23/2016. (Shami, Amanda)
November 22, 2016 Filing 125 Corporate Disclosure Statement by Burkhart Dental Supply Company (Silberberg, Richard)
November 22, 2016 Filing 124 NOTICE of Appearance by Dai Wai Chin Feman on behalf of Burkhart Dental Supply Company (aty to be noticed) (Chin Feman, Dai)
November 22, 2016 Filing 123 Letter MOTION for Leave to File Motion to Dismiss by Burkhart Dental Supply Company. (Silberberg, Richard)
November 21, 2016 Filing 122 ANSWER to #116 Amended Complaint by Henry Schein, Inc.. (Kass, Colin)
November 21, 2016 Filing 121 ANSWER to #116 Amended Complaint by Patterson Companies, Inc.. (Long, James)
November 21, 2016 Filing 120 ANSWER to #116 Amended Complaint by Benco Dental Supply Company. (Scher, Howard)
November 18, 2016 Opinion or Order ORDER granting #119 Motion to Withdraw as Attorney. Attorney Benjamin David Elga terminated. Ordered by Magistrate Judge Gary R. Brown on 11/18/2016. (McMorrow, Karen)
November 17, 2016 Filing 119 MOTION to Withdraw as Attorney by Indianola Family Dentistry, P.L.C.. (Elga, Benjamin)
November 1, 2016 Filing 118 NOTICE of Appearance by Ian M. Gore on behalf of Peter Bence, DMD, P.A. (aty to be noticed) (Gore, Ian)
October 25, 2016 Filing 117 WAIVER OF SERVICE Returned Executed by Comfort Care Family Dental, P.C.. Burkhart Dental Supply Company waiver sent on 10/25/2016, answer due 12/26/2016. (Radice, John)
October 22, 2016 Filing 116 AMENDED COMPLAINT Second Consolidated Class Action Complaint against All Defendants, filed by Comfort Care Family Dental, P.C.. (Radice, John)
October 12, 2016 Opinion or Order ORDER re: #114 first motion for pre-motion conference. The Court's requirement for a pre-motion conference is waived, and plaintiffs' letter is deemed to be their motion to file an amended complaint. Defendants have until 10/21/2016 to file any objections to plaintiffs' motion. If defendants do not object by 10/21/2016, plaintiffs may file their amended complaint. Ordered by Judge Brian M. Cogan on 10/12/2016. (Weisberg, Peggy)
October 11, 2016 Filing 115 FILING FEE: $ 100.00, receipt number 4653106964 regarding sanction fee submitted by Howard D. Scher. (Guzzi, Roseann)
October 11, 2016 Filing 114 First MOTION for pre motion conference re #30 Sealed, Amended Complaint,,,,,, to seek leave to amend the Consolidated Class Action Complaint to add Burkhart Dental Supply Company as a defendant by Comfort Care Family Dental, P.C.. (Attachments: #1 Exhibit Exhibit A - Second Consolidated Class Action Complaint) (Radice, John)
October 11, 2016 Filing 113 NOTICE by Benco Dental Supply Company re Order,,, Notice of Compliance with Court's Order of October 7, 2016 (Scher, Howard)
October 7, 2016 Opinion or Order Filing 112 ORDER granting #111 Motion for Extension of Time to File. Defendants Patterson Companies, Inc., Henry Schein, Inc., and Benco DentalSupply Company shall answer or otherwise respond to the Amended Consolidated Class ActionComplaint thirty days after it is filed. ( Ordered by Judge Brian M. Cogan on 10/7/2016 ) (Guzzi, Roseann)
October 7, 2016 Filing 111 Consent MOTION for Extension of Time to File Defendants' Answers to Amended Complaint thirty days after it is filed by Benco Dental Supply Company. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
October 7, 2016 Opinion or Order ORDER re: #111 in Lead case no 1:16-cv-00696-BMC-GRB In re Dental Supplies Antitrust Litigation. On 9/29/2016, the Court entered an Order reminding the parties that "all pleadings, motions, and other documents shall be filed via ECF on the master docket 16-cv-00696 ONLY." The Court also warned the parties that failure to comply with the Order may result in sanctions. Howard Scher filed a Consent Motion for Extension of Time to File Defendants' Answers to Amended Complaint; and this motion was filed on both the master docket and individual dockets in contravention of this Court's Order. Pursuant to Rule 16(f), Mr. Scher is sanctioned in the amount of $100.00, payable to the Clerk of the Court by 10/14/2016. Mr. Scher should ECF file proof of payment by that date or risks further sanctions. Ordered by Judge Brian M. Cogan on 10/7/2016. (Weisberg, Peggy)
September 29, 2016 Opinion or Order ORDER. Counsel are reminded that Case Management Order No. 2 directs that all pleadings, motions, and other documents shall be filed via ECF on the master docket 16-cv-00696 ONLY. To the extent there is inconsistency between Case Management Order No. 1 and Case Management Order No. 2 regarding spreading entries, Case Management No. 2 supersedes. All documents filed on the master docket shall be deemed filed and docketed in each individual case, and counsel are ordered to not spread docket entries to the member cases. Failure to comply with this Order may result in sanctions. Ordered by Judge Brian M. Cogan on 9/29/2016. (Weisberg, Peggy)
September 29, 2016 Opinion or Order ELECTRONIC ORDER granting #110 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Gary R. Brown on 9/29/2016. c/ecf (Johnston, Linda)
September 28, 2016 Filing 110 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8949728. by Henry Schein, Inc.. (Attachments: #1 Proposed Order) (McDonald, John)
September 28, 2016 Opinion or Order Filing 109 MEMORANDUM DECISION & ORDER that the motions to dismiss are denied. #64 Motion to Dismiss; denying #69 Motion to Dismiss for Failure to State a Claim; denying #72 Motion to Dismiss for Failure to State a Claim. ( Ordered by Judge Brian M. Cogan on 9/26/2016 ) (Guzzi, Roseann)
September 15, 2016 Filing 108 NOTICE of Appearance by Natalie F. Bennett on behalf of Joshua Wolgin, DMD (aty to be noticed) (Attachments: #1 Certificate of Service) (Bennett, Natalie)
September 14, 2016 Filing 107 NOTICE of Change of Address by Linda P. Lam Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Lam, Linda)
September 14, 2016 Filing 106 NOTICE of Change of Address by Michael L. Schrag Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Schrag, Michael)
September 14, 2016 Filing 105 NOTICE of Change of Address by Eric H. Gibbs Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Gibbs, Eric)
September 13, 2016 Opinion or Order ELECTRONIC ORDER granting #103 . The proposed Stipulation Regarding the Deadline to Join New Parties is hereby So Ordered. Ordered by Magistrate Judge Gary R. Brown on 9/13/2016. c/ecf (Johnston, Linda)
September 12, 2016 Opinion or Order ORDER granting #104 Motion to Adjourn Conference. The 9/12/16 conference is adjourned without date... Ordered by Magistrate Judge Gary R. Brown on 9/12/2016. (McMorrow, Karen)
September 9, 2016 Filing 104 Consent MOTION to Adjourn Conference Status Conference scheduled for September 12, 2016 by Henry Schein, Inc.. (Fontecilla, Adrian)
August 26, 2016 Filing 103 First MOTION for Extension of Time to Amend (49 in 1:16-cv-00696-BMC-GRB) Amended Complaint Regarding the Deadline to Join New Parties by Comfort Care Family Dental, P.C.. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Radice, John)
August 24, 2016 Opinion or Order ELECTRONIC ORDER in case 1:16-cv-00609-BMC-GRB; granting (102) Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. in case 1:16-cv-00696-BMC-GRB. Ordered by Magistrate Judge Gary R. Brown on 8/24/2016. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00609-BMC-GRB (Yim, Kevin)
August 24, 2016 Opinion or Order ELECTRONIC ORDER finding as moot (35) Motion for Leave to Appear Pro Hac Vice ; finding as moot (36) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00609-BMC-GRB. Ordered by Magistrate Judge Gary R. Brown on 8/24/2016. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00609-BMC-GRB (Yim, Kevin)
August 23, 2016 Filing 102 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8860078. by Casey Nelson. (Attachments: #1 Affidavit and Certificates of Good Standing) Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00609-BMC-GRB (Woodward, David)
August 16, 2016 Opinion or Order ELECTRONIC ORDER granting #100 Motion to Withdraw as Attorney. Attorney Joshua R. Stein TERMINATED. Ordered by Magistrate Judge Gary R. Brown on 8/16/2016. (Yim, Kevin)
August 16, 2016 Opinion or Order ELECTRONIC ORDER granting #99 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Gary R. Brown on 8/16/2016. (Yim, Kevin)
August 15, 2016 Filing 101 AFFIDAVIT/DECLARATION in Support re #100 MOTION to Withdraw as Attorney filed by Patterson Companies, Inc.. (Stein, Joshua)
August 15, 2016 Filing 100 MOTION to Withdraw as Attorney by Patterson Companies, Inc.. (Attachments: #1 Proposed Order) (Stein, Joshua)
August 15, 2016 Filing 99 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8840036. by Casey Nelson. (Attachments: #1 Affidavit and Certificate of Good Standing) Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00609-BMC-GRB (Anderson, James)
August 15, 2016 Opinion or Order ELECTRONIC ORDER granting #98 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Gary R. Brown on 8/15/2016. (Yim, Kevin)
August 12, 2016 Filing 98 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8835064. by Henry Schein, Inc.. (Attachments: #1 Proposed Order) (McDonald, John)
August 10, 2016 Filing 97 Corporate Disclosure Statement by Patterson Companies, Inc. (Long, James)
August 8, 2016 Filing 96 NOTICE of Appearance by Vincent J. Esades on behalf of Casey Nelson (notification declined or already on case) Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00609-BMC-GRB (Esades, Vincent)
August 8, 2016 Opinion or Order ELECTRONIC ORDER in case 1:16-cv-00609-BMC-GRB; granting (95) Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Gary R. Brown on 8/8/2016. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00609-BMC-GRB (Yim, Kevin)
August 5, 2016 Filing 95 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8817559. by Casey Nelson. (Attachments: #1 Affidavit and Certificates of Good Standing) (Esades, Vincent)
July 14, 2016 Opinion or Order Filing 94 CASE MANAGEMENT ORDER NO. 3. ( Ordered by Judge Brian M. Cogan on 7/14/2016 ) (Guzzi, Roseann)
July 13, 2016 Filing 93 Letter in response to the putative class plaintiffs' July 8th letter (ECF 92) by Benco Dental Supply Company, Henry Schein, Inc., Patterson Companies, Inc. (Kass, Colin)
July 8, 2016 Filing 92 Letter of Intent to File Motion to Enter Scheduling Order by Comfort Care Family Dental, P.C. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Ripley, Joshua)
July 8, 2016 Filing 91 NOTICE of Appearance by Charles J. Kocher on behalf of Bernard W. Kurek, Larchmont Dental Associates, P.C. (aty to be noticed) (Kocher, Charles)
July 8, 2016 Opinion or Order ORDER re: plaintiffs' #92 letter of intent to file motion. The letter is deemed to be plaintiffs' motion. Defendants are to file a combined letter in response to plaintiffs' motion by 7/22/16 explaining why the deadlines to which they had already stipulated should not be So Ordered. Clearly the SourceOne schedule will not accommodate a class action, so the Court is inclined to enter the stipulated dates, along with plaintiffs' proposed dates for expert reports, class certification and Daubert motions, and summary judgment motions. Absent a legitimate reason to abandon the proposed schedule, the Court will enter the parties stipulated discovery deadlines and plaintiffs' proposed deadlines. All parties are reminded to comply with the filing procedures in the Section II.B of CMO #2; failure to do so in the future may result in sanctions. Ordered by Judge Brian M. Cogan on 7/8/2016. (Weisberg, Peggy)
June 30, 2016 Opinion or Order ORDER Upon review of the proposed schedule, it appears that the schedule is inconsistent with Case Management Order No. 2 (see DE 2), requiring that "until further Order, parties will join and are subject to the discovery schedule set forth by Magistrate Judge Brown in SourceOne, 15 Civ. 5440, available at Docket Entry No. 46." Whereas no further Order has been entered, the parties are to meet and confer to provide a proposed schedule consistent with that set forth in the SourceOne case. With respect to the parties' dispute as to the scheduling priority of summary judgment vs. class certification, absent further guidance from the district judge, the parties should expect to proceed with summary judgment first. See In re Vitamin C Antitrust Litig., 279 F.R.D. 90, 98 (E.D.N.Y. 2012) ("briefing related to class certification was complete [but] a decision on this motion was reserved pending defendants' omnibus motion for summary judgment")Regarding defendants' requests to permit a sur-rebuttal expert report, said request appears to be predicated upon the concern that plaintiffs' expert might, in a rebuttal expert report, include previously-undisclosed data that would require further expert review. To mitigate these concerns, the request for a sur-rebuttal report is denied without prejudice to renewal should that eventuality actually arise. Ordered by Magistrate Judge Gary R. Brown on 6/30/2016. (Brown, Gary)
June 24, 2016 Filing 90 Letter Joint Letter Regarding Discovery Stipulations and Scheduling by Henry Schein, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6) (Kass, Colin)
June 24, 2016 Opinion or Order ELECTRONIC ORDER. (89) Joint Motion for Protective Order in case 1:16-cv-00696-BMC-GRB is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 6/24/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Yim, Kevin)
June 23, 2016 Filing 89 Consent MOTION for Protective Order protocol limiting discovery of expert reports and materials by Comfort Care Family Dental, P.C.. (Radice, John)
June 23, 2016 Opinion or Order ELECTRONIC ORDER granting #88 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Gary R. Brown on 6/23/2016. C/ECF (Johnston, Linda)
June 22, 2016 Filing 88 MOTION for Leave to Appear Pro Hac Vice of Natalie Finkelman Bennett Filing fee $ 150, receipt number 0207-8705812. by Joshua Wolgin, DMD. (Attachments: #1 Affidavit of Natalie Finkelman Bennett In Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order, #3 Certificate of Service) Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-01020-BMC-GRB (Bennett, Natalie)
June 16, 2016 Opinion or Order ORDER granting class plaintiffs' #77 and defendant Henry Schein, Inc.'s 82 #83 Motions for Leave to Electronically File Document under Seal. The documents contain confidential information, including that of third parties, and were produced pursuant to a Confidentiality Order. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Brian M. Cogan on 6/16/2016. (Weisberg, Peggy)
June 15, 2016 Filing 86 AFFIDAVIT/DECLARATION in Support re #69 Motion to Dismiss for Failure to State a Claim filed by Patterson Companies, Inc.. (Attachments: #1 Exhibit A) (Long, James)
June 15, 2016 Filing 85 REPLY in Support re #69 Motion to Dismiss for Failure to State a Claim filed by Patterson Companies, Inc.. (Long, James)
June 15, 2016 Filing 84 REPLY in Support re #64 MOTION to Dismiss the Consolidated Class Action Complaint - Public Version filed by Henry Schein, Inc.. (Kass, Colin)
June 15, 2016 Filing 83 Letter MOTION to Seal by Henry Schein, Inc.. (Attachments: #1 Henry Schein's Reply in Support of Its Motion to Dismiss) (Kass, Colin)
June 15, 2016 Filing 81 REPLY in Support re (21 in 2:16-cv-01377-BMC-GRB, 30 in 1:16-cv-00443-BMC-GRB, 36 in 1:16-cv-00345-BMC-GRB, 30 in 1:16-cv-00762-BMC-GRB, 22 in 1:16-cv-00945-BMC-GRB, 22 in 1:16-cv-01280-BMC-GRB, 35 in 1:16-cv-00548-BMC-GRB, 27 in 1:16-cv-00616-BMC-GRB, 23 in 2:16-cv-00906-BMC-GRB, 27 in 1:16-cv-00692-BMC-GRB, 27 in 1:16-cv-00666-BMC-GRB, 31 in 1:16-cv-00576-BMC-GRB, 27 in 1:16-cv-00591-BMC-GRB, 28 in 1:16-cv-00497-BMC-GRB, 31 in 1:16-cv-00596-BMC-GRB, 28 in 1:16-cv-00609-BMC-GRB, 30 in 2:16-cv-00712-BMC-GRB, 27 in 1:16-cv-00662-BMC-GRB, 27 in 1:16-cv-00631-BMC-GRB, 29 in 1:16-cv-00479-BMC-GRB, 31 in 1:16-cv-00560-BMC-GRB, 29 in 2:16-cv-00751-BMC-GRB, 72 in 1:16-cv-00696-BMC-GRB, 22 in 1:16-cv-00661-BMC-GRB, 41 in 2:16-cv-00658-BMC-GRB, 26 in 2:16-cv-00570-BMC-GRB, 26 in 1:16-cv-00657-BMC-GRB, 18 in 1:16-cv-01333-BMC-GRB, 30 in 1:16-cv-00442-BMC-GRB, 38 in 1:16-cv-00355-BMC-GRB, 27 in 1:16-cv-00691-BMC-GRB, 26 in 1:16-cv-00765-BMC-GRB, 65 in 1:16-cv-00282-BMC-GRB, 22 in 2:16-cv-01020-BMC-GRB) Amended Motion to Dismiss for Failure to State a Claim the Consolidated Class Action Complaint - Oral Argument Requested filed by Benco Dental Supply Company. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
June 14, 2016 Filing 80 MEMORANDUM in Opposition to Defendants' Motions to Dismiss, public version filed by Comfort Care Family Dental, P.C.. (Radice, John)
June 7, 2016 Filing 79 NOTICE of Change of Address by William Christopher Carmody and law firm of Susman Godfrey L.L.P. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00631-BMC-GRB (Carmody, William)
June 4, 2016 Filing 78 NOTICE of Change of Address and Telephone by Linda P. Nussbaum Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00442-BMC-GRB, 1:16-cv-00443-BMC-GRB, 1:16-cv-00479-BMC-GRB (Nussbaum, Linda)
June 1, 2016 Filing 77 Letter MOTION for Leave to Electronically File Document under Seal pursuant to confidentiality order by Comfort Care Family Dental, P.C.. (Attachments: #1 Memorandum in Opposition to defendants' motions to dismiss) (Radice, John)
May 17, 2016 Opinion or Order ORDER granting #76 Motion to Withdraw as Attorney. Attorney Taylor Asen terminated. Ordered by Judge Brian M. Cogan on 5/17/2016. (Weisberg, Peggy)
May 17, 2016 Opinion or Order ORDER granting #75 Motion for Extension of Time to File. Plaintiffs' omnibus opposition brief is due 6/1/2016 and can be up to 50 pages long, defendants' replies are due 6/15/2016 and each can be up to 15 pages long. Ordered by Judge Brian M. Cogan on 5/17/2016. (Weisberg, Peggy)
May 16, 2016 Filing 76 MOTION to Withdraw as Attorney by Indianola Family Dentistry, P.L.C.. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Asen, Taylor)
May 16, 2016 Filing 75 Consent MOTION for Extension of Time to File MTD Briefs, and to Modify Page Limits by Comfort Care Family Dental, P.C.. (Radice, John)
May 16, 2016 Filing 74 REDACTION to (21 in 2:16-cv-01377-BMC-GRB, 30 in 1:16-cv-00443-BMC-GRB, 36 in 1:16-cv-00345-BMC-GRB, 30 in 1:16-cv-00762-BMC-GRB, 22 in 1:16-cv-00945-BMC-GRB, 22 in 1:16-cv-01280-BMC-GRB, 35 in 1:16-cv-00548-BMC-GRB, 27 in 1:16-cv-00616-BMC-GRB, 23 in 2:16-cv-00906-BMC-GRB, 27 in 1:16-cv-00692-BMC-GRB, 27 in 1:16-cv-00666-BMC-GRB, 31 in 1:16-cv-00576-BMC-GRB, 27 in 1:16-cv-00591-BMC-GRB, 28 in 1:16-cv-00497-BMC-GRB, 31 in 1:16-cv-00596-BMC-GRB, 28 in 1:16-cv-00609-BMC-GRB, 30 in 2:16-cv-00712-BMC-GRB, 27 in 1:16-cv-00662-BMC-GRB, 27 in 1:16-cv-00631-BMC-GRB, 29 in 1:16-cv-00479-BMC-GRB, 31 in 1:16-cv-00560-BMC-GRB, 29 in 2:16-cv-00751-BMC-GRB, 72 in 1:16-cv-00696-BMC-GRB, 22 in 1:16-cv-00661-BMC-GRB, 41 in 2:16-cv-00658-BMC-GRB, 26 in 2:16-cv-00570-BMC-GRB, 26 in 1:16-cv-00657-BMC-GRB, 18 in 1:16-cv-01333-BMC-GRB, 30 in 1:16-cv-00442-BMC-GRB, 38 in 1:16-cv-00355-BMC-GRB, 27 in 1:16-cv-00691-BMC-GRB, 26 in 1:16-cv-00765-BMC-GRB, 65 in 1:16-cv-00282-BMC-GRB, 22 in 2:16-cv-01020-BMC-GRB) Amended Motion to Dismiss for Failure to State a Claim the Consolidated Class Action Complaint - Oral Argument Requested, Order on Motion for Leave to Electronically File Document under Seal, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Seal,,,,,,,,, Redacted Memorandum of Law in Support of Its Motion to Dismiss the Consolidated Class Action Complaint by Benco Dental Supply Company Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
May 13, 2016 Email Notification Test - DO NOT REPLY. (Latka-Mucha, Wieslawa)
May 13, 2016 Opinion or Order ORDER granting defendants' #61 #63 #68 motions for leave to electronically file documents under seal. The documents contain confidential information, including that of third parties, and were produced pursuant to a Confidentiality Order. Defendant Benco is ORDERED to file a redacted memorandum of law to their #72 amended motion to dismiss by 5/19/16. Benco's motion to dismiss at #62 , having been amended is therefore terminated. Ordered by Judge Brian M. Cogan on 5/13/2016. (Weisberg, Peggy)
May 11, 2016 Filing 73 NOTICE of Appearance by Samantha Lee Southall on behalf of Benco Dental Supply Company (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Southall, Samantha)
May 5, 2016 Filing 72 Amended Motion to Dismiss for Failure to State a Claim the Consolidated Class Action Complaint - Oral Argument Requested by Benco Dental Supply Company. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
May 4, 2016 Filing 71 AFFIDAVIT/DECLARATION in Support re #69 Motion to Dismiss for Failure to State a Claim filed by Patterson Companies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Long, James)
May 4, 2016 Filing 70 MEMORANDUM in Support re #69 Motion to Dismiss for Failure to State a Claim filed by Patterson Companies, Inc.. (Long, James)
May 4, 2016 Filing 69 Motion to Dismiss for Failure to State a Claim by Patterson Companies, Inc.. (Long, James)
May 4, 2016 Filing 68 Letter MOTION for Leave to Electronically File Document under Seal by Patterson Companies, Inc.. (Attachments: #1 Memorandum in Support Defendant Patterson Companies, Inc.'s Memorandum in Support of its Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint, #2 Exhibit 1 to Declaration of James J. Long, #3 Exhibit 2 to Declaration of James J. Long, #4 Exhibit 3 to Declaration of James J. Long) (Long, James)
May 4, 2016 Filing 67 NOTICE of Appearance by Adrian Fontecilla on behalf of Henry Schein, Inc. (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Fontecilla, Adrian)
May 4, 2016 Filing 66 AFFIDAVIT/DECLARATION in Support re (18 in 1:16-cv-00661-BMC-GRB, 17 in 2:16-cv-01377-BMC-GRB, 23 in 1:16-cv-00662-BMC-GRB, 18 in 1:16-cv-00945-BMC-GRB, 18 in 1:16-cv-01280-BMC-GRB, 27 in 1:16-cv-00596-BMC-GRB, 25 in 1:16-cv-00479-BMC-GRB, 23 in 1:16-cv-00691-BMC-GRB, 22 in 1:16-cv-00657-BMC-GRB, 19 in 2:16-cv-00906-BMC-GRB, 23 in 1:16-cv-00591-BMC-GRB, 26 in 1:16-cv-00443-BMC-GRB, 23 in 1:16-cv-00666-BMC-GRB, 61 in 1:16-cv-00282-BMC-GRB, 27 in 1:16-cv-00560-BMC-GRB, 24 in 1:16-cv-00497-BMC-GRB, 26 in 1:16-cv-00762-BMC-GRB, 23 in 1:16-cv-00631-BMC-GRB, 32 in 1:16-cv-00345-BMC-GRB, 22 in 2:16-cv-00570-BMC-GRB, 37 in 2:16-cv-00658-BMC-GRB, 24 in 1:16-cv-00609-BMC-GRB, 27 in 1:16-cv-00576-BMC-GRB, 22 in 1:16-cv-00765-BMC-GRB, 23 in 1:16-cv-00692-BMC-GRB, 34 in 1:16-cv-00355-BMC-GRB, 31 in 1:16-cv-00548-BMC-GRB, 64 in 1:16-cv-00696-BMC-GRB, 14 in 1:16-cv-01333-BMC-GRB, 26 in 1:16-cv-00442-BMC-GRB, 18 in 2:16-cv-01020-BMC-GRB, 23 in 1:16-cv-00616-BMC-GRB, 26 in 2:16-cv-00712-BMC-GRB, 25 in 2:16-cv-00751-BMC-GRB) MOTION to Dismiss the Consolidated Class Action Complaint filed by Henry Schein, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Kass, Colin)
May 4, 2016 Filing 65 MEMORANDUM in Support re (18 in 1:16-cv-00661-BMC-GRB, 17 in 2:16-cv-01377-BMC-GRB, 23 in 1:16-cv-00662-BMC-GRB, 18 in 1:16-cv-00945-BMC-GRB, 18 in 1:16-cv-01280-BMC-GRB, 27 in 1:16-cv-00596-BMC-GRB, 25 in 1:16-cv-00479-BMC-GRB, 23 in 1:16-cv-00691-BMC-GRB, 22 in 1:16-cv-00657-BMC-GRB, 19 in 2:16-cv-00906-BMC-GRB, 23 in 1:16-cv-00591-BMC-GRB, 26 in 1:16-cv-00443-BMC-GRB, 23 in 1:16-cv-00666-BMC-GRB, 61 in 1:16-cv-00282-BMC-GRB, 27 in 1:16-cv-00560-BMC-GRB, 24 in 1:16-cv-00497-BMC-GRB, 26 in 1:16-cv-00762-BMC-GRB, 23 in 1:16-cv-00631-BMC-GRB, 32 in 1:16-cv-00345-BMC-GRB, 22 in 2:16-cv-00570-BMC-GRB, 37 in 2:16-cv-00658-BMC-GRB, 24 in 1:16-cv-00609-BMC-GRB, 27 in 1:16-cv-00576-BMC-GRB, 22 in 1:16-cv-00765-BMC-GRB, 23 in 1:16-cv-00692-BMC-GRB, 34 in 1:16-cv-00355-BMC-GRB, 31 in 1:16-cv-00548-BMC-GRB, 64 in 1:16-cv-00696-BMC-GRB, 14 in 1:16-cv-01333-BMC-GRB, 26 in 1:16-cv-00442-BMC-GRB, 18 in 2:16-cv-01020-BMC-GRB, 23 in 1:16-cv-00616-BMC-GRB, 26 in 2:16-cv-00712-BMC-GRB, 25 in 2:16-cv-00751-BMC-GRB) MOTION to Dismiss the Consolidated Class Action Complaint filed by Henry Schein, Inc.. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Kass, Colin)
May 4, 2016 Filing 64 MOTION to Dismiss the Consolidated Class Action Complaint by Henry Schein, Inc.. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Kass, Colin)
May 4, 2016 Filing 63 MOTION to Seal Exhibits filed in connection with Schein's Motion to Dismiss the Consolidated Class Action Complaint by Henry Schein, Inc.. (Attachments: #1 Under Seal Exhibit D, #2 Under Seal Exhibit F) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Kass, Colin)
May 4, 2016 Filing 62 Motion to Dismiss for Failure to State a Claim by Benco Dental Supply Company. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss filed under seal at DE#61, #2 Exhibit Exhibit A, #3 Exhibit Exhibits B through J in Support of Memorandum of Law in Support of Motion to Dismiss filed under seal at DE#61) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
May 4, 2016 Filing 61 MOTION for Leave to Electronically File Document under Seal in Support of Motion to Dismiss by Benco Dental Supply Company. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss filed under seal, #2 Exhibit Exhibits B through J in support of Memorandum of Law in Support of Motion to Dismiss filed under seal) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
April 11, 2016 Opinion or Order Filing 60 ORDER #59 Consent Motion for Scheduling Order. ( Ordered by Judge Brian M. Cogan on 4/8/2016 ) (Guzzi, Roseann)
April 8, 2016 Filing 59 Consent MOTION for Extension of Time to File Defendants Motions to Dismiss by Benco Dental Supply Company. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
April 7, 2016 Email Notification Test - DO NOT REPLY (Layne, Monique)
April 6, 2016 Opinion or Order ELECTRONIC ORDER re #57 Letter filed by Comfort Care Family Dental, P.C. Liaison counsel for class plaintiffs' request for a Rule 16 pretrial conference to work out a discovery plan to be scheduled on April 13, 2016 is denied with leave to renew. There is no indication that counsel for plaintiffs conferred with defense counsel on these issues prior to submission of the within application. Local Rule 37.3 and the undersigned's individual rules require the attorneys for the respective parties to confer in good faith in person or by telephone in an effort to resolve and/or narrow these issues prior to seeking judicial intervention. Ordered by Magistrate Judge Gary R. Brown on 4/6/2016.c/ecf (Johnston, Linda)
April 5, 2016 Filing 58 Letter in response to Plaintiffs' letter (Dkt. No. 57) requesting Rule 16 pretrial conference before Magistrate Judge Brown by Henry Schein, Inc. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Chuk, Stephen)
April 5, 2016 Filing 57 Letter requesting Rule 16 pretrial conference before Magistrate Judge Brown by Comfort Care Family Dental, P.C. (Radice, John)
March 30, 2016 Opinion or Order ELECTRONIC ORDER granting #55 Motion for Leave to Appear Pro Hac Vice ; granting #56 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Gary R. Brown on 3/30/2016. (Yim, Kevin)
March 29, 2016 Filing 56 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8490250. by Arnell Prato, D.D.S., P.L.L.C, Ronald A Moreno, D.D.S., P.S., Thomas Caspers, D.D.S., P.S.. (Griffin, Mark)
March 29, 2016 Filing 55 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8489126. by Arnell Prato, D.D.S., P.L.L.C, Thomas Caspers, D.D.S., P.S., Ronald A Moreno, D.D.S., P.S.. (Hanson, Amy)
March 29, 2016 Opinion or Order The following motions 16 Civ. 345 #23 ,16 Civ. 355 #25 ,16 Civ. 442 #17 ,16 Civ. 443 #17 ,16 Civ. 479 #16 ,16 Civ. 497 #15 ,16 Civ. 548 #22 ,16 Civ. 560 #18 ,16 Civ. 576 #17 ,16 Civ. 591 #14 ,16 Civ. 596 #18 ,16 Civ. 609 #15 ,16 Civ. 616 #14 ,16 Civ. 631 #14 ,16 Civ. 657 #13 16 Civ. 661 #9 ,16 Civ. 662 #14 ,16 Civ. 666 #14 ,16 Civ. 691 #14 ,16 Civ. 692 #14 ,16 Civ. 762 #17 ,16 Civ. 765 #13 ,16 Civ. 945 #9 16 Civ. 570 #13 ,16 Civ. 658 #28 ,16 Civ. 712 #17 ,16 Civ. 751 #16 16 Civ. 906 #10 ,16 Civ. 1020 #9 and 16 Civ.282 #52 were granted at the Pre-Motion Conference held on 3/23/2016 and is therefore terminated in the individual actions. The parties are reminded to comply with Case Management Order No. 2, which directs the parties that all orders, pleadings, motions, and other documents shall be filed on the master "16 Civ. 696" docket only. The documents filed in the master docket are deemed filed in individual dockets to the extent applicable. Ordered by Judge Brian M. Cogan on 3/29/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Clarke, Melonie)
March 28, 2016 Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3.23.16, before Judge Brian M. Cogan. Court Reporter/Transcriber Joshua B. Edwards. Email address: joshuabedwards1980@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 4/18/2016. Redacted Transcript Deadline set for 4/28/2016. Release of Transcript Restriction set for 6/27/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Edwards, Joshua)
March 23, 2016 Minute Entry and Order for Pre-Motion Conference held on 3/23/2016 before Judge Brian M. Cogan. All parties present. If the parties do not jointly propose an alternative schedule for defendants' Motions to Dismiss, the following schedule will apply: Defendants' Motions to Dismiss are due 4/13/2016, plaintiffs' opposition is due 5/4/2016, replies are due 5/16/2016. If defendants wish to include materials obtained in discovery in their replies they should provide authority in support of this position. Depending on the resolution of this issue, additional briefing may be required. The parties should consult with Magistrate Judge Brown concerning a discovery plan. See transcript for additional details. (Court Reporter: Joshua Edwards). (Weisberg, Peggy)
March 22, 2016 Filing 53 Notice of Related Case indicated on the civil cover sheet in case 16cv1377. (Rodin, Deanna)
March 17, 2016 Filing 52 Letter in response to Defendants letters regarding motions to dismiss by Comfort Care Family Dental, P.C. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Cramer, Eric)
March 17, 2016 Filing 51 Notice of Related Case (Bowens, Priscilla)
March 17, 2016 Filing 50 Notice of Related Case (Bowens, Priscilla)
March 11, 2016 Filing 49 AMENDED COMPLAINT against All Defendants, filed by Comfort Care Family Dental, P.C.. (Radice, John)
March 11, 2016 Filing 48 Letter regarding intent to file unredacted unsealed version of CAC by Comfort Care Family Dental, P.C. (Radice, John)
March 10, 2016 Opinion or Order ELECTRONIC ORDER granting (53) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00282-BMC-GRB; granting (24) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00345-BMC-GRB; granting (26) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00355-BMC-GRB; granting (18) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00442-BMC-GRB; granting (18) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00443-BMC-GRB; granting (17) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00479-BMC-GRB; granting (16) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00497-BMC-GRB; granting (23) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00548-BMC-GRB; granting (19) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00560-BMC-GRB; granting (18) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00576-BMC-GRB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00591-BMC-GRB; granting (19) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00596-BMC-GRB; granting (16) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00609-BMC-GRB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00616-BMC-GRB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00631-BMC-GRB; granting (14) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00657-BMC-GRB; granting (10) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00661-BMC-GRB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00662-BMC-GRB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00666-BMC-GRB; granting (29) Motion for Leave to Appear Pro Hac Vice in case 2:16-cv-00658-BMC-GRB; granting (14) Motion for Leave to Appear Pro Hac Vice in case 2:16-cv-00570-BMC-GRB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00691-BMC-GRB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00692-BMC-GRB; granting (18) Motion for Leave to Appear Pro Hac Vice in case 2:16-cv-00712-BMC-GRB; granting (47) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00696-BMC-GRB; granting (17) Motion for Leave to Appear Pro Hac Vice in case 2:16-cv-00751-BMC-GRB; granting (18) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00762-BMC-GRB; granting (14) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00765-BMC-GRB; granting (11) Motion for Leave to Appear Pro Hac Vice in case 2:16-cv-00906-BMC-GRB; granting (10) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00945-BMC-GRB; granting (10) Motion for Leave to Appear Pro Hac Vice in case 2:16-cv-01020-BMC-GRB. Ordered by Magistrate Judge Gary R. Brown on 3/10/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Yim, Kevin)
March 9, 2016 Filing 47 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8439788. by Rittenhouse Smiles, P.C.. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Wolfson, Tina)
March 8, 2016 Filing 46 Letter MOTION for Leave to File a Motion to Dismiss by Patterson Companies, Inc.. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Long, James)
March 8, 2016 Filing 45 NOTICE of Appearance by William Caldes on behalf of Rittenhouse Smiles, P.C. (aty to be noticed) (Attachments: #1 Exhibit A - Motion to Admit Counsel Pro Hac Vice, #2 Exhibit B - Proof of Payment of Pro Hac Vice Fee) Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00762-BMC-GRB (Caldes, William)
March 8, 2016 Filing 44 NOTICE of Appearance by Robert G. Eisler on behalf of Casey Nelson (aty to be noticed) (Eisler, Robert)
March 8, 2016 Email Notification Test - DO NOT REPLY Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00712-BMC-GRB (Levine, Evelyn)
March 7, 2016 Opinion or Order ELECTRONIC ORDER granting (36) Motion for Leave to Appear Pro Hac Vice ; granting (42) Motion for Leave to Appear Pro Hac Vice ; granting (43) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00696-BMC-GRB; granting (14) Motion for Leave to Appear Pro Hac Vice ; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00762-BMC-GRB. Ordered by Magistrate Judge Gary R. Brown on 3/7/2016. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00762-BMC-GRB (Yim, Kevin)
March 4, 2016 Filing 43 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8430914. by Rittenhouse Smiles, P.C.. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00762-BMC-GRB (Jagher, Jonathan)
March 4, 2016 Filing 42 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8430877. by Rittenhouse Smiles, P.C.. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00762-BMC-GRB (Spector, Eugene)
March 3, 2016 Filing 41 NOTICE of Appearance by Sean Cooper on behalf of Joseph Styger, DDS (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00712-BMC-GRB (Cooper, Sean)
March 3, 2016 Filing 40 NOTICE of Appearance by Jason S. Hartley on behalf of Joseph Styger, DDS (aty to be noticed) (Hartley, Jason)
March 3, 2016 Filing 39 NOTICE of Appearance by Tina Wolfson on behalf of Rittenhouse Smiles, P.C. (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00762-BMC-GRB (Wolfson, Tina)
March 3, 2016 Opinion or Order ELECTRONIC ORDER granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00576-BMC-GRB; granting (36) Motion for Leave to Appear Pro Hac Vice ; granting (37) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00696-BMC-GRB. Ordered by Magistrate Judge Gary R. Brown on 3/3/2016. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00576-BMC-GRB (Yim, Kevin)
March 3, 2016 Opinion or Order Incorrect Case/Document/Entry Information. ELECTRONIC ORDER granting 36 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Gary R. Brown on 3/3/2016. C/ECF (Johnston, Linda) deleted as duplicative entry. (McMorrow, Karen)
March 3, 2016 Email Notification Test - DO NOT REPLY. (Fagan, Linda)
March 2, 2016 Filing 38 Letter Pursuant to Case Management Order No. 2, Paragraph IV, Regarding Intent to File a Pre-Motion Letter or Other Response to the Consolidated Class Action Complaint by Patterson Companies, Inc. (Long, James)
March 2, 2016 Filing 37 MOTION for Leave to Appear Pro Hac Vice Daniel E. Gustafson Filing fee $ 150, receipt number 0207-8423076. by Kottemann Orthodontics, P.L.L.C.. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00576-BMC-GRB (Gustafson, Daniel)
March 2, 2016 Filing 36 MOTION for Leave to Appear Pro Hac Vice (Notice of Appearance) Filing fee $ 150, receipt number 0207-8422226. by Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Howard M. May, DDS, Casey Nelson, Jim Peck, Keith Schwartz, D.M.D., P.A.. (Cobbs, Robert)
March 2, 2016 Opinion or Order ORDER. Plaintiffs shall file a detailed response to defendants' #34 #35 #38 letters by 3/18/2016. In light of the multiple letters, the three (3) page limit for plaintiffs' response is increased to five pages. A Premotion Conference on defendants' proposed motion to dismiss is set for 3/23/2016 at 2:15 pm in Courtroom 8D South. Any amended premotion conference letters by defendants must be submitted by 3/16/2016. Defendants should be prepared to promptly file their motions to dismiss following the conference. Ordered by Judge Brian M. Cogan on 3/2/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Weisberg, Peggy)
March 2, 2016 Opinion or Order ORDER. Case Management Order No. 1 directs that all documents filed on ECF must be appropriately labeled so that the docket remains intelligible, e.g., "Letter Motion For Leave to File a Motion to Dismiss". Docket #33 in 1:16-cv-00696-BMC-GRB titled "Letter by Patterson Companies, Inc." fails to comply with CMO No. 1 and is therefore stricken. Ordered by Judge Brian M. Cogan on 3/2/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Weisberg, Peggy)
March 1, 2016 Filing 35 Letter MOTION for Leave to File a Motion to Dismiss Certain Claims made in the Consolidated Class Action Complaint by Henry Schein, Inc.. (Kass, Colin)
March 1, 2016 Filing 34 Letter of Intent to File Motion To Dismiss by Benco Dental Supply Company Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Scher, Howard)
March 1, 2016 Filing 33 Letter by Patterson Companies, Inc. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Long, James)
February 29, 2016 Filing 32 NOTICE of Change of Address - Correction by Andrew Michael Purdy (Purdy, Andrew)
February 29, 2016 Filing 31 NOTICE of Change of Firm and Address by Joseph R. Saveri (Saveri, Joseph)
February 29, 2016 Opinion or Order ELECTRONIC ORDER granting #29 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Gary R. Brown on 2/29/2016. (Yim, Kevin)
February 26, 2016 Filing 30 CONSOLIDATED CLASS ACTION COMPLAINT against All Defendants, filed by Peter Bence, DMD, P.A., Paul Bermudez, Robert W. Grodner, DDS, PJCC Dental PC, Keith Schwartz, D.M.D., P.A., Mojdeh Shaystehfar, Dennis M. Winter, D.D.S., P.C., Stanford Dresnin, DDS, Rossman Endodontics, Comfort Care Family Dental, P.C., Naghmeh Yadegar, D.D.S., Inc., OMID FARAHMAND DMD, INC., Joseph Styger, DDS, Casey Nelson, Kanellos & Kotis, Stephen M. Grussmark, DDS, Indianola Family Dentistry, P.L.C., West LA Dental Health Care Center, Bemus Point Dental, LLC, Anthony J. Peppy DDS & Samuel J. Peppy Jr., DDS PC, Robert Corwin, Kottemann Orthodontics, P.L.L.C., Arnell Prato, D.D.S., P.L.L.C, Evolution Dental Science, LLC, Bauer Dental Arts, Howard M. May, DDS, Thomas Caspers, D.D.S., P.S., Jim Peck. (Marziliano, August) Modified on 2/26/2016 (Marziliano, August).
February 26, 2016 Filing 29 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8411998. by Jim Peck. (Nast, Dianne)
February 26, 2016 Filing 28 MOTION for Leave to Electronically File Document under Seal attaching Consolidated Amended Complaint by Comfort Care Family Dental, P.C.. (Attachments: #1 Consolidated Amended Complaint) (Radice, John)
February 26, 2016 Opinion or Order ORDER granting plaintiffs' #28 motion for leave to electronically filedocument under seal to the extent that it will be available to case participants only. The Consolidated Amended Complaint may be filed underseal, pending review of the proposed redactions as contemplated in plaintiffs' #25 motion and my 2/24/16 ECF Order. The Court finds that a brief period of sealing until it can determine whether the limited right of public access outweighs any private interests is appropriate. Plaintiffs must provide by 3/11/16 a redacted Consolidated Amended Complaint that is supported by specific justifications for each proposed redaction, after which time theCourt will make a final ruling on what portions of the Consolidated Amended Complaint, if any, will remain sealed.. Ordered by Judge Brian M. Cogan on 2/26/2016. (Marziliano, August)
February 26, 2016 Opinion or Order ELECTRONIC ORDER granting (11) Motion for Leave to Appear Pro Hac Vice ; granting (12) Motion for Leave to Appear Pro Hac Vice in case 2:16-cv-00712-BMC-GRB; granting (26) Motion for Leave to Appear Pro Hac Vice ; granting (27) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00696-BMC-GRB. Ordered by Magistrate Judge Gary R. Brown on 2/26/2016. Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00712-BMC-GRB (Yim, Kevin)
February 25, 2016 Filing 27 Notice of MOTION for Leave to Appear Pro Hac Vice Sean Cooper Filing fee $ 150, receipt number 0207-8406319. by Joseph Styger, DDS. Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00712-BMC-GRB (Kaplan, Darren)
February 25, 2016 Filing 26 Notice of MOTION for Leave to Appear Pro Hac Vice Jason S. Hartley Filing fee $ 150, receipt number 0207-8406282. by Joseph Styger, DDS. Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00712-BMC-GRB (Kaplan, Darren)
February 24, 2016 Filing 25 Letter MOTION for Leave to File Concerning Filing Amended Complaint Under Seal by Comfort Care Family Dental, P.C.. (Radice, John)
February 24, 2016 Filing 24 Notice of Related Case indicated on the civil cover sheet in case 16cv906. (Rodin, Deanna)
February 24, 2016 Opinion or Order ORDER granting #25 Motion for Leave to File. The procedure for filing a redacted version is accepted. Defendants will have to make a specific showing of the need for each redaction. Ordered by Judge Brian M. Cogan on 2/24/2016. (Clarke, Melonie)
February 22, 2016 Filing 23 NOTICE of Appearance by Brandi Hamilton on behalf of Comfort Care Family Dental, P.C., Rossman Endodontics (notification declined or already on case) (Hamilton, Brandi)
February 22, 2016 Filing 22 NOTICE of Appearance by John D. Barrett on behalf of Comfort Care Family Dental, P.C., Rossman Endodontics (notification declined or already on case) (Barrett, John)
February 22, 2016 Filing 21 MOTION for Leave to Appear Pro Hac Vice of Jeffrey B. Gittleman Filing fee $ 150, receipt number 0207-8395420. by Kanellos & Kotis. (Toomey, Michael)
February 22, 2016 Opinion or Order ELECTRONIC ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Gary R. Brown on 2/22/2016. C/ECF (Johnston, Linda)
February 22, 2016 Email Notification Test - DO NOT REPLY (Ortiz, Grisel)
February 19, 2016 Filing 20 NOTICE of Appearance by Jonathan Jeffrey Ross on behalf of Peter Bence, DMD, P.A. (aty to be noticed) (Ross, Jonathan)
February 19, 2016 Filing 19 Letter by Comfort Care Family Dental, P.C., Rossman Endodontics (Attachments: #1 Exhibit John Barrett Certificate of Good Standing) (Barrett, John)
February 19, 2016 Filing 18 Letter by Comfort Care Family Dental, P.C., Rossman Endodontics (Attachments: #1 Exhibit Brandi Hamilton Certificate of Good Standing) (Barrett, John)
February 19, 2016 Opinion or Order ELECTRONIC ORDER granting #11 Motion for Leave to Appear Pro Hac Vice ; granting #12 Motion for Leave to Appear Pro Hac Vice ; granting #17 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Gary R. Brown on 2/19/2016. (Yim, Kevin)
February 18, 2016 Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8388965. by Paul Bermudez. (Attachments: #1 Affidavit, #2 Exhibit, #3 Certificate of Service) (Penny, Brian)
February 18, 2016 Filing 16 SUMMONS Returned Executed by Peter Bence, DMD, P.A.. (Carmody, William)
February 18, 2016 Filing 15 SUMMONS Returned Executed by Peter Bence, DMD, P.A.. (Carmody, William)
February 18, 2016 Filing 14 SUMMONS Returned Executed by Peter Bence, DMD, P.A.. (Carmody, William)
February 18, 2016 Filing 13 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 9, 2016, before Judge Brian Cogan. Court Reporter/Transcriber Lisa Schmid, Telephone number (718)613-2644. Email address: LisaSchmidCCR.RMR@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 3/10/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/18/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Schmid, Lisa)
February 18, 2016 Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8388210. by Jim Peck. (Smith, Stephanie)
February 18, 2016 Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8388152. by Jim Peck. (Roberts, Michael)
February 18, 2016 Opinion or Order ELECTRONIC ORDER granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00345-BMC-GRB; granting (10) Motion for Leave to Appear Pro Hac Vice ; granting (11) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00548-BMC-GRB; granting (6) Motion for Leave to Appear Pro Hac Vice ; granting (7) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00691-BMC-GRB; granting (5) Motion for Leave to Appear Pro Hac Vice ; granting (6) Motion for Leave to Appear Pro Hac Vice in case 1:16-cv-00696-BMC-GRB. Ordered by Magistrate Judge Gary R. Brown on 2/18/2016. Associated Cases: 1:16-cv-00696-BMC-GRB, 1:16-cv-00345-BMC-GRB, 1:16-cv-00548-BMC-GRB, 1:16-cv-00691-BMC-GRB (Yim, Kevin)
February 17, 2016 Filing 10 NOTICE of Appearance by Shawn J. Rabin on behalf of Peter Bence, DMD, P.A. (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Rabin, Shawn)
February 17, 2016 Filing 9 NOTICE of Appearance by Craig S. Davis on behalf of Dennis M. Winter, D.D.S., P.C., Indianola Family Dentistry, P.L.C., Dennis M. Winter, D.D.S., P.C., Indianola Family Dentistry, P.L.C. (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00658-BMC-GRB, 2:16-cv-00751-BMC-GRB (Davis, Craig) Modified on 2/17/2016 (Marziliano, August).
February 17, 2016 Filing 8 NOTICE of Appearance by Robert K. Shelquist on behalf of Dennis M. Winter, D.D.S., P.C., Indianola Family Dentistry, P.L.C., Dennis M. Winter, D.D.S., P.C., Indianola Family Dentistry, P.L.C. (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00658-BMC-GRB, 2:16-cv-00751-BMC-GRB (Shelquist, Robert) Modified on 2/17/2016 (Marziliano, August).
February 17, 2016 Filing 7 NOTICE of Appearance by W. Joseph Bruckner on behalf of Dennis M. Winter, D.D.S., P.C., Indianola Family Dentistry, P.L.C., Dennis M. Winter, D.D.S., P.C., Indianola Family Dentistry, P.L.C. (aty to be noticed) Associated Cases: 1:16-cv-00696-BMC-GRB, 2:16-cv-00658-BMC-GRB, 2:16-cv-00751-BMC-GRB (Bruckner, W.) Modified on 2/17/2016 (Marziliano, August).
February 17, 2016 Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8385245. by Comfort Care Family Dental, P.C., Rossman Endodontics. (Barrett, John) Modified on 2/17/2016 (Marziliano, August).
February 17, 2016 Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8385192. by Comfort Care Family Dental, P.C., Rossman Endodontics. (Hamilton, Brandi) Modified on 2/17/2016 (Marziliano, August).
February 17, 2016 Opinion or Order ELECTRONIC ORDER granting #3 Motion for Protective Order. Joint proposed confidentiality order #3 is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 2/17/2016. (Yim, Kevin)
February 17, 2016 Opinion or Order ELECTRONIC ORDER in case 1:16-cv-00282-BMC-GRB; granting (16) Motion for Protective Order in case 1:16-cv-00345-BMC-GRB; granting (17) Motion for Protective Order in case 1:16-cv-00355-BMC-GRB; granting (10) Motion for Protective Order in case 1:16-cv-00442-BMC-GRB; granting (10) Motion for Protective Order in case 1:16-cv-00443-BMC-GRB; granting (9) Motion for Protective Order in case 1:16-cv-00479-BMC-GRB; granting (8) Motion for Protective Order in case 1:16-cv-00497-BMC-GRB; granting (12) Motion for Protective Order in case 1:16-cv-00548-BMC-GRB; granting (10) Motion for Protective Order in case 1:16-cv-00560-BMC-GRB; granting (9) Motion for Protective Order in case 1:16-cv-00576-BMC-GRB; granting (7) Motion for Protective Order in case 1:16-cv-00591-BMC-GRB; granting (10) Motion for Protective Order in case 1:16-cv-00596-BMC-GRB; granting (7) Motion for Protective Order in case 1:16-cv-00609-BMC-GRB; granting (7) Motion for Protective Order in case 1:16-cv-00616-BMC-GRB; granting (7) Motion for Protective Order in case 1:16-cv-00631-BMC-GRB; granting (6) Motion for Protective Order in case 1:16-cv-00657-BMC-GRB; granting (2) Motion for Protective Order in case 1:16-cv-00661-BMC-GRB; granting (7) Motion for Protective Order in case 1:16-cv-00662-BMC-GRB; granting (7) Motion for Protective Order in case 1:16-cv-00666-BMC-GRB; granting (17) Motion for Protective Order in case 2:16-cv-00658-BMC-GRB; granting (6) Motion for Protective Order in case 2:16-cv-00570-BMC-GRB; granting (7) Motion for Protective Order in case 1:16-cv-00692-BMC-GRB; granting (5) Motion for Protective Order in case 1:16-cv-00762-BMC-GRB; granting (5) Motion for Protective Order in case 1:16-cv-00765-BMC-GRB. Joint proposed confidentiality orders are hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 2/17/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Yim, Kevin)
February 16, 2016 Filing 4 Consent MOTION for Protective Order in Class Actions by Rossman Endodontics. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Radice, John) Modified on 2/17/2016 (Marziliano, August).
February 12, 2016 Opinion or Order Filing 2 CASE MANAGEMENT ORDER NO. 2. At the Initial Status Conference held on 2/9/16, the Court Ordered: (1) all actions asserting substantially similar claims are consolidated for pretrial purposes, SourceOne Dental, Inc. will appear on the docket as a related case; (2) a new civil case number, 16 Civ. 696, has been opened as the master docket for the consolidated class action cases; (3) all orders, pleadings, motions and other documents shall be filed electronically on the master 16 Civ. 696 docket only; (4) plaintiffs are to file a consolidated Amended Complaint by 2/26/2016 on the master 16 Civ. 696 docket; (5) until further Order, parties will join and are subject to the discovery schedule set forth by Magistrate Judge Brown in SourceOne, 15 Civ. 5440, available at Docket Entry No. 46.. Ordered by Judge Brian M. Cogan on 2/11/2016. Associated Cases: 1:16-cv-00696-BMC-GRB et al. (Marziliano, August) Modified on 3/3/2016 (Marziliano, August).
February 12, 2016 Filing 3 NOTICE of Appearance by Robert N. Kaplan on behalf of Naghmeh Yadegar, D.D.S., Inc. (aty to be noticed) (Kaplan, Robert) Modified on 2/17/2016 (Marziliano, August).
February 9, 2016 Opinion or Order Filing 1 CASE MANAGEMENT ORDER NO. 1:. Ordered by Judge Brian M. Cogan on 02/05/2016. (Marziliano, August) (Main Document 1 replaced on 3/2/2016) (Marziliano, August). Modified on 3/2/2016 See modification to pro hac vice submission. (Marziliano, August).

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Search for this case: In re DENTAL SUPPLIES ANTITRUST LITIGATION
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Defendant: DENTAL SUPPLIES ANTITRUST LITIGATION
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Defendant: Benco Dental Supply Company
Represented By: Jackson E. Warren
Represented By: Carrie G. Amezcua
Represented By: Samantha Lee Southall
Represented By: Howard D. Scher
Represented By: David Schumacher
Represented By: Thomas P. Manning
Represented By: James J. Long
Represented By: Kenneth L. Racowski
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Defendant: Henry Schein, Inc.
Represented By: Jaran R. Moten
Represented By: Sarah Lancaster
Represented By: James Andrew Langan
Represented By: Richard C. Godfrey
Represented By: Howard D. Scher
Represented By: Barack Echols
Represented By: Lauren M. Fincher
Represented By: Adrian Fontecilla
Represented By: James J. Long
Represented By: Bradley I. Ruskin
Represented By: Scott Abeles
Represented By: John P. McDonald
Represented By: Colin Kass
Represented By: David Alexander Munkittrick
Represented By: Stephen Robert Chuk
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Defendant: Burkhart Dental Supply Company
Represented By: Dai Wai Chin Feman
Represented By: Jonathan Richard Montcalm
Represented By: Richard H. Silberberg
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Defendant: Patterson Companies, Inc.
Represented By: Michael B. Miller
Represented By: Scott M. Flaherty
Represented By: Jay William Schlosser
Represented By: Joshua R. Stein
Represented By: James J. Long
Represented By: Howard D. Scher
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Interested party: Instrumentarium Dental Inc.
Represented By: Jonathan Bradley Pitt
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Interested party: SourceOne Dental, Inc.
Represented By: William A. Isaacson
Represented By: Christopher G. Renner
Represented By: James P. Denvir
Represented By: Jack G. Stern
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Interested party: Danaher Corporation
Represented By: Jonathan Bradley Pitt
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Interested party: Dental Equipment LLC
Represented By: Jonathan Bradley Pitt
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Interested party: Dental Imaging Technologies, Corporation
Represented By: Jonathan Bradley Pitt
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Interested party: Kavo Dental Technologies LLC
Represented By: Jonathan Bradley Pitt
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Plaintiff: PJCC Dental PC
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
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Plaintiff: Scott T. Ozaki DDS Inc.
Represented By: Thomas G. Amon
Represented By: Samuel H. Rudman
Represented By: Peter Barry Patterson, Jr.
Represented By: Patrick Joseph Coughlin
Represented By: Brian J. Robbins
Represented By: Alexandra S. Bernay
Represented By: Carmen A. Medici
Represented By: George C. Aguilar
Represented By: David W. Mitchell
Represented By: Leonid Kandinov
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Plaintiff: D.M.D. Bernard W. Kurek
Represented By: Eric Cramer
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Charles J. Kocher
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Plaintiff: Peter Bence, DMD, P.A.
Represented By: Ian M. Gore
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Shawn J. Rabin
Represented By: Jonathan Jeffrey Ross
Represented By: Arun Srinivas Subramanian
Represented By: William Christopher Carmody
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Plaintiff: Arnell Prato, D.D.S., P.L.L.C
Represented By: David S. Preminger
Represented By: Eric Cramer
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Mark A. Griffin
Represented By: Amy Hanson
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Plaintiff: Comfort Care Family Dental, P.C.
Represented By: Ryan F. Stephan
Represented By: Eric Cramer
Represented By: John W Barrett
Represented By: Brandi Hamilton
Represented By: Daniel Evan Rubenstein
Represented By: Patrick F. Madden
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Joshua T. Ripley
Represented By: James B. Zouras
Represented By: Teresa Becvar
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Plaintiff: Ronald A Moreno, D.D.S., P.S.
Represented By: Mark A. Griffin
Represented By: Amy Hanson
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Plaintiff: Howard M. May, DDS
Represented By: Eric Cramer
Represented By: John Daniel Radice
Represented By: Linda P. Lam
Represented By: Eric H. Gibbs
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Michael L. Schrag
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Marc David Grossman
Represented By: George W. Sampson
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Plaintiff: Dr. Joshua Wolgin, DMD
Represented By: Laurie Rubinow
Represented By: Natalie F. Bennett
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Plaintiff: Kanellos & Kotis
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Michael Arthur Toomey
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Plaintiff: Robert W. Grodner, DDS
Represented By: Jeffrey B. Dubner
Represented By: John Daniel Radice
Represented By: Christopher J. Cormier
Represented By: Sharon Kunjumon Robertson
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Nicole E. Glauser
Represented By: Richard A. Koffman
Represented By: Christopher Goodpastor
Represented By: Gabriel R. Gervey
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Plaintiff: Bemus Point Dental, LLC
Represented By: Melinda R. Coolidge
Represented By: John Daniel Radice
Represented By: Brent W. Landau
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Gary I. Smith
Represented By: Scott Allan Martin
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Plaintiff: Rittenhouse Smiles, P.C.
Represented By: Tina Wolfson
Represented By: Jeremy Nathan Nash
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Plaintiff: Evolution Dental Science, LLC
Represented By: Eric Cramer
Represented By: Melinda R. Coolidge
Represented By: John Daniel Radice
Represented By: Brent W. Landau
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Scott Allan Martin
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Plaintiff: Dennis M. Winter, D.D.S., P.C.
Represented By: Jonathan Watson Cuneo
Represented By: Benjamin David Elga
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Craig S. Davis
Represented By: Taylor Asen
Represented By: Robert K. Shelquist
Represented By: W. Joseph Bruckner
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Plaintiff: Keith Schwartz, D.M.D., P.A.
Represented By: Linda P. Nussbaum
Represented By: Eric Cramer
Represented By: John Daniel Radice
Represented By: Warren Burns
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Bradley J. Demuth
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Plaintiff: Dr. Stephen M. Grussmark, DDS
Represented By: Linda P. Nussbaum
Represented By: John Daniel Radice
Represented By: Warren Burns
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Bradley J. Demuth
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Plaintiff: Indianola Family Dentistry, P.L.C.
Represented By: Jonathan Watson Cuneo
Represented By: Benjamin David Elga
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Craig S. Davis
Represented By: Taylor Asen
Represented By: Robert K. Shelquist
Represented By: W. Joseph Bruckner
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Plaintiff: West LA Dental Health Care Center
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Jeffrey A. Klafter
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Plaintiff: Anthony J. Peppy DDS & Samuel J. Peppy Jr., DDS PC
Represented By: Gabriel D. Zeldin
Represented By: Allan Steyer
Represented By: Donald Scott Macrae
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
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Plaintiff: OMID FARAHMAND DMD, INC.
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
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Plaintiff: Dr. Joseph Styger, DDS
Represented By: Sean Cooper
Represented By: Darren T. Kaplan
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Jason S. Hartley
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Plaintiff: Kottemann Orthodontics, P.L.L.C.
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Daniel Gustafson
Represented By: Sharon S. Almonrode
Represented By: Steven N. Williams
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Plaintiff: Naghmeh Yadegar, D.D.S., Inc.
Represented By: Robert N. Kaplan
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Gregory K. Arenson
Represented By: Richard J. Kilsheimer
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Plaintiff: Larchmont Dental Associates, P.C.
Represented By: Eric Cramer
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Charles J. Kocher
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Plaintiff: Mojdeh Shaystehfar
Represented By: Jonathan K. Levine
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
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Plaintiff: Stanford Dresnin, DDS
Represented By: Marc H. Edelson
Represented By: Joshua H. Grabar
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
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Plaintiff: Bauer Dental Arts
Represented By: Andrew Michael Purdy
Represented By: Joseph R. Saveri
Represented By: Ryan McEwan
Represented By: John Daniel Radice
Represented By: Joshua A. Davis
Represented By: Kenneth Bruce Pickle, Jr.
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Plaintiff: Dr. Nicholas Johnnidis
Represented By: Brian Phillip Murray
Represented By: Paul C. Whalen
Represented By: Thomas James Kennedy
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Plaintiff: Dr. Robert Corwin
Represented By: Linda P. Nussbaum
Represented By: John Daniel Radice
Represented By: Warren Burns
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Bradley J. Demuth
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Plaintiff: Cornerstone Dentistry, P.C.
Represented By: Daniel R. Karon
Represented By: John Daniel Radice
Represented By: Beau D. Hollowell
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: David P. McLafferty
Represented By: Garrett D. Blanchfield
Represented By: Roberta A. Yard
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Plaintiff: Casey Nelson
Represented By: Eric Cramer
Represented By: David Woodward
Represented By: Robert G. Eisler
Represented By: Vincent J. Esades
Represented By: John Daniel Radice
Represented By: James W. Anderson
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Gary I. Smith
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Plaintiff: Rossman Endodontics
Represented By: Ryan F. Stephan
Represented By: Eric Cramer
Represented By: Brandi Hamilton
Represented By: Patrick F. Madden
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Joshua T. Ripley
Represented By: James B. Zouras
Represented By: Teresa Becvar
Represented By: John D. Barrett
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Plaintiff: Alexander Greenberg, DDS
Represented By: Jeffrey H. Squire
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Plaintiff: IQ Dental Supply, Inc.
Represented By: William B. Pollard, III
Represented By: Amy Christine Gross
Represented By: James M. Parks
Represented By: Lawrence C. Fox
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Plaintiff: Jim Peck
Represented By: Eric Cramer
Represented By: Stephanie Egner Smith
Represented By: Michael L. Roberts
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Dianne M Nast
Represented By: Gary I. Smith
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Plaintiff: Paul Bermudez
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Brian D. Penny
Represented By: John Domenick Zaremba
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Plaintiff: Thomas Caspers, D.D.S., P.S.
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Mark A. Griffin
Represented By: Amy Hanson
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Plaintiff: Arnell Prato, D.D.S., P.L.L.C formerly known as Arnell N. Prato, D.D.S., P.L.L.C. doing business as Down To Earth Dental
Represented By: David S. Preminger
Represented By: Eric Cramer
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Mark A. Griffin
Represented By: Amy Hanson
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Plaintiff: Scott T. Ozaki DDS Inc. individually and on behalf of all others similalry situated doing business as Eastlake Peridontics & Implants
Represented By: Thomas G. Amon
Represented By: Samuel H. Rudman
Represented By: Peter Barry Patterson, Jr.
Represented By: Patrick Joseph Coughlin
Represented By: Brian J. Robbins
Represented By: Alexandra S. Bernay
Represented By: Carmen A. Medici
Represented By: George C. Aguilar
Represented By: David W. Mitchell
Represented By: Leonid Kandinov
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Plaintiff: Naghmeh Yadegar, D.D.S., Inc. doing business as New Age Dental
Represented By: Robert N. Kaplan
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Gregory K. Arenson
Represented By: Richard J. Kilsheimer
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Plaintiff: Mojdeh Shaystehfar on behalf of itself and all others similarly situated doing business as Linden Dental Care
Represented By: Jonathan K. Levine
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
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Plaintiff: Dr. Joshua Wolgin, DMD individually and on behalf of all those similarly situated doing business as Wolgin Endodontic Group
Represented By: Laurie Rubinow
Represented By: Natalie F. Bennett
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Plaintiff: Arnell N. Prato, D.D.S., P.L.L.C.
Represented By: David S. Preminger
Represented By: Eric Cramer
Represented By: John Daniel Radice
Represented By: Kenneth Bruce Pickle, Jr.
Represented By: Robert W. Cobbs
Represented By: Jessica Weiner
Represented By: Gary I. Smith
Represented By: Mark A. Griffin
Represented By: Amy Hanson
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In re: Rule 45 Subpoena Issued to Strategic Data Marketing, LLC
Represented By: Kenneth Bruce Pickle, Jr.
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Not classified by court: Strategic Data Marketing
Represented By: Dustin F. Hecker
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Not classified by court: Data Marketing Strategic
Represented By: Dustin F. Hecker
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Not classified by court: Dr. William Roe
Represented By: Kearney Dee Hutsler, III
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