Chow v. SentosaCare, LLC et al
| Walter Chow |
| Leah Friedman, deena landra, Does 1-25, Shorefront Realty, LLC, Esther Farkovitz, David Rubenstein, Rochel David, Shaindy Berko, Shorefront Operating, LLC d/b/a Seagate Rehabilitation and Nursing Center, Joel Zupnick, Avi Philpson, SentosaCare, LLC, Berish Rubenstein, Bruscha Singer, Shorefront Operating, LLC and Shorefront Operating, LLC doing business as Seagate Rehabilitation and Nursing Center |
| 1:2019cv03541 |
| June 14, 2019 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| James R Cho |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 92 MOTION for Extension of Time to Complete Discovery by Walter Chow. (Blankinship, D.) |
ORDER re #92 : Plaintiff's Unopposed Motion for Extension of Time to Complete Discovery is granted. Parties shall complete fact discovery by March 14, 2022. Parties shall commence dispositive motion practice by April 18, 2022. A Status Conference is set for March 21, 2022 at 10:00 a.m. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 11/10/2021. (Maneval, Sarah)
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| Filing 91 TRANSCRIPT of Proceedings held on October 18, 2021, before Judge Cho. Court Transcriber: ABBA REPORTING. Email address: abbareporting@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/25/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/2/2022. (Rocco, Christine) |
| Minute Entry for Settlement Conference proceedings held on 11/2/2021 before Magistrate Judge James R. Cho: Telephonic settlement conference. Appearances by D. Greg Blankinship and John Dominic Sardesai-Grant for plaintiff; Lori Semlies and David Ross for defendants along with a client representative. Settlement discussions held off the record. Parties are far apart on settlement. Parties are encouraged to continue discussing settlement privately. (FTR Log #AT&T Conference Bridge.) (Grieff, Robin) |
| Minute Entry: Status Conference held on 10/18/2021 before Magistrate Judge James R. Cho. Counsel for all parties appeared. Progress of discovery and pending issues discussed relating to ESI production. Parties are in the process of scheduling depositions. Parties encouraged to continue to meet and confer over discovery issues. The current discovery schedule remains in place. Telephonic settlement conference scheduled for 11/2/2021 at 2:30 p.m. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are directed to submit ex parte settlement letters by 10/26/2021, which may be forwarded by ex parte email to my chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers). The ex parte settlement letters shall state (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weakness of their case; and (4) any information that may assist the Court in helping the parties resolve the matter. The parties are encouraged to discuss settlement prior to submission of the ex parte letters. The ex parte letters shall be limited to five pages exclusive of attachments. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. (AT&T Conference Line.) (Gillespie, Saudia) |
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ORDER granting #90 Motion to Adjourn Conference. The Telephonic-Status Conference previously scheduled for 10/13/2021 is adjourned to 10/18/2021 at 3:00 p.m. Counsel for all parties must participate. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 10/5/2021. (Gillespie, Saudia)
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| Filing 90 MOTION to Adjourn Conference by Walter Chow. (Sardesai-Grant, John) |
| Minute Order: Status Conference held on 7/19/2021 before Magistrate Judge James R. Cho. D. Greg Blankinship and John Sardesai-Grant appeared for plaintiff; Lori Semlies appeared for defendants. Parties discussed status of discovery. Defendants are reviewing ESI for production and anticipate completing their production in late August. Parties also discussed settlement. The Court grants the parties' request for an extension of time to complete discovery [DE 89]. Parties to complete fact discovery by 11/30/2021, all discovery by 1/14/2022, and commence dispositive motion practice by 2/18/2022. Telephonic status conference scheduled for 10/13/2021 at 11:30 a.m. the parties are directed to call toll free (888) 808-6929 and use access code 1065334. (AT&T Conference Bridge.) (Gillespie, Saudia) |
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SCHEDULING ORDER: Counsel contacted the Court via telephone requesting the time of the status conference previously scheduled for July 19, 2021 be adjourned. The request is granted and the conference is adjourned from 10:00 a.m. to 12:00 p.m. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 7/15/2021. (Gillespie, Saudia)
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ORDER re #89 : The Court reserves ruling on the parties' joint request for an extension of time to complete discovery (DE #89 ). The Court will discuss the request with the parties at the 7/19/2021 conference. To the extent the parties anticipate proposing a schedule for Defendants' production of ESI, the parties shall file a joint proposed schedule by 7/16/2021. Ordered by Magistrate Judge James R. Cho on 7/9/2021. (Hazelwood, John)
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| Filing 89 Letter MOTION for Extension of Time to Complete Discovery Joint by Walter Chow. (Blankinship, D.) |
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Filing 88
MEMORANDUM and ORDER: The Court finds that it clearly erred in rejecting Defendants constitutional standing argument. Defendants motion #77 for reconsideration is GRANTED in part. Because the Court finds that Plaintiff lacks standing to seek injunctive relief, Plaintiffs request for injunctive relief is STRICKEN. Plaintiffs request for damages is not affected by this Order. Ordered by Judge Frederic Block on 6/28/2021. (Innelli, Michael)
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| Minute Entry: Telephonic-Discovery Conference held on 5/24/2021 before Magistrate Judge James R. Cho. John Sardesai-Grant and D. Greg Blankinship appeared for plaintiff; Lori Semlies appeared for defendants. The Court heard argument on the three issues raised in the parties' joint discovery letter dated 5/19/2021 (DE #87 ). The Court is guided by the prior rulings limiting the scope of discovery generally to the period of Chow's residency at the facility in question (Dkt. entry dated 1/20/2021), and the exceptions set forth in the Court's 7/21/2020 Order (DE #62 ). The Court made the following rulings: First, plaintiff requested email data for August 2017 to the present because defendants are no longer in possession of emails prior to July 2017. See Issue # 1. The Court denied plaintiff's request as to production of emails on the grounds that plaintiff failed to make an adequate showing that emails on or after August 2017 were relevant to the case, but granted leave for plaintiff to refile their request, if necessary. Second, plaintiff requested production of certain "Minimum Data Set" assessments and "payroll punch detail" to verify third-party data for the post-August 2017 period. See Issue #2. According to plaintiff, the data demonstrates level of staffing at the facility in question. See Issue #2. The Court denied plaintiff's request on the grounds that obtaining the data, in light of the articulated difficulties in obtaining the data, was not proportional to the needs of the case, but granted plaintiff leave to renew the request in the event defendant sought to challenge the veracity of the third-party data. Third, plaintiff requested expanding the temporal limitations of the discovery period in light of the Court's 9/25/2020 order denying defendants' motion to dismiss, including the claims for injunctive relief (DE #69 ). See Issue # 3. The prior temporal limitations imposed by the Court contemplated plaintiff's claims for injunctive relief, and the Court's subsequent ruling on defendants' motion to dismiss. The Court denies plaintiff's request to adjust the temporal limitations as it relates to discovery notwithstanding the ruling on the prior motion to dismiss. (FTR Log #AT&T Conference Bridge.) (Gillespie, Saudia) |
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SCHEDULING ORDER re #87 : Telephonic Discovery Conference set for 5/24/2021 at 1:00 PM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Ordered by Magistrate Judge James R. Cho on 5/20/2021. (Maneval, Sarah)
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| Filing 87 Letter Re: Joint Request for Discovery Conference by Walter Chow (Blankinship, D.) |
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SCHEDULING ORDER: The parties are directed to comply with the pretrial deadlines set by Magistrate Judge Sanket J. Bulsara on 4/1/2021. A Status Conference is set for 7/19/2021 at 10:00 AM before Magistrate Judge James R. Cho. The conference will proceed telephonically. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Ordered by Magistrate Judge James R. Cho on 4/21/2021. (Hazelwood, John)
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| Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Sanket J. Bulsara no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
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ORDER: In light of the pending reassignment of this case to another Magistrate Judge,the telephonic-status conference scheduled for 7/15/2021 before Magistrate Judge Sanket J. Bulsara is hereby adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/14/2021. (Manson, Eddie).
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ORDER: The motion for extension of time to complete discovery #86 is granted. The deadline for the close of fact discovery is extended to 7/12/2021, the deadline for the close of all discovery is extended to 8/30/2021, and the deadline for the parties to take the first step in dispositive motion practice is extended to 9/30/2021. The status conference set for 4/22/2021 is adjourned to 7/15/2021 at 2:00 PM before Magistrate Judge Sanket J. Bulsara in Courtroom 324 North. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/1/2021. (Altreuter, Sylvia)
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| Filing 86 Letter MOTION for Extension of Time to Complete Discovery Joint by Walter Chow. (Blankinship, D.) |
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ORDER: During the Rule 30(b)(6) deposition of Defendant Shorefront Realty, LLC, counsel instructed the witness not to answer a question about the financing of the purchase of the entity. The instruction not to answer the question was improper, and the witness is directed to answer the question. The question does not run afoul of the Court's prior order, which limited Plaintiff from seeking information about profits and losses. The financing, unlike profit and loss information, may be probative of ownership, which is relevant in this case and therefore a permissible line of inquiry. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/8/2021. (Altreuter, Sylvia)
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ORDER: The motion for extension of time to complete discovery #85 is granted. The close of fact discovery is extended to 5/10/2021, the close of all discovery is extended to 6/28/2021, and the deadline for the parties to take the first step in dispositive motion practice is extended to 7/28/2021. The status conference set for 2/10/2021 is adjourned to 4/22/2021 at 10:00 AM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/3/2021. (Altreuter, Sylvia)
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| Filing 85 Letter MOTION for Extension of Time to Complete Discovery Joint by Walter Chow. (Blankinship, D.) |
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Filing 84
ORDER: For the reasons in the attached Order, Plaintiff's motion for leave to file an amended Complaint #68 is denied. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/20/2021. (Altreuter, Sylvia)
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ORDER: Plaintiff seeks leave #82 to file a motion to compel Defendant Shorefront Operating LLC ("Defendant") to provide answers to certain requests for admission. Defendant's position appears to be that because the requests for admission relate to information outside the period of Leroy Chow's stay at Defendant's facility, it has no obligation to respond. Defendant's position is untenable: Plaintiff is seeking to ascertain whether certain documents--many of which were produced by Defendant--are true and accurate or authentic, requests that are routine and impose little to no cost, burden, or expense. That is, the concerns about limiting the scope of discovery that were attendant to the Court's prior orders--namely burden and proportionality--do not present here, and Defendant's refusal to answer basic or fundamental questions lacks justification. While the Court limited the scope of discovery generally to the period of Chow's residency, Plaintiff is certainly entitled to determine whether information outside that time frame (either information that is publicly available or produced by Defendant) is true and accurate. The motion for leave is denied; Defendant, however, is directed to provide answers to the requests for admission not limited by time frame. The Court is again dismayed by the unnecessary and wasteful motion practice in this case--here, the time and energy expended in refusing to answer requests for admission easily outstrips the time and resources necessary to answer whether documents are true and accurate (and doing so does not prejudice any substantive arguments Defendant may wish to make in opposition to class certification or in support of summary judgment). So Ordered by Magistrate Judge Sanket J. Bulsara on 1/20/2021. (Altreuter, Sylvia)
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| Filing 83 RESPONSE in Opposition re #82 Letter MOTION for Leave to File Document Motion to Compel filed by Shorefront Operating, LLC. (Ross, David) |
| Filing 82 Letter MOTION for Leave to File Document Motion to Compel by Walter Chow. (Attachments: #1 Exhibit A) (Blankinship, D.) |
| Filing 81 RESPONSE in Opposition re #68 MOTION for Leave to File Document Amended Class Action Complaint (Supplemental Submission Response re December 14, 2020 Order) filed by All Defendants. (Ross, David) |
| Filing 80 MEMORANDUM in Support re #68 MOTION for Leave to File Document Amended Class Action Complaint Supplemental filed by Walter Chow. (Blankinship, D.) |
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ORDER: In Plaintiff's motion for leave to amend the Complaint #68 , Plaintiff seeks to amend his Complaint to name two previously unnamed defendants, Bent Philipson and Benjamin Landa. He argues that claims against these parties relate back to the filing of the Complaint under Rule 15(c)(1)(A) under New York's general relation-back statute, CPLR 203. However, under CPLR 1024, "parties are not to resort to the 'Jane Doe' procedure unless they exercise due diligence, prior to the running of the statute of limitations, to identify the defendant by name and, despite such efforts, are unable to do so." Bumpus v. N.Y.C. Transit Auth., 66 A.D.3d 26, 29-30 (2d Dep't 2009). Neither party addresses the applicability of CPLR 1024 or whether those standards have been met. By 12/30/2020, Plaintiff may submit supplemental briefing, limited to three pages, on its efforts, if any, to identify the John Doe Defendants prior to the expiration of the statute of limitations. Defendants may file a response, limited to three pages, by 1/8/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/14/2020. (Altreuter, Sylvia)
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| Filing 79 ANSWER to #12 Amended Complaint,, by All Defendants. (Ross, David) |
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ORDER: The motion for pre-motion conference #71 is denied. The Court will not permit Defendants to file a motion to strike class allegations. Any motion to strike Plaintiff's class allegations is procedurally improper. A motion to strike is made pursuant to Rule 12(f); under Rule 12(g), "a party that makes a motion under [Rule 12] must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion." Defendants filed a Rule 12(b)(6) motion on June 21, 2019. (See Mot. to Dismiss, Dkt. No. 6). Thus, this second Rule 12 motion must be denied. E.g., Cassese v. Wash. Mut., Inc., No. 05-CV-2724, 2007 WL 9723132, at *13 (E.D.N.Y. Sept. 7, 2007) (collecting cases). Separate and apart, any motion to strike class allegations is another attempt to reargue the propriety of class discovery or a premature attempt to resolve class certification. The Court has already concluded that class discovery is appropriate, and indeed admonished Defendants for obstructing class discovery. (Order dated June 5, 2020, Dkt. No. 55, at 1-2 ("Prior to the service of the responses to these RFPs, the Court denied Defendants' motion to trifurcate discovery, which the Court noted was a back-end motion for a stay of discovery. Now,... Defendants ask for a stay of discovery (without filing a cross-motion) or have refused to produce documents. Defendants' responses suggest that they are withholding documents pending decision on the motion to dismiss. Given the Court's prior rulings, the position is frivolous and borderline sanctionable.")). The case is in the middle of discovery, and it would be improper to terminate Plaintiff's ability to complete class discovery and then move for class certification. Defendants request to file such a motion is therefore denied. Travis v. Navient Corp., No. 17-CV-4885, 2020 WL 2523066, at *12 (E.D.N.Y. May 18, 2020) (denying motion to strike class allegations as premature and noting that such a motion would "require[] a reviewing court to preemptively terminate the class aspects of litigation, solely on the basis of what is alleged in the complaint, and before plaintiffs are permitted to complete the discovery to which they would otherwise be entitled on questions relevant to class certification" (quotation omitted)). Any arguments about class certification shall be addressed on a motion for class certification. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/23/2020. (Altreuter, Sylvia)
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ORDER: The Motion for extension of time to complete discovery #78 is granted. The close of fact discovery is extended to 3/8/2021. The close of all discovery is extended to 4/28/2021, and the deadline to take the first step in dispositive motion practice is extended to 5/28/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/22/2020. (Altreuter, Sylvia)
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| Filing 78 Letter MOTION for Extension of Time to Complete Discovery by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Semlies, Lori) |
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ELECTRONIC ORDER REFERRING: Defendant's application #71 for a pre-motion conference as to a motion to strike plaintiff's class allegations to MJ Bulsara to decided in it's entirety. Ordered by Judge Frederic Block on 10/20/2020. Motions referred to Sanket J. Bulsara. (Innelli, Michael)
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| Motions terminated, docketed incorrectly: #73 Notice of MOTION for Reconsideration. THIS IS A DUPLICATE OF THEIR FULLY BRIEFED MOTION #77 WHICH IS STILL PENDING. (Innelli, Michael) |
| Filing 77 Fully Briefed MOTION for Reconsideration by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Memorandum in Support, #2 Exhibit to Memorandum in Support, #3 Proposed Order, #4 Memorandum in Opposition, #5 Exhibit to Memorandum in Opposition, #6 Memorandum in Support in Reply to Support Motion for Reconsideration) (Ross, David) |
| Filing 76 REPLY to Response to Motion re #73 Notice of MOTION for Reconsideration re #69 Order on Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Ross, David) |
| Filing 75 MEMORANDUM in Opposition re #73 Notice of MOTION for Reconsideration re #69 Order on Motion to Dismiss for Failure to State a Claim filed by Walter Chow. (Attachments: #1 Exhibit A) (Blankinship, D.) |
| Filing 74 Letter Response Re Motion to Strike Class Allegations by Walter Chow (Blankinship, D.) |
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ORDER: The motion to compel Defendants to unredact documents #66 is granted in part and denied in part. The motion is granted with respect to the Operating Agreement. The Court agrees with Plaintiff that redactions of the Operating Agreement are inappropriate. To the extent that Plaintiffs do not have an unredacted copy of the Operating Agreement, Defendants shall produce one. The Operating Agreement is subject to the Court's so-ordered Confidentiality Agreement. Dkt. No. #32 . The motion is otherwise denied. The Court has reviewed the exemplar documents provided by both sides, as well as Exhibit 1 of Plaintiff's letter motion, which appears to be a redaction log of all documents containing redactions. The redaction log reveals that only 18 documents contain any redacted material. The Court concludes that the scope of redactions--limited as indicated in the log to issues of privilege and financial and profit information that the Court has previously and repeatedly concluded is beyond the scope of discovery--is appropriate. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/6/2020. (Altreuter, Sylvia)
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| Filing 73 Notice of MOTION for Reconsideration re #69 Order on Motion to Dismiss for Failure to State a Claim by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-3, #3 Proposed Order) (Ross, David) |
| Filing 72 REPLY in Support re #68 MOTION for Leave to File Document Amended Class Action Complaint filed by Walter Chow. (Blankinship, D.) |
| Filing 71 Letter MOTION for pre motion conference for Defendants to File a Motion to Strike Plaintiff's Class Allegations by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Ross, David) |
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RE-SCHEDULING ORDER: The status conference set for 10/6/2020 is hereby adjourned to 2/10/2021 at 10:00 AM in Courtroom 324 North before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/30/2020. (Altreuter, Sylvia)
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| Filing 70 RESPONSE in Opposition re #68 MOTION for Leave to File Document Amended Class Action Complaint filed by All Defendants. (Ross, David) |
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Filing 69
MEMORANDUM and ORDER: Defendants motion #36 is denied. Ordered by Judge Frederic Block on 9/25/2020. (Innelli, Michael)
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| Filing 68 MOTION for Leave to File Document Amended Class Action Complaint by Walter Chow. (Attachments: #1 Memorandum in Support of Plaintiffs Motion For Leave To File Amended Class Action Complaint, #2 Declaration of John Sardesai-Grant in Support of Plaintiffs Motion For Leave To File Amended Class Action Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 E) (Sardesai-Grant, John) (Main Document 68 replaced on 10/13/2020) (Lee, Tiffeny). (Attachment 1 replaced on 10/13/2020) (Lee, Tiffeny). (Attachment 2 replaced on 10/13/2020) (Lee, Tiffeny). (Attachment 3 replaced on 10/13/2020) (Lee, Tiffeny). (Attachment 4 replaced on 10/13/2020) (Lee, Tiffeny). (Attachment 7 replaced on 10/13/2020) (Lee, Tiffeny). (Attachment 5 replaced on 11/19/2020) (Nanry, Jennifer). (Attachment 6 replaced on 11/19/2020) (Nanry, Jennifer). (Attachment 5 replaced on 11/24/2020) (Lee, Tiffeny). |
| Filing 67 RESPONSE in Opposition re #66 Letter MOTION to Compel Production of Unredacted Documents filed by All Defendants. (Ross, David) |
| Filing 66 Letter MOTION to Compel Production of Unredacted Documents by Walter Chow. (Attachments: #1 Exhibit 1 - Defendants' Redaction Log, #2 Exhibit 2 - Redacted Operating Agreement of Shorefront Operating LLC, #3 Exhibit 3 - Redacted Financial Report for Shorefront Operating LLC, #4 Exhibit 4 - Redacted Balance Sheets for Shorefront Operating LLC, #5 Exhibit 5 - Redacted Admission Reports - TO BE FILED UNDER SEAL) (Blankinship, D.) |
| Filing 65 MOTION for Leave to Electronically File Document under Seal by Walter Chow. (Attachments: #1 Exhibit 5) (Blankinship, D.) |
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ORDER: The Motion for extension of discovery #64 is granted in part. The deadline for the close of fact discovery is extended to 12/7/2020, the deadline for the close of all discovery is extended to 1/28/2021, and the deadline to take the first step in dispositive motion practice is extended to 2/25/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/25/2020. (Altreuter, Sylvia)
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| Filing 64 Letter Motion for extension of discovery Letter to Magistrate Judge Sanket J. Bulsara by Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick (Semlies, Lori) (modified to motion for extension of discovery) Modified on 8/25/2020 (Altreuter, Sylvia). |
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ORDER: The motion for leave to file a motion to compel #63 is granted. Plaintiff shall file a motion no longer than 3 pages by 8/28/2020. The motion should include no more than 4 examples of documents that Plaintiff wishes to unredact. Defendants shall respond to the motion by 9/4/2020. The response should be no longer than 3 pages and provide specific bases for the redactions in the example documents cited by Plaintiff in his motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/20/2020. (Altreuter, Sylvia)
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| Filing 63 Letter MOTION for Leave to File Document Motion to Compel Discovery by Walter Chow. (Blankinship, D.) |
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Filing 62
ORDER: For the reasons stated in the attached order, the motion for reconsideration #56 and motion for leave #57 are denied. However, because it is appropriate to permit some discovery beyond the time-period of Chow's residency at the Facility - if only because it is relevant to Chow's treatment during the time he was at the facility - the Court orders that the time-frame of the 30(b)(6) deposition be extended for 1 year, i.e. to August 2017, and Defendants be required to produce documents for a year period beyond his departure. This time-frame extension applies only to those items that were the subject of the original motions to compel, see Docket Nos. #43 and #45 . No other aspect of the prior rulings is affected by this Order. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/21/2020. (Guo, Alicia)
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference scheduled for 9/29/2020 is hereby adjourned to 10/6/2020 at 10:00 AM before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/17/2020. (Guo, Alicia)
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| Filing 61 REPLY in Support re #57 Letter MOTION for Leave to File Document filed by Walter Chow. (Attachments: # 1 Exhibit A) (Sardesai-Grant, John) |
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ORDER: Plaintiff has filed an impermissible reply brief. "Replies are not permitted on letter motions." See Individual Practices of Magistrate Judge Sanket J. Bulsara, IV.B. Dkt. No. 61 is hereby stricken from the record. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/26/2020. (Guo, Alicia)
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| Filing 60 RESPONSE in Opposition re #57 Letter MOTION for Leave to File Document filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Ross, David) |
| Filing 59 RESPONSE in Opposition re #56 Notice of MOTION for Reconsideration re #54 Order on Motion to Compel,,, #55 Order on Motion to Compel filed by All Defendants. (Ross, David) |
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RE-SCHEDULING ORDER: The Status Conference scheduled for 7/3/2020 is hereby adjourned to 9/29/2020 at 10:00 AM before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/24/2020. (Guo, Alicia)
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ORDER: The Letter Motion for Extension of Time to Complete Discovery #58 is granted. The deadline to complete fact discovery is extended to 10/5/2020; the deadline to complete all discovery is extended to 11/4/2020; and the deadline to take the first step in dispositive motion practice is extended to 12/4/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/21/2020. (Guo, Alicia)
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| Filing 58 Letter to Judge Bulsara by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick (Semlies, Lori) (Modified on 6/21/2020 to reflect correct filing) (Guo, Alicia). |
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ORDER: Defendants are directed to respond to Plaintiff's motion for reconsideration by 6/25/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/18/2020. (Guo, Alicia)
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| Filing 57 Letter MOTION for Leave to File Document by Walter Chow. (Sardesai-Grant, John) |
| Filing 56 Notice of MOTION for Reconsideration re #54 Order on Motion to Compel,,, #55 Order on Motion to Compel by Walter Chow. (Attachments: #1 Memorandum in Support Memorandum in Support) (Sardesai-Grant, John) |
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ORDER: Plaintiff has filed a motion to compel asking this Court to enter an ESI protocol. Defendants respond by noting that they are willing to discuss entry of an ESI protocol after reopening following abatement of COVID-19. The motion is denied without prejudice to renewal. The parties are directed to meet and confer about the need for and the parameters of any ESI protocol. Should Plaintiff refile the motion to compel, it must explain why such a protocol is necessary, in light of the production and discovery that has been provided to date. The parties should have discussed an ESI protocol at the outset of the case; to the extent that Defendants were not discussing the protocol with Plaintiff at the time initial disclosures were made, Plaintiff should have moved for relief at that time. An initial conference was held on September 5, 2019. The deadline for completion of Rule 26(a) initial disclosures was August 29, 2019. (Dkt. No. 26). To the extent ESI was an issue or a protocol was necessary it should have been discussed between the parties and appropriate motions should have been filed long ago. See FRCP 26(a)(1)(A)(ii) ("Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties: a copy--or a description by category and location--of all documents, electronically stored information, and tangible things[.]"); see also FRCP 26(f)(3)(C) ("A discovery plan must state the parties' views and proposals on any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced[.]"). Plaintiff has waited nearly 10 months to raise the ESI issue. At this stage of the case, the Court will not require entry of an ESI protocol solely for the sake of entering an ESI protocol -- one will be entered if tailored to the current parameters in the case and if there is some established need for electronic discovery protocols. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/11/2020. (Guo, Alicia)
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Filing 55
ORDER: For the reasons stated in the attached order, the Motion to Compel #49 is granted in part and denied in part as indicated herein. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/5/2020. (Guo, Alicia)
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Filing 54
ORDER: For the reasons stated in the attached order, the Motions to Compel #43 and #45 are denied. Because the parties have been unable to work cooperatively and have filed motions that largely have been denied, neither party may file a motion to compel without obtaining leave of Court. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/3/2020. (Guo, Alicia)
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| Filing 53 RESPONSE to Motion re #50 Letter MOTION for Discovery for Entry of Proposed ESI Protocol filed by All Defendants. (Attachments: #1 Exhibit 1) (Ross, David) |
| Filing 52 RESPONSE to Motion re #49 Letter MOTION to Compel Responses to Discovery Requests Served on Individual Defendants filed by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, Bruscha Singer, Joel Zupnick. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Ross, David) |
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Filing 51
ORDER: For the reasons stated in the attached order, the motion to compel #40 is granted. Because the parties appear to resort to motion practice (and repetitive motion practice at that) as a default means of resolving disputes rather than taking the meet and confer requirement seriously, neither side may file any discovery motion without first obtaining leave of Court. Leave may be sought by submission of a letter not to exceed 1 page. Furthermore, leave may not be sought without first conducting an in-person or video-based meet and confer, consistent with this Court's Individual Practices. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/29/2020. (Guo, Alicia)
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| Filing 50 Letter MOTION for Discovery for Entry of Proposed ESI Protocol by Walter Chow. (Attachments: #1 Exhibit A - Chow v. SentosaCare - Proposed Stipulated ESI Protocol Submitted to Defendants, #2 Exhibit B - 2020-03-02 Email to Defendants Attaching Proposed Stipulated ESI Protocol, #3 Exhibit C - 2020-04-08 Email to Defendants Attaching Proposed Stipulated ESI Protocol, #4 Exhibit D - 2020-04-14 Email Exchange Regarding Proposed Stipulated ESI Protocol, #5 Exhibit E - 2020-05-23 Email to Defendants Regarding Meet and Confer) (Sardesai-Grant, John) |
| Filing 49 Letter MOTION to Compel Responses to Discovery Requests Served on Individual Defendants by Walter Chow. (Attachments: #1 Exhibit A - Requests for Production to Individual Defendants, #2 Exhibit B - Interrogatories to Individual Defendants, #3 Exhibit C - Responses to Requests for Production to Individual Defendants, #4 Exhibit D - Responses to Interrogatories to Individual Defendants, #5 Exhibit E - 2020-05-23 Email to Defendants Regarding Meet and Confer, #6 Exhibit F - 2020-05-26 Email from Defendants Regarding Meet and Confer) (Sardesai-Grant, John) |
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ORDER: The Motion for Extension of Time to Complete Discovery #48 is granted. The deadline to complete fact discovery is extended to 8/3/2020. The deadline to complete all discovery is extended to 10/1/2020. The deadline to take the first step in dispositive motion practice is extended to 11/4/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/22/2020. (Guo, Alicia)
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| Filing 48 Joint MOTION for Extension of Time to Complete Discovery by Walter Chow. (Blankinship, D.) |
| Filing 47 RESPONSE to Motion re #45 Letter MOTION to Compel Responses to Second Requests for Production filed by Shorefront Operating, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Ross, David) |
| Filing 46 Consent MOTION for Extension of Time to File Response/Reply as to #45 Letter MOTION to Compel Responses to Second Requests for Production by Shorefront Operating, LLC. (Ross, David) |
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ORDER: The Motion for Extension of Time to File Response/Reply #46 is granted. Any response to Plaintiff's motion to compel #45 must be filed by 4/10/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/3/2020. (Guo, Alicia)
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| Filing 45 Letter MOTION to Compel Responses to Second Requests for Production by Walter Chow. (Attachments: #1 Exhibit A-2020-01-31 Plaintiff's Second RFPs to Shorefront Operating LLC, #2 Exhibit B-2020-03-06 Defendant's Response to Plaintiff's Second RFPs to Shorefront Operating LLC, #3 Exhibit C-2020-03-09 Email to Defendant Requesting Meet and Confer, #4 Exhibit D-2020-03-31 Email to Defendant re Meet and Confers, #5 Exhibit E-2019-09-04 Plaintiff's Letter to Defendants re Preservation, #6 Exhibit F- 2019-09-13 Defendants' Letter to Plaintiff re Preservation, #7 Exhibit G-2019-10-02 Plaintiff's Letter to Defendants re Preservation, #8 Exhibit H-2019-09-04 Plaintiff's First RFPs to Shorefront Operating LLC, #9 Exhibit I-2019-10-11 Defendant Shorefront Operating LLC's Response to Plaintiff's First RFPs) (Blankinship, D.) |
| Filing 44 RESPONSE to Motion re #43 Letter MOTION to Compel and for Sanctions filed by Shorefront Operating, LLC. (Ross, David) |
| Filing 43 Letter MOTION to Compel and for Sanctions by Walter Chow. (Attachments: #1 Exhibit A-Plaintiff's 30b6 Deposition Notice to Shorefront Operating LLC, #2 Exhibit B-Defendant's Response to 30b6 Notice, #3 Exhibit C-Jan 28, 2020 to Feb 21, 2020 Email Chain, #4 Exhibit D-Feb 22, 2020 Email from Defendant, #5 Exhibit E-Feb 23, 2020 Email from Plaintiff, #6 Exhibit F- Feb 22, 2020 to Feb 26, 2020 Email Chain, #7 Exhibit G-Feb 22, 2020 to Mar 4, 2020 Email Chain) (Blankinship, D.) |
| Filing 42 RESPONSE to Motion re #40 Letter MOTION to Compel filed by Walter Chow. (Attachments: #1 Exhibit A-October 2019 Email Exchange Regarding Deposition of Walter Chow, #2 Exhibit B-Defendants' Civil Cover Sheet, #3 Exhibit C- Defendants' Notice of Removal, #4 Exhibit D-So-Ordered HIPAA Confidentiality Order) (Sardesai-Grant, John) |
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ORDER: The Motion for Extension of Time to File Response/Reply #41 is granted. Any response to the motion to compel #40 must be filed by 2/21/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/14/2020. (Guo, Alicia)
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| Filing 41 MOTION for Extension of Time to File Response/Reply as to #40 Letter MOTION to Compel by Walter Chow. (Sardesai-Grant, John) |
| Filing 40 Letter MOTION to Compel by Shorefront Operating, LLC. (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) (Ross, David) |
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Filing 39
ORDER: For the reasons stated in the attached order, the Motion to Bifurcate #30 and Motion to Compel #37 are denied. Discovery shall proceed on class basis. A "trifurcation," i.e. separation of class certification and class merits discovery shall not be permitted. As such, discovery shall be completed in a single phase without bifurcation. Discovery requests may be re-served consistent with this opinion, and the Defendants may respond, and object on bases and in a manner provided for by the Rules of Civil Procedure. The Court will, should the parties not reach a sensible agreement on the scope of class discovery, impose appropriate limits and may impose sanctions as appropriate. The current discovery schedule shall remain in place, unless extension is sought based on good cause. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/23/2020. (Guo, Alicia)
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| Filing 38 RESPONSE in Opposition re #37 Letter MOTION to Compel filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Ross, David) |
| Filing 37 Letter MOTION to Compel by Walter Chow. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 D) (Blankinship, D.) |
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RE-SCHEDULING ORDER: The Status Conference scheduled for 12/16/2019 is hereby adjourned to 7/3/2020 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/15/2019. (Guo, Alicia)
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| Filing 36 Fully Briefed MOTION to Dismiss for Failure to State a Claim by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Memorandum in Opposition, #4 Declaration in Support of Opposition, #5 Exhibit A-H to Plaintiff's Opposition, #6 Memorandum in Support in Reply to Support Motion to Dismiss) (Ross, David) |
| Filing 35 AFFIDAVIT/DECLARATION in Opposition re #30 MOTION to Bifurcate filed by Walter Chow. (Attachments: #1 Exhibit A, #2 Exhibit B) (Blankinship, D.) |
| Filing 34 MEMORANDUM in Opposition re #30 MOTION to Bifurcate filed by Walter Chow. (Blankinship, D.) |
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ORDER: The Motion for Extension of Time to File #33 is granted. The deadline to file an opposition to the motion to bifurcate is extended to 11/01/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/18/2019. (Guo, Alicia)
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| Filing 33 MOTION for Extension of Time to File Opposition to Defendants Motion to Bifurcate Discovery by Walter Chow. (Blankinship, D.) |
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Filing 32
ORDER: The parties' joint letter to approve their stipulated protective order #31 is granted. To the extent that any portion of the protective order is inconsistent with this Court's procedures for sealing documents or the standards governing the ability of this Court to permit the sealing of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/17/2019. (Guo, Alicia)
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| Filing 31 Joint MOTION for Protective Order by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Proposed Order) (Ross, David) |
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ORDER: The Court clarifies that the deadline to file an opposition to the motion to bifurcate is due by 10/25/2019, not 10/15/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/10/2019. (Manson, Eddie) .
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ORDER: Defendants' request for oral argument on the motion to bifurcate discovery #30 is denied. The Court will decide the pending motion on the papers submitted and responses timely filed. Any response to the motion to bifurcate shall be filed by 10/15/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/8/2019. (Guo, Alicia)
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| Filing 30 MOTION to Bifurcate by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Ross, David) |
| Motions terminated, docketed incorrectly: #29 Notice of MOTION to Dismiss for Failure to State a Claim. MOTIONS ARE TO BE FILED ONCE FULLY BRIEFED AND ACCORDING TO COUNSELS BRIEFING SCHEDULE THAT WOULD BE NOVEMBER 4, 2019.COUNSEL SHOULD REVIEW J. BLOCK'S MOTION RULES LOCATED ON THE COURT'S WEBSITE. (Innelli, Michael) |
| Filing 29 Notice of MOTION to Dismiss for Failure to State a Claim and for Lack of Subject-Matter Jurisdiction by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Ross, David) |
| Filing 28 Letter Advising the Court of the Parties' Agreed Motion to Dismiss Briefing Schedule (September 20, 2019 Motion Filing; October 21, 2019 Opposition Filing; November 4, 2019 Reply Filing) by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick (Ross, David) |
| Filing 27 Letter Advising Court Defendants will Pursue Motion to Dismiss by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick (Ross, David) |
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Filing 26
Minute Entry and Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 9/5/2019. Counsel for both parties were present. The parties shall submit a joint certification that discovery has been completed by 7/3/2020. Other deadlines set based on parties' submitted joint discovery worksheet are reflected in the attached order. An in person status conference will take place on 12/16/2019 at 4:00 P.M. Courtroom 324N before Magistrate Judge Sanket J. Bulsara. Any motion to stay or bifurcate class and individual plaintiff discovery shall be filed by 10/4/2019. Any response to the motion shall be filed by 10/25/2019; replies are not permitted. Each side may file briefs not to exceed ten (10) pages. So Ordered by Magistrate Judge Sanket J. Bulsara. (FTR Log #12:43-1:09.) (Manson, Eddie)
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| Minute Entry for proceedings held before Judge Frederic Block: Greg Blankinship, Esq., John Sardesai-Grant, Esq. and William Terrell, Esq. for the plaintiff and Lori Semlies, Esq. for the defendants, all present. Pre-motion conference held on 9/5/2019. Defendants anticipated motion to dismiss was discussed. By September 12, 2019 the defendant will notify the Court by letter whether they still wish to pursue their motion and if so, by September 20, 2019 counsel shall ECF file a letter with their agreed upon briefing schedule. Counsel shall serve and ECF file their fully briefed motion according to J. Blocks motion rules. (Court Reporter: Not Reported) (Innelli, Michael) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting (Sardesai-Grant, John) |
| Filing 24 NOTICE of Appearance by William Scott Terrell, III on behalf of Walter Chow (aty to be noticed) (Terrell, William) |
| Filing 23 NOTICE of Appearance by John Dominic Sardesai-Grant on behalf of Walter Chow (aty to be noticed) (Sardesai-Grant, John) |
| Filing 22 REPORT of Rule 26(f) Planning Meeting (Blankinship, D.) |
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ORDER: The motion to adjourn #21 is granted. The initial conference scheduled for 8/30/2019 is hereby adjourned to 9/5/2019 at 12:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/14/2019. (Murphy, Colleen)
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| Filing 21 Joint MOTION to Adjourn Conference scheduled for August 30, 2019 before Judge Bulsara by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Ross, David) |
| Filing 20 NOTICE of Appearance by David Ross on behalf of All Defendants (aty to be noticed) (Ross, David) |
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ORDER: The motion of David M. Ross for leave to appear pro hac vice #19 is granted. The attorney shall register for ECF, which 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 is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/9/2019. (Murphy, Colleen)
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| Filing 19 Consent MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11743902. by Shaindy Berko, Rochel David, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Declaration, #2 Proposed Order) (Ross, David) |
| Filing 18 NOTICE of Appearance by D. Greg Blankinship on behalf of Walter Chow (aty to be noticed) (Blankinship, D.) |
| Motions terminated, docketed incorrectly: #17 MOTION to Dismiss amended complaint. The parties are directed to review J. Block's motion rules which require a pre-motion conference before any dispositive motions are served and filed. J. Block's motion rules are located on the Court's website. Motion should be filed once fully briefed. (Innelli, Michael) |
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SCHEDULING ORDER: Defendant's supplemental letter application #16 dated 7/26/19 is GRANTED and will be discussed at the pre-motion conference scheduled on September 5, 2019 @ 11:00AM. Ordered by Judge Frederic Block on 7/29/2019. (Innelli, Michael)
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| Filing 17 MOTION to Dismiss amended complaint by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Memorandum in Support) (Semlies, Lori) |
| Filing 16 Supplemental MOTION for pre motion conference by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Semlies, Lori) |
| Filing 15 APPLICATION #13 for Refund of Fees Paid Electronically APPROVED by August Marziliano, Operations Manager 7/18/2019. (Marziliano, August) |
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ORDER: The motion to substitute #14 is granted. Attorney Lori Semlies is hereby substituted for Attorney Christina Marshall as counsel for Defendants. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/18/2019. (Murphy, Colleen)
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| Filing 14 CASE MANAGEMENT STATEMENT Letter request to substitute handling attorney in CM/ECF (Semlies, Lori) |
| Filing 13 First MOTION for Refund of Fees Paid Electronically mistake filing - both receipts attached by SentosaCare, LLC. (Marshall, Christina) |
| Filing 12 AMENDED COMPLAINT against Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick, filed by Walter Chow. (Attachments: #1 Exhibit 1- CMS Nursing Home Profile, #2 Exhibit 2-NYS Health Profile_ Seagate Rehabilitation and Nursing Center, #3 Exhibit 3-Letters of Administration, #4 Exhibit 4- PHHPC Memo re Change in Ownership, #5 Exhibit 5-PHHPC Memo re Project 152177-E, #6 Exhibit 6- NYS eCON - Summary for Sale of Facility, #7 Exhibit 7- ProPublica Article, #8 Exhibit 8-Historical CMS Ratings) (Frei-Pearson, Jeremiah) |
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Filing 11
ELECTRONIC ORDER: Defendant's letter application #8 dated 6/21/19 is GRANTED. A pre motion conference is scheduled on September 5, 2019 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 7/10/2019. (Innelli, Michael)
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| Filing 10 RESPONSE in Opposition re #8 MOTION for pre motion conference filed by Walter Chow. (Frei-Pearson, Jeremiah) |
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Filing 9
SCHEDULING ORDER: An in-person initial conference will be held at 11:30 A.M. on 8/30/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Counsel also directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 8/30/2019. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/25/2019. (Manson, Eddie)
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| Filing 8 MOTION for pre motion conference by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Exhibit S&C) (Marshall, Christina) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss filed by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Attachments: #1 Exhibit A- S&C) (Marshall, Christina) |
| Filing 6 MOTION to Dismiss by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. (Marshall, Christina) |
| Motions terminated, docketed incorrectly: #6 MOTION to Dismiss. The parties are directed to review J. Block's motion rules which require a pre-motion conference before any dispositive motions are served and filed. J. Block's motion rules are located on the Court's website (Innelli, Michael) |
| Filing 5 EXHIBIT C by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick. Related document: #1 Notice of Removal, filed by Joel Zupnick, Deena Landra, Esther Farkovitz, Shorefront Operating, LLC, Shaindy Berko, Leah Friedman, Berish Rubenstein, Bruscha Singer, David Rubenstein, Walter Chow, Shorefront Realty, LLC, Does 1-25, SentosaCare, LLC, Avi Philpson, Rochel David. (Marshall, Christina) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. by Shaindy Berko, Rochel David, Does 1-25, Esther Farkovitz, Leah Friedman, Deena Landra, Avi Philpson, Berish Rubenstein, David Rubenstein, SentosaCare, LLC, Shorefront Operating, LLC, Shorefront Realty, LLC, Bruscha Singer, Joel Zupnick (Marshall, Christina) |
| Case assigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| NOTICE: The parties are directed to review J. Block's motion rules which require a pre-motion conference before any dispositive motions are served and filed. J. Block's motion rules are located on the Court's website. (Innelli, Michael) |
| NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Kings County Supreme Court, case number 523769/2018. ( Filing fee $ 400 receipt number BNYEDC-11578581) (Attachments: #1 Exhibit complaint, #2 Proposed Findings of Fact and Conclusions of Law Notice of Filing of Removal, #3 Civil Cover Sheet) (Marshall, Christina) |
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