Onsite Lifecare, Inc. v. Option Care Enterprises, Inc.
| Onsite Lifecare, Inc. |
| Option Care Enterprises, Inc. |
| 1:2022cv03966 |
| July 6, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Contract: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on August 25, 2022. A more recent docket listing may be available from PACER.
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ORDER granting #29 Motion to Adjourn Conference. The plaintiff must file its opposition to the defendant's #28 letter motion for a pre-motion conference by October 24, 2022. Ordered by Judge Ann M. Donnelly on 8/25/2022. (Jones, Jenna)
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ORDER: The motion to adjourn #29 is granted. The telephonic initial conference originally scheduled for 8/26/2022 is hereby adjourned to 10/27/2022 at 2:00 P.M. 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. Counsel are directed to complete the Rule 26(f) Report #26 and electronically file same with the Court no later than 10/25/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/25/2022. (Morrow, Emily)
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| Filing 29 Letter MOTION to Adjourn Conference by Option Care Enterprises, Inc.. (Moran, Eric) |
| Filing 28 Letter MOTION for pre motion conference in anticipation of filing a pre-Answer motion to dismiss the Complaint by Option Care Enterprises, Inc.. (Moran, Eric) |
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ORDER. The Court is in receipt of #27 Option Care Enterprises, Inc.'s letter. Option Care is directed to file a letter motion for a pre-motion conference consistent with Rule 4.A of my Individual Rules. Ordered by Judge Ann M. Donnelly on 8/15/2022. (Jones, Jenna)
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| Filing 27 Letter From Eric W. Moran to the Hon. Ann M. Donnelly, Dated August 12, 2022, Seeking Clarification on Procedural Matter by Option Care Enterprises, Inc. (Moran, Eric) |
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Filing 26
RE-SCHEDULING ORDER: The initial conference originally scheduled for 10/14/2022 will now take place on 8/26/2022 at 10:30 A.M. 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. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 8/24/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. The Court will discuss the parameters of a settlement conference as the initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/25/2022. (Manson, Eddie)
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| Minute Entry for proceedings held before Judge Ann M. Donnelly: Motion Hearing held on 7/25/2022 re #11 Emergency MOTION for Temporary Restraining Order By Order to Show Cause filed by Onsite Lifecare, Inc. Justin Kelton and Mordecai Geisler appeared for the plaintiff. Eric Moran and Lori Medley appeared for the defendant. Case called. Discussion held.The Court dissolved the Temporary Restraining Order issued on July 12, 2022, but directed the defendant not to violate the non-solicitation provision of the Provider Agreement. The parties expressed interest in settlement. Magistrate Judge Bulsara has scheduled an August 26, 2022 conference with the parties. The parties are directed to file a joint status report by September 26, 2022. (Court Reporter Anthony Frisolone.) (Jones, Jenna) |
| Filing 25 Letter to disregard Dock. No. 22 by Onsite Lifecare, Inc. (Small, Amanda) |
| Filing 24 REPLY in Support re #12 Affidavit in Support of Motion,, #23 Reply in Support, #13 Affidavit in Support of Motion, #14 Memorandum in Support, Reply Memorandum of Law in Further Support filed by Onsite Lifecare, Inc.. (Small, Amanda) |
| Filing 23 REPLY in Support re #12 Affidavit in Support of Motion,, #22 Reply in Support, #13 Affidavit in Support of Motion, #14 Memorandum in Support, #10 Notice of Appearance *CORRECTED* Reply Affidavit of Dr. Djenane Bartholomew filed by Onsite Lifecare, Inc.. (Attachments: #1 Exhibit 12, #2 Exhibit 13- redacted, #3 Exhibit 14- redacted, #4 Exhibit 15- redacted) (Small, Amanda) |
| Filing 22 REPLY in Support re #12 Affidavit in Support of Motion,, #13 Affidavit in Support of Motion, #14 Memorandum in Support, Reply Affidavit of Dr. Djenane Bartholomew filed by Onsite Lifecare, Inc.. (Attachments: #1 Exhibit 12, #2 Exhibit 13 -Redacted, #3 Exhibit 14- Redacted, #4 Exhibit 15- Redacted) (Small, Amanda) |
| Filing 21 Letter MOTION to Adjourn Conference and request for an evidentiary hearing by Onsite Lifecare, Inc.. (Small, Amanda) |
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ORDER denying #21 Motion to Adjourn Conference: The parties are directed to appear in-person on July 25th, 2022 at 3:30 PM in Courtroom 4G North pursuant to my prior order #16 . At that time, the plaintiff may explain more fully why it believes an evidentiary hearing is necessary. The plaintiff's reply in further support of its Order to Show Cause is due today, July 21, 2022. Ordered by Judge Ann M. Donnelly on 7/21/2022. (Koenigsberg, Eric)
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| Filing 20 MEMORANDUM in Opposition to Motion for a Preliminary Injunction (Document No. 11) filed by Option Care Enterprises, Inc.. (Moran, Eric) |
| Filing 19 DECLARATION of Jennifer Gaskin in Opposition to Motion for Preliminary Injunction (Docket No. 11) by Option Care Enterprises, Inc. (Attachments: #1 Exhibit A - Declaration of Dr. Bartholomew, #2 Exhibit B - screen shot of Infinitys records reflecting Ms. Dolcys December 2, 2019 and July 27, 2020 interviews, #3 Exhibit C - Infinitys Activities Report for Ms. Dolcy from 1/01/2020 7/14/2022, #4 Exhibit D - mobile phones transcription of Ms. Dolcys June 13, 2022 voicemail, #5 Exhibit E - Ms. Dolcys June 14, 2022 text message, #6 Exhibit F - June 14, 2022 email, #7 Exhibit G - June 28, 2022 text message exchange, #8 Exhibit H - June 30, 2022 email and offer letter, #9 Exhibit I - July 12, 2022 missed call notice from Ms. Dolcys telephone number, #10 Exhibit J - June 13, 2022 email chain, #11 Exhibit K - June 13, 2022 10:52 a.m. text message to Mr. Lewis, #12 Exhibit L - June 13, 2022 12:54 p.m. text message exchange between Mr. Lewis and myself, #13 Exhibit M - Infinitys record setting forth the employment history provided by Mr. Lewis, #14 Exhibit N - Mr. Lewis July 1, 2022, #15 Exhibit O - transcription of the June 13, 2022 voicemail) (Moran, Eric) |
| Filing 18 DECLARATION of Sheila Iacono in Opposition to Motion for Preliminary Injunction (Docket No. 11) by Option Care Enterprises, Inc. (Attachments: #1 Exhibit A - Email from Sheila Iacono dated July 1, 2022, #2 Exhibit B - July 11, 2022 Notice of Termination) (Moran, Eric) |
| Filing 17 AFFIDAVIT/AFFIRMATION re #16 Order on Motion for TRO,, Order on Motion for Preliminary Injunction,, Order on Motion for Hearing,, Order on Motion for Extension of Time to Answer, Affidavit of Service of Order by Onsite Lifecare, Inc. (Small, Amanda) |
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Filing 16
ORDER. The plaintiff's #11 application for a temporary restraining order is granted, and the defendant's #15 motion for a hearing is granted in part and denied in part. The defendant is also granted a 30-day extension to respond to the plaintiff's complaint, and will move, answer or otherwise respond to the complaint by August 18, 2022. Ordered by Judge Ann M. Donnelly on 7/12/2022. (Greene, Donna)
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| Filing 15 Letter MOTION for Hearing re #11 Emergency MOTION for Temporary Restraining Order By Order to Show Cause MOTION for Preliminary Injunction By Order to Show Cause , Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Option Care Enterprises, Inc.. (Moran, Eric) |
| Filing 14 MEMORANDUM in Support re #12 Affidavit in Support of Motion,, #13 Affidavit in Support of Motion, #11 Emergency MOTION for Temporary Restraining Order By Order to Show Cause MOTION for Preliminary Injunction By Order to Show Cause Memorandum of Law filed by Onsite Lifecare, Inc.. (Small, Amanda) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #11 Emergency MOTION for Temporary Restraining Order By Order to Show Cause MOTION for Preliminary Injunction By Order to Show Cause Declaration of Mordecai Geisler, Esq. filed by Onsite Lifecare, Inc.. (Attachments: #1 Exhibit A) (Small, Amanda) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #11 Emergency MOTION for Temporary Restraining Order By Order to Show Cause MOTION for Preliminary Injunction By Order to Show Cause Affidavit of Dr. Djeane Bartholomew filed by Onsite Lifecare, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5- redacted, #6 Exhibit 6- redacted, #7 Exhibit 7- redacted, #8 Exhibit 8 - redacted, #9 Exhibit 9- redacted, #10 Exhibit 10- redacted, #11 Exhibit 11- redacted) (Small, Amanda) |
| Filing 11 Emergency MOTION for Temporary Restraining Order By Order to Show Cause, MOTION for Preliminary Injunction By Order to Show Cause by Onsite Lifecare, Inc.. (Small, Amanda) |
| Filing 10 NOTICE of Appearance by Mordecai Geisler on behalf of Onsite Lifecare, Inc. (aty to be noticed) (Geisler, Mordecai) |
| Filing 9 NOTICE of Appearance by Amanda P Small on behalf of All Plaintiffs (aty to be noticed) (Small, Amanda) |
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Filing 8
SCHEDULING ORDER: A telephonic initial conference will be held at 12:30 P.M. on 10/14/2022 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. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 10/12/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/8/2022. (Manson, Eddie)
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| Filing 7 NOTICE of Appearance by Eric William Moran on behalf of Option Care Enterprises, Inc. (notification declined or already on case) (Moran, Eric) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 4 NOTICE of Appearance by Lori A Medley on behalf of Option Care Enterprises, Inc. (aty to be noticed) (Medley, Lori) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| Case Assigned to Judge Ann M Donnelly 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. (Davis, Kimberly) |
| Filing 3 Corporate Disclosure Statement by Option Care Enterprises, Inc. identifying Other Affiliate Walgreens Boots Alliance, Inc., Other Affiliate Option Care Health, Inc. for Option Care Enterprises, Inc.. (Moran, Eric) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Option Care Enterprises, Inc. (Moran, Eric) |
| Filing 1 NOTICE OF REMOVAL by Option Care Enterprises, Inc. from Supreme Court, Kings County, case number 518377/2022. ( Filing fee $ 402 receipt number ANYEDC-15722654) (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Exhibit B - Notice of Filing Notice of Removal) (Moran, Eric) |
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