K.M. v. Northwell Health, Inc.
| K. M. and Kathyann Mclendon |
| Northwell Health Inc. |
| 1:2024cv00267 |
| January 11, 2024 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Gary R Brown |
| Sanket J Bulsara |
| Lee G Dunst |
| Dora Lizette Irizarry |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.
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ORDER entered in case 23-cv-7205 granting 14 Motion to Consolidate Cases. Consistent with this Court's Electronic Order dated January 12, 2024, plaintiffs' unopposed motion to consolidate is GRANTED and the proposed order (DE 14-1) is hereby So Ordered. The Clerk of the Court is respectfully directed to consolidate this matter with 24-CV-267 and designate this matter as the LEAD case. So Ordered by Judge Gary R. Brown on 2/14/2024. (GO)
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| Cases associated., Case Consolidated. (GO) |
| Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (GO) |
| Filing 34 NOTICE of Appearance by Dylan J. Gould on behalf of Kathyann Mclendon (notification declined or already on case) (Gould, Dylan) |
| Filing 33 NOTICE of Appearance by Terence Coates on behalf of Kathyann Mclendon (notification declined or already on case) (Coates, Terence) |
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ORDER granting #32 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE #32 ) submitted by Terence R. Coates for Plaintiff Kathyann McLendon and found it in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. Ordered by Magistrate Judge Lee G. Dunst on 1/25/2024. (SBE)
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| Filing 32 Amended MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17496309 by Kathyann Mclendon. (Attachments: #1 Affidavit in Support of Terence R. Coates with Certificate of Good Standing Annexed) (Coates, Terence) |
| Filing 31 NOTICE of Appearance by Gary M. Klinger on behalf of Kathyann Mclendon (notification declined or already on case) (Klinger, Gary) |
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ORDER denying #29 Motion for Leave to Appear Pro Hac Vice. The Pro Hac Vice application (DE #29 ) submitted by Terence R. Coates for Plaintiff Kathyann McLendon is DENIED for failure to submit a Certificate of Good Standing for each state in which counsel is admitted to. See Local Civil Rule 1.3(c). Ordered by Magistrate Judge Lee G. Dunst on 1/24/2024. (SBE)
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ORDER granting #30 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE #30 ) submitted by Dylan J. Gould for Plaintiff Kathyann McLendon and found it in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. Ordered by Magistrate Judge Lee G. Dunst on 1/24/2024. (SBE)
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STATUS REPORT ORDER. The parties shall submit a joint status report due by 2/9/2024. Ordered by Magistrate Judge Lee G. Dunst on 1/24/2024. (SBE)
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ORDER granting #28 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application (DE #28 ) submitted by Gary M. Klinger for Plaintiff Kathyann McLendon and found it in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. Ordered by Magistrate Judge Lee G. Dunst on 1/24/2024. (SBE)
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| Filing 30 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17491375 by Kathyann Mclendon. (Attachments: #1 Affidavit in Support of Dylan J. Gould, with Certificate of Good Standing Annexed) (Gould, Dylan) |
| Filing 29 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17491254 by Kathyann Mclendon. (Attachments: #1 Affidavit in Support of Terence R. Coates) (Coates, Terence) |
| Filing 28 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17490960 by Kathyann Mclendon. (Klinger, Gary) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst for all further proceedings (case related to 23-cv-7205) Judge Dora Lizette Irizarry, Magistrate Judge Sanket J. Bulsara no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 1/23/2024. Motions referred to Lee G. Dunst. (AF)
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ORDER: The motion to adjourn pending deadlines #27 is granted. The initial conference scheduled for 2/9/2024 is hereby adjourned sine die. The Rule 26(f) Report due by 2/7/2024 is also adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/23/2024. (AL)
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| Filing 27 Joint MOTION to Adjourn Conference by Northwell Health Inc.. (Conniff, Christopher) |
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SCHEDULING ORDER: A telephonic initial conference will be held at 2:00 P.M. on 2/9/2024 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. Plaintiff is directed to notify defendant of this scheduling order at the time defendant makes an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 2/7/2024. 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 1/16/2024. (AL)
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| Filing 26 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Filing 25 Case transferred in from District of New York Southern; Case Number 1:23-cv-08407. Original file certified copy of transfer order and docket sheet received. |
| The case of K.M. v. Northwell Health, Inc., has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-267. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/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. (AF) |
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Filing 24
MEMO ENDORSEMENT granting #21 Motion to Transfer Case. ENDORSEMENT: The unopposed motion is GRANTED and the Clerk of Court is directed to transfer this case to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1404(a). SO ORDERED. (Signed by Judge Lewis J. Liman on 1/11/2024) (tg) [Transferred from New York Southern on 1/12/2024.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 1/12/2024.] |
| Filing 23 DECLARATION of Christopher P. Conniff in Support re: #21 MOTION to Transfer Case Unopposed Motion to Transfer Venue.. Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 1/12/2024.] |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Transfer Case Unopposed Motion to Transfer Venue. . Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 1/12/2024.] |
| Filing 21 MOTION to Transfer Case Unopposed Motion to Transfer Venue. Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 1/12/2024.] |
| Filing 20 NOTICE of Unopposed Motion to Transfer Venue. Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 1/12/2024.] |
| Filing 19 MOTION for Kathryn Caldwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28790316. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Northwell Health, Inc...(Caldwell, Kathryn) [Transferred from New York Southern on 1/12/2024.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Kathryn Caldwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28790316. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) [Transferred from New York Southern on 1/12/2024.] |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer (Unopposed) addressed to Judge Lewis J. Liman from Christopher P. Conniff dated January 8, 2024.. All Defendants (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) [Transferred from New York Southern on 1/12/2024.]
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| Filing 17 LETTER MOTION for Extension of Time to File Answer (Unopposed) addressed to Judge Lewis J. Liman from Christopher P. Conniff dated January 8, 2024. Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 1/12/2024.] |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Northwell Health, Inc. served on 12/21/2023, answer due 1/11/2024. Service was accepted by Lisa Fregoe, Legal Assistant. Document filed by Kathyann Mclendon..(Coates, Terence) [Transferred from New York Southern on 1/12/2024.] |
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Filing 15
ORDER granting #11 Motion for Dylan J. Gould to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (bts) [Transferred from New York Southern on 1/12/2024.]
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Northwell Health, Inc...(jgo) [Transferred from New York Southern on 1/12/2024.] |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Northwell Health, Inc., re: #12 Amended Complaint. Document filed by Kathyann Mclendon..(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
| Filing 12 FIRST AMENDED COMPLAINT amending #1 Complaint against Northwell Health, Inc. with JURY DEMAND.Document filed by Kathyann Mclendon. Related document: #1 Complaint..(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
| Filing 11 MOTION for Dylan James Gould to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28699405. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by K. M.. (Attachments: #1 Affidavit of Dylan J. Gould in Support of his Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing from the Supreme Court of Ohio, #3 Proposed Order for Admission Pro Hac Vice).(Gould, Dylan) [Transferred from New York Southern on 1/12/2024.] |
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Filing 10
ORDER granting #9 Motion for Terence Coates to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (bts) [Transferred from New York Southern on 1/12/2024.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Dylan James Gould to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28699405. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) [Transferred from New York Southern on 1/12/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Douglas H Sanders to RE-FILE re: Document No. #7 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) [Transferred from New York Southern on 1/12/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas H Sanders to RE-FILE Document No. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) [Transferred from New York Southern on 1/12/2024.] |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Kathyann Mclendon added. Party added pursuant to #7 Amended Complaint,.Document filed by Kathyann Mclendon. Related document: #7 Amended Complaint,..(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
| Filing 9 MOTION for Terence Richard Coates to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28694996. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by K. M.. (Attachments: #1 Affidavit of Terence R. Coates in Support of his Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing from the Supreme Court of Ohio, #3 Proposed Order for Admission Pro Hac Vice).(Coates, Terence) [Transferred from New York Southern on 1/12/2024.] |
| Filing 8 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Northwell Health, Inc., re: #7 Amended Complaint. Document filed by K. M...(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Northwell Health, Inc. with JURY DEMAND.Document filed by K. M.. Related document: #1 Complaint..(Sanders, Douglas) Modified on 12/15/2023 (vf). [Transferred from New York Southern on 1/12/2024.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Terence Richard Coates to Appear Pro Hac Vice for Plaintiff. Filing fee $ 200.00, receipt number ANYSDC-28694996. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) [Transferred from New York Southern on 1/12/2024.] |
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Filing 6
MEMORANDUM AND ORDER: denying #5 Letter Motion for Leave to File Document. Plaintiff K.M. moves, by letter motion, for an order to be permitted to file this complaint and prosecute the action with a pseudonym instead of her proper name. Dkt. No. 5. The motion is denied. Dkt. No. 5. and as set forth herein. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/10/2023) (ama) [Transferred from New York Southern on 1/12/2024.]
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| Filing 5 LETTER MOTION for Leave to File to Proceed Anonymously addressed to Judge Lewis J. Liman from Douglas H. Sanders dated October 6, 2023. Document filed by K. M...(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
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Filing 4
ORDER: Plaintiff K. M. filed an anonymous Complaint, Dkt. No. 1, without leave of the Court to do so. Plaintiff is directed to file a letter motion by Friday, October 8, 2023, explaining why she should be permitted to proceed anonymously. See Doe v. Brisam Clinton LLC, 2023 WL 3505523 (S.D.N.Y. May 17, 2023); Doe v. N.Y.C. Hous. Auth., 2022 WL 2072570 (S.D.N.Y. June 9, 2022). A summons shall not issue in this case until the Court has ruled on that letter motion. SO ORDERED. ( Motions due by 10/8/2023.) (Signed by Judge Lewis J. Liman on 9/29/2023) (vfr) [Transferred from New York Southern on 1/12/2024.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 1/12/2024.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 1/12/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Douglas H Sanders. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000; County code Nassau;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000; the County code has been modified to Queens;. (pc) [Transferred from New York Southern on 1/12/2024.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 1/12/2024.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Northwell Health, Inc., re: #1 Complaint. Document filed by K. M...(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
| Filing 1 COMPLAINT against Northwell Health, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28327703)Document filed by K. M...(Sanders, Douglas) [Transferred from New York Southern on 1/12/2024.] |
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