Carter v. Cook County Health et al
| Noel Carter |
| Cook County Health and Perry Johnson & Associates, Inc. |
| 1:2024cv00737 |
| February 16, 2024 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Rachel P Kovner |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 7, 2024, before Judge Rachel P. Kovner. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: LindaDan226@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/6/2024. Redacted Transcript Deadline set for 5/16/2024. Release of Transcript Restriction set for 7/15/2024. Associated Cases: 1:24-md-03096-RPK-LGD et al. (Danelczyk, Linda) |
MINUTE ENTRY AND ORDER: An initial status conference was held on 3/7/2024 before Judge Rachel P. Kovner and Magistrate Judge Lee G. Dunst in Courtroom 4E North. Counsel for the parties appeared in person and by Zoom. The Court set the following schedule: Leadership Selection: Applications to serve as Interim Class Counsel shall be submitted by 3/21/2024. Individual applications shall not exceed five pages and five pages of exhibits. Slate applications shall not exceed twenty pages and twenty pages of exhibits. Counsel for defendant Perry Johnson & Associates shall serve as Defendants' Liaison Counsel for all defendants except Cook County Health. Case Organizational Structure and Consolidated Complaints: Within 14 days of the appointment of Interim Class Counsel, the parties shall file a letter containing a joint or disputed organizational plan. The plan should address whether the case should be organized in "tracks" and whether there should be a single consolidated complaint or multiple consolidated complaints. The parties are encouraged to direct the Court to other cases that have used the organizational structure they are proposing. Within 45 days of the appointment of Interim Class Counsel, the plaintiffs shall file the consolidated complaint(s). Rule 12(b) Motions: Within 10 days of the filing of the consolidated complaint(s), the parties shall submit a proposed briefing schedule for any Rule 12(b) motions. The letter shall replace the pre-motion conference letter that is usually required under Judge Kovner's rules. Cook County Health's requests for a pre-motion conference and to proceed on a separate briefing schedule for its anticipated Rule 12(b)(2) motion are denied for the reasons stated on the record. Discovery: Within 30 days of the appointment of Interim Class Counsel, the parties shall file a proposed protective order and ESI protocol. Within 30 days of the filing of the consolidated complaint(s), the parties shall file a joint proposed discovery schedule. In the event that the parties do not agree on such schedule or seek to stay discovery, the parties shall submit a joint letter to Magistrate Judge Dunst pursuant to his Individual Practice Rule IV.D.1. Status Reports and Conferences: The parties shall file a monthly joint status report. The first such report is due on 4/8/2024. The Court will hold a status conference every three months. The next status conference will be held via Zoom and telephone before Judge Kovner and Judge Dunst on 6/14/2024 at 9 AM. A Zoom link will be distributed to the parties in advance of the conference, and phone dial-in information will be made available on the docket. Ordered by Judge Rachel P. Kovner on 3/7/2024. (Court Reporter: Linda Danelczyk) (XW)
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| Filing 25 Letter MOTION for pre motion conference by Cook County Health, Cook County Health & Hospital System. (Attachments: #1 Exhibit 1 - Kimber Complaint, #2 Exhibit 2 - Martin Complaint, #3 Exhibit 3 - Hubbard Affidavit) Associated Cases: 1:24-md-03096-RPK-LGD et al. (VanderWeele, Meagan) |
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ORDER: At the initial conference to be held on 3/7/2024, the Court and parties shall discuss the topics outlined in the parties' #23 joint proposed agenda. Ordered by Judge Rachel P. Kovner on 3/6/2024. (XW)
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ORDER: Parties wishing to attend the Initial Status Conference on 3/7/2024 remotely may access the proceeding using the Zoom invitation link sent to the email addresses listed on the docket. Counsel are directed to forward the Zoom link to their respective clients. The parties shall join the video call (5) minutes before the conference.To access this conference telephonically, the public can call (888) 278-0296 and type in the access code 2012636. Persons granted remote access to proceedings are reminded that photographing, recording, or rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. Ordered by Judge Rachel P. Kovner on 3/4/2024. (XW)
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Filing 24
CASE MANAGEMENT ORDER NO.1: The parties are directed to review the attached Case Management Order, which outlines the Court's preliminary rules for the process of this case. An initial status conference will be held before Judge Kovner and Magistrate Judge Dunst on 3/7/2024 at 10 AM in a hybrid format. Parties may either appear in person in Courtroom 4E-N, 225 Cadman Plaza East, Brooklyn, NY 11201; or remotely by Zoom at a link the Court will share prior to the Conference. By 2/29/2024, the parties shall submit a joint proposed agenda listing items for discussion at the Conference. Ordered by Judge Rachel P. Kovner on 2/20/2024. (XW)
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| Filing 23 Case transferred in from District of Nevada; Case Number 2:23-cv-01866. Original file certified copy of transfer order and docket sheet received. |
| Filing 22 TRANSMITTAL of case to the District of Eastern District of New York. Case and docket sheet transferred electronically. (no image attached) (JQC) [Transferred from Nevada on 2/20/2024.] |
| Filing 21 CERTIFIED MDL CONDITIONAL TRANSFER ORDER (CTO-3096) transferring case to the District of Eastern District of New York. Signed by MDL Panel on 2/2/2024. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 2/20/2024.] |
| Filing 20 UNCERTIFIED MDL TRANSFER ORDER. Signed by MDL Panel on 1/30/2024. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 2/20/2024.] |
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Filing 19
ORDER APPROVING ECF No. #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Meagan P. VanderWeele for Cook County Health and approving Designation of Local Counsel Sean Flynn. Signed by Judge Cristina D. Silva on 1/30/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS) [Transferred from Nevada on 2/20/2024.]
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Filing 18
ORDER granting #17 Stipulation TO EXTEND DEFENDANT COOK COUNTY HEALTHS DEADLINE TO RESPOND TO COMPLAINT (SECOND REQUEST). Cook County Health answer due 2/29/2024. Signed by Magistrate Judge Elayna J. Youchah on 1/26/2024. (Copies have been distributed pursuant to the NEF - CAH) [Transferred from Nevada on 2/20/2024.]
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| Filing 17 STIPULATION FOR EXTENSION OF TIME (Second Request) by Defendant Cook County Health. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Meagan P. VanderWeele and DESIGNATION of Local Counsel Sean P. Flynn (Filing fee $ 250 receipt number ANVDC-7563845) by Defendant Cook County Health. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.] |
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Filing 15
ORDER APPROVING ECF No. #14 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Scott L. Schmookler for Cook County Health and approving Designation of Local Counsel Sean Flynn. Signed by Judge Cristina D. Silva on 1/23/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS) [Transferred from Nevada on 2/20/2024.]
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| Filing 14 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Scott L. Schmookler and DESIGNATION of Local Counsel Sean P. Flynn (Filing fee $ 250 receipt number ANVDC-7561540) by Defendant Cook County Health. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.] |
| Filing 13 NOTICE of Appearance by attorney Jonathan A. Rich on behalf of Defendant Perry Johnson & Associates, Inc.. (Rich, Jonathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 12 Copy of Errata re Motion for Transfer filed before the US Judicial Panel on Multidistrict Litigation. (CT) [Transferred from Nevada on 2/20/2024.] |
| Filing 11 Copy of MOTION for Transfer filed before the US Judicial Panel on Multidistrict Litigation. (CT) [Transferred from Nevada on 2/20/2024.] |
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Filing 10
ORDER granting #9 Stipulation to Extend Defendant Cook County Health's Deadline to Respond to Complaint. Cook County Health answer due 1/29/2024. Signed by Magistrate Judge Elayna J. Youchah on 12/11/2023. (Copies have been distributed pursuant to the NEF - CT) [Transferred from Nevada on 2/20/2024.]
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| Filing 9 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Complaint re #1 Complaint,, by Defendant Cook County Health. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
| Filing 8 SUMMONS Returned Executed by Noel Carter re #1 Complaint,,. Perry Johnson & Associates, Inc. served on 11/15/2023. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
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Filing 7
ORDER approving ECF No. #5 Verified Petition for Permission to Practice Pro Hac Vice Attorney Terrence R. Coates for Noel Carter and approving Designation of Local Counsel Nathan R. Ring. Signed by Judge Cristina D. Silva on 11/29/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - GA) [Transferred from Nevada on 2/20/2024.]
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| Filing 6 SUMMONS Returned Executed by Noel Carter re #1 Complaint,,. Cook County Health served on 11/20/2023. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 5 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Terrence Coates and DESIGNATION of Local Counsel Nathan R. Ring (Filing fee $ 250 receipt number ANVDC-7504709) by Plaintiff Noel Carter. (Attachments: #1 Exhibit Cert. of Good Standing)(Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 4 SUMMONS ISSUED as to Cook County Health, Perry Johnson & Associates, Inc. re #1 Complaint. (Attachments: #1 Summons Issued - Perry Johnson & Associates, Inc) (CJS) [Transferred from Nevada on 2/20/2024.] |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Terence R. Coates to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition due by 11/27/2023. (no image attached) (CJS) [Transferred from Nevada on 2/20/2024.] |
| Filing 2 CERTIFICATE of Interested Parties by Noel Carter. There are no known interested parties other than those participating in the case. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7491730) by Noel Carter. Certificate of Interested Parties due by 11/23/2023. Proof of service due by 2/11/2024. (Attachments: #1 Civil Cover Sheet Civil Cvr Sheet, #2 Summons Perry Johnson & Associates, #3 Summons Cook County Health) (Ring, Nathan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 2/20/2024.] |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. (CJS) [Transferred from Nevada on 2/20/2024.] |
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