Kurtev et al v. Cook County Health & Hospital System et al
Plaintiff: Martin Kurtev and Izabela Debowczyk
Defendant: Cook County Health & Hospital System and Perry Johnson & Associates, Inc.
Case Number: 1:2024cv00748
Filed: February 16, 2024
Court: US District Court for the Eastern District of New York
Presiding Judge: Lee G Dunst
Referring Judge: Rachel P Kovner
Nature of Suit: Contract: Other
Cause of Action: 42 U.S.C. ยง 1396 - Tort Negligence
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2024 Filing 32 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)
March 7, 2024 Opinion or Order 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)
March 6, 2024 Filing 31 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)
March 6, 2024 Opinion or Order ORDER: The #29 motion to appear pro hac vice is denied as unnecessary. Per the Court's Case Management Order No.1, "[a]ttorneys not admitted to practice in this District are allowed electronic filing privileges" for this case. Case Management Order No.1 at 4 (Dkt. #14). The Clerk's Office is directed to refund the filing fee to the moving attorney. Ordered by Judge Rachel P. Kovner on 3/6/2024. (XW)
March 6, 2024 Opinion or Order 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)
March 5, 2024 Filing 30 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number NYEDC-17633882 by Izabela Debowczyk, Martin Kurtev, Douglas Bishop, Charles Metzger. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) Associated Cases: 1:24-md-03096-RPK-LGD, 1:24-cv-00748-RPK-LGD, 1:24-cv-01179-RPK-LGD (Harris, Sharon)
March 4, 2024 Opinion or Order 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)
February 20, 2024 Opinion or Order Filing 29 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)
February 20, 2024 Filing 28 Case transferred in from District of Nevada; Case Number 2:23-cv-01905. Original file certified copy of transfer order and docket sheet received.
February 16, 2024 Filing 27 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.]
January 30, 2024 Filing 26 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.]
January 30, 2024 Filing 25 UNCERTIFIED MDL CONDITIONAL 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.]
January 29, 2024 Opinion or Order Filing 24 ORDER granting ECF No. #21 Stipulation for Extension of Time. Answer/Response re ECF No. #1 is due by 2/29/2024. Signed by Judge Richard F. Boulware, II on 1/29/2024. (Copies have been distributed pursuant to the NEF - GA) [Transferred from Nevada on 2/20/2024.]
January 29, 2024 Opinion or Order Filing 23 ORDER approving ECF No. #20 Verified Petition for Permission to Practice Pro Hac Vice Attorney Scott L. Schmookler for Cook County Health & Hospital System and approving Designation of Local Counsel Sean P. Flynn. Signed by Judge Richard F. Boulware, II on 1/29/2024. 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 - GA) [Transferred from Nevada on 2/20/2024.]
January 29, 2024 Opinion or Order Filing 22 ORDER approving CFF No. #19 Verified Petition for Permission to Practice Pro Hac Vice Attorney Meagan P. VanderWeele for Cook County Health & Hospital System and approving Designation of Local Counsel Sean P. Flynn. Signed by Judge Richard F. Boulware, II on 1/29/2024. 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 - GA) [Transferred from Nevada on 2/20/2024.]
January 26, 2024 Filing 21 STIPULATION FOR EXTENSION OF TIME (Second Request) by Defendant Cook County Health & Hospital System. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.]
January 24, 2024 Filing 20 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-7563879) by Defendant Cook County Health & Hospital System. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.]
January 24, 2024 Filing 19 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-7563867) by Defendant Cook County Health & Hospital System. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.]
January 9, 2024 Filing 18 CLERK'S NOTICE that due to the retirement of Magistrate Judge Cam Ferenbach, this case is reassigned to Magistrate Judge Maximiliano D. Couvillier, III for all further proceedings. All further documents must bear the correct case number 2:23-cv-01905-RFB-MDC. (no image attached) (LG) [Transferred from Nevada on 2/20/2024.]
December 27, 2023 Opinion or Order Filing 17 ORDER granting ECF No. #16 Stipulation for Extension of Time. Cook County Health & Hospital System answer/response re ECF No. #1 due 1/29/2024. Signed by Judge Richard F. Boulware, II on 12/27/2023. (Copies have been distributed pursuant to the NEF - DLS) [Transferred from Nevada on 2/20/2024.]
December 26, 2023 Filing 16 STIPULATION FOR EXTENSION OF TIME (First Request) to respond to complaint by Defendant Cook County Health & Hospital System. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.]
December 21, 2023 Filing 15 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.]
December 19, 2023 Filing 13 SUMMONS Returned Executed by Martin Kurtev, Izabela Debowczyk re #1 Complaint,,. Cook County Health & Hospital System served on 12/11/2023. (Zimmerman, Thomas) [Transferred from Nevada on 2/20/2024.]
December 18, 2023 Filing 14 Copy of Errata re Motion for Transfer filed before the US Judicial Panel on Multidistrict Litigation. (CT) [Transferred from Nevada on 2/20/2024.]
December 14, 2023 Filing 12 Copy of MOTION for Transfer filed before the US Judicial Panel on Multidistrict Litigation. (CT) [Transferred from Nevada on 2/20/2024.]
December 12, 2023 Filing 11 SUMMONS Returned Executed by Martin Kurtev, Izabela Debowczyk. Perry Johnson & Associates, Inc. served on 11/21/2023. (Zimmerman, Thomas) [Transferred from Nevada on 2/20/2024.]
December 4, 2023 Filing 10 SUMMONS ISSUED as to Cook County Health & Hospital System re #1 Complaint. (CAH) [Transferred from Nevada on 2/20/2024.]
December 4, 2023 Filing 9 PROPOSED SUMMONS to be issued (Alias Summons to Cook County Health & Hospitals System) by Plaintiffs Izabela Debowczyk, Martin Kurtev. (Zimmerman, Thomas) [Transferred from Nevada on 2/20/2024.]
November 28, 2023 Filing 8 NOTICE of Appearance by attorney Thomas A. Zimmerman, Jr on behalf of Plaintiffs Izabela Debowczyk, Martin Kurtev. (Zimmerman, Thomas) [Transferred from Nevada on 2/20/2024.]
November 28, 2023 Opinion or Order Filing 7 ORDER granting #6 Verified Petition for Permission to Practice Pro Hac Vice as to Thomas A Zimmermann Jr. for Martin Kurtev and Izabela Debowczyk and approving Designation of Local Counsel as to Christopher S. Connell. Signed by Judge Richard F. Boulware, II on 11/28/2023. 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 - CAH) [Transferred from Nevada on 2/20/2024.]
November 27, 2023 Filing 6 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Thomas A. Zimmerman, Jr. and DESIGNATION of Local Counsel Christopher S. Connell (Filing fee $ 250 receipt number ANVDC-7504955) by Plaintiffs Izabela Debowczyk, Martin Kurtev. (Connell, Christopher) [Transferred from Nevada on 2/20/2024.]
November 21, 2023 Filing 5 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS) [Transferred from Nevada on 2/20/2024.]
November 20, 2023 Filing 2 CERTIFICATE of Interested Parties by Izabela Debowczyk, Martin Kurtev. There are no known interested parties other than those participating in the case (Connell, Christopher) [Transferred from Nevada on 2/20/2024.]
November 17, 2023 Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Thomas A. Zimmerman, Jr 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 12/1/2023. (no image attached) (CAH) [Transferred from Nevada on 2/20/2024.]
November 17, 2023 Filing 3 SUMMONS ISSUED as to Cook County Health & Hospital System, Perry Johnson & Associates, Inc. re #1 Complaint. (Attachments: #1 Summons) (CAH) [Transferred from Nevada on 2/20/2024.]
November 17, 2023 Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Cam Ferenbach. (CAH) [Transferred from Nevada on 2/20/2024.]
November 17, 2023 Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7498637) by Martin Kurtev, Izabela Debowczyk. Certificate of Interested Parties due by 11/27/2023. Proof of service due by 2/15/2024. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Connell, Christopher) 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.]

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Search for this case: Kurtev et al v. Cook County Health & Hospital System et al
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Plaintiff: Martin Kurtev
Represented By: Christopher S Connell
Represented By: Thomas A. Zimmerman, Jr
Represented By: Sharon A. Harris
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Plaintiff: Izabela Debowczyk
Represented By: Christopher S Connell
Represented By: Thomas A. Zimmerman, Jr
Represented By: Sharon A. Harris
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Defendant: Cook County Health & Hospital System
Represented By: Meagan VanderWeele
Represented By: Scott L. Schmookler
Represented By: Sean Flynn
Represented By: Meagan P. VanderWeele
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Defendant: Perry Johnson & Associates, Inc.
Represented By: Jonathan A. Rich
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