Faivre v. Perry Johnson & Associates, Inc. et al
| Denise Faivre |
| Perry Johnson & Associates, Inc., Northwell Health Inc. and Cook County Health |
| 1:2024cv00751 |
| 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 42 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 41 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 40
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 39 Case transferred in from District of Nevada; Case Number 2:23-cv-01926. Original file certified copy of transfer order and docket sheet received. |
| Filing 38 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 37 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 36 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 35
ORDER granting #32 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 1/29/2024. (Copies have been distributed pursuant to the NEF - CAH) [Transferred from Nevada on 2/20/2024.]
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Filing 34
ORDER granting #33 Stipulation to Extend Time for Defendants Perry Johnson & Associates, INC and Northwell Health, INC. to Respond to Plaintiff Denise Faivre's Complaint. Northwell Health, Inc. answer due 3/1/2024; Perry Johnson & Associates, Inc. answer due 3/1/2023. Signed by Magistrate Judge Elayna J. Youchah on 1/29/2024. (Copies have been distributed pursuant to the NEF - CT) [Transferred from Nevada on 2/20/2024.]
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| Filing 33 STIPULATION FOR EXTENSION OF TIME (Second Request) re #1 Complaint,, by Defendant Northwell Health, Inc.. (Fugazzi, Alex) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
| Filing 32 STIPULATION FOR EXTENSION OF TIME (Second Request) by Defendant Cook County Health. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
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Filing 31
ORDER APPROVING ECF No. #29 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Meagan P. VanderWeele for Cook County Health and approving Designation of Local Counsel Sean Flynn. Signed by Chief Judge Miranda M. Du 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 - DRM) [Transferred from Nevada on 2/20/2024.]
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Filing 30
ORDER APPROVING ECF No. #28 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Scott L. Schmookler for Cook County Health and approving Designation of Local Counsel Sean Flynn. Signed by Chief Judge Miranda M. Du 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 - DRM) [Transferred from Nevada on 2/20/2024.]
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| Filing 29 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-7561492) by Defendant Cook County Health. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.] |
| Filing 28 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-7561361) by Defendant Cook County Health. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.] |
| Filing 27 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.] |
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Filing 26
ORDER granting ECF No. #25 Stipulation for Extension of Time. Defendant Cook County Health answer/response re ECF No. #1 due 1/29/2024. Signed by Magistrate Judge Elayna J. Youchah on 12/21/2023. (Copies have been distributed pursuant to the NEF - DLS) [Transferred from Nevada on 2/20/2024.]
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| Filing 25 STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Cook County Health. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
| Filing 24 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 23 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 22
ORDER APPROVING ECF No. ECF No. #14 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Jason H. Alperstein for Plaintiff and the proposed class, and approving Designation of Local Counsel Nathan R. Ring. Signed by Chief Judge Miranda M. Du on 12/5/2023. 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 - DRM) [Transferred from Nevada on 2/20/2024.]
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Filing 21
ORDER APPROVING ECF NO. #12 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Jordan M. Steele for Plaintiff and the proposed class and approving Designation of Local Counsel Nathan R. Ring. Signed by Chief Judge Miranda M. Du on 12/5/2023. 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 - DRM) [Transferred from Nevada on 2/20/2024.]
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Filing 20
ORDER APPROVING ECF No. #13 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Kevin G. Cooper for Plaintiffs and the proposed class, and approving Designation of Local Counsel Nathan R. Ring. Signed by Chief Judge Miranda M. Du on 12/5/2023. 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 - DRM) [Transferred from Nevada on 2/20/2024.]
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Filing 19
ORDER APPROVING ECF No. #11 Verified Petition for Permission to Practice Pro Hac Vice for James E. Cecchi for Plaintffs and the proposed class and approving Designation of Local Counsel Nathan R. Ring. Signed by Chief Judge Miranda M. Du on 12/5/2023. 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 - DLS) [Transferred from Nevada on 2/20/2024.]
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Filing 18
ORDER APPROVING ECF No. #15 Verified Petition for Permission to Practice Pro Hac Vice for Caroline F. Bartlett for Plaintiff and the proposed class and approving Designation of Local Counsel Nathan R. Ring. Signed by Chief Judge Miranda M. Du on 12/5/2023. 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 - DLS) Modified on 12/6/2023 to add Plaintiffs (DLS). [Transferred from Nevada on 2/20/2024.]
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| Filing 17 SUMMONS Returned Executed by Denise Faivre re #9 Summons Issued, #1 Complaint,,. Perry Johnson & Associates, Inc. served on 11/28/2023. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 16 SUMMONS Returned Executed by Denise Faivre re #9 Summons Issued, #1 Complaint,,. Cook County Health served on 11/30/2023. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 15 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Caroline F. Bartlett and DESIGNATION of Local Counsel Nathan R. Ring (Filing fee $ 250 receipt number ANVDC-7514631) by Plaintiff Denise Faivre. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 14 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jason H. Alperstein and DESIGNATION of Local Counsel Nathan R. Ring (Filing fee $ 250 receipt number ANVDC-7514630) by Plaintiff Denise Faivre. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 13 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kevin G. Cooper and DESIGNATION of Local Counsel Nathan R. Ring (Filing fee $ 250 receipt number ANVDC-7514624) by Plaintiff Denise Faivre. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jordan M. Steele and DESIGNATION of Local Counsel Nathan R. Ring (Filing fee $ 250 receipt number ANVDC-7514617) by Plaintiff Denise Faivre. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 11 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by James E. Cecchi and DESIGNATION of Local Counsel Nathan R. Ring (Filing fee $ 250 receipt number ANVDC-7514613) by Plaintiff Denise Faivre. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by Denise Faivre re #9 Summons Issued. Northwell Health, Inc. waiver sent on 11/29/2023, answer due 1/28/2024. (Ring, Nathan) [Transferred from Nevada on 2/20/2024.] |
| Filing 9 SUMMONS ISSUED as to Cook County Health, Northwell Health, Inc., Perry Johnson & Associates, Inc. re #1 Complaint. (CT) [Transferred from Nevada on 2/20/2024.] |
| Filing 8 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV) [Transferred from Nevada on 2/20/2024.] |
| Filing 7 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jordan M. Steele 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 12/5/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 6 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Kevin G. Cooper 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 12/5/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jason M. Alperstein 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 12/5/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Caroline F. Bartlett 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 12/5/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel James E Cecchi 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 12/5/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Elayna J. Youchah. (CT) [Transferred from Nevada on 2/20/2024.] |
| Filing 2 CERTIFICATE of Interested Parties by Denise Faivre. 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-7500534) by Denise Faivre. Certificate of Interested Parties due by 11/30/2023. Proof of service due by 2/18/2024. (Attachments: #1 Civil Cover Sheet Civil Cvr Sheet, #2 Summons Northwell, #3 Summons CCH, #4 Summons PJA) (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.] |
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