Shanahan et al v. Perry Johnson & Associates, Inc. et al
| Kevin K. Shanahan, Michael Newton, Rosemary Kerrane and James Shoforth |
| Perry Johnson & Associates, Inc., Northwell Health Inc., Cook County Health and Salem Regional Medical Center |
| 1:2024cv00754 |
| February 16, 2024 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Rachel P Kovner |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
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| Filing 52 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 51 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 50
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 49 Case transferred in from District of Nevada; Case Number 2:23-cv-01947. Original file certified copy of transfer order and docket sheet received. |
| Filing 48 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 47 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 46 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 45
ORDER Granting #42 Stipulation for Extension of Time re #13 Amended Complaint. Northwell Health, Inc. answer due 3/1/2024; Perry Johnson & Associates, Inc. answer due 3/1/2024. Signed by Magistrate Judge Daniel J. Albregts on 1/29/2024. (Copies have been distributed pursuant to the NEF - RJDG) [Transferred from Nevada on 2/20/2024.]
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Filing 44
ORDER Granting #43 Stipulation to Extend Time. Cook County Health answer due 2/29/2024. Signed by Magistrate Judge Daniel J. Albregts on 1/29/2024. (Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 2/20/2024.]
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| Filing 43 STIPULATION FOR EXTENSION OF TIME (Second Request) by Defendant Cook County Health. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
| Filing 42 STIPULATION FOR EXTENSION OF TIME (First Request) re #13 Amended Complaint, by Defendant Northwell Health, Inc.. (Fugazzi, Alex) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
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Filing 41
ORDER approving ECF No. #39 Verified Petition for Permission to Practice Pro Hac Vice Attorney Scott L. Schmookler for Cook County Health and approving Designation of Local Counsel Sean P. Flynn. Signed by Judge Richard F. Boulware, II on 1/25/2024. 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.]
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Filing 40
ORDER approving ECF No #38 Verified Petition for Permission to Practice Pro Hac Vice Attorney Meagan P. VanderWeele for Cook County Health and approving Designation of Local Counsel Sean P. Flynn. Signed by Judge Richard F. Boulware, II on 1/25/2024. 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.]
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| Filing 39 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-7563984) by Defendant Cook County Health. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.] |
| Filing 38 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-7563898) by Defendant Cook County Health. (Flynn, Sean) [Transferred from Nevada on 2/20/2024.] |
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Filing 37
ORDER Granting in part and Denying in part #35 Stipulation for Extension of Time. It is granted in part regarding the parties' request that Defendant Salem Regional Medical Center have until February 26, 2024 to file a response to Plaintiffs' complaint. It is denied in part regarding their request that they have until thirty days after a ruling on the pending motion to transfer to respond to the complaint. In the event that the February 26, 2024 deadline passes without a ruling on the motion to transfer, the parties may file another stipulation identifying a concrete deadline to which the Court can move the deadline to respond to the complaint. Salem Regional Medical Center answer due 2/26/2024. Signed by Magistrate Judge Daniel J. Albregts on 1/10/2024. (Copies have been distributed pursuant to the NEF - RJDG) [Transferred from Nevada on 2/20/2024.]
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| Filing 36 SUMMONS Returned Executed by Rosemary Kerrane, Michael Newton, James Shoforth, Kevin K. Shanahan re #1 Complaint,, #27 Summons Issued, #13 Amended Complaint,. Salem Regional Medical Center served on 12/20/2023. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 35 STIPULATION FOR EXTENSION OF TIME (First Request) re #13 Amended Complaint, by Defendant Salem Regional Medical Center. (Perach, Amanda) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
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Filing 34
ORDER granting #32 Stipulation. Cook County Health's response to complaint #1 due 01/29/24. Signed by Magistrate Judge Daniel J. Albregts on 12/27/2023. (Copies have been distributed pursuant to the NEF - LG) [Transferred from Nevada on 2/20/2024.]
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| Filing 33 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 32 Amended STIPULATION FOR EXTENSION OF TIME (First Request) to respond to complaint by Defendant Cook County Health. (Flynn, Sean) (extend) (answer) [Transferred from Nevada on 2/20/2024.] |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 12/20/2023. Re: #28 Stipulation to Extend Defendant Cook County Health's Deadline to Respond to Complaint. Having reviewed Cook County Health's stipulation to extend time, the Court finds that it fails to provide a reason for the requested extension as required by FRCP 6(b)(1) and LR IA 6-1. IT IS THEREFORE ORDERED that the stipulation #28 is DENIED WITHOUT PREJUDICE. (no image attached) (Copies have been distributed pursuant to the NEF - KL) [Transferred from Nevada on 2/20/2024.] |
| Filing 29 CLERK'S NOTICE. Attorney Action Required to ECF No. #28 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. The correct event is Stipulation. NO ACTION is needed by counsel as Clerk will modicy the entry. (no image attached) (CJS) [Transferred from Nevada on 2/20/2024.] |
| Filing 28 MOTION STIPULATION to Extend Time (First Request) re #1 Complaint,, by Defendant Cook County Health. Responses due by 1/2/2024. (Flynn, Sean) (answer) Modified on 12/19/2023 (CJS). [Transferred from Nevada on 2/20/2024.] |
| Filing 30 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 27 SUMMONS ISSUED as to Salem Regional Medical Center re #13 Amended Complaint,. (ALZ) [Transferred from Nevada on 2/20/2024.] |
| Filing 26 SUMMONS Returned Executed by Rosemary Kerrane, Michael Newton, James Shoforth, Kevin K. Shanahan re #1 Complaint,,. Perry Johnson & Associates, Inc. served on 11/30/2023. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 25 Copy of MOTION for Transfer filed before the US Judicial Panel on Multidistrict Litigation. (CT) [Transferred from Nevada on 2/20/2024.] |
| Filing 24 PROPOSED SUMMONS to be issued SALEM REGIONAL MEDICAL CENTER by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan, James Shoforth. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 23 SUMMONS Returned Executed by Rosemary Kerrane, Michael Newton, James Shoforth, Kevin K. Shanahan re #1 Complaint,,. Cook County Health served on 11/30/2023. (Nathan, Steven) [Transferred from Nevada on 2/20/2024.] |
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Filing 22
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Steven M. Nathan for Kevin K. Shanahan, Michael Newton, Rosemary Kerrane, James Shoforth and approving Designation of Local Counsel Don Springmeyer. Signed by Judge Richard F. Boulware, II on 12/7/2023. 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 - AMMi) [Transferred from Nevada on 2/20/2024.]
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Filing 21
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Justin J. Hawal for Keven K. Shanahan, Michael Newton, Rosemary Kerrane, James Shoforth and approving Designation of Local Counsel Don Springmeyer. Signed by Judge Richard F. Boulware, II on 12/7/2023. 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 - AMMi) [Transferred from Nevada on 2/20/2024.]
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Filing 20
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Amy E. Keller for Kevin K. Shanahan, Michael Newton, Rosemary Kerrane, James Shoforth and approving Designation of Local Counsel Don Springmeyer. Signed by Judge Richard F. Boulware, II on 12/7/2023. 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 - AMMi) [Transferred from Nevada on 2/20/2024.]
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Filing 19
ORDER Granting #15 Verified Petition for Permission to Practice Pro Hac Vice for Attorney James J. Pizzirusso for Kevin K. Shanahan, Michael Newton, Rosemary Kerrane, James Shoforth and approving Designation of Local Counsel Don Springmeyer. Signed by Judge Richard F. Boulware, II on 12/6/2023. 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 - AMMi) [Transferred from Nevada on 2/20/2024.]
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| Filing 18 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by STEVEN M. NATHAN and DESIGNATION of Local Counsel DON SPRINGMEYER (Filing fee $ 250 receipt number ANVDC-7516120) by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan, James Shoforth. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 17 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by JUSTIN J. HAWAL and DESIGNATION of Local Counsel DON SPRINGMEYER (Filing fee $ 250 receipt number ANVDC-7516117) by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan, James Shoforth. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by AMY E. KELLER and DESIGNATION of Local Counsel DON SPRINGMEYER (Filing fee $ 250 receipt number ANVDC-7516112) by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan, James Shoforth. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 15 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by JAMES J. PIZZIRUSSO and DESIGNATION of Local Counsel DON SPRINGMEYER (Filing fee $ 250 receipt number ANVDC-7515071) by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan, James Shoforth. (Springmeyer, Don) Modified to add new Plaintiff on 12/6/2023 (CJS). [Transferred from Nevada on 2/20/2024.] |
| Filing 14 CERTIFICATE of Interested Parties by Rosemary Kerrane, Michael Newton, Kevin K. Shanahan, James Shoforth. There are no known interested parties other than those participating in the case (Springmeyer, Don) Modified to reflect new plaintiff on 12/6/2023 (CJS). [Transferred from Nevada on 2/20/2024.] |
| Filing 13 AMENDED COMPLAINT with Jury Demand against All Defendants by Kevin K. Shanahan, Michael Newton, Rosemary Kerrane, James Shoforth. Adds new parties. (Attachments: #1 Exhibit D) (Springmeyer, Don) Modified to add additional Plaintiffs on 12/6/2023 (CJS). [Transferred from Nevada on 2/20/2024.] |
| Filing 12 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Kevin K. Shanahan, Rosemary Kerrane, Michael Newton. Certificate of Interested Parties due by 12/11/2023. (no image attached) (CJS) [Transferred from Nevada on 2/20/2024.] |
| Filing 11 WAIVER OF SERVICE Returned Executed by Kevin K. Shanahan, Rosemary Kerrane, Michael Newton re #10 Summons Issued. Northwell Health, Inc. waiver sent on 11/29/2023, answer due 1/28/2024. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 10 SUMMONS ISSUED as to Cook County Health, Northwell Health, Inc., Perry Johnson & Associates, Inc. re #1 Complaint. (ALZ) [Transferred from Nevada on 2/20/2024.] |
| Filing 9 PROPOSED SUMMONS to be issued COOK COUNTY HEALTH by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 8 PROPOSED SUMMONS to be issued NORTHWELL HEALTH, INC. by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 7 PROPOSED SUMMONS to be issued PERRY JOHNSON & ASSOCIATES, INC. by Plaintiffs Rosemary Kerrane, Michael Newton, Kevin K. Shanahan. (Springmeyer, Don) [Transferred from Nevada on 2/20/2024.] |
| Filing 6 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.] |
| Filing 5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Steven M. Nathan 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 12/6/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel James J. Pizzirusso 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 12/6/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Justin J. Hawal 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 12/6/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Amy E. Keller 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 12/6/2023. (no image attached) (WJ) [Transferred from Nevada on 2/20/2024.] |
| Filing 1 COMPLAINT against Cook County Health, Northwell Health, Inc., Perry Johnson & Associates, Inc. (Filing fee $402 receipt number ANVDC-7503072) by Kevin K. Shanahan, Rosemary Kerrane, Michael Newton. Certificate of Interested Parties due by 12/2/2023. Proof of service due by 2/20/2024. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Springmeyer, Don) 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 Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. (RGDG) [Transferred from Nevada on 2/20/2024.] |
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