Sept et al v. Perry Johnson & Associates, Inc.
Plaintiff: Lance Sept and Sparkle Jenkins
Defendant: Perry Johnson & Associates, Inc.
Case Number: 1:2024cv00756
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: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
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 19 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 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 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 18 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 17 Case transferred in from District of Nevada; Case Number 2:23-cv-01983. Original file certified copy of transfer order and docket sheet received.
February 16, 2024 Filing 16 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 15 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 14 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.]
December 27, 2023 Opinion or Order Filing 13 ORDER Granting #7 Verified Petition for Permission to Practice Pro Hac Vice as to Mason A Barney for Lance Sept and Sparkle Jenkins and approving Designation of Local Counsel as to Lee Iglody. Signed by Judge Cristina D. Silva on 12/27/2023. 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 - KF) [Transferred from Nevada on 2/20/2024.]
December 22, 2023 Filing 12 NOTICE of Corrected Image/Document re #7 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Mason A. Barney, by Plaintiffs Sparkle Jenkins, Lance Sept. (Service of corrected image is attached.). (Iglody, Lee) [Transferred from Nevada on 2/20/2024.]
December 21, 2023 Filing 11 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 9 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/19/2023. On December 1, 2023, the Clerk of Court issued a notice to counsel that Tyler Bean and David DiSabato must comply with this district's Local Rules by completing and filing a verified petition to practice pro hac vice and designation of local counsel by December 15, 2023. ECF No. 4; see LR IA 11-2 ("An attorney who has been retained or appointed to appear in a particular case but is not a member of the bar of this court may appear only with the courts permission."). The deadline has passed, and counsel has yet to comply with this requirement. IT IS THEREFORE ORDERED that aforementioned counsel must submit a verified petition by January 5, 2024. Failure to do so will result in their inability to appear in this jurisdiction for this case. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) [Transferred from Nevada on 2/20/2024.]
December 19, 2023 Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/19/2023. I defer ruling on Mason A. Barney's verified petition for permission to practice pro hac vice. ECF No. #7 . The petition indicates that counsel was retained by plaintiffs Lance Sept and Sparkle Jenkins, but page 5 of the petition does not include the signature of Lance Sept. See id. at 5. Counsel is advised to obtain the missing signature on an amended petition and then file it using the "Notice of Corrected Image/Document" event linking it to the existing filing by January 5, 2024. (no image attached)(Copies have been distributed pursuant to the NEF - JLB) [Transferred from Nevada on 2/20/2024.]
December 18, 2023 Filing 10 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 15, 2023 Filing 7 View Corrected Image #12 as to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Mason A. Barney and DESIGNATION of Local Counsel Lee Iglody (Filing fee $ 250 receipt number ANVDC-7527237) by Plaintiffs Sparkle Jenkins, Lance Sept. (Iglody, Lee) Modified on 12/27/2023 (EDS). [Transferred from Nevada on 2/20/2024.]
December 14, 2023 Filing 6 Copy of MOTION for Transfer filed before the US Judicial Panel on Multidistrict Litigation. (CT) [Transferred from Nevada on 2/20/2024.]
December 11, 2023 Filing 5 SUMMONS Returned Executed by Lance Sept, Sparkle Jenkins re #3 Summons Issued. Perry Johnson & Associates, Inc. served on 12/5/2023. (Iglody, Lee) [Transferred from Nevada on 2/20/2024.]
December 1, 2023 Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Mason Barney, Tyler Bean, David DiSabato 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 12/15/2023. (no image attached) (AMMi) [Transferred from Nevada on 2/20/2024.]
December 1, 2023 Filing 3 SUMMONS ISSUED as to Perry Johnson & Associates, Inc. re #1 Complaint. (AMMi) [Transferred from Nevada on 2/20/2024.]
November 30, 2023 Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Nancy J. Koppe. (AMMi) [Transferred from Nevada on 2/20/2024.]
November 30, 2023 Filing 2 CERTIFICATE of Interested Parties by Sparkle Jenkins, Lance Sept. There are no known interested parties other than those participating in the case. (Iglody, Lee) [Transferred from Nevada on 2/20/2024.]
November 30, 2023 Filing 1 COMPLAINT against Lance Sept, Sparkle Jenkins (Filing fee $402 receipt number ANVDC-7510298) by Lance Sept, Sparkle Jenkins. Certificate of Interested Parties due by 12/10/2023. Proof of service due by 2/28/2024. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons) (Iglody, Lee) 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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Plaintiff: Lance Sept
Represented By: David DiSabato
Represented By: Mason Barney
Represented By: Lee I. Iglody
Represented By: Tyler Bean
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Plaintiff: Sparkle Jenkins
Represented By: David DiSabato
Represented By: Lee I. Iglody
Represented By: Mason Barney
Represented By: Tyler Bean
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Defendant: Perry Johnson & Associates, Inc.
Represented By: Jonathan A. Rich
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