Heitzner v. Northwell Health, Inc. et al
Plaintiff: Ilise Heitzner
Defendant: Northwell Health Inc. and Perry Johnson & Associates, Inc.
Case Number: 1:2024cv01168
Filed: February 26, 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: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
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 16 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 27, 2024 Filing 15 Case transferred in from District of New York Southern; Case Number 1:23-cv-10694. Original file certified copy of transfer order and docket sheet received.
February 27, 2024 The case of Heitzner v. Northwell Health, Inc. et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-1168. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (AF)
February 26, 2024 Filing 14 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of New York. (Signed by MDL Panel on 2/14/2024) (vba) [Transferred from New York Southern on 2/27/2024.]
February 26, 2024 MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Eastern District of New York.(vba) [Transferred from New York Southern on 2/27/2024.]
January 2, 2024 Opinion or Order Filing 13 ORDER granting #12 Letter Motion to Stay re: #12 FIRST LETTER MOTION to Stay the action addressed to Judge Analisa Torres from Joel M. Maxwell dated December 27, 2023. GRANTED. By March 1, 2024, the parties shall submit a status update as to the proceedings before the JPML. (Signed by Judge Analisa Torres on 1/2/2024) (ate) [Transferred from New York Southern on 2/27/2024.]
December 27, 2023 Filing 12 FIRST LETTER MOTION to Stay the action addressed to Judge Analisa Torres from Joel M. Maxwell dated December 27, 2023. Document filed by Perry Johnson & Associates, Inc...(Maxwell, Joel) [Transferred from New York Southern on 2/27/2024.]
December 14, 2023 Opinion or Order Filing 11 ORDER: granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer. addressed to Magistrate Judge Ona T. Wang from Christopher P. Conniff dated December 12, 2023. Granted. SO ORDERED. Northwell Health, Inc. answer due 1/29/2024. (Signed by Judge Analisa Torres on 12/14/2023) (ama) [Transferred from New York Southern on 2/27/2024.]
December 14, 2023 Opinion or Order Filing 10 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by February 5, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2023) (jca) [Transferred from New York Southern on 2/27/2024.]
December 14, 2023 Opinion or Order Filing 9 INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 5, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2023) (jca) [Transferred from New York Southern on 2/27/2024.]
December 14, 2023 Opinion or Order Filing 8 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2023) (jca) [Transferred from New York Southern on 2/27/2024.]
December 12, 2023 Filing 7 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Ona T. Wang from Christopher P. Conniff dated December 12, 2023. Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 2/27/2024.]
December 11, 2023 Filing 6 NOTICE OF APPEARANCE by Jeffrey Michael Norton on behalf of Ilise Heitzner..(Norton, Jeffrey) [Transferred from New York Southern on 2/27/2024.]
December 11, 2023 Filing 5 NOTICE OF APPEARANCE by Benjamin David Baker on behalf of Ilise Heitzner..(Baker, Benjamin) [Transferred from New York Southern on 2/27/2024.]
December 8, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Paul Conniff. The party information for the following party/parties has been modified: Ilise Heitzner. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) [Transferred from New York Southern on 2/27/2024.]
December 8, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Paul Conniff. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Westchester;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to d (Defendant); the County code has been modified to Nassau;. (jgo) [Transferred from New York Southern on 2/27/2024.]
December 8, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 2/27/2024.]
December 8, 2023 Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 2/27/2024.]
December 8, 2023 Case Designated ECF. (jgo) [Transferred from New York Southern on 2/27/2024.]
December 7, 2023 Filing 4 NOTICE of Certification of Notice of Filing of Notice of Removal. Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 2/27/2024.]
December 7, 2023 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Northwell Health, Inc...(Conniff, Christopher) [Transferred from New York Southern on 2/27/2024.]
December 7, 2023 Filing 2 CIVIL COVER SHEET filed..(Conniff, Christopher) [Transferred from New York Southern on 2/27/2024.]
December 7, 2023 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 161199/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28666359).Document filed by Northwell Health, Inc.. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit C - Consent to Removal).(Conniff, Christopher) [Transferred from New York Southern on 2/27/2024.]

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Plaintiff: Ilise Heitzner
Represented By: Jeffrey Michael Norton
Represented By: Benjamin David Baker
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Defendant: Northwell Health Inc.
Represented By: Christopher Paul Conniff
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Defendant: Perry Johnson & Associates, Inc.
Represented By: Joel Michael Maxwell
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