Stone et al. v. Salem Community Hospital et al.
| Michael Stone and Leeanne Varner |
| Salem Community Hospital and Perry Johnson & Associates, Inc. |
| 1:2024cv01169 |
| February 15, 2024 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Rachel P Kovner |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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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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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 9
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 8 Case transferred in from District of Ohio Northern; Case Number 4:23-cv-02421. Original file certified copy of transfer order and docket sheet received. |
| Filing 7 Conditional Transfer Order (CTO 1) by the Judicial Panel on Multidistrict Litigation. In re: MDL No. 3096 Perry Johnson & Associates Medical Transcription Data Security Breach Litigation. Case transferred to the Eastern District of New York and assigned to the Honorable Rachel P. Kovner. (M,CE) [Transferred from Ohio Northern on 2/16/2024.] |
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Filing 6
Order granting Defendant's #5 Unopposed Motion for extension of time until April 5, 2024 to Respond to Complaint. Signed by Judge Dan Aaron Polster on 2/15/2024.(K,K) [Transferred from Ohio Northern on 2/16/2024.]
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| Filing 5 Unopposed Motion for extension of time until April 5, 2024 to Respond to Complaint filed by Defendant Salem Community Hospital. Related document(s) #1 . (Attachments: #1 Proposed Order)(Bilancini, Melissa) [Transferred from Ohio Northern on 2/16/2024.] |
| Filing 4 Waiver of Service Returned Executed by Michael Stone, Leeanne Varner. Salem Community Hospital waiver sent on 12/21/2023, answer due 2/20/2024 filed on behalf of Michael Stone; Leeanne Varner (Goldenberg, Jeffrey) [Transferred from Ohio Northern on 2/16/2024.] |
| Filing 3 Waiver of Service Returned Executed by Michael Stone, Leeanne Varner. Perry Johnson & Associates, Inc. waiver sent on 12/26/2023, answer due 2/26/2024 filed on behalf of Michael Stone; Leeanne Varner (Goldenberg, Jeffrey) [Transferred from Ohio Northern on 2/16/2024.] |
| Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (D,Ju) [Transferred from Ohio Northern on 2/16/2024.] |
| Judge Dan Aaron Polster assigned to case. (D,Ju) [Transferred from Ohio Northern on 2/16/2024.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (D,Ju) [Transferred from Ohio Northern on 2/16/2024.] |
| Filing 1 Class Action Complaint with jury demand against Perry Johnson & Associates, Inc., Salem Community Hospital. Filing fee paid $ 405, Receipt number AOHNDC-12326208. Filed by Michael Stone, Leeanne Varner. (Attachments: #1 Exhibit A: Stone notice letter, #2 Exhibit B: Varner notice letters, #3 Civil Cover Sheet) (Goldenberg, Jeffrey) [Transferred from Ohio Northern on 2/16/2024.] |
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