Bishop et al v. Bon Secours Mercy Health, Inc
| Douglas Bishop and Charles Metzger |
| Bon Secours Mercy Health, Inc. and Perry Johnson & Associates, Inc. |
| 1:2024cv01179 |
| February 26, 2024 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Rachel P Kovner |
| Other Statutory Actions |
| 15 U.S.C. § 0045 Federal Trade Commission Act |
| Plaintiff |
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| 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) |
| Filing 18 NOTICE of Appearance by Chelsea Lamb on behalf of Bon Secours Mercy Health, Inc. (aty to be noticed) Associated Cases: 1:24-md-03096-RPK-LGD, 1:24-cv-01175-RPK-LGD, 1:24-cv-01179-RPK-LGD (Lamb, Chelsea) |
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 17 NOTICE of Appearance by Christopher Wiech on behalf of Bon Secours Mercy Health, Inc. (aty to be noticed) Associated Cases: 1:24-md-03096-RPK-LGD, 1:24-cv-01175-RPK-LGD, 1:24-cv-01179-RPK-LGD (Wiech, Christopher) |
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ORDER: The 29 motion to appear pro hac vice is denied as unnecessary. Per the Court's Case Management Order No.1, "[a]ttorneys not admitted to practice in this District are allowed electronic filing privileges" for this case. Case Management Order No.1 at 4 (Dkt. #14). The Clerk's Office is directed to refund the filing fee to the moving attorney. Ordered by Judge Rachel P. Kovner on 3/6/2024. (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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| Filing 16 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number NYEDC-17633882 by Izabela Debowczyk, Martin Kurtev, Douglas Bishop, Charles Metzger. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) Associated Cases: 1:24-md-03096-RPK-LGD, 1:24-cv-00748-RPK-LGD, 1:24-cv-01179-RPK-LGD (Harris, Sharon) |
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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 15 Case transferred in from District of Ohio Southern; Case Number 3:23-cv-00385. Original file certified copy of transfer order and docket sheet received. |
| The case of Bishop et al v. Bon Secours Mercy Health, Inc, has been transferred from Southern District of Ohio to the Eastern District of New York. The new case number is 24-cv-1179. 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) |
| Filing 14 CONDITIONAL TRANSFER ORDER (CTO-2): Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on MDL, this action is transferred to the Eastern District of New York. Signed by the Clerk of the Panel on 2/15/2024; certified by the Clerk's Office from the Eastern District of New York on 2/15/2024. (kh) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 13 CONDITIONAL TRANSFER ORDER (CTO 2) - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Eastern District of New York for the reasons stated in the order of January 30, 2024, and, with the consent of that court, assigned to the Honorable Rachel P. Kovner. (pb) [Transferred from Ohio Southern on 2/26/2024.] |
| CONDITIONAL TRANSFER ORDER (CTO-2): This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Eastern District of New York. Signed by the Clerk of the Panel on 2/15/2024. (kh) [Transferred from Ohio Southern on 2/26/2024.] |
| Case transferred to District of USDC Eastern District of New York.Case file and docket sheet sent Electronically. (pb) [Transferred from Ohio Southern on 2/26/2024.] |
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Filing 12
ORDER ON DEFENDANT BON SECOURS MERCY HEALTHS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT. The Court extends Defendants time to respond to the Complaint (Doc. #1) until and including February 23, 2024. Signed by Magistrate Judge Peter B. Silvain, Jr on 1/23/24. (pb) [Transferred from Ohio Southern on 2/26/2024.]
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| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint,, New date requested 2/23/2024. by Defendant Bon Secours Mercy Health, Inc. (Attachments: #1 Proposed Order) (Brumfield, Jennifer) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 10 SUMMONS Returned Executed as to Defendant Perry Johnson & Associates, Inc.. Perry Johnson & Associates, Inc. served on 1/5/2024, answer due 1/26/2024. (Dann, Marc) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 9 NOTICE of Appearance by Thomas A. Zimmerman, Jr for Plaintiffs Douglas Bishop, Charles Metzger (Zimmerman, Thomas) [Transferred from Ohio Southern on 2/26/2024.] |
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Filing 8
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF THOMAS A. ZIMMERMAN, JR. Signed by Magistrate Judge Peter B. Silvain, Jr on 1/5/2023. (srb) [Transferred from Ohio Southern on 2/26/2024.]
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| Filing 7 SUMMONS Returned Executed as to Defendant Bon Secours Mercy Health, Inc. Bon Secours Mercy Health, Inc served on 1/3/2024, answer due 1/24/2024. (Flick, Brian) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9752357) of Thomas A. Zimmerman, Jr. by Plaintiffs Douglas Bishop, Charles Metzger. (Attachments: #1 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission to Zimmerman) (Dann, Marc) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 5 Summons Issued as to Bon Secours Mercy Health, Inc, Perry Johnson & Associates, Inc.. (Attachments: #1 Summons Form Perry Johnson & Associates Inc) (pb) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 4 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Thomas A. Zimmerman, Jr (pb) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 3 REQUEST for Issuance of Summons. (Flick, Brian) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 2 REQUEST for Issuance of Summons. (Flick, Brian) [Transferred from Ohio Southern on 2/26/2024.] |
| Notice of Correction re: [1-5] and [1-6] Summons. The summons forms as attached to the Complaint are for the Northern District of Ohio. Counsel is instructed to re-submit summons forms for the Southern District of Ohio (jmb) [Transferred from Ohio Southern on 2/26/2024.] |
| Filing 1 COMPLAINT with JURY DEMAND against BON SECOURS MERCY HEALTH, INC., Perry Johnson & Associates, Inc. ( Filing fee $ 405 paid - receipt number: AOHSDC-9742749), filed by Douglas Bishop, Charles Metzger. (Attachments: #1 Exhibit 1 - Mercy Health Notice of Privacy Breach, #2 Exhibit 2 - Bishop Notice of Breach, #3 Exhibit 3 - Metzger Notice of Breach, #4 Civil Cover Sheet Civil Cover Sheet, #5 Summons Form Proposed Summons on Bon Secours, #6 Summons Form Proposed Summons on Perry Johnson) (Dann, Marc) [Transferred from Ohio Southern on 2/26/2024.] |
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