Kennedy et al v. Lumedx Corporation et al
| Deirdre Kennedy and Teresa Pugliese |
| Lumedx Corporation and Intelerad Medical Systems, Incorporated |
| 2:2023cv02925 |
| April 19, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Lee G Dunst |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for PRE-MOTION CONFERENCE held on 6/13/2023. Appearances: For Plaintiff: Matthew Beran. For Defendants: Joseph Flanagan, Crystal Woods. Case called. Counsel present for all sides. Other: Parties to advise the Court by 6/27/2023 if they would like to be referred to mediation or proceed with motion practice. (LC) |
ORDER granting #26 Motion for Pre Motion Conference. A telephone Pre Motion conference is set for 6/13/2023 at 4:00 PM before Judge Joan M. Azrack. Counsel shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 6/6/2023. (LP)
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Filing 29
STIPULATION AND ORDER for Production and Exchange of Confidential Information re #18 . Ordered by Magistrate Judge Lee G. Dunst on 6/5/2023. (CT)
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ELECTRONIC SCHEDULING ORDER: The parties' 5/31/2023 letter states that "the Parties believe it would be prudent to postpone the Initial Conference and further discussion of any discovery or pre-trial deadlines" until after Defendants' anticipated dismissal motion is adjudicated. DE #28 ; see DE #26 (letter with District Judge Joan M. Azrack requesting a conference in connection with Defendants' anticipated motion to dismiss). That request is GRANTED. Accordingly, (1) discovery is STAYED, and (2) the in-person initial conference previously scheduled for 6/7/2023 at 10:15 AM (see 4/20/2023 Electronic Scheduling Order) is ADJOURNED to 9/8/2023 at 11:45 AM. Ordered by Magistrate Judge Lee G. Dunst on 6/5/2023. (CB)
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| Filing 28 Proposed Scheduling Order / Discovery Plan on behalf of all parties by Intelerad Medical Systems, Incorporated, Lumedx Corporation (Flanagan, Joseph) |
| Filing 27 Letter in response to Defendants' request for Pre-Motion Conference by Deirdre Kennedy, Teresa Pugliese (Berman, Matthew) |
| Filing 26 Letter MOTION for pre motion conference by Intelerad Medical Systems, Incorporated, Lumedx Corporation. (Woods, Crystal) |
| Filing 25 NOTICE of Appearance by Crystal J. Woods on behalf of Intelerad Medical Systems, Incorporated, Lumedx Corporation (notification declined or already on case) (Woods, Crystal) |
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ORDER granting DE #24 Motion for Leave to Appear Pro Hac Vice. Attorney Crystal Woods shall register for ECF (registration is available online at www.pacer.gov.), file a notice of appearance, ensure that she receives electronic notification of activity in this case, and make sure that the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Lee G. Dunst on 4/26/2023. (CB)
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| Filing 24 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16635472 by Intelerad Medical Systems, Incorporated, Lumedx Corporation. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit of Crystal Woods, #3 Exhibit C - Proposed Order) (Woods, Crystal) |
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ORDER: The parties' joint motion at DE #23 to allow Defendants an extension of time to answer or respond to the complaint is GRANTED. Defendants shall answer or otherwise respond to the complaint (DE #1 ) on or before 5/4/2023. Ordered by Magistrate Judge Lee G. Dunst on 4/21/2023. (CB)
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| Filing 23 Consent MOTION for Extension of Time to File Answer by Intelerad Medical Systems, Incorporated, Lumedx Corporation. (Flanagan, Joseph) |
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ELECTRONIC SCHEDULING ORDER: Magistrate Judge Lee G. Dunst will hold the initial conference on 6/7/2023 at 10:15 AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a joint Proposed Discovery Plan/Scheduling Order by 5/31/2023 pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 4/20/2023. (CB)
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| Filing 22 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (DC) |
| Filing 21 Case transferred in from District of New York Southern; Case Number 1:23-cv-00592. Original file certified copy of transfer order and docket sheet received. |
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Filing 20
MEMO ENDORSEMENT: on re: #19 Letter filed by Deirdre Kennedy, Teresa Pugliese. ENDORSEMENT: The initial pretrial conference scheduled for April 19, 2023, is canceled. The Clerk of Court is respectfully directed to transfer the case to the Eastern District of New York. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/19/2023) (ama) [Transferred from New York Southern on 4/19/2023.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ama) [Transferred from New York Southern on 4/19/2023.] |
| The case of Kennedy et al v. Lumedx Corporation et al, has been transferred from U.S. District Court, Southern District of New York to the Eastern District of New York. The new case number is 23-cv-2925-JMA-LGD. 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. (DC) |
| Filing 19 JOINT LETTER addressed to Judge Lorna G. Schofield from Matthew L. Berman dated April 18, 2023 re: Joint Letter re Venue. Document filed by Deirdre Kennedy, Teresa Pugliese..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Intelerad Medical Systems, Incorporated, Lumedx Corporation..(Flanagan, Joseph) [Transferred from New York Southern on 4/19/2023.] |
| Filing 17 PROPOSED CASE MANAGEMENT PLAN. Document filed by Deirdre Kennedy, Teresa Pugliese..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
| Filing 16 JOINT LETTER addressed to Judge Lorna G. Schofield from Matthew L. Berman dated 4/12/2023 re: Joint Letter pursuant to Judge's Order dated 2/16/2023 and 3/16/2023. Document filed by Deirdre Kennedy, Teresa Pugliese..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
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Filing 15
ORDER granting #9 Motion for Crystal Woods to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) [Transferred from New York Southern on 4/19/2023.]
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Filing 14
STIPULATION TO WAIVE SERVICE AND RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs DEIRDRE KENNEDY and TERESA PUGLIESE ("Plaintiffs"), by and through their undersigned attorneys Valli Kane & Vagnini LLP, and Defendants LUMEDX CORPORATION and INTELERAD MEDICAL SYSTEMS, INCORPORATED ("Defendants"), by and through its attorneys DLA Piper LLP (US), that: (i) Defendants hereby waive service of process for Plaintiffs' Complaint [Dkt. 1], and (ii) Defendants' deadline to answer or otherwise respond to the Complaint is April 27, 2023. SO ORDERED., Intelerad Medical Systems, Incorporated answer due 4/27/2023; Lumedx Corporation answer due 4/27/2023. (Signed by Judge Lorna G. Schofield on 3/22/2023) (ama) [Transferred from New York Southern on 4/19/2023.]
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Intelerad Medical Systems, Incorporated, Lumedx Corporation..(Flanagan, Joseph) [Transferred from New York Southern on 4/19/2023.] |
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Filing 12
ORDER granting #11 Letter Motion to Adjourn Conference; granting #11 Letter Motion for Extension of Time. Application GRANTED. The initial pretrial conference scheduled for March 29, 2023, is adjourned to April 19, 2023, at 4:20 P.M. The deadline for the parties to file the joint letter and proposed civil case management plan and scheduling order in advance of that conference is extended to April 12, 2023, at noon. ( Initial Conference set for 4/19/2023 at 04:20 PM before Judge Lorna G. Schofield.). (Signed by Judge Lorna G. Schofield on 3/16/2023) (ate) [Transferred from New York Southern on 4/19/2023.]
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| Filing 11 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Joseph J. Flanagan dated March 16, 2023., LETTER MOTION for Extension of Time for joint letter/IPTC Materials addressed to Judge Lorna G. Schofield from Joseph J. Flanagan dated March 16, 2023. Document filed by Intelerad Medical Systems, Incorporated, Lumedx Corporation..(Flanagan, Joseph) [Transferred from New York Southern on 4/19/2023.] |
| Filing 10 NOTICE OF APPEARANCE by Joseph James Flanagan on behalf of Intelerad Medical Systems, Incorporated, Lumedx Corporation..(Flanagan, Joseph) [Transferred from New York Southern on 4/19/2023.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Crystal Woods to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27460288. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 4/19/2023.] |
| Filing 9 MOTION for Crystal Woods to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27460288. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Intelerad Medical Systems, Incorporated, Lumedx Corporation. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Affidavit of Crystal Woods (Ex. B), #3 Text of Proposed Order (Ex. C)).(Woods, Crystal) [Transferred from New York Southern on 4/19/2023.] |
| Filing 8 CERTIFICATE OF SERVICE of Letter with Order served on Crystal Woods on 2/27/2023. Service was made by Mail. Document filed by Deirdre Kennedy, Teresa Pugliese..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
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Filing 7
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on March 29, 2023 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by March 22, 2023 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. DATE AND TIME OF TELEPHONIC CONFERENCE: March 29, 2023 at 4:20 p.m. IPTC MATERIALS DUE: March 22, 2023 at noon., (Telephonic Initial Conference set for 3/29/2023 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/16/2023) (ama) [Transferred from New York Southern on 4/19/2023.]
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Intelerad Medical Systems, Incorporated. (sj) [Transferred from New York Southern on 4/19/2023.] |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Lumedx Corporation. (sj) [Transferred from New York Southern on 4/19/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew L. Berman. The following case opening statistical information was erroneously selected/entered: Cause of Action code (none); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:0206(d); the County code has been modified to Nassau. (sj) [Transferred from New York Southern on 4/19/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(sj) [Transferred from New York Southern on 4/19/2023.] |
| Magistrate Judge Sarah L. Cave is so designated. 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. (sj) [Transferred from New York Southern on 4/19/2023.] |
| Case Designated ECF. (sj) [Transferred from New York Southern on 4/19/2023.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Intelerad Medical Systems, Incorporated, re: #1 Complaint. Document filed by Deirdre Kennedy, Teresa Pugliese..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Lumedx Corporation, re: #1 Complaint. Document filed by Deirdre Kennedy, Teresa Pugliese..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
| Filing 1 COMPLAINT against Intelerad Medical Systems, Incorporated, Lumedx Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-27241734)Document filed by Teresa Pugliese, Deirdre Kennedy..(Berman, Matthew) [Transferred from New York Southern on 4/19/2023.] |
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