Epstein v. Enzo Biochem, Inc. et al
| Eliana Epstein |
| Enzo Biochem, Inc., Enzo Clinical Labs, Inc. and Lab Corporation of America Holdings |
| Tony Johnson, Marie Netrosio, Nino Khakhiashvili, Shana McHugh, Steven Griffin, Mark Guthart, Marjorie Weinman, Jeffrey Abraham, Dorinda Bynum, Margo Kupinska, Izza Hafeez Shah, Elyssa Crimeni, Marquis Simon, Mary Ann Mullane, Gita Garfinkel, Kathryn Mortensen, Robert Pastore, Emily Martorano, Giomar Reyes and Paula Magnani |
| 2:2023cv04282 |
| June 9, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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Filing 58
Letter MOTION for Extension of Time to File Response to Plaintiffs' Complaint by Enzo Biochem, Inc., Enzo Clinical Labs, Inc.. (Feldstein, Robyn)
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Filing 57
NOTICE of Appearance by Kevin Michael Osborne on behalf of Emily Martorano, Robert Pastore, Giomar Reyes (aty to be noticed) (Osborne, Kevin)
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Filing 56
NOTICE of Appearance by Elizabeth A. Kramer on behalf of Emily Martorano, Robert Pastore, Giomar Reyes (aty to be noticed) (Kramer, Elizabeth)
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Filing 55
AMENDED COMPLAINT CONSOLIDATED CLASS ACTION against All Defendants, filed by Tony Johnson, Jeffrey Abraham, Izza Hafeez Shah, Steven Griffin, James Murray, Mary Ann Mullane, Marie Netrosio, Kathryn Mortensen, Paula Magnani, Giomar Reyes, Steven Griffin, Robert Pastore, Eliana Epstein, Shana McHugh, Nino Khakhiashvili, Jeffrey Abraham, Emily Martorano, Dorinda Bynum, Elyssa Crimeni, Mark Guthart, Marquis Simon, Marjorie Weinman, Margo Kupinska, Tony Johnson, Gita Garfinkel, Izza Hafeez Shah, Nino Khakhiashvili, Marjorie Weinman, Kathryn Mortensen, Marie Netrosio, Gita Garfinkel, Margo Kupinska, Paula Magnani, Giomar Reyes, Dorinda Bynum, Mark Guthart, Marquis Simon. (Attachments: #1 Exhibit Exhibit A - Letter, #2 Exhibit Exhibit B - Letter)Associated Cases: 2:23-cv-04282-GRB-AYS, 1:23-cv-04393-GRB, 2:23-cv-04291-GRB-AYS, 2:23-cv-04303-GRB-ARL, 2:23-cv-04315-GRB-AYS, 2:23-cv-04326-GRB-AYS, 2:23-cv-04351-GRB-LGD, 2:23-cv-04364-GRB-AYS, 2:23-cv-04408-GRB-JMW, 2:23-cv-04445-GRB-ARL, 2:23-cv-04474-GRB-ARL, 2:23-cv-04503-MKB-SIL, 2:23-cv-04511-GRB-ST, 2:23-cv-04538-RPK-ARL, 2:23-cv-04573-GRB-AYS, 2:23-cv-04636-GRB-AYS, 2:23-cv-04656-GRB-LGD, 2:23-cv-04749-GRB-AYS, 2:23-cv-05102-GRB-ARL (Pizzirusso, James)
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ORDER granting #54 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 10/26/2023. (DM)
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Filing 54
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17214218 by Izza Hafeez Shah. (Attachments: #1 Affidavit in Support Affidavit in Support of the Motion, #2 Exhibit Certificate of Good Standing Supreme Ct of NC) (Martin, Jean)
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ORDER granting #53 Motion to Adjourn Conference: Upon the parties' joint request, the initial conference scheduled for October 12, 2023 is adjourned to December 14, 2023 at 10:30 a.m., by telephone. Lead counsel for Plaintiffs and Defendants' counsel shall call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. Counsel are reminded to comply with Docket Entry #6 prior to the initial conference. So Ordered by Magistrate Judge Anne Y. Shields on 10/9/2023. (DM)
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Filing 53
Letter MOTION to Adjourn Conference Scheduled for October 12, 2023 by Enzo Biochem, Inc., Enzo Clinical Labs, Inc.. (Feldstein, Robyn)
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ORDER finding as moot #21 Motion for Extension of Time to File Response/Reply re #21 MOTION for Extension of Time to File Response/Reply. Ordered by Judge Gary R. Brown on 10/5/2023. (LJ)
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Filing 52
ORDER denying #7 Motion to Consolidate Cases; granting in part and denying in part #27 Motion to Appoint Counsel ; denying #28 Motion to Appoint Counsel ; denying #29 Motion to Appoint Counsel ; denying #31 Motion to Appoint Counsel: For the reasons contained in the attached Memorandum and Opinion, the Magnani Movants' motion for appointment of interim class counsel is granted in part and denied in part and the motions by the Epstein Movants, Wohl, Kupinska, and the Garfinkel Movants for such appointment are denied. As previously directed by Judge Brown, Plaintiffs shall file a Consolidated Amended Complaint within forty-five days of the date of this Order. So Ordered by Magistrate Judge Anne Y. Shields on 9/29/2023. (DM)
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ORDER granting #51 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 9/26/2023. (DM)
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Filing 51
MOTION to Appear Pro Hac Vice for Plaintiff Shana McHugh Filing fee $ 150, receipt number ANYEDC-17109510 by Shana McHugh. (Almeida, David)
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ORDER denying #50 Motion for Leave to Appear Pro Hac Vice: Local Civil Rule 1.3(c) requires a certificate of good standing "for each of the states in which the applicant is a member of the bar." Here, the application states that the movant is admitted to the bar in New York, Illinois and Wisconsin. However, only a certificate of good standing for the state of New York is attached to the application. If the movant is admitted in Illinois and Wisconsin, certificates of good standing are required for those states as well. Accordingly, the application is denied without prejudice to renewal. So Ordered by Magistrate Judge Anne Y. Shields on 9/6/2023. (DM)
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ORDER granting #49 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 9/6/2023. (DM)
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ORDER granting #48 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 9/5/2023. (DM)
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ORDER granting #47 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 8/31/2023. (DM)
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ORDER granting #46 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 8/31/2023. (DM)
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Filing 47
MOTION to Appear Pro Hac Vice Andrew R. Tate Filing fee $ 150, receipt number ANYEDC-17039835 by Eliana Epstein. (Tate, Andrew)
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Filing 46
MOTION to Appear Pro Hac Vice Amy E. Keller Filing fee $ 150, receipt number ANYEDC-17038267 by Paula Magnani. (Attachments: #1 Affidavit AEK - Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit AEK - IL COGS, #3 Exhibit AEK - MI COGS) (Keller, Amy)
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Case Consolidated with Case 2:23-cv-05102-GRB-ARL pursuant to 8/8/2023 Order. (GO)
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ORDER granting #44 Motion to Consolidate Cases. The parties' stipulation consolidating 23-CV-5102 into the Consolidated Action is hereby SO ORDERED. All further filings shall be made in the Consolidated Action, 23-CV-4282. Ordered by Judge Gary R. Brown on 8/8/2023. (MR)
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Filing 44
MOTION to Consolidate Cases (Stipulation Concerning Consolidation with In Re Enzo Biochem Data Security Litigation) by Enzo Biochem, Inc., Enzo Clinical Labs, Inc.. (Feldstein, Robyn)
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ORDER denying #43 Motion for Leave to Appear Pro Hac Vice: Local Civil Rule 1.3(c) requires a certificate of good standing, issued within the last thirty days, from each state in which the applicant is admitted to practice law. While movant's affidavit states she is admitted to practice in both Florida and Pennsylvania, only a certificate of good standing for Florida has been provided. Moreover, the certificate of good standing from Florida is more than thirty days old. Movant may renew her application upon submission of an updated certificate of good standing from Florida, issued within the last thirty days, as well as a timely certificate of good standing from Pennsylvania. So Ordered by Magistrate Judge Anne Y. Shields on 7/28/2023. (DM)
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Filing 43
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16934764 by Izza Hafeez Shah. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing) (Burne, Francesca)
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Filing 42
NOTICE of Appearance by James Pizzirusso on behalf of Paula Magnani (notification declined or already on case) Associated Cases: 2:23-cv-04282-GRB-AYS, 2:23-cv-04749-GRB-AYS (Pizzirusso, James)
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ORDER granting #40 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 7/17/2023. (DM)
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ORDER granting #39 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 7/17/2023. (DM)
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Filing 41
WAIVER OF SERVICE Returned Executed by Eliana Epstein. Lab Corporation of America Holdings waiver sent on 7/13/2023, answer due 9/11/2023. (Borrelli, Raina)
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Filing 40
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16889696 by Enzo Biochem, Inc., Enzo Clinical Labs, Inc.. (Attachments: #1 Affidavit of Paul Karlsgodt in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - Colorado, #3 A - Certificates of Good Standing - Washington) (Karlsgodt, Paul)
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Filing 39
Notice of MOTION to Appear Pro Hac Vice of James J. Pizzirusso Filing fee $ 150, receipt number NYEDC-16888537 by Paula Magnani. (Attachments: #1 Affidavit Affidavit ISO PHV, #2 Exhibit EX A Certificate) Associated Cases: 2:23-cv-04282-GRB-AYS, 2:23-cv-04749-NRM-AYS (Pizzirusso, James)
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Filing 38
NOTICE of Appearance by Jeffrey Kevin Brown on behalf of Mark Guthart (aty to be noticed) (Brown, Jeffrey)
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ORDER denying #33 Motion for Leave to Appear Pro Hac Vice: Local Civil Rule 1.3(c) requires a "certificate of the court for each of the states inwhich the applicant is a member of the bar." The application submitted contains only a certificate of good standing from the Southern District of California, which does not comply with the requirements of Local Civil Rule 1.3(c). The application is denied, without prejudice to renewal. So Ordered by Magistrate Judge Anne Y. Shields on 7/13/2023. (DM)
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ORDER finding as moot #34 Motion for Extension of Time to Answer: The application is moot in light of the consolidation order issued at Docket Entry #25 . So Ordered by Magistrate Judge Anne Y. Shields on 7/13/2023. (DM)
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ORDER granting #36 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 7/13/2023. (DM)
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ORDER denying #35 Motion for Extension of Time to Answer: The application is moot in light of the consolidation order issued at Docket Entry #25 . So Ordered by Magistrate Judge Anne Y. Shields on 7/13/2023. (DM)
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Filing 37
NOTICE of Appearance by Jessica Huse Fernandez on behalf of Enzo Biochem, Inc., Enzo Clinical Labs, Inc. (aty to be noticed) (Fernandez, Jessica)
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Filing 36
MOTION to Appear Pro Hac Vice (Motion was pending on closed member case 23cv4393 - See DE 11 for further details) by Marjorie Weinman. (JC)
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Filing 32
NOTICE by Paula Magnani re #27 MOTION to Appoint Counsel and Memorandum of Law in Support of (Nathan, Steven)
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SCHEDULING ORDER: Pursuant to Judge Brown's Individual Rules, all non-dispositive motions are automatically referred to the assigned Magistrate Judge. This includes motions to appoint lead counsel. Accordingly, the moving party for each motion to appoint lead counsel filed herein shall provide this Court with courtesy copies of all motion papers for their respective motions within two (2) weeks. So Ordered by Magistrate Judge Anne Y. Shields on 7/11/2023. (DM)
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Case Consolidated. (JC)
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Filing 31
MOTION to Appoint Counsel by Gita Garfinkel, Dorinda Bynum. (Attachments: #1 Memorandum of Law In Support of Leadership Application, #2 Declaration of James E. Cecchi, Esq., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Text of Proposed Order) (Cecchi, James)
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Filing 30
AFFIDAVIT/DECLARATION in Support re #29 MOTION to Appoint Counsel filed by Margo Kupinska. (Attachments: #1 Exhibit 1 - Firm Resume) (Feldman, Lori)
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Filing 29
MOTION to Appoint Counsel by Margo Kupinska. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Feldman, Lori)
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Filing 28
MOTION to Appoint Counsel by Plaintiff Melanie Wohl (Case No. 2:23-cv-4770) by Eliana Epstein. (Attachments: #1 Memorandum of Law in Support of Motion to Appoint Katrina Carroll of Lynch Carpenter, LLP as Interim Lead Class Counsel, #2 Ex. A, #3 Ex. B, #4 Proposed Order) (Corrigan, Jeffrey)
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Filing 27
MOTION to Appoint Counsel and Memorandum of Law in Support of by Paula Magnani. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (Nathan, Steven)
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Filing 26
NOTICE of Appearance by Steven M. Nathan on behalf of Paula Magnani (aty to be noticed) (Nathan, Steven)
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Filing 25
ORDER finding as moot #22 and granting #23 Motion to Consolidate Cases: NOW, THEREFORE, the undersigned parties, through their attorneys and subject to the Court's approval, stipulate and agree to the following: 1. The following related actions shall be consolidated for all purposes: SEE ATTACHED ORDER FOR FURTHER DETAILS. The Epstein case is designated as the lead case. All papers filed in the Consolidated Action shall be filed under Case No. 2:23-4282 and shall bear the following caption: SEE ATTACHED. All future actions filed in, or transferred to, this District that are related to this Consolidated Action shall be consolidated in the consolidated action, In re Enzo Biochem Data Security Litig., 2:23-4282, upon stipulation of the parties. 3. Any additional motions for the appointment of interim class counsel shall be filed on July 10th 2023.4. I Counsel for plaintiffs and Defendant do not intend to file responses to any motion for appointment of interim class counsel and therefore briefing on the motions to appoint interim class couniel under Fed. R. Civ. P. 23(g) will be complete as of July 10, 2023. Defendants shall be relieved from responding to the initial complaints filed in the above-captioned actions until the Court issues an Order on the appointment of interim lead class counsel. 6. Plaintiffs shall file a Consolidated Amended Complaint within forty-five (45) days from entry of the Order appointing interim lead class counsel. All Pending and future cases shall remain open until resolution of lead case. SEE ATTACHED. So Ordered by Judge Gary R. Brown on 7/10/2023. (JC)
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Filing 35
Letter MOTION for Extension of Time to File Answer re #1 Complaint, (Motion was pending on closed member case 23cv4291 - See DE 12 for further details) by Lab Corporation of America Holdings. (JC)
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Filing 34
Letter MOTION for Extension of Time to File Answer to the complaint (Motion was pending on closed member case 23cv4393 - See DE 9 for further details) by Enzo Biochem, Inc.. (JC)
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Filing 33
MOTION to Appear Pro Hac Vice (Motion was pending on closed member case 23cv4573 - See DE 12 for further details) by Mary Ann Mullane. (JC)
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Filing 24
Notice of Related Case: The Civil Cover Sheet filed civil action 23cv4770(GRB)(ARL) indicates this is a related case. (LJ)
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Filing 23
Joint MOTION to Consolidate Cases - Corrected by Eliana Epstein. (Borrelli, Raina)
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Filing 22
Joint MOTION to Consolidate Cases (Stipulation Concerning Consolidation and to Set a Briefing Schedule Regarding Additional Applications for Appointment of Interim Lead Counsel) by Eliana Epstein. (Borrelli, Raina)
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Filing 21
Letter MOTION for Extension of Time to File Response/Reply Requesting an Extension of all Pending Deadlines by Enzo Biochem, Inc., Enzo Clinical Labs, Inc., Lab Corporation of America Holdings (Feldstein, Robyn) Modified on 6/26/2023 to edit to a motion(JC).
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Filing 20
NOTICE of Appearance by Raina C Borrelli on behalf of Eliana Epstein (notification declined or already on case) (Borrelli, Raina)
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Filing 19
Corporate Disclosure Statement by Enzo Clinical Labs, Inc. identifying Corporate Parent Enzo Biochem, Inc. for Enzo Clinical Labs, Inc.. (Feldstein, Robyn)
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Filing 18
NOTICE of Appearance by Peter William Bautz on behalf of Lab Corporation of America Holdings (aty to be noticed) (Bautz, Peter)
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Filing 17
Corporate Disclosure Statement by Enzo Biochem, Inc. (Feldstein, Robyn)
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Filing 16
WAIVER OF SERVICE Returned Executed by Eliana Epstein. Enzo Biochem, Inc. waiver sent on 6/23/2023, answer due 8/22/2023; Enzo Clinical Labs, Inc. waiver sent on 6/23/2023, answer due 8/22/2023. (Borrelli, Raina)
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Filing 15
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. As indicated on the civil cover sheet on case 23-cv-4636 (DG)(JMW). (AC) (Main Document 15 replaced on 6/23/2023) (AC).
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Filing 14
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. As indicated on the civil cover sheet in case 23-cv-4538 (RPK)(ARL). (AC)
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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 6/23/2023. (DM)
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Filing 13
MOTION to Appear Pro Hac Vice of Raina C. Borrelli Filing fee $ 150, receipt number ANYEDC-16823929 by Eliana Epstein. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (Borrelli, Raina)
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Filing 12
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 23-cv-04573-PKC-SIL (CL)
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Filing 11
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 23-cv-04503-MKB-SIL (CL)
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Filing 10
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 23-cv-04474-JMA-JMW (CL)
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Filing 9
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 23-CV-4445(JMA)(JMW). (CL)
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Filing 8
NOTICE of Appearance by Robyn Mara Feldstein on behalf of Enzo Biochem, Inc., Enzo Clinical Labs, Inc. (aty to be noticed) (Feldstein, Robyn)
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Filing 7
MOTION to Consolidate Cases and Appoint Interim Co-Lead Class Counsel by Eliana Epstein. (Attachments: #1 Memorandum in Support, #2 Declaration in Support of Motion, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Proposed Order) (Bilsborrow, James)
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Filing 6
ORDER: Initial Conference set for 10/12/2023 at 12:00 PM before Magistrate Judge Anne Y. Shields. The parties are directed to call the AT&T Teleconferencing Center at (877) 810-9415 and to enter Access Code 9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 6/15/2023. (Attachments: #1 AYS Rules) (JT)
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Filing 5
Notice of Related Case: The Civil Cover Sheet filed in civil action 23cv4408(NRM)(JMW) indicates this is a related case. (LJ)
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Filing 4
Notice of Related Case: The Civil Cover Sheet filed in civil action 23cv4351(NRM)(LGD) indicates this is a related case. (LJ)
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Filing 3
Summons Issued as to All Defendants. (Attachments: #1 Summons #2, #2 Summons #3) (CL)
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Filing 2
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. (CL)
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This attorney case opening filing has been checked for quality control. (CL)
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Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL)
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Filing 1
COMPLAINT against Enzo Biochem, Inc., Enzo Clinical Labs, Inc., Lab Corporation of America Holdings filing fee $ 402, receipt number ANYEDC-16783484 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Eliana Epstein. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Exhibit A) (Bilsborrow, James)
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