Tudda v. Northwell Health, Inc. et al
Plaintiff: Andrea Tudda
Defendant: Northwell Health, Inc. and Perry Johnson & Associates, Inc.
Case Number: 2:2023cv09011
Filed: December 7, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Lee G Dunst
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2024 Filing 24 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17511876 by Northwell Health, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit in Support) (Roberts, William)
January 25, 2024 Opinion or Order ORDER granting #19 Motion to Vacate #15 Request for Certificate of Default. Defendant Perry Johnson & Associates, Inc.'s Motion at DE #19 to Vacate the Certificate of Default issued against it (DE #16 ) is GRANTED. Defendant has demonstrated that "good cause" exists to vacate the entry of default pursuant to Fed. R. Civ. P. 55(c). See Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1992). The Clerk of the Court is directed to vacate the default entered against Defendant Perry Johnson & Associates, Inc. at DE #16 . Ordered by Magistrate Judge Lee G. Dunst on 1/25/2024. (CT)
January 23, 2024 Filing 23 RESPONSE to Motion re #19 Letter MOTION to Vacate #15 Request for Certificate of Default filed by Andrea Tudda. (Rothman, Robert)
January 23, 2024 Opinion or Order ORDER: The parties have filed multiple letters over the last few days which have made clear to the Court that there is an unnecessary breakdown in communication, civility, and professional courtesy among the parties. This is incompatible with the parties' obligations and this Court's expectations of the parties. See Individual Practice Rule I.B. ("Good Faith and Professional Conduct"). The Court is placing counsel on notice that it will not tolerate their "mud-slinging fest" in their communications with this Court, and "[c]ounsel are cautioned that continued behavior of this nature will subject them, and their clients, to sanctions." Pet Life, LLC v. KAS Pet, LLC , No. 23-CV-4882, 2023 WL 5807769, at *2 n.9 (E.D.N.Y. Sept 1. 2023); see New Falls Corp v. Soni, No. 16-CV-6805, 2022 WL 17811448, at *15 (E.D.N.Y. Dec. 19, 2022) (cautioning the parties to cease their "needless finger-pointing") (citation omitted). It is hereby ORDERED as follows: 1. Defendant Northwell Health Inc.'s Motion at DE #20 for an Extension of Time to File an Answer and to Adjourn Conference is GRANTED IN PART AND DENIED IN PART. Defendant Northwell's request for a 60-day extension of the deadline to respond to the Complaint is DENIED. However, the current deadline of 1/29/2024 is ADJOURNED sine die and the Court will address the deadline further at the 2/12/2024 Initial Conference (see 12/27/2023 Order). The request to adjourn the 2/12/2024 conference is DENIED. 2. In opposition to Defendant Perry John & Associate, inc.'s Motion to Vacate Request for Certificate of Default (DE #19 ), Plaintiff filed a summary letter that is devoid of any legal analysis. DE #21 . In the event that Plaintiff has a good faith basis for such opposition, Plaintiff shall file a letter (limited to four pages with no exhibits) by 2/7/2024 and shall cite case law (if it exists) in support of its position. See Local Civil Rule 7.1(a)(2). 3. In light of the pending JPML Motion regarding possible coordination and consolidation of more than thirty-nine pending class actions in seven federal districts (DE #20 at 1), the Court hereby VACATES its 12/27/2023 Order solely as to the obligation to submit a proposed discovery plan/scheduling order. The Court will address this further at the 2/12/2024 conference. 4. The Court directs the parties to meet and confer by telephone, video-conference, or in person (and not by email) regarding all of the aforementioned issues and provide the Court with a joint status report by 2/7/2024. 5. The parties shall not file any further submissions (other than what is ordered herein) prior to the 2/12/2024 conference absent a showing of cause. Ordered by Magistrate Judge Lee G. Dunst on 1/23/2024. (CT)
January 22, 2024 Filing 22 RESPONSE in Opposition re #20 MOTION for Extension of Time to File Answer MOTION to Adjourn Conference filed by Andrea Tudda. (Rothman, Robert)
January 22, 2024 Filing 21 RESPONSE in Opposition re #19 Letter MOTION to Vacate #15 Request for Certificate of Default filed by Andrea Tudda. (Rothman, Robert)
January 22, 2024 Filing 20 MOTION for Extension of Time to File Answer , MOTION to Adjourn Conference by Northwell Health, Inc.. (Conniff, Christopher)
January 22, 2024 Opinion or Order ORDER. Plaintiff is hereby directed to respond to DE #19 by 1/29/2024, advising whether Plaintiff consents to Defendant Perry Johnson & Associates, Inc.'s Motion to Vacate Entry of Default (DE #16 ). Ordered by Magistrate Judge Lee G. Dunst on 1/22/2024. (SBE)
January 19, 2024 Filing 19 Letter MOTION to Vacate #15 Request for Certificate of Default by Perry Johnson & Associates, Inc.. (Maxwell, Joel)
January 19, 2024 Opinion or Order ORDER denying #18 Motion to Stay. Defendants' motion at DE #18 to stay this case is DENIED WITHOUT PREJUDICE, in light of Defendant Northwell Health, Inc.'s failure to submit a joint letter pursuant to the undersigned's Individual Practice Rule IV.D.1. Ordered by Magistrate Judge Lee G. Dunst on 1/19/2024. (SBE)
January 18, 2024 Filing 18 MOTION to Stay Action by Northwell Health, Inc.. (Conniff, Christopher)
January 18, 2024 Opinion or Order ORDER denying #17 Motion to Withdraw. The parties' motion at DE #17 to withdraw Plaintiff's request for a Certificate of Default is DENIED WITHOUT PREJUDICE. Per Fed. R. Civ. P. 55(c), "the court may set aside an entry of default for good cause." The parties shall refile a motion per Fed. R. Civ. P. 55(c) if there is "good cause" to vacate DE #16 . Ordered by Magistrate Judge Lee G. Dunst on 1/18/2024. (CT)
January 17, 2024 Filing 17 Joint MOTION to Withdraw #15 Request for Certificate of Default and Defendant shall file Answer to Complaint on or before 1/29/2024 by Perry Johnson & Associates, Inc.. (Maxwell, Joel)
January 17, 2024 Filing 16 VACATED pursuant to 1/25/2024 Electronic Order of Judge Dunst. This entry has been modified on 1/25/2024 to indicate order #16 has been vacated. Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Perry Johnson & Associates, Inc., has failed to appear or otherwise defend this action, the default of defendant Perry Johnson & Associates, Inc., is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT)
January 16, 2024 Filing 15 Request for Certificate of Default by Andrea Tudda (Attachments: #1 Declaration of Robert M. Rothman in Support of Request for Certificate of Default, #2 Certificate of Default) (Rothman, Robert)
December 27, 2023 Opinion or Order ORDER: Magistrate Judge Shields' 12/14/2023 Order is reconfirmed. The Court shall hold an Initial Conference on 2/12/2024 at 10:30AM in Courtroom 830 before Magistrate Lee G. Dunst. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 12/27/2023. (CT)
December 26, 2023 Filing 14 SUMMONS Returned Executed by Andrea Tudda. Perry Johnson & Associates, Inc. served on 11/27/2023, answer due 12/18/2023. (Davidson, Stuart)
December 26, 2023 Filing 13 SUMMONS Returned Executed by Andrea Tudda. Northwell Health, Inc. served on 11/27/2023, answer due 12/18/2023. (Davidson, Stuart)
December 20, 2023 Opinion or Order Filing 12 ORDER OF RECUSAL. Magistrate Judge Anne Y. Shields recused. Case randomly reassigned to Magistrate Judge Lee G. Dunst for all further proceedings. SO Ordered by Magistrate Judge Anne Y. Shields on 12/20/2023. (GO)
December 15, 2023 Filing 11 NOTICE of Appearance by Stuart A. Davidson on behalf of Andrea Tudda (notification declined or already on case) (Davidson, Stuart)
December 15, 2023 Filing 10 NOTICE of Appearance by Alexander Cohen on behalf of Andrea Tudda (aty to be noticed) (Cohen, Alexander)
December 15, 2023 Filing 9 NOTICE of Appearance by Lindsey H. Taylor on behalf of Andrea Tudda (aty to be noticed) (Taylor, Lindsey)
December 15, 2023 Filing 8 MOTION to Appear Pro Hac Vice for Stuart A. Davidson Filing fee $ 150, receipt number ANYEDC-17382401 by Andrea Tudda. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificates of Good Standing, #3 Proposed Order) (Davidson, Stuart)
December 15, 2023 Opinion or Order ORDER granting #8 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 he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 12/15/2023. (DM)
December 14, 2023 Opinion or Order Filing 7 ORDER: An IN-PERSON Initial Conference is set for 2/12/2024 at 10:30 AM in Courtroom 840 before Magistrate Judge Anne Y. Shields. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 12/14/2023. (Attachments: #1 AYS RULES) (JT)
December 12, 2023 Opinion or Order ORDER granting #6 Motion for Extension of Time to File Answer. Defendant Northwell Health, Inc.'s time to answer or otherwise respond to the Complaint is EXTENDED to January 29, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 12/12/2023. (DM)
December 11, 2023 Filing 6 Joint MOTION for Extension of Time to File Response/Reply to Complaint by Northwell Health, Inc.. (Conniff, Christopher)
December 8, 2023 Filing 5 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates related cases. (LJ)
December 8, 2023 Filing 4 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ)
December 8, 2023 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
December 8, 2023 Case Assigned to 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. (LJ)
December 7, 2023 Filing 2 NOTICE by Northwell Health, Inc. Certification of Notice of Filing of Notice of Removal (Conniff, Christopher)
December 7, 2023 Filing 1 NOTICE OF REMOVAL by Northwell Health, Inc. from New York Supreme Court, Nassau County, case number 618932/2023. ( Filing fee $ 405 receipt number BNYEDC-17357636) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Summons and Complaint, #3 Exhibit B - Consent to Removal) (Conniff, Christopher) Modified on 12/8/2023 (LJ).

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Plaintiff: Andrea Tudda
Represented By: Mario Alba, Jr.
Represented By: Robert M. Rothman
Represented By: Samuel H. Rudman
Represented By: Alexander Cohen
Represented By: Lindsey H. Taylor
Represented By: Stuart A. Davidson
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Defendant: Northwell Health, Inc.
Represented By: Christopher Conniff
Represented By: William L Roberts
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Defendant: Perry Johnson & Associates, Inc.
Represented By: Joel Michael Maxwell
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