Hutcheon v. Northwell Health, Inc.
Plaintiff: Maureen Hutcheon
Defendant: Northwell Health, Inc.
Case Number: 2:2024cv00658
Filed: January 30, 2024
Court: US District Court for the Eastern District of New York
Presiding Judge: Lee G Dunst
Referring Judge: Rachel P Kovner
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Property Damage
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2024 Opinion or Order 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)
March 6, 2024 Opinion or Order 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)
March 4, 2024 Opinion or Order 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)
February 20, 2024 Opinion or Order 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)
February 14, 2024 Filing 8 Letter to Judge Kovner in response to the January 12, 2024 letter filed by Israel David LLC by Crystal Brewster Associated Cases: 1:24-md-03096-RPK-LGD et al. (Garber, Todd)
February 14, 2024 Case Reassigned to Judge Rachel P. Kovner and Magistrate Judge Lee G. Dunst. Judge Hector Gonzalez no longer assigned to the case. 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. (TLH)
February 14, 2024 Cases associated. (TLH)
February 8, 2024 Filing 7 Letter (Request for Reassignment) by Maureen Hutcheon (Attachments: #1 JPML Transfer Order, #2 JPML Text Entry) (Rothman, Robert)
February 8, 2024 Opinion or Order ORDER: Per ECF No. #7 , the parties agree that this case is a Tag-Along Action related to the Perry Johnson & Associates data breach litigation recently transferred by the Judicial Panel on Multidistrict Litigation to this District and to be presided over by Judge Rachel P. Kovner. The parties further agree "that it would be appropriate that this action would be reassigned to Judge Kovner to be part of the MDL." Id. Accordingly, the Clerk of Court is hereby respectfully directed to reassign this case to Judge Kovner. Ordered by Judge Hector Gonzalez on 2/8/2024. (RCM)
February 7, 2024 Opinion or Order ORDER: Plaintiff filed a notice of related action before the Judicial Panel on Multidistrict Litigation ("JPML"), indicating that this case is a potential tag-along action. See In re Perry Johnson & Assocs. Med. Transcription Data Sec. Breach Litig., MDL No. 3096, ECF No. 131 (J.P.M.L. 2024). The Clerk of the JPML informed Plaintiff that no further action by the JPML is required pursuant to JPML Rule 7.2(a), see JPML ECF No. 133 , which provides that potential tag-along actions filed in the transferee district (here, the Eastern District of New York) "do not require [JPML] action" and that "[a] party should request assignment of such actions to the Section 1407 transferee judge in accordance with applicable local rules." The panel has assigned the multidistrict litigation to Judge Kovner. See JPML ECF No. 132 . On or before February 16, 2024, Plaintiff shall either request assignmnet of this action to the case now pending before Judge Kovner, No. 24-md-3096, or file a letter explaining why such transfer is not appropriate. Ordered by Judge Hector Gonzalez on 2/7/2024. (RCM)
February 6, 2024 Filing 6 WAIVER OF SERVICE Returned Executed by Maureen Hutcheon. Northwell Health, Inc. waiver sent on 2/6/2024, answer due 4/8/2024. (Rothman, Robert)
January 31, 2024 Filing 5 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (LJ)
January 31, 2024 Filing 4 Summons Issued as to Northwell Health, Inc. (LJ)
January 31, 2024 Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ)
January 31, 2024 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
January 31, 2024 Case Assigned to Judge Hector Gonzalez. 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)
January 31, 2024 Opinion or Order ORDER: Plaintiff shall file a letter no longer than three pages on or before February 21, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/31/2024. (PN)
January 30, 2024 Filing 1 COMPLAINT against Northwell Health, Inc. filing fee $ 405, receipt number ANYEDC-17514193 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Maureen Hutcheon. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rothman, Robert)

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Plaintiff: Maureen Hutcheon
Represented By: Robert M. Rothman
Represented By: Mario Alba, Jr.
Represented By: Samuel H. Rudman
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Defendant: Northwell Health, Inc.
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