Cruz et al v. United States Department of Health and Human Services et al
| Marilyn Walto, Wilnelia Cruz, Luis Torres, Deborah McNeill, Robert Nourse and Susan Jackson |
| United Network for Organ Sharing, Organ Procurement and Transplantation Network and United States Department of Health and Human Services |
| State of Kansas |
| University of Kansas Hospital Authority |
| 1:2018cv06371 |
| July 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Analisa Torres |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 LETTER addressed to Judge Analisa Torres from Jay S. Blumenkopf dated 08-17-2018 re: OPTN. Document filed by United Network for Organ Sharing. (Attachments: #1 Supplement)(Blumenkopf, Jay) |
Filing 27
ORDER: granting #26 Letter Motion to Stay. Plaintiffs' motion to stay, ECF No. 26, is GRANTED. It is hereby ORDERED that: 1. The action is STAYED until December 21, 2018; 2. The initial pretrial conference scheduled for September 17, 2018 is ADJOURNED pending the stay; and 3. By December 21, 2018, the parties shall file a joint status report informing the Court of (a) the steps taken, if any, by Defendant Organ Procurement and Transplantation Network to change its liver allocation policy; and (b) how they wish to proceed in this action. SO ORDERED. (Signed by Judge Analisa Torres on 8/10/2018) (ama)
|
| Case Stayed (ama) |
| Filing 26 LETTER MOTION to Stay Proceeding addressed to Judge Analisa Torres from Motty Shulman dated August 9, 2018. Document filed by Wilnelia Cruz, Susan Jackson, Deborah McNeill, Robert Nourse, Luis Torres, Marilyn Walto.(Shulman, Motty) |
|
Filing 25
ORDER granting #20 Letter Motion for Extension of Time to File Response/Reply. Granted. So Ordered. (Signed by Judge Analisa Torres on 8/6/2018) (js)
|
| Filing 24 NOTICE OF CHANGE OF ADDRESS by Jay S Blumenkopf on behalf of United Network for Organ Sharing. New Address: Gordon Rees Scully Mansukhani, One Battery Plaza, 28th Floor, New York, New York, United States 10004, 212-453-0755. (Blumenkopf, Jay) |
| Filing 23 NOTICE OF APPEARANCE by Jay S Blumenkopf on behalf of United Network for Organ Sharing. (Blumenkopf, Jay) |
| Filing 22 NOTICE OF APPEARANCE by Ryan James Sestack on behalf of United Network for Organ Sharing. (Sestack, Ryan) |
| Filing 21 NOTICE OF APPEARANCE by Mercedes Colwin on behalf of United Network for Organ Sharing. (Colwin, Mercedes) |
| Filing 20 FIRST LETTER MOTION for Extension of Time to File Response/Reply to the pending motions to intervene addressed to Judge Analisa Torres from Jason A. Nagi dated 8/5/18. Document filed by State of Kansas, University of Kansas Hospital Authority. Return Date set for 8/6/2018 at 09:30 AM.(Nagi, Jason) |
| Filing 19 NOTICE OF APPEARANCE by Charles Salim Jacob on behalf of United States Department of Health and Human Services. (Jacob, Charles) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to United States Department of Health and Human Services. (dnh) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health and Human Services through Alex M. Azar II in his official capacity as Secretary of the United States Department of Health and Human Services, re: #4 Complaint,,. Document filed by Wilnelia Cruz, Susan Jackson, Deborah McNeill, Robert Nourse, Luis Torres, Marilyn Walto. (Shulman, Motty) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to United Network for Organ Sharing. (dnh) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Organ Procurement and Transplantation Network. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Motty Shulman to RE-FILE Document No. #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the 'as to' defendant name on the docket entry must exactly match the party of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to United Network for Organ Sharing, re: #4 Complaint,,. Document filed by Wilnelia Cruz, Susan Jackson, Deborah McNeill, Robert Nourse, Luis Torres, Marilyn Walto. (Shulman, Motty) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Organ Procurement Transplantation Network, re: #4 Complaint,,. Document filed by Wilnelia Cruz, Susan Jackson, Deborah McNeill, Robert Nourse, Luis Torres, Marilyn Walto. (Shulman, Motty) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Dept. of Health and Human Services through Alex M. Azar II, re: #4 Complaint,,. Document filed by Wilnelia Cruz, Susan Jackson, Deborah McNeill, Robert Nourse, Luis Torres, Marilyn Walto. (Shulman, Motty) Modified on 7/20/2018 (dnh). |
|
Filing 11
ORDER: To conserve resources, to promote judicial efficiency, and in an effo1i to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by September 10, 2018, e-mail the Orders and Judgments Clerk (judgments@nysd.uscourts.gov) a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge fo1m, available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge, and attached to this order. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. (As further set forth in this order) (Signed by Judge Analisa Torres on 7/19/2018) (ne) Modified on 7/20/2018 (ne).
|
|
Filing 10
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 9/17/2018 at 12:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this order) (Signed by Judge Analisa Torres on 7/19/2018) (ne)
|
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (jc) |
| CASE DECLINED AS NOT SIMILAR. Case referred as similar to 17-cv-9041 and declined by Judge Laura Taylor Swain and returned to wheel for assignment. (jc) |
| Magistrate Judge Henry B. Pitman 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: #http://nysd.uscourts.gov/forms.php. (jc) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Intervene - Notice of Motion for Leave to Intervene as Defendant. . Document filed by University of Kansas Hospital Authority. (Attachments: #1 Declaration of Jason A. Nagi, #2 Exhibit A to Declaration of Jason A. Nagi, #3 Exhibit B to Declaration of Jason A. Nagi)(Nagi, Jason) |
| Filing 8 MOTION to Intervene - Notice of Motion for Leave to Intervene as Defendant. Document filed by University of Kansas Hospital Authority. Return Date set for 8/7/2018 at 09:30 AM.(Nagi, Jason) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Intervene , Notice of Motion for Leave to Intervene as Defendant. . Document filed by State of Kansas. (Attachments: #1 Affidavit Declaration of Jason A. Nagi, #2 Exhibit A)(Nagi, Jason) |
| Filing 6 MOTION to Intervene , Notice of Motion for Leave to Intervene as Defendant. Document filed by State of Kansas. Return Date set for 8/6/2018 at 09:30 AM.(Nagi, Jason) |
| Filing 5 CIVIL COVER SHEET filed. (Shulman, Motty) |
| Filing 4 COMPLAINT against Organ Procurement and Transplantation Network, United Network for Organ Sharing, United States Department of Health and Human Services. Document filed by Marilyn Walto, Deborah McNeill, Susan Jackson, Wilnelia Cruz, Robert Nourse, Luis Torres. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Shulman, Motty) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Reed Daniel Forbush to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): similar case number must be place on corresponding section of pdf; Jury Demand Code - no selection; pdf must be signed by the filing attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Reed Daniel Forbush to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; pleading must be signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Reed Daniel Forbush. The following party/parties has been removed from this case: Alex M. Azar, II. The party was added to the case in error. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Reed Daniel Forbush. The party information for the following party/parties has been modified: Wilnelia Cruz; Susan Jackson; Deborah McNeill; Robert Nourse; Luis Torres; Marilyn Walto; United States Department of Health and Human Services; Organ Procurement and Transplantation Network; United Network for Organ Sharing. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Reed Daniel Forbush. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (jgo) |
| CASE REFERRED TO Judge Laura Taylor Swain as possibly similar to 17-cv-9041. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| Filing 3 RELATED CASE AFFIRMATION of Motty Shulman re: that this action be filed as related to 17-cv-09041 (LTS). Document filed by Wilnelia Cruz, Susan Jackson, Deborah McNeill, Robert Nourse, Luis Torres, Marilyn Walto.(Forbush, Reed) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Forbush, Reed) Modified on 7/16/2018 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY AND SIGNATURE ERROR - COMPLAINT against Alex M. Azar, II, Organ Procurement and Transplantation Network, United Network for Organ Sharing, United States Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number 0208-15320210)Document filed by Marilyn Walto, Deborah McNeill, Susan Jackson, Wilnelia Cruz, Robert Nourse, Luis Torres. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Forbush, Reed) Modified on 7/16/2018 (jgo). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
