Kreutter v. Teladoc Health, Inc. et al
| Chantelle Kreutter and Misty Pickett |
| Brian McAndrews, James Outland, David B. Snow, Jr., Martin R. Felsenthal, Arneek Multani, Mark Hirschhorn, William H. Frist, Thomas G. McKinley, Helen Darling, Jason Gorevic, Kenneth H. Paulus, Michael Goldstein, Thomas Mawhinney, David Shedlarz, Adam C. Vandervoort, Mark D. Smith and Dana G. Mead |
| Teladoc Health, Inc. |
| 1:2019cv05875 |
| June 21, 2019 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Gregory H Woods |
| Stockholders Suits |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 89
CLERK'S JUDGMENT re: #88 Order Adopting Report and Recommendations in favor of Adam C. Vandervoort, Arneek Multani, Brian McAndrews, Dana G. Mead, David Shedlarz, David B. Snow, Jr., Helen Darling, James Outland, Jason Gorevic, Kenneth H. Paulus, Mark Hirschhorn, Mark D. Smith, Martin R. Felsenthal, Michael Goldstein, Thomas Mawhinney, Thomas G. McKinley, William H. Frist against Chantelle Kreutter, Misty Pickett. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion & Order dated September 17, 2021, Judge Moses' thoughtful and well-reasoned R&R is adopted in full. Consequently, the defendants' motion to dismiss is GRANTED without leave to amend; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/17/2021) (Attachments: #1 Right to Appeal) (km)
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Filing 88
MEMORANDUM OPINION & ORDER adopting #82 Report and Recommendations. For the foregoing reasons, the Court adopts Judge Moses' thoughtful and well-reasoned R&R in full. Consequently, the defendants' motion to dismiss is GRANTED without leave to amend. The Clerk of Court is directed to enter judgment for the defendants, to terminate all pending motions, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/17/2021) (vfr) Transmission to Orders and Judgments Clerk for processing.
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Filing 87
NOTICE OF CHANGE OF ADDRESS by Timothy William Brown on behalf of Chantelle Kreutter, Misty Pickett. New Address: The Brown Law Firm, P.C., 767 Third Avenue, Suite 2501, New York, NY, United States 10017, 5169225427..(Brown, Timothy)
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Filing 86
RESPONSE re: #85 Objection to Report and Recommendations . Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Dana G. Mead, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, Mark D. Smith, David B. Snow, Jr., Teladoc Health, Inc., Adam C. Vandervoort..(Soloway, Audra)
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Filing 85
OBJECTION to #82 Report and Recommendations Document filed by Chantelle Kreutter, Misty Pickett..(Sanders, Shane)
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Filing 84
ORDER denying #83 Letter Motion for Extension of Time to File. Application denied. Under Federal Rule of Civil Procedure 59, the default time period in which a party may file objections to a Magistrate Judge's report and recommendation is fourteen days. The Court declines to grant an extension of that time period because the parties have failed to demonstrate good cause for such extension. (Signed by Judge Gregory H. Woods on 4/7/2021) (nb)
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Filing 83
LETTER MOTION for Extension of Time to File Objection to Report and Recommendation addressed to Judge Gregory H. Woods from Shane P. Sanders dated 4/5/2021. Document filed by Chantelle Kreutter, Misty Pickett..(Sanders, Shane)
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Filing 82
REPORT AND RECOMMENDATION TO THE HON. GREGORY H. WOODS re: #73 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. filed by William H. Frist, Helen Darling, Brian McAndrews, Jason Gorevic, Kenneth H. Paulus, James Outland, Dana G. Mead, Teladoc Health, Inc., Thomas Mawhinney, Thomas G. McKinley, David Shedlarz, Mark Hirschhorn, Martin R. Felsenthal, David B. Snow, Jr., Mark D. Smith, Arneek Multani, Michael Goldstein, Adam C. Vandervoort. For the reasons set forth above, I recommend, respectfully, that defendants' motion to dismiss the Joint Amended Complaint should be GRANTED without leave to amend. Objections to R&R due by 4/9/2021 (Signed by Magistrate Judge Barbara C. Moses on 3/26/2021) (jca) (Main Document 82 replaced on 3/29/2021) (cf).
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Filing 81
REPLY MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. . Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Dana G. Mead, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, Mark D. Smith, David B. Snow, Jr., Teladoc Health, Inc., Adam C. Vandervoort..(Soloway, Audra)
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Filing 80
LETTER addressed to Magistrate Judge Barbara C. Moses from Shane P. Sanders dated September 10, 2020 re: Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Document filed by Chantelle Kreutter, Misty Pickett. (Attachments: #1 Teamsters Local 443 Health Services & Insurance Plan, et al. v. Chou, et al. - Opinion).(Sanders, Shane)
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Filing 79
DECLARATION of Shane P. Sanders in Opposition re: #73 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1.. Document filed by Chantelle Kreutter, Misty Pickett. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Sanders, Shane)
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Filing 78
MEMORANDUM OF LAW in Opposition re: #73 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. . Document filed by Chantelle Kreutter, Misty Pickett..(Sanders, Shane)
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Filing 77
ORDER granting #76 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Magistrate Judge Barbara C. Moses on 7/31/20) (yv)
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Set/Reset Deadlines as to #73 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. Responses due by 8/19/2020. Replies due by 9/16/2020. (yv)
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Filing 76
LETTER MOTION for Extension of Time on Briefing Schedule for Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Shane P. Sanders dated 7/30/2020. Document filed by Chantelle Kreutter, Misty Pickett..(Sanders, Shane)
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Filing 75
DECLARATION of Audra J. Soloway in Support re: #73 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1.. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Dana G. Mead, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, Mark D. Smith, David B. Snow, Jr., Teladoc Health, Inc., Adam C. Vandervoort. (Attachments: #1 Exhibit 1 - CBCE (6/17/15), #2 Exhibit 2 - SIRF Report, #3 Exhibit 3 - Board Minutes (11/11/16), #4 Exhibit 4 - Board Minutes (12/3/16), #5 Exhibit 5 - Board Minutes (12/11/18), #6 Exhibit 6 - Form 8-K (12/30/16), #7 Exhibit 7 - Hirschhorn Employment Agreement, #8 Exhibit 8 - Board Minutes (2/23/17), #9 Exhibit 9 - 2017 Proxy, #10 Exhibit 10 - 2018 Proxy, #11 Exhibit 11 - Hirschhorn Separation Agreement, #12 Exhibit 12 - Certificate of Incorporation, #13 Exhibit 13 - Counterclaims (Roots), #14 Exhibit 14 - Stipulation for Dismissal (Roots), #15 Exhibit 15 - Docket (Roots), #16 Exhibit 16 - Glassdoor Article, #17 Exhibit 17 - 2019 Proxy, #18 Exhibit 18 - Board Minutes (12/15/16), #19 Exhibit 19 - Board Minutes (2/23/18), #20 Exhibit 20 - Written Consent (3/21/17), #21 Exhibit 21 - Draft 2017 Proxy, #22 Exhibit 22 - Gorevich and Multani Chart, #23 Exhibit 23 - Gorevich Filings, #24 Exhibit 24 - Multani Filings).(Soloway, Audra)
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Filing 74
MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. . Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Dana G. Mead, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, Mark D. Smith, David B. Snow, Jr., Teladoc Health, Inc., Adam C. Vandervoort..(Soloway, Audra)
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Filing 73
MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Dana G. Mead, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, Mark D. Smith, David B. Snow, Jr., Teladoc Health, Inc., Adam C. Vandervoort..(Soloway, Audra)
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Filing 72
COMPLAINT against Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc., Adam C. Vandervoort, Mark D. Smith, Dana G. Mead. Document filed by Chantelle Kreutter, Misty Pickett. (Attachments: #1 Exhibit A, #2 Exhibit B).(Brown, Timothy)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Timothy William Brown to RE-FILE re: Document No. #71 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the PDF must be titled to correspond with the event type used (Second Amended Complaint); Court's leave has not been granted. Re-file the pleading using the event type Second Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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Filing 71
FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - AMENDED COMPLAINT amending #1 Complaint, #34 Amended Complaint, against Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc. with JURY DEMAND.Document filed by Chantelle Kreutter, Misty Pickett. Related document: #1 Complaint, #34 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B).(Brown, Timothy) Modified on 6/4/2020 (jgo).
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Filing 70
ORDER withdrawing #39 Motion to Dismiss; denying as moot #53 Motion to Intervene. This Order resolves Dkt. No. 39, which is WITHDRAWN WITHOUT PREJUDICE, and Dkt. No. 53, which is DENIED AS MOOT. It is FURTHER ORDERED that the oral argument currently scheduled for June 1, 2020 at 10:00 a.m. is hereby CANCELLED. (Signed by Magistrate Judge Barbara C. Moses on 5/27/2020) (cf)
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Filing 69
PROPOSED STIPULATION AND ORDER. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra)
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Filing 68
MEMO ENDORSEMENT on re: #67 Letter, filed by Thomas Mawhinney, Thomas G. McKinley, William H. Frist, Helen Darling, Brian McAndrews, Mark Hirschhorn, David Shedlarz, Martin R. Felsenthal, Jason Gorevic, Kenneth H. Paulus, James Outland, David B. Snow, Jr., Arneek Multani, Michael Goldstein, Teladoc Health, Inc. ENDORSEMENT: The parties shall promptly file a proposed form of stipulated order, executed by all parties, for approval by the Court. (Signed by Magistrate Judge Barbara C. Moses on 5/21/2020) (cf)
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Filing 67
LETTER addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated May 20, 2020 re: Intervention Motion, Motion to Dismiss, and Joint Proposed Schedule for Further Proceedings. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra)
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Filing 66
ORDER FOR ADMISSION PRO HAC VICE OF GREGORY E. DEL GAIZO granting #64 Motion for Gregory E. Del Gaizo to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/15/2020) (cf)
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Filing 65
ORDER FOR ADMISSION PRO HAC VICE OF SHANE P. SANDERS granting #63 Motion for Shane P. Sanders to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/15/2020) (cf)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Gregory E. Del Gaizo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19824471. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 64
MOTION for Gregory E. Del Gaizo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19824471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Misty Pickett. (Attachments: #1 Affidavit Affidavit of Gregory E. Del Gaizo, #2 Exhibit Exhibit A of Affidavit of Gregory E. Del Gaizo, #3 Text of Proposed Order Proposed Order).(Del Gaizo, Greg)
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Filing 63
MOTION for Shane P. Sanders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19824426. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Misty Pickett. (Attachments: #1 Affidavit Affidavit of Shane P. Sanders, #2 Exhibit Exhibit A to Affidavit of Shane P. Sanders, #3 Text of Proposed Order Proposed Order).(Sanders, Shane)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #63 MOTION for Shane P. Sanders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19824426. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 62
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway and Timothy Brown dated May 8, 2020 re: supplemental authorities pertinent to Defendants' pending motion to dismiss. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra)
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Filing 61
ORDER granting in part and denying in part #54 Letter Motion for Oral Argument; terminating #56 Motion for Extension of Time to File ; terminating #60 Motion for Extension of Time to File. The Court will hear oral argument on Picketts motion to intervene (Dkt. No. 53)on June 1, 2020, at 10:00 a.m., by teleconference. The parties are directed to call (888) 557-8511 a few minutes before the proceeding is scheduled to begin and enter the access code 7746387. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. The parties' deadline to respond Pickett's motion to intervene is EXTENDED to May 21, 2020. Pickett may file a single reply brief no later than May 28, 2020. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 54, 56, and 60. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 5/5/2020) (cf)
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Set/Reset Deadlines: ( Responses due by 5/21/2020, Replies due by 5/28/2020.), Set/Reset Hearings:( Telephone Conference set for 6/1/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (cf)
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Filing 60
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time to File . Document filed by Misty Pickett. (Amon, Thomas) Modified on 6/9/2020 (db).
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Filing 59
LETTER addressed to Magistrate Judge Barbara C. Moses from Audra Soloway dated April 28, 2020 re: Sequencing and Scheduling Matters. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra)
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Filing 57
LETTER addressed to Magistrate Judge Barbara C. Moses from Timothy Brown dated April 28, 2020 re: Letter by Mr. Amon to Judge Moses filed on April 27, 2020. Document filed by Chantelle Kreutter..(Brown, Timothy)
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Filing 58
ORDER: The Court has not yet heard from defendants concerning the scheduling and sequencing issues raised in the letters from Pickett and Kreutter. If defendants wish to be heard, they are directed to set forth their position, in a letter no longer than two pages, no later than Tuesday, April 28, 2020. Any reply letters must be limited to one page apiece and filed no later than Wednesday, April 29, 2010. Thereafter, no further written submissions will be accepted on the matter. (As further set forth in this Order.) (Responses due by 4/28/2020, Replies due by 4/29/2020.) (Signed by Magistrate Judge Barbara C. Moses on 4/27/2020) (cf)
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Filing 56
LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Barbara C. Moses from Thomas G. Amon. Document filed by Misty Pickett..(Amon, Thomas)
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Filing 55
LETTER addressed to Magistrate Judge Barbara C. Moses from Timothy Brown dated April 24, 2020 re: Letter by Mr. Amon to Judge Moses filed earlier this evening on April 24, 2020. Document filed by Chantelle Kreutter..(Brown, Timothy)
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Filing 54
LETTER MOTION for Oral Argument addressed to Magistrate Judge Barbara C. Moses from Thomas G. Amon dated April 23, 2020. Document filed by Misty Pickett..(Amon, Thomas)
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Filing 53
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene . Document filed by Misty Pickett. (Attachments: #1 Appendix Memorandum ISO of Motion, #2 Appendix Declaration of Shane P. Sanders, #3 Exhibit Exhibit A to Shane P. Sanders Declaration, #4 Exhibit Exhibit B to Shane P. Sanders Declaration, #5 Text of Proposed Order Proposed Order).(Amon, Thomas) Modified on 6/1/2020 (db).
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Filing 52
NOTICE OF APPEARANCE by Thomas G. Amon on behalf of Misty Pickett..(Amon, Thomas)
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Filing 51
ORDER SCHEDULING ORAL ARGUMENT: It is hereby ORDERED that the Court will hear oral argument via teleconference on defendants' motion to dismiss (Dkt. No. 39) on May 15, 2020, at 10:30 a.m. At that time, counsel are directed to call (888) 557-8511 and enter the access code 7746387. An audio recording of the teleconference will be made, from which a transcript may be prepared. If the parties wish to have a live court reporter on the teleconference, they may so request, in writing, no later than May 1, 2020. The Court cannot guarantee, however, that a reporter will be available. (As further set forth in this Order.) (Telephone Conference set for 5/15/2020 at 10:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/21/2020) (cf)
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Filing 50
LETTER addressed to Magistrate Judge Barbara C. Moses from Audra Soloway dated April 14, 2020 re: Supplemental Authorities in Support of Defendants' Motion to Dismiss the Amended Complaint. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc.. (Attachments: #1 Exhibit A - Papa John's Opinion, #2 Exhibit B - Lululemon Opinion).(Soloway, Audra)
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Filing 49
REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. . Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc...(Soloway, Audra)
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Filing 48
NOTICE OF APPEARANCE by Saadia Hashmi on behalf of Chantelle Kreutter..(Hashmi, Saadia)
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Filing 47
MEMORANDUM OF LAW in Opposition re: #39 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. . Document filed by Chantelle Kreutter..(Brown, Timothy)
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Filing 46
JOINT STIPULATION AND REVISED SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendants, as follows: 1. The time for Plaintiff to file her opposition to Defendants' motion to dismiss is extended to February 21, 2020. 2. The time for Defendants to file any reply papers is extended to March 20, 2020. ( Responses due by 2/21/2020, Replies due by 3/20/2020.) (Signed by Magistrate Judge Barbara C. Moses on 2/6/2020) (mro)
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Filing 45
LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss for Lack of Standing addressed to Magistrate Judge Barbara C. Moses from Timothy Brown dated February 5, 2020. Document filed by Chantelle Kreutter. (Attachments: #1 Text of Proposed Order Joint Stipulation and Proposed Revised Scheduling Order).(Brown, Timothy)
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Filing 44
PROPOSED SCHEDULING ORDER. Document filed by Chantelle Kreutter. (Brown, Timothy)
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Filing 43
NOTICE OF APPEARANCE by Caitlin Elizabeth Grusauskas on behalf of Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr.. (Grusauskas, Caitlin)
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Filing 42
NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr.. (Kramer, Daniel)
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Filing 41
DECLARATION of Audra J. Soloway in Support re: #39 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1.. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc.. (Attachments: #1 Exhibit 1 - Form 10-K (2/27/19), #2 Exhibit 2 - SIRF Report, #3 Exhibit 3 - 12/17/18 Seeking Alpha Article, #4 Exhibit 4 - 4/10/19 Seeking Alpha Article, #5 Exhibit 5 - 5/16/19 Seeking Alpha Article, #6 Exhibit 6 - Form 8-K (12/30/16), #7 Exhibit 7 - 2017 Proxy, #8 Exhibit 8 - 2018 Proxy, #9 Exhibit 9 - Hirschhorn Separation Agreement, #10 Exhibit 10 - Hirschhorn Employment Agreement, #11 Exhibit 11 - Certificate of Incorporation)(Soloway, Audra)
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Filing 40
MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. . Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc.. (Soloway, Audra)
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Filing 39
MOTION to Dismiss for Lack of Standing Pursuant to Rule 23.1. Document filed by Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc..(Soloway, Audra)
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Filing 38
ORDER: For the reasons stated on the record at today's pre-motion conference, it is hereby ORDERED that: 1. Defendants' motion to dismiss for lack of standing is due no later than December 13, 2019. 2. Plaintiff's opposition papers are due no later than February 7, 2020. 3. Defendants' reply papers are due no later than March 6, 2020. All motions papers should conform to the Individual Practices of Judge Moses. (Motions due by 12/13/2019., Responses due by 2/7/2020, Replies due by 3/6/2020.) (Signed by Magistrate Judge Barbara C. Moses on 11/13/2019) (cf)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Pre-Motion Conference held on 11/13/2019. (Snell, Kevin)
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Filing 37
LETTER addressed to Magistrate Judge Barbara C. Moses from Timothy Brown dated November 7, 2019 re: Plaintiff's Pre-Motion to Dismiss Response Letter. Document filed by Chantelle Kreutter.(Brown, Timothy)
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Filing 36
LETTER addressed to Magistrate Judge Barbara C. Moses from Timothy Brown dated November 6, 2019 re: Plaintiff's Pre-Motion to Dismiss Response Letter. Document filed by Chantelle Kreutter.(Brown, Timothy)
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Filing 35
LETTER addressed to Magistrate Judge Barbara C. Moses from Audra J. Soloway dated October 30, 2019 re: Pre-Motion Conference. Document filed by Teladoc Health, Inc..(Soloway, Audra)
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Filing 34
FIRST AMENDED COMPLAINT amending #1 Complaint, against Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc. with JURY DEMAND.Document filed by Chantelle Kreutter. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Brown, Timothy)
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Filing 33
ORDER: The Court having carefully considered the parties' positions, and for good cause shown, it is hereby ORDERED that plaintiff Kreutter shall file her amended complaint no later than October 16, 2019. Defendants in Kreutter shall file a pre-motion conference letter, limited to four pages (see Moses Ind. Practices 1(d)), no later than October 30, 2019, outlining their proposed standing motion and assuming they still believe that motion should proceed first proposing a briefing schedule. Plaintiff shall file a responding letter, similarly limited to four pages, no later than November 6, 2019. To the extent the Reiner plaintiffs have a distinct position on the scheduling and sequencing issues, they may also submit a letter no later than November 6, 2019. The Court will hold a pre-motion conference on November 13, 2019, at 10:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. Absent any intervening court order, the Kreutter defendants' time to answer or move is extended to the date that will be set at the pre-motion conference. SO ORDERED. (Amended Pleadings due by 10/16/2019., Pre-Motion Conference set for 11/13/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/16/2019) (jca)
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Filing 32
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) and General pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 9/13/2019) (cf)
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Filing 31
ORDER. The Court has entered an order referring this case to Magistrate Judge Moses for general pre-trial. Accordingly, the initial pre-trial conference currently scheduled for September 19, 2019 is adjourned sine die. The Court expects that Judge Moses will reschedule the initial pre-trial conference at a time that is convenient for her schedule. (HEREBY ORDERED by Judge Gregory H. Woods on September 13, 2019) (Text Only Order)(Daniels, Anthony)
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Filing 30
LETTER addressed to Judge Gregory H. Woods from Audra J. Soloway dated 9/12/19 re: Status. Document filed by Teladoc Health, Inc.. (Attachments: #1 Exhibit - Joint Stipulation)(Soloway, Audra)
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Filing 29
PROPOSED STIPULATION AND ORDER. Document filed by Teladoc Health, Inc.. (Soloway, Audra)
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Filing 28
JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Teladoc, as follows: Teladoc shall not be required to answer or otherwise respond to-and is hereby expressly relieved from answering or otherwise responding to-the Complaint until September 16, 2019. SO ORDERED., Teladoc Health, Inc. answer due 9/16/2019. (Signed by Judge Gregory H. Woods on 8/30/2019) (ama)
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Filing 27
JOINT LETTER addressed to Judge Gregory H. Woods from Audra J. Soloway dated August 28, 2019 re: Stipulation and [Proposed] Order.. Document filed by Teladoc Health, Inc..(Soloway, Audra)
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Filing 26
PROPOSED STIPULATION AND ORDER. Document filed by Teladoc Health, Inc.. (Soloway, Audra)
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Filing 25
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teladoc Health, Inc..(Soloway, Audra)
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Filing 24
NOTICE OF APPEARANCE by Caitlin Elizabeth Grusauskas on behalf of Teladoc Health, Inc.. (Grusauskas, Caitlin)
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Filing 23
NOTICE OF APPEARANCE by Audra Jan Soloway on behalf of Teladoc Health, Inc.. (Soloway, Audra)
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Filing 22
NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Teladoc Health, Inc.. (Kramer, Daniel)
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Filing 21
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: September 12, 2019. DATE AND PLACE OF CONFERENCE: September 19, 2019 at 3:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. And as set forth herein. SO ORDERED. Initial Conference set for 9/19/2019 at 03:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/01/2019) (ama)
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CASE ACCEPTED AS RELATED. Create association to 1:18-cv-11603-GHW. Notice of Assignment to follow. (jc)
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NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (jc)
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Magistrate Judge Barbara C. Moses 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)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc.. (pne)
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Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to Jason Gorevic, Mark Hirschhorn, Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Thomas Mawhinney, Thomas G. McKinley, Brian McAndrews, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc., re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (gp)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy William Brown. The party information for the following party/parties has been modified: Chantelle Kreutter. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)
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Case Designated ECF. (gp)
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CASE REFERRED TO Judge Gregory H. Woods as possibly related to 1:18-cv-11603. (gp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Timothy Brown to RE-FILE Document No. #14 Request for Issuance of Summons, #7 Request for Issuance of Summons, #5 Request for Issuance of Summons, #4 Request for Issuance of Summons, #12 Request for Issuance of Summons, #6 Request for Issuance of Summons, #8 Request for Issuance of Summons, #17 Request for Issuance of Summons, #10 Request for Issuance of Summons, #11 Request for Issuance of Summons, #18 Request for Issuance of Summons, #9 Request for Issuance of Summons, #15 Request for Issuance of Summons, #16 Request for Issuance of Summons, #13 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct, missing the Court Name. 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. (gp)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William H. Frist, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 17
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Mawhinney, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 16
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas G. McKinley, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 15
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Teladoc Health, Inc., re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 14
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Goldstein, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 13
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Martin R. Felsenthal, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 12
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Mark Hirschhorn, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 11
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jason Gorevic, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 10
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth H. Paulus, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 9
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to James Outland, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 8
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Helen Darling, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 7
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David Snow, Jr., re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 6
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David Shedlarz, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Brian McAndrews, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Arneek Multani, re: #1 Complaint,. Document filed by Chantelle Kreutter. (Brown, Timothy) Modified on 6/24/2019 (gp).
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Filing 3
CIVIL COVER SHEET filed. (Brown, Timothy)
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Filing 2
RELATED CASE AFFIRMATION re: that this action be filed as related to 1:18-cv-11603. Document filed by Chantelle Kreutter.(Brown, Timothy)
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Filing 1
COMPLAINT against Helen Darling, Martin R. Felsenthal, William H. Frist, Michael Goldstein, Jason Gorevic, Mark Hirschhorn, Thomas Mawhinney, Brian McAndrews, Thomas G. McKinley, Arneek Multani, James Outland, Kenneth H. Paulus, David Shedlarz, David B. Snow, Jr., Teladoc Health, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17125177)Document filed by Chantelle Kreutter.(Brown, Timothy)
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