Cotiviti Holdings, Inc. et al v. McDonald et al
| Cotiviti USA, LLC, Cotiviti Holdings, Inc. and Cotiviti, Inc. |
| Jeffrey martin, ronald jones, kevin mcdonald and Ronald Jones, Jr. |
| 1:2019cv06559 |
| July 15, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Labor: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 42
ORDER denying #40 Letter Motion for Conference. Accordingly, it is hereby: ORDERED that the parties' request for a conference is DENIED. Defendant's request for a stay of discovery is also DENIED. IT IS FURTHER ORDERED that the parties shall meet and confer about the scope of initial discovery pending my ruling on Defendant's motion to dismiss. If they cannot come to an agreement, they may seek court intervention by submitting a joint letter in accordance with Rule 3 of my Individual Rules and Practices in Civil Cases. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/7/2020) (rro)
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| Filing 41 NOTICE OF APPEARANCE by Daniella Adler on behalf of Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Adler, Daniella) |
| Filing 40 JOINT LETTER MOTION for Conference Regarding Discovery addressed to Judge Vernon S. Broderick from A. Michael Weber and Thomas R. Dee dated January 30, 2020. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc..(Weber, A) |
| Filing 39 NOTICE OF APPEARANCE by A Michael Weber on behalf of Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Weber, A) |
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Filing 38
ORDER APPROVING SUBSTITUTION OF PLAINTIFF'S COUNSEL: IT IS HEREBY STIPULATED AND AGREED that the law firm of LITTLER MENDELSON, P.C., shall be substituted as counsel of record for Plaintiffs Cotiviti, Inc., Cotiviti Holdings, Inc. and Cotiviti USA, LLC, in the above-captioned action, in the place and instead of the law firm GORDON REES SCULLY MANSUKHANI, LLP. Said substitution has been effected with the acknowledge and consent of Plaintiffs Cotiviti, Inc. Cotiviti Holdings, Inc. and Cotiviti USA, LLC. SO ORDERED., Attorney Alexander Nemiroff and Harry M Taylor terminated. (Signed by Judge Vernon S. Broderick on 12/04/2019) (ama)
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| Filing 37 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Weber, A) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss First Amended Complaint. . Document filed by Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald. (Dee, Thomas) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: #33 MOTION to Dismiss First Amended Complaint. . Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order, #6 certificate of service)(Nemiroff, Alexander) |
| Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss First Amended Complaint. . Document filed by Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald. (Dee, Thomas) |
| Filing 33 MOTION to Dismiss First Amended Complaint. Document filed by Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald.(Dee, Thomas) |
| Filing 32 EXHIBIT TO PLEADING re: #31 Amended Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc..(Nemiroff, Alexander) |
| Filing 31 FIRST AMENDED COMPLAINT amending #30 Amended Complaint, against Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald.Document filed by Cotiviti Holdings, Inc., Cotiviti, Inc., Cotiviti USA, LLC. Related document: #30 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nemiroff, Alexander) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexander Nemiroff to RE-FILE re: Document No. #30 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the party/parties whom the pleading is against were not selected; the pleading was filed incorrectly on the due date, therefore consent from the opposing party/parties or Court's leave will be required before re-filing the Amended Complaint. Re-file the pleading using the event type 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. (pne) |
| Filing 30 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint, against All Defendants.Document filed by Cotiviti Holdings, Inc., Cotiviti, Inc., Cotiviti USA, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Nemiroff, Alexander) Modified on 10/15/2019 (pne). |
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Filing 29
ORDER granting #28 Motion for Harry Matthew Taylor to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 28 MOTION for Harry Matthew Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17688444. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Text of Proposed Order, #4 Certificate of Service)(Taylor, Harry) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Harry Matthew Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17688444. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 27
ORDER: Accordingly, it is hereby: ORDERED that Plaintiffs shall file any amended complaint by October 14, 2019. It is unlikely that Plaintiffs will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiffs shall serve any opposition to the motion to dismiss by October 23, 2019. Defendants reply, if any, shall be served by November 6, 2019. At the time any reply is served, the moving party shall supply Chambers with two courtesy copies of all motion papers pursuant to my Individual Rules by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Amended Pleadings due by 10/14/2019.) (Signed by Judge Vernon S. Broderick on 9/25/2019) (ne)
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| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the Complaint. . Document filed by Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald. (Dee, Thomas) |
| Filing 25 MOTION to Dismiss the Complaint. Document filed by Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald.(Dee, Thomas) |
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Filing 24
ORDER denying #23 Letter Motion for Local Rule 37.2 Conference. APPLICATION GRANTED. SO ORDERED. Courts apply a "flexible standard of reasonableness and good cause" to requests for discovery prior to a Rule 26(f) conference. Digital Sin, Inc. v. Does 1-176, 279 F.R.D. 239, 241 (S.D.N.Y. 2012) (quoting Ayyash v. Bank Al-Madina, 233 F.R.D. 325, 326-27 (S.D.N.Y. 2005)). Plaintiffs have failed to make the required showing of "reasonableness and good cause." (Signed by Judge Vernon S. Broderick on 9/13/2019) (rro)
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| Filing 23 JOINT LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Vernon S. Broderick from All Parties dated September 11, 2019. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc..(Nemiroff, Alexander) |
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Filing 22
ORDER. It is hereby: ORDERED that the parties are to address all requests in this matter to United States District Judge Vernon S. Broderick. If the parties wish to consent to proceed before the designated magistrate judge, they are directed to file the necessary form, available at http://nysd.uscourts.gov/forms.php. IT IS FURTHER ORDERED that Plaintiffs' request for a pre-motion discovery conference is denied at this time, with leave to renew, on the basis of their failure to adhere to Rule 3 of my Individual Rules and Practices in Civil Cases. As Rule 3 instructs, the parties are directed to meet and confer in accordance with Fed. R. Civ. P. 37(a)(1), and to submit a joint letter outlining their discovery disputes and attempts to meet and confer. If one party refuses to participate in writing a joint letter or does not provide its portion of a joint letter within 72 hours of the opposing party's request, the opposing party may submit a letter without the other's contribution and shall attach a copy of the correspondence seeking that contribution. SO ORDERED. Denying without prejudice to renewal by formal motion #21 LETTER MOTION for Conference to request expedited discovery addressed to Magistrate Judge Ona T. Wang from Alexander Nemiroff dated August 30, 2019. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc. (Signed by Judge Vernon S. Broderick on 9/3/2019) (rjm)
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| Filing 21 LETTER MOTION for Conference to request expedited discovery addressed to Magistrate Judge Ona T. Wang from Alexander Nemiroff dated August 30, 2019. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc..(Nemiroff, Alexander) |
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Filing 20
ORDER granting #18 Motion for Thomas R. Dee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 19
ORDER granting #17 Motion for Alex C. Weinstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 18 MOTION for Thomas R. Dee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17413234. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Dee, Thomas) |
| Filing 17 MOTION for Alex C. Weinstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17413165. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Weinstein, Alex) |
| Filing 16 NOTICE OF APPEARANCE by Daniel Colin Green on behalf of Ronald Jones, Jr., Jeffrey Martin, Kevin McDonald. (Green, Daniel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Thomas R. Dee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17413234. Motion and supporting papers to be reviewed by Clerk's Office staff., #17 MOTION for Alex C. Weinstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17413165. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Ronald Jones, Jr. waiver sent on 7/23/2019, answer due 9/23/2019; Jeffrey Martin waiver sent on 7/23/2019, answer due 9/23/2019; Kevin McDonald waiver sent on 7/23/2019, answer due 9/23/2019. Document filed by Cotiviti Holdings, Inc. ; Cotiviti, Inc.; Cotiviti USA, LLC. (Nemiroff, Alexander) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Ronald Jones, Jr.. (dnh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Jeffrey Martin. (dnh) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Kevin McDonald. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Nemiroff. The party information for the following party/parties has been modified: Ronald Jones. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Ronald Jones, Jr., re: #1 Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Nemiroff, Alexander) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Martin, re: #1 Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Nemiroff, Alexander) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Kevin McDonald, re: #1 Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Nemiroff, Alexander) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cotiviti, Inc. for Cotiviti Holdings, Inc., Cotiviti USA, LLC. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc..(Nemiroff, Alexander) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alexander Nemiroff to RE-FILE Document #7 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Nemiroff to RE-FILE Document No. #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #5 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; the caption on the Summons PDF must exactly match the caption on the pleading (Ronald Jones, Jr.). 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 7 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc..(Nemiroff, Alexander) Modified on 7/17/2019 (ldi). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kevin McDonald, re: #1 Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Nemiroff, Alexander) Modified on 7/17/2019 (dnh). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey Martin, re: #1 Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Nemiroff, Alexander) Modified on 7/17/2019 (dnh). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ronald Jones, re: #1 Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Nemiroff, Alexander) Modified on 7/17/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Nemiroff to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Each summons must be filed separately. Or you can use one summons form and list each party on a separate rider. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Nemiroff. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to McDonald, Jones, Martin, re: #1 Complaint,. Document filed by Cotiviti Holdings, Inc., Cotiviti USA, LLC, Cotiviti, Inc.. (Nemiroff, Alexander) Modified on 7/16/2019 (pc). |
| Filing 2 CIVIL COVER SHEET filed. (Nemiroff, Alexander) |
| Filing 1 COMPLAINT against ronald jones, Jeffrey martin, kevin mcdonald. (Filing Fee $ 400.00, Receipt Number ANYSDC-17243991)Document filed by Cotiviti Holdings, Inc., Cotiviti, Inc., Cotiviti USA, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nemiroff, Alexander) |
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