Coleman et al v. Optum Inc. et al

Coleman et al v. Optum Inc. et al

Plaintiff:	VERNAIZE K COLEMAN, CYNTHIA HOLMES, DANIELA PORCINO, Rebecca Angulo, Terry Powell, NANCY SHUSTERMAN and Vernaize K. Coleman
Defendant:	Optum Inc., INSIGHT GLOBAL,LLC, Apex Systems, Inc., EQUITY STAFFING GROUP, INC., Adecco USA, Inc., NEW YORK CITY HEALTH and HOSPITALS CORPORATON,, Insight Global, LLC, Equity Staffing Group and New York City Health And Hospitals Corporation
Case Number:	1:2022cv05664
Filed:	July 1, 2022
Court:	US District Court for the Southern District of New York
Presiding Judge:	Andrew L Carter
Nature of Suit:	Labor: Other
Cause of Action:	29 U.S.C. § 2101 Worker Adjustment and Retraining Notification Act
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 14, 2023	Filing 96 MEMO ENDORSEMENT on re: #95 Status Report filed by Vernaize K. Coleman, Cynthia Holmes. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/14/2023) (ate)
November 14, 2023	Filing 95 STATUS REPORT. Document filed by Vernaize K. Coleman, Cynthia Holmes..(Raisner, Jack)
October 10, 2023	Filing 94 NOTICE OF APPEARANCE by Ernst Bonaparte on behalf of New York City Health And Hospitals Corporation..(Bonaparte, Ernst)
October 1, 2023	Filing 93 OPINION & ORDER re: #58 MOTION to Compel Arbitration or Alternatively, to Dismiss the Complaint. filed by Equity Staffing Group, #61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6). MOTION to Compel Arbitration . filed by Insight Global, LLC, #66 MOTION to Dismiss and Compel Arbitration. filed by Adecco USA, Inc., #53 MOTION to Compel Arbitration . MOTION to Dismiss Complaint. filed by Apex Systems, Inc. For the reasons set forth by the Court, Defendants' motions to compel arbitration of Plaintiffs Angulo, Porcine, Powell, and Shusterman's claims against Defendants Adecco, Apex, ESG, and Insight, ECF Nos. 53, 58, 61, 66, are hereby GRANTED. In the case of Adecco, Apex, and Insight case, the class action waiver bars Plaintiffs' representative claims. Because the employment agreement of ESG does not contain a class action waiver, Powell is not baned from pursuing a representative claim in arbitration. As to the remaining claims, Defendant's motion to dismiss Plaintiffs Coleman and Holmes' federal and N.Y. WARN Act claims against Optum, ECF No. 56, is GRANTED for failure to state liability under the single employer doctrine. Defendant H+H's motion to dismiss Plaintiffs Coleman and Holmes' WTPA claims against H+H, ECF No. 50, is DENIED. Plaintiffs are DENIED leave to amend their Complaint. Regarding plaintiffs Angulo, Porcine, Powell, and Shusterman, this case is stayed a pending resolution of the arbitration. The parties shall provide a status report within 30 days of the completion of the arbitration or within six months of the date of this order, whichever is sooner. Regarding Coleman and Holmes' claims against H+H, the parties are encouraged to engage in settlement discussions. These parties should provide a joint status report within 45 days of the filing of this order, indicating whether they have settled or would like the assistance of a magistrate judge or court-annexed mediation to assist them. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/29/23) (yv)
March 28, 2023	Filing 92 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from counsel for Defendants Insight Global, LLC, Apex Systems, Inc., Equity Staffing Group, Inc., and Adecco USA, Inc. dated March 27, 2023 re: Joinder with Defendant Optum, lnc.'s March 23, 2023 Notice of Supplemental Authority (ECF 90). Document filed by Insight Global, LLC..(Fabian, Shawn)
March 23, 2023	Filing 91 RESPONSE re: #90 Notice (Other) PLAINTIFFS' RESPONSE TO DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
March 23, 2023	Filing 90 NOTICE of Supplemental Authority re: #56 MOTION to Dismiss The Complaint.. Document filed by Optum Inc.. (Attachments: #1 Exhibit A- Joseph Kinney v. Public Consulting Group, Inc, et al. Decision).(Smith, Cameron)
January 27, 2023	NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Jennifer L. Rochon is no longer assigned to the case. (vba)
January 25, 2023	NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Andrew L. Carter, Jr is no longer assigned to the case. (tro)
January 20, 2023	Filing 89 REPLY MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6). MOTION to Compel Arbitration . . Document filed by Insight Global, LLC..(Fabian, Shawn)
January 20, 2023	Filing 88 REPLY MEMORANDUM OF LAW in Support re: #58 MOTION to Compel Arbitration or Alternatively, to Dismiss the Complaint. . Document filed by Equity Staffing Group..(Traub, Amy)
January 20, 2023	Filing 87 REPLY MEMORANDUM OF LAW in Support re: #66 MOTION to Dismiss and Compel Arbitration. . Document filed by Adecco USA, Inc...(Goldstein, Daniel)
January 20, 2023	Filing 86 DECLARATION of Cameron Smith in Support re: #56 MOTION to Dismiss The Complaint.. Document filed by Optum Inc.. (Attachments: #1 Exhibit 1 - Piron Amended Complaint).(Smith, Cameron)
January 20, 2023	Filing 85 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss The Complaint. . Document filed by Optum Inc...(Smith, Cameron)
January 20, 2023	Filing 84 REPLY MEMORANDUM OF LAW in Support re: #53 MOTION to Compel Arbitration . MOTION to Dismiss Complaint. . Document filed by Apex Systems, Inc...(Bost Seaton, Christina)
January 18, 2023	Filing 83 SUPPLEMENTAL BRIEF re: #80 Reply Memorandum of Law in Support of Motion PLAINTIFFS' SURREPLY IN OPPOSITION TO DEFENDANT NEW YORK CITY HEALTH AND HOSPITALS CORPORATION'S MOTION TO DISMISS. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
January 18, 2023	Filing 82 ORDER granting #81 Letter Motion for Leave to File Document. Plaintiffs are granted leave to file their 4-page surreply. Plaintiffs may file their surreply by Jan. 19, 2023 if they require more time to finalize their briefing. (Signed by Judge Andrew L. Carter, Jr on 1/18/2023) (ate)
January 18, 2023	Set/Reset Deadlines: Surreplies due by 1/19/2023. (ate)
January 17, 2023	Filing 81 LETTER MOTION for Leave to File Surreply Regarding HHC Motion addressed to Judge Andrew L. Carter, Jr. from Jack A. Raisner dated 01/17/2023. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
January 12, 2023	Filing 80 REPLY MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss . . Document filed by New York City Health And Hospitals Corporation..(Barker, Kami)
January 11, 2023	Filing 79 ORDER granting #78 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/11/2023) (ate)
January 11, 2023	Filing 78 LETTER MOTION for Extension of Time to File Defendants Equity Staffing Group, Inc., Optum, Inc., Insight Global, LLC, Apex Systems, Inc. and Adecco USA, Inc.'s Reply Briefs on their Motions to Compel Arbitration and/or Motions to Dismiss addressed to Judge Andrew L. Carter, Jr. from Justin A. Guilfoyle dated January 11, 2023. Document filed by Equity Staffing Group..(Guilfoyle, Justin)
January 11, 2023	Set/Reset Deadlines: Replies due by 1/20/2023. (ate)
January 9, 2023	Filing 77 RESPONSE in Opposition to Motion re: #50 MOTION to Dismiss . PLAINTIFFS' OPPOSITION TO DEFENDANT NEW YORK CITY HEALTH AND HOSPITALS CORPORATION'S MOTION TO DISMISS. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
January 9, 2023	Filing 76 BRIEF re: #75 Response in Opposition to Motion,,, AFFIRMATION OF JACK A. RAISNER, ESQ. IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTIONS TO DISMISS AND/OR COMPEL ARBITRATION. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Raisner, Jack)
January 9, 2023	Filing 75 RESPONSE in Opposition to Motion re: #58 MOTION to Compel Arbitration or Alternatively, to Dismiss the Complaint., #61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6). MOTION to Compel Arbitration ., #66 MOTION to Dismiss and Compel Arbitration., #53 MOTION to Compel Arbitration . MOTION to Dismiss Complaint., #56 MOTION to Dismiss The Complaint. CORRECTED PLAINTIFFS' COMBINED OPPOSITION TO DEFENDANTS OPTUM, INSIGHT, APEX, EQUITY AND ADECCO'S MOTIONS TO DISMISS AND/OR COMPEL ARBITRATION. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
January 9, 2023	Filing 74 RESPONSE to Motion re: #58 MOTION to Compel Arbitration or Alternatively, to Dismiss the Complaint., #61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6). MOTION to Compel Arbitration ., #66 MOTION to Dismiss and Compel Arbitration., #53 MOTION to Compel Arbitration . MOTION to Dismiss Complaint., #56 MOTION to Dismiss The Complaint. PLAINTIFFS' COMBINED OPPOSITION TO DEFENDANTS OPTUM, INSIGHT, APEX, EQUITY AND ADECCO'S MOTIONS TO DISMISS AND/OR COMPEL ARBITRATION. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
January 6, 2023	Filing 73 ORDER granting #72 Letter Motion for Leave to File Excess Pages. For good cause shown, the Plaintiffs' Motion to Exceed Page Limits is hereby GRANTED, and it is hereby ORDERED that Plaintiffs are permitted to file a combined response to five of the Defendants' Motions to Dismiss in excess of 25 pages, as prescribed by Local Rule 7.1(d). (Signed by Judge Andrew L. Carter, Jr on 1/6/2023) (ate)
January 6, 2023	Filing 72 LETTER MOTION for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from Jack A. Raisner dated 01/06/2023. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman. (Attachments: #1 Text of Proposed Order Proposed Order).(Raisner, Jack)
December 22, 2022	Filing 71 ORDER granting #70 Motion for Amanda M. Weaver to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 12/22/2022) (ate)
December 22, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 MOTION for Amanda Michael Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
December 21, 2022	Filing 70 MOTION for Amanda Michael Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apex Systems, Inc.. (Attachments: #1 Affidavit Declaration of Amanda M. Weaver, Esq., #2 Exhibit Good Standing Certificate from Supreme Court of Virginia, #3 Text of Proposed Order Proposed Order).(Bost Seaton, Christina)
December 20, 2022	Filing 69 DECLARATION of Daniel S. Goldstein in Support re: #66 MOTION to Dismiss and Compel Arbitration.. Document filed by Adecco USA, Inc.. (Attachments: #1 Exhibit A - Johnson v Adecco USA, #2 Exhibit B - Gesenhues v Adecco USA, #3 Exhibit C - Parker v Adecco USA).(Goldstein, Daniel)
December 20, 2022	Filing 68 DECLARATION of Rachel Prentiss in Support re: #66 MOTION to Dismiss and Compel Arbitration.. Document filed by Adecco USA, Inc.. (Attachments: #1 Exhibit A - Electronic Signature Agreement, #2 Exhibit B - Dispute Resolution Agreement).(Goldstein, Daniel)
December 20, 2022	Filing 67 MEMORANDUM OF LAW in Support re: #66 MOTION to Dismiss and Compel Arbitration. . Document filed by Adecco USA, Inc...(Goldstein, Daniel)
December 20, 2022	Filing 66 MOTION to Dismiss and Compel Arbitration. Document filed by Adecco USA, Inc...(Goldstein, Daniel)
December 20, 2022	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #52 MOTION for Amanda M. Weaver, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27105109. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
December 19, 2022	Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Compel Arbitration and Dismiss Complaint. Document filed by Adecco USA, Inc.. (Attachments: #1 Affidavit Declaration of Rachel Prentiss, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Affidavit Declaration of Daniel Goldstein, #5 Exhibit Exhibit A, #6 Exhibit Exhibit B, #7 Exhibit Exhibit C, #8 Supplement Memorandum of Law in Support of Motion).(Goldstein, Daniel) Modified on 12/20/2022 (lb).
December 19, 2022	Filing 64 DECLARATION of Sylvia Peat in Support re: #61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6). MOTION to Compel Arbitration .. Document filed by Insight Global, LLC. (Attachments: #1 Exhibit A - Employment Agreement).(Fabian, Shawn)
December 19, 2022	Filing 63 DECLARATION of Shawn Fabian in Support re: #61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6). MOTION to Compel Arbitration .. Document filed by Insight Global, LLC. (Attachments: #1 Exhibit A - Complaint).(Fabian, Shawn)
December 19, 2022	Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6). MOTION to Compel Arbitration . . Document filed by Insight Global, LLC..(Fabian, Shawn)
December 19, 2022	Filing 61 MOTION to Dismiss pursuant to the Federal Arbitration Act and/or Federal Rule of Civil Procedure 12(b)(6).( Responses due by 1/9/2023), MOTION to Compel Arbitration . Document filed by Insight Global, LLC..(Fabian, Shawn)
December 19, 2022	Filing 60 MEMORANDUM OF LAW in Support re: #58 MOTION to Compel Arbitration or Alternatively, to Dismiss the Complaint. . Document filed by Equity Staffing Group..(Traub, Amy)
December 19, 2022	Filing 59 DECLARATION of Anastasia Moore in Support re: #58 MOTION to Compel Arbitration or Alternatively, to Dismiss the Complaint.. Document filed by Equity Staffing Group. (Attachments: #1 Exhibit A-Terry Powell's Consultant Employment Agreement).(Traub, Amy)
December 19, 2022	Filing 58 MOTION to Compel Arbitration or Alternatively, to Dismiss the Complaint. Document filed by Equity Staffing Group..(Traub, Amy)
December 19, 2022	Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss The Complaint. . Document filed by Optum Inc...(Smith, Cameron)
December 19, 2022	Filing 56 MOTION to Dismiss The Complaint. Document filed by Optum Inc...(Smith, Cameron)
December 19, 2022	Filing 55 MEMORANDUM OF LAW in Support re: #53 MOTION to Compel Arbitration . MOTION to Dismiss Complaint. . Document filed by Apex Systems, Inc...(Bost Seaton, Christina)
December 19, 2022	Filing 54 DECLARATION of Colleen Harper in Support re: #53 MOTION to Compel Arbitration . MOTION to Dismiss Complaint.. Document filed by Apex Systems, Inc.. (Attachments: #1 Exhibit Exhibit A--Employment Agreement, #2 Exhibit Exhibit B--Arbitration Agreement).(Bost Seaton, Christina)
December 19, 2022	Filing 53 MOTION to Compel Arbitration ., MOTION to Dismiss Complaint.( Responses due by 1/9/2023) Document filed by Apex Systems, Inc...(Bost Seaton, Christina)
December 19, 2022	Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amanda M. Weaver, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27105109. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apex Systems, Inc.. (Attachments: #1 Affidavit Declaration of Amanda M. Weaver, Esq., #2 Exhibit Certificate of Good Standing from Supreme Court of Virginia).(Bost Seaton, Christina) Modified on 12/20/2022 (sgz).
December 16, 2022	Filing 51 MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss . . Document filed by New York City Health And Hospitals Corporation..(Barker, Kami)
December 16, 2022	Filing 50 MOTION to Dismiss . Document filed by New York City Health And Hospitals Corporation. Responses due by 1/9/2023 Return Date set for 1/17/2023 at 11:59 PM..(Barker, Kami)
November 30, 2022	Filing 49 NOTICE OF APPEARANCE by Kevin M. Cloutier on behalf of Insight Global, LLC..(Cloutier, Kevin)
November 28, 2022	Set/Reset Deadlines: Motions due by 12/19/2022. Responses due by 1/9/2023 Replies due by 1/16/2023. (ks)
November 28, 2022	Filing 48 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF KEVIN M. CLOUTIER granting #44 Motion for Kevin M. Cloutier to Appear Pro Hac Vice. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 11/28/2022) (ks)
November 28, 2022	Filing 47 ORDER denying #24 Motion for Conference re: #24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Murphy dated October 13, 2022., #26 LETTER MOTION for Conference (Request for Pre-Motion Conference in Connection with Anticipated Motion to Dismiss and Compel Arbitration) addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated October 14, 2022., #31 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Cameron Smith dated October 14, 2022., #45 LETTER MOTION for Conference seeking leave to file a motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Kami Z. Barker dated November 14, 2022., #20 LETTER MOTION for Conference / Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Daniel S. Goldstein dated October 12, 2022. ; denying #26 Motion for Conference re: #24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Murphy dated October 13, 2022., #26 LETTER MOTION for Conference (Request for Pre-Motion Conference in Connection with Anticipated Motion to Dismiss and Compel Arbitration) addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated October 14, 2022., #31 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Cameron Smith dated October 14, 2022., #45 LETTER MOTION for Conference seeking leave to file a motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Kami Z. Barker dated November 14, 2022., #20 LETTER MOTION for Conference / Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Daniel S. Goldstein dated October 12, 2022. ; denying #31 Motion for Conference re: #24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Murphy dated October 13, 2022., #26 LETTER MOTION for Conference (Request for Pre-Motion Conference in Connection with Anticipated Motion to Dismiss and Compel Arbitration) addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated October 14, 2022., #31 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Cameron Smith dated October 14, 2022., #45 LETTER MOTION for Conference seeking leave to file a motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Kami Z. Barker dated November 14, 2022., #20 LETTER MOTION for Conference / Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Daniel S. Goldstein dated October 12, 2022. ; denying #45 Motion for Conference re: #24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Murphy dated October 13, 2022., #26 LETTER MOTION for Conference (Request for Pre-Motion Conference in Connection with Anticipated Motion to Dismiss and Compel Arbitration) addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated October 14, 2022., #31 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Cameron Smith dated October 14, 2022., #45 LETTER MOTION for Conference seeking leave to file a motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Kami Z. Barker dated November 14, 2022., #20 LETTER MOTION for Conference / Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Daniel S. Goldstein dated October 12, 2022. ; granting #20 Motion for Conference re: #24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Murphy dated October 13, 2022., #26 LETTER MOTION for Conference (Request for Pre-Motion Conference in Connection with Anticipated Motion to Dismiss and Compel Arbitration) addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated October 14, 2022., #31 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Cameron Smith dated October 14, 2022., #45 LETTER MOTION for Conference seeking leave to file a motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Kami Z. Barker dated November 14, 2022., #20 LETTER MOTION for Conference / Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Daniel S. Goldstein dated October 12, 2022. The Court is in receipt of the parties' requests for a pre-motion conference. After reviewing the submissions, the requests for a pre-motion conference are DENIED, but the requests for leave to file motions to dismiss / motions to compel arbitration are GRANTED. All parties are ordered to comply with the following briefing schedule: Defendants' Motions to Dismiss and/or Compel Arbitration: December 19, 2022 Plaintiffs' Opposition: January 9, 2023 Defendants' Reply (if any): January 16, 2023 The Clerk of Court is respectfully directed to terminate ECF Nos. 20, 24, 26, 31, and 45. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 11/28/2022) (ks)
November 14, 2022	Filing 46 RESPONSE re: #45 LETTER MOTION for Conference seeking leave to file a motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Kami Z. Barker dated November 14, 2022. . Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
November 14, 2022	Filing 45 LETTER MOTION for Conference seeking leave to file a motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Kami Z. Barker dated November 14, 2022. Document filed by New York City Health And Hospitals Corporation..(Barker, Kami)
October 31, 2022	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for Kevin Michael Cloutier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
October 28, 2022	Filing 44 MOTION for Kevin Michael Cloutier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Insight Global, LLC..(Cloutier, Kevin)
October 28, 2022	Filing 43 NOTICE OF APPEARANCE by Kami Zumbach Barker on behalf of New York City Health And Hospitals Corporation..(Barker, Kami)
October 28, 2022	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #42 MOTION for Kevin Michael Cloutier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26882870. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Indiana 317-232-5861. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
October 27, 2022	Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kevin Michael Cloutier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26882870. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Insight Global, LLC..(Cloutier, Kevin) Modified on 10/28/2022 (sgz).
October 24, 2022	Filing 41 ORDER granting #16 Letter Motion for Extension of Time to Answer re #16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Andrea O'Connor dated October 12, 2022. Application GRANTED nunc pro tunc. Deadline for Defendant H+H set to Nov. 14, 2022. The Clerk of Court is respectfully directed to close ECF No. 16. SO ORDERED. New York City Health And Hospitals Corporation answer due 11/14/2022 (Signed by Judge Andrew L. Carter, Jr on 10/24/2022) (jca)
October 24, 2022	Filing 40 LETTER addressed to Judge Andrew L. Carter, Jr. from Christina H. Bost Seaton dated 10-14-2022 re: Conference Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration. Document filed by Apex Systems, Inc...(Bost Seaton, Christina)
October 21, 2022	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christina Heather Bost Seaton to RE-FILE Document #28 LETTER MOTION for Conference Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Christina H. Bost Seaton, Esq. dated October 14, 2022.. Use the event type Letter found under the event list Other Documents. (db)
October 19, 2022	Filing 39 RESPONSE re: #26 LETTER MOTION for Conference (Request for Pre-Motion Conference in Connection with Anticipated Motion to Dismiss and Compel Arbitration) addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated October 14, 2022. . Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
October 19, 2022	Filing 38 RESPONSE re: #31 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Cameron Smith dated October 14, 2022. . Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
October 19, 2022	Filing 37 RESPONSE re: #28 LETTER MOTION for Conference Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Christina H. Bost Seaton, Esq. dated October 14, 2022. . Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
October 18, 2022	Filing 36 RESPONSE re: #24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Murphy dated October 13, 2022. . Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
October 18, 2022	Filing 35 NOTICE OF APPEARANCE by Matthew James Gagnon on behalf of Optum Inc...(Gagnon, Matthew)
October 17, 2022	Filing 34 RESPONSE re: #20 LETTER MOTION for Conference / Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Daniel S. Goldstein dated October 12, 2022. . Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
October 14, 2022	Filing 33 NOTICE OF APPEARANCE by Max Alexander Scharf on behalf of Optum Inc...(Scharf, Max)
October 14, 2022	Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group Incorporated for Optum Inc.. Document filed by Optum Inc...(Smith, Cameron)
October 14, 2022	Filing 31 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Andrew L. Carter, Jr. from Cameron Smith dated October 14, 2022. Document filed by Optum Inc...(Smith, Cameron)
October 14, 2022	Filing 30 NOTICE OF APPEARANCE by Cameron Alexander Smith on behalf of Optum Inc...(Smith, Cameron)
October 14, 2022	Filing 29 NOTICE OF APPEARANCE by Shawn David Fabian on behalf of Insight Global, LLC..(Fabian, Shawn)
October 14, 2022	Filing 28 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Christina H. Bost Seaton, Esq. dated October 14, 2022. Document filed by Apex Systems, Inc...(Bost Seaton, Christina) Modified on 10/21/2022 (db).
October 14, 2022	Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent On Assignment, Inc. for Apex Systems, Inc.. Document filed by Apex Systems, Inc...(Bost Seaton, Christina)
October 14, 2022	Filing 26 LETTER MOTION for Conference (Request for Pre-Motion Conference in Connection with Anticipated Motion to Dismiss and Compel Arbitration) addressed to Judge Andrew L. Carter, Jr. from Amy J. Traub dated October 14, 2022. Document filed by Equity Staffing Group..(Traub, Amy)
October 14, 2022	Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Equity Staffing Group..(Traub, Amy)
October 13, 2022	Filing 24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Brian D. Murphy dated October 13, 2022. Document filed by Insight Global, LLC..(Murphy, Brian)
October 13, 2022	Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IG Staffing Holdings, LLC for Insight Global, LLC. Document filed by Insight Global, LLC..(Murphy, Brian)
October 13, 2022	Filing 22 NOTICE OF APPEARANCE by Brian Daniel Murphy on behalf of Insight Global, LLC..(Murphy, Brian)
October 13, 2022	Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Adecco SA, Corporate Parent ADO Staffing, Inc., Corporate Parent Adecco, Inc. for Adecco USA, Inc.. Document filed by Adecco USA, Inc...(Goldstein, Daniel)
October 13, 2022	***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Daniel Steven Goldstein to RE-FILE Document No. #19 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
October 12, 2022	Filing 20 LETTER MOTION for Conference / Pre-Motion Conference Request for Motion to Dismiss and Compel Arbitration addressed to Judge Andrew L. Carter, Jr. from Daniel S. Goldstein dated October 12, 2022. Document filed by Adecco USA, Inc...(Goldstein, Daniel)
October 12, 2022	Filing 19 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Adecco SA for Adecco USA, Inc.. Document filed by Adecco USA, Inc...(Goldstein, Daniel) Modified on 10/13/2022 (lb).
October 12, 2022	Filing 18 NOTICE OF APPEARANCE by Morgan Virginia Manley on behalf of Adecco USA, Inc...(Manley, Morgan)
October 12, 2022	Filing 17 NOTICE OF APPEARANCE by Daniel Steven Goldstein on behalf of Adecco USA, Inc...(Goldstein, Daniel)
October 12, 2022	Filing 16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Andrew L. Carter, Jr. from Andrea O'Connor dated October 12, 2022. Document filed by New York City Health And Hospitals Corporation..(O'Connor, Andrea)
September 29, 2022	Filing 15 NOTICE OF APPEARANCE by Justin Anthony Guilfoyle on behalf of Equity Staffing Group..(Guilfoyle, Justin)
September 29, 2022	Filing 14 NOTICE OF APPEARANCE by Amy Joy Traub on behalf of Equity Staffing Group..(Traub, Amy)
September 12, 2022	Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Christina H. Bost Seaton, Esq. dated September 12, 2022., #1 Complaint. SO ORDERED. Adecco USA, Inc. answer due 10/14/2022; Apex Systems, Inc. answer due 10/14/2022; Equity Staffing Group answer due 10/14/2022; Insight Global, LLC answer due 10/14/2022; New York City Health And Hospitals Corporation answer due 10/14/2022; Optum Inc. answer due 10/14/2022. (Signed by Judge Andrew L. Carter, Jr on 9/12/2022) (ate)
September 12, 2022	Filing 12 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Christina H. Bost Seaton, Esq. dated September 12, 2022. Document filed by Apex Systems, Inc...(Bost Seaton, Christina)
September 12, 2022	Set/Reset Deadlines: Motions due by 10/14/2022. (ate)
September 9, 2022	Filing 11 AFFIDAVIT OF SERVICE. Adecco USA, Inc. served on 8/29/2022, answer due 9/19/2022. Service was accepted by Nick Torres Mail Clerk. Document filed by Nancy Shusterman; Daniela Porcino; Cynthia Holmes; Rebecca Angulo; Vernaize K. Coleman; Terry Powell..(Raisner, Jack)
September 9, 2022	Filing 10 AFFIDAVIT OF SERVICE. Equity Staffing Group served on 8/24/2022, answer due 9/14/2022. Service was accepted by Anastasia Moore Director of Operations. Document filed by Nancy Shusterman; Daniela Porcino; Cynthia Holmes; Rebecca Angulo; Vernaize K. Coleman; Terry Powell..(Raisner, Jack)
September 9, 2022	Filing 9 AFFIDAVIT OF SERVICE. New York City Health And Hospitals Corporation served on 8/24/2022, answer due 9/14/2022. Service was accepted by Natasha Frazer Assistant Coordinator Manager. Document filed by Nancy Shusterman; Daniela Porcino; Cynthia Holmes; Rebecca Angulo; Vernaize K. Coleman; Terry Powell..(Raisner, Jack)
September 9, 2022	Filing 8 AFFIDAVIT OF SERVICE. Insight Global, LLC served on 8/29/2022, answer due 9/19/2022. Service was accepted by Lissa Hearon Human Resources. Document filed by Nancy Shusterman; Daniela Porcino; Cynthia Holmes; Rebecca Angulo; Vernaize K. Coleman; Terry Powell..(Raisner, Jack)
September 9, 2022	Filing 7 AFFIDAVIT OF SERVICE. Apex Systems, Inc. served on 8/24/2022, answer due 9/14/2022. Service was accepted by Yasmyne Bell Authorized Agent. Document filed by Nancy Shusterman; Daniela Porcino; Cynthia Holmes; Rebecca Angulo; Vernaize K. Coleman; Terry Powell..(Raisner, Jack)
August 23, 2022	Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Optum Inc. waiver sent on 7/21/2022, answer due 9/19/2022. Document filed by Nancy Shusterman; Daniela Porcino; Cynthia Holmes; Rebecca Angulo; Vernaize K. Coleman; Terry Powell..(Raisner, Jack)
July 21, 2022	Filing 5 ELECTRONIC SUMMONS ISSUED as to Adecco USA, Inc., Apex Systems, Inc., Equity Staffing Group, Insight Global, LLC, New York City Health And Hospitals Corporation, Optum Inc...(pc)
July 20, 2022	Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to OPTUM, INC., INSIGHT GLOBAL, LLC, APEX SYSTEMS, INC., EQUITY STAFFING GROUP, INC., ADECCO USA, INC. and NEW YORK CITY HEALTH and HOSPITALS CORPORATON,, re: #1 Complaint,. Document filed by Rebecca Angulo, Vernaize K. Coleman, Cynthia Holmes, Daniela Porcino, Terry Powell, Nancy Shusterman..(Raisner, Jack)
July 8, 2022	CASE DECLINED AS NOT RELATED. Case referred as related to 1:22-cv-2458-ER and declined by Judge Ramos and returned to wheel for assignment. (aea)
July 8, 2022	NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (aea)
July 8, 2022	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
July 8, 2022	Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea)
July 5, 2022	***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jack A. Raisner. 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 New York;. (jgo)
July 5, 2022	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
July 5, 2022	Case Designated ECF. (jgo)
July 5, 2022	CASE REFERRED TO Judge Edgardo Ramos as possibly related to 22-cv-2458. (jgo)
July 5, 2022	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jack A. Raisner. The party information for the following party/parties has been modified: VERNAIZE K COLEMAN; CYNTHIA HOLMES; DANIELA PORCINO; Rebecca Angulo; Terry Powell; NANCY SHUSTERMAN; INSIGHT GLOBAL,LLC; EQUITY STAFFING GROUP, INC.; NEW YORK CITY HEALTH and HOSPITALS CORPORATON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)
July 1, 2022	Filing 3 RELATED CASE AFFIRMATION of Jack A. Raisner re: that this action be filed as related to 22-02458. Document filed by Rebecca Angulo, VERNAIZE K COLEMAN, CYNTHIA HOLMES, DANIELA PORCINO, Terry Powell, NANCY SHUSTERMAN..(Raisner, Jack)
July 1, 2022	Filing 2 CIVIL COVER SHEET filed..(Raisner, Jack)
July 1, 2022	Filing 1 COMPLAINT against Adecco USA, Inc., Apex Systems, Inc., EQUITY STAFFING GROUP, INC., INSIGHT GLOBAL,LLC, NEW YORK CITY HEALTH and HOSPITALS CORPORATON,, Optum Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26364312)Document filed by NANCY SHUSTERMAN, DANIELA PORCINO, CYNTHIA HOLMES, Rebecca Angulo, VERNAIZE K COLEMAN, Terry Powell..(Raisner, Jack)

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Search for this case: Coleman et al v. Optum Inc. et al
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Plaintiff: VERNAIZE K COLEMAN
Represented By:	Jack A. Raisner
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Plaintiff: CYNTHIA HOLMES
Represented By:	Jack A. Raisner
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Plaintiff: DANIELA PORCINO
Represented By:	Jack A. Raisner
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Plaintiff: Rebecca Angulo
Represented By:	Jack A. Raisner
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Plaintiff: Terry Powell
Represented By:	Jack A. Raisner
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Plaintiff: NANCY SHUSTERMAN
Represented By:	Jack A. Raisner
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Plaintiff: Vernaize K. Coleman
Represented By:	Jack A. Raisner
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Defendant: Optum Inc.
Represented By:	Cameron Alexander Smith
Represented By:	Matthew James Gagnon
Represented By:	Max Alexander Scharf
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Defendant: INSIGHT GLOBAL,LLC
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Defendant: Apex Systems, Inc.
Represented By:	Christina Heather Bost Seaton
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Defendant: EQUITY STAFFING GROUP, INC.
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Defendant: Adecco USA, Inc.
Represented By:	Daniel Steven Goldstein
Represented By:	Morgan Virginia Manley
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Defendant: NEW YORK CITY HEALTH and HOSPITALS CORPORATON,
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Defendant: Insight Global, LLC
Represented By:	Brian Daniel Murphy
Represented By:	Kevin M. Cloutier
Represented By:	Shawn David Fabian
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Defendant: Equity Staffing Group
Represented By:	Amy Joy Traub
Represented By:	Justin Anthony Guilfoyle
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Defendant: New York City Health And Hospitals Corporation
Represented By:	Kami Zumbach Barker
Represented By:	Andrea Mary O'Connor
Represented By:	Ernst Bonaparte
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