Joao v. Epic Systems Corporation
| Raymond A. Joao |
| Epic Systems Corporation |
| 1:2025cv00857 |
| January 29, 2025 |
| U.S. District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity Action |
| Both |
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This docket was last retrieved on March 10, 2025. A more recent docket listing may be available from PACER.
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Filing 34
ORDER: IT IS HEREBY ORDERED that the initial pretrial conference in this case, previously scheduled for March 20, 2025, at 9:00 a.m., see ECF No. 6, is ADJOURNED sine die pending the Court's resolution of Defendant's motion to transfer venue, see ECF No. 14. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/2025) (tg)
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Filing 33
ORDER temporarily granting #32 Letter Motion to Seal. The motion to seal is granted temporarily. The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. The Clerk of Court is directed to terminate ECF No. 32. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/25) (yv) Modified on 3/10/2025 (yv). (Main Document 33 replaced on 3/10/2025) (yv).
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| Filing 32 LETTER MOTION to Seal ECF Nos. 29, 30-1 and Redact ECF Nos.27, 28-1 addressed to Judge Jesse M. Furman from David Ward dated March 7, 2025. Document filed by Raymond A. Joao. (Attachments: #1 Affidavit Declaration of Raymond A. Joao).(Ward, David) |
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Filing 31
ORDER granting #26 Letter Motion to Seal. The motion to seal is granted temporarily. That said, mere agreement between the parties to keep a document confidential is not sufficient to keep a judicial document sealed or redacted. See, e.g., United States v. Wells Fargo Bank N.A., No. 12-CV-7527 (JMF), 2015 WL 3999074, at *4 (S.D.N.Y. June 30, 2015) (citing cases). Thus, if any party believes that the materials at issue should remain sealed or redacted, that party shall file a letter brief, within three days and not to exceed three pages, showing why doing so is consistent with the presumption in favor of public access to judicial documents. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Clerk of Court is directed to terminate ECF No. 26. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/5/2025) (jjc)
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| Filing 30 ***SELECTED PARTIES***DECLARATION of Bryce A. Loken in Support re: #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue)., #26 LETTER MOTION to Seal (Letter Motion to File Documents in Redacted Form) addressed to Judge Jesse M. Furman from Bryce A. Loken dated March 4, 2025.. Document filed by All Parties. (Attachments: #1 Exhibit A- Excerpts of Raymond Joao Deposition Transcript, #2 Exhibit B- February 20-23, 2025 Emails)Motion or Order to File Under Seal: #26 .(Loken, Bryce) |
| Filing 29 ***SELECTED PARTIES*** REPLY to Response to Motion re: #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue)., #26 LETTER MOTION to Seal (Letter Motion to File Documents in Redacted Form) addressed to Judge Jesse M. Furman from Bryce A. Loken dated March 4, 2025. . Document filed by All Parties. Motion or Order to File Under Seal: #26 .(Loken, Bryce) |
| Filing 28 DECLARATION of Bryce A. Loken in Support re: #26 LETTER MOTION to Seal (Letter Motion to File Documents in Redacted Form) addressed to Judge Jesse M. Furman from Bryce A. Loken dated March 4, 2025., #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue).. Document filed by Epic Systems Corporation. (Attachments: #1 Exhibit A- (Redacted) Excerpts of Raymond Joao Deposition Transcript, #2 Exhibit B- February 20-23, 2025 Emails).(Loken, Bryce) |
| Filing 27 REPLY to Response to Motion re: #26 LETTER MOTION to Seal (Letter Motion to File Documents in Redacted Form) addressed to Judge Jesse M. Furman from Bryce A. Loken dated March 4, 2025., #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue). (Redacted). Document filed by Epic Systems Corporation..(Loken, Bryce) |
| Filing 26 LETTER MOTION to Seal (Letter Motion to File Documents in Redacted Form) addressed to Judge Jesse M. Furman from Bryce A. Loken dated March 4, 2025. Document filed by Epic Systems Corporation..(Loken, Bryce) |
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Filing 25
STIPULATION EXTENDING TIME TO FILE AMENDED ANSWER AND COUNTERCLAIM. IT IS HEREBY STIPULATED AND AGREED between Plaintiff Raymond A. Joao and Defendant Epic Systems Corporation that, pursuant to Fed. R. Civ. P. 15(a), the deadline for Epic to file its Amended Answer and/or add Counterclaims is extended from February 26, 2025 to the deadline for amended pleadings which will be set forth in the parties' forthcoming Civil Case Management Plan and Scheduling Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 02/26/2025) (yv)
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| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Epic Systems Corporation..(Loken, Bryce) |
| Filing 23 DECLARATION of David A. Ward, Esq. in Opposition re: #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue).. Document filed by Raymond A. Joao. (Attachments: #1 Exhibit Exh 1 12-23-2024 Email between Counsel, #2 Exhibit Exh 2 12-27-2024 Amended Complaint).(Ward, David) |
| Filing 22 DECLARATION of Raymond A. Joao in Opposition re: #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue).. Document filed by Raymond A. Joao. (Attachments: #1 Exhibit Exh 1 Decapolis Articles of Organization, #2 Exhibit Exh 2 2024-12-07 Filed Complaint).(Ward, David) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue). . Document filed by Raymond A. Joao..(Ward, David) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 19. SO ORDERED. Replies due by 3/4/2025. (Signed by Judge Jesse M. Furman on 2/14/2025) (tg)
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| Filing 19 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue). addressed to Judge Jesse M. Furman from Bryce A. Loken dated February 13, 2025. Document filed by Epic Systems Corporation..(Loken, Bryce) |
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Filing 18
ORDER, On February 5, 2025, Defendant filed a motion to transfer this case to the United States District Court for the Southern District of Florida. ECF No. 14. Plaintiff's opposition, if any, shall not exceed twenty-five pages and must be filed by February 19, 2025. Defendant's reply, if any, shall not exceed ten pages and must be filed by February 26, 2025. SO ORDERED. ( Replies due by 2/26/2025., Responses due by 2/19/2025) (Signed by Judge Jesse M. Furman on 2/6/25) (yv)
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| Filing 17 ANSWER to Complaint with JURY DEMAND. Document filed by Epic Systems Corporation..(Loken, Bryce) |
| Filing 16 DECLARATION of Bryce A. Loken in Support re: #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue).. Document filed by Epic Systems Corporation. (Attachments: #1 Exhibit 1- Federal Circuit Notice of Docketing, #2 Exhibit 2- Excerpts from Decapolis document production, #3 Exhibit 3- Post-Judgment Interrogatories and Requests for Production to Decapolis, #4 Exhibit 4- Subpoenas for Documents and Deposition to Raymond Joao, #5 Exhibit 5- Corporate information on Joao entities, #6 Exhibit 6- List of Decapolis and GreatGigz cases, #7 Exhibit 7- Reports on open cases, #8 Exhibit 8- Motion analytics reports, #9 Exhibit 9- Reports of Beteiro, Caselas and GreatGigz cases).(Loken, Bryce) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Transfer Case (Notice of Motion to Transfer Venue). . Document filed by Epic Systems Corporation..(Loken, Bryce) |
| Filing 14 MOTION to Transfer Case (Notice of Motion to Transfer Venue). Document filed by Epic Systems Corporation..(Loken, Bryce) |
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Filing 13
ORDER granting #10 Motion for Bryce A. Loken to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 12
ORDER granting #9 Motion for Kristin Graham Noel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 11
ORDER granting #8 Motion for Matthew J. Duchemin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 10 MOTION for Bryce A. Loken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30565543. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Epic Systems Corporation. (Attachments: #1 Affidavit of Bryce A. Loken, #2 Exhibit A- Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Loken, Bryce) |
| Filing 9 MOTION for Kristin Graham Noel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30565374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Epic Systems Corporation. (Attachments: #1 Affidavit of Kristin Graham Noel, #2 Exhibit A- Certificate of Good Standing - Wisconsin, #3 Exhibit B- Certificate of Good Standing - Illinois, #4 Proposed Order for Admission Pro Hac Vice).(Noel, Kristin) |
| Filing 8 MOTION for Matthew J. Duchemin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-30565149. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Epic Systems Corporation. (Attachments: #1 Affidavit of Matthew J. Duchemin, #2 Exhibit A- Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Duchemin, Matthew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Matthew J. Duchemin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-30565149. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Bryce A. Loken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30565543. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Kristin Graham Noel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30565374. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 7 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on Raymond A. Joao on 2/3/2025. Document filed by Epic Systems Corporation..(Cohen, Mitchell) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/20/2025 at 09:00 AM before Judge Jesse M. Furman. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/31/2025) (vfr)
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| Filing 5 NOTICE OF APPEARANCE by David Allen Ward on behalf of Raymond A. Joao..(Ward, David) |
| Case Designated ECF. (vf) |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Epic Systems Corporation..(Cohen, Mitchell) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Epic Systems Corporation..(Cohen, Mitchell) Modified on 1/29/2025 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Cohen, Mitchell) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 76437/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-30533906).Document filed by Epic Systems Corporation. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Amended Summons and Complaint, #3 Exhibit C - Affidavit of Service, #4 Exhibit D - Notice of Filing of Notice of Removal).(Cohen, Mitchell) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Mitchell David Cohen to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. 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 or No radio button - If Yes - 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 - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
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| Plaintiff: Raymond A. Joao | |
| Represented By: | David Allen Ward |
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| Defendant: Epic Systems Corporation | |
| Represented By: | Mitchell David Cohen |
| Represented By: | Matthew J Duchemin |
| Represented By: | Bryce Loken |
| Represented By: | Kristin Graham Noel |
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