HOOKER et al v. THE CITADEL SALISBURY LLC et al
| DONNA DEAL, SYBIL RUMMAGE, BETTY DEAL, KENNETH MICHAEL DEAL and SONYA HOOKER |
| SIMCHA HYMAN, NAFTALI ZANZIPER, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, SALISBURY TWO NC PROPCO, LLC and ACCORDIUS HEALTH LLC |
| 1:2021cv00384 |
| May 17, 2021 |
| US District Court for the Middle District of North Carolina |
| THOMAS D SCHROEDER |
| JOE L WEBSTER |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 23
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 7/15/2021. The parties may commence precertification discovery. While such discovery should be limited to the issue of class certification, any dispute as to the nature or scope of such discovery shall be raised with the assigned Magistrate Judge. FURTHER that Defendants' motion to stay further briefing on Plaintiffs' motions for class certification and pre-certification discovery (Doc. #18 ) is GRANTED IN PART and DENIED IN PART as follows: the motion to stay briefing on Plaintiffs' motion for class certification is GRANTED, and such briefing is STAYED pending resolution of Defendants' anticipated motion to dismiss and/or the close of pre-certification discovery; the motion is otherwise DENIED AS MOOT. (Daniel, J)
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| Case Reassigned to JUDGE CATHERINE C. EAGLES. CHIEF JUDGE THOMAS D. SCHROEDER no longer assigned to the case. (Marsh, Keah) |
| Motions Submitted: #18 MOTION to Stay Further Briefing on Class Certification and Discovery to JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
| Case Reassigned to CHIEF JUDGE THOMAS D. SCHROEDER. JUDGE CATHERINE C. EAGLES no longer assigned to the case. Case Reassigned in error. (Marsh, Keah) |
| Motion No Longer Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #18 MOTION to Stay Further Briefing on Class Certification and Discovery. (Engle, Anita) |
| Filing 22 REPLY, filed by Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER, to Response to #18 MOTION to Stay Further Briefing on Class Certification and Discovery filed by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (Attachments: #1 Exhibit A - Howze v. Treyburne Rehab. (Case 20-CVS-2972) Order Granting Mtn Dismiss, #2 Exhibit B - Rummage Admission Agreement, #3 Exhibit C - Deal Admission Agreement, #4 Exhibit D - Welcome Packet)(HENRIQUES, MARK) |
| Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #18 MOTION to Stay Further Briefing on Class Certification and Discovery. (Engle, Anita) |
| Filing 21 Corrected document re #20 Response in Opposition to Motion,. (HUGHES, JOHN) |
| Filing 20 RESPONSE in Opposition re #18 MOTION to Stay Further Briefing on Class Certification and Discovery filed by THE PORTOPICCOLO GROUP, LLC, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, NAFTALI ZANZIPER, SIMCHA HYMAN, ACCORDIUS HEALTH LLC filed by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. Replies due by 6/28/2021 (HUGHES, JOHN) |
| Filing 19 MEMORANDUM filed by Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER re #18 MOTION to Stay Further Briefing on Class Certification and Discovery filed by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (HENRIQUES, MARK) |
| Filing 18 MOTION to Stay Further Briefing on Class Certification and Discovery by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. Response to Motion due by 7/2/2021 (Attachments: #1 Text of Proposed Order)(HENRIQUES, MARK) |
| Filing 17 NOTICE of Attorney Appearance by attorney MARK P. HENRIQUES on behalf of Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER (HENRIQUES, MARK) |
| TEXT ORDER granting #16 Motion for Extension of Time to File Response. For good cause shown, Defendants, The Citadel Salisbury LLC, Salisbury Two Propco LLC, Accordius Health LLC, The Portopiccolo Group, LLC, Simcha Hyman, and Naftali Zanziper, shall have up to and including July 19, 2021 to respond to Plaintiffs' Motion to Certify Class and Motion for Pre-Certification Discovery. Issued by MAG/JUDGE JOE L. WEBSTER on 6/4/2021.(Lee, Pedra) |
| Reset Motion Deadlines re #4 MOTION for Discovery (Plaintiffs' Alternative Motion for Pre-Certification Discovery), #2 MOTION to Certify Class. Responses due by 7/19/2021. (Contreras, Jamie) |
| Filing 16 MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Discovery (Plaintiffs' Alternative Motion for Pre-Certification Discovery), #2 MOTION to Certify Class by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (Attachments: #1 Exhibit 1 - Proposed Order)(PHILLIPS, MICHAEL) |
| Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #16 MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Discovery (Plaintiffs' Alternative Motion for Pre-Certification Discovery), #2 MOTION to Certify Class. (Engle, Anita) |
| Filing 15 NOTICE of Attorney Appearance by attorney MICHAEL E. PHILLIPS on behalf of Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER (PHILLIPS, MICHAEL) |
| Filing 14 WAIVER OF SERVICE Returned Executed by THE CITADEL SALISBURY LLC, NAFTALI ZANZIPER, SALISBURY TWO NC PROPCO, LLC, THE PORTOPICCOLO GROUP, LLC, ACCORDIUS HEALTH LLC, SIMCHA HYMAN. All Defendants. (PHILLIPS, MICHAEL) |
| Filing 13 NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE (Attachments: #1 Hooker orig Aff, #2 Hooker Corr Aff, #3 Hooker Supp Aff, #4 Hooker new Aff, #5 Deal Aff, #6 Thomas Aff, #7 Barber1 Aff, #8 Barber2 Aff, #9 Stirewalt1 Aff, #10 Stirewalt2 Aff, #11 Stirewalt3 Aff, #12 Blackwell1 Aff, #13 Blackwell2 Aff, #14 Fitzgerald1 Aff, #15 Fitzgerald2 Aff, #16 Eagle Aff, #17 Hunter Aff, #18 Scudillo Aff, #19 Csukor Aff, #20 Alquist1 Aff, #21 Alquist2 Aff, #22 Kluttz Aff, #23 Fesperman Aff, #24 Carter Aff, #25 Hair Aff, #26 Jones Aff)(HUGHES, JOHN) |
| Filing 12 NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE (Attachments: #1 Jane Doe1 Aff, #2 Jane Doe2 Aff, #3 Jane Doe3 Aff, #4 Jane Doe4 Aff, #5 Jane Doe5 Aff, #6 Jane Doe6 Aff, #7 Jane Doe7 Aff, #8 Jane Doe8 Aff, #9 Jane Doe9 Aff, #10 Jane Doe10 Aff, #11 Spry Aff, #12 Jane Doe11 Aff)(HUGHES, JOHN) |
| Filing 11 NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE re #6 Notice (Other), #5 Brief, #3 Brief, #4 MOTION for Discovery (Plaintiffs' Alternative Motion for Pre-Certification Discovery), #2 MOTION to Certify Class (HUGHES, JOHN) |
| Filing 10 Corrected document re #5 Brief,. (Attachments: #1 Table 1, #2 Table 2, #3 Table 3, #4 Table 4)(HUGHES, JOHN) |
| Filing 9 Corrected document re #3 Brief,. (HUGHES, JOHN) |
| Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
| Filing 8 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 7 Summons Issued as to All Defendants. (Sheets, Jamie) |
| Filing 6 NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE re #5 Brief, (Notice of Filing) (Attachments: #1 Rummage Dec, #2 Hooker Dec, #3 B. Deal Dec, #4 D. Deal Dec, #5 JSH Dec with Exhs)(HUGHES, JOHN) |
| Filing 5 BRIEF re #4 MOTION for Discovery (Plaintiffs' Alternative Motion for Pre-Certification Discovery) by Plaintiffs Betty Deal, Donna Deal, Kenneth Michael Deal, Sonya Hooker, Sybil Rummage filed by Betty Deal, Donna Deal, Kenneth Michael Deal, Sonya Hooker, Sybil Rummage. (Attachments: #1 Table 1, #2 Table 2, #3 Table 3, #4 Table 4)(HUGHES, JOHN) |
| Filing 4 MOTION for Discovery (Plaintiffs' Alternative Motion for Pre-Certification Discovery) by Betty Deal, Donna Deal, Kenneth Michael Deal, Sonya Hooker, Sybil Rummage. Response to Motion due by 6/7/2021 (Attachments: #1 Text of Proposed Order)(HUGHES, JOHN) |
| Filing 3 BRIEF re #2 MOTION to Certify Class by Plaintiffs Betty Deal, Donna Deal, Kenneth Michael Deal, Sonya Hooker, Sybil Rummage filed by Betty Deal, Donna Deal, Kenneth Michael Deal, Sonya Hooker, Sybil Rummage. (HUGHES, JOHN) |
| Filing 2 MOTION to Certify Class by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. Response to Motion due by 6/7/2021 (Attachments: #1 Text of Proposed Order) (HUGHES, JOHN) |
| Filing 1 COMPLAINT (Class Action) against All Defendants (Filing fee $ 402 receipt number 0418-3049683), filed by DONNA DEAL, SYBIL RUMMAGE, KENNETH MICHAEL DEAL, SONYA HOOKER, BETTY DEAL. (HUGHES, JOHN) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
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