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, ACCORDIUS HEALTH 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 Diversity |
| Both |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
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Filing 89
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 04/20/2023, that Plaintiffs' motion for class certification (Doc. #70 ) is DENIED. (Bowers, Alexis)
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TEXT ORDER granting #88 Motion to Withdraw as Attorney. For good cause shown, Attorney Christian T. Becker and the law firm of Kasowitz Benson Torres LLP shall be withdrawn as Counsel of Record for Defendants. Issued by MAG/JUDGE JOE L. WEBSTER on 3/21/2023.(Lee, Pedra)
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Filing 88
MOTION to Withdraw as Attorney CHRISTIAN T. BECKER by on behalf of ACCORDIUS HEALTH, LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC. (Attachments: #1 Text of Proposed Order)(BECKER, CHRISTIAN)
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Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #88 MOTION to Withdraw as Attorney CHRISTIAN T. BECKER. (Engle, Anita)
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Filing 87
REPORT OF MEDIATOR from Rene Stemple Trehy - Mediation Held on 1/5/2023. (IMPASSE) (Bond, Melisa)
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CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #86 Joint Status Report. (Engle, Anita)
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Filing 86
JOINT STATUS REPORT filed by all parties. Est. Trial Days: 21. (SMITH, OLIVIA)
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Filing 85
Transcript of Proceedings held on 11/10/2022, before Judge Thomas D. Schroeder. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 12/16/2022. Redacted Transcript Deadline set for 12/27/2022. Release of Transcript Restriction set for 2/23/2023. (Bell, Briana)
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Filing 84
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 11/15/2022, that all pending case management deadlines in this case are STAYED through and including January 9, 2023. The stay will expire on that date, and the parties are instructed to report to the court by that date in the form of a joint status report and recommendation as to next steps and any necessary re-scheduling. (Bowers, Alexis)
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Filing 83
Joint MOTION to Stay by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. Response to Motion due by 12/6/2022 (Attachments: #1 Text of Proposed Order)(HUGHES, JOHN)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #83 Joint MOTION to Stay. (Engle, Anita)
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Minute Entry for proceedings held before CHIEF JUDGE THOMAS D. SCHROEDER in WS-2: Motion Hearing held on 11/10/2022 on #70 Plaintiffs' MOTION to Certify Class (Renewed). Attorneys John Hughes and Olivia Smith participated for the Plaintiffs via Zoom and Attorneys Michael Phillips, Christian Becker and Jeffrey Glatt participated for the Defendants via Zoom. Arguments presented. Any request for a stay of deadlines to pursue mediation as discussed should be filed by 11/11/2022. (Court Reporter Briana Bell.) (Engle, Anita)
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***Attorney OLIVIA SMITH added for BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. (Engle, Anita)
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Filing 82
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 11/1/2022, that the hearing scheduled to occur on Thursday, November 10, 2022, at 10:00 a.m. shall proceed remotely. The parties in due course will be notified by the Clerk of Court as to telephone/video arrangements. (Garland, Leah)
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Filing 81
JOINT MOTION to Appear Remotely by ACCORDIUS HEALTH, LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #81 JOINT MOTION to Appear Remotely. (Engle, Anita)
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Filing 80
NOTICE of Hearing: Motion Hearing set for 11/10/2022 at 10:00 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (Engle, Anita)
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Filing 79
ORDER Appointing RENE STEMPLE TREHY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
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MEDIATION SCHEDULING ORDER; Mediation due by 3/1/2023. (Bond, Melisa)
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NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (Bowers, Alexis)
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Filing 78
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 08/12/2022, The Court has reviewed the Revised Joint Rule 26(f) Report (Docket Entry #77 ) submitted by the parties in accordance with the Court's Order and approves it without modification. As discussed in the hearing, initial discovery shall be limited to the named Plaintiffs' breach of contract claims based on allegations of understaffing, the issue of whether Defendants are immune from liability, and any affirmative defenses asserted by Defendants. In the event the Court certifies a class, the scheduling order will be amended accordingly. The Court also approves the parties' Local Rule 5.5 Report (Docket Entry #76 ) which adopts the default procedures of Local Rule 5.4(c) regarding filing documents under seal. Discovery shall be designated as complex unless the Court certifies a class, then Exceptional. Mediation should be conducted late in the discovery period, the exact date to be set by the mediation after consultation with the parties. The parties agree that the mediator shall be Rene Ellis. No consent at this time to a Magistrate Judge. Trial of this action is expected to take approximately 1-2 weeks. A jury trial has been demanded. The parties currently believe this matter will be ready for trial on or before June 1, 2023. ( Plaintiffs Amended Pleadings due by 9/15/2022., Defendants Amended Pleadings due by 10/15/2022., Discovery due by 3/1/2023., Joinder of Parties for Plaintiff due by 9/15/2022., Joinder of Parties for Defendant due by 10/15/2022., Motions due by 4/15/2023.)(Bowers, Alexis)
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Filing 77
Rule 26(f) Report (Joint) filed by all parties by ACCORDIUS HEALTH, LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER.(PHILLIPS, MICHAEL)
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Motions Referred: RE: #76 L.R. 5.5 Report-Joint filed by all parties, #77 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Telephone Conference held on 8/9/2022. Counsel for Plaintiff John Hughes. Counsel for Defendants Michael Phillips, Hunter Carroll and Jeffrey Glatt. Parties agree Discovery should proceed before the ruling on Motion to Certify Class. The Court instructed parties to confer and submit a revised scheduling order with discovery deadlines within 5 days. Proceedings recorded (Garrett, Kim)
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Email notification/confirmation to all parties on record setting Telephone Conference for 8/9/2022 10:00 AM before MAG/JUDGE JOE L. WEBSTER. Parties emailed call information. (Garrett, Kim)
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Filing 76
L.R. 5.5 Report-Joint filed by all parties by ACCORDIUS HEALTH, LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Motions Referred: RE: #76 L.R. 5.5 Report-Joint filed by all parties, #75 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Filing 75
Rule 26(f) Report (Joint) filed by all parties by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE.(HUGHES, JOHN) Modified on 8/2/2022 requested L.R. 5.5 Report (Garrett, Kim).
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER-: #70 MOTION to Certify Class (Renewed). (Engle, Anita)
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Filing 74
REPLY, filed by Plaintiffs BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE, to Response to #70 MOTION to Certify Class (Renewed) filed by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. (Attachments: #1 Exh 1 - Special Verdict Form)(HUGHES, JOHN)
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Filing 73
Rule 26(f) Report (Joint) filed by all parties by ACCORDIUS HEALTH, LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Filing 72
RESPONSE in Opposition re #71 Brief, filed by SONYA HOOKER, BETTY DEAL, SYBIL RUMMAGE, DONNA DEAL, KENNETH MICHAEL DEAL filed by ACCORDIUS HEALTH, LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. Replies due by 7/29/2022 (Attachments: #1 Exhibit A - Census log, #2 Exhibit B - Census log, #3 Exhibit C- Census log, #4 Exhibit D - Census log, #5 Exhibit E - Spreadsheet, #6 Exhibit F - Spreadsheet, #7 Exhibit G - Spreadsheet, #8 Exhibit H - Spreadsheet, #9 Exhibit I - Spreadsheet, #10 Exhibit J - Cleveland Complaint, #11 Exhibit K - Cleveland MTC Arb, #12 Exhibit L - Moody Complaint)(PHILLIPS, MICHAEL)
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Filing 71
BRIEF re #70 MOTION to Certify Class (Renewed) 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 Wertz Affidavit, #2 Dieter depo excerpts, #3 Morrow depo excerpts, #4 Smith Declaration)(HUGHES, JOHN)
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Filing 70
MOTION to Certify Class (Renewed) by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. Response to Motion due by 7/15/2022 (HUGHES, JOHN)
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Filing 69
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/17/2022 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
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Filing 68
ANSWER to Amended Complaint by NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Filing 67
ANSWER to Amended Complaint by SIMCHA HYMAN. (PHILLIPS, MICHAEL)
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Filing 66
ANSWER to Amended Complaint by SALISBURY TWO NC PROPCO, LLC. (PHILLIPS, MICHAEL)
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Filing 65
ANSWER to Amended Complaint by THE PORTOPICCOLO GROUP, LLC. (PHILLIPS, MICHAEL)
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Filing 64
ANSWER to Amended Complaint by ACCORDIUS HEALTH, LLC. (PHILLIPS, MICHAEL)
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Filing 63
ANSWER to Amended Complaint by THE CITADEL SALISBURY LLC. (PHILLIPS, MICHAEL)
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Filing 62
First AMENDED COMPLAINT (CLASS ACTION) against defendant ACCORDIUS HEALTH, LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER, filed by DONNA DEAL, SYBIL RUMMAGE, KENNETH MICHAEL DEAL, SONYA HOOKER, BETTY DEAL.(HUGHES, JOHN)
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Filing 61
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 05/25/2022, Plaintiffs' motion to amend (Doc. #36 ) is GRANTED in part and DENIED in part as follows: The motion is GRANTED as to Resident Plaintiffs' breach of contract claim (Count I) of the proposed amended complaint; The motion is DENIED as futile as to joinder to add Ms. Kilgo and Ms. Lee as Plaintiffs, and Myers Park and Myers Park Propco, LLC as Defendants, and DENIED as futile as to Counts II (Unfair and Deceptive Trade Practices), III (Negligent Infliction of Severe Emotional Distress), V (Negligence), VI (Equitable Relief), and IV (as to civil conspiracy), against all Defendants, as alleged in the proposed amended complaint; and The motion is GRANTED as to allegations of liability against all Defendants under the instrumentality rule (Count IV) except that as to this count Plaintiffs will be permitted only to file the amended complaint (deleting reference to civil conspiracy) and discovery on any claim seeking to pierce the corporate structure of any Defendant as well as this court's final determination on whether Count IV can proceed shall be STAYED pending resolution of the determination of class certification. IT IS FURTHER ORDERED that Defendants' motion to dismiss the complaint (Doc. #24 ) is GRANTED in part and DENIED in part as follows: The motion is GRANTED as to Count II (Unfair and Deceptive Trade Practices) and Count IV (Negligent Infliction of Severe Emotional Distress) of the complaint, which claims are DISMISSED against all Defendants; The motion is DENIED as to Resident Plaintiffs' breach of contract claim (Count I); and DENIED AS MOOT as to Sponsor Plaintiffs' breach of fiduciary duty claim (Count III), which Plaintiffs have withdrawn, and DENIED as to the allegations of liability under the instrumentality rule (Count V), which Plaintiffs have amended and the court has allowed subject to the limitations noted herein. IT IS FURTHER ORDERED that the motion to stay (Doc. #26 ) is WITHDRAWN and DENIED AS MOOT; IT IS FURTHER ORDERED that the motion to strike (Doc. #28 ) is DENIED AS MOOT. IT IS FURTHER ORDERED that the prior stay of consideration of Plaintiffs' class certification (Doc. #23 ) is LIFTED and Plaintiffs shall have 30 days within which to file their updated briefing in support of their motion to certify the class. Defendants' response briefs and Plaintiffs' reply briefs shall be filed as provided in the court's Local Rules. (Bowers, Alexis)
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Filing 60
NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE (Attachments: #1 Exh 1 - Declaration of Counsel)(HUGHES, JOHN)
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Filing 59
NOTICE of Cancellation of Motion Hearing set for 5/4/2022 at 10:00 AM in Winston-Salem Courtroom #2. (Engle, Anita)
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Filing 58
Joint MOTION to Continue Date of Hearing by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. (Attachments: #1 Text of Proposed Order)(HUGHES, JOHN)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #58 Joint MOTION to Continue Date of Hearing. (Engle, Anita)
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Filing 57
NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE (Attachments: #1 JSH Declaration)(HUGHES, JOHN)
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Filing 56
WITHDRAWAL of Motion by Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER re #26 MOTION to Stay filed by THE PORTOPICCOLO GROUP, LLC, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, NAFTALI ZANZIPER, SIMCHA HYMAN, ACCORDIUS HEALTH LLC (Attachments: #1 Exhibit A - Motion and docket sheet)(PHILLIPS, MICHAEL)
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Filing 55
NOTICE of Hearing: Motion Hearing set for 5/4/2022 at 10:00 AM in Winston-Salem Courtroom #2 before CHIEF JUDGE THOMAS D. SCHROEDER. (Engle, Anita)
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Filing 54
HIPAA QUALIFIED PROTECTIVE ORDER signed by MAG/JUDGE JOE L. WEBSTER on 03/29/2022, as set out herein. (Bowers, Alexis)
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Filing 53
STIPULATED CONFIDENTIALITY PROTECTIVE ORDER Signed by MAG/JUDGE JOE L. WEBSTER on 03/29/2022, as set out herein. (Bowers, Alexis)
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Filing 52
NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE re #50 Brief, Certificate of Word Count (HUGHES, JOHN)
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Filing 51
NOTICE by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE re #48 Brief, Certificate of Word Count (HUGHES, JOHN)
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Filing 50
BRIEF re #49 Joint MOTION for Entry of Qualified Protective Order Governing the Production of Protected Health Information 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 HIPAA Qualified Protective Order)(HUGHES, JOHN)
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Filing 49
Joint MOTION for Entry of Qualified Protective Order Governing the Production of Protected Health Information by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. Response to Motion due by 4/15/2022 (HUGHES, JOHN)
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Filing 48
BRIEF re #47 Joint MOTION for Entry of Confidentiality Protective Order 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 LR 5.5 Report, #2 Confidentiality Protective Order)(HUGHES, JOHN)
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Filing 47
Joint MOTION for Entry of Confidentiality Protective Order by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. Response to Motion due by 4/15/2022 (HUGHES, JOHN)
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Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #49 Joint MOTION for Entry of Qualified Protective Order Governing the Production of Protected Health Information, #47 Joint MOTION for Entry of Confidentiality Protective Order. (Engle, Anita)
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Filing 46
NOTICE of Attorney Appearance by attorney HUNTER C. CARROLL on behalf of Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER (CARROLL, HUNTER)
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Filing 45
Amended MOTION for Extension of Time by ACCORDIUS HEALTH LLC, THE PORTOPICCOLO GROUP, LLC. (Attachments: #1 Exhibit A - proposed Order)(PHILLIPS, MICHAEL)
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TEXT ORDER granting #45 Motion for Extension of Time. For good cause shown, Defendants, Portopiccolo Group, LLC and Accordius Health, LLC, shall be granted an extension of time to respond to Plaintiffs' First and Second Set of Requests for Production of Documents, up to and including January 10, 2022. Issued by MAG/JUDGE JOE L. WEBSTER on 11/23/2021.(Lee, Pedra)
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Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #45 Amended MOTION for Extension of Time. (Engle, Anita)
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Filing 44
MOTION for Extension of Time by ACCORDIUS HEALTH LLC, THE PORTOPICCOLO GROUP, LLC. (Attachments: #1 Exhibit A - proposed Order)(PHILLIPS, MICHAEL)
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Filing 43
REPLY, filed by Plaintiffs BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE, to Response to #36 MOTION to Amend filed by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. (Attachments: #1 Consent Order, #2 Declaration of Olivia Smith)(HUGHES, JOHN)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #36 MOTION to Amend. (Engle, Anita)
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TEXT ORDER granting #40 Motion to Withdraw as Attorney. For good cause shown, Mark P. Henriques and Womble Bond Dickinson (US) LLP shall be terminated as counsel of record for Defendants. Issued by MAG/JUDGE JOE L. WEBSTER on 10/29/2021.(Lee, Pedra)
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Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #40 MOTION to Withdraw as Attorney MARK P. HENRIQUES. (Engle, Anita)
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Filing 42
NOTICE of Special Appearance by attorney CHRISTIAN T. BECKER on behalf of Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER ( Filing fee $ 25 receipt number 0418-3162537.) (BECKER, CHRISTIAN)
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Filing 41
NOTICE of Special Appearance by attorney JEFFREY EPHRAIM GLATT on behalf of Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER ( Filing fee $ 25 receipt number 0418-3162529.) (GLATT, JEFFREY)
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Filing 40
MOTION to Withdraw as Attorney MARK P. HENRIQUES by on behalf of ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (Attachments: #1 Text of Proposed Order)(HENRIQUES, MARK)
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Filing 39
RESPONSE filed by Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER re #36 MOTION to Amend filed by SONYA HOOKER, BETTY DEAL, SYBIL RUMMAGE, DONNA DEAL, KENNETH MICHAEL DEAL filed by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. Replies due by 11/12/2021 (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Zanziper depo excerpts, #3 Exhibit C - Zanziper depo excerpts, #4 Exhibit D - Zanziper depo excerpts, #5 Exhibit E - Zanziper depo excerpts, #6 Exhibit F - Hyman depo excerpts, #7 Exhibit G - Hyman depo excerpts, #8 Exhibit H - Morrow depo excerpts, #9 Exhibit I - Morrow depo excerpts)(PHILLIPS, MICHAEL)
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TEXT ORDER granting #38 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 October 28, 2021 to respond to Plaintiffs' Motion to Amend Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 9/17/2021.(Lee, Pedra)
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Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: #38 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Amend. (Engle, Anita)
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Filing 38
MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Amend 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 - proposed Order)(PHILLIPS, MICHAEL)
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Filing 37
BRIEF re #36 MOTION to Amend (Plaintiffs' Brief in Support of Motion to Amend) 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)
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Filing 36
MOTION to Amend by BETTY DEAL, DONNA DEAL, KENNETH MICHAEL DEAL, SONYA HOOKER, SYBIL RUMMAGE. Response to Motion due by 9/28/2021 (Attachments: #1 Exhibit Proposed First Amended Complaint)(HUGHES, JOHN)
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Filing 35
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 #28 MOTION to Strike filed by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Filing 34
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 #26 MOTION to Stay filed by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Filing 33
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 #24 MOTION to Dismiss filed by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #26 MOTION to Stay, #28 MOTION to Strike, #24 MOTION to Dismiss. (Engle, Anita)
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Filing 32
RESPONSE in Opposition re #28 MOTION to Strike 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 8/23/2021 (HUGHES, JOHN)
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Filing 31
RESPONSE in Opposition re #26 MOTION to Stay 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 8/23/2021 (HUGHES, JOHN)
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Filing 30
RESPONSE in Opposition re #24 MOTION to Dismiss 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 8/23/2021 (HUGHES, JOHN)
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Filing 29
BRIEF re #28 MOTION to Strike by Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER filed by ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER. (PHILLIPS, MICHAEL)
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Filing 28
MOTION to Strike 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 8/9/2021 (Attachments: #1 Exhibit A - proposed Order)(PHILLIPS, MICHAEL)
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Filing 27
BRIEF re #26 MOTION to Stay by Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER 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 Complaint, #2 Exhibit B - Howze Order, #3 Exhibit C - Howze Notice of Appeal, #4 Exhibit D - 2008 report, #5 Exhibit E - Bartels Complaint)(PHILLIPS, MICHAEL)
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Filing 26
MOTION to Stay 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 8/9/2021 (Attachments: #1 Exhibit A - proposed Order)(PHILLIPS, MICHAEL)
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Filing 25
BRIEF re #24 MOTION to Dismiss by Defendants ACCORDIUS HEALTH LLC, SIMCHA HYMAN, SALISBURY TWO NC PROPCO, LLC, THE CITADEL SALISBURY LLC, THE PORTOPICCOLO GROUP, LLC, NAFTALI ZANZIPER 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 - Rummage 1, #2 Exhibit B - CMS PBJ suspension, #3 Exhibit C - Admissions Agreements, #4 Exhibit D - 2015 Welcome packet, #5 Exhibit E - 201- Welcome packet)(PHILLIPS, MICHAEL)
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Filing 24
MOTION to Dismiss 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 8/9/2021 (Attachments: #1 Exhibit A - proposed Order)(PHILLIPS, MICHAEL)
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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)
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Motions Submitted: #18 MOTION to Stay Further Briefing on Class Certification and Discovery to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Case Reassigned to CHIEF JUDGE THOMAS D. SCHROEDER. JUDGE CATHERINE C. EAGLES no longer assigned to the case. Case Reassigned in error. (Marsh, Keah)
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Motion No Longer Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #18 MOTION to Stay Further Briefing on Class Certification and Discovery. (Engle, Anita)
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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)
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Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #18 MOTION to Stay Further Briefing on Class Certification and Discovery. (Engle, Anita)
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Filing 21
Corrected document re #20 Response in Opposition to Motion,. (HUGHES, JOHN)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 10
Corrected document re #5 Brief,. (Attachments: #1 Table 1, #2 Table 2, #3 Table 3, #4 Table 4)(HUGHES, JOHN)
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Filing 9
Corrected document re #3 Brief,. (HUGHES, JOHN)
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Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
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Filing 8
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
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Filing 7
Summons Issued as to All Defendants. (Sheets, Jamie)
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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)
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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)
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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)
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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)
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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)
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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)
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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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