NAUGLE et al v. META PLATFORMS, INC. et al
| KIM NAUGLE and AFRIKA WILLIAMS |
| META PLATFORMS, INC., DUKE UNIVERSITY HEALTH SYSTEM, INC. and WAKEMED |
| 1:2022cv00727 |
| September 1, 2022 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOI ELIZABETH PEAKE |
| Other Statutory Actions |
| 18 U.S.C. § 2510 Wire and Electronics Communications Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE re: #48 MOTION to Dismiss First Amended Complaint, (Daniel, J)
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Motions No Longer Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #48 MOTION to Dismiss First Amended Complaint. (Daniel, J)
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Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #48 MOTION to Dismiss First Amended Complaint. (Daniel, J)
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Filing 51
REPLY in Support re #48 MOTION to Dismiss First Amended Complaint filed by DUKE UNIVERSITY HEALTH SYSTEM, INC. (ANDERSON, MARK) Modified on 10/2/2023 to correct title of document and delete reply deadline. (Taylor, Abby).
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Filing 50
RESPONSE in Opposition re #49 Memorandum filed by DUKE UNIVERSITY HEALTH SYSTEM, INC., #48 MOTION to Dismiss First Amended Complaint filed by DUKE UNIVERSITY HEALTH SYSTEM, INC. filed by AFRIKA WILLIAMS. Replies due by 10/2/2023 (HARRELL, JAMES)
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Filing 49
MEMORANDUM filed by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. re #48 MOTION to Dismiss First Amended Complaint filed by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (ANDERSON, MARK)
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Filing 48
MOTION to Dismiss First Amended Complaint by DUKE UNIVERSITY HEALTH SYSTEM, INC.. Response to Motion due by 9/18/2023 (ANDERSON, MARK)
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Filing 47
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 07/31/2023, that Defendant Duke University Health System Inc.'s Motion to Dismiss Class Action Complaint, (Doc. #19 ), is DENIED AS MOOT WITHOUT PREJUDICE to Defendant filing a new motion to dismiss Plaintiff's Amended Complaint, if warranted. (Taylor, Abby)
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Filing 46
First AMENDED COMPLAINT against defendant DUKE UNIVERSITY HEALTH SYSTEM, INC., filed by AFRIKA WILLIAMS.(HARRELL, JAMES)
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Filing 45
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 06/28/2023, that, in light of Plaintiff Naugle's Notice of Voluntary Dismissal of WakeMed [Doc. #44 ], Defendant WakeMed's Motion to Sever and Transfer [Doc. #21 ] and Defendant WakeMed's Motion to Dismiss Plaintiffs' Class Action Complaint [Doc. #23 ] are terminated as MOOT. FURTHER ORDERED that Plaintiffs have thirty (30) days, until July 28, 2023, to file an Amended Complaint that includes only the claims and parties remaining, so that the Court and remaining Defendant have a clear and plain statement of the claims that Plaintiffs still intend to assert in this action. The filing of an Amended Complaint will render moot the remaining pending Motion to Dismiss [Doc. #19 ], and that Motion can be re-filed as appropriate within thirty (30) days of the filing of the Amended Complaint, with further briefing as provided in Local Rule 7.3. (Taylor, Abby)
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Set Amended Complaint Deadline: Amended Complaint due by 7/28/2023. (Taylor, Abby)
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Filing 44
NOTICE of Voluntary Dismissal as to party(s) KIM NAUGLE (On behalf of themselves and all others similarly situated) and WAKEMED, filed by Plaintiff KIM NAUGLE (BAXTER-KAUF, KATE)
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Filing 43
RESPONSE re #42 Suggestion of Subsequently Decided Authority filed by WAKEMED. Replies due by 2/17/2023 (MCGUIRE, MATTHEW)
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Filing 42
Suggestion of Subsequently Decided Authority by Plaintiffs KIM NAUGLE, AFRIKA WILLIAMS. (BAXTER-KAUF, KATE)
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Case Reassigned to JUDGE WILLIAM L. OSTEEN, JR. UNASSIGNED no longer assigned to the case. (Marsh, Keah)
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Filing 41
NOTICE of Special Appearance by attorney PETER H. BURKE on behalf of Plaintiffs KIM NAUGLE, AFRIKA WILLIAMS ( Filing fee $ 25 receipt number ANCMDC-3464599.) (BURKE, PETER)
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Filing 40
NOTICE of Special Appearance by attorney KAREN HANSON RIEBEL on behalf of Plaintiffs KIM NAUGLE, AFRIKA WILLIAMS ( Filing fee $ 25 receipt number ANCMDC-3460727.) (RIEBEL, KAREN)
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Filing 39
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/28/2022, that the Joint Motion to Transfer and Sever [Doc. #16 is GRANTED, and Plaintiffs' claims against Meta-Counts One, Two, Three, Four,Five, Six, and Seven in the Complaint [Doc. #1 -are hereby severed and transferred to the Northern District of California for coordination with In re Meta Pixel Healthcare Litigation, Case No. 3 :22-cv-03580-WHO. Plaintiffs' remaining claims against Duke University Health System, Inc. and WakeMed are not transferred by this Order.(Taylor, Abby)
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Filing 38
Notice to Parties RE: SO30. (Attachments: #1 Consent Form) Response due 1/17/2023(Winchester, Robin)
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Filing 37
NOTICE of Special Appearance by attorney PAUL G KARLSGODT on behalf of Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. ( Filing fee $ 25 receipt number ANCMDC-3450264.) (KARLSGODT, PAUL)
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Motions Referred: RE: #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #21 MOTION to Sever and Transfer, #23 MOTION to Dismiss Plaintiffs' Class Action Complaint, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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Filing 36
REPLY, filed by Defendant WAKEMED, to Response to #23 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by WAKEMED. (MCGUIRE, MATTHEW)
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Filing 35
REPLY, filed by Defendant WAKEMED, to Response to #21 MOTION to Sever and Transfer filed by WAKEMED. (MCGUIRE, MATTHEW)
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Filing 34
REPLY, filed by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC., to Response to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (SCULLY, ELIZABETH)
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Filing 32
***Filed in Error*** REPLY, filed by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC., to Response to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (SCULLY, ELIZABETH) Modified on 12/13/2022 to mark filed in error. Attorney to refile. (Bowers, Alexis)
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Filing 31
NOTICE of Special Appearance by attorney MAUREEN KANE BERG on behalf of Plaintiffs KIM NAUGLE, AFRIKA WILLIAMS ( Filing fee $ 25 receipt number ANCMDC-3445421.) (BERG, MAUREEN)
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Filing 30
NOTICE of Special Appearance by attorney KATE M. BAXTER-KAUF on behalf of Plaintiffs KIM NAUGLE, AFRIKA WILLIAMS ( Filing fee $ 25 receipt number ANCMDC-3445410.) (BAXTER-KAUF, KATE)
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Filing 29
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/07/2022, granting #28 Motion for Extension of Time to Answer filed by META PLATFORMS, INC. Meta shall have up to and including 30 days after the Court rules on the Joint Motion to Sever and Transfer Claims Against Meta Platforms, Inc. to the Northern District of California, to answer or otherwise respond to Plaintiffs' complaint. (Taylor, Abby)
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Motions Referred: RE: #28 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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Filing 28
Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by META PLATFORMS, INC.. (Attachments: #1 Text of Proposed Order)(GOLDMAN, LAUREN)
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Filing 27
RESPONSE in Opposition re #21 MOTION to Sever and Transfer filed by WAKEMED filed by KIM NAUGLE, AFRIKA WILLIAMS. Replies due by 12/13/2022 (HARRELL, JAMES)
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Filing 26
RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC., #23 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by WAKEMED filed by KIM NAUGLE, AFRIKA WILLIAMS. Replies due by 12/13/2022 (HARRELL, JAMES)
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Filing 25
NOTICE of Special Appearance by attorney ELIZABETH ANNE SCULLY on behalf of Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. ( Filing fee $ 25 receipt number ANCMDC-3431365.) (SCULLY, ELIZABETH)
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Filing 24
MEMORANDUM filed by Defendant WAKEMED re #23 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by WAKEMED. (Attachments: #1 Exhibit 1 - Notice of Privacy Practices)(MCGUIRE, MATTHEW)
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Filing 23
MOTION to Dismiss Plaintiffs' Class Action Complaint by WAKEMED. Response to Motion due by 11/29/2022 (MCGUIRE, MATTHEW)
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Filing 22
MEMORANDUM filed by Defendant WAKEMED re #21 MOTION to Sever and Transfer filed by WAKEMED. (Attachments: #1 Exhibit A - Matthiae Complaint, Case No. 5:22cv00433 (E.D.N.C.))(MCGUIRE, MATTHEW)
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Filing 21
MOTION to Sever and Transfer by WAKEMED. Response to Motion due by 11/29/2022 (MCGUIRE, MATTHEW)
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Filing 20
MEMORANDUM filed by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (ANDERSON, MARK)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DUKE UNIVERSITY HEALTH SYSTEM, INC.. Response to Motion due by 11/29/2022 (Attachments: #1 Text of Proposed Order)(ANDERSON, MARK)
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Motions Referred: RE: #18 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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Filing 18
Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by WAKEMED. (Attachments: #1 Text of Proposed Order)(MCGUIRE, MATTHEW)
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Motions Referred: RE: #17 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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ORDER granting #17 Motion for Extension of Time to Answer filed by META PLATFORMS, INC. Answer due 12/8/2022. Signed by Gloria L. Powell on 11/4/2022 on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria)
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Filing 17
Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by META PLATFORMS, INC.. (Attachments: #1 Text of Proposed Order)(GOLDMAN, LAUREN)
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Motion Submitted: #16 Joint MOTION to Sever and Transfer Plaintiffs' Claims Against Meta Platforms, Inc. to JUDGE WILLIAM L. OSTEEN, JR. (Marsh, Keah)
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Filing 16
Joint MOTION to Sever and Transfer Plaintiffs' Claims Against Meta Platforms, Inc. by META PLATFORMS, INC.. Response to Motion due by 11/14/2022 (Attachments: #1 Affidavit Declaration of Lauren R. Goldman in support of Joint Motion, #2 Text of Proposed Order Granting Joint Motion)(GOLDMAN, LAUREN)
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Filing 15
NOTICE of Special Appearance by attorney TRENTON JAMES VAN OSS on behalf of Defendant META PLATFORMS, INC. ( Filing fee $ 25 receipt number ANCMDC-3409922.) (VAN OSS, TRENTON)
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Filing 14
NOTICE of Special Appearance by attorney LAUREN R. GOLDMAN on behalf of Defendant META PLATFORMS, INC. ( Filing fee $ 25 receipt number ANCMDC-3409921.) (GOLDMAN, LAUREN)
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Filing 13
Corporate Disclosure Statement. (MARTENS, MATTHEW)
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Filing 12
NOTICE of Attorney Appearance by attorney MATTHEW T. MARTENS on behalf of Defendant META PLATFORMS, INC. (MARTENS, MATTHEW)
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Filing 11
Corporate Disclosure Statement by Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC.. (ANDERSON, MARK)
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Filing 10
Corporate Disclosure Statement by Defendant WAKEMED. (MCGUIRE, MATTHEW)
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Filing 9
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/03/2022, granting #7 Motion for Extension of Time to Answer filed by WAKEMED to 11/8/2022. Answer due by 11/8/2022. (Taylor, Abby)
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Filing 8
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/03/2022, granting #5 Motion for Extension of Time to Answer filed by DUKE UNIVERSITY HEALTH SYSTEM, INC. to 11/8/2022. Answer due by 11/8/2022. (Taylor, Abby)
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Motions Referred: RE: #5 Consent MOTION for Extension of Time to File Answer re #1 Complaint, , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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Motions Referred: RE: #7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
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Filing 7
Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Pleading by WAKEMED. (Attachments: #1 Text of Proposed Order)(MCGUIRE, MATTHEW) Modified on 9/29/2022 requested proposed order (Garrett, Kim).
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Filing 6
NOTICE of Attorney Appearance by attorney MATTHEW PATRICK MCGUIRE on behalf of Defendant WAKEMED (MCGUIRE, MATTHEW)
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Filing 5
Consent MOTION for Extension of Time to File Answer re #1 Complaint, by DUKE UNIVERSITY HEALTH SYSTEM, INC.. (Attachments: #1 Text of Proposed Order)(ANDERSON, MARK) Modified on 9/29/2022 requested proposed order (Garrett, Kim).
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Filing 4
NOTICE of Attorney Appearance by attorney MARK E. ANDERSON on behalf of Defendant DUKE UNIVERSITY HEALTH SYSTEM, INC. (ANDERSON, MARK)
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Filing 3
WAIVER OF SERVICE Returned Executed by KIM NAUGLE, AFRIKA WILLIAMS. META PLATFORMS, INC. waiver sent on 9/9/2022, answer due 11/8/2022. (HARRELL, JAMES)
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Filing 2
Summons Issued as to All Defendants. (Attachments: #1 Summons - DUKE UNIVERSITY HEALTH SYSTEM, INC., #2 Summons - WAKEMED) (Carter, Alexus)
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Filing 1
COMPLAINT - CLASS ACTION with DEMAND FOR JURY TRIAL against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3372762.), filed by KIM NAUGLE, AFRIKA WILLIAMS. (Attachments: #1 Civil Cover Sheet)(HARRELL, JAMES) Modified on 9/1/2022 to add complete title of document. (Carter, Alexus).
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Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Carter, Alexus)
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CASE REFERRED to Standing Order 30. (Carter, Alexus)
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