Martin et al v. Impact Health
| Tasha Martin and Jamie Martin |
| Impact Health and IMPACT HEALTH BIOMETRIC TESTING, INC. |
| 2:2023cv04447 |
| November 13, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| CHAD F KENNEY |
| Civil Rights: Employment |
| 00 U.S.C. § 0000 |
| None |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
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Filing 41
RESPONSE to Motion re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss filed by IMPACT HEALTH BIOMETRIC TESTING, INC.. (THOENI, PARKER)
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Filing 40
PLAINTIFF'S RESPONSE TO DEFENDANTS RENEWED MOTION TO DISMISS ADDRESSING THIRD CIRCUIT LAW, CERTIFICATE OF SERVICE. (JL)
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Filing 39
ORDER THAT PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO RESPOND TO RENEWED MOTION FOR PROTECTIVE ORDER TO STAY DISCOVERY, STAYED PRELIMINARY CONFERENCE AND MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS SHALL HAVE UNTIL 1/2/24 TO RESPOND TO DEFENDANT'S RENEWED MOTION TO DISMISS; ETC.. SIGNED BY HONORABLE CHAD F. KENNEY ON 12/18/23.12/18/23 ENTERED AND E-MAILED, MAILED TO PRO SE.(JL)
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Set/Reset Deadlines as to #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss. RESPONSES DUE BY 1/2/2024. (JL)
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Filing 38
MOTION FOR EXTENSION OF TIME TO RESPOND TO RENEWED MOTION TO FOR PROTECTIVE ORDER TO STAY DISCOVERY, STAYED PRELIMINARY CONFERENCE, AND MOTION TO DISMISS filed by Jamie Martin, Tasha Martin..(bw)
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DOC. #36 AND #37 MAILED TO PRO SE TASHA MARTIN AND PRO SE JAMIE MARTIN (tomg)
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Filing 37
ORDER THAT DEFENDANT'S RENEWED MOTION FOR PROTECTIVE ORDER TO STAY DISCOVERY ADDRESSING THIRD CIRCUIT LAW IS GRANTED; ETC.. SIGNED BY HONORABLE CHAD F. KENNEY ON 12/1/23.12/1/23 ENTERED AND E-MAILED, NOT MAILED TO PRO SE.(JL)
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Filing 36
ORDER THAT AFTER A REVIEW OF THE DOCKET AND ATTORNEY ADMISSIONS, COUNSEL FOR DEFENDANT ROBERT WORLEY IS NOT ADMITTED IN THE EASTERN DISTRICT OF PENNSYLVANIA. ROBERT WORLEY, ESQUIRE COUNSEL FOR DEFENDANT IS DIRECTED TO COMPLY WITH LOCAL RULE OF OF CIVIL PROCEDURE 85.5.2 (b) ON OR BEFORE 12/14/23; ETC.. SIGNED BY HONORABLE CHAD F. KENNEY ON 12/1/23. 12/1/23 ENTERED AND E-MAILED, MAILED BY CHAMBERS TO RBW, JR., NOT MAILED TO PRO SE(JL)
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Filing 35
MOTION to Stay Renewed Motion for Protective Order to Stay Discovery filed by IMPACT HEALTH BIOMETRIC TESTING, INC..Certificate of Service. (Attachments: #1 Exhibit Email with Plaintiffs, #2 Text of Proposed Order)(THOENI, PARKER)
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Filing 34
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Renewed Motion to Dismiss filed by IMPACT HEALTH BIOMETRIC TESTING, INC..Certificate of Service, Memorandum. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(THOENI, PARKER)
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Filing 33
ORDER THAT THE APPLICATIONS FOR ADMISSION PRO HAC VICE OF PARKER E. THOENI AND EVAN L. CONDER TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2 (b) ARE GRANTED; ETC.. SIGNED BY HONORABLE CHAD F. KENNEY ON 11/22/23. 11/22/23 ENTERED AND E-MAILED, MAILED TO PRO SE, MAILED TO COUNSEL.(JL)
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Filing 32
APPLICATION for Admission Pro Hac Vice of Evan L. Conder by IMPACT HEALTH BIOMETRIC TESTING, INC.. ( Filing fee $ 75 receipt number APAEDC-17084390.). (HARRISON, BRUCE)
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Filing 31
APPLICATION for Admission Pro Hac Vice of Parker E. Thoeni by IMPACT HEALTH BIOMETRIC TESTING, INC.. ( Filing fee $ 75 receipt number APAEDC-17084369.). (HARRISON, BRUCE)
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Filing 30
NOTICE of Appearance by BRUCE S. HARRISON on behalf of IMPACT HEALTH BIOMETRIC TESTING, INC. (HARRISON, BRUCE)
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Filing 29
PRO SE NOTICE RE:GUIDELINES (sbt)
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Filing 28
Case transferred in from District of Louisiana Eastern; Case Number 2:23-cv-02497. Original file certified copy of transfer order and docket sheet received.
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Pro Se Guidelines mailed out on 11/15/23 (sbt)
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Filing 27
ORDER AND REASONS: IT IS ORDERED that Defendant's #18 Motion to Dismiss for Improper Venue is GRANTED IN PART AND DENIED IN PART. The Court agrees that venue in this district is improper, but in the interests of justice, TRANSFERS the case to a district of proper venue (Eastern District of Pennsylvania) rather than dismiss the action. Defendant's Rule 12(b)(6) motion is DEFERRED for determination by the transferee court. Signed by Magistrate Judge Donna Phillips Currault on 11/13/2023. (rt) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 26
Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Preliminary Conference held on 11/13/2023. After discussion of Title VII's venue provision and this Court's conclusion that venue is not proper in this district, the parties agreed that venue is appropriate in the Eastern District of Pennsylvania. Accordingly, in accordance with the Order and Reasons issued separately, this matter will be transferred to the United States District Court for the Eastern District of Pennsylvania. (rt) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 25
NOTICE OF DEFICIENT ProSe DOCUMENT: re #24 Response/Memorandum in Opposition to Motion. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 11/30/2023. (Attachments: #1 Deficient Filing) (aj) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 24
***DEFICIENT*** RESPONSE/MEMORANDUM in Opposition re #18 MOTION to Dismiss for Failure to State a Claim and for Improper Venue, #20 MOTION for Protective Order to Stay Discovery filed by Jamie Martin, Tasha Martin. (aj) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 22
Correction of Docket Entry by Clerk re #21 Notice of Appearance.** Document has been stricken. Notice of Appearance is not the proper form to request representation of a party. ** (pp) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 23
CONSENT to Jurisdiction and Order referring case to US Magistrate Judge. Judge Ivan L.R. Lemelle terminated. Case assigned to Magistrate Judge Donna Phillips Currault for all further proceedings. Signed by Judge Ivan L.R. Lemelle on 11/2/2023.(pp)[Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 21
**STRICKEN**NOTICE of Appearance by Parker E. Thoeni on behalf of Impact Health Biometric Testing, Inc. Attorney Parker E. Thoeni added to party Impact Health Biometric Testing, Inc(pty:dft).(Thoeni, Parker) Modified on 11/3/2023 (pp). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 20
MOTION for Protective Order to Stay Discovery by Impact Health. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 11/15/2023. (Attachments: #1 Memorandum in Support of Motion for Protective Order to Stay Discovery, #2 Proposed Order, #3 Notice of Submission)(Worley, Robert) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 19
**DEFICIENT** MOTION for Protective Order to Stay Discovery by Impact Health. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 11/8/2023. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Worley, Robert) Modified on 10/13/2023 (pp). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 18
MOTION to Dismiss for Failure to State a Claim and for Improper Venue by Impact Health. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 11/8/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Worley, Robert) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 17
ORDER: IT IS ORDERED that a Preliminary Conference BY VIDEO is hereby scheduled in this matter on MONDAY, NOVEMBER 13, 2023, at 10:00 A.M., before the undersigned Magistrate Judge. One purpose of the conference is to determine whether all parties consent to proceed before a magistrate judge. Signed by Magistrate Judge Donna Phillips Currault on 10/11/2023. (Attachments: #1 Consent to Proceed) (rt) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 16
ORDER Granting #13 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Donna Phillips Currault on 10/11/2023. (lb) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 15
**DEFICIENT** MOTION to Dismiss by Impact Health. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 10/10/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Worley, Robert) Modified on 10/11/2023 (js). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 14
**DEFICIENT** MOTION for Protective Order To Stay Discovery by Impact Health. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 10/10/2023. (Attachments: #1 Proposed Order)(Worley, Robert) Modified on 10/11/2023 (js). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 13
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Parker Thoeni (Filing fee $ 100 receipt number ALAEDC-10208385) by Impact Health. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Exhibit A- Declaration of Parker E. Thoeni, #2 Exhibit B - Cert of Good Standing, #3 Exhibit C - E Filing Form, #4 Proposed Order)Attorney Robert B. Worley, Jr added to party Impact Health(pty:dft).(Worley, Robert) Modified text on 10/11/2023 (js). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 12
SUMMONS Returned Executed; Impact Health served on 9/19/2023, answer due 10/10/2023. (js) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 10
Summons Issued as to Impact Health. (rt) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 8
ORDER granting #6 Motion for Leave to Proceed in forma pauperis. Plaintiff Jamie Martin may proceed in forma pauperis. IT IS FURTHER ORDERED that, in light of the differing addresses and the absence of telephone numbers in Plaintiffs Complaint (See ECF No. #1 ), Plaintiffs must contact the Clerks Office to confirm their addresses and telephone numbers within five (5) days of this Order. IT IS FURTHER ORDERED that summons to Defendant Impact Health may now issue. Signed by Magistrate Judge Donna Phillips Currault on 7/26/2023. (Attachments: #1 Pauper Letter) (cc: Plaintiff) (rt). (Main Document 8 replaced on 7/26/2023) (rt). Modified text on 7/26/2023 (rt). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 7
ORDER Referring Case to Magistrate Judge Donna Phillips Currault. Signed by Judge Ivan L.R. Lemelle on 07/26/2023.(js)(NEF to Mag 2) Modified on 7/26/2023 (js). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 9
COMPLAINT against Impact Health filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(aj) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 6
EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Jamie Martin. Motion(s) referred to Donna Phillips Currault. (aj) Images QC'd on 7/28/2023 (ss). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 5
NOTICE REGARDING LOCAL CIVIL RULE 54.7 (rt) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 4
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff Tasha Martin may proceed in forma pauperis with regard to her claims only. IT IS FURTHER ORDERED that Plaintiff Jamie Martin comply with the Notice of Deficiency by the previously specified deadline of AUGUST 3, 2023. FAILURE TO DO SO MAY RESULT IN A RECOMMENDATION OF DISMISSAL OF HER CLAIMS WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Clerk withhold issuance of summons until expiration of the August 3, 2023 deficiency deadline. Signed by Magistrate Judge Donna Phillips Currault on 7/19/2023. (rt) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 3
EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Tasha Martin. Motion(s) referred to Donna Phillips Currault. (aj) Images QC'd on 7/25/2023 (ss). [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 2
NOTICE OF DEFICIENT ProSe COMPLAINT: re #1 Complaint. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 8/3/2023. (Attachments: #1 Original Deficient Filing, #2 Application to Proceed in District Court Without Prepaying Fees or Costs-Tasha, #3 Application to Proceed in District Court Without Prepayment Fees or Costs-Jamie) (aj) [Transferred from Louisiana Eastern on 11/15/2023.]
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Filing 1
***DEFICIENT*** COMPLAINT against Impact Health filed by Tasha Martin, Jamie Martin. (Attachments: #1 Civil Cover Sheet)(aj) Images QC'd on 7/25/2023 (ss). [Transferred from Louisiana Eastern on 11/15/2023.]
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