SANTORO et al v. TOWER HEALTH et al
| TOWER HEALTH and META PLATFORMS, INC. |
| PATRICK SANTORO and JESSICA LANDIS |
| 5:2022cv04580 |
| November 16, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN F MURPHY |
| EDWARD G SMITH |
| Other Statutes: Other Statutory Actions |
| 18 U.S.C. § 2710 Electronic Communication Protection Act (ECPA) |
| Both |
Docket Report
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| Filing 52 MOTION for Leave to File Notice of Supplemental Authority filed by TOWER HEALTH.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit A (Notice of Supplemental Authority), #3 Exhibit A-1 (Jefferson Health Order), #4 Exhibit A-2 (Jefferson Health Memorandum))(LOUCKS, ERIN) |
| Filing 51 NOTICE by TOWER HEALTH re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Second Amended Complaint, #50 Notice (Other), Defendant's Response to Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Certificate of Service)(LOUCKS, ERIN) |
| Filing 50 NOTICE by JESSICA LANDIS, PATRICK SANTORO re #46 Response in Opposition to Motion, NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS (Attachments: #1 Exhibit A - Doe v. Meta, #2 Exhibit B - Doe v. Regents of UC)(COHEN, DAVID) |
| Filing 49 REPLY to Response to Motion re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Second Amended Complaint filed by TOWER HEALTH. (Attachments: #1 Certificate of Service)(LOUCKS, ERIN) |
Filing 48
ORDER THAT THE STIPULATION (DOC. 47) IS GRANTED, AND THE DUE DATE FOR DEFENDANTS REPLY IN SUPPORT OF ITS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT (DOC. 43) IS HEREBY EXTENDED TO AUGUST 15, 2023. SIGNED BY HONORABLE JOHN F MURPHY ON 8/8/23. 8/8/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 47 STIPULATION re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Second Amended Complaint by TOWER HEALTH. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(LOUCKS, ERIN) |
| Filing 46 RESPONSE in Opposition re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Second Amended Complaint filed by JESSICA LANDIS, PATRICK SANTORO. (Attachments: #1 Exhibit 1 - HHS Bulletin, #2 Text of Proposed Order)(COHEN, DAVID) |
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Filing 45
ORDER THAT THE STIPULATION (DOC. 44) IS GRANTED, AND THE DUE DATE FOR PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS (DOC. 43) IS HEREBY EXTENDED TO AUGUST 1, 2023.SIGNED BY HONORABLE JOHN F MURPHY ON 7/3/23. 7/3/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 44 STIPULATION re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Second Amended Complaint by JESSICA LANDIS, PATRICK SANTORO. (Attachments: #1 Text of Proposed Order)(COHEN, DAVID) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Second Amended Complaint filed by TOWER HEALTH.Brief, Declaration, Certificate of Counsel, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service, #4 Declaration Certificate of Counsel Pursuant to Practices and Procedures of Judge Murphy, #5 Declaration Exhibit A - Declaration of Counsel, #6 Exhibit Exhibit A-1 - Facebook Terms of Service, #7 Exhibit Exhibit A-2 - Facebook Cookies Policy, #8 Exhibit Exhibit A-3 - Off-Facebook Activity: Control your information, #9 Exhibit Exhibit A-4 - How do I manage my future off-Facebook activity, #10 Exhibit Exhibit A-5 - HHS Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates)(LOUCKS, ERIN) |
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Filing 42
STIPULATION AND ORDER THAT DEFENDANT, TOWER HEALTH, IS GRANTED AN EXTENSION OF TIME, UNTIL 6/27/2023, TO RESPOND TO PLAINTIFFS' AMENDED COMPLAINT. SIGNED BY HONORABLE JOHN F MURPHY ON 6/6/23. 6/6/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 41 STIPULATION For Extension of Time to Respond to Second Amended Complaint by TOWER HEALTH. (Attachments: #1 Certificate of Service)(LOUCKS, ERIN) |
| Filing 40 AMENDED COMPLAINT Second Amended Class Action Complaint against TOWER HEALTH, filed by PATRICK SANTORO, JESSICA LANDIS. (Attachments: #1 Exhibit A - Am Cpt Redline)(COHEN, DAVID) |
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Filing 39
ORDER THAT PLAINTIFFS UNOPPOSED MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT (DI 38) IS GRANTED AND PLAINTIFFS SHALL FILE THE SECOND AMENDED COMPLAINT, ATTACHING A REDLINED VERSION AS AN EXHIBIT, NO LATER THAN MAY 30, 2023. DEFENDANT TOWER HEALTHS MOTION TO DISMISS (DI 35) IS DENIED AS MOOT. SIGNED BY HONORABLE JOHN F MURPHY ON 5/23/23.5/23/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 38 Consent MOTION to Amend/Correct filed by JESSICA LANDIS, PATRICK SANTORO.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A - Plaintiffs' Proposed SAC, #3 Exhibit B - Am Cpt to SAC Redline, #4 Text of Proposed Order)(COHEN, DAVID) |
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Filing 37
ORDER THAT THE PARTIES JOINT MOTION FOR EXTENSION OF TIME (DI 36) IS GRANTED AND PLAINTIFFS (STIPULATED OR CONTESTED) MOTION FOR LEAVE TO AMEND OR OTHERWISE RESPOND TO DEFENDANTS MOTION TO DISMISS (DI 35) SHOULD BE EXTENDED TO MAY 18, 2023.SIGNED BY HONORABLE JOHN F MURPHY ON 5/1/23.5/2/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 36 Joint STIPULATION for Extension of Time to File Motion for Leave to Amend filed by JESSICA LANDIS, PATRICK SANTORO.Certificate of Service.(COHEN, DAVID) Modified on 5/10/2023 (lvj). |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by TOWER HEALTH.Brief, Declaration, Certificate of Counsel, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service, #4 Affidavit Certificate of Counsel per Judge Murphy Procedures, #5 Declaration Ex A - Declaration of Counsel for Exhibits 1 through 5, #6 Exhibit A-1 - Introducing Meta: A Social Technology Company, #7 Exhibit A-2 - Meta Terms of Use, #8 Exhibit A-3 - Meta Cookies Policy, #9 Exhibit A-4 - Off-Facebook Activity: Control your information, #10 Exhibit A-5 - Facebook Help Center: How do I manage my future off-Facebook activity)(LOUCKS, ERIN) |
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Filing 34
ORDER THAT DEFENDANT TOWER HEALTH'S MOTION TO DISMISS (DOC. NO. #25 ) IS DENIED AS MOOT. SIGNED BY HONORABLE JOHN F MURPHY ON 3/31/23.3/31/23 ENTERED AND COPIES E-MAILED.(amas)
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Filing 33
ORDER THAT THE CLAIMS AGAINST META PLATFORMS, INC. ARE DISMISSED AND META PLATFORMS, INC. IS TERMINATED AS A PARTY IN VIEW OF THE SEVER AND TRANSFER ORDER (DI 27) AS WELL AS PLAINTIFFS CONSENT (DI 31). SIGNED BY HONORABLE JOHN F MURPHY ON 3/28/23. 3/28/23 ENTERED AND COPIES E-MAILED.(amas)
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Filing 32
STIPULATION AND ORDER THAT DEFENDANT, TOWER HEALTH, IS GRANTED AN EXTENSION OF TIME, UNTIL 4/24/23, TO RESPOND TO PLAINTIFFS AMENDED COMPLAINT. SIGNED BY HONORABLE JOHN F MURPHY ON 3/28/23. 3/28/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by JESSICA LANDIS, PATRICK SANTORO. (Attachments: #1 Exhibit 1 - Am Cpt Exhibit 1, #2 Exhibit 2 - Am Cpt redline)(COHEN, DAVID) |
| Filing 30 STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT by TOWER HEALTH. (LOUCKS, ERIN) |
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Filing 29
ORDER THAT NO LATER THAN MARCH 28, 2023 PLAINTIFFS SHALL FILE THE REDLINED VERSION OF THEIR AMENDED COMPLAINT COMPLIANT WITH SECTION 5 OF JUDGE MURPHYS POLICIES AND PROCEDURES; AND PLAINTIFFS SHALL SHOW CAUSE WHY THE CLAIMS AGAINST META PLATFORMS, INC. SHOULD NOT BE DISMISSED IN LIGHT OF THE SEVER AND TRANSFER ORDER (DI 27). SIGNED BY HONORABLE JOHN F MURPHY ON 3/24/23. 3/24/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 28 AMENDED COMPLAINT against META PLATFORMS, INC., TOWER HEALTH, filed by PATRICK SANTORO, JESSICA LANDIS.(COHEN, DAVID) |
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Filing 27
ORDER THAT THE MOTION (DOC. NO. #18 ) IS GRANTED. PLAINTIFFS CLAIMS AGAINST META WILL BE SEVERED AND TRANSFERRED TO THE NORTHERN DISTRICT OF CALIFORNIA FOR CONSOLIDATION WITH IN RE META PIXEL HEALTHCARE LITIGATION, CASE NO. 22-CV-03580-WHO. PLAINTIFFS REMAINING CLAIMS AGAINST TOWER HEALTH WILL NOT BE TRANSFERRED.SIGNED BY HONORABLE JOHN F MURPHY ON 3/7/23.3/7/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 26 CERTIFICATE of Counsel re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Certification of Counsel pursuant to Judge Murphy's Practices and Procedures for Rule 12 Motions by ERIN P. LOUCKS on behalf of TOWER HEALTH(LOUCKS, ERIN) |
| CIVIL CASE TRANSFERRED ON 3/7/23, TO THE NORTHERN DISTRICT OF CALIFORNIA AS TO DEFENDANT, META, ONLY. (amas) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by TOWER HEALTH.Brief, Declaration, Certificate of Counsel, Certificate of Service. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Affidavit Certificate of Counsel per Judge Murphy Procedures, #4 Declaration Ex A - Declaration of Counsel for Exhibits 1 through 9, #5 Exhibit 1 (Meta Terms of Service), #6 Exhibit 2 (Meta Privacy Policy), #7 Exhibit 3 (Meta Cookies Policy), #8 Exhibit 4 (Meta Introduction), #9 Exhibit 5 (MyTowerHealth Terms and Conditions of Use), #10 Exhibit 6 (Meta for Developers - Get Started), #11 Exhibit 7 (Meta for Developers - Meta Pixel), #12 Exhibit 8 (Facebook Help Center - Off-Facebook Activity), #13 Exhibit 9 (Off-Facebook Activity - Control Your Information), #14 Certificate of Service)(LOUCKS, ERIN) |
| Filing 24 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by TOWER HEALTH.(LOUCKS, ERIN) |
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Filing 23
ORDER THAT DEFENDANT TOWER HEALTH SHALL FILE ITS DISCLOSURE STATEMENT NO LATER THAN 2/27/23. SIGNED BY HONORABLE JOHN F MURPHY ON 2/24/23. 2/24/23 ENTERED AND COPIES E-MAILED.(amas)
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Filing 22
STIPULATION AND ORDER THAT THE DEADLINE FOR TOWER HEALTH TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT IS EXTENDED TO 3/6/23. SIGNED BY HONORABLE JOHN F MURPHY ON 2/7/23. 2/7/23 ENTERED & E-MAILED.(fdc)
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| Filing 21 STIPULATION to extend time for Tower Health to answer or otherwise respond to Plaintiffs' Complaint by TOWER HEALTH. (LOUCKS, ERIN) |
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Filing 20
ORDER THAT THE MOTION (DOC. NO. #17 ) IS GRANTED. DEFENDANT META PLATFORMS, INC. SHALL HAVE UP TO AND INCLUDING 30 DAYS AFTER THE COURT RULES ON PLAINTIFFS AND METAS FORTHCOMING JOINT MOTION TO SEVER AND TRANSFER PLAINTIFFS CLAIMS AGAINST META TO RESPOND TO THE COMPLAINT. SIGNED BY HONORABLE JOHN F MURPHY ON 1/31/23.1/31/23 ENTERED AND COPIES E-MAILED.(amas)
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Filing 19
ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF LAUREN R. GOLDMAN, ESQUIRE IS GRANTED. SIGNED BY HONORABLE JOHN F MURPHY ON 1/31/23. 1/31/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 18 Joint MOTION to Sever and Transfer Claims Against Meta Platforms, Inc. filed by META PLATFORMS, INC... (Attachments: #1 Declaration of Lauren R. Goldman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(GUNDERSON, KARL) |
| Filing 17 Consent MOTION for Extension of Time to File Answer filed by META PLATFORMS, INC..Certificate of Service. (Attachments: #1 Text of Proposed Order)(GUNDERSON, KARL) |
| Filing 16 APPLICATION for Admission Pro Hac Vice of Lauren R. Goldman by META PLATFORMS, INC.. ( Filing fee $ 40 receipt number APAEDC-16466601.). (Attachments: #1 Exhibit Certificate of Good Standing)(GUNDERSON, KARL) |
| Filing 15 Disclosure Statement Form pursuant to FRCP 7.1 by META PLATFORMS, INC..(GUNDERSON, KARL) |
| Filing 14 NOTICE of Appearance by KARL GUNDERSON on behalf of META PLATFORMS, INC. (GUNDERSON, KARL) |
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Filing 13
ORDER OF 1/24/23 THAT THE ABOVE CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE EDWARD G. SMITH TO THE CALENDAR OF THE HONORABLE JOHN F. MURPHY. ETC. SIGNED BY CLERK OF COURT GEORGE WYLESOL ON 1/24/23. 1/24/23 ENTERED AND COPIES E-MAILED. (DT)
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Filing 12
ORDER OF 1/13/23 THAT THE STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE FOR DEFENDANT TOWER HELATH TO RESPONSE TO THE PLAINTIFFS COMPLAINT IS APPROVED; TOWER HEALTH SHALL RESPOND TO THE COMPLAINT BY FEBRUARY 13, 2023. SIGNED BY JUDGE: EDWARD G. SMITH ON 1/13/23. 1/13/23 ENTERED AND COPIES E-MAILED. (DT) Modified on 1/13/2023 (dt).
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| Filing 11 NOTICE of Appearance by ERIN P. LOUCKS on behalf of TOWER HEALTH with Certificate of Service(LOUCKS, ERIN) |
| Filing 10 STIPULATION FOR EXTENSION OF TIME by TOWER HEALTH. (LOUCKS, ERIN) |
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Filing 9
ORDER OF 12/8/22 THAT AFTER CONSIDERING THE APPLICATION OF TERESA M. BECVAR, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b)(DOC. 4) IS GRANTED.. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/8/22. 12/8/22 ENTERED AND COPIES E-MAILED.(dt)
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| Filing 8 APPLICATION for Admission Pro Hac Vice of Teresa M. Becvar by PATRICK SANTORO. ( Filing fee $ 40 receipt number APAEDC-16357041.). (Attachments: #1 Exhibit Certificate of Good Standing)(BECVAR, TERESA) |
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Filing 7
ORDER OF 12/7/22 THAT AFTER CONSIDERING THE APPLICATION OF RYAN F. STEPHAN, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b), (DOC. NO. 5), IT IS HEREBY ORDERED THAT THE APPLICATION IS GRANTED. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 12/7/22. 12/7/22 ENTERED AND COPIES E-MAILED. (DT) (COPY NOT MAILED TO UNREP PARTY)
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Filing 6
ORDER OF 12/7/22 THAT AFTER CONSIDERING THE APPLICATION OF JAMES B. ZOURAS, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) (DOC. 4), IT IS HEREBY ORDERED THAT THE APPLICATION IS GRANTED. SIGNED BY JUDGE: EDWARD G. SMITH ON 12/7/22. 12/7/22 ENTERED AND COPIES E-MAILED. (DT) (COPY NOT MAILED TO UNREPRESENTED PARTY)
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| Copy of Doc. 6 and 7 mailed to Unrep. (mas) |
| Filing 5 APPLICATION for Admission Pro Hac Vice of Ryan F. Stephan by PATRICK SANTORO. ( Filing fee $ 40 receipt number APAEDC-16354987.). (Attachments: #1 Exhibit Certificate of Good Standing)(STEPHAN, RYAN) |
| Filing 4 APPLICATION for Admission Pro Hac Vice of James B. Zouras by PATRICK SANTORO. ( Filing fee $ 40 receipt number APAEDC-16353648.). (Attachments: #1 Exhibit Certificate of Good Standing)(ZOURAS, JAMES) |
| Filing 3 WAIVER OF SERVICE Returned Executed by PATRICK SANTORO. META PLATFORMS, INC. waiver sent on 11/30/2022, answer due 1/29/2023. (COHEN, DAVID) |
| Filing 2 Summons Issued as to META PLATFORMS, INC., TOWER HEALTH. Forwarded To: Counsel on 11/17/22 (dt) |
| DEMAND for Trial by Jury by JESSICA LANDIS, PATRICK SANTORO. (dt) |
| Filing 1 COMPLAINT against META PLATFORMS, INC., TOWER HEALTH ( Filing fee $ 402 receipt number APAEDC-16316335.), filed by PATRICK SANTORO, JESSICA LANDIS. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(COHEN, DAVID) |
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