Gignac et al v. Blackbaud Inc
| Jacob Gignac, Jeremy Gignac and Catharine Gignac |
| Blackbaud Inc and EASTERN MAINE HEALTHCARE SYSTEMS doing business as NORTHERN LIGHT HEALTH |
| 3:2021cv00419 |
| February 10, 2021 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2021. A more recent docket listing may be available from PACER.
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Filing 48
ORDER APPOINTING MEDIATOR. This Order relates to all actions. Signed by Honorable J Michelle Childs on 4/9/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
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| Filing 47 CASE MANAGEMENT ORDER NO. 7B (PLAINTIFFS' DEFENDANT FACT SHEET). This Order relates to all actions. Signed by Honorable J Michelle Childs on 4/7/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 46 MOTION to Seal by Plaintiffs' Lead Counsel. Response to Motion due by 4/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A, #3 Certificate of Service)No proposed order.Associated Cases: 3:20-mn-02972-JMC et al.(Kimpson, Marlon) |
| Filing 45 TEXT ORDER: After the second case management conference, the court asked the parties to email a letter to the court detailing their preferred sequence of discovery and motions by March 26, 2021. (ECF No. 53 at 3.) Both parties submitted letters because they were unable to reach an agreement on sequencing. In their letter, Plaintiffs asked the court to allow the parties to submit updated proposals on April 9, 2021, contending that the parties' discussions about sequencing will be more productive after Plaintiffs file their Consolidated Class Action Complaint on April 2, 2021. As the court encourages the parties' collaborative efforts to reach an agreement on the sequence of discovery and motions in this litigation, the court will accept updated proposals from the parties. The parties shall email their updated proposals to childs_ecf@scd.uscourts.gov by April 9, 2021 at 5:00 pm EST. After the court reviews the parties' updated proposals, it will enter a case management order specifying how the litigation will proceed. Signed by Honorable J Michelle Childs on 3/30/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 44 STIPULATED CONFIDENTIALITY ORDER. This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/29/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 43 TEXT ORDER: This matter is before the court to address the production of the forensic report referenced in Case Management Order No. 7A. Because the parties have not yet submitted an agreed upon confidentiality order for its review, the court extends the deadline in Case Management Order No. 7A to 72 hours from the entry date of this Order. This Order relates to all actions. refiled by the clerk to spread to all cases. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 41 CASE MANAGEMENT ORDER NO. 7A (FORENSIC REPORT PRODUCTION)This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
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Filing 40
SCHEDULING ORDER PURSUANT TO CASE MANAGEMENT ORDER NO. 4 Consolidated Complaint due by 4/2/2021, Answer or Rule 12(b) Motion(s) on Jurisdiction, Standing, Forum Selection, or Other Procedural Grounds due by 5/3/2021, Plaintiffs' Opposition(s) due by 6/2/2021, Defendant's Reply due by 6/23/2021. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
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| Filing 39 TEXT ORDER: After reviewing the parties' proposals, the court selects the Honorable Gregory M. Sleet ("Judge Sleet") to serve as Mediator in this MDL. The parties shall submit a joint proposed order appointing Judge Sleet and detailing his duties by April 9, 2021. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 38 TEXT ORDER: After reviewing the parties' proposals, the court selects Maura R. Grossman ("Grossman") to serve as Special Master for Discovery. The parties shall submit a joint proposed order appointing Grossman and detailing her duties by April 9, 2021. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 37 NOTICE of Hearing: Status Conference set for 4/30/2021 10:00 AM - 12:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 36 TEXT ORDER: The third case management conference on April 30, 2021 will take place in Courtroom 3. As Courtroom 3 can only accommodate twenty (20) people while maintaining social distancing, Plaintiffs and Defendant will be limited to six (6) in-person representatives each. Other attorneys who would like to participate in the conference may do so via video or phone. Defense Counsel and Plaintiffs' Liaison Counsel are asked to email a list of the attorneys who would like to participate by video to childs_ecf@scd.uscourts.gov by April 20, 2021. Attorneys who would like to participate by phone will find the conference call instructions attached to the hearing notice in the main docket (3:20-mn-02972-JMC). Signed by Honorable J Michelle Childs on 3/24/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 34 CASE MANAGEMENT ORDER NO. 7 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 2). This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/22/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 33 STIPULATED ORDER GOVERNING PRIVILEGE LOGS. This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/15/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 32 TEXT ORDER: In preparation for the second case management conference, the court asks Plaintiffs' Lead Counsel and Defense Lead Counsel to each propose up to five (5) candidates to serve as Special Master for Discovery and/or Settlement in this MDL. Submissions should be emailed to childs_ecf@scd.uscourts.gov by Thursday, March 18, 2021 at 12:00 pm EST, list the candidate's contact information, and indicate whether the candidate is suited to serve as Discovery Special Master, Settlement Special Master, or both. Signed by Honorable J Michelle Childs on 3/15/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
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Filing 31
STIPULATION AND ORDER REGARDING THE DISCOVERY OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/15/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
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| Filing 30 NOTICE OF HEARING: The Third Status Conference is set for April 30, 2021 10:00 AM - 12:00 PM in Columbia #3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Call-in instructions and invitations for counsel who wish to appear by video conference will be provided at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 29 STIPULATED ORDER GOVERNING THE TAKING OF REMOTE DEPOSITIONS. This Order relates to all actions Signed by Honorable J Michelle Childs on 3/10/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 28 TEXT ORDER: Case Management Order No. 4 (ECF No. 23) requires the parties to submit their proposed Confidentiality Order, Initial ESI Protocol, Discovery Protocol, Document Production Formats, and Privilege Log Stipulation (collectively, "Proposed Governance Documents") to the court by March 9, 2021. This matter is before the court on the joint request of the parties to extend the deadline for submitting the Proposed Governance Documents to March 12, 2021. The court GRANTS the request and extends the deadline for submitting the Proposed Governance Documents to March 12, 2021. Signed by Honorable J Michelle Childs on 3/9/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 27 NOTICE of Appearance by Celeste Tiller Jones on behalf of Blackbaud Inc (Jones, Celeste) |
| Filing 26 CASE MANAGEMENT ORDER NO. 6 (PROTOCOL FOR COMMON BENEFIT WORK AND EXPENSES) Signed by Honorable J Michelle Childs on 3/5/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 25 NOTICE of Hearing: Status Conference set for 3/19/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 24 TEXT ORDER: The second case management conference on March 19, 2021 will take place in Courtroom 3 instead of Courtroom 1. As Courtroom 3 can only accommodate twenty (20) people while maintaining social distancing, Plaintiffs and Defendants will be limited to six (6) in-person representatives each. Other attorneys who would like to participate in the conference may do so via video or phone. Defense counsel and Plaintiffs' Liaison Counsel are asked to email a list of the attorneys who would like to participate by video to childs_ecf@scd.uscourts.gov by March 9, 2021. Attorneys who would like to participate by phone will find the conference call instructions attached to the hearing notice in the main docket (3:20-mn-02972-JMC). Signed by Honorable J Michelle Childs on 2/22/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 23 CASE MANAGEMENT ORDER NO. 5 (APPOINTMENT OF LEADERSHIP COUNSEL). This Order relates to all actions. Signed by Honorable J Michelle Childs on 2/16/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 22 NOTICE TO COUNSEL REGARDING FILING PREFERENCES (asni, ) |
| Filing 21 MDL MEMBER CASE OPENED: Maine, 1:21-00012, Gignac V. Blackbaud, as DSC case 3:21-cv-00419-JMC (asni, ) |
| Filing 20 Case transferred in from District of Maine; Case Number 1:21-cv-00012. Original file certified copy of transfer order and docket sheet received. |
| Filing 19 MDL CERTIFIED TRANSFER ORDER (aks) [Transferred from Maine on 2/10/2021.] |
| Filing 18 MDL CONDITIONAL TRANSFER ORDER (aks) [Transferred from Maine on 2/10/2021.] |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney HOWARD T. LONGMAN and Attorney LYNDA JACOBS GRANT must register for a PACER account and/or register for e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 2/16/2021. For more details on NextGen/Pacer go to our website at www.med.uscourts.gov. (aks) [Transferred from Maine on 2/10/2021.] |
| Filing 17 CERTIFICATION for Admission Pro Hac Vice of Lynda Jacobs Grant filed by JEFFREY NEIL YOUNG on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2438301.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (YOUNG, JEFFREY) [Transferred from Maine on 2/10/2021.] |
| Filing 16 CERTIFICATION for Admission Pro Hac Vice of Howard T. Longman filed by JEFFREY NEIL YOUNG on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2438168.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (YOUNG, JEFFREY) [Transferred from Maine on 2/10/2021.] |
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Filing 15
SCHEDULING ORDER: Discovery due by 6/28/2021. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 7/6/2021. Motions due by 7/19/2021. Ready for Trial on 9/7/2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) [Transferred from Maine on 2/10/2021.]
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| Filing 14 Notice of Voluntary Dismissal by CATHARINE GIGNAC, JACOB GIGNAC, JEREMY GIGNAC (YOUNG, JEFFREY) [Transferred from Maine on 2/10/2021.] |
| Filing 13 STATE COURT RECORD with Affidavit by BLACKBAUD INC. (Attachments: #1 Exhibit A Gignac v. EMHS et al (PENSC-CIV-20-147) Docket Sheet, #2 Exhibit B Gignac v. EMHS et al (PENSC-CIV-20-147) Order on Consent Motion for Enlargement of Time to Serve Response to Complaint by EMHS, #3 Exhibit C Part 1 Gignac v. EMHS et al (PENSC-CIV-20-147) Notice of Filing Notice of Removal, #4 Exhibit C Part 2 Gignac v. EMHS et al (PENSC-CIV-20-147) Notice of Filing Notice of Removal pg 34-67, #5 Exhibit C Part 3 Gignac v. EMHS et al (PENSC-CIV-20-147) Notice of Filing Notice of Removal, #6 Exhibit D Gignac v. EMHS et al (PENSC-CIV-20-147) Consent Motion for Enlargement of Time to Serve Response to Complaint by EMHS, #7 Exhibit E Gignac v. EMHS et al (PENSC-CIV-20-147) Acknowledgment of Receipt of Complaint, #8 Exhibit F Gignac v. EMHS et al (PENSC-CIV-20-147) Acknowledgment of Receipt of Complaint, #9 Exhibit G Part 1 Gignac v. EMHS et al (PENSC-CIV-20-147) Complaint, #10 Exhibit G Part 2 Gignac v. EMHS et al (PENSC-CIV-20-147) Complaint, #11 Exhibit G Part 3 Gignac v. EMHS et al (PENSC-CIV-20-147) Complaint)(MITCHELL, DANIEL) Modified on 1/21/2021 to remove duplicative text (aks). [Transferred from Maine on 2/10/2021.] |
| Reset Deadlines : State Court Record due by 1/22/2021. (aks) [Transferred from Maine on 2/10/2021.] |
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Filing 12
ORDER granting #11 Motion to Amend Procedural Order. Time to file state court record is extended to January 22, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) [Transferred from Maine on 2/10/2021.]
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| Filing 11 Consent MOTION to Amend Procedural Order to Enlarge Deadline for Filing Duplicate State Court Record by BLACKBAUD INC Responses due by 2/5/2021. (MITCHELL, DANIEL) [Transferred from Maine on 2/10/2021.] |
| Filing 10 NOTICE of Interested Parties by EASTERN MAINE HEALTHCARE SYSTEMS (AROMANDO, JOHN) [Transferred from Maine on 2/10/2021.] |
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Filing 9
ORDER granting #8 Motion to Extend Time to File Response to Complaint. Time is extended to February 16, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) [Transferred from Maine on 2/10/2021.]
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| Reset Answer Deadline for EASTERN MAINE HEALTHCARE SYSTEMS : Answer due by 2/16/2021. (aks) [Transferred from Maine on 2/10/2021.] |
| Filing 8 Consent MOTION to Extend Time to File Answer re Set/Reset Answer Deadline by EASTERN MAINE HEALTHCARE SYSTEMS Responses due by 2/3/2021. (Attachments: #1 Exhibit A - Notice of Potential Tag-Along Action)(AROMANDO, JOHN) [Transferred from Maine on 2/10/2021.] |
| Filing 7 NOTICE of Appearance by SARA A. MURPHY on behalf of EASTERN MAINE HEALTHCARE SYSTEMS (MURPHY, SARA) [Transferred from Maine on 2/10/2021.] |
| Filing 6 ANSWER to Complaint by BLACKBAUD INC.(bfa) [Transferred from Maine on 2/10/2021.] |
| Filing 5 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 1/15/2021. By DEPUTY CLERK: Robert Allen. (bfa) [Transferred from Maine on 2/10/2021.] |
| Set Answer Deadline for EASTERN MAINE HEALTHCARE SYSTEMS : Answer due by 1/14/2021. (bfa) [Transferred from Maine on 2/10/2021.] |
| Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due for EASTERN MAINE HEALTHCARESYSTEMS by 1/15/2021. (bfa) [Transferred from Maine on 2/10/2021.] |
| Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2414024.), filed by BLACKBAUD INC.(MITCHELL, DANIEL) [Transferred from Maine on 2/10/2021.] |
| Filing 4 NOTICE to take Judicial Notice re #1 Notice of Removal (bfa) (Additional attachment(s) added on 1/8/2021: #1 Exhibit change of home office address, #2 Exhibit breach report) (bfa). [Transferred from Maine on 2/10/2021.] |
| Filing 3 NOTICE of Interested Parties by BLACKBAUD INC (bfa) [Transferred from Maine on 2/10/2021.] |
| Filing 2 CIVIL COVER SHEET. (bfa) [Transferred from Maine on 2/10/2021.] |
| Filing 1 NOTICE OF REMOVAL from Penobscot County Superior Court, case number CV-20-147. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by BLACKBAUD INC. (Service of Process Deadline 4/7/2021) Fee due by 1/11/2021. (Attachments: #1 Exhibit A - complaint part 1, #2 Exhibit A - complaint part 2, #3 Exhibit B - summons, #4 Exhibit D - change of home office address, #5 Exhibit E - breach report)(bfa) [Transferred from Maine on 2/10/2021.] |
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