Silvers et al v. HCA Healthcare, Inc.
| Gary Silvers and Richard Marous |
| HCA Healthcare, Inc. |
| Gregory Crossman, Marissa Aragon, Abby Rubenfeld, Peter Sandstrom, Greg Marcisz, Laura Delapaz, Joshua Tuttle-Maceina, Andrea Abramovic, Zita Bowers, Michon Coats, Jonee Coleman, Suzanne Wallace, Ebony Hayes, Janna Nelson, B.W., A.B., J.W., Linda Simon, Gabriel Vater, Mary Del Vecchio, Alana Metcalf, Arthur Dekenipp, Angeline Hudson, Kelsey Hinds, Brittany Bonecutter, Cynthia Benbow, Scott Dry, Ross Harada, Danielle Hunter, Tina Martinez, Kaley Palmi, Brian Phan, Brooke Wallace Schulz, Kathleen Scott, Meredith Spies, Rebecca Thomas, Marcus Glascock, M.R. and D.S., Sandra Prosser Hahn, Jennifer Sperling, Leslie Sperling, Rasheed Abdul-Latif and Sarah Martin |
| 3:2023cv00684 |
| July 12, 2023 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Alistair Newbern |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
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| Filing 47 CERTIFICATE OF SERVICE by Rasheed Abdul-Latif, Jennifer Sperling, Leslie Sperling re #45 MOTION to Appoint Counsel (Gilreath, Sidney) |
| Filing 46 CERTIFICATE OF SERVICE by Rasheed Abdul-Latif, Jennifer Sperling, Leslie Sperling re #44 Amended Complaint (Gilreath, Sidney) |
| NOTICE TO FILER re DE#44 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (ad) |
| NOTICE TO FILER re DE#45 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (ad) |
| Filing 45 MOTION to Appoint Counsel by Rasheed Abdul-Latif, Jennifer Sperling, Leslie Sperling. (Attachments: #1 Exhibit CMST Resume, #2 Exhibit Pachman Resume, #3 Exhibit SG Firm Resume, #4 Exhibit Proposed Billing Protocol)(Gilreath, Sidney) |
| Filing 44 AMENDED COMPLAINT against All Defendants, filed by Jennifer Sperling, Rasheed Abdul-Latif, Leslie Sperling.(Gilreath, Sidney) |
| Filing 43 BUSINESS ENTITY DISCLOSURE STATEMENT filed by HCA Healthcare, Inc.. (Phillips, W.) |
| DC State Bar status verified as active for Andrew B. Clubok, Susan E. Engel not admitted to this court - Local counsel secured. (ad) |
| CA State Bar status verified as active for Melanie M. Blunschi, Elizabeth L. Deeley not admitted to this court - Local counsel secured. (ad) |
| Filing 41 MOTION for attorney Susan E. Engel to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3905547) by HCA Healthcare, Inc.. (Attachments: #1 Attachment - Declaration of Susan E. Engel, #2 Attachment - Certificate of Good Standing)(Phillips, W.) |
| Filing 40 MOTION for attorney Andrew B. Clubok to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3905530) by HCA Healthcare, Inc.. (Attachments: #1 Attachment - Declaration of Andrew B. Clubok, #2 Attachment - Certificate of Good Standing)(Phillips, W.) |
| Filing 39 MOTION for attorney Elizabeth L. Deeley to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3905450) by HCA Healthcare, Inc.. (Attachments: #1 Attachment - Declaration of Elizabeth L. Deeley, #2 Attachment - Certificate of Good Standing)(Phillips, W.) |
| Filing 38 MOTION for attorney Melanie M. Blunschi to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3905414) by HCA Healthcare, Inc.. (Attachments: #1 Attachment - Declaration of Melanie M. Blunschi, #2 Attachment - Certificate of Good Standing)(Phillips, W.) |
| Filing 37 MOTION for attorney Marissa Alter-Nelson to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3905395) by HCA Healthcare, Inc.. (Attachments: #1 Attachment - Declaration of Marissa Alter-Nelson, #2 Attachment - Certificate of Good Standing)(Phillips, W.) |
Filing 42
ORDER: I hereby recuse myself in this case. The file shall be returned to the Clerk for reassignment to another Judge. Because all District Judges in the Middle District of Tennessee have recused in this matter, a Judge from outside this District will be designated by the Sixth Circuit Court of Appeals. When the designation is made, the case will be reassigned. Signed by District Judge William L. Campbell, Jr on 09/05/23. (ad)
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| Filing 36 MOTION to Clarify re #19 Order,,,,,, Terminate Motions,,,,, Motion To Clarify Schedule For Appointment Of Interim Class Counsel by Angeline Hudson. (Attachments: #1 Attachment Proposed Order)(Stranch, James) |
| MN State Bar status verified as active for Rachel K. Tack not admitted to this court - Local counsel secured. (ad) |
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Filing 35
ORDER: The Court has been notified that the following action is related to and should be consolidated with In re: HCA Healthcare, Inc. Data Security Litigation, Case No. 3:23-cv-00684 (the "Consolidated Action"). Warren v. HCA Healthcare, Inc., No. 3:23-cv-00925 (M.D. Tenn., filed August 30,2023). Pursuant to the Court's August 24, 2023 Order (Doc. No. #19 ), the above-listed related case ("Related Action") is hereby consolidated with In re HCA Healthcare, Inc. Data Security Litigation, Case No. 3:23-cv-00684. All future filings in the Related Action shall be filed in the Consolidated Action, case number 3:23-cv-00684.The Clerk is DIRECTED to enter a copy of this Order and the August 24, 2023 Order (Doc. No. #19 ) in the above-listed related case and administratively close that case. Signed by District Judge William L. Campbell, Jr on 09/01/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 34 NOTICE by HCA Healthcare, Inc. Notice of Related Action (Phillips, W.) |
| Filing 33 MOTION for attorney Rachel K. Tack to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3902385) by Angeline Hudson. (Attachments: #1 Attachment Certificate of Good Standing)(Stranch, James) |
| Filing 32 ***DISREGARD***NOTICE of Business Entity Disclosure Statement filing requirement. (ad) Modified on 8/31/2023 (ad). |
| DC State Bar status verified as active for Douglas J. McNamara not admitted to this court - Local counsel secured. (ad) |
| TN State Bar status verified as active for Sidney W. Gilreath admitted to this court. (ad) |
| CA State Bar status verified as active for Claire Torchiana not admitted to this court - Local counsel secured. (ad) |
| MA State Bar status verified as active for Gemma Seidita not admitted to this court - Local counsel secured. (ad) |
| CA State Bar status verified as active for Sabita J. Soneji not admitted to this court - Local counsel secured. (ad) |
| Filing 30 MOTION for attorney Gemma Seidita to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3900528) by Arthur Dekenipp. (Chalos, Mark) |
| Filing 29 MOTION for attorney Sabita Soneji to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3900523) by Arthur Dekenipp. (Chalos, Mark) |
| Filing 28 MOTION for attorney Claire Torchiana to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3900111) by Rasheed Abdul-Latif, Jennifer Sperling, Leslie Sperling. (Attachments: #1 Attachment Certificate of Good Standing)(Gilreath, Sidney) |
| Filing 27 MOTION for attorney Douglas J. McNamara to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3900109) by Rasheed Abdul-Latif, Linda Simon, Jennifer Sperling. (Attachments: #1 Attachment Certificate of Good Standing)(Gilreath, Sidney) |
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Filing 26
ORDER: The Motion for attorney Kelly K. Iverson to Appear Pro Hac Vice filed in Case No. 3:23-cv-00794 (Doc. No. 10) before consolidation is GRANTED. Signed by Lynda M. Hill, Clerk of Court, on 08/28/2023.(lh)
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Filing 25
ORDER: The Motion for attorney Maureen M. Brady to Appear Pro Hac Vice filed in Case No. 3:23-cv-00835 (Doc. No. 14) before consolidation is GRANTED. Signed by Lynda M. Hill, Clerk of Court, on 08/28/2023.(lh)
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Filing 24
ORDER: The Motion for attorney Francesca Kester Burne to Appear Pro Hac Vice filed in Case No. 3:23-cv-00740 (Doc. No. 10) before consolidation is GRANTED. Signed by Lynda M. Hill on 08/28/2023. (lh)
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Filing 23
ORDER: Defendant HCA Healthcare, Inc. ("HCA") has notified the Court that the following actions are related and should be consolidated with In re: HCA Healthcare, Inc. Data Security Litigation, Case No. 3:23-cv-00684 (the "Consolidated Action".) The Clerk is DIRECTED to enter a copy of this Order and the August 24, 2023 Order (Doc. No. #19 ) in the above-listed related cases and administratively close those cases. Signed by District Judge William L. Campbell, Jr on 08/28/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) (Main Document 23 replaced on 8/28/2023) (ad). Modified on 8/28/2023 (ad).
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Filing 22
ORDER: Defendant HCA Healthcare, Inc. ("HCA") has notified the Court that the following actions are related and should be consolidated with In re: HCA Healthcare, Inc. Data Security Litigation, Case No. 3:23-cv-00684 (the "Consolidated Action"). Pursuant to the Court's August 24, 2023 Order (Doc. No. #19 ), the above-listed related cases ("Related Actions") (see order) are hereby consolidated with In re HCA Healthcare, Inc. Data Security Litigation, Case No. 3:23-cv-00684. The Clerk is DIRECTED to enter a copy of this Order and the August 24, 2023 Order (Doc. No. #19 ) in the above-listed related cases and administratively close those cases. Signed by District Judge William L. Campbell, Jr on 08/25/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 21 NOTICE by HCA Healthcare, Inc. re #19 Order,,,,,, Terminate Motions,,,,, Notice of Related Action (Phillips, W.) |
| Filing 20 NOTICE by HCA Healthcare, Inc. re #19 Order,,,,,, Terminate Motions,,,,, Notice of Related Actions (Phillips, W.) |
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Filing 19
ORDER: This matter, having come before the Court by the Plaintiffs in the above-captioned cases by their Motion to Consolidate Actions and Set Schedule for Appointment of Interim Co-lead Counsel and Filing of Consolidated Class Action Complaint (the "Motion") (Doc. No. #10 ), and the Court having reviewed the papers and for good cause shown, the Motion is GRANTED as set forth below. The Clerk of the Court is DIRECTED to administratively close all of the Related Actions except Silvers. Any initial case management conferences scheduled in the Related Actions are CANCELLED to be reset by the Magistrate Judge following entry of this Order. All future filings in the Consolidated Action shall be filed under the lead case number 3:23-cv-00684. Plaintiffs in the Consolidated Actions shall file an operative Consolidated Class Action Complaint within 45 days of the Order Appointing Leadership. Defendant's response to the Consolidated Class Action Complaint shall be due 45 days after the Consolidated Class Action Complaint is filed. Signed by District Judge William L. Campbell, Jr on 08/23/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) Modified on 8/24/2023 (ad).
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Filing 18
ORDER OF RECUSAL. District Judge Eli J. Richardson recused. (Case randomly reassigned to District Judge William L. Campbell, Jr by the Clerk's Office for all further proceedings). Signed by District Judge Eli J. Richardson on 08/18/23. (ad)
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| NOTICE TO COUNSEL Marissa Alter-Nelson: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 9/8/2023. (ad) |
| NY State Bar status verified as active for Marissa Alter-Nelson not admitted to this court - Local counsel secured. (ad) |
| Filing 17 NOTICE of Filing by HCA Healthcare, Inc. Waiver of Service of Summons (Attachments: #1 Exhibit 1 - Waiver of the Service of Summons)(Phillips, W.) |
| Filing 16 NOTICE by Richard Marous, Gary Silvers of Related Actions (Ostrow, Jeffrey) |
| Filing 15 SUMMONS returned executed by Richard Marous, Gary Silvers. HCA Healthcare, Inc. served on 7/19/2023. (Shamis, Andrew) |
| TN State Bar status verified as active for W. Brantley Phillips, Jr, Kathryn Hannen Walker, Taylor M. Sample, Peter C. Rathmell admitted to this court. (ad) |
| Filing 14 NOTICE of Appearance by W. Brantley Phillips, Jr on behalf of HCA Healthcare, Inc. (Phillips, W.) |
| Filing 13 NOTICE by HCA Healthcare, Inc. Notice of Non-Opposition to Plaintiffs' Motion to Consolidate (Phillips, W.) |
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Filing 12
ORDER REASSIGNING CASE: This matter is related to Crossman v. HCA Healthcare, Case No. 3:23-cv-00688, which is assigned to Magistrate Judge Frensley. Accordingly, the Clerk's Office is DIRECTED to transfer this matter to Magistrate Judge Frensley for all future proceedings. The initial case management conference set on September 11, 2023, is CANCELLED and will be reset by the assigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 07/31/23. (ad)
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| Filing 11 MEMORANDUM in Support of #10 MOTION to Consolidate Cases Set Schedule for Appointment of Interim Co-Lead Counsel and for Filing Consolidated Class Action Complaint filed by Richard Marous, Gary Silvers . (Shamis, Andrew) |
| Filing 10 MOTION to Consolidate Cases Set Schedule for Appointment of Interim Co-Lead Counsel and for Filing Consolidated Class Action Complaint by Richard Marous, Gary Silvers. (Attachments: #1 Exhibit Related Cases, #2 Attachment Proposed Order)(Shamis, Andrew) |
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Filing 9
ORDER: I hereby recuse myself from this action. Case randomly reassigned to District Judge Eli J. Richardson by the Clerk's Office for all further proceedings. Signed by Chief Judge Waverly D. Crenshaw, Jr on 07/25/23. (ad)
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Filing 8
ORDER granting #7 , [7-2], and [7-4]: Having satisfied the requirements of Local Rule 83.01(b), the Motions for Jeff Ostrow, Kristen Lake Cardoso, and Stephen Sukert to Appear Pro Hac Vice are granted. Counsel is instructed to file any future motions separately and not as attachments to a motion. Signed by Lynda M. Hill, Clerk of Court, on 07/18/2023. (lh)
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| Filing 7 MOTION for attorney JEFF OSTROW, KRISTEN LAKE CARDOSO, STEVEN SUKERT to Appear Pro Hac Vice (paid $450 PHV fee; receipt number ATNMDC-3866261) by Richard Marous, Gary Silvers. (Attachments: #1 Exhibit Exhibit A - Certificate of Good Standing, #2 Attachment Pro Hac Vice Motion - Steven Sukert, #3 Exhibit Exhibit A - Certificate of Good Standing, #4 Attachment Pro Hac Vice Motion - Kristen Lake Cardoso, #5 Exhibit Exhibit A - Certificate of Good Standing)(Shamis, Andrew) |
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Filing 6
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/13/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| NOTICE TO COUNSEL Jeff Ostrow, Kristen Lake Cardoso, Steven Sukert: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 8/3/2023. (kc) |
| Filing 5 Summons issued as to HCA Healthcare, Inc. Service packet returned to counsel by regular mail. (kc) |
| Filing 4 NOTICE of Initial Case Management Conference by Telephone is set for 9/11/2023 at 10:00 AM before Magistrate Judge Alistair Newbern. (kc) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (kc) |
| Filing 1 COMPLAINT against HCA Healthcare, Inc. (Filing fee $402, Receipt number ATNMDC-3862921), filed by Richard Marous, Gary Silvers. (Attachments: #1 Attachment - Civil Cover Sheet)(kc) |
| NOTICE TO COUNSEL Andrew J. Shamis, Jeff Ostrow, Kristen Lake Cardoso, Steven Sukert: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 8/2/2023. (kc) |
| FL State Bar status verified as active for Jeff Ostrow, Kristen Lake Cardoso, Steven Sukert not admitted to this court - Local counsel required. (kc) |
| FL State Bar status verified as active for Andrew J. Shamis admitted to this court. (kc) |
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