Stewart v. Advocate Aurora Health Inc et al
| Alistair Stewart |
| Advocate Aurora Health Inc and Meta Platforms Inc |
| 2:2023cv00260 |
| February 24, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Nancy Joseph |
| J P Stadtmueller |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| The associated cases have been consolidated. All future filings are to be made in the lead case 2:22-cv-01253-JPS. Associated Cases: 2:22-cv-01253-JPS, 2:22-cv-01278-JPS, 2:22-cv-01305-JPS, 2:23-cv-00259-JPS, 2:23-cv-00260-JPS (bx) |
Filing 53
ORDER signed by Judge J P Stadtmueller on 4/5/2023. #51 Plaintiffs' Unopposed Motion to Consolidate Newly Transferred Cases is GRANTED; Case No. 23-CV-260 is consolidated into the In re Advocate Aurora Health Pixel Litigation consolidated action, Case No. 22-CV-1253, for all purposes. See Order. (cc: all counsel)(jm)
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| Case Reassigned to Judge J P Stadtmueller. Magistrate Judge Nancy Joseph no longer assigned to the case. (edr) |
| Filing 52 Magistrate Judge Jurisdiction Form filed by Advocate Aurora Health Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Conley, Daniel) |
| Filing 51 Unopposed MOTION to Consolidate Newly Transferred Cases Plaintiffs' Unopposed Motion to Consolidate by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Zouras, James) Modified on 3/16/2023 (edr). |
| Filing 50 Rule 7(h) Expedited Non-Dispositive MOTION to Stay Deadline to Answer Complaint by Advocate Aurora Health Inc. (Conley, Daniel) |
| Filing 49 NOTICE of Appearance by Matthew J Splitek on behalf of Advocate Aurora Health Inc. Attorney(s) appearing: Matthew Splitek (Splitek, Matthew) |
| Filing 48 NOTICE of Appearance by Nathan J Oesch on behalf of Advocate Aurora Health Inc. Attorney(s) appearing: Nathan Oesch (Oesch, Nathan) |
| Filing 47 NOTICE of Appearance by Kristin C Foster on behalf of Advocate Aurora Health Inc. Attorney(s) appearing: Kristin Foster (Foster, Kristin) |
| Filing 46 NOTICE of Appearance by Daniel E Conley on behalf of Advocate Aurora Health Inc. Attorney(s) appearing: Daniel Conley (Conley, Daniel) |
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TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 3/15/2023 granting #50 Motion to Stay. Advocate Aurora Health Inc.'s deadline to answer the Complaint is stayed pending further stipulation of the parties as to an answer date and/or an order is entered in the related consolidated case pending in this District. (cc: all counsel)(llc)
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TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 3/8/2023. This case was recently ordered transferred into this District from the Northern District of Illinois. It appears this case is related to In re Advocate Aurora Health Pixel Litigation, 22-CV-1253. Pursuant to the Court's November 29, 2022 Order in the Lead Case, the parties are instructed that should they wish to consolidate this case with 22-CV-1253, they must file an appropriate motion to consolidate. (cc: all counsel)(llc)
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| Filing 44 NOTICE of Appearance by Ryan F Stephan on behalf of Alistair Stewart. Attorney(s) appearing: Ryan F. Stephan (Stephan, Ryan) |
| Filing 43 NOTICE of Appearance by James B Zouras on behalf of Alistair Stewart. Attorney(s) appearing: James B. Zouras (Zouras, James) |
| Filing 45 NOTIFICATION OF CASE TRANSFER: Plaintiff's claims against Meta Platforms Inc are severed and transferred to USDC Northern District of California. Opened as Case No. 23-CV-900. (Attachments: #1 USDC Northern District of California Docket, #2 USDC Northern District of Illinois Order re Motion to Sever Claims) (edr) |
| Filing 42 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-05964. Original file certified copy of transfer order and docket sheet received. |
| NOTICE Regarding assignment of this matter to Magistrate Judge Nancy Joseph; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
| DUPLICATE ENTRY; NOTICE from the clerk to Plaintiff, Defendants requesting that the Consent/Refusal form to Magistrate Judge Nancy Joseph be filed within 21 days; the form is available #here. In addition, pursuant to Civil Local Rule 7.1 a disclosure statement should be filed with your first pleading. Please file your disclosure statement within 7 days. (edr) Modified on 2/24/2023 (edr). |
| Filing 41 TRANSFERRED to the Eastern District of Wisconsin, Milwaukee the electronic record.(jj, ) [Transferred from ilnd on 2/24/2023.] |
| Filing 40 MINUTE entry before the Honorable Joan H. Lefkow: Status hearing held. As stated on the record, the motion to transfer venue #24 is granted. The Clerk's Office shall transfer this case and case 22-cv-6559 forthwith to the Eastern District of Wisconsin. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 39 MINUTE entry before the Honorable Joan H. Lefkow: Motion to appear pro hac vice #38 is granted. Attorney Edward Robert McNicholas is added as counsel for Advocate Aurora Health, Inc. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20365392. (on behalf of Defendant Advocate Aurora Health, Inc.) (McNicholas, Edward) [Transferred from ilnd on 2/24/2023.] |
| Filing 37 REPLY by Advocate Aurora Health, Inc. to response in opposition to motion, #32 , MOTION by Defendant Advocate Aurora Health, Inc. to Transfer Venue to the Eastern District of Wisconsin Pursuant to 28 U.S.C. 1404(a) #24 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 36 MINUTE entry before the Honorable Joan H. Lefkow: Motion for extension of time #34 is granted. Defendant Advocate Health shall reply to the motion to transfer by 1/24/2023. Motion for extension of time to answer #35 is granted. Defendant Meta shall answer or otherwise plead 30 days after the motion to transfer is decided. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 35 MOTION by Defendant Meta Platforms, Inc. for extension of time to file answer (Unopposed) (Goldman, Lauren) [Transferred from ilnd on 2/24/2023.] |
| Filing 34 MOTION by Defendant Advocate Aurora Health, Inc. for extension of time (unopposed) for One Day Extension of Time for Defendant Advocate Aurora's Health, Inc. to File its Memorandum in Reply to Plaintiffs' Opposition to AAH's Motion to Transfer Venue (Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 33 ATTORNEY Appearance for Plaintiff Alistair Stewart by Bryan Paul Thompson (Thompson, Bryan) [Transferred from ilnd on 2/24/2023.] |
| Filing 32 RESPONSE by Alistair Stewartin Opposition to MOTION by Defendant Advocate Aurora Health, Inc. to Transfer Venue to the Eastern District of Wisconsin Pursuant to 28 U.S.C. 1404(a) #24 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Becvar, Teresa) [Transferred from ilnd on 2/24/2023.] |
| Filing 31 ATTORNEY Appearance for Plaintiff Alistair Stewart by Catherine T Mitchell (Mitchell, Catherine) [Transferred from ilnd on 2/24/2023.] |
| Filing 30 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) [Transferred from ilnd on 2/24/2023.] |
| Filing 29 MINUTE entry before the Honorable Joan H. Lefkow: The previous minute entry is amended to correct that the next status hearing date is set for 2/22/2023 at 9:30 a.m. in courtroom 2201. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 28 MINUTE entry before the Honorable Joan H. Lefkow: Any response to the motion to transfer venue #24 is due by 1/9/2023; reply by 1/23/2023. Motion for extension of time to answer #26 is granted. Advocate Aurora Health's answer to the complaint is due 21 days after the resolution of the motion to transfer venue. Motion for extension of time to answer #27 is granted. Defendant Meta shall answer or otherwise plead to the complaint by 1/26/2023. Motion hearing date of 12/28/2022 is stricken. The status hearing set for 1/4/2023 is stricken and reset to 2/23/2023 at 9:30 a.m. in courtroom 2201. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 27 MOTION by Defendant Meta Platforms, Inc. for extension of time to file answer or Otherwise Respond (Unopposed) (Goldman, Lauren) [Transferred from ilnd on 2/24/2023.] |
| Filing 26 MOTION by Defendant Advocate Aurora Health, Inc. for extension of time to file answer or otherwise respond (Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 25 NOTICE of Motion by Jeffrey J. Bushofsky for presentment of motion for miscellaneous relief #24 before Honorable Joan H. Lefkow on 12/28/2022 at 09:15 AM. (Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 24 MOTION by Defendant Advocate Aurora Health, Inc. to Transfer Venue to the Eastern District of Wisconsin Pursuant to 28 U.S.C. 1404(a) (Attachments: #1 Exhibit A, #2 Exhibit B)(Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 23 MINUTE entry before the Honorable Joan H. Lefkow: The status hearing set for 1/4/2023 at 9:15 a.m. will proceed in Courtroom 2201. Beginning 1/4/2023, all hearings will be in person. For status hearings in civil cases, counsel appearing more than 35 miles from the courthouse may request to appear by telephone. If you need to appear virtually, send the attached form to Judge Lefkow's courtroom deputy. The deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual hearing request form) (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 22 MINUTE entry before the Honorable Joan H. Lefkow: Motion to appoint interim class counsel #21 is granted. Stephan Zouras, LLP and the Chicago Consumer Law Center, P.C. are appointed as interim class counsel. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 21 MOTION by Plaintiff Alistair Stewart to Appoint Interim Class Counsel (Attachments: #1 Exhibit Stephan Declaration, #2 Exhibit Thompson Declaration, #3 Exhibit Harrer Declaration)(Becvar, Teresa) [Transferred from ilnd on 2/24/2023.] |
| Filing 20 MINUTE entry before the Honorable Joan H. Lefkow: Motion for extension of time to answer #19 is granted. Defendant Advocate Aurora Health Inc. shall answer or otherwise plead by 12/28/2022. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 19 MOTION by Defendant Advocate Aurora Health, Inc. for extension of time to file answer or Otherwise Respond (Unopposed) (Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 18 SUMMONS Returned Executed by Alistair Stewart as to Advocate Aurora Health, Inc. on 11/17/2022, answer due 12/8/2022. (Stephan, Ryan) [Transferred from ilnd on 2/24/2023.] |
| Filing 17 MINUTE entry before the Honorable Joan H. Lefkow: Motion to sever claims #12 is granted. Plaintiff's claims against Meta are severed and may be transferred to the Northern District of Californiafor consolidation with In re Meta Pixel Healthcare Litigation, Case No. 22-cv-03580-WHO. The motion to reassign case and consolidate #14 is granted. Case number 22-cv-6559 will be reassigned to this court. Mailed notice (ags) Docket text modified on 11/28/2022 to correct case number being reassigned (ags). [Transferred from ilnd on 2/24/2023.] |
| Filing 16 MINUTE entry before the Honorable Joan H. Lefkow: Motion for extension of time to answer #11 is granted. Defendants shall answer or otherwise plead to the complaint by 12/27/2022. Motions #12 and #14 are taken under advisement. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 15 ATTORNEY Appearance for Defendant Advocate Aurora Health, Inc. by Francis X Liesman, III (Liesman, Francis) [Transferred from ilnd on 2/24/2023.] |
| Filing 14 MOTION by Defendant Advocate Aurora Health, Inc. to reassign case and consolidate (Attachments: #1 Exhibit A, #2 Exhibit B)(Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 13 ATTORNEY Appearance for Defendant Advocate Aurora Health, Inc. by Jeffrey J. Bushofsky (Bushofsky, Jeffrey) [Transferred from ilnd on 2/24/2023.] |
| Filing 12 MOTION by Defendant Meta Platforms, Inc. to sever claims against Meta Platforms, Inc., MOTION by Defendant Meta Platforms, Inc. to transfer case to the Northern District of California (Attachments: #1 Declaration of Lauren Goldman in Support of Plaintiff's and Meta Platforms, Inc.'s Joint Motion to Sever and Transfer Claims Against Meta Platforms, Inc. to the Northern District of California)(Goldman, Lauren) [Transferred from ilnd on 2/24/2023.] |
| Filing 11 MOTION by Defendant Meta Platforms, Inc. for extension of time to file answer (Goldman, Lauren) [Transferred from ilnd on 2/24/2023.] |
| Filing 10 ATTORNEY Appearance for Defendant Meta Platforms, Inc. by Lauren R Goldman (Goldman, Lauren) [Transferred from ilnd on 2/24/2023.] |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Meta Platforms, Inc. (Kutcher, Matthew) [Transferred from ilnd on 2/24/2023.] |
| Filing 8 ATTORNEY Appearance for Defendant Meta Platforms, Inc. by Matthew Lawrence Kutcher (Kutcher, Matthew) [Transferred from ilnd on 2/24/2023.] |
| Filing 7 SUMMONS Returned Executed by Alistair Stewart as to Meta Platforms, Inc. on 11/10/2022, answer due 12/1/2022. (Stephan, Ryan) [Transferred from ilnd on 2/24/2023.] |
| Filing 6 ATTORNEY Appearance for Plaintiff Alistair Stewart by Mohammed Rathur (Rathur, Mohammed) [Transferred from ilnd on 2/24/2023.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Alistair Stewart by Teresa M. Becvar (Becvar, Teresa) [Transferred from ilnd on 2/24/2023.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Alistair Stewart by James B. Zouras (Zouras, James) [Transferred from ilnd on 2/24/2023.] |
| SUMMONS Issued as to Defendants Advocate Aurora Health, Inc., Meta Platforms, Inc. (kra, ) [Transferred from ilnd on 2/24/2023.] |
| Filing 3 MINUTE entry before the Honorable Joan H. Lefkow: Initial status hearing is set for 1/4/2023 at 9:30 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (877) 402-9753 and the access code is 1564342. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ags) [Transferred from ilnd on 2/24/2023.] |
| Filing 2 CIVIL Cover Sheet (Stephan, Ryan) [Transferred from ilnd on 2/24/2023.] |
| Filing 1 COMPLAINT filed by Alistair Stewart; Jury Demand. Filing fee $ 402, receipt number AILNDC-19994562.(Stephan, Ryan) [Transferred from ilnd on 2/24/2023.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) [Transferred from ilnd on 2/24/2023.] |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (smb, ) [Transferred from ilnd on 2/24/2023.] |
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