Lew v. Medical Eye Services, Inc. et al
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:24-cv-11558 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Jun 14, 2024 |
| Case in other court: | California Northern, 4:24-cv-00532 |
| Last checked: Wednesday Dec 11, 2024 4:03 AM EST |
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Defendant
California Physicians Service
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Represented By
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Defendant
Medical Eye Services, Inc.
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Represented By
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Plaintiff
Patrick Lew
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Represented By
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GPO
Jun 12 2024
ORDER TRANSFERRING CASE to the District of Massachusetts. Signed by The Judicial Panel on Multidistrict Litigation on 6/12/2024. (anj, COURT STAFF) (Filed on 6/12/2024) Modified on 6/12/2024 (anj, COURT STAFF). |
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GPO
Dec 12 2024
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing)Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
| Docket last updated: 02/19/2025 11:59 PM EST |
| Thursday, December 12, 2024 | ||
| 31 | 31
38
pgs
order
Order ~Util - Terminate Motions
Thu 12/12 10:52 AM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Wednesday, November 06, 2024 | ||
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order
Order
Wed 11/06 6:19 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 18 (CAC and Rule 12 Scheduling and Structure Proposals) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Wednesday, June 26, 2024 | ||
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notice
Notice - Other
Wed 06/26 11:38 AM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) See MDL Master Docket 23-md-3083 for all subsequent procedural orders. (McManus, Caetlin) |
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| Friday, June 14, 2024 | ||
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notice
Notice re: MDL Case Transferred
Fri 06/14 4:32 PM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number Transfer Order entered June 7, 2024 entered in MDL No. 3083, Northern District of California case number 4:24-cv-00532-JST has been transferred to the District of Massachusetts and assigned civil action number: 1:24-cv-11558-ADB. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083. (Belpedio, Lisa) |
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notice
Notice of Case Assignment
Fri 06/14 4:30 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Belpedio, Lisa) |
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| 26 | 26
transfer
Case Transferred In - District Transfer
Fri 06/14 4:26 PM
Case transferred in from District of California Northern; Case Number 4:24-cv-00532. |
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| Wednesday, June 12, 2024 | ||
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ORDER TRANSFERRING CASE to the District of Massachusetts. Signed by The Judicial Panel on Multidistrict Litigation on 6/12/2024. (anj, COURT STAFF) Modified on 6/12/2024 (anj, COURT STAFF).
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| Monday, March 25, 2024 | ||
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ORDER STAYING ACTION PENDING JPML ACTION re 7 MOTION to Remand to Alameda County Superior Court filed by Patrick Lew, 21 Opposition/Response to Motion filed by Medical Eye Services, Inc. Signed by Judge Jon S. Tigar on March 25, 2024. (mll, COURT STAFF)
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| Friday, March 22, 2024 | ||
| 23 | 23 CLERK'S NOTICE VACATING MOTION HEARING. Before the Court is the Motion to Remand to Alameda County Superior Court. ECF No.7 . Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter, currently scheduled for, April 4, 2024 is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) | |
| Tuesday, March 12, 2024 | ||
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REPLY filed byPatrick Lew.(Polk, Adam)
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Att: 1
Declaration of Adam E. Polk in Support of Reply
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| Tuesday, March 05, 2024 | ||
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21
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Memorandum in Opposition filed by Medical Eye Services, Inc..(Cutts, Kyle) Modified on 3/6/2024 (anj, COURT STAFF).
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Att: 1
Declaration
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| Friday, March 01, 2024 | ||
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ORDER RE: JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO REMAND re 7 MOTION to Remand to Alameda County Superior Court filed by Patrick Lew, Set/Reset Deadlines as to 7 MOTION to Remand to Alameda County Superior Court , 19 STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Plaintiff's Motion to Remand ., Motions terminated: 19 STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Plaintiff's Motion to Remand filed by Patrick Lew, Medical Eye Services, Inc., California Physicians' Service. Responses due by 3/5/2024. Replies due by 3/12/2024. Motion Hearing set for 4/4/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar.. Signed by Judge Jon S. Tigar on March 1, 2024. (mll, COURT STAFF)
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| Wednesday, February 28, 2024 | ||
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STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Plaintiff's Motion to Remand filed by Medical Eye Services, Inc., Patrick Lew and California Physicians' Service.(Cutts, Kyle) Modified on 2/29/2024 (anj, COURT STAFF).
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Att: 1
Proposed Order
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| Friday, February 09, 2024 | ||
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ORDER RE: JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO REMAND by Judge Jon S. Tigar granting 17 Stipulation. Replies due by 3/7/2024. Responses due by 2/29/2024.(mll, COURT STAFF)
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STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule re7 MOTION to Remand to Alameda County Superior Court filed by Medical Eye Services, Inc., California Physicians' Service d/b/a Blue Shield of California, Patrick Lew(Cutts, Kyle) Modified on 2/12/2024 (kmm2, COURT STAFF).
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Att: 1
Proposed Order
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| Wednesday, February 07, 2024 | ||
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Corporate Disclosure Statement and Certification of Interested Entities or Persons by California Physicians' Service (Dailey, Michael) Modified on 2/8/2024 (kmm2, COURT STAFF).
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| 15 | 15
NOTICE of Appearance by Michael J. Dailey (Dailey, Michael)
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NOTICE of Appearance by Craig J. Mariam (Mariam, Craig)
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| Monday, February 05, 2024 | ||
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CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 4/23/2024. Initial Case Management Conference set for 4/30/2024 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 3/21/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/jst] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A combined list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than March 20, 2024 by 2:00 p.m. for the Motion hearing and April 29, 2024 by 2:00 p.m. for the CMC. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . , Set/Reset Deadlines as to7 MOTION to Remand to Alameda County Superior Court . Case Management Statement due by 4/23/2024. Initial Case Management Conference set for 4/30/2024 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 3/21/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (mll, COURT STAFF)
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| 12 | 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by Clerk on 2/5/2024.(jml, COURT STAFF)
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Att: 1
Notice of Eligibility for Video Recording
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| Friday, February 02, 2024 | ||
| 11 | 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (kc, COURT STAFF) | |
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Medical Eye Services, Inc... (Cutts, Kyle)
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| Thursday, February 01, 2024 | ||
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NOTICE of Appearance by Cole Limbach (Limbach, Cole)
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Patrick Lew.. (Polk, Adam)
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MOTION to Remand to Alameda County Superior Court filed by Patrick Lew. Motion Hearing set for 3/21/2024 01:30 PM before Magistrate Judge Kandis A. Westmore. Responses due by 2/15/2024. Replies due by 2/22/2024.(Polk, Adam)
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Att: 1
Declaration of Adam E. Polk,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Proposed Order
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Stipulation for Extension of Time to Respond to Plaintiff's Class Action Complaint filed by Medical Eye Services, Inc., Patrick Lew, California Physicians' Service (Cutts, Kyle) Modified on 2/1/2024 (kc, COURT STAFF). Modified on 2/2/2024 (kmm2, COURT STAFF).
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| [LINK:Electronic filing error] . Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary re:6 MOTION for Extension of Time to File Answer filed by Medical Eye Services, Inc. ***Correct Event is Stipulation without Proposed Order.*** (kc, COURT STAFF) | ||
| Tuesday, January 30, 2024 | ||
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CERTIFICATE OF SERVICE by Medical Eye Services, Inc. Re Initial Pleadings (Ahmadian, Kamran)
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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/23/2024. Initial Case Management Conference set for 4/30/2024 01:30 PM in Oakland, - To be determined. (anj, COURT STAFF) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Monday, January 29, 2024 | ||
| 3 | 3 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/12/2024. (anj, COURT STAFF) | |
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Corporate Disclosure Statement by Medical Eye Services, Inc. identifying Corporate Parent EssilorLuxottica S.A., Corporate Parent EssilorLuxottica USA Inc. for Medical Eye Services, Inc.. (Cutts, Kyle)
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NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of Alameda. Their case number is 23CV057175. (Filing fee $405 receipt number ACANDC-19068249). Filed by Medical Eye Services, Inc..(Ahmadian, Kamran) Modified on 1/30/2024 (anj, COURT STAFF).
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Civil Cover Sheet
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