Judge 
Party 
Law Firm DOE I et al v. EXCELA HEALTH et al
2:23-cv-00833 | Pennsylvania Western District Court
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Division
Pittsburgh
Judge
Judge Robert J. Colville
Filed
May 17, 2023
Terminated
Sept. 17, 2024
Case Flags
CLOSED,
CONSOL,
LEAD,
SB,
and
STAYED
Nature of Suit
890 Statutory Actions - Other
Cause
28:1442 Notice of Removal
Jury Demand
Plaintiff
Last Updated: 4 months, 1 week ago
Show Interactive Timeline
| Filing Date | # | Docket Text |
|---|---|---|
| 9/17/2024 | 48 | ORDER indicating that upon consideration of the Motion to Dismiss 17 filed by Defendants Excela Health and Excela Health Holding Company, Inc. in this matter, the Court notes that both parties set forth argument respecting subject and legal matters currently on appeal before the United States Court of Appeals for the Third Circuit at Case Nos. 23-3235 and 23-2574. Given the pendency of those appeals, the outcome of which would constitute binding precedent on this Court and may impact the merits of the claims before the Court and the Court's authority to preside over this matter, the Court shall, in the interest of judicial efficiency, administratively close and stay this action pending the Third Circuit's decisions in In re: BPS Direct, LLC, and Cabelas, LLC Wiretapping Litigation, No. 23-3235 and Cook v. Gamestop, Inc., No. 23-2574. It is hereby ordered that Defendant's Motion to Dismiss is dismissed without prejudice, to be refiled following the resolution of those appeals, if desired and warranted. It is hereby further ordered that the parties shall file a joint status report within thirty (30) days of the resolution of the No. 23-3235 or No. 23-2574 appeal, whichever is resolved later. Following receipt of that status report, the Court will lift the administrative stay imposed by this Order. The Clerk of Courts shall mark this case as administratively closed. Signed by Judge Robert J. Colville on 9/17/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 09/17/2024) |
| 7/25/2024 | 47 | ORDER granting 46 Motion for Angela Peterson to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 7/25/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 07/25/2024) |
| 7/25/2024 | CLERK'S OFFICE QUALITY CONTROL MESSAGE re Quality Control message - Party did not file Disclosure Statement. ERROR: QC Message Made in Error. Attorney to disregard.This message is for informational purposes only. (bjr) (Entered: 07/25/2024) | |
| 7/25/2024 | CLERK'S OFFICE QUALITY CONTROL MESSAGE re 46 Motion to Appear Pro Hac Vice. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 8/1/2024. (bjr) (Entered: 07/25/2024) | |
| 7/24/2024 | 46 | MOTION for attorney Angela Peterson to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8374231) by JAMES DOE, JOHN DOE, JOHN DOE I, JOHN DOE II. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Peterson, Angela) (Entered: 07/24/2024) |
| 6/25/2024 | 45 | NOTICE of Supplemental Authority in Support of Defendants' Motion to Dismiss by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC. re 17 Motion to Dismiss for Failure to State a Claim, (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Freeman, Nathalie) (Entered: 06/25/2024) |
| 6/19/2024 | 44 | NOTICE in Response to Supplemental Authority in Support of Defendants' Motion to Dismiss by JAMES DOE, JOHN DOE, MONICA GALLEY-KELLER, COLLEEN ZUFALL re 43 Notice, (Lederer, Lawrence) (Entered: 06/19/2024) |
| 6/14/2024 | 43 | NOTICE of Supplemental Authority in Support of Defendants' Motion to Dismiss by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC. re 17 Motion to Dismiss for Failure to State a Claim, (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Freeman, Nathalie) (Entered: 06/14/2024) |
| 6/14/2024 | 42 | NOTICE of Appearance by Nathalie Anne Freeman on behalf of EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC.. (Freeman, Nathalie) (Entered: 06/14/2024) |
| 6/4/2024 | 41 | NOTICE of Supplemental Authority in Support of Plaintiffs' Opposition to Excela's Motion to Dismiss by JAMES DOE, JOHN DOE, MONICA GALLEY-KELLER, COLLEEN ZUFALL re 21 Brief in Opposition to Motion (Lederer, Lawrence) (Entered: 06/04/2024) |
| 5/14/2024 | 40 | ORDER Granting 38 Errata re 30 Stipulation ESI Protocol by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC. Signed by Judge Robert J. Colville on 5/14/24. (cjo) (Entered: 05/14/2024) |
| 5/14/2024 | 39 | ORDER Granting 37 Errata re 35 Errata 29 Stipulated Protective Order by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC. Signed by Judge Robert J. Colville on 5/14/24. (cjo) (Entered: 05/14/2024) |
| 5/9/2024 | 38 | Errata re 30 Stipulation, 36 Errata ESI Protocol by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC.. Reason for Correction: matching signature and filer. (Slye, Carrie) (Entered: 05/09/2024) |
| 5/9/2024 | 37 | Errata re 35 Errata, 29 Stipulated Protective Order by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC.. Reason for Correction: matching signature and filer. (Slye, Carrie) (Entered: 05/09/2024) |
| 5/9/2024 | CLERK'S OFFICE QUALITY CONTROL MESSAGE re 36 Errata. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (keh) (Entered: 05/09/2024) | |
| 5/9/2024 | CLERK'S OFFICE QUALITY CONTROL MESSAGE re 35 Errata. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (kss) (Entered: 05/09/2024) | |
| 5/9/2024 | 35 | Errata re 29 Stipulated Protective Order by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC. Reason for Correction: correct counsel. (Slye, Carrie) (Entered: 05/09/2024) |
| 4/12/2024 | 34 | ORDER granting 33 Motion for Carrie Dettmer Slye to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 4/12/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 04/12/2024) |
| 4/12/2024 | 33 | MOTION for attorney Carrie Dettmer Slye to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8213207) by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC.. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Proposed Order) (Slye, Carrie) (Entered: 04/12/2024) |
| 1/16/2024 | 32 | ORDER re 30 STIPULATION ESI Protocol by EXCELA HEALTH. Signed by Judge Robert J. Colville on 1/16/24. (cjo) (Entered: 01/16/2024) |
| 1/16/2024 | 31 | ORDER Granting 29 STIPULATED PROTECTIVE ORDER by EXCELA HEALTH. Signed by Judge Robert J. Colville on 1/16/24. (cjo) (Entered: 01/16/2024) |
| 1/12/2024 | 29 | STIPULATED PROTECTIVE ORDER by EXCELA HEALTH. (McAndrew, Edward) Document removed from public view and refiled as an Errata at 35 . Modified text on 5/9/2024. (kss) (Entered: 01/12/2024) |
| 11/15/2023 | 28 | NOTICE of Supplemental Authority in Support of Plaintiffs' Opposition to Excela's Motion to Dismiss by JAMES DOE, JOHN DOE, MONICA GALLEY-KELLER, COLLEEN ZUFALL re 21 Brief in Opposition to Motion (Lederer, Lawrence) (Entered: 11/15/2023) |
| 11/13/2023 | 27 | REPORT of Rule 26(f) Planning Meeting. (Borrelli, Raina) (Entered: 11/13/2023) |
| 10/10/2023 | 26 | ORDER granting 25 Motion for Foster Johnson to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 10/10/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 10/10/2023) |
| 10/10/2023 | 25 | MOTION for attorney Foster Johnson to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7921967) by JOHN DOE I, JOHN DOE II. (Johnson, Foster) (Entered: 10/10/2023) |
| 10/9/2023 | 24 | REPLY to Response to Motion re 21 Brief in Opposition to Motion, 17 Motion to Dismiss for Failure to State a Claim, filed by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC., EXCELA HEALTH PHYSICIAN PRACTICES, INC., FRICK HOSPITAL, LATROBE AREA HOSPITAL INC., WESTMORELAND REGIONAL HOSPITAL. (McAndrew, Edward) (Entered: 10/09/2023) |
| 9/27/2023 | 23 | ORDER granting 22 Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Defendants shall file anyReply in support of their pending Motion to Dismiss no later than October 9, 2023. Signed by Judge Robert J. Colville on 9/27/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 09/27/2023) |
| 9/27/2023 | 22 | Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC., EXCELA HEALTH PHYSICIAN PRACTICES, INC., FRICK HOSPITAL, LATROBE AREA HOSPITAL INC., WESTMORELAND REGIONAL HOSPITAL. (Attachments: # 1 Proposed Order) (McAndrew, Edward) (Entered: 09/27/2023) |
| 9/22/2023 | 21 | BRIEF in Opposition re 17 Motion to Dismiss for Failure to State a Claim, filed by JAMES DOE, JOHN DOE, MONICA GALLEY-KELLER, COLLEEN ZUFALL. (Lederer, Lawrence) (Entered: 09/22/2023) |
| 8/29/2023 | 20 | ORDER granting 19 Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Plaintiffs shall file any responseto Defendants pending Motion to Dismiss no later than September 22, 2023. Signed by Judge Robert J. Colville on 8/29/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 08/29/2023) |
| 8/29/2023 | 19 | Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JAMES DOE, JOHN DOE, MONICA GALLEY-KELLER, COLLEEN ZUFALL. (Attachments: # 1 Proposed Order) (Lederer, Lawrence) (Entered: 08/29/2023) |
| 8/23/2023 | 18 | BRIEF in Support re 17 Motion to Dismiss for Failure to State a Claim, filed by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC., EXCELA HEALTH PHYSICIAN PRACTICES, INC., FRICK HOSPITAL, LATROBE AREA HOSPITAL INC., WESTMORELAND REGIONAL HOSPITAL. (McAndrew, Edward) (Entered: 08/23/2023) |
| 8/23/2023 | 17 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC., EXCELA HEALTH PHYSICIAN PRACTICES, INC., FRICK HOSPITAL, LATROBE AREA HOSPITAL INC., WESTMORELAND REGIONAL HOSPITAL. (Attachments: # 1 Proposed Order) (McAndrew, Edward) (Entered: 08/23/2023) |
| 7/24/2023 | 16 | AMENDED COMPLAINT against EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC. EXCELA HEALTH answer due 8/23/2023; EXCELA HEALTH HOLDING COMPANY, INC. answer due 8/23/2023, filed by COLLEEN ZUFALL; MONICA GALLEY-KELLER; JOHN DOE; JAMES DOE. (Lederer, Lawrence) (Entered: 07/24/2023) |
| 7/12/2023 | 15 | ORDER granting 14 Motion for Weining Bai to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 7/12/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 07/12/2023) |
| 7/12/2023 | 14 | MOTION for attorney Weining Bai to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7780161) by JOHN DOE I, JOHN DOE II. (Attachments: # 1 Affidavit AFFIDAVIT OF WEINING BAI IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # 2 Exhibit EXHIBIT 1, # 3 Proposed Order [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF WEINING BAI) (Bai, Weining) (Entered: 07/12/2023) |
| 7/7/2023 | 13 | NOTICE of Appearance by RYAN T. KIRK on behalf of JOHN DOE I, JOHN DOE II. (KIRK, RYAN) (Entered: 07/07/2023) |
| 6/22/2023 | 12 | ORDER granting 11 Motion for Raina C. Borrelli to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 6/22/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tk) (Entered: 06/22/2023) |
| 6/22/2023 | 11 | MOTION for attorney Raina C. Borrelli to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7751957) by JOHN DOE I, JOHN DOE II. (Attachments: # 1 Affidavit of Raina C. Borelli, # 2 Proposed Service Order) (Borrelli, Raina) (Entered: 06/22/2023) |
| 6/22/2023 | 10 | ORDER Consolidating Cases: All papers filed under the consolidated action shall be filed under Case No. 2:23-cv-00833. Plaintiffs shall file a consolidated complaint no later than 30 days following entry of this order. Defendants shall have 30 days to answer, move to dismiss, or otherwise respond to the consolidated complaint. Signed by Judge Robert J. Colville on 6/22/23. (tk) (Entered: 06/22/2023) |
| 5/25/2023 | 9 | Disclosure Statement identifying Excela Health as corporate parent or other affiliate, by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC., EXCELA HEALTH PHYSICIAN PRACTICES, INC., FRICK HOSPITAL, LATROBE AREA HOSPITAL INC., WESTMORELAND REGIONAL HOSPITAL. (McAndrew, Edward) (Entered: 05/25/2023) |
| 5/23/2023 | 8 | NOTICE of Appearance by Albert Michael Belmont, III on behalf of JOHN DOE I, JOHN DOE II. (Belmont, Albert) (Entered: 05/23/2023) |
| 5/23/2023 | 7 | ORDER granting 6 Motion for Extension of Time to Answer: The deadline for the filing of Defendants' response to Plaintiffs' Complaint shall be extended pending disposition of Plaintiffs' forthcoming Motion to Remand this action to the Court of Common Pleas, or alternatively until 30 days after entry of an order denying such motion. Signed by Judge Robert J. Colville on 5/23/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tk) (Entered: 05/23/2023) |
| 5/22/2023 | 6 | Unopposed MOTION for Extension of Time to File Answer by EXCELA HEALTH, EXCELA HEALTH HOLDING COMPANY, INC., EXCELA HEALTH PHYSICIAN PRACTICES, INC., FRICK HOSPITAL, LATROBE AREA HOSPITAL INC., WESTMORELAND REGIONAL HOSPITAL. (Attachments: # 1 Proposed Order) (McAndrew, Edward) (Entered: 05/22/2023) |
| 5/19/2023 | 5 | AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES - Every telephonic conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled, you will be instructed to refer back to this notice. This document has a security setting of Case Participants Only, so only those individuals will have access to view the document. (tk) (Entered: 05/19/2023) |
| 5/19/2023 | 4 | ORDER re: Rule 12(b) Motions. Signed by Judge Robert J. Colville on 5/19/23. (tk) (Entered: 05/19/2023) |
| 5/19/2023 | 3 | NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (tk) (Entered: 05/19/2023) |
| 5/19/2023 | Judge Robert J. Colville added as Presider. (bjw) (Entered: 05/19/2023) | |
| 5/19/2023 | 2 | ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 5/19/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm) (Entered: 05/19/2023) |
| 5/18/2023 | CLERK'S OFFICE QUALITY CONTROL MESSAGE re 1 Notice of Removal,. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 5/25/2023. (bjw) (Entered: 05/18/2023) | |
| 5/17/2023 | 1 | NOTICE OF REMOVAL from Westmoreland County, case number 23CI01410 with Plaintiff Copies attached: State Court Documents (Filing fee, including Administrative fee, $402, receipt number APAWDC-7692639), filed by EXCELA HEALTH,EXCELA HEALTH HOLDING COMPANY, INC., EXCELA HEALTH PHYSICIAN PRACTICES, INC.,LATROBE AREA HOSPITAL INC.,WESTMORELAND REGIONAL HOSPITAL,FRICK HOSPITAL . (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (bjw) Modified text on 5/19/2023. (bjw) (Entered: 05/18/2023) |
