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MDL 2667

In Re: Medical Informatics Engineering, Inc., Customer Data Security Breach Litigation

Master Docket Number: 3:15-MD-2667
Presiding Judge: Robert L. Miller, Jr.
Chambers: (574) 246-8080
Description: This multidistrict litigation consolidates for pretrial purposes all federal cases arising out of a data security breach that occurred in May 2015 at Medical Informatics Engineering, Inc.
Plaintiffs' Lead Counsel: Irwin B. Levin
Cohen & Malad, L.L.P.
One Indiana Square, Suite 1400
Indianapolis, IN 46204
(317) 636-6481
ilevin@cohenandmalad.com
Defendants' Lead Counsel: Claudia D. McCarron
Lewis Brisbois Bisgaard & Smith
550 E. Swedesford Road, Suite 270
Wayne, PA 19087
(215) 977-4100
cmccarron@mullen.law

 

Upcoming Proceedings:  
Scheduling Conference:  January 28, 2019 at 1:15 p.m. (EST)  

 

Date Order Description
12/6/2018 Order Resetting Status Conference

In light of the recent  filing by the State Attorney Generals in related Cause No. 3:18-CV-969, the court VACATES the December 10, 2018 status conference, and RESETS this matter for a joint scheduling conference on Monday, January 28, 2019, at 1:15 p.m. (E.S.T.).

9/26/2018 Revised Case Management Schedule By agreement of the parties, the Discovery and Case Management Schedule in Section IX of the February 2, 2016 Case Management Order No. 1 [Doc. No. 36] is AMENDED as set forth in this order. [Doc. No. 152]
9/26/2018 Memorandum Re: Sep 26, 2018 Status Conf Summary of topics discussed and action taken. Next status conference scheduled for December 10, 2018 at 1:30 p.m. (EST).  [Doc. No. 153].
9/5/2018 Minute Entry for Sep 5, 2018 TELEPHONIC STATUS CONFERENCE held on Sep 5, 2018.  Irwin Levin appeared for the plaintiffs; Caludia McCarron appeared for MIE.  Following discussion re: status of ongoing agency investigations, the court directed the parties to prepare and submit a proposed case management order by September 24, 2018 and set the next status conference for Septebmer 26, 2018 at 9:00 a.m. (EDT). [Doc. No. 148]
8/29/2018 Order Re: Sep 5 Status Conference At the request of the parties, the Sep 5, 2018 status conference will be conducted by telephone.  Contact information to be provided per order.
8/13/2018 Order Resetting Status Conf On the court's own motion, the August 27 status conference is RESET for September 5, 2018 at 2:00 p.m. (E.D.T.).  [Doc. No. 145]
6/25/2018 Minute Entry for June 25, 2018 Status Conference STATUS CONFERENCE held on June 25, 2018.  Irwin Levin and Lynn Toops appeared for the plaintiffs; Claudia McCarron appeared for MIE.  Following discussion re: status of ongoing federal and state agency investigations, court deferred entry of case management order and set the next status conference for August 27, 2018 at 1:00 p.m. (EDT). [Doc. No. 142]
6/18/2018 Briefing Schedule for Motion to Dismiss Plaintiffs collective response to the motion to dismiss [Doc. No. 138] to be filed on or before July 25, 2018, with any reply to be filed by August 8, 2018.  [Doc. No. 141]
5/24/2018 Order Extending Answer/Responsive Pldg Deadline Defendants motion to extend the answer/responsive pleading deadline from May 31 to June 11, 2018 [Doc. No. 136] is GRANTED.  [Doc. No. 137]
4/23/2018 Order Reappointing Pltfs' Lead Counsel Irwin Levin's application for reappointment  [Doc. No. 134] is GRANTED, and Mr. Levin is reappointed as  Plaintiffs' Lead/Interim Class Counsel for a period of one year. 
3/28/2018 Order re: Appointment/Reappointment of Plaintiff's Lead Counsel Irwin Levin's appointment as Plaintiffs' Lead Counsel extended to April 29, 2018.  Applications for appointment/reappointment to Plaintiffs' organizational structure due April 3, 2018.  Any objections should be filed by April 20, 2018. [Doc. No. 133]
3/26/2018 Minute Entry for March 26, 2018 Status Conference STATUS CONFERENCE held on March 26, 2018 before Judge Robert L Miller, Jr. Plaintiffs appeared by attorneys Irwin Levin and Lynn Toops. Defendant appeared by attorney Claudia McCarron. The court hears from the parties. For reasons stated, the plaintiffs request to lift the stay when it expires on April 30, 2018 is GRANTED. Defendant to file responsive pleadings by May 31, 2018. The next status conference is set for June 25, 2018 at 1:15 p.m. (E.D.T.). [Doc. No. 132].
2/26/2018 Notice Re: March 2018 Status Conf On the court's own motion, the status conference previously set for March 22, 2018 is RESET for March 26, 2018 at 1:15 p.m. (E.D.T.).  (Minute entry only).
12/27/2017 Order Resetting March Status Conf Joint motion to continue the March 20 status conference is GRANTED, and the status conference is RESET for Thursday, March 22, 2018, at 9:00 a.m. (E.D.T.). [Doc. No. 130]
12/19/2017 Memorandum and Order for Dec 19, 2017 Telephonic Status Conf Summary of topics discussed and action taken.  Stay extended to April 30, 2018.  Next status conference scheduled for March 20, 2018 at 9:00 am. (EDT).  [Doc. No. 128].
11/15/2017 Order re: Dec 19 Status Conference The court invites representatives from the Dept of HHS and the Indiana and Arkansas Attorney Generals' offices to participate in the December 19, 2017 status conference. [Doc. No. 124].
10/26/2017 Telephonic Status Conference Following discussion regarding the status of agency investigations, the court GRANTED the unopposed motion to stay proceedings until January 31, 2018, directed counsel for MIE to provide the court with contact information for the OCR and state Attorney Generals' offices, and set this matter for a status conference on December 19, 2017 at 9:00 a.m. (EST).  (Minute entry only).
7/12/2017 Telephonic Status Conference Following discussion regarding the status of efforts to resolve contingencies to settlement, the court GRANTED defendant's unopposed request to extend the stay until October 26, 2017, and set this matter for a telephonic status conference on October 26, 2017 at 1:15 p.m. (EDT). (Minute entry only)
4/20/2017 Memorandum Re: April 20, 2017 Status Conference Summary of topics discussed and action taken.  STAY extended to July 31, 2017.  Status Conf continued to July 12, 2017 at 1:30 p.m. (EDT). [Doc. No. 118]
3/29/2017 Order Reappointing Lead Counsel Irwin Levin's application for reappointment  [Doc. No. 107] is GRANTED, and Mr. Levin is reappointed as  Lead/Interim Class Counsel for a period of one year.  [Doc. No. 116].
3/28/2017 Extend Stay Order In the interests of justice and to conserve resources, this matter is STAYED until April 21, 2017. [Doc. No. 114].
3/27/2017 Order Resetting Status Conference Defendants' unopposed motion to continue the March 28 status conference is GRANTED, and the conference is RESET for April 20, 2017 at 9:30 a.m. (EDT).
3/14/2017 Order re: March 28 Status Conf The court invites representative from the Dept of Health & Human Services, Federal Trade Commission, and Indiana and Arkansas Attorney Generals' offices to participate in the March 28, 2017 status conference. [Doc. No. 109]
3/14/2017 Extend Stay Order The parties' joint motion to extend the stay until March 28, 2017 is GRANTED.  Applications for appointment/reappointment of lead counsel/interim class counsel due March 28, 2017. [Doc. No. 108]
2/28/2017 Hrg re: Request for Pretrial Conf At the request of the parties, a status conference is set for March 28, 2017 at 9:30 a.m. (EDT).  [Doc. No. 105] (minute entry only).
1/31/2017 Order Extending Appointment of Lead Counsel To provide continuity of counsel during the settlement process, the appointment of Irwin Levin as Plaintiffs' Lead Counsel/Interim Class Counsel is extended to April 4, 2017.  Any application for reappointment should be submitted by March 15, 2017. [Doc. No. 102].
12/14/2016 Second Extension of Stay The defendants' unopposed motion to extend the stay until March 15, 2017 [Doc. No. 99] is GRANTED.  Parties to move for preliminary approval of settlement or notify the court that contingencies weren't satisfied by March 15, 2017. [Doc. No. 101].
9/15/2016 Extend Stay Order The parties' joint motion to extend the stay until December 15, 2016 [Doc. No. 96] is GRANTED.  Parties to move for preliminary approval of settlement or notify the court that contingencies weren't satisfied by Dec 15, 2016. [Doc. No. 97].
6/10/2016 Stay Order This matter is stayed until September 15, 2016, at which time the parties will either move for preliminary approval of the settlement or notify the court that the contingencies were not satisfied.  [Doc. No. 95].
6/6/2016 Memorandum Re: June 6, 2016 Telephonic Status Conference Parties have reached an understanding regarding resolution of this matter, subject to a contingency, and will be filing a joint motion to stay proceedings until Sep 15, 2016, pending submission of a joint motion for preliminary approval of a settlement agreement. [Doc. No. 93]
5/31/2016 Remote Attendance Order Call-in information for telephonic status conference on June 6, 2016 at 10:00 a.m. (E.D.T.)
5/31/2016 Memorandum and Order Re: May 31, 2016 Telephonic Status Conference By agreement of the parties, the telephonic status conference was continued to Monday, June 6, 2016, at 10:00 a.m. (E.D.T.).  Case management deadlines will be reset, if necessary, after the next status conference. [Doc. No. 90]
5/23/2016 Memorandum Re: May 23, 2016 Telephonic Status Conference At the request of the parties, the status conference was continued to Tuesday, May 31, 2016 at 9:30 a.m. (E.D.T), and the May 27, 2016 deadline for exchange of initial disclosures was stayed.  Case management deadlines will be reset, if necessary, after the next status conference.  [Doc. No. 88]
5/17/2016 Memorandum Re: May 16, 2016 Telephonic Status Conference Summary of issues discussed.  At the request of the parties, the status conference was continued to May 23, 2016 at 9:30 a.m. (E.D.T.) [Doc. No. 83].  Transcript of hearing [Doc. No. 85].
5/10/2016 Order Re: May 16 Conference Order granting the joint motion to appear by telephone at the May 16, 2016 status conference [Doc. No. 80].
4/18/2016 Order Extending Deadlines By agreement of the parties, the following deadlines have been extended:  (1) the parties will exchange Rule 26(a)(1) initial disclosures and ESI disclosures by May 27, 2016; (2) the parties will file their respective lists of proposed depostions and limits on interrogatories by June 6, 2016; and (3) defendant's response to the consolidated amended class action complaint will be filed by June 23, 2016, plaintiffs' response to any motion to dismiss will be due by July 25, 2016, with any reply due August 12, 2016. (Amending the Feb 2, 2016 Case Mgmt Order [Doc. No. 36]).
3/24/2016 Order Re: Future Filings Following submission of the consolidated class action compliant on Mar 22, 2016, all future filings in pending, and later filed, removed, or transferred cases relating to this litigation sould be made in the master case, Cause No. 3:15-MD-2667 [Doc. No. 67].
3/22/2016 Consolidated Amended Class Action Complaint Plaintiffs' Consolidated Amended Class Action Complaint [Doc. No. 65].
2/26/2016 Revised Stipulated Protective Order Stipulation and Protective Order re: all information, documents, and things subject to discovery in this action. [Doc. No. 63]
2/23/2016 ESI Order Stipulated Order Relating to Discovery of Electronically Stored Information, Claims of Privilege or Protection, and Document Preservation [Doc. No. 62].
2/4/2016 Order Appointing Lead Counsel/Interim Class Counsel For the reasons stated, the court appoints Irwin B. Levin of Cohen & Malad, L.L.P. as Lead Counsel and Interim Class Counsel for the plaintiffs for a period of one year.  The court anticipates appointing additional counsel to the plaintiffs' leadership structure, i.e., a steering committee and/or co-lead counsel, if necessary following submission of the master complaint and defendant's response thereto. [Doc. No. 55].
2/2/2016 Case Mgmt Order No. 1 Procedures relating to transfer and consolidation, service of process, direct filing, Electronic Case Filings (ECF), privileged and confidential information, electronically stored information (ESI), discovery, and plaintiffs’ leadership structure. The order also establishes deadlines for discovery and other pretrial matters, including, but not limited to, motions to dismiss, class certification, and dispositive motions. [Doc. No. 36]. Applications for plaintiffs' lead and liaison counsel due Feb 3 (see Doc. Nos. 11 and 36).
1/25/2016 Memo and Order re: Jan 20, 2016 Case Mgmt Conference Summary of topics discussed and action taken at intial case management conference on January 20, 2016.  Request for protective order referred to Magistrate Judge Susan Collins; parties to submit proposed protocol for discovery of ESI; court will set scheduling deadlines by separate order; proposed agenda for next status conference due May 9, 2016.  Status conference set for May 16, 2016, at 9:30 a.m. (E.D.T.)
1/21/2016 Transcript of Jan 20, 2016 Case Mgmt Conference

Printable copies are available from the Court Reporter, Debra_Bonk@innd.uscourts.gov.

1/15/2016 Remote Attend Order Call-in information for Jan. 20, 2016 case management conference (see [Doc. No. 23] for list of attorneys who have been granted leave to appear by phone).
1/4/2016 General Order 2016-2 Order Re: Assignment of Related Cases in MDL 2667.
12/17/2015 Practice and Procedure Order Order Re: Initial Case Management Conference, Practices, and Procedures [Doc. No. 11].  Intial Case Mgmt Conf set for January 20, 2016 at 9:30 a.m., in South Bend, IN. [Doc. No. 11]
12/10/2015 Transfer Order Initial transfer order from Panel on Multidistrict Litigation [Doc. No. 1].