Case: Steele-Warrick v. Microgenics

1:19-cv-06558 | U.S. District Court for the Eastern District of New York

Filed Date: Nov. 20, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 19, 2019, a formerly incarcerated individual filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York. The case sought damages for alleged negligence by Microgenics Corporation and its parent company Thermo Fischer Scientific Corporation. Represented by Prisoners Legal Services and the civil rights firm Emery Celli Brinckerhoff & Abady, the complaint alleged that the defendants' failure to ensure that their urinalysis machines were pro…

On November 19, 2019, a formerly incarcerated individual filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York. The case sought damages for alleged negligence by Microgenics Corporation and its parent company Thermo Fischer Scientific Corporation. Represented by Prisoners Legal Services and the civil rights firm Emery Celli Brinckerhoff & Abady, the complaint alleged that the defendants' failure to ensure that their urinalysis machines were providing accurate and reliable test results led to false positives on in-prison drug tests. Consequently, affected prisoners were wrongly punished, through solitary confinement, loss of visitation rights, and in some cases held "well-beyond their release dates."

On March 5, 2020, the plaintiff filed an amended complaint to explain in greater detail the alleged problems with the defendant's testing equipment that resulted in the plaintiff's injuries. Discovery in the case proceeded, though with significant delay caused by the coronavirus pandemic. The case is currently in discovery and is assigned to Magistrate Judge Vera Scanlon for all purposes. A pre-motion hearing is set for June 29, 2020.

Summary Authors

Graham Rotenberg (5/19/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16490931/parties/steele-warrick-v-microgenics-corporation/


Attorneys(s) for Plaintiff

Bentivegna, Dave (New York)

Brinckerhoff, Matthew D. (New York)

Burra, Ananda Venkata (New York)

Cassidy, Michael (New York)

Celli, Andrew G. Jr. (New York)

Hutchings, Betsy (New York)

Jolicoeur, Nicole (New York)

Kaufman, Alanna Gayle (New York)

Murtaugh, Karen (New York)

Attorneys(s) for Defendant

Carton, Christopher (New Jersey)

Attorneys(s) for Plaintiff

Bentivegna, Dave (New York)

Brinckerhoff, Matthew D. (New York)

Burra, Ananda Venkata (New York)

Cassidy, Michael (New York)

Celli, Andrew G. Jr. (New York)

Hutchings, Betsy (New York)

Jolicoeur, Nicole (New York)

Kaufman, Alanna Gayle (New York)

Murtaugh, Karen (New York)

Attorneys(s) for Defendant

Carton, Christopher (New Jersey)

Hsu, Alexander (Minnesota)

Marcusen, Nathan J (Minnesota)

Mekles, Erica Michelle Singer (New Jersey)

Documents in the Clearinghouse

Document

1:19-cv-06558

Docket [PACER]

Steele-Warrick v. Microgenics Corporation

April 29, 2020

April 29, 2020

Docket
1

1:19-cv-06558

Class Action Complaint: Jury Trial Demanded

Steele-Warrick v. Microgenics Corporation

Nov. 20, 2019

Nov. 20, 2019

Complaint
31

1:19-cv-06558

First Amended Class Action Complaint: Jury Trial Demanded

Steele-Warrick v. Microgenics Corporation

March 5, 2020

March 5, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16490931/steele-warrick-v-microgenics-corporation/

Last updated Sept. 5, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Microgenics Corporation, Thermo Fisher Scientific, Inc. filing fee $ 400, receipt number ANYEDC-12082287 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Nadezca Steele-Warrick. (Brinckerhoff, Matthew) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

RECAP
2

Civil Cover Sheet.. Re 1 Complaint, by Nadezca Steele-Warrick (Brinckerhoff, Matthew) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

RECAP
3

Proposed Summons. Re 1 Complaint, by Nadezca Steele-Warrick (Brinckerhoff, Matthew) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
4

Proposed Summons. Re 1 Complaint, by Nadezca Steele-Warrick (Brinckerhoff, Matthew) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER

Case Assigned/Reassigned

Nov. 21, 2019

Nov. 21, 2019

PACER

Case Assigned to Judge Frederic Block and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Nov. 21, 2019

Nov. 21, 2019

PACER
5

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
6

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
7

Summons Issued as to Microgenics Corporation, Thermo Fisher Scientific, Inc.. (Attachments: # 1 Summon) (Davis, Kimberly) (Entered: 11/21/2019)

1 Summon

View on PACER

Nov. 21, 2019

Nov. 21, 2019

PACER
8

NOTICE of Appearance by Alanna Gayle Kaufman on behalf of Nadezca Steele-Warrick (aty to be noticed) (Kaufman, Alanna) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
9

First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12091641. by Nadezda Steele-Warrick. (Attachments: # 1 Affidavit, # 2 Certificate of Service) (Bentivegna, Dave) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 25, 2019

Nov. 25, 2019

PACER

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 11/25/2019. (Oliner, Daniel)

Nov. 25, 2019

Nov. 25, 2019

PACER
10

NOTICE of Appearance by Dave Bentivegna on behalf of Nadezda Steele-Warrick (notification declined or already on case) (Bentivegna, Dave) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
11

SUMMONS Returned Executed by Nadezda Steele-Warrick. Thermo Fisher Scientific, Inc. served on 11/22/2019, answer due 12/13/2019. (Kaufman, Alanna) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
12

SUMMONS Returned Executed by Nadezda Steele-Warrick. Microgenics Corporation served on 11/22/2019, answer due 12/13/2019. (Kaufman, Alanna) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
13

First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12122574. by Nadezda Steele-Warrick. (Hutchings, Betsy) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 5, 2019

Dec. 5, 2019

PACER

ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 12/5/2019. (Oliner, Daniel)

Dec. 5, 2019

Dec. 5, 2019

PACER
14

NOTICE of Appearance by Betsy Hutchings on behalf of All Plaintiffs (notification declined or already on case) (Hutchings, Betsy) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
15

NOTICE of Appearance by Erica Michelle Singer Mekles on behalf of Microgenics Corporation, Thermo Fisher Scientific, Inc. (aty to be noticed) (Singer Mekles, Erica) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
16

MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Microgenics Corporation, Thermo Fisher Scientific, Inc.. (Singer Mekles, Erica) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
18

ORDER granting 16 Motion for Extension of Time to Answer as to All Defendants. Defendants' deadline to answer the Complaint or otherwise move is extended to 1/10/2020. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 1/29/2020 at 11:30 AM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 1/23/2020. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 12/16/2019. (Quinlan, Krista) (Quinlan, Krista). (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER

Order on Motion for Extension of Time to Answer

Dec. 16, 2019

Dec. 16, 2019

PACER

Scheduling Order

Dec. 16, 2019

Dec. 16, 2019

PACER
17

NOTICE of Appearance by Christopher R. Carton on behalf of Microgenics Corporation, Thermo Fisher Scientific, Inc. (aty to be noticed) (Carton, Christopher) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
19

Letter MOTION for pre motion conference to seek permission to file a Rule 12 motion to dismiss Plaintiffs putative class-action Complaint and to strike the class allegations by Microgenics Corporation, Thermo Fisher Scientific, Inc.. (Carton, Christopher) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

RECAP
20

NOTICE of Appearance by Michael Cassidy on behalf of Nadezda Steele-Warrick (aty to be noticed) (Cassidy, Michael) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
21

CONSENT to Jurisdiction by US Magistrate Judge by Nadezda Steele-Warrick. (Kaufman, Alanna) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER

Case No Longer Referred

Jan. 16, 2020

Jan. 16, 2020

PACER

Case no longer referred to Magistrate Judge Vera M. Scanlon. (Ramesar, Thameera)

Jan. 16, 2020

Jan. 16, 2020

PACER
23

CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Frederic Block no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Ramesar, Thameera) (Entered: 01/17/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
22

RESPONSE to Motion re 19 Letter MOTION for pre motion conference to seek permission to file a Rule 12 motion to dismiss Plaintiffs putative class-action Complaint and to strike the class allegations filed by Nadezda Steele-Warrick. (Kaufman, Alanna) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

RECAP

Case No Longer Referred

Jan. 17, 2020

Jan. 17, 2020

PACER
24

Letter Re: Schedules for Discovery & Defendants' Motion to Dismiss & to Strike Class Allegations by Nadezda Steele-Warrick (Kaufman, Alanna) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
25

MOTION to Appear Pro Hac Vice of Alexander W. Hsu on behalf of Defendants Filing fee $ 150, receipt number ANYEDC-12302099. by Microgenics Corporation, Thermo Fisher Scientific, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing) (Hsu, Alexander). Added MOTION to Appear Pro Hac Vice on 6/29/2020 (Quinlan, Krista). (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 28, 2020

Jan. 28, 2020

PACER

ORDER deferring ruling on 25 Motion for Leave to Appear Pro Hac Vice at this time because the affidavit in support of the motion has not been properly notarized and does not fully comply with Local Rule 1.39(c). Counsel is permitted until 5/5/2020 to supplement the application with an updated affidavit. Ordered by Magistrate Judge Vera M. Scanlon on 1/28/2020. (Quinlan, Krista)

Jan. 28, 2020

Jan. 28, 2020

PACER
26

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12304740. by Microgenics Corporation, Thermo Fisher Scientific, Inc.. (Attachments: # 1 Affidavit in Support N Marcusen Affidavit, # 2 Exhibit Certificate of Good Standing) (Marcusen, Nathan) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
27

AFFIDAVIT/AFFIRMATION re 25 MOTION to Appear Pro Hac Vice of Alexander W. Hsu on behalf of Defendants Filing fee $ 150, receipt number ANYEDC-12302099. Alexander W. Hsu's Affidavit in Support of Motion to Admit Counsel Pro Hac Vice by Microgenics Corporation, Thermo Fisher Scientific, Inc. (Hsu, Alexander) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

RECAP

ORDER granting 25 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 1/28/2020. (Quinlan, Krista)

Jan. 28, 2020

Jan. 28, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 29, 2020

Jan. 29, 2020

PACER

ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 1/29/2020. (Quinlan, Krista)

Jan. 29, 2020

Jan. 29, 2020

PACER

Initial Conference Hearing

Jan. 29, 2020

Jan. 29, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 1/29/2020 in Courtroom 13A South. Allanna Kaufman and Dave Bentivegna appearing for Plaintiff. Matthew Brinckerhoff, Christopher Carton and Erica Mekles appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:41-12:50.) (Quinlan, Krista)

Jan. 29, 2020

Jan. 29, 2020

PACER
28

SCHEDULING ORDER: As discussed during the 1/29/2020 conference (see attached order for additional detail and deadlines), all discovery must be completed by 3/31/2021. On or before 3/31/2021, the Parties will file a joint status report letter confirming that discovery is complete. On or before 4/30/2021, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. An in person Status Conference is set for 6/17/2020 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 6/10/2020, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Class discovery will not proceed at least until the motion is decided. Unless class discovery presents challenges not yet foreseen, this discovery schedule will not be extended. The briefing schedule at 19 is adopted. Only the fully briefed motion should be filed. Ordered by Magistrate Judge Vera M. Scanlon on 1/29/2020. (Quinlan, Krista) (Entered: 01/30/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER

Initial Conference Hearing

Jan. 30, 2020

Jan. 30, 2020

PACER
29

TRANSCRIPT of Proceedings held on January 29, 2020, before Judge Scanlon. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/21/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/30/2020. (Hong, Loan) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
30

NOTICE of Appearance by Ananda Venkata Burra on behalf of Nadezda Steele-Warrick (aty to be noticed) (Burra, Ananda) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
31

AMENDED COMPLAINT against Microgenics Corporation, Thermo Fisher Scientific, Inc., filed by Nadezda Steele-Warrick. (Brinckerhoff, Matthew) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
32

Letter Regarding Amended Complaint Dkt 31 by Nadezda Steele-Warrick (Brinckerhoff, Matthew) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 9, 2020

March 9, 2020

PACER

ORDER finding as moot 25 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2020. (Quinlan, Krista)

March 9, 2020

March 9, 2020

PACER
33

Joint MOTION for Extension of Time to File Parties Proposed ESI Protocol by Nadezda Steele-Warrick. (Brinckerhoff, Matthew) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER

Order on Motion for Extension of Time to File

March 16, 2020

March 16, 2020

PACER

ORDER granting 33 Motion for Extension of Time to File. The parties Proposed ESI Protocol is extended to 3/17/2020. Ordered by Magistrate Judge Vera M. Scanlon on 3/16/2020. (Quinlan, Krista)

March 16, 2020

March 16, 2020

PACER
34

MOTION for Discovery Order by Nadezda Steele-Warrick. (Brinckerhoff, Matthew) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER

Scheduling Order

March 18, 2020

March 18, 2020

PACER

SCHEDULING ORDER: A Telephone Conference is set for 3/25/2020 at 11:30 AM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283. Ordered by Magistrate Judge Vera M. Scanlon on 3/18/2020. (Quinlan, Krista)

March 18, 2020

March 18, 2020

PACER
35

MEMORANDUM in Opposition re 34 MOTION for Discovery Order filed by Microgenics Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Carton, Christopher) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
36

RESPONSE in Opposition re 34 MOTION for Discovery Order to Join in Opposition with Microgenics filed by Thermo Fisher Scientific, Inc.. (Carton, Christopher) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
37

Letter MOTION to Stay Discovery by Microgenics Corporation. (Attachments: # 1 Exhibit 1 in Support of Letter Motion, # 2 Exhibit 2 in Support of Letter Motion) (Carton, Christopher) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
38

REPLY in Support of Microgenics Letter Motion for stay of Discovery filed by Thermo Fisher Scientific, Inc.. (Carton, Christopher) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
39

RESPONSE in Opposition re 37 Letter MOTION to Stay Discovery filed by All Plaintiffs. (Brinckerhoff, Matthew) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 3/25/2020. Alanna Gayle Kaufman, Ananda Venkata Burra, Michael Cassidy and Matthew D. Brinckerhoff appearing for Plaintiff. Christopher R. Carton appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:41-12:29.) (Quinlan, Krista)

March 25, 2020

March 25, 2020

PACER

ORDER The motion for a stay at 37 is denied, and the motion to compel discovery at 34 is denied for the reasons stated on the record. In brief, counsel are expected to adapt the litigation process to the exigencies of the COVID-19 pandemic. Per the representations of Defendants' counsel, given his clients' participation in the health care industry, and response to the pandemic, communications with the clients are delayed. Accordingly, it is presently difficult for Defendants' counsel to consult fully with his clients. At the same time, because discovery was already underway when the pandemic developed, Defendants' counsel is already in possession of some of the discovery materials that will be produced. As an adaptation to the current circumstances, limited discovery will proceed at this time. Defendants will make a complete production of the Wilkie/Carter materials as available. No other discovery will be produced before 6/26/2020. In the intervening period, counsel are expected to discuss what future ESI requests will be, including any adjustments for the expanded amended complaint. Counsel should work to develop an ESI protocol, recognizing that the opportunity to refine the agreement by Defendants running test searches may be limited for the time being. The subpoena to DOCS is stayed until at least 6/26/2020. By that date, Plaintiffs may request that the subpoena proceed. Any permission to proceed will take into account the then-present demands on the correctional services in light of the pandemic. Counsel for Plaintiff is to provide a copy of this Order to DOCS and file proof of service by 4/8/2020.The motion for a pre-motion conference is granted to the extent today's conference was held. The briefing for the motion to dismiss is as follows: Defendants' moving papers to be served by 4/24/2020; Plaintiffs' opposition to be served by 5/22/2020; Defendants' reply to be served by 6/12/2020. Counsel are requested to extend the Court the courtesy of filing only the fully briefed motion by 6/19/2020. If additional time is needed to complete the briefing, counsel may propose an amended schedule. A Pre Motion Hearing is set for 7/29/2020 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 3/25/2020. (Quinlan, Krista)

March 25, 2020

March 25, 2020

PACER
40

NOTICE of Change of Firm Affiliation Once the filing has been made, you must login to www.pacer.gov and update your account. (Kaufman, Alanna) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
41

Letter MOTION for Discovery Clarification by Nadezda Steele-Warrick. (Burra, Ananda) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER

Telephone Conference

April 1, 2020

April 1, 2020

PACER

Order on Motion for Discovery

April 1, 2020

April 1, 2020

PACER

Order on Motion to Stay

April 1, 2020

April 1, 2020

PACER

Order on Motion for Pre Motion Conference

April 1, 2020

April 1, 2020

PACER

Scheduling Order

April 1, 2020

April 1, 2020

PACER

1 - Terminate Deadlines and Hearings

April 1, 2020

April 1, 2020

PACER
42

RESPONSE in Opposition re 41 Letter MOTION for Discovery Clarification filed by Office of the Attorney General for the State of New York. (Hathaway, Barbara) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
43

Letter responding to letter from NY Attorney General's Office by Nadezda Steele-Warrick (Burra, Ananda) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

ORDER denying 41 Motion for Discovery. In light of the COVID-19 pandemic and the demands on New York State authorities, the Court adheres to its decision to stay discovery against DOCCS until June 26, 2020. For the same reasons, the stay is extended to any subpoena issued to the NYS Office of the Inspector General. For the same reasons, discovery as to any governmental agency is stayed until 6/26/2020 unless there is a substantial improvement in current circumstances such that discovery would not place an undue burden on the government agency. As to Alere Toxicology, there is no information in the record as to the impact of the pandemic on this entity. To the extent the pandemic limits its ability to respond to the subpoena, it may apply to stay or quash the subpoena. Plaintiff's counsel is to serve a copy of this Order on the NYS Attorney General's Office and Alere Toxicology, and file proof of service by 4/9/2020. Ordered by Magistrate Judge Vera M. Scanlon on 4/2/2020. (Scanlon, Vera)

April 2, 2020

April 2, 2020

PACER

Order on Motion for Discovery

April 3, 2020

April 3, 2020

PACER
44

DECLARATION of Service of the Court's April 2, 2020 Order by Nadezda Steele-Warrick (Burra, Ananda) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
45

Corporate Disclosure Statement by Thermo Fisher Scientific, Inc. (Marcusen, Nathan) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
46

Corporate Disclosure Statement by Microgenics Corporation identifying Corporate Parent Thermo Fisher Scientific Inc. for Microgenics Corporation. (Marcusen, Nathan) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
47

MOTION to Dismiss Plaintiff's First Amended Class Action Complaint and to Strike Class Allegations by Thermo Fisher Scientific, Inc.. (Attachments: # 1 Memorandum in Support of Thermo Fisher's Motion to Dismiss, # 2 Declaration of Nathan Marcusen in Support of Thermo Fisher's Motion to Dismiss, # 3 Certificate of Service of Thermo Fisher's Motion to Dismiss, # 4 Memorandum in Opposition of Thermo Fisher's Motion to Dismiss, # 5 Memorandum in Support (Reply) of Thermo Fisher re Motion to Dismiss, # 6 Certificate of Service of Thermo Fisher's Reply re Motion to Dismiss) (Marcusen, Nathan) (Entered: 06/15/2020)

1 Memorandum in Support of Thermo Fisher's Motion to Dismiss

View on RECAP

2 Declaration of Nathan Marcusen in Support of Thermo Fisher's Motion to Dism

View on RECAP

3 Certificate of Service of Thermo Fisher's Motion to Dismiss

View on RECAP

4 Memorandum in Opposition of Thermo Fisher's Motion to Dismiss

View on RECAP

5 Memorandum in Support (Reply) of Thermo Fisher re Motion to Dismiss

View on RECAP

6 Certificate of Service of Thermo Fisher's Reply re Motion to Dismiss

View on RECAP

June 15, 2020

June 15, 2020

RECAP
48

MOTION to Dismiss Plaintiff's First Amended Class Action Complaint and to Strike Class Allegations by Microgenics Corporation. (Attachments: # 1 Memorandum in Support of Microgenic's Motion to Dismiss, # 2 Declaration of Nathan Marcusen in Support of Microgenic's Motion to Dismiss, # 3 Certificate of Service of Microgenic's Motion to Dismiss, # 4 Memorandum in Opposition of Microgenic's Motion to Dismiss, # 5 Memorandum in Support (Reply) in Support of Microgenic's Motion to Dismiss, # 6 Certificate of Service of Microgenic's Reply re Motion to Dismiss) (Marcusen, Nathan) (Entered: 06/15/2020)

1 Memorandum in Support of Microgenic's Motion to Dismiss

View on RECAP

2 Declaration of Nathan Marcusen in Support of Microgenic's Motion to Dismiss

View on RECAP

3 Certificate of Service of Microgenic's Motion to Dismiss

View on RECAP

4 Memorandum in Opposition of Microgenic's Motion to Dismiss

View on RECAP

5 Memorandum in Support (Reply) in Support of Microgenic's Motion to Dismiss

View on RECAP

6 Certificate of Service of Microgenic's Reply re Motion to Dismiss

View on RECAP

June 15, 2020

June 15, 2020

RECAP

ORDER. The hearing on 7/29/2020 at 10:30 a.m. will be held by telephone. Counsel can connect with the Court for the proceeding by calling 1-877-336-1829, access code 3581283. The parties should expect to argue the substance of their positions set forth in the motion filings at 47 and 48 . Ordered by Magistrate Judge Vera M. Scanlon on 6/29/2020. (Lozar, Ryan)

June 29, 2020

June 29, 2020

PACER

Order(Other)

June 29, 2020

June 29, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 29, 2020

June 29, 2020

PACER
49

Letter re: Discovery Plan and Protective Order by Nadezda Steele-Warrick (Attachments: # 1 e-Discovery Plan, # 2 Proposed Order) (Burra, Ananda) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
50

REPLY in Support re 48 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint and to Strike Class Allegations, 47 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint and to Strike Class Allegations supplemental authority filed by Microgenics Corporation, Thermo Fisher Scientific, Inc.. (Carton, Christopher) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 7/29/2020. Alanna Gayle Kaufman, Ananda Venkata Burra, Matthew D. Brinckerhoff and Michael Cassidy appearing for Plaintiff. Christopher R. Carton and Nathan J. Marcusen appearing for Defendants. William Wright appearing for Office of the Attorney General of the State of New York. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:32-10:58; 11:24-12:25.) (Quinlan, Krista)

July 29, 2020

July 29, 2020

PACER

STATUS REPORT ORDER: As discussed during the 7/29/2020 conference, the parties' proposed stipulated e-discovery plan [49-1] is so ordered. On or before 9/24/2020, the parties are to revise and resubmit their proposed protective order [49-2] as follows: First, delete all references to a Disclosing Party's ability to mark discovery "Highly Confidential-Attorney's Eyes Only" and related special handling. See, e.g., [49-2], paragraphs 4, 11. The deletions are necessary because the proposed confidentiality order is overbroad and may make discovery unwieldy in that Plaintiff would be limited in their ability to review relevant discovery with their clients. If a Disclosing Party later finds protections for "Confidential" discovery insufficient as to specific information, the Disclosing Party may at that time enter into a specific agreement with the other parties or make an application to the Court raising the particular issue. Second, the revised text must contain a provision requiring a Disclosing Party producing discovery marked "Confidential" to simultaneously deliver a second set of that discovery to the Receiving Party on which the Disclosing Party has specifically redacted the purportedly sensitive information. The parties are reminded that awaiting the entry of a confidentiality order is not an excuse for the parties to delay the timely production of discovery covered by the parties own confidentiality agreement. The parties are also reminded that discovery is not stayed in this action during the pendency of the motions to dismiss. To the extent that the involved government agencies face difficulties producing discovery because of the COVID-19 pandemic, they should discuss their concerns with the parties' counsel, and if they are unable to come to a production agreement, they should timely raise the issue with the Court. Should the parties be interested in discussion settlement with a mediator, they may request a referral to the Court's mediation program by submitting a joint request for a referral to the Court's ADR program. Ordered by Magistrate Judge Vera M. Scanlon on 7/29/2020. (Quinlan, Krista)

July 29, 2020

July 29, 2020

PACER
51

TRANSCRIPT of Proceedings held on July 29, 2020, before Judge Scanlon. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020. (Hong, Loan) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER

Telephone Conference

Sept. 10, 2020

Sept. 10, 2020

PACER

Status Report Order AND 1 - Terminate Deadlines and Hearings

Sept. 10, 2020

Sept. 10, 2020

PACER

Status Report Order

Sept. 10, 2020

Sept. 10, 2020

PACER

Order(Other)

Sept. 10, 2020

Sept. 10, 2020

PACER
52

Letter MOTION for Protective Order re: Revised as Stipulated By All Parties by Microgenics Corporation, Thermo Fisher Scientific, Inc.. (Attachments: # 1 Proposed Order) (Singer Mekles, Erica) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER

ORDER granting 52 Motion for Protective Order. Ordered by Magistrate Judge Vera M. Scanlon on 9/24/2020. (Quinlan, Krista)

Sept. 24, 2020

Sept. 24, 2020

PACER

Order on Motion for Protective Order

Sept. 24, 2020

Sept. 24, 2020

PACER

SCHEDULING ORDER: A Telephone Conference is set for 12/8/2020 at 3:00 PM before Magistrate Judge Vera M. Scanlon. The Parties should be prepared to discuss any discovery issues. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. 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. Ordered by Magistrate Judge Vera M. Scanlon on 10/26/2020. (Quinlan, Krista) Modified on 10/26/2020 to correct date. (Quinlan, Krista).

Oct. 26, 2020

Oct. 26, 2020

PACER

Set/Reset Hearings: Telephone Conference is set for 12/8/2020 at 3:00 PM before Magistrate Judge Vera M. Scanlon. (Quinlan, Krista)

Oct. 26, 2020

Oct. 26, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 20, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Putative class: all persons who obtained positive testing results for Suboxone/buprenorphine generated by Indiko Plus urinalysis analyzers while in DOCCS custody in 2019.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Legal Services/Legal Aid

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Microgenics Corporation (Fremont), Private Entity/Person

Thermo Fischer Scientific (Waltham), Private Entity/Person

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Personal injury

Type of Facility:

Government-run