Case: Vargas v. Quest Diagnostics Clinical Laboratories, Inc.

COMPLAINT Receipt No: 0973-24463435 - Fee: $400, filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to Defendant Quest Diagnostics Clinical Laboratories, Inc., # 3 Proposed Summons to Defendant Quest Diagnostics Holdings, Inc., # 4 Proposed Summons to Defendant Quest Diagnostics Inc.) (Attorney Jonathan D Miller added to party Julian Vargas(pty:pla), Attorney Jonathan D Miller added to party Anne West(pty:pla))(Miller, Jonathan) (Entered: 09/18/2019)

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) (Entered: 09/19/2019)

NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Michael R. Wilner. (lh) (Entered: 09/19/2019)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 09/19/2019)

NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet, No. 2 Proposed Summons to Defendant Quest Diagnostics Clinical Laboratories, Inc., No. 3 Proposed Summons to Defendant Quest Diagnostics Holdings, Inc. and No. 4 Proposed Summons to Defendant Quest Diagnostics Inc. should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) (Entered: 09/19/2019)

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-8108 DMG (MRWx). (esa) (Entered: 09/19/2019)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 09/19/2019)

NOTICE of Interested Parties filed by Plaintiffs Julian Vargas, Anne West, (Miller, Jonathan) (Entered: 09/20/2019)

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint 1 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) (Entered: 09/23/2019)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 09/23/2019)

MINUTES OF IN CHAMBERS - REASSIGNMENT OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Reassign Pursuant to General Order 19-03 filed on 9/19/2019. The case number will now read CV 19-8108-DMG (MRWx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk) (Entered: 09/24/2019)

21-Day Summons Issued re Complaint 1 as to Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., and Quest Diagnostics Incorporated. (gk) (Entered: 09/24/2019)

INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) (Entered: 09/25/2019)

Notice to Parties: ADA Disability Access Litigation. (kti) (Entered: 09/25/2019)

PROOF OF SERVICE Executed by Plaintiff Julian Vargas, Anne West, upon Defendant Quest Diagnostics Clinical Laboratories, Inc. served on 10/1/2019, answer due 10/22/2019. Service of the Summons and Complaint were executed upon Lynanne Gares, Litigation Management Services Leader in compliance with statute not specified by personal service.Original Summons NOT returned. (Miller, Jonathan) (Entered: 10/07/2019)

PROOF OF SERVICE Executed by Plaintiff Julian Vargas, Anne West, upon Defendant Quest Diagnostics Holdings, Inc. served on 10/1/2019, answer due 10/22/2019. Service of the Summons and Complaint were executed upon Lynanne Gares, Litigation Management Services Leader in compliance with statute not specified by personal service.Original Summons NOT returned. (Miller, Jonathan) (Entered: 10/09/2019)

PROOF OF SERVICE Executed by Plaintiff Julian Vargas, Anne West, upon Defendant Quest Diagnostics Incorporated served on 10/1/2019, answer due 10/22/2019. Service of the Summons and Complaint were executed upon Lynanne Gares, Litigation Management Services Leader in compliance with statute not specified by personal service.Original Summons NOT returned. (Miller, Jonathan) (Entered: 10/09/2019)

Joint STIPULATION Extending Time to Answer the complaint as to Quest Diagnostics Holdings, Inc. answer now due 11/21/2019; Quest Diagnostics Clinical Laboratories, Inc. answer now due 11/21/2019; Quest Diagnostics Incorporated answer now due 11/21/2019, filed by Defendants Quest Diagnostics Holdings, Inc.; Quest Diagnostics Clinical Laboratories, Inc.; Quest Diagnostics Incorporated.(Attorney David H Raizman added to party Quest Diagnostics Clinical Laboratories, Inc.(pty:dft), Attorney David H Raizman added to party Quest Diagnostics Holdings, Inc.(pty:dft), Attorney David H Raizman added to party Quest Diagnostics Incorporated(pty:dft))(Raizman, David) (Entered: 10/21/2019)

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 11/21/2019)

CORPORATE DISCLOSURE STATEMENT filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated (Raizman, David) (Entered: 11/21/2019)

SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 12/27/2019. Scheduling Conference set for 1/10/2020 at 9:30 a.m. (See order for details.) (kti) (Entered: 11/22/2019)

JOINT REPORT of RULE 26 MEETING filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 12/27/2019)

MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: On 11/22/2019, the Court set a Scheduling Conference 21 . As required by the Court's 11/22/2019 Order, Fed. R. Civ. P. 26(f), and Local Rule 26-1, counsel are required to file a Joint Rule 26(f) Report, attaching a worksheet (Exhibit A). To date, a completed worksheet (including proposed trial dates) has not been filed. The parties shall file their Joint Rule 26(f) Report, attaching the worksheet attached to the Court's 11/22/2019 Order, by no later than 1/6/2020. Court Reporter: Not Reported. (gk) (Entered: 12/30/2019)

JOINT REPORT of RULE 26 MEETING filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Exhibit A (Worksheet))(Miller, Jonathan) (Entered: 01/06/2020)

(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte converts the scheduling conference on January 10, 2020 to a telephonic conference and continues the hearing time from 9:30 a.m. to 10:15 a.m. Counsel shall contact the courtroom deputy clerk at dmg_chambers@cacd.uscourts.gov to receive the conference bridge line information. Please note that a landline telephone must be used to call-in. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 01/09/2020)

Text Only Scheduling Notice

MINUTES OF Telephonic Scheduling Conference held before Judge Dolly M. Gee: Court and counsel confer. Disclosures were made on the record. Based upon the statements made today on the record, the Court hereby sets the Final Pretrial Conference for 4/6/2021 at 2:00 PM and the Jury Trial date is set for 5/4/2021 at 8:30 AM. The Court issues the scheduling and case management order with further deadlines. Counsel are reminded of their obligations and requirements to timely and fully comply with all orders. Court Reporter: Sheri Kleeger. (gk) (Entered: 01/13/2020)

SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 4/6/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 5/4/2021 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: # 1 Schedule of Pretrial and Trial Dates) (gk) (Entered: 01/13/2020)

ORDER/REFERRAL to ADR Procedure No 1 by Judge Dolly M. Gee. Case ordered to Magistrate Judge Louise A. LaMothe for Settlement Conference. ADR Proceeding to be held no later than 4/9/2020 (early mediation before MJ LaMothe); 3/9/2021. Joint status report re settlement due by 4/16/2020 (joint report re results of early mediation); 3/16/2020. (gk) (Entered: 01/13/2020)

TRANSCRIPT ORDER as to Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated for Court Reporter. Court will contact Tisa Hunter at tisa.hunter@ogletree.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Marfori, Jan) (Entered: 01/15/2020)

APPLICATION of Non-Resident Attorney Matthew K. Handley to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25599705) filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Proposed Order) (Miller, Jonathan) (Entered: 03/03/2020)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Matthew K. Handley to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25599705) 30 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (Thrasher, Lupe) (Entered: 03/04/2020)

ORDER by Judge Dolly M. Gee: GRANTING 30 Non-Resident Attorney Matthew K. Handley APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas and Anne West, designating Jonathan D Miller as local counsel. (es) (Entered: 03/06/2020)

STATUS REPORT (JOINT) RE: SETTLEMENT filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 04/16/2020)

NOTICE OF MOTION AND MOTION for Leave to file FIRST AMENDED CLASS ACTION COMPLAINT filed by Plaintiffs Julian Vargas, Anne West. Motion set for hearing on 5/22/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Declaration of Jonathan Miller, # 2 Proposed Order) (Miller, Jonathan) (Entered: 04/17/2020)

STATUS REPORT (Supplemental ADR Report Supplementing Joint Status Report Re: Settlement (Dkt. No. 33); Request to Extend Mediation Deadline filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Raizman, David) (Entered: 04/23/2020)

(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed the parties' Joint Status Report and Defendant's request for clarification 33 35 . As the parties have already completed early mediation before Judge Wagner, there is no need to do it before Judge LaMothe. If the parties wish to engage in further ADR proceedings, they may do so before Judge LaMothe or another neutral of their choosing, provided it is completed before March 9, 2021 28 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 04/28/2020)

Text Only Scheduling Notice

MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: The Court requests that Plaintiffs file a supplemental declaration by 5/12/2020, detailing in specifics (1) when they first learned about the need to amend the complaint during the nearly seven months between the filing of the complaint on 9/18/2019 and the 4/10/2020 deadline for amending the complaint and (2) why Plaintiffs completely disregarded the Court's Initial Standing. Thereafter, Plaintiffs' Motion for Leave to File a First Amended Complaint 34 shall be taken under submission. The 5/222020 hearing is VACATED. Court Reporter: Not Reported. (gk) (Entered: 05/06/2020)

DECLARATION of JONATHAN D. MILLER IN SUPPORT OF NOTICE OF MOTION AND MOTION for Leave to file FIRST AMENDED CLASS ACTION COMPLAINT 34 [SUPPLEMENTAL] filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Miller, Jonathan) (Entered: 05/07/2020)

DECLARATION of MATTHEW HANDLEY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Leave to file FIRST AMENDED CLASS ACTION COMPLAINT 34 [SUPPLEMENTAL] filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 05/07/2020)

MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: The Court extends the deadline for amendment of pleadings under Rule 16(b)(4) and GRANTS Plaintiffs' motion to amend 34 . Plaintiffs shall file the First Amended Complaint ("FAC") within three court days from the date of this Order. Defendants shall file their response within 21 days after Plaintiffs file and serve the FAC. Court Reporter: Not Reported. (gk) (Entered: 05/15/2020)

FIRST AMENDED COMPLAINT against Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiffs Julian Vargas, Anne West, American Council of the Blind(Attorney Jonathan D Miller added to party American Council of the Blind(pty:pla))(Miller, Jonathan) (Entered: 05/15/2020)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Benjamin J. Sweet. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) (Entered: 05/18/2020)

STATUS REPORT RE: PRO HAC VICE APPLICATION FOR OUT-OF-STATE ATTORNEY BENJAMIN J. SWEET filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 05/22/2020)

APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26661809) filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order) (Miller, Jonathan) (Entered: 06/02/2020)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26661809) 44 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (Thrasher, Lupe) (Entered: 06/03/2020)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application of Non-Resident Attorney to Appear filed 6/2/2020 44 . Plaintiffs shall file an amended Application within 14 days of this order. Failure to comply will result in the application being denied and the fees returned by the Clerk. (gk) (Entered: 06/04/2020)

ANSWER to Amended Complaint/Petition, 41 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 06/05/2020)

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. A motion to change the pretrial dates in this action likely needs to be presented to District Judge Gee she set the schedule. As a result, a conference call with Magistrate Judge Wilner does not seem like it will resolve the parties dispute. However, if youd still like to chat about the issue, we can talk on Wednesday (6/10) at 2 pm. The Clerk will separately circulate call-in information.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 06/09/2020)

Text Only Scheduling Notice

MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of the case. The Court sets a further telephonic status conference on June 16, 2020 at 9:00 a.m. Court Recorder: XTR 6/10/2020. (vm) (Entered: 06/10/2020)

Amendment to APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26661809) 44 filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Entered: 06/16/2020)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application 50 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 83-2.1.3.3(b) Proposed order not attached. Other error(s) with document(s): Incorrect event selected: Applications/Ex Parte Applications/Motions/Petitions/Requests.. Application.. Appear Pro Hac Vice. Note: Wrong event does not provide relief or changes sought. (Thrasher, Lupe) (Entered: 06/18/2020)

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form, 51 . The deficiency notice should not have stated that the proposed order was not included. It was attached to the application. Deficiency notice issued for that portion was in error. (Thrasher, Lupe) (Entered: 06/18/2020)

Amended APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Previously Paid on 6/2/2020, Receipt No. 26661809) filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order) (Miller, Jonathan) (Entered: 06/18/2020)

ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas, Anne West, and American Council of the Blind, designating Jonathan D. Miller as local counsel 44, 53 . (gk) (Entered: 06/19/2020)

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for June 24, 2020 at 9:30 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 06/22/2020)

Text Only Scheduling Notice

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Counsel informed the court that the parties reached an agreement on discovery issues. The previously scheduled Telephone Conference set for June 24, 2020 at 9:30 a.m. is vacated and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 06/23/2020)

STIPULATION to Continue Stay Discovery and Continuing Dates from 05/04/2021 to 10/05/2021 Re: Pretrial-Trial Scheduling Order - form only, 27 filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Attachments: # 1 Proposed Order Staying Discovery and Continuing Dates)(Raizman, David) (Entered: 06/23/2020)

Text Only Scheduling Notice

ORDER STAYING DISCOVERY AND CONTINUING CASE MANAGEMENT DATES by Judge Dolly M. Gee: Upon Stipulation 57, IT IS HEREBY ORDERED that Discovery is stayed through 10/21/2020, with Defendants' responses to the Rule 34 document request, Rule 33 interrogatories, and Rule 36 requests for admission due on 10/28/2020. Plaintiffs' requested 30(b)(6) deposition shall occur on or before 11/18/2020, subject to the parties' further agreement. Final Pretrial Conference is continued to 9/7/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 10/5/2021 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk) (Entered: 07/01/2020)

STIPULATION for Protective Order filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Roller, Amber) (Entered: 11/16/2020)

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Stipulation for Protective Order 59 (vm) (Entered: 11/18/2020)

Joint STIPULATION to Continue SCHEDULING ORDER DATES filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Entered: 01/13/2021)

ORDER RE SECOND STIPULATION TO CONTINUE DATES by Judge Dolly M. Gee: Upon Stipulation 61, IT IS HEREBY ORDERED that the Scheduling Order is modified in accorance with the second amended pretrial and trial scheduled attached hereto. Final Pretrial Conference set for 12/7/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 1/11/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk) (Entered: 01/22/2021)

STIPULATION for Protective Order filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 03/08/2021)

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Stipulation for Protective Order 63 (vm) (Entered: 03/09/2021)

Joint STIPULATION to Continue Class Certification Hearing Deadline from May 14, 2021 to July 2, 2021 filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Entered: 03/26/2021)

ORDER RE THIRD STIPULATION TO CONTINUE CERTAIN PRETRIAL DATES by Judge Dolly M. Gee: Upon Stipulation 65, the Court orders: The Last Hearing Date for Class Certification is continued to 7/2/2021 at 10:00 AM. Last day to file Motion for Class Certification 5/21/2021. Last day to file Opposition to Motion for Class Certification 6/11/2021. Last day to file Reply to Class Certification Motion 6/18/2021. The remaining dates set forth in the Second Amended Scheduling Order (Doc. No. 62) will remain the same. Subject to further agreement of the parties, the depositions of Defendants' and Plaintiffs' witnesses, including Rule 30(b)(6) witnesses, will proceed as set forth in the parties' stipulation. (gk) (Entered: 03/30/2021)

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Status Conference set for May 3, 2021 at 10:30 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 04/30/2021)

Text Only Scheduling Notice

COMPACT DISC Order for date of proceedings May 3, 2021 to May 3, 2021 re: Text Only Scheduling Notice 67, filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: May 3, 2021. Other: May 3, 2021. FEE NOT PAID. (Raizman, David) (Entered: 05/03/2021)

MINUTES OF Status Conference held before Magistrate Judge Michael R. Wilner.The Court conferred with the parties regarding discovery. The parties may file supplemental briefs (not to exceed 10 pages). (See Minute Order for further details) Court Recorder: ZoomGov 5/3/2021. (vm) (Entered: 05/03/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Audio Recording Form (AO-436), 68 . The following error(s) was found: AT THIS TIME, ALL CD REQUESTS NEED TO BE PAID ONLINE. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY (Entered: 05/03/2021)

COMPACT DISC Order for date of proceedings May 3, 2021 to May 3, 2021 re: Status Conference - optional html form, 69, filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: May 3, 2021. FEE PAID. (Raizman, David) (Entered: 05/03/2021)

Text Only Notice of Deficiency re Request for Transcript

TRANSCRIPT ORDER as to defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated for Court Smart (CS). Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Raizman, David) (Entered: 05/04/2021)

COMPACT DISC Order for date of proceedings 5/3/2021 to 5/3/2021 filed by Plaintiff Julian Vargas. Court will contact Lindsey LeBlanc at lindsey@nshmlaw.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: Status Conference, 5/3/2021. FEE PAID. (Miller, Jonathan) (Entered: 05/05/2021)

TRANSCRIPT for proceedings held on 5/3/21. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/27/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/4/2021. (jlo) (Entered: 05/06/2021)

NOTICE OF FILING TRANSCRIPT filed for proceedings 5/3/21 re Transcript 74 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY (Entered: 05/06/2021)

Notice of Filing Transcript

STIPULATION to Continue Class Certification Hearing Deadline from July 2, 2021 to October 29, 2021 filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order Granting Stipulation to Continue the Class Certification Hearing Deadline and Setting Briefing Schedule)(Miller, Jonathan) (Entered: 05/17/2021)

ORDER APPROVING FOURTH STIPULATION TO CONTINUE THE CLASS CERTIFICATION HEARING DEADLINE AND SETTING BRIEFING SCHEDULE by Judge Dolly M. Gee: Upon the parties' Fourth Stipulation 76, the Court orders the Scheduling Order 66 is hereby amended as follows: Last Hearing Date for Class Certification 10/29/2021 at 10:00 AM. Last day to file Motion for Class Certification 9/10/2021. Last day to file Opposition to Motion for Class Certification 10/1/2021. Last day to file Reply to Class Certification Motion 10/15/2021. See document for further details. (gk) (Entered: 05/19/2021)

Joint STIPULATION to Dismiss Plaintiff Anne West filed by Plaintiffs Julian Vargas, Anne West, American Council of the Blind.(Miller, Jonathan) (Entered: 05/27/2021)

NOTICE OF MOTION AND MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. Motion set for hearing on 8/18/2021 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Compel Clark Rachfal to Respond to Questions he was instructed to, and refused, to Answer, # 2 Declaration of David Raizman ISO Motion to Compel Clark Rachfal to Answer Questions, # 3 Exhibit 1, pg 3, Raizman Judicate West Sign-In, # 4 Exhibit 2, pgs 4 to 28, Excerpts of Rachfal Transcript, # 5 Exhibit 3, pgs 29 to 32, Quest Meet & Confer Letter dated 6.22.21, # 6 Exhibit 4, pgs 33 to 35, Plaintiffs' Response to Quest's MC dated 6.25.21, # 7 Declaration of Jonathan Miller ISO Joint Stipulation to Motion to Compel, # 8 Exhibit A, pg 4, Miller Judicate West Sign-In, # 9 Exhibit B, pg 5, Handley Judicate West Sign-In, # 10 Exhibit C, pg 6, Sweet Judicate West Sign-In, # 11 Exhibit Dkt. 62 filed 1.21.21 Civil Trial Scheduling Order)(Raizman, David) (Entered: 07/28/2021)

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Joint STIPULATION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 07/28/2021)

NOTICE OF MOTION AND MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND filed by Plaintiffs American Council of the Blind, Julian Vargas. Motion set for hearing on 8/18/2021 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: # 1 Proposed Order, # 2 Declaration of Jonathan D. Miller, # 3 Exhibit A to Declaration of Miller, # 4 Exhibit B to Declaration of Miller, # 5 Exhibit C to Declaration of Miller, # 6 Exhibit D to Declaration of Miller, # 7 Declaration of David Raizman, # 8 Exhibit 1 to Declaration of Raizman)(Miller, Jonathan) (Entered: 07/28/2021)

JOINT STIPULATION to MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Plaintiffs American Council of the Blind, Julian Vargas. (Miller, Jonathan) (Entered: 07/28/2021)

SUPPLEMENT to MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer 79, MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Raizman, David) (Entered: 08/04/2021)

SUPPLEMENT to MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer 79, MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Plaintiffs American Council of the Blind, Julian Vargas. (Miller, Jonathan) (Entered: 08/04/2021)

SCHEDULING NOTICE RE: MOTION HEARING by Magistrate Judge Michael R. Wilner. On the Court's own motion, the motion hearing set for August 18, 2021 at 9:30 a.m. is rescheduled to 9:45 a.m. on August 18. re: MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 08/17/2021)

Text Only Scheduling Notice

MINUTES OF Motion Hearing held before Magistrate Judge Michael R. Wilner. The Court hears oral argument from counsel and takes the matter under submission. Court Recorder: ZoomGov 8/18/2021. (vm) (Entered: 08/18/2021)

MINUTES (IN CHAMBERS) ORDER RE: DISCOVERY DISPUTE by Magistrate Judge Michael R. Wilner. For the reasons stated at the hearing, Quest1 has not convincingly explained how the subjective, percipient testimony of the mediation attendee is plausibly relevant to the issues in this case. Additionally, the defenses contentions that those discussions are unprivileged and properly subject to discovery are untenable. The defense motion is denied; Plaintiffs request for a protective order is granted. Within seven days from the issuance of this order, Plaintiff will submit a competent declaration attesting to the fees and expenses incurred in the motion practice. Quest will have two weeks to submit a statement (NTE five pages) addressing the propriety of a fee-shift determination. After that, the Court will take the matter under consideration. (See Minute Order for further details) denying 79 Motion to Compel; granting 81 Motion for Protective Order re MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer 79, MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 (vm) (Entered: 08/19/2021)

TRANSCRIPT ORDER as to defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated for Court Smart (CS). Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Raizman, David) (Entered: 08/26/2021)

DECLARATION of Jonathan D. Miller IN SUPPORT OF PLAINTIFFS REQUEST FOR ATTORNEYS FEES RE: MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Plaintiffs American Council of the Blind, Julian Vargas. (Attachments: # 1 Exhibit A (Spreadsheet of Attorney & Paralegal Time Spent on Motion for Protective Order))(Miller, Jonathan) (Entered: 08/26/2021)

STIPULATION to Continue Summary Judgment Filing and Hearing Deadlines to Coordinate with Class Certification Re: Order,, 66, Order,, Set/Reset Deadlines/Hearings, 62, Order,, 77 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Attachments: # 1 Proposed Order)(Raizman, David) (Entered: 08/31/2021)

MEMORANDUM of Points and Authorities in Opposition filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. To A Fee Shift Determination. Re: Order on Motion to Compel,,,,, Order on Motion for Protective Order,,,, 87 (Attachments: # 1 Declaration of David Raizman, # 2 Exhibit 1)(Raizman, David) (Entered: 09/02/2021)