Case: Spurlock v. Wexford Health Sources, Incorporated

Spurlock et al. v. Wexford Health Sources, Incorporated

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8453861. (Attachments: # 1 Proposed Summons as to Wexford Health Sources, Incorporated (Joseph M. Ebbitt), # 2 Civil Cover Sheet) (jsa) (Entered: 07/10/2023)

1 Proposed Summons as to Wexford Health Sources, Inc.orporated

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2 Civil Cover Sheet

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CASE assigned to Judge Robert C. Chambers. (klc)

ELECTRONIC SUMMONS ISSUED as to Wexford Health Sources, Incorporated (Joseph M. Ebbitt), re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jsa)

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

Case Assigned

NOTICE OF CHANGE OF ATTORNEY INFORMATION by David H. Carriger appearing Heather Smith, Lauren Spurlock, Shawn Zmudzinski. (Carriger, David)

WAIVER OF SERVICE EXECUTED. Waiver signed by Jordan K. Herrick on 7/31/2023. Wexford Health Sources, Incorporated waiver mailed on 7/31/2023, answer due 9/29/2023. (Herrick, Jordan)

NOTICE OF APPEARANCE by Harrison M. Cyrus on behalf of Wexford Health Sources, Incorporated. (Cyrus, Harrison)

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wexford Health Sources, Incorporated. (Herrick, Jordan)

ANSWER AND AFFIRMATIVE DEFENSES to 1 Complaint by Wexford Health Sources, Incorporated; Jury demand. (Herrick, Jordan) (Modified on 9/19/2023 to add jury demand) (mkw).

ORDER AND NOTICE: Rule 12(b) Motions - 10/10/2023. Rule 26(f) Meeting - 10/23/2023. Last day to file report of Rule 26(f) Meeting - 10/30/2023. Scheduling/status conference at 11:30 AM on 11/13/2023 in Huntington. Entry of Scheduling Order - 11/20/2023. Last Day to make Rule 26(a)(1) disclosures - 11/27/2023. Signed by Judge Robert C. Chambers on 9/20/2023. (cc: counsel of record; any unrepresented parties) (skm)

STATEMENT OF VISITING ATTORNEY from Julie Selesnick on behalf of Lauren Spurlock. Local counsel: L. Dante diTrapano. Fee $50.00. Receipt # AWVSDC-8506872. (DiTrapano, L.) (Modified on 9/29/2023 to replace image) (mkw).

Notice Of Docket Correction

NOTICE OF DOCKET CORRECTION re: 10 STATEMENT OF VISITING ATTORNEY. Error: The image was not flattened. Correction: Replaced unflattened image with flattened image. (mkw)

STATEMENT OF VISITING ATTORNEY from Anna Haac on behalf of Lauren Spurlock, Heather Smith and Shawn Zmudzinski. Local counsel: L. Dante diTrapano. Fee $50.00. Receipt # AWVSDC-8524451. (DiTrapano, L.) (Modified on 10/27/2023 to add the name of the visiting attorney and to add party filers) (mkw).

STATEMENT OF VISITING ATTORNEY from Gemma Seidita on behalf of Lauren Spurlock, Heather Smith and Shawn Zmudzinski. Local counsel: L. Dante diTrapano. Fee $50.00. Receipt # AWVSDC-8524485. (DiTrapano, L.) (Modified on 10/27/2023 to add the name of the visiting attorney and to add party filers)

STATEMENT OF VISITING ATTORNEY from Lauren Kuhlik on behalf of Lauren Spurlock, Heather Smith, Shawn Zmudzinski . Local counsel: L. Dante diTrapano. Fee $50.00. Receipt # AWVSDC-8524507. (DiTrapano, L.) (Modified on 10/27/2023 to add party filers)

RULE 26(f) REPORT OF PLANNING MEETING by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Heath Sources, Incorporated. (DiTrapano, L.) (Modified on 10/31/2023 to add party filers) (mkw).

SCHEDULING ORDER: Motions for Plaintiffs to join other parties or to amend the pleadings shall be filed by 3/1/2024. Motions for Defendant to join other parties or to amend the pleadings shall be filed by 4/1/2024. Discovery requests to be completed by 12/30/2024, or 130 days after class certification, and all depositions by 2/11/2025, or 175 days after class certification. The parties shall conduct mediation by 4/17/2024, and report the outcome to the Court no later than two business days after the conclusion of mediation. A motion seeking class certification shall be filed by 6/26/2024; opposition to the motion for class certification shall be filed by 7/24/2024; and any reply to the motion for class certification shall be filed by 8/21/2024; scheduling a hearing on the motion for class certification for 9/3/2024 at 10:00 a.m., if necessary. Expert Witness List by parties bearing the burden of proof due by 10/21/2024, or 60 days after class certification, by party not bearing burden of proof due by 11/18/2024, or 90 days after class certification, and to solely contradict or rebut evidence due by 12/16/2024, or 120 days after class certification. Dispositive Motions except those filed under Rule 12(b) due by 2/25/2025; any responses shall be filed by 3/25/2025, with replies due by 4/25/2025. Settlement Meeting and Rule 26(a)(3) disclosures by 5/9/2025. Plaintiffs' portion of proposed Pretrial Order to defendants due by 5/22/2025. Proposed Integrated Pretrial Order due by 5/29/2025. Pretrial Conference set for 6/9/2025 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 6/16/2025. Final Settlement Conference at 9:30 AM on 6/23/2025 in Huntington. Trial set for 6/24/2025 at 8:30 AM in Huntington before Judge Robert C. Chambers; accepting and adopting the Parties' proposed answers to paragraphs 4(a), 4(b)(i), 4(b)(ii), 4(b)(iv), and 4(g) of the Report of Parties' Planning Meeting; further canceling the scheduling conference set for 11/13/2023. Signed by Judge Robert C. Chambers on 11/2/2023. (cc: counsel of record; any unrepresented parties) (jsa)

NOTICE OF APPEARANCE by Justin C. Taylor on behalf of Wexford Health Sources, Incorporated. (Taylor, Justin)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for First Set of Interrogatories and Requests For Production of Documents To Plaintiff Shawn Zmudzinski. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for First Set of Interrogatories and Requests For Production of Documents to Plaintiff Heather Smith. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for First Set of Interrogatories and Requests For Production of Documents to Plaintiff Lauren Spurlock. (Herrick, Jordan)

PROPOSED ORDER Protective Order by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated. (Forbes, W.) (Modified on 11/16/2023 to add party filer) (mkw).

PROPOSED ORDER Agreed Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(d) by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated. (Forbes, W.) (Modified on 11/16/2023 to add party filer) (mkw).

PROPOSED ORDER Order Setting Deposition Protocol by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated. (Forbes, W.) (Modified on 11/16/2023 to add party filer) (mkw).

PROPOSED ORDER Agreed Order Regarding the Search for and Production of Documents (ESI Protocol) by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated. (Forbes, W.) (Modified on 11/16/2023 to add party filer) (mkw).

PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 11/16/2023. (cc: counsel of record and any unrepresented party) (mkw)

AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d); directing that the procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 11/16/2023. (cc: counsel of record and any unrepresented party) (mkw)

ORDER SETTING DEPOSITION PROTOCOL directing that the protocol herein shall be followed with all depositions conducted herein. Signed by Magistrate Judge Cheryl A. Eifert on 11/16/2023. (cc: counsel of record) (mkw)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jennifer N. Taylor on behalf of Heather Smith, Lauren Spurlock, Shawn Zmudzinski. (Forbes, W.) (Modified on 11/17/2023 to correct the name of the attorney to be added) (mkw).

PROPOSED ORDER Agreed Order Regarding the Search for and Production of Documents (ESI Protocol) by Heather Smith, Lauren Spurlock, Shawn Zmudzinski. (Forbes, W.)

AGREED ORDER REGARDING THE SEARCH FOR AND PRODUCTION OF DOCUMENTS (ESI PROTOCOL) directing that the parties in this matter shall adhere to the ESI Protocol described herein. Signed by Magistrate Judge Cheryl A. Eifert on 11/20/2023. (cc: counsel of record; any unrepresented party) (jsa)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Rule 26(a)(1) Initial Disclosures. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Heather Smith, Lauren Spurlock, Shawn Zmudzinski for Rule 26(a)(1) Initial Disclosures. (Forbes, W.)

CERTIFICATE OF SERVICE by Heather Smith, Lauren Spurlock, Shawn Zmudzinski for Plaintiff's First Set of Interrogatories. (Forbes, W.)

CERTIFICATE OF SERVICE by Heather Smith, Lauren Spurlock, Shawn Zmudzinski for Plaintiff's First Set of Requests for Production. (Forbes, W.)

STIPULATION REGARDING DEADLINE FOR PLAINTIFFS TO SERVE RESPONSES TO CERTAIN DISCOVERY by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree that the deadline for Plaintiffs to serve responses to Defendant's First Set of Interrogatories and Request for Production of Documents to Plaintiffs Lauren Spurlock, Heather Smith, and Shawn Zmudzinski shall be extended to January 9, 2024. (DiTrapano, L.) (Modified on 12/13/2023 to add party filers) (mkw).

CORRECTED STIPULATION REGARDING DEADLINE FOR PLAINTIFFS TO SERVE RESPONSES TO CERTAIN DISCOVERY by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree that the deadline for Plaintiffs to serve responses to Defendant's First Set of Interrogatories, Requests for Production of Documents and Requests for Admission to Plaintiffs Lauren Spurlock, Heather Smith, and Shawn Zmudzinski shall be extended to January 9, 2024. (DiTrapano, L.) (Modified on 12/13/2023 to add party filers) (mkw).

STIPULATION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree that the Defendant shall be granted an extension to file a response to Plaintiff's First Set of Interrogatories and Request for Production of Documents until February 9, 2023. (Herrick, Jordan) (Modified on 1/3/2024 to add party filers) (mkw).

STIPULATION (corrected) by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree that the Defendant shall be granted an extension to file a response to Plaintiff's First Set of Interrogatories and Request for Production of Documents until February 9, 2024. (Herrick, Jordan) (Modified on 1/3/2024 to add party filers) (mkw).

NOTICE TO TAKE RULE 30(b)(6) DEPOSITION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski of Wexford Health Sources, Incoporated on January 19, 2024 at 11:00 a.m. (Forbes, W.)

STIPULATION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree pursuant to L.R. Civ. P. 16.1(f) that the deadline for Plaintiffs to serve responses to Defendant's First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Plaintiffs Lauren Spurlock, Heather Smith, and to Shawn Zmudzinski shall be extended to February 9, 2024. (Forbes, W.) (Modified on 1/8/2024 to add party filer) (mkw).

PROPOSED ORDER Stipulated HIPAA Qualified Protective Order Regarding Production of Protected Health Information by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated. (Forbes, W.) (Modified on 1/9/2024 to add party filer) (mkw).

JOINT MOTION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated for Entry of Stipulated HIPAA Qualified Protective Order Regarding Production of Protected Health Information. (Attachment: # 1 Exhibit 1)(Herrick, Jordan) (Modified on 1/26/2024 to add party filers) (mkw).

Motions Referred

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 41 JOINT MOTION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated for Entry of Stipulated HIPAA Qualified Protective Order Regarding Production of Protected Health Information. (mkw)

NOTICE of Non-Parties Who May Be At Fault Pursuant to West Virginia Code § 55-7-13d by Wexford Health Sources, Incorporated. (Herrick, Jordan)

STIPULATED HIPAA QUALIFIED PROTECTIVE ORDER REGARDING PRODUCTION OF PROTECTED HEALTH INFORMATION setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 1/31/2024. (cc: counsel of record; any unrepresented party) (jsa)

NOTICE OF WITHDRAWAL OF LAUREN A. KUHLIK by Lauren Spurlock, Heather Smith, Shawn Zmudzinski. (DiTrapano, L.) (Modified on 2/2/2024 to add party filers) (mkw).

STIPULATION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree that all parties are granted an extension to file responses to outstanding discovery requests until March 1, 2024, with the parties also agreeing that they will begin a rolling production of documents the week of February 12, 2024, with additional document produced as they come in. (Herrick, Jordan) (Modified on 2/9/2024 to add party filers) (mkw).

JOINT MOTION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated to Amend the Court's 15 Scheduling Order. (Herrick, Jordan) (Modified on 2/9/2024 to add party filers) (mkw).

AMENDED SCHEDULING ORDER granting the Parties' 46 JOINT MOTION to Amend the Court's 15 Scheduling Order and directing as follows: Motions for Plaintiffs to join other parties or to amend the pleadings shall be filed by 6/28/2024. Motions for Defendant to join other parties or to amend the pleadings shall be filed by 6/29/2024. Discovery requests to be completed by 4/28/2025, or 130 days after class certification, and all depositions by 5/28/2025, or 175 days after class certification. The parties shall conduct mediation by 8/1/2024, and report the outcome to the Court no later than two business days after the conclusion of mediation. A motion seeking class certification shall be filed by 10/11/2024; opposition to the motion for class certification shall be filed by 11/11/2024; and any reply to the motion for class certification shall be filed by 12/13/2024; scheduling a hearing on the motion for class certification for 1/13/2025 at 11:00 a.m., if necessary. Expert Witness List by parties bearing the burden of proof due by 2/7/2025, or 60 days after class certification, by party not bearing burden of proof due by 3/7/2025, or 90 days after class certification, and to solely contradict or rebut evidence due by 4/8/2025, or 120 days after class certification. Dispositive Motions except those filed under Rule 12(b) due by 6/25/2025; any response shall be filed by 7/25/2025, with replies due by 8/25/2025. Settlement Meeting and Rule 26(a)(3) disclosures by 9/9/2025. Plaintiffs' portion of proposed Pretrial Order to defendant due by 9/22/2025. Proposed Integrated Pretrial Order due by 9/29/2025. Pretrial Conference set for 10/14/2025 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 10/21/2025. Final Settlement Conference at 9:30 AM on 10/27/2025 in Huntington. Trial set for 10/28/2025 at 8:30 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 2/13/2024. (cc: counsel of record; any unrepresented parties) (skm)

STATEMENT OF VISITING ATTORNEY from Natalie Lesser on behalf of Lauren Spurlock, Heather Smith, Shawn Zmudzinski. Local counsel: Louis Dante DiTrapano. Fee $50.00. Receipt # AWVSDC-8593742. (DiTrapano, L.) (Modified on 2/15/2024 to add party filers) (mkw).

STIPULATION The parties stipulate and agree that all parties are granted an extension to file responses to outstanding discovery requests until 3/15/2024, with the parties also agreeing they will continue to produce document on a rolling basis by Wexford Health Sources, Incorporated, Lauren Spurlock, Heather Smith, Shawn Zmudzinski (Herrick, Jordan) (Modified on 2/29/2024 to add party filers) (mk).

STIPULATION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree that the parties will exchange formal written responses to Requests for Production of Documents on Monday, March 18, 2024; Wexford will produce ESI waiting for client review by Wednesday, March 20, 2024; and, the parties will exchange written responses to Interrogatories and Requests for Admission on Friday, March 22, 2024. (Herrick, Jordan) (Modified on 3/15/2024 to add party filers) (mkw).

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Responses to Plaintiffs First Set of Requests for Production. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Heather Smith for Plaintiff Heather Smith's Responses and Objections to Defendant Wexford Health Sources, Inc.'s First Set of Requests for Production of Documents. (Carriger, David)

CERTIFICATE OF SERVICE by Lauren Spurlock for Plaintiff Lauren Spurlock's Responses and Objections to Defendant Wexford Health Sources, Inc.'s First Set of Requests for Production of Documents. (Carriger, David)

CERTIFICATE OF SERVICE by Shawn Zmudzinski for Plaintiff Shawn Zmudzinski's Responses and Objections to Defendant Wexford Health Sources, Inc.'s First Set of Requests for Production of Documents. (Carriger, David)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for First Supplemental Responses to Plaintiffs' First Set of Requests for Production. (Herrick, Jordan)

STIPULATION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree that Wexford will respond to Interrogatories on Friday, March 29, 2024; and, Plaintiff will respond to Interrogatories and Requests for Admission on Friday, March 29, 2024. (Herrick, Jordan) (Modified on 3/20/2024 to add party fielrs) (mkw).

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Second Supplemental Responses to Plaintiff's First Set of Requests for Production. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Answers to Plaintiffs' First Set of Interrogatories. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Lauren Spurlock, for Plaintiff Lauren Spurlock's Responses and Objections to Defendant Wexford Health Sources, Inc.'s First Set of Interrogatories and Requests for Admission. (Forbes, W.) Modified on 3/29/2024 to correct party filer (jsa).

CERTIFICATE OF SERVICE by Heather Smith for Plaintiff Heather Smith's Responses and Objections to Defendant Wexford Health Sources, Inc.'s First Set of Interrogatories and Requests for Admission. (Forbes, W.) Modified on 3/29/2024 to correct party filer (jsa).

CERTIFICATE OF SERVICE by Shawn Zmudzinski for Plaintiff Shawn Zmudzinski's Responses and Objections to Defendant Wexford Health Sources, Inc.'s First Set of Interrogatories and Requests for Admission. (Forbes, W.) Modified on 3/29/2024 to correct party filer (jsa).

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Defendant Wexford Health Sources, Inc.'s Answers to Plaintiffs' First Set of Interrogatories. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Defendant Wexford Health Sources, Inc.'s Third Supplemental Responses to Plaintiffs' First Set of Requests for Production. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for First Supplemental Answers to Plaintiff's First Set of Interrogatories. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Fourth Supplemental Responses to Plaintiff's First Set of Requests for Production. (Herrick, Jordan)

STIPULATION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree to extend the deadline in which to file Motions to Compel regarding discovery disputes relating to each party's interrogatories and requests for productions, and Defendant's requests for admission to May 11, 2024. (Carriger, David) (Modified on 4/11/2024 to add party filer) (mkw).

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Fifth Supplemental Responses to Plaintiffs' First Set of Requests for Production. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Second Supplemental Answers to Plaintiffs' First Set of Interrogatories. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Third Supplemental Answers to Plaintiffs First Set of Interrogatories. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Fourth Supplemental Answers to Plaintiff's First Set of Interrogatories. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Fifth Supplemental Answers to Plaintiffs' First Set of Interrogatories. (Herrick, Jordan)

STIPULATION TO EXTEND MOTION TO COMPEL DEADLINE by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree to extend to June 26, 2024 the deadline by which to file Motions to Compel pursuant to Rule 37.1(c) of the United States District Court for The Southern District of West Virginia Local Rules of Civil Procedure regarding discovery disputes relating to each party's interrogatories and requests for productions, and Defendants requests for admission and JOINT MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated to Extend Scheduling Order Deadlines, re: the Court's 47 Amended Scheduling Order. (Carriger, David) (Modified on 5/7/2024 to add party filer and to convert event to a motion and add link to the #47 amended scheduling order) (mkw).

ORDER granting the parties' 72 Stipulation to Extend Motion to Compel Deadline and Joint Motion to Extend Scheduling Order Deadlines; extending Plaintiffs' deadline to amend pleadings and join additional parties from June 28, 2024, to October 1, 2024, and Defendant's deadline to amend pleadings and join additional parties from July 29, 2024, to November 1, 2024. Signed by Judge Robert C. Chambers on 5/8/2024. (cc: counsel of record and any unrepresented parties) (mkw)

NOTICE of Mediation by Heather Smith, Lauren Spurlock, Shawn Zmudzinski. (Carriger, David)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Sixth Supplemental Answers to Plaintiff's First Set of Interrogatories. (Herrick, Jordan)

STIPULATION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree to extend the deadline in which to file Motions to Compel regarding discovery disputes to September 18, 2024. (Carriger, David) (Modified on 6/24/2024 to add party filer) (mkw).

CERTIFICATE OF SERVICE by Heather Smith, Lauren Spurlock, Shawn Zmudzinski for Plaintiff's Second Set of Requests for Production to Defendant Wexford Health Sources, Incorporated. (Carriger, David)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Response to Plaintiffs' Second Set of Requests for Production. (Herrick, Jordan)

REPORT OF MEDIATION by S. Douglas Adkins. (jsa)

CLERK'S ORDER. Due to the retirement of Magistrate Judge Cheryl A. Eifert, the above-styled civil action is referred to Magistrate Judge Joseph K. Reeder for discovery disputes. Signed by Clerk of Court Rory L. Perry II on 9/3/2024. (cc: counsel of record; any unrepresented party) (klc)

STATEMENT OF VISITING ATTORNEY from Michael J. Bentley on behalf of Wexford Health Sources, Incorporated. Local counsel: Jordan K. Herrick. Fee $50.00. Receipt # AWVSDC-8734323. (Herrick, Jordan)

JOINT MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated to Amend the Court's 47 Amended Scheduling Order and 73 Order and Stipulation by said parties to Extend Motion to Compel Deadline. (Herrick, Jordan) (Modified on 9/18/2024 to add party filers) (mkw).

THIRD AMENDED SCHEDULING ORDER granting the parties' 82 JOINT MOTION to Amend the Court's 47 Amended Scheduling Order and 73 Order on the parties' 72 STIPULATION to Extend Motion to Compel Deadline and directing as follows: Motions for Plaintiffs to join other parties or to amend the pleadings shall be filed by 11/11/2024. Motions for Defendant to join other parties or to amend the pleadings shall be filed by 12/9/2024. The parties shall complete all depositions by 7/21/2025, or 160 days after class certification. The last date to complete depositions shall be the "discovery completion date" by which all discovery, including disclosures required by Fed. R. Civ. P. 26(a)(1) and (2), but not disclosures required by Fed. R. Civ. P. 26(a)(3), should be completed. A motion seeking class certification shall be filed by 12/16/2024; opposition to the motion for class certification shall be filed by 2/10/2025; and any reply to the motion for class certification shall be filed by 3/24/2025. The Court SCHEDULES a hearing on the motion for class certification for 4/7/2025 at 11:00 AM in Huntington before Judge Robert C. Chambers, if necessary. Expert Witness List by parties bearing the burden of proof due by 5/19/2025, or 60 days after class certification, by party not bearing burden of proof due by 6/16/2025, or 90 days after class certification, and to solely contradict or rebut evidence due by 7/14/2025, or 120 days after class certification. Dispositive Motions except those filed under Rule 12(b) due by 7/21/2025; any response shall be filed by 8/21/2025, with replies due by 9/5/2025. Settlement Meeting and Rule 26(a)(3) disclosures by 9/19/2025. Counsel for the plaintiffs shall prepare their portion of the pretrial order and submit it to counsel for the defendant by 9/23/2025. The Court recognizes the parties stipulation to extend to 10/9/2024 the deadline by which to file Motions to Compel. Signed by Judge Robert C. Chambers on 9/18/2024. (cc: counsel of record; any unrepresented parties) (skm)

CERTIFICATE OF SERVICE by Heather Smith, Lauren Spurlock, Shawn Zmudzinski for Plaintiffs' Notice of Rule 30(b)(6) Deposition of Wexford Health Services, Inc. (Carriger, David)

MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Strike Confidentiality Designations of Documents or, in the Alternative, MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to File Provisionally Under Seal. (Attachments: # 1 Exhibit - Motion to Compel, # 2 Exhibit 6 to Motion to Compel, # 3 Exhibit 7 to Motion to Compel, # 4 Exhibit 9 to Motion to Compel, # 5 Exhibit 11 to Motion to Compel)(Carriger, David). (Added Motion to Strike on 10/10/2024) (mkw).

MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Compel Interrogatory Responses and Production of Documents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 Provisionally Sealed, # 7 Exhibit 7 Provisionally Sealed, # 8 Exhibit 8, # 9 Exhibit 9 Provisionally Sealed, # 10 Exhibit 10, # 11 Exhibit 11 Provisionally Sealed, # 12 Exhibit 12)(Carriger, David)

MOTIONS REFERRED to Magistrate Judge Joseph K. Reeder: 85 MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Strike Confidentiality Designations of Documents or, in the Alternative, MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to File Provisionally Under Seal and 86 MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Compel Interrogatory Responses and Production of Documents. (mkw)

Motions Referred

STIPULATION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree to extend the deadline to respond to Plaintiffs' Motion to Compel Interrogatory Responses and Production of Documents and Motion to Strike Confidentiality Designations of Documents, or in the Alternative File Provisionally Under Seal to October 30, 2024 with replies due by November 15, 2024. (Herrick, Jordan) (Modified on 10/23/2024 to add party filers) (mkw).

JOINT MOTION by Lauren Spurlock, Heather Smith, Shawn Zmudzinski, Wexford Health Sources, Incorporated to Amend the Court's 83 Scheduling Order. (Herrick, Jordan) (Modified on 10/24/2024 to add party filers) (mkw).

FOURTH AMENDED SCHEDULING ORDER granting the parties' 88 JOINT MOTION to Amend the Court's 83 Scheduling Order and directing as follows: Motions for Plaintiffs to join other parties or to amend the pleadings shall be filed by 12/11/2024. Motions for Defendant to join other parties or to amend the pleadings shall be filed by 1/10/2025. A motion seeking class certification shall be filed by 1/16/2025; opposition to the motion for class certification shall be filed by 2/21/2025; and any reply to the motion for class certification shall be filed by 3/27/2025. Signed by Judge Robert C. Chambers on 10/25/2024. (cc: counsel of record; any unrepresented parties) (skm)

RESPONSE by Wexford Health Sources, Incorporated in opposition to 85 MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Strike Confidentiality Designations of Documents or, in the Alternative, MOTION to File Provisionally Under Seal (Attachments: # 1 Exhibit A)(Herrick, Jordan)

RESPONSE by Wexford Health Sources, Incorporated in opposition to 86 MOTION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Compel Interrogatory Responses and Production of Documents (Attachments: # 1 Exhibit Ex. A Declaration of Jordan Herrick, # 2 Exhibit Ex. B Wexfords privilege log, # 3 Exhibit Ex. C email bates no. WEX00050599)(Herrick, Jordan)

REPLY (redacted) by Lauren Spurlock, Heather Smith, Shawn Zmudzinski to 91 Response In Opposition. (Carriger, David) (Modified on 11/18/2024 to correct link) (kew).