1
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NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2446655 filed by Lillian Bernier. (Attachments: # 1 Civil Cover Sheet)(Erchull, Chris) (Entered: 11/21/2023)
1 Civil Cover Sheet
View on PACER
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Nov. 21, 2023
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Nov. 21, 2023
Clearinghouse
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2
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MOTION for Bennett H. Klein to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2446754.) filed by Lillian Bernier.Follow up on Objection on 12/5/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Affidavit of Bennett H. Klein)(Erchull, Chris) (Entered: 11/21/2023)
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Nov. 21, 2023
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Nov. 21, 2023
PACER
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|
Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-523-LM-AJ. Please show this number with the judge designation on all future pleadings. (mc)
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Nov. 21, 2023
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Nov. 21, 2023
PACER
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Notice - ECF
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Nov. 28, 2023
|
Nov. 28, 2023
PACER
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Case Assigned
|
Nov. 28, 2023
|
Nov. 28, 2023
PACER
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)
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Nov. 28, 2023
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Nov. 28, 2023
PACER
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3
|
NOTICE of Attorney Appearance by Kathleen M. Mahan on behalf of Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. Attorney Kathleen M. Mahan added to party Harvard Pilgrim Healthcare of New England, Inc.(pty:dft), Attorney Kathleen M. Mahan added to party Health Plans, Inc.(pty:dft).(Mahan, Kathleen) (Entered: 12/04/2023)
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Dec. 4, 2023
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Dec. 4, 2023
PACER
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Order on Motion to Appear Pro Hac Vice
|
Dec. 4, 2023
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Dec. 4, 2023
PACER
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4
|
Assented to MOTION for Michelle R. Peirce to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2450004.) filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Michelle R. Peirce)(Mahan, Kathleen) (Entered: 12/04/2023)
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Dec. 4, 2023
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Dec. 4, 2023
PACER
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ENDORSED ORDER granting 2 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(mc)
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Dec. 4, 2023
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Dec. 4, 2023
PACER
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5
|
Assented to MOTION for Lisa A. Zaccardelli to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2450203.) filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Lisa A. Zaccardelli)(Mahan, Kathleen) (Entered: 12/04/2023)
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Dec. 4, 2023
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Dec. 4, 2023
PACER
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6
|
WAIVER OF SERVICE Returned Executed as to Turbocam, Inc. by Lillian Bernier. Served/Mailed on 11/21/2023. Answer Follow Up on 1/23/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/04/2023)
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Dec. 4, 2023
|
Dec. 4, 2023
PACER
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7
|
WAIVER OF SERVICE Returned Executed as to Health Plans, Inc. by Lillian Bernier. Served/Mailed on 11/21/2023. Answer Follow Up on 1/23/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/04/2023)
|
Dec. 4, 2023
|
Dec. 4, 2023
PACER
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8
|
WAIVER OF SERVICE Returned Executed as to Harvard Pilgrim Healthcare of New England, Inc. by Lillian Bernier. Served/Mailed on 11/21/2023. Answer Follow Up on 1/23/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/04/2023)
|
Dec. 4, 2023
|
Dec. 4, 2023
PACER
|
|
Order on Motion to Appear Pro Hac Vice
|
Dec. 5, 2023
|
Dec. 5, 2023
PACER
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ENDORSED ORDER granting 4 Assented to Motion for Michelle R. Peirce to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
|
Dec. 5, 2023
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Dec. 5, 2023
PACER
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9
|
WAIVER OF SERVICE Returned Executed as to Turbocam, Inc. by Lillian Bernier. Served/Mailed on 11/28/2023. Answer Follow Up on 1/30/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/05/2023)
|
Dec. 5, 2023
|
Dec. 5, 2023
PACER
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10
|
WAIVER OF SERVICE Returned Executed as to Health Plans, Inc. by Lillian Bernier. Served/Mailed on 11/28/2023. Answer Follow Up on 1/30/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/05/2023)
|
Dec. 5, 2023
|
Dec. 5, 2023
PACER
|
11
|
WAIVER OF SERVICE Returned Executed as to Harvard Pilgrim Healthcare of New England, Inc. by Lillian Bernier. Served/Mailed on 11/28/2023. Answer Follow Up on 1/30/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Erchull, Chris) (Entered: 12/05/2023)
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Dec. 5, 2023
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Dec. 5, 2023
PACER
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12
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NOTICE of Attorney Appearance by Bennett H. Klein on behalf of Lillian Bernier Attorney Bennett H. Klein added to party Lillian Bernier(pty:pla).(Klein, Bennett) (Entered: 12/06/2023)
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Dec. 6, 2023
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Dec. 6, 2023
PACER
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Order on Motion to Appear Pro Hac Vice
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Dec. 13, 2023
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Dec. 13, 2023
PACER
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ENDORSED ORDER denying without prejudice 5 Motion for Lisa A. Zaccardelli to Appear Pro Hac Vice. Text of Order: Denied without prejudice to refiling the motion with an affidavit containing the year of admission for each court to which the attorney has been admitted to practice as required by LR 83.2(b)(1)(B). So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
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Dec. 13, 2023
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Dec. 13, 2023
PACER
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13
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NOTICE of Attorney Appearance by Michelle R. Peirce on behalf of Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. Attorney Michelle R. Peirce added to party Harvard Pilgrim Healthcare of New England, Inc.(pty:dft), Attorney Michelle R. Peirce added to party Health Plans, Inc.(pty:dft).(Peirce, Michelle) (Entered: 12/13/2023)
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Dec. 13, 2023
|
Dec. 13, 2023
PACER
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14
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Amended Assented to MOTION for Lisa A. Zaccardelli to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2454383.) filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Attachments: # 1 Exhibit (Affidavit) A - Affidavit of Lisa A. Zaccardelli)(Mahan, Kathleen) (Entered: 12/14/2023)
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Dec. 14, 2023
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Dec. 14, 2023
PACER
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15
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Disclosure Statement by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Mahan, Kathleen) (Entered: 12/20/2023)
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Dec. 20, 2023
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Dec. 20, 2023
PACER
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Order on Motion to Appear Pro Hac Vice
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Dec. 26, 2023
|
Dec. 26, 2023
PACER
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ENDORSED ORDER granting 14 Amended Assented to Motion for Lisa A. Zaccardelli to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
|
Dec. 26, 2023
|
Dec. 26, 2023
PACER
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16
|
NOTICE of Attorney Appearance by Lisa Zaccardelli on behalf of Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. Attorney Lisa Zaccardelli added to party Harvard Pilgrim Healthcare of New England, Inc.(pty:dft), Attorney Lisa Zaccardelli added to party Health Plans, Inc.(pty:dft).(Zaccardelli, Lisa) (Entered: 12/27/2023)
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Dec. 27, 2023
|
Dec. 27, 2023
PACER
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17
|
Assented to MOTION to Extend Time to Answer to February 29, 2024 filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 01/03/2024)
|
Jan. 3, 2024
|
Jan. 3, 2024
PACER
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Order on Motion to Extend Time to Answer
|
Jan. 9, 2024
|
Jan. 9, 2024
PACER
|
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ENDORSED ORDER granting 17 Assented to MOTION to Extend Time to Answer to February 29, 2024 .. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by US Magistrate Judge Andrea K Johnstone. (vln)
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Jan. 9, 2024
|
Jan. 9, 2024
PACER
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18
|
NOTICE of Attorney Appearance by Bethany P. Minich on behalf of Turbocam, Inc. Attorney Bethany P. Minich added to party Turbocam, Inc.(pty:dft).(Minich, Bethany) (Entered: 01/11/2024)
|
Jan. 11, 2024
|
Jan. 11, 2024
PACER
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19
|
Assented to MOTION to Extend Time to file a responsive pleading filed by Turbocam, Inc..(Minich, Bethany) (Entered: 01/11/2024)
|
Jan. 11, 2024
|
Jan. 11, 2024
PACER
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Order on Motion to Extend Time
|
Jan. 18, 2024
|
Jan. 18, 2024
PACER
|
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ENDORSED ORDER granting 19 Assented to Motion to Extend Time. Text of Order: Motion to Extend Time to File Responsive Pleading is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by US Magistrate Judge Andrea K Johnstone. Answer Follow Up on 2/29/2024.(de)
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Jan. 18, 2024
|
Jan. 18, 2024
PACER
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20
|
ANSWER to 1 Complaint - New Case with jury demand filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 02/29/2024)
|
Feb. 29, 2024
|
Feb. 29, 2024
RECAP
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21
|
MOTION to Dismiss for Failure to State a Claim filed by Turbocam, Inc..Follow up on Objection on 3/14/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1 - Affidavit)(Minich, Bethany) (Entered: 02/29/2024)
1 Memorandum of Law
View on RECAP
2 Exhibit 1 - Affidavit
View on PACER
|
Feb. 29, 2024
|
Feb. 29, 2024
Clearinghouse
|
|
Pretrial Conference
|
March 1, 2024
|
March 1, 2024
PACER
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|
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 4/9/2024 10:00 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 4/2/2024. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)
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March 1, 2024
|
March 1, 2024
PACER
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22
|
Assented to MOTION to Extend Time to Object/Respond to 4/5/2024 filed by Lillian Bernier.(Erchull, Chris) (Entered: 03/07/2024)
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March 7, 2024
|
March 7, 2024
PACER
|
|
Order on Motion to Extend Time to Object/Respond
|
March 12, 2024
|
March 12, 2024
PACER
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ENDORSED ORDER granting 22 Assented to Motion to Extend Time to Object/Respond re 21 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 4/5/2024. (de)
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March 12, 2024
|
March 12, 2024
PACER
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23
|
Assented to MOTION for Roger Byron to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2489484.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit A - Affidavit)(Minich, Bethany) (Entered: 03/18/2024)
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March 18, 2024
|
March 18, 2024
PACER
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Order on Motion to Appear Pro Hac Vice
|
March 20, 2024
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March 20, 2024
PACER
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ENDORSED ORDER granting 23 Assented to Motion for Roger Byron to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
|
March 20, 2024
|
March 20, 2024
PACER
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24
|
NOTICE of Attorney Appearance by Roger Byron on behalf of Turbocam, Inc. Attorney Roger Byron added to party Turbocam, Inc.(pty:dft).(Byron, Roger) (Entered: 03/21/2024)
|
March 21, 2024
|
March 21, 2024
PACER
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25
|
Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mahan, Kathleen) (Entered: 03/22/2024)
|
March 22, 2024
|
March 22, 2024
Clearinghouse
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25
|
Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mahan, Kathleen) (Entered: 03/22/2024)
|
March 22, 2024
|
March 22, 2024
Clearinghouse
|
25
|
Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Mahan, Kathleen) (Entered: 03/22/2024)
|
March 22, 2024
|
March 22, 2024
Clearinghouse
|
26
|
Joint Assented to MOTION to Extend Time to File Discovery Plan filed by Lillian Bernier.(Erchull, Chris) (Entered: 03/26/2024)
|
March 26, 2024
|
March 26, 2024
PACER
|
|
Terminate Deadlines PUBLIC
|
March 29, 2024
|
March 29, 2024
PACER
|
|
Order on Motion to Extend Time
|
March 29, 2024
|
March 29, 2024
PACER
|
|
ENDORSED ORDER granting 26 Joint Assented to Motion to Extend Time to File Discovery Plan. Text of Order: Granted. For reasons stated in the motion (Doc. No. 26) and given the procedural posture of the case, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). The April 9, 2024 preliminary pretrial conference is continued and will be rescheduled after resolution of the pending motion to stay and/or motion to dismiss. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
|
March 29, 2024
|
March 29, 2024
PACER
|
27
|
OBJECTION to 25 Partially Assented to MOTION to Stay filed by Lillian Bernier. Follow up on Reply on 4/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Klein, Bennett) (Entered: 03/29/2024)
|
March 29, 2024
|
March 29, 2024
PACER
|
|
Hearing terminated: Pretrial Conference 04/09/2024 continued/canceled. (de)
|
March 29, 2024
|
March 29, 2024
PACER
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28
|
MOTION for Leave to File Reply filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..Follow up on Objection on 4/17/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit A - Reply)(Mahan, Kathleen) (Entered: 04/03/2024)
|
April 3, 2024
|
April 3, 2024
PACER
|
|
Cure Notice - Action Requested
|
April 4, 2024
|
April 4, 2024
PACER
|
|
ACTION REQUIRED - NOTICE Nonconforming Document re 28 MOTION for Leave to File Reply filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc. The document fails to comply with LR 7.1-No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document no. 28. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 4/8/2024.(de)
|
April 4, 2024
|
April 4, 2024
PACER
|
29
|
Addendum/ to 28 MOTION for Leave to File Reply by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Mahan, Kathleen) (Entered: 04/04/2024)
|
April 4, 2024
|
April 4, 2024
PACER
|
30
|
OBJECTION to 21 MOTION to Dismiss for Failure to State a Claim filed by Lillian Bernier. Follow up on Reply on 4/12/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Erchull, Chris) (Entered: 04/05/2024)
|
April 5, 2024
|
April 5, 2024
RECAP
|
|
Order on Motion for Leave to File
|
April 8, 2024
|
April 8, 2024
PACER
|
|
ENDORSED ORDER granting 28 Assented to Motion for Leave to File Reply. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
|
April 8, 2024
|
April 8, 2024
PACER
|
31
|
RESPONSE to Motion re 25 Partially Assented to MOTION to Stay filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc.. (Mahan, Kathleen) (Entered: 04/08/2024)
|
April 8, 2024
|
April 8, 2024
PACER
|
32
|
Assented to MOTION to Extend Time filed by Turbocam, Inc..(Minich, Bethany) (Entered: 04/09/2024)
|
April 9, 2024
|
April 9, 2024
PACER
|
|
Order on Motion to Extend Time
|
April 11, 2024
|
April 11, 2024
PACER
|
|
ENDORSED ORDER granting 32 Assented to Motion to Extend Time. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. Follow up on Reply on 4/22/2024. (de)
|
April 11, 2024
|
April 11, 2024
PACER
|
33
|
REPLY to Objection to Motion re 21 MOTION to Dismiss for Failure to State a Claim filed by Turbocam, Inc.. Surreply due by 4/29/2024. (Minich, Bethany) (Entered: 04/22/2024)
|
April 22, 2024
|
April 22, 2024
RECAP
|
|
Order on Motion to Stay
|
May 2, 2024
|
May 2, 2024
PACER
|
|
ENDORSED ORDER denying 25 Motion to Stay. Text of Order: Denied. Defendants Health Plans, Inc. and Harvard Pilgrim Health Care of New England, Inc. move to stay all Federal Rule of Civil Procedure 26(f) deadlines and obligations, pending resolution of the motion to dismiss (doc. no. 21). See doc. no. 25. Defendant Turbocam, Inc. assents to the motion. Plaintiff Lillian Bernier objects. The court has considered the parties' arguments on the motion and denies the requested stay. So Ordered by Chief Judge Landya B. McCafferty. (gla)
|
May 2, 2024
|
May 2, 2024
PACER
|
34
|
NOTICE of Supplemental Authority by Lillian Bernier. (Attachments: # 1 Exhibit 4th Circuit Kadel Decision)(Erchull, Chris) (Entered: 05/08/2024)
|
May 8, 2024
|
May 8, 2024
PACER
|
|
Pretrial Conference
|
May 9, 2024
|
May 9, 2024
PACER
|
|
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/11/2024 10:30 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 6/4/2024. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)
|
May 9, 2024
|
May 9, 2024
PACER
|
35
|
NOTICE of Supplemental Authority by Lillian Bernier. (Attachments: # 1 Exhibit 11th Circuit Lange Decision)(Erchull, Chris) (Entered: 05/14/2024)
|
May 14, 2024
|
May 14, 2024
PACER
|
36
|
Assented to MOTION to Extend Time to file Discovery Plan from June 4 to June 6 filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 05/30/2024)
|
May 30, 2024
|
May 30, 2024
RECAP
|
|
ENDORSED ORDER granting 36 Assented to Motion to Extend Time to file Discovery Plan from June 4 to June 6. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
|
May 31, 2024
|
May 31, 2024
PACER
|
|
Order on Motion to Dismiss for Failure to State a Claim
|
June 3, 2024
|
June 3, 2024
PACER
|
|
Order on Motion to Extend Time
|
June 3, 2024
|
June 3, 2024
PACER
|
|
ENDORSED ORDER denying 21 Motion to Dismiss for Failure to State a Claim. Text of Order: Turbocam's motion to dismiss (doc. no. 21 ) is denied for the reasons stated in Bernier's objection (doc. no. 30 ). In short, Turbocam's arguments on Counts I, II, and III (the state and federal sex and gender identity discrimination claims) ignore the holding of Bostock v. Clayton County, 590 U.S. 644 (2020) and cases relying on Bostock to hold--more specifically--that categorical exclusions of gender transition medical care violate Title VII. See, e.g., Lange v. Houston County, 608 F. Supp. 3d 1340, 1358-59 (M.D. Ga. 2022), aff'd, 101 F.4th 793 (11th Cir. 2024); Kadel v. Folwell, 620 F. Supp. 3d 339, 387 (M.D.N.C. 2022), affd, 100 F.4th 122 (4th Cir. 2024) (Title VII claim not appealed); Fletcher v. Alaska, 443 F. Supp. 3d 1024, 1030 (D. Alaska 2020); Boyden v. Conlin, 341 F. Supp. 3d 979, 996-97 (W.D. Wis. 2018). Turbocam's arguments with respect to Counts VI and V (the state and federal disability discrimination claims) also fall short of the mark. In short, Bernier alleges a physical impairment in her complaint. Moreover, the court finds persuasive the Fourth Circuits reasoning in Williams v. Kincaid, 45 F.4th 759, 772 (4th Cir. 2022) ("Our approach today acknowledges that courts typically lack sufficient expertise in physiology, etiology, psychiatry, and other potentially relevant disciplines to determine the cause or causes of gender dysphoria.... Especially at this early stage, to dismiss a case based on such unknowns would be wholly premature and speculative.... [The] complaint, as it stands, permits the plausible inference that her condition result[ed] from a physical impairment." (internal quotations and citations omitted)), cert. denied, 143 S. Ct. 2414 (2023); see also Doe v. Mass. Dept of Corr., No. 17-12255-RGS, 2018 WL 2994403, at *8 (D. Mass. June 14, 2018). The court notes that neither party argues--for purposes of this motion--that there are material differences between state and federal law on these claims. Therefore, the court denies the motion as to the state law discrimination claims for the same reasons as the federal claims. So Ordered by Chief Judge Landya B. McCafferty.(gla)
|
June 3, 2024
|
June 3, 2024
PACER
|
37
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Proposed Discovery Plan (Joint) filed by Lillian Bernier. (Erchull, Chris) (Entered: 06/06/2024)
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June 6, 2024
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June 6, 2024
PACER
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Pretrial Conference
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June 11, 2024
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June 11, 2024
PACER
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Minute Entry for proceedings held before US Magistrate Judge Andrea K Johnstone. PRETRIAL CONFERENCE held on 6/11/2024. Order to issue. (Pltfs Atty: Bennett Klein) (Defts Atty: Bethany Minich, Roger Byron, Michelle Peirce, Kathleen Mahan) (Tape #10:37)(Total Hearing Time: 52 min.) (kad)
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June 11, 2024
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June 11, 2024
PACER
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38
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ORDER approving in part 37 Discovery Plan. So Ordered by US Magistrate Judge Andrea K Johnstone. Summary Judgment Motions due by 4/21/2025. Joint Statement regarding the status of discovery due by 1/20/2025. Mediation Follow Up on 5/21/2025.(vln) (Entered: 06/12/2024)
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June 11, 2024
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June 11, 2024
PACER
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Trial Notice
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June 12, 2024
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June 12, 2024
PACER
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TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 8/19/2025 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 8/6/2025 10:00 AM before Chief Judge Landya B. McCafferty. Pretrial Statements due 7/16/2025. LR 16.2(d) Objections due 7/30/2025. (vln)
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June 12, 2024
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June 12, 2024
PACER
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39
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ANSWER to Complaint with jury demand filed by Turbocam, Inc..(Minich, Bethany) (Entered: 06/17/2024)
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June 17, 2024
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June 17, 2024
RECAP
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40
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Disclosure Statement by Turbocam, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Minich, Bethany) (Entered: 06/18/2024)
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June 18, 2024
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June 18, 2024
PACER
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41
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NOTICE of Attorney Appearance by Francis Raymond Genus, III on behalf of Turbocam, Inc. Attorney Francis Raymond Genus, III added to party Turbocam, Inc.(pty:dft).(Genus, Francis) (Entered: 07/11/2024)
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July 11, 2024
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July 11, 2024
PACER
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42
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MOTION to Intervene as Defendant Turbocam, Inc. filed by Turbocam, Inc..Follow up on Objection on 7/25/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit A-Proposed Amended Answer to Complaint, # 3 Exhibit B-Noronha declaration)(Genus, Francis) (Entered: 07/11/2024)
1 Memorandum of Law
View on RECAP
2 Exhibit A-Proposed Amended Answer to Complaint
View on PACER
3 Exhibit B-Noronha declaration
View on PACER
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July 11, 2024
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July 11, 2024
PACER
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43
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Assented to MOTION for Jonathan Berry to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2532623.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit (Affidavit) A-Affidavit of Jonathan Berry)(Genus, Francis) (Entered: 07/18/2024)
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July 18, 2024
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July 18, 2024
PACER
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44
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Assented to MOTION for James R. Conde to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2532634.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit (Affidavit) A-Affidavit of James R Conde)(Genus, Francis) (Entered: 07/18/2024)
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July 18, 2024
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July 18, 2024
PACER
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45
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Assented to MOTION for Andrew W. Smith to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2532638.) filed by Turbocam, Inc.. (Attachments: # 1 Exhibit (Affidavit) A-Affidavit of Andrew W Smith)(Genus, Francis) (Entered: 07/18/2024)
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July 18, 2024
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July 18, 2024
PACER
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46
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Assented to MOTION to Extend Time to Object/Respond to 42 MOTION to Intervene as Defendant Turbocam, Inc. to 8/15/2024 filed by Lillian Bernier.(Erchull, Chris) (Entered: 07/18/2024)
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July 18, 2024
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July 18, 2024
PACER
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47
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Joint Assented to MOTION to Extend Time to File ESI Supplemental Statement filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Peirce, Michelle) (Entered: 07/24/2024)
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July 24, 2024
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July 24, 2024
PACER
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Order on Motion to Extend Time to Object/Respond
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July 25, 2024
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July 25, 2024
PACER
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ENDORSED ORDER granting 46 Assented to Motion to Extend Time to Object/Respond 42 Motion to Intervene. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 8/15/2024. (de)
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July 25, 2024
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July 25, 2024
PACER
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48
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Joint Assented to MOTION to Extend Time to File ESI Supplemental Statement filed by Harvard Pilgrim Healthcare of New England, Inc., Health Plans, Inc..(Mahan, Kathleen) (Entered: 07/31/2024)
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July 31, 2024
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July 31, 2024
PACER
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Order on Motion to Extend Time AND Order on Motion to Extend Time
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Aug. 1, 2024
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Aug. 1, 2024
PACER
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ENDORSED ORDER granting 47 Joint Assented to Motion to Extend Time to File ESI Supplemental Statement; granting 48 Joint Assented to Motion to Extend Time to File ESI Supplemental Statement. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
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Aug. 1, 2024
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Aug. 1, 2024
PACER
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Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice
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Aug. 5, 2024
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Aug. 5, 2024
PACER
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ENDORSED ORDER granting 43 Motion for Jonathan Berry to Appear Pro Hac Vice; granting 44 Motion for James R. Conde to Appear Pro Hac Vice; granting 45 Motion for Andrew W. Smith to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(vln)
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Aug. 5, 2024
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Aug. 5, 2024
PACER
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