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GPO
Sep 26 2014
ORDER directing that Plaintiffs' Motion for Leave to File Amended Complaint (Doc. #23) is GRANTED, and Plaintiffs shall file the amended complaint attached as Exhibit A to Doc. #23 on or before October 3, 2014; further ORDERED that Defendant's Motion to Dismiss (Doc. #17) is DENIED with leave to refile following the filing of Plaintiffs' amended complaint. Signed by Chief Judge William Keith Watkins on 9/26/14. (scn, )
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GPO
Sep 02 2015
REPORT AND RECOMMENDATION: it is the RECOMMENDATION of the Magistrate Judge that the Dft's 26 motion to dismiss be GRANTED IN PART and DENIED IN PART; The state law claim for invasion of privacy by public disclosure of private facts is due to be dismissed; The motion to dismiss due to be denied as to the remaining federal and state law claims; Objections to R&R due by 9/16/2015. Signed by Honorable Judge Paul W. Greene on 9/2/2015. (wcl, )
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GPO
Sep 29 2015
ORDERED as follows: (1) The 39 Recommendation is ADOPTED; (2) Dft's 40 objections are OVERRULED; (3) Dft's 26 motion to dismiss is GRANTED in part and Plfs' state-law claim for invasion of privacy is DISMISSED; and (4) Dft's 26 motion to dismiss is otherwise DENIED. Signed by Chief Judge William Keith Watkins on 9/29/2015. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
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GPO
Mar 17 2017
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) The Named Plfs' 68 motion for class certification (Doc. # 68) is GRANTED; 2) The court CERTIFIES under FRCP 23(b)(3) a class, as further set out in order; 3) The court CERTIFIES under FRCP 23(b)(3) two subclasses, as further set out in order; 4) Plfs Julie McGee, Adam Parker, Sandra Hall, and Jack Whittle are APPROVED as class representatives; 5) Plf Bradley Smith is REJECTED as class representative because he is not typical of the class under FRCP 23(a)(3); 6) Pursuant to FRCP 23(g), the law firm of McCallum, Methvin & Terrell, P.C., is APPOINTED as class counsel; 7) Trial of this matter likely will be BIFURCATED, subject to Rule 23(c)(1)(C); The common elements of all four causes of action, as described above, will be tried collectively, and the elements of causation and damages will be tried individually or collectively, as appropriate; and 8) Pursuant to FRCP 23(c)(2)(B), the parties are ORDERED to submit to this court, on or before 4/14/2017, a class notice plan and forms of notice; If the parties are unable to agree on forms of notice, the parties shall each submit on or before 4/7/2017 their proposed forms, accompanied by a memorandum explaining the party's position, and each party shall respond to the other's proposed notice plan and forms of notice no later than 4/14/2017. Signed by Chief Judge William Keith Watkins on 3/17/2017. (wcl, )
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GPO
Aug 31 2017
ORDER: it is ORDERED as follows: 1) Dft's 81 motion for reconsideration is DENIED in part and GRANTED in part; 2) The motion is DENIED insofar as it seeks decertification of the class; 3) The motion is GRANTED insofar as it seeks redefinition of the class; and 4) The class is REDEFINED as follows: All non-hospital patients of Flowers Hospital, as defined on page four of the certification order, whose personal identifying information or protected health information was stolen or may have been stolen from Flowers Hospital by Kamarian Millender and/or his accomplice(s). Excluded from the class are the (i) owners, officers, directors, employees, agents and/or representatives of Dft and its parent entities, subsidiaries, affiliates, successors, and/or assigns, and (ii) the court, court personnel, and members of their immediate families. Signed by Chief Judge William Keith Watkins on 8/31/2017. (wcl, )
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GPO
Jan 18 2019
ORDER AND FINAL JUDGMENT regarding the 123-1 Settlement Agreement, as further set out in order; Each Representative Plf is awarded a Class Representative Award of $5,000.00, to be paid in accordance with the Settlement Agreement, as further set out in order; Class Counsel are awarded Class Counsel Fees and Expenses in the total amount of $125,000.00, an amount the court finds to be fair and reasonable, to be paid in accordance with the Settlement Agreement, as further set out in order; Status Report due by 4/1/2019, and every 90 days thereafter; DIRECTING the Clerk to enter this Order and Final Judgment on the docket; DIRECTING the Clerk to update the docket to reflect that there are now no pending motions. Signed by Chief Judge William Keith Watkins on 1/18/2019. (furn: calendar, wr) (term: PTC for 04/04/2019; Jury Trial for 06/03/2019) (Attachments: # (1) Civil Appeals Checklist) (wcl, )
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