Federal Trade Commission v. Mount Sinai Hospitals Group, Inc.

Court
S.D.N.Y.
Docket number
1:26-mc-00532
Filed
Last filing
Assigned judge
Katherine Polk Failla
Cause
M 08-85 Motion to Compel
Case
Federal Trade Commission v. Mount Sinai Hospitals Group, Inc.
Source
Docket on CourtListener(opens another site)

The 4 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Mount Sinai Hospitals Group, Inc. to Produce Documents in Response to Federal Subpoena. Other Court Name: United States District Court - Northern District of Texas. Other Court Case Number: 4:26-cv-00748-O. Document filed by Federal Trade Commission. (Attachments: # 1 Exhibit A)(Cohen, Jonathan) (Entered: 10/27/2026)Open(opens another site)
2MISCELLANEOUS COVER SHEET filed..(Cohen, Jonathan) (Entered: 10/27/2026)Open(opens another site)
3NOTICE of Constitutional Challenge re: 1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel Mount Sinai Hospitals Group, Inc. to Produce Documents in Response to Federal Subpoena. Other Court Name: United States District Court - Northern District of Texas. Other Court Cas. Document filed by Federal Trade Commission..(Cohen, Jonathan) (Entered: 10/27/2026)Open(opens another site)
4MOTION for Jonathan Abraham Cohen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: # 1 Affidavit Notarized, # 2 Exhibit Bar Certificate, # 3 Proposed Order for Admission Pro Hac Vice).(Cohen, Jonathan) (Entered: 10/27/2026)Open(opens another site)
5ORDER FOR ADMISSION PRO HAC VICE: granting 4 Motion for Jonathan Abraham Cohen to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Katherine Polk Failla on 10/27/2026) (sma) Transmission to Attorney Services/Help Desk. (Entered: 10/28/2026)Open(opens another site)
6ORDER denying 1 Letter Motion to Compel. The Court is in receipt of the FTC's letter motion, requesting a Rule 45 transfer or, alternatively, a pre-motion conference concerning their motion to compel compliance with a subpoena issued from th e U.S. District Court for the Northern District of Texas. (Dkt. #1). The Court DENIES the FTC's Rule 45 transfer motion, without prejudice to its renewal. Rule 45(f) provides that "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if [i] the person subject to the subpoena consents or [ii] if the court finds exceptional circumstances. Fed. R. Civ. P. 45(f) (emphasis added). It is ultimately "withi n the discretion of this Court... to [] decide whether to transfer a subpoena-related motion" under Rule 45(f). SBA Commc'ns Corp. v. Fractus, S.A., No. 19 Misc. 130 (ER), 2019 WL 4879333, at *1 (S.D.N.Y. Oct. 3, 2019). The FTC's lette r does not state whether Mount Sinai Hospitals Group, Inc. ("Respondent") consents to the requested transfer. Nor are there any apparent "exceptional circumstances" warranting transfer to the Northern District of Texas. Absent con sent from the Respondent, the prime concern [in deciding a Rule 45(f) motion] should be avoiding burdens on local nonparties subject to subpoenas. Hilb Grp. of New York, LLC v. Associated Agencies, Inc., No. 23-MC-264 (LJL), 2023 WL 5183690, at *1 (S .D.N.Y. Aug. 10, 2023) (internal quotation marks omitted) (quoting Advisory Committee's 2013 Note to Rule 45(f)). Here, the burdens weigh against transfer, as both Respondent and nonparty, the State of New York, are located within this Courts ju risdiction. The Court GRANTS the FTC's motion for a conference pursuant to Local Rule 37.2, and accepts the FTC's letter motion (Dkt. #1) as their opening brief. Respondent and the State of New York are invited to submit briefs in response to the FTC's letter motion, addressing: (i) whether Respondent's compliance with the subpoena would place Respondent in conflict with the New York Shield Law; and (ii) if there is a conflict, whether the Rules Enabling Act preempts any conf licting state law. Respondent shall also address: (iii) whether they consent to the FTC's transfer motion. Those briefs shall not exceed eight pages (excluding exhibits) and are due on or before November 30, 2026. On December 2, 2026, at 3:30 p. m., counsel for the FTC, Respondent, and for non-party the State of New York, shall appear for a conference with the Court in Courtroom 618, 40 Foley Square, New York, New York 10007. Separately, the FTC (correctly) observes that Respondent is obliga ted under New York law to make reasonable attempts to notify doctors, patients, and others under N.Y. Gen. Bus. Law § 394-I(2)(b)(ii) (the New York Shield Law). (Dkt. #1 at 5 n.24). The Court expects that Respondent will make reasonable attempt s to inform potentially impacted individuals of the existence of this litigation, to ensure that any potential intervenors can be heard prior to the hearing on December 2, 2026. The Clerk of Court is directed to terminate the motion at docket entry 1.. (Signed by Judge Katherine Polk Failla on 10/27/2026) (rro)Open(opens another site)
7MOTION for Ross Cooper Vaughan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit of no disciplinary proceedings, # 3 Proposed Order for admission Pro Hac Vice).(Vaughan, Ross) (Entered: 10/28/2026)Open(opens another site)
8MOTION for Michael Christopher Dingman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Federal Trade Commission. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit Affidavit of no felony convictions, disciplinary proceedings, disbarment, etc., # 3 Proposed Order Proposed Order On Admission Pro Hac Vice).(Dingman, Michael) (Entered: 10/28/2026)Open(opens another site)
9No descriptionOpen(opens another site)
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MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://https://nysd.uscourts.gov/rules/ecf-related-instructions. .(laq)
Case Designated ECF. (laq)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Jonathan Abraham Cohen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sar)
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Set/Reset Hearings: Status Conference set for 12/2/2026 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (rro)
No description
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Ross Cooper Vaughan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sar)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Michael Christopher Dingman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

19 entries