Empirian Health, LLC v. Specialty RX, Inc.
| Empirian Health, LLC |
| Specialty RX, Inc. |
| 2:2022cv00639 |
| October 31, 2022 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Myron H Thompson |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: This case is before the court on the question whether it has jurisdiction on the basis of removal jurisdiction, 28 U.S.C. 1441(a), and diversity of citizenship, 28 U.S.C. 1332(a). During a conference call held with the parties on 12/2/2022, the parties indicated that they are not sure of all States in which plaintiff Empirian Health LLC is a citizen because the parties have not yet determined the identity of all members of the LLC and its subsidiary entities. They both requested that the court allow jurisdictional discovery to determine the citizenship of all members. The court will grant the request. Accordingly, and based on the representations made on the record on 12/2/2022, it is ORDERED that: (1) The parties shall have a period of 60 days, that is, until 2/3/2023, to conduct limited discovery to determine the names and citizenship of each member of plaintiff Empirian Health, LLC. (2) By 2/8/2023, defendant Specialty RX, Inc., shall file an amended notice of removal. Signed by Honorable Judge Myron H. Thompson on 12/5/2022. (dmn, )
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Filing 11
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 12/2/2022 (PDF available for court use only). (Court Reporter Blanton Callen.) (kcf, )
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Filing 10
TEXT ORDER: setting a Telephone Conference call for 12/2/2022 @ 8:15 AM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 11/28/2022. (NO PDF attached to this entry) (Furnished: Calendar & AG)(am, )
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Filing 9
Response re #8 Order of Allegation of Citizenship of Plaintiff Empirian Health, LLC filed by Specialty RX, Inc.. (Butler, Michael) Modified on 11/22/2022 to clarify text (am, ).
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Filing 8
ORDER: It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing defendant has until 11/21/2022, to amend the notice of removal to allege jurisdiction sufficiently, see 28 U.S.C. 1653; otherwise this lawsuit shall be remanded to state court. Signed by Honorable Judge Myron H. Thompson on 11/10/2022. (am, )
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Filing 7
SEALED DOCUMENT: UNREDACTED Copy of COMPLAINT with JURY DEMAND filed in response to #6 Order. (Attachments: #1 Copy of #6 Order, #2 Cover Letter)(dmn, ) (Additional attachment(s) added on 11/7/2022: #3 Exhibit A) (dmn, ). Modified on 11/7/2022 to include Exhibit A that was omitted when docketed due to docketing error. (dmn, )
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Filing 6
ORDER: It is ORDERED that, by 11/7/2022, defendant shall file an unredacted copy of the complaint under seal. Signed by Honorable Judge Myron H. Thompson on 11/2/2022. (dmn, )
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Filing 5
Case Assigned to Honorable Judge Myron H. Thompson as presiding judge and Honorable Judge Stephen Michael Doyle as referral judge. (am, )
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NOTICE of Filing Removal to State Court by Specialty RX, Inc. (NO PDF - See doc #1 ) (am, )
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COMPLAINT with JURY DEMAND against Specialty RX, Inc., filed by Empirian Health, LLC. (NO PDF- See doc #1 )(am, )
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Filing 4
BRIEF/MEMORANDUM in Support re #3 MOTION to Dismiss or in the alternative, Transfer Venue filed by Specialty RX, Inc.. (Butler, Michael)
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Filing 3
MOTION to Dismiss or in the alternative, MOTION to Transfer Venue by Specialty RX, Inc.. (Butler, Michael). Added MOTION to Transfer Venue on 11/1/2022 (am, ).
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Filing 2
Corporate/Conflict Disclosure Statement by Specialty RX, Inc.. (Butler, Michael)
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Filing 1
NOTICE OF REMOVAL by Specialty RX, Inc. from Circuit Court of Montgomery County, Alabama, case number CV-2022-901224. ( Filing fee $ 402 receipt number AALMDC-3313538) , filed by Specialty RX, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Complaint filed in the Circuit Court of Montgomery County, Alabama, #3 Exhibit 2 - Circuit Court file for Montgomery County, Alabama, #4 Exhibit 3 - Notice of Service on Specialty, #5 Exhibit 4 - New Jersey Secretary of State Business entity information)(Butler, Michael)
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| Plaintiff: Empirian Health, LLC | |
| Represented By: | James Ethan McDaniel |
| Represented By: | Nicolas Howard Peck |
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| Defendant: Specialty RX, Inc. | |
| Represented By: | Michael Warren Butler |
| Represented By: | Ann Campbell Potter Chapman |
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