Leeds DDS v. Board of Dental Examiners of Alabama et al
| D Blaine Leeds DDS |
| Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Douglas Beckham DMD, Stephen R Sticklin DMD, Sherry S Campbell RDH CDHC, T Gerald Walker DMD, Kevin M Sims DMD MS and Board of Dental Examiners of Alabama |
| 2:2018cv01679 |
| October 12, 2018 |
| US District Court for the Northern District of Alabama |
| R David Proctor |
| Anti-Trust |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 40
TEXT ORDER On or before December 14, 2018, the parties are each DIRECTED to file a brief, not to exceed five pages, addressing whether the Board of Dental Examiners of Alabama is entitled to sovereign immunity as a state agency, in light of Versiglio v. Bd. of Dental Examiners of Alabama, 686 F.3d 1290 (11th Cir. 2012). Signed by Judge R David Proctor on 12/6/2018. (KAM)
|
|
Filing 39
TEXT ORDER-This matter is before the court on Plaintiffs' Conditional Motion for Jurisdictional Discovery and to Establish Briefing Schedule #34 . The court held a conference on the motion on December 4, 2018. For the reasons stated on the record at the conference, Plaintiffs' motion #34 is DENIED. Plaintiffs will not be granted expedited discovery on Defendants' Parker immunity defense at this time. On or before December 11, 2018, Plaintiffs' SHALL respond to Defendants' motion to dismiss #32 . Defendants MAY reply on or before December 21, 2018. Signed by Judge R David Proctor on 12/6/2018. (KAM)
|
| Filing 38 REPLY Brief filed by Plaintiff D Blaine Leeds DDS re: #37 Opposition (other), #34 MOTION for Conditional Discovery and to Establish Briefing Schedule filed by D Blaine Leeds DDS. (Lembke, Matthew) |
| Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference (changed to in-chambers conference) held on 12/4/2018. A separate order will be entered by the court. (Court Reporter Leah Turner.) (KLL) |
| Filing 37 Opposition to re #34 Plaintiffs' Motion for Conditional Discovery filed by Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD, T Gerald Walker DMD. (Attachments: #1 Exhibit Ex A 466 U.S. 558)(Pate, Robert) |
|
Filing 36
TEXT ORDER This matter is before the court on Plaintiffs' Conditional Motion for Jurisdictional Discovery and to Establish Briefing Schedule #34 . The motion #34 is SET for a telephone conference on Tuesday, December 4, 2018 at 3:30 pm CT. Counsel are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Plaintiffs' deadline to respond to Defendants' motion to dismiss #32 is CONTINUED. A new briefing schedule will be set by separate order after next week's telephone conference. Signed by Judge R David Proctor on 11/30/2018. (KAM)
|
| Filing 35 NOTICE of Appearance by Hillary Chinigo Campbell on behalf of D Blaine Leeds DDS (Campbell, Hillary) |
| Filing 34 MOTION for Conditional Discovery and to Establish Briefing Schedule by D Blaine Leeds DDS. (Lembke, Matthew) |
| Filing 33 Brief re #32 MOTION to Dismiss filed by Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD, T Gerald Walker DMD. (Attachments: #1 Exhibit A - Affidavit of Othni Lathram)(Pate, Robert) |
| Filing 32 MOTION to Dismiss by Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD, T Gerald Walker DMD. (Pate, Robert) |
|
Filing 31
SCHEDULING ORDER: certain time limits apply as set out in this order; Discovery due by 2/22/2019. Dispositive Motions due by 5/20/2019. Pretrial conference ready in July 2019; Mediation in March 2019; Jury trial ready in August 2019. Signed by Judge R David Proctor on 11/16/2018. (KAM)
|
| Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 11/16/2018. A separate Scheduling Order will be entered by the court. (KLL) |
|
Filing 30
TEXT ORDER Plaintiffs have filed an Amended Complaint #29 . Because Defendants' Motion to Dismiss #18 is no longer directed at the operative Complaint, the Clerk of Court is DIRECTED to administratively terminate the Motion #18 . As appropriate, Defendants may file a new motion to dismiss that is directed at the operative Complaint within the time prescribed by the Federal Rules of Civil Procedure. Additionally, because the parties have agreed to consolidate the hearing on the preliminary injunction with the trial on the merits ( #23 at 2), Plaintiffs' Emergency Motion for Expedited Discovery #5 is DENIED as moot. Signed by Judge R David Proctor on 11/14/2018. (KAM, )
|
| Filing 29 AMENDED COMPLAINT against Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD, T Gerald Walker DMD, filed by D Blaine Leeds DDS.(Lembke, Matthew) |
| Filing 28 NOTICE by Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD re #23 Report of Rule 26(f) Planning Meeting, #19 Brief, (NOTICE OF ERRATA) (Pate, Robert) |
|
Filing 27
QUALIFIED HIPAA PROTECTIVE ORDER. Signed by Judge R David Proctor on 11/9/2018. (KAM)
|
|
Filing 26
ORDER Scheduling Conference set for 11/16/2018 10:00 AM before Judge R David Proctor.. Signed by Judge R David Proctor on 11/9/2018. (KAM)
|
|
Filing 25
ORDER pursuant to the stipulation of the parties, the TRO #9 shall remain in effect until the court enters final judgment or dismisses the case in full. Signed by Judge R David Proctor on 11/9/2018. (KAM)
|
| Filing 24 STIPULATION re #9 Order on Motion for TRO,,,,, Joint Stipulation by D Blaine Leeds DDS. filed by D Blaine Leeds DDS (Lembke, Matthew) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting. (Lembke, Matthew) |
|
Filing 22
INITIAL ORDER. Signed by Judge R David Proctor on 11/6/2018. (KAM)
|
| Filing 21 NOTICE of Appearance by Logan Taylor Matthews on behalf of Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD (Matthews, Logan) |
|
Filing 20
TEXT ORDER This case is before the court on Defendants' Motion to Dismiss #18 . The parties are directed to brief the issues raised in the motion #18 as follows: Plaintiffs SHALL respond on or before November 15, 2018; Defendants MAY reply on or before November 21, 2018. Signed by Judge R David Proctor on 11/6/2018. (KAM)
|
| Filing 19 Brief re #18 MOTION to Dismiss filed by Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD, T Gerald Walker DMD. (Pate, Robert) |
| Filing 18 MOTION to Dismiss by Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD, T Gerald Walker DMD. (Pate, Robert) |
| Filing 17 NOTICE of Appearance by Robert Ashby Pate on behalf of Douglas Beckham DMD, Board of Dental Examiners of Alabama, Sherry S Campbell RDH CDHC, Adolphus M Jackson DMD, Mark R McIlwain DMD MD, Kevin M Sims DMD MS, Stephen R Sticklin DMD, T Gerald Walker DMD (Pate, Robert) |
|
Filing 16
TEXT ORDER-This case is before the court on the parties' Joint Stipulation #14 and Joint Motion to Continue Hearing #15 . Pursuant to the parties' Joint Stipulation #14 , the Temporary Restraining Order entered on October 16, 2018 #9 shall remain in effect until January 31, 2019. The Stipulation #14 operates as consent to an extension of the TRO by the adverse party under Federal Rule of Civil Procedure 65(b)(2). The Joint Motion to Continue Hearing #15 is GRANTED. Accordingly, the hearing currently set for November 8, 2018 is hereby CONTINUED and the briefing deadlines set in the court's October 17, 2018 Order 11 VACATED. The parties SHALL meet and confer and file a joint report on or before November 8, 2018 proposing a new schedule on which this case may proceed. Signed by Judge R David Proctor on 10/26/2018. (KAM)
|
| Filing 15 Joint MOTION to Continue Hearing by D Blaine Leeds DDS. (Lembke, Matthew) |
| Filing 14 STIPULATION re #9 Order on Motion for TRO,,,,, (Joint Stipulation) by D Blaine Leeds DDS. filed by D Blaine Leeds DDS (Robertson, James) |
| Filing 13 SUMMONS Returned Executed by D Blaine Leeds DDS. All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Robertson, James) |
| Filing 12 Transcript of Proceedings (Motion for TRO) held on 10/15/2018, before Judge R David Proctor. Court Reporter/Transcriber Lindy M. Fuller. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/7/2018. Redacted Transcript Deadline set for 11/17/2018. Release of Transcript Restriction set for 1/15/2019. (KAM) |
|
Filing 11
TEXT ORDER This matter is before the court on Plaintiffs' Motion for Temporary Restraining Order #3 , which, based on counsel's representations at the hearing held October 15, 2018, the court treats as a motion for both a TRO and a preliminary injunction. The motion for a preliminary injunction is SET for a hearing on November 8, 2018, at 3:00 pm CT in Courtroom 7-A of the U.S. Hugo Black Courthouse. The parties SHALL meet and confer as soon as is practicable to discuss and agree upon the scope of discovery necessary in advance of the preliminary injunction hearing. The parties SHALL also meet and confer regarding what facts related to the motion to which they can stipulate. Finally, the parties SHALL brief the issues raised in Plaintiffs' motion #3 as follows: Defendants SHALL respond on or before November 1, 2018; Plaintiffs MAY reply on or before November 6, 2018. Counsel for Plaintiffs is DIRECTED to provide a copy of this Order to Ms. Donna Dixon of the Board of Dental Examiners Motion Hearing set for 11/8/2018 03:00 PM before Judge R David Proctor. Signed by Judge R David Proctor on 10/17/2018. (KAM)
|
| Filing 10 NOTICE by D Blaine Leeds DDS re #9 Order on Motion for TRO,,,,, of Service of Order (Robertson, James) |
|
Filing 9
TEMPORARY RESTRAINING ORDER The court hereby DIRECTS, ORDERS, AND ENJOINS Defts Board of Dental Examiners of Alabama; Adolphus M. Jackson, DMD; T. Gerald Walker, DMD; Douglas Beckham, DMD; Stephen R. Stricklin, DMD; Mark R. McIlwain, DMD, MD; Kevin M. Sims, DMD, MS; and Sherry S. Campbell, RDH, CDHC as follows: Defts are restrained and enjoined from enforcing Ala. Code 34-9-6(7) and Ala. Admin. Code r. 270-X-3-.10 against Dr. Leeds and SmileDirect to require a dentists on-site supervision of the intra-oral taking of digital photographs through use of an Itero or other similar device. The court finds that there is no threat of costs or damages to be incurred by Defts if they are later found to have been wrongfully restrained in this action, so no bond is required for this Order. See BellSouth Telecommunications, Inc. v. MCIMetro Access Transmission Servs., LLC, 425 F.3d 964, 971 (11th Cir. 2005) ([I]t is well-established that the amount of security required by [Rule 65(c)] is a matter within the discretion of the trial court... [, and] the court may elect to require no security at all.) (internal quotations omitted; omission and second alteration in original).Counsel for Plaintiffs are hereby DIRECTED to serve a copy of this Order on all Defendants and their counsel.. Signed by Judge R David Proctor on 10/163/2018. (KAM)
|
| Filing 8 NOTICE of Hearing on Motion #5 Emergency MOTION to Expedite Discovery, #3 MOTION for Temporary Restraining Order : Motion Hearing set for 10/15/2018 at 4:15 PM in chambers before Judge R David Proctor. A court reporter shall be present.(KLL) |
| Filing 7 Summons Issued as to All Defendants, returned to pltf for service (MRR, ) |
| Filing 6 Corporate Disclosure Statement by D Blaine Leeds DDS. filed by D Blaine Leeds DDS (Lembke, Matthew) |
| Filing 5 Emergency MOTION to Expedite Discovery by D Blaine Leeds DDS. (Attachments: #1 Exhibit A)(Lembke, Matthew) |
| Filing 4 Notice of Reassignment- The above-styled civil action has been reassigned to the Honorable R. David Proctor. Please use case number 2:18-cv-1679-RDP on all subsequent pleadings. (MRR, ) |
| Filing 3 MOTION for Temporary Restraining Order by D Blaine Leeds DDS. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lembke, Matthew) |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3195063. related document #1 COMPLAINT against All Defendants, filed by D Blaine Leeds DDS.(MRR, ). (Lembke, Matthew) |
| Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 10/15/2018 re #5 Emergency MOTION to Expedite Discovery filed by D Blaine Leeds DDS, #3 MOTION for Temporary Restraining Order filed by D Blaine Leeds DDS. The court will enter a separate order granting TRO and setting out the deadlines as discussed at the hearing. The parties shall meet and confer to discuss motion to expedite discovery. (Court Reporter Lindy Fuller.) (KLL) |
| Filing 1 COMPLAINT against All Defendants, filed by D Blaine Leeds DDS.(MRR, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Alabama Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
