Leeds DDS v. Board of Dental Examiners of Alabama et al

Plaintiff: D Blaine Leeds DDS
Defendant: 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
Case Number: 2:2018cv01679
Filed: October 12, 2018
Court: US District Court for the Northern District of Alabama
Presiding Judge: R David Proctor
Nature of Suit: Anti-Trust
Cause of Action: 28:1331
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on April 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2018 Opinion or Order 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)
December 6, 2018 Opinion or Order 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)
December 4, 2018 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)
December 4, 2018 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)
November 30, 2018 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)
November 30, 2018 Opinion or Order 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)
November 29, 2018 Filing 35 NOTICE of Appearance by Hillary Chinigo Campbell on behalf of D Blaine Leeds DDS (Campbell, Hillary)
November 29, 2018 Filing 34 MOTION for Conditional Discovery and to Establish Briefing Schedule by D Blaine Leeds DDS. (Lembke, Matthew)
November 21, 2018 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)
November 21, 2018 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)
November 16, 2018 Opinion or Order 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)
November 16, 2018 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)
November 14, 2018 Opinion or Order 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, )
November 14, 2018 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)
November 12, 2018 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)
November 9, 2018 Opinion or Order Filing 27 QUALIFIED HIPAA PROTECTIVE ORDER. Signed by Judge R David Proctor on 11/9/2018. (KAM)
November 9, 2018 Opinion or Order 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)
November 9, 2018 Opinion or Order 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)
November 8, 2018 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)
November 8, 2018 Filing 23 REPORT of Rule 26(f) Planning Meeting. (Lembke, Matthew)
November 6, 2018 Opinion or Order Filing 22 INITIAL ORDER. Signed by Judge R David Proctor on 11/6/2018. (KAM)
November 6, 2018 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)
November 6, 2018 Opinion or Order 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)
November 5, 2018 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)
November 5, 2018 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)
October 26, 2018 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)
October 26, 2018 Opinion or Order 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)
October 26, 2018 Filing 15 Joint MOTION to Continue Hearing by D Blaine Leeds DDS. (Lembke, Matthew)
October 26, 2018 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)
October 18, 2018 Filing 13 SUMMONS Returned Executed by D Blaine Leeds DDS. All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Robertson, James)
October 17, 2018 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)
October 17, 2018 Opinion or Order 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)
October 16, 2018 Filing 10 NOTICE by D Blaine Leeds DDS re #9 Order on Motion for TRO,,,,, of Service of Order (Robertson, James)
October 16, 2018 Opinion or Order 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)
October 15, 2018 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)
October 15, 2018 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)
October 15, 2018 Filing 7 Summons Issued as to All Defendants, returned to pltf for service (MRR, )
October 15, 2018 Filing 6 Corporate Disclosure Statement by D Blaine Leeds DDS. filed by D Blaine Leeds DDS (Lembke, Matthew)
October 15, 2018 Filing 5 Emergency MOTION to Expedite Discovery by D Blaine Leeds DDS. (Attachments: #1 Exhibit A)(Lembke, Matthew)
October 15, 2018 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, )
October 15, 2018 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)
October 15, 2018 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)
October 15, 2018 Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, )
October 12, 2018 Filing 1 COMPLAINT against All Defendants, filed by D Blaine Leeds DDS.(MRR, )

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Search for this case: Leeds DDS v. Board of Dental Examiners of Alabama et al
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Defendant: Adolphus M Jackson DMD
Represented By: Lana Alcorn Olson
Represented By: Logan Taylor Matthews
Represented By: Robert Ashby Pate
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Defendant: Mark R McIlwain DMD MD
Represented By: Lana Alcorn Olson
Represented By: Logan Taylor Matthews
Represented By: Robert Ashby Pate
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Defendant: Douglas Beckham DMD
Represented By: Logan Taylor Matthews
Represented By: Robert Ashby Pate
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Defendant: Stephen R Sticklin DMD
Represented By: Lana Alcorn Olson
Represented By: Logan Taylor Matthews
Represented By: Robert Ashby Pate
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Defendant: Sherry S Campbell RDH CDHC
Represented By: Lana Alcorn Olson
Represented By: Logan Taylor Matthews
Represented By: Robert Ashby Pate
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Defendant: T Gerald Walker DMD
Represented By: Lana Alcorn Olson
Represented By: Robert Ashby Pate
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Defendant: Kevin M Sims DMD MS
Represented By: Lana Alcorn Olson
Represented By: Logan Taylor Matthews
Represented By: Robert Ashby Pate
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Defendant: Board of Dental Examiners of Alabama
Represented By: Lana Alcorn Olson
Represented By: Logan Taylor Matthews
Represented By: Robert Ashby Pate
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Plaintiff: D Blaine Leeds DDS
Represented By: Michael R Pennington
Represented By: Matthew H Lembke
Represented By: James Bradley Robertson
Represented By: David G Hymer
Represented By: Hillary Chinigo Campbell
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