Medical Properties Trust, Inc. v. Viceroy Research, LLC et al
| Medical Properties Trust, Inc. |
| Viceroy Research, LLC, Fraser John Perring, Gabriel Bernarde and Aidan Lau |
| 2:2023cv00408 |
| March 30, 2023 |
| US District Court for the Northern District of Alabama |
| John H England |
| R David Proctor |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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Filing 46
TEXT ORDER - In light of Defendant Fraser Perring's Amended Motion to Dismiss #45 , Defendant Perring's initial Motion to Dismiss #44 is hereby TERMINATED. Additionally, to the extent further briefing is required, the parties are REMINDED to brief the Motion #45 in accordance with Exhibit B of the courts Initial Order #42 . Signed by Judge R David Proctor on 5/24/2023. (KAM)
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| Filing 45 Amended MOTION to Dismiss for Lack of Jurisdiction by Fraser John Perring. (Attachments: #1 Exhibit Declaration of Perring)(Elias, Richard) |
| Filing 44 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memo of Def Perring by Gabriel Bernarde, Aidan Lau, Fraser John Perring, Viceroy Research, LLC. (Elias, Richard) |
| Filing 43 SUMMONS Returned Executed by Medical Properties Trust, Inc.. Fraser John Perring served on 5/3/2023, answer due 5/24/2023. (Cole, Meghan) |
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Filing 42
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 5/17/2023. (KAM)
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Filing 41
TEXT ORDER - The Zoom status conference currently scheduled to take place on Thursday, May 18, 2023, is RESCHEDULED to take place on Friday, May 26, 2023, at 11:00 A.M. Zoom log-in information will be provided via email. Signed by Judge R David Proctor on 5/15/2023. (KAM)
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| Filing 40 REPLY to Response to Motion re #16 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) filed by Viceroy Research, LLC. (Elias, Richard) |
| Filing 39 REPLY to Response to Motion re #17 MOTION to Dismiss Under Rule 12(b)(6) filed by Viceroy Research, LLC. (Elias, Richard) |
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Filing 38
TEXT ORDER: This matter is before the court following the May 11, 2023, reassignment to the undersigned. This case is SET for a status conference on Thursday, May 18, 2023, at 2:00 P.M. C.S.T., by Zoom. the court will provide the Zoom information to the parties by email prior to the conference. Signed by Judge R David Proctor on 5/12/2023. (KAM)
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| Filing 37 Case Reassigned to Judge R David Proctor. Judge Madeline Hughes Haikala no longer assigned to the case. Please use case number 2:23-cv-00408-RDP on all subsequent pleadings. (DNW) |
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Filing 36
ORDER OF RECUSAL. Judge Madeline Hughes Haikala recuses from this matter. The Clerk of Court shall please randomly reassign this matter. Signed by Judge Madeline Hughes Haikala on May 11, 2023. (Haikala, Madeline)
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| Filing 35 MOTION for Discovery Plaintiff's Alternative Motion for Jurisdictional Discovery by Medical Properties Trust, Inc.. (Bell, Michael) |
| Filing 34 RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) filed by Medical Properties Trust, Inc.. (Bell, Michael) |
| Filing 33 RESPONSE in Opposition re #17 MOTION to Dismiss Under Rule 12(b)(6) filed by Medical Properties Trust, Inc.. (Bell, Michael) |
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Filing 32
TEXT ORDER: The Court GRANTS #29 MOTION for Leave to Appear Pro Hac Vice. Attorney Jomaire A. Crawford admitted as counsel for Medical Properties Trust, Inc.. Signed by Judge Madeline Hughes Haikala on 5/3/2023. (DNW)
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| Filing 31 NOTICE OF REASSIGNMENT Case Reassigned to Judge Madeline Hughes Haikala. Judge Annemarie Carney Axon no longer assigned to the case. Please use case number 2:23-cv-408-MHH on all subsequent pleadings. (KSS) |
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Filing 30
TEXT ORDER. The undersigned must recuse from this case with apologies to the parties. The courts software failed to flag a recusal issue that was later identified by chambers staff. The court VACATES its #25 initial order and its #26 order regarding compliance with Federal Rule of Civil Procedure 26(f). Signed by Judge Annemarie Carney Axon on 5/3/2023. (KSS)
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice of Jomaire A. Crawford by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| PHV Fee paid: $ 75, receipt number AALNDC-4334376 (rcpt. no. B-5101). (Bell, Michael) Modified on 5/3/2023 (DNW). |
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Filing 28
TEXT ORDER - The court GRANTS #27 Motion for Leave to Appear Pro Hac Vice of Corey Worcester. Signed by Judge Annemarie Carney Axon on 4/30/23. (SAC)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice of Corey Worcester by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
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Filing 26
***VACATED***ORDER REGARDING COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(f). Signed by Judge Annemarie Carney Axon on 4/26/23. (SAC) Modified on 5/3/2023 (KSS).
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| PHV Fee paid: $ 75, receipt number AALNDC-4329712. ALND receipt number B-5004. (Bell, Michael) |
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Filing 25
***VACATED***INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 4/25/23. (SAC) Modified on 5/3/2023 (KSS).
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| Filing 24 NOTICE OF REASSIGNMENT-The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Annemarie Carney Axon. Please use case number 2:23 CV 408 ACA on all subsequent pleadings. (AKD) |
| Filing 23 NOTICE of Appearance by Rebecca Kay Hall on behalf of Medical Properties Trust, Inc. (Hall, Rebecca) |
| Filing 22 NOTICE of Appearance by Meghan Salvati Cole on behalf of Medical Properties Trust, Inc. (Cole, Meghan) |
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Filing 21
TEXT ORDER setting briefing schedules re #16 Motion to Dismiss for Lack of Jurisdiction, #17 Motion to Dismiss. Plaintiff's responses are due by May 5, 2023. Defendant's replies, if any, are due by May 12, 2023. Signed by Magistrate Judge John H. England, III on 4/24/2023. (CDG)
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Filing 20
TEXT ORDER granting #19 Motion to Admit Pro Hac Vice Attorney Richard M. Elias, but with the understanding and on the condition he pays the applicable fee and registers for e-filing and notification within 14 days, unless he has already done so. Signed by Magistrate Judge John H. England, III on 4/24/2023. (CDG)
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| PHV Fee paid: $75, receipt number B-4954 for Richard Elias (AKD) |
| Set/Reset Deadlines as to #17 MOTION to Dismiss Under Rule 12(b)(6), #16 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2). Responses due by 5/5/2023 Replies due by 5/12/2023. (AKD) |
| Filing 19 MOTION for Limited Admission of Richard M. Elias Motion is RIPE 4/21/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Viceroy Research, LLC. (Attachments: #1 Exhibit Ex. A-Elias Court Admissions, #2 Exhibit Ex. B-Elias Declaration)(Thompson, J) |
| Filing 18 Corporate Disclosure Statement by Viceroy Research, LLC. filed by Viceroy Research, LLC (Thompson, J) |
| Filing 17 MOTION to Dismiss Under Rule 12(b)(6) by Viceroy Research, LLC. (Thompson, J) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(2) by Viceroy Research, LLC. (Attachments: #1 Exhibit Ex. A-Perring Declaration)(Thompson, J) |
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Filing 15
TEXT ORDER granting #14 Motion for Leave to Appear Pro Hac Vice but with the understanding and on the condition each attorney pays the applicable fee and registers for e-filing and notification within 14 days, unless they have already done so. Signed by Magistrate Judge John H England, III on 4/19/23. (MRR, )
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| Filing 14 MOTION for Leave to Appear Pro Hac Vice of Kelsey Borenzweig Motion is RIPE 4/18/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| PHV Fee paid: $ 75, receipt number AALNDC-4322423(ALND reciept# B-4876). (Bell, Michael) Modified on 4/18/2023 (AKD). |
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Filing 13
TEXT ORDER granting #7 Motion for Leave to Appear; granting #8 Motion for Leave to Appear; granting #9 Motion for Leave to Appear; granting #10 Motion for Leave to Appear; granting #11 Motion for Leave to Appear; granting #12 Motion for Leave to Appear, but with the understanding and on the condition each attorney pays the applicable fee and registers for e-filing and notification within 14 days, unless they have already done so. Signed by Magistrate Judge John H. England, III on 4/12/2023. (CDG)
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| PHV Fee paid: $ 75, receipt number AALNDC-4317547 (ALND receipt# B-4758). (Bell, Michael) Modified on 4/12/2023 (AKD). |
| PHV Fee paid: $ 75, receipt number AALNDC-4317551 (ALND recept# B-4760). (Bell, Michael) Modified on 4/12/2023 (AKD). |
| PHV Fee paid: $ 75, receipt number AALNDC-4317549 (ALND receipt# B-4759). (Bell, Michael) Modified on 4/12/2023 (AKD). |
| PHV Fee paid: $ 75, receipt number AALNDC-4317556 (ALND receipt# B-4761). (Bell, Michael) Modified on 4/12/2023 (AKD). |
| PHV Fee paid: $ 75, receipt number AALNDC-4317557 (ALND receipt# B-4762). (Bell, Michael) Modified on 4/12/2023 (AKD). |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice of William Savitt Motion is RIPE 4/11/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice of Charles Melman Motion is RIPE 4/11/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice of Adabelle U. Ekechukwu Motion is RIPE 4/11/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Sarah Eddy Motion is RIPE 4/11/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice of Nathaniel Cullerton Motion is RIPE 4/11/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Sijin Choi Motion is RIPE 4/11/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit A - Court Admissions, #2 Exhibit B - Declaration)(Bell, Michael) |
| PHV Fee paid: $ 75, receipt number AALNDC-4317194 (ALND receipt# B-4749). (Bell, Michael) Modified on 4/12/2023 (AKD). |
| Filing 6 SUMMONS Returned Executed by Medical Properties Trust, Inc.. Viceroy Research, LLC served on 3/31/2023, answer due 4/21/2023. (Bell, Michael) |
| Filing 5 Summons Issued as to Gabriel Bernarde, Aidan Lau, Fraser John Perring, Viceroy Research, LLC. Returned to Plaintiff for service. (AKD) |
| Filing 4 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) |
| Filing 3 NOTICE OF REASSIGNMENT; Case Reassigned to Magistrate Judge John H England, III. Magistrate Judge Nicholas A Danella no longer assigned to the case. Please use case number 2:23-CV-0408-JHE on all subsequent pleadings. (JLC) |
| Filing 2 NOTICE of Corporate Disclosure by Medical Properties Trust, Inc. (JLC) |
| Filing 1 COMPLAINT against Gabriel Bernarde, Aidan Lau, Fraser John Perring, Viceroy Research, LLC, filed by Medical Properties Trust, Inc.. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 2, #4 Civil Cover Sheet)(JLC) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4307323 (ALND receipt# B-4516). related document #1 COMPLAINT against Gabriel Bernarde, Aidan Lau, Fraser John Perring, Viceroy Research, LLC, filed by Medical Properties Trust, Inc.. (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Exhibit 2, # 4 Civil Cover Sheet)(JLC). (Bell, Michael) Modified on 3/31/2023 (AKD). |
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