Enhancedcare, Inc. v. Attentive Health & Wellness, LLC et al
Plaintiff: Enhancedcare, Inc. doing business as enhancedcareMD
Defendant: David Chaviers individually doing business as Attentive Health & Wellness LLC and Attentive Health & Wellness LLC
Case Number: 4:2021cv00177
Filed: February 5, 2021
Court: US District Court for the Northern District of Alabama
Office: Middle Office
Presiding Judge: Annemarie Carney Axon
Referring Judge: Staci G Cornelius
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2021 Opinion or Order Filing 36 ORDER For the reasons stated within, the Court DIRECTS the Clerk of Court to remove the complaint filed in Case No. 4:21-cv-00177-ACA (Doc. 1-1) and file it as a supplemental complaint in Case No. 4:19-cv-01066-CLM. The Clerk is FURTHER DIRECTED to close Case No. 4:21-cv-00177-ACA and TERM the motion to consolidate (Doc. #34 ) as MOOT. Signed by Judge Corey L. Maze on 3/24/2021. (SRD)
March 10, 2021 Filing 35 Notice of Reassignment- Because the parties have 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 4:21-cv-177-ACA on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, )
March 4, 2021 Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 3/4/2021. (BST, )
March 3, 2021 Filing 34 Joint MOTION to Consolidate Cases by Attentive Health & Wellness LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mathis, Alan)
March 3, 2021 Filing 33 NOTICE to remind parties of consent telephone conference scheduled for 11:00 AM on Thursday, 3/4/2021; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, the conference will be cancelled. (BST, )
February 18, 2021 Opinion or Order Filing 32 ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than March 22, 2021. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after March 22, 2021. A telephone status conference is hereby SET for 10:00 a.m. on March 4, 2021. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 2/18/21. (MRR, )
February 18, 2021 Opinion or Order Filing 31 TEXT ORDER: Presently pending is the motion to allow F. Michael Ostrander to appear pro hac vice on behalf of plaintiff Enhancedcare, Inc. (Doc. #30 ). The motion, which provides the information required under L.R. 83.1(b), is CONDITIONALLY GRANTED, subject to the payment of the required $75.00 fee within seven (7) calendar days. Signed by Magistrate Judge Staci G Cornelius on 2/18/21. (MRR, )
February 18, 2021 PHV Fee paid: $ 75, receipt number 1126-3779851 (B4601111553). (Ostrander, F.) Modified on 2/18/2021 (MRR, ).
February 17, 2021 Filing 30 MOTION for Leave to Appear Pro Hac Vice of F. Michael Ostrander Motion is RIPE 2/17/2021. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Enhancedcare, Inc.. (Hetrick, R)
February 17, 2021 Filing 29 NOTICE of Appearance by R Scott Hetrick on behalf of Enhancedcare, Inc. (Hetrick, R)
February 12, 2021 Filing 28 NOTICE of Appearance by Xan Peyton Ingram on behalf of Attentive Health & Wellness LLC, David Chaviers (Ingram, Xan)
February 12, 2021 Filing 27 NOTICE of Appearance by Alan D Mathis on behalf of Attentive Health & Wellness LLC, David Chaviers (Mathis, Alan)
February 10, 2021 Filing 26 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, )
February 5, 2021 Filing 25 Case transferred in from District of New York Western; Case Number 6:20-cv-06171. Original file certified copy of transfer order and docket sheet received.
February 4, 2021 Filing 24 DECISION AND ORDER granting Defendants' #16 Motion for Judgment on the Pleadings, transfer, or stay. The Clerk of Court is directed to transfer this case to the United States District Court for the Northern District of Alabama, Middle Division, for further disposition, and to close this case. Signed by Hon. Frank P. Geraci, Jr. on 2/4/2021. (JEH)-CLERK TO FOLLOW UP- [Transferred from New York Western on 2/5/2021.]
December 18, 2020 Filing 23 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Telephone Status Conference adjourned from 1/20/2021 to 5/4/2021 at 11:40 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. Fact Discovery to be completed by 5/28/2021. Motions to Compel Discovery due by 4/28/2021. Plaintiff Expert Witness ID due by 6/25/2021. Defendant Expert Witness ID due by 6/25/2021. Expert Discovery to be completed by July 28, 2021. Dispositive Motions due by 9/27/2021. Signed by Hon. Marian W. Payson on 12/18/2020. (KAH) [Transferred from New York Western on 2/5/2021.]
October 27, 2020 Filing 22 Mediation Certification by Edward P. Hourihan, Jr. The case has not settled mediation complete. (Hourihan, Edward) [Transferred from New York Western on 2/5/2021.]
August 26, 2020 Filing 21 REPLY to Response to Motion re #16 MOTION for Judgment on the Pleadings filed by Attentive Health & Wellness, LLC, David Chaviers. (Aliasso, Anneliese) [Transferred from New York Western on 2/5/2021.]
August 24, 2020 Filing 20 Stipulation-Selection of Mediator by Enhancedcare, Inc.(Ostrander, F.) [Transferred from New York Western on 2/5/2021.]
August 11, 2020 Filing 19 MEMORANDUM in Opposition re #16 MOTION for Judgment on the Pleadings filed by Enhancedcare, Inc.. (Attachments: #1 Declaration of F. Michael Ostrander, Esq. with attached Exhibits A-N, #2 Declaration of Randall Scott Hetrick, Esq., #3 Affidavit of Jerome J. Deluccio with attached Exhibit A)(Ostrander, F.) [Transferred from New York Western on 2/5/2021.]
August 7, 2020 Filing 18 RULE 26 DISCLOSURE by Attentive Health & Wellness, LLC, David Chaviers.(Aliasso, Anneliese) [Transferred from New York Western on 2/5/2021.]
July 13, 2020 Filing 17 TEXT SCHEDULING ORDER: On 7/10/2020, Defendants filed a #16 Motion for Judgment on the Pleadings. Plaintiff's response is due by 8/12/2020, and Defendant may file a reply within 15 days after Plaintiff's response is filed. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/13/2020. (JEH) [Transferred from New York Western on 2/5/2021.]
July 10, 2020 Filing 16 MOTION for Judgment on the Pleadings by Attentive Health & Wellness, LLC, David Chaviers. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Memorandum in Support, #9 Certificate of Service)(Aliasso, Anneliese) [Transferred from New York Western on 2/5/2021.]
July 10, 2020 Filing 15 RULE 26 DISCLOSURE by Attentive Health & Wellness, LLC, David Chaviers.(Aliasso, Anneliese) [Transferred from New York Western on 2/5/2021.]
July 10, 2020 Filing 14 RULE 26 DISCLOSURE by Enhancedcare, Inc..(Ostrander, F.) [Transferred from New York Western on 2/5/2021.]
July 7, 2020 Opinion or Order Filing 13 ORDER granting the request for a two-week extension of the 7/8/20 deadline to file a stipulation confirming a mediator selection. Signed by Hon. Marian W. Payson on 7/7/20. (CAM) [Transferred from New York Western on 2/5/2021.]
June 10, 2020 Filing 12 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 6/10/2020. Appearances: J. Michael Ostrander, Esq. for plaintiff, David G. Burch, Esq. for defendants. (KAH) [Transferred from New York Western on 2/5/2021.]
June 10, 2020 Opinion or Order Filing 11 SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Telephone Status Conference set for 1/20/2021 11:40 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. Stipulation of Selection of Mediator due by 7/8/2020. First Mediation Session due by 9/2/2020. Mediation To End by 11/2/2020. Mandatory Disclosures due by 7/10/2020. Motions to Join Parties/Amend Pleadings due by 1/11/2021. Fact Discovery to be completed by 2/10/2021. Motions to Compel Discovery due by 1/11/2021. Plaintiff Expert Witness ID due by 3/10/2021. Defendant Expert Witness ID due by 3/10/2021. Expert Discovery to be completed by 4/12/2021. Dispositive Motions due by 6/10/2021. Signed by Hon. Marian W. Payson on 6/10/2020. (KAH) [Transferred from New York Western on 2/5/2021.]
April 29, 2020 Opinion or Order Filing 9 ORDER (Telephone Scheduling Conference set for 6/10/2020 10:40 AM before Hon. Marian W. Payson. Counsel will be provided dial-in instructions by email prior to the conference.) Signed by Hon. Marian W. Payson on 4/29/2020. (KAH) [Transferred from New York Western on 2/5/2021.]
March 27, 2020 Filing 8 TEXT ORDER REFERRING CASE to Hon. Marian W. Payson, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the Magistrate Judge's chambers or the Clerk of Court's office. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/27/2020. (JEH) [Transferred from New York Western on 2/5/2021.]
March 27, 2020 Filing 7 Corporate Disclosure Statement by Enhancedcare, Inc.. (Ostrander, F.) [Transferred from New York Western on 2/5/2021.]
March 27, 2020 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF) [Transferred from New York Western on 2/5/2021.]
March 26, 2020 Filing 6 ANSWER to Complaint by Attentive Health & Wellness, LLC, David Chaviers.(Burch, David) [Transferred from New York Western on 2/5/2021.]
March 24, 2020 E-Filing Notification: Case caption correct, incorrect case number. RE #4 NOTICE of Appearance by F. Michael Ostrander on behalf of Enhancedcare, Inc. Ostrander, F. No action required. (TF) [Transferred from New York Western on 2/5/2021.]
March 23, 2020 Filing 5 NOTICE of Appearance by Anneliese Rae Aliasso on behalf of Attentive Health & Wellness, LLC, David Chaviers (Aliasso, Anneliese) [Transferred from New York Western on 2/5/2021.]
March 23, 2020 Filing 4 NOTICE of Appearance by F. Michael Ostrander on behalf of Enhancedcare, Inc. (Ostrander, F.) [Transferred from New York Western on 2/5/2021.]
March 23, 2020 Case assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (CGJ) [Transferred from New York Western on 2/5/2021.]
March 23, 2020 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) [Transferred from New York Western on 2/5/2021.]
March 23, 2020 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) [Transferred from New York Western on 2/5/2021.]
March 20, 2020 Filing 3 Corporate Disclosure Statement by Attentive Health & Wellness, LLC. (Burch, David) [Transferred from New York Western on 2/5/2021.]
March 20, 2020 Filing 2 CONTINUATION OF EXHIBITS Civil Cover Sheet. (Burch, David) [Transferred from New York Western on 2/5/2021.]
March 20, 2020 E-Filing Notification: Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category.(CGJ) [Transferred from New York Western on 2/5/2021.]
March 19, 2020 Filing 1 NOTICE OF REMOVAL by David Chaviers, individually, and d/b/a Attentive Health & Wellness, LLC, Attentive Health & Wellness, LLC from New York State Supreme Court, Monroe County, case number E2019011206. (Filing fee $ 400 receipt number 0209-3774326), filed by David Chaviers, individually, and d/b/a Attentive Health & Wellness, LLC, Attentive Health & Wellness, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Burch, David) [Transferred from New York Western on 2/5/2021.]

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Search for this case: Enhancedcare, Inc. v. Attentive Health & Wellness, LLC et al
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Plaintiff: Enhancedcare, Inc. doing business as enhancedcareMD
Represented By: F. Michael Ostrander
Represented By: R Scott Hetrick
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Defendant: David Chaviers individually doing business as Attentive Health & Wellness LLC
Represented By: David G. Burch
Represented By: Anneliese Rae Aliasso
Represented By: Xan Peyton Ingram
Represented By: Alan D Mathis
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Defendant: Attentive Health & Wellness LLC
Represented By: David G. Burch
Represented By: Anneliese Rae Aliasso
Represented By: Xan Peyton Ingram
Represented By: Alan D Mathis
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