WILMOTH et al v. AZAR
Petitioner: EDWIN R. BANKS
Respondent: Alex M Azar, II
Case Number: 5:2020cv00565
Filed: April 24, 2020
Court: US District Court for the Northern District of Alabama
Presiding Judge: Liles C Burke
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 42:1395
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2020 Filing 38 ***SEALED ADMINISTRATIVE RECORD (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C Part 1, #4 Exhibit C Part 2, #5 Exhibit C Part 3, #6 Exhibit C Part 4, #7 Exhibit C Part 5, #8 Exhibit C Part 6, #9 Exhibit C Part 7, #10 Exhibit C Part 8, #11 Exhibit C Part 9, #12 Exhibit C Part 10, #13 Exhibit C Part 11, #14 Exhibit C Part 12, #15 Exhibit C Part 13, #16 Exhibit C Part 14, #17 Exhibit C Part 15, #18 Exhibit C Part 16, #19 Exhibit C Part 17) (AHI)
June 11, 2020 Filing 37 RESPONSE in Opposition to #31 MOTION for Summary Judgment and Brief In Support Thereof and Defendant's CROSS-MOTION for Summary Judgment filed by Alex M Azar, II. (Long, Don) Modified on 6/12/2020 (AHI).
May 28, 2020 Filing 36 ANSWER to Complaint by Alex M Azar, II.(Long, Don)
May 18, 2020 Opinion or Order Filing 35 TEXT ORDER granting #33 Motion to Seal. The administrative record may be filed under seal. Signed by Judge Liles C Burke on 5/18/2020. (KBW)
May 18, 2020 Opinion or Order Filing 34 TEXT ORDER granting #32 Motion for Extension of Time. The defendant's response to the plaintiff's motion for summary judgment is due on June 11, 2020. The plaintiff's reply shall be filed on or before June 25, 2020. Signed by Judge Liles C Burke on 5/18/2020. (KBW)
May 18, 2020 Filing 33 Unopposed MOTION to Seal Administrative Record by Alex M Azar, II. (Long, Don)
May 16, 2020 Filing 32 Unopposed MOTION for Extension of Time by Alex M Azar, II. (Long, Don)
May 14, 2020 Filing 31 MOTION for Summary Judgment and Brief In Support Thereof by EDWIN R. BANKS. (Attachments: #1 Exhibit A - Declaration of James Pistorino)(Baugh, Robert)
May 4, 2020 Opinion or Order Filing 30 TEXT ORDER granting #29 Motion to Substitute Attorney. Signed by Judge Liles C Burke on 5/4/2020. (KBW)
April 30, 2020 Filing 29 MOTION to Substitute Attorney (Unopposed) by Alex M Azar, II. (Long, Don)
April 30, 2020 Opinion or Order Filing 28 ORDER: Plaintiff is to file his amended motion for summary judgment by 5/14/2020; defendant is to file his answer to the complaint and any response to the motion for summary judgment by 5/28/2020; defendant is also to serve a copy of the administrative record by 5/28/2020; reply, if any, to motion for summary judgment is due by 6/8/2020. Signed by Judge Liles C Burke on 4/30/2020. (AHI)
April 30, 2020 Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 4/30/2020; Robert Baugh and James Pistorino present for plaintiff. (SPT )
April 29, 2020 Opinion or Order Filing 27 TEXT ORDER granting #26 Motion for Leave to Appear pro hac vice. Signed by Judge Liles C Burke on 4/29/2020. (KBW)
April 29, 2020 PHV Fee paid: $ 75, receipt number 1126-3580718 (B4601105609). (Baugh, Robert) Modified on 4/30/2020 (AHI).
April 29, 2020 Filing 26 MOTION for Leave to Appear Pro Hac Vice by EDWIN R. BANKS. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Baugh, Robert)
April 28, 2020 Filing 25 NOTICE of Appearance by Meghan Salvati Cole on behalf of EDWIN R. BANKS (Cole, Meghan)
April 28, 2020 Filing 24 NOTICE of Appearance by Robert Richardson Baugh on behalf of EDWIN R. BANKS (Baugh, Robert)
April 28, 2020 Opinion or Order Filing 23 INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Liles C Burke on 4/28/2020. (AHI)
April 28, 2020 Opinion or Order Filing 22 TEXT ORDER: Telephone Status Conference is set for 4/30/2020 at 10:30 a.m. CST before Judge Liles C Burke; dial in instructions will be emailed to counsel. Signed by Judge Liles C Burke on 4/28/20. (SPT)
April 24, 2020 Filing 21 Case transferred in from District of District of Columbia; Case Number 1:19-cv-03556. Original file certified copy of transfer order and docket sheet received.
April 13, 2020 Opinion or Order Filing 20 ORDER denying #11 Motion to Dismiss. Plaintiffs' claims are hereby severed and transferred in accordance with this Order. Each transferee court shall set its own schedule for filing amended complaints and setting schedules for responses and filing the administrative records. Signed by Judge Royce C. Lamberth on 04/13/2020. (lcrcl2) [Transferred from District of Columbia on 4/24/2020.]
April 13, 2020 Opinion or Order Filing 19 ORDER granting #12 Motion to Stay re #10 Order on Motion for Extension of Time. The Court's January 9, 2020, Order #10 setting forth deadlines for Defendant to Produce the Administrative Record, Respond to Complaint and Motion for Summary Judgment is VACATED pending resolution of Defendant's Motion to Dismiss for Improper Venue. Signed by Judge Royce C. Lamberth on 04/13/2020. (lcrcl2) [Transferred from District of Columbia on 4/24/2020.]
March 9, 2020 Filing 18 RESPONSE to Plaintiff's Notice of Defendant's Non-Compliance by ALEX M. AZAR, II re #17 Notice (Other) (Moustakas, John) Modified text on 3/16/2020 (jf). [Transferred from District of Columbia on 4/24/2020.]
March 5, 2020 Filing 17 NOTICE of Defendant's Non-Compliance by EDWIN R. BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR (Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
February 19, 2020 Filing 16 REPLY to opposition to motion re #12 MOTION to Stay re #10 Order on Motion for Extension of Time to, filed by ALEX M. AZAR, II. (Moustakas, John) [Transferred from District of Columbia on 4/24/2020.]
February 12, 2020 Filing 15 REPLY to opposition to motion re #11 MOTION to Dismiss For Improper Venue and Memorandum in Support filed by ALEX M. AZAR, II. (Moustakas, John) [Transferred from District of Columbia on 4/24/2020.]
February 11, 2020 Filing 14 Memorandum in opposition to re #12 MOTION to Stay re #10 Order on Motion for Extension of Time to, filed by EDWIN R. BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR. (Attachments: #1 Text of Proposed Order)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
February 6, 2020 Filing 13 Memorandum in opposition to re #11 MOTION to Dismiss For Improper Venue and Memorandum in Support filed by EDWIN R. BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR. (Attachments: #1 Text of Proposed Order)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
January 28, 2020 Filing 12 MOTION to Stay re #10 Order on Motion for Extension of Time to, by ALEX M. AZAR, II (Attachments: #1 Declaration Declaration of Angela K. Roach)(Moustakas, John) [Transferred from District of Columbia on 4/24/2020.]
January 23, 2020 Filing 11 MOTION to Dismiss For Improper Venue and Memorandum in Support by ALEX M. AZAR, II (Moustakas, John) [Transferred from District of Columbia on 4/24/2020.]
January 14, 2020 Set/Reset Deadlines: Administrative Record due by 2/28/2020. (lsj) [Transferred from District of Columbia on 4/24/2020.]
January 9, 2020 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time for Defendant to Produce the Administrative Record, Respond to Complaint and Motion for Summary Judgment. Defendant shall have until February 28, 2020, to serve a copy of the administrative record upon each plaintiff and respond to plaintiffs' complaint and motion for summary judgment. Signed by Judge Royce C. Lamberth on 01/09/2020. (lcrcl2) [Transferred from District of Columbia on 4/24/2020.]
January 8, 2020 Filing 9 Joint MOTION for Extension of Time to for Defendant to Produce the Administrative Record, Respond to Complaint and Motion for Summary Judgment by EDWIN R. BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR (Attachments: #1 Text of Proposed Order)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
December 16, 2019 Opinion or Order Filing 8 ORDER granting #6 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for ins tructions. Signed by Judge Royce C. Lamberth on 12/13/2019. (lcrcl2) [Transferred from District of Columbia on 4/24/2020.]
December 13, 2019 Filing 7 ERRATA (Revised Declaration of James C. Pistorino) by EDWIN R. BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR #6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James C. Pistorino, Filing fee $ 100, receipt number ADCDC-6645013. Fee Status: Fee Paid. filed by ROY WILMOTH, JR., EDWIN R. BANKS, MAUREEN PIEKANSKI. (Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
December 13, 2019 Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James C. Pistorino, Filing fee $ 100, receipt number ADCDC-6645013. Fee Status: Fee Paid. by EDWIN R. BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR (Attachments: #1 Declaration of James C. Pistorino, #2 Text of Proposed Order)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
December 13, 2019 Filing 5 ERRATA by EDWIN R. BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR #2 MOTION for Summary Judgment filed by ROY WILMOTH, JR., EDWIN R. BANKS, MAUREEN PIEKANSKI. (Attachments: #1 (Corrected) Memorandum of Points and Authorities in Support of Motion for Summary Judgment)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
December 13, 2019 Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 12/4/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/02/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/2/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 1/31/2020.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
November 26, 2019 Filing 3 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zrdj) [Transferred from District of Columbia on 4/24/2020.]
November 26, 2019 Case Assigned to Judge Royce C. Lamberth. (zrdj) [Transferred from District of Columbia on 4/24/2020.]
November 26, 2019 Filing 2 MOTION for Summary Judgment by EDWIN R BANKS, MAUREEN PIEKANSKI, ROY WILMOTH, JR (Attachments: #1 Memorandum in Support, #2 Declaration of James C. Pistorino, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Text of Proposed Order)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]
November 26, 2019 Filing 1 COMPLAINT against ALEX M. AZAR, II with Jury Demand ( Filing fee $ 400 receipt number ADCDC-6594550) filed by ROY WILMOTH, JR, MAUREEN PIEKANSKI, EDWIN R BANKS. (Attachments: #1 Civil Cover Sheet, #2 Summons Secretary Alex Azar, #3 Summons US Attorney General, #4 Summons US Attorney)(Herbst, Daniel) [Transferred from District of Columbia on 4/24/2020.]

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Respondent: Alex M Azar, II
Represented By: John Moustakas
Represented By: Don B Long, III
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Petitioner: EDWIN R. BANKS
Represented By: Daniel Z. Herbst
Represented By: Meghan Salvati Cole
Represented By: Robert Richardson Baugh
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