Meyers et al v. Renal Treatment Centers-Southeast, LP et al
| Katharina Meyer, Alabma Kidney Care, Inc. and Katharina Meyers |
| Renal Treatment Centers-Southeast, LP, Davita, Inc., Arif Muhammad Yusufi, Vicki Burrier, Elizabeth Brennen, Karin Lipe, Felicia Amerson, Kami Ates and Dr. Muhammad Arif Yusufi |
| 1:2023cv00390 |
| October 13, 2023 |
| US District Court for the Southern District of Alabama |
| P Bradley Murray |
| William H Steele |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.
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Filing 39
TEXT-ONLY ORDER Setting Scheduling Conference: On December 7, 2023, the parties filed their Rule 26(f) Report [Doc. 38]. The undersigned Magistrate Judge will conduct a Rule 16(b) scheduling conference on January 4, 2024, at 9:30 a.m., in Courtroom 5A, United States Courthouse, Mobile, Alabama, because bringing the parties and the Court together at this stage promotes efficiency in the litigation process, helps avoid discovery disputes, provides a clearer path to pretrial resolution, and allows counsel to pose questions to the Court. See Fed. R. Civ. P. 16(b)(1)(B). Out of town counsel may attend the scheduling conference by telephone in lieu of attendance in person by filing a notice with the Court and using the following numbers for the conference call: CALL IN NO.: 571-353-2301 and Guest ID: 002111803. Signed by Magistrate Judge P. Bradley Murray on 12/11/2023. (aws)
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REFERRAL OF #38 Report of Rule 26(f) Planning Meeting to Judge P. Bradley Murray. (jmr)
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Filing 38
REPORT of Rule 26(f) Planning Meeting . (Kirby, Cason)
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Filing 37
MOTION for Leave to File Surreply to Pl. Motion to Remand filed by Muhammad Arif Yusufi. (Attachments: #1 Exhibit SURREPLY TO PL. MOTION TO REMAND) (Gerheim, Jordan)
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MOTIONS REFERRED: #37 MOTION for Leave to File Surreply to Pl. Motion to Remand referred to Judge Steele. (cjr)
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REFERRAL OF #36 Reply to Response to Motion, to Judge Steele. (cjr)
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Filing 36
REPLY to Response to Motion #23 Reply to Defendants' Joint Response in Opposition to Plaintiffs' Motion to Remand (DOC 30) filed by Alabma Kidney Care, Inc., Katharina Meyers. (Attachments: #1 Affidavit Affidavit of Lisa Cullen) (Spencer, John)
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Filing 35
REPLY to #22 Objection, #28 Reply, Plaintiffs' Reply to Renal Treatment Defendants' Response in Opposition to Plaintiffs' Objection to Supplemental Brief in Support of Amount in Controversy (DOC 28) filed by Alabma Kidney Care, Inc., Katharina Meyers. (Attachments: #1 Exhibit Email between counsel) (Spencer, John)
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Filing 34
REPLY to Response to Motion #25 Reply to Renal Treatment Defendants' Response in Opposition to Plaintiffs' Motion to Vacate (DOC 29) filed by Alabma Kidney Care, Inc., Katharina Meyers. (Spencer, John)
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Filing 33
REPLY to Response to Motion #24 Reply to Renal Treatment Defendants' Response in Opposition to Plaintiffs' Motion to Stay Consideration of Remand Pending Discovery filed by Alabma Kidney Care, Inc., Katharina Meyers. (Spencer, John)
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Filing 32
Objection Objection to Renal Treatment Defednants' Response in Opposition to Plainitffs' Objection to Supplemental Brief in Support of Amount in Controversy (DOC 28) and Objection to Declaration of Charles W. Prueter (DOC 28-1) filed by Alabma Kidney Care, Inc., Katharina Meyers. (Spencer, John)
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REFERRAL OF #35 Reply, #34 Reply to Response to Motion, #32 Objection, #33 Reply to Response to Motion, to Judge Steele. (cjr)
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REFERRAL OF #29 Response in Opposition to Motion, #31 Response in Opposition to Motion, #28 Reply, #30 Response in Opposition to Motion, to Judge Steele. (cjr)
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Filing 31
RESPONSE in Opposition re #24 MOTION to Stay re #23 MOTION to Remand Motion to Stay Consideration of Motion to Remand Pending Discovery and Motion for Leave to Conduct Limited Discovery Concerning Muhammad Arif Yusufi's Citizenship filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP. (Childs, Larry)
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Filing 30
RESPONSE in Opposition re #23 MOTION to Remand Joint Response in Opposition to Plaintiffs' Motion to Remand filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP, Muhammad Arif Yusufi. (Attachments: #1 Exhibit A - Affidavit of Muhammad Yusufi) (Childs, Larry)
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Filing 29
RESPONSE in Opposition re #25 MOTION to Vacate November 7, 2023 Order Re Amount in Controversy (DOC 21) filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP. (Childs, Larry)
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Filing 28
REPLY to #22 Objection, Renal Treatment Defendants' Response in Opposition to Plaintiffs' Objection to Supplemental Brief in Support of Amount in Controversy filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP. (Attachments: #1 Exhibit A - Declaration of Prueter, #2 Exhibit B - November 3, 2023 Email to Spencer, #3 Exhibit C - November 6, 2023 Email to Spencer) (Childs, Larry)
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Filing 27
ORDER Setting Motion and Objection Deadlines re: #22 Objection, #23 MOTION to Remand, #25 MOTION to Vacate, #24 MOTION to Stay. Responses due by 11/27/2023; Replies due by 12/4/2023; Motion to be taken under submission on 12/4/2023. Plaintiff's #26 motion regarding briefing on the pending motions to dismiss, is granted in part. Briefing on those motions is stayed pending further order of the Court. To the extend the plaintiff's motion seeks other or additional relief, it is denied. Signed by District Judge William H. Steele on 11/13/2023. (cjr)
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REFERRAL OF #22 Objection, to Judge Steele. (cjr)
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MOTIONS REFERRED: #23 MOTION to Remand, #24 MOTION to Stay, #25 MOTION to Vacate and #26 MOTION to Vacate, referred to Judge Steele. (cjr)
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Filing 26
MOTION to Vacate Orders of November 7, 2023 or, Alternatively, for Additional Time to Respond to Motions to Partially Dismiss filed by All Plaintiffs. (Spencer, John)
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Filing 25
MOTION to Vacate November 7, 2023 Order Re Amount in Controversy (DOC 21) filed by All Plaintiffs. (Spencer, John)
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Filing 24
MOTION to Stay re #23 MOTION to Remand Motion to Stay Consideration of Motion to Remand Pending Discovery and Motion for Leave to Conduct Limited Discovery Concerning Muhammad Arif Yusufi's Citizenship filed by All Plaintiffs. (Attachments: #1 Exhibit Plaintiffs' Interrogatories and Requests for Production to Defendant, Muhammad Arif Yusufi) (Spencer, John)
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Filing 23
MOTION to Remand filed by Alabma Kidney Care, Inc., Katharina Meyers. (Spencer, John)
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Filing 22
Objection re: #18 Brief, Objection to Renal Treatment Defendants' Supplemental Brief in Support of Amount in Controversy (DOC 18) and Objection to Affidavit of Counsel, Larry Childs (DOC 18-1) filed by Alabma Kidney Care, Inc.. (Attachments: #1 Affidavit Affidavit of J. Robert Turnipseed) (Spencer, John)
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Filing 21
ORDER: The Court concludes that the defendants have shown by a preponderance of the evidence that the amount in controversy more likely than not exceeds the jurisdictional threshold. Should the plaintiffs disagree, they are ordered to file and serve any motion to remand for lack of subject matter jurisdiction on or before 11/20/2023, as set out. Signed by District Judge William H. Steele on 11/07/2023. (cjr)
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Filing 20
Order Setting Motion Deadlines re: #14 MOTION to Partially Dismiss filed by Muhammad Arif Yusufi. Responses due by 11/20/2023; Replies due by 11/30/2023; Motion to be taken under submission on 11/30/2023. Signed by District Judge William H. Steele on 11/07/2023. (cjr)
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Filing 19
Order Setting Motion Deadlines re: #10 MOTION to Partially Dismiss Plaintiffs' Complaint filed by Felicia Amerson, Davita, Inc., Elizabeth Brennen, Renal Treatment Centers-Southeast, LP, Kami Ates, Karin Lipe, Vicki Burrier. Responses due by 11/20/2023; Replies due by 11/30/2023; Motion to be taken under submission on 11/30/2023. Signed by District Judge William H. Steele on 11/07/2023. (cjr)
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REFERRAL OF #18 Brief, to Judge Steele. (cjr)
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Filing 18
Brief filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP re #1 Notice of Removal, Supplemental Brief in Support of Amount in Controversy filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP. (Attachments: #1 Exhibit A - Affidavit of Larry Childs) (Childs, Larry)
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REFERRAL OF 17 Sealed Document(s) to Judge Steele. (fz)
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Filing 16
ORDER re: #1 Notice or Removal. The defendants are ORDERED to file and serve, on or before 11/8/2023 their supplemental briefing and/or evidentiary material as set out. Signed by District Judge William H. Steele on 10/25/2023. (fz)
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MOTIONS REFERRED: #14 MOTION to Dismiss to Judge Steele. (fz)
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Filing 15
ANSWER to Complaint by Muhammad Arif Yusufi. (Gerheim, Jordan)
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Filing 14
MOTION to Dismiss filed by Muhammad Arif Yusufi. (Gerheim, Jordan)
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Filing 13
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 12/7/2023. Signed by Magistrate Judge P. Bradley Murray on 10/23/2023. (Attachments: #1 Consent to Magistrate Judge) (fz)
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Filing 12
ANSWER to Complaint by Renal Treatment Centers-Southeast, LP. (Childs, Larry)
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Filing 11
Memorandum in Support re #10 MOTION to Dismiss Motion to Partially Dismiss Plaintiffs' Complaint filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP. (Childs, Larry)
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Filing 10
MOTION to Dismiss Motion to Partially Dismiss Plaintiffs' Complaint filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP. (Childs, Larry)
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MOTIONS REFERRED: #8 Unopposed MOTION for leave to Seal Document Unopposed Motion for Leave to File Document Under Seal to Judge Steele. (fz)
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MOTIONS REFERRED: #10 MOTION to Dismiss Motion to Partially Dismiss Plaintiffs' Complaint to Judge Steele. (fz)
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REFERRAL OF #9 Notice of filing Proposed Order, to Judge Steele. (fz)
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REFERRAL OF #11 Memorandum in Support, to Judge Steele. (fz)
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Filing 9
NOTICE of Filing Proposed Order by Kami Ates, Renal Treatment Centers-Southeast, LP, Davita, Inc., Vicki Burrier, Karin Lipe, Felicia Amerson, Elizabeth Brennen re: #8 Unopposed MOTION for leave to Seal Document Unopposed Motion for Leave to File Document Under Seal Proposed Order granting Renal Treatment Defendants' Unopposed Motion for Leave to File Document under Seal (Kirby, Cason)
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Filing 8
Unopposed MOTION for leave to Seal Document Unopposed Motion for Leave to File Document Under Seal filed by Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP. (Kirby, Cason)
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Filing 7
Document endorsed NOTED by Magistrate Judge P. Bradley Murray: Corporate Disclosure Statement #5 filed by Davita, Inc., Renal Treatment Centers-Southeast, LP. A review of the Disclosure Statement reveals no reason to believe that there are potential conflicts of interest that would require disqualification or recusal in this action. (aws)
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Filing 6
Document endorsed NOTED by District Judge William H. Steele: Corporate Disclosure Statement #5 filed by Davita, Inc.; Renal Treatment Centers-Southeast, LP. (Steele, William)
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MOTIONS REFERRED: #8 Unopposed MOTION for leave to Seal Document Unopposed Motion for Leave to File Document Under Seal to Judge P. Bradley Murray. (fz)
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REFERRAL OF #9 Notice of filing Proposed Order, to Judge Murray. (fz)
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Filing 5
Corporate Disclosure Statement filed by Defendants Davita, Inc., Renal Treatment Centers-Southeast, LP. (Kirby, Cason)
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Filing 4
NOTICE of Appearance by Cason Michael Kirby on behalf of Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP (Kirby, Cason)
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Answer due from Felicia Amerson on 10/23/2023; Kami Ates on 10/23/2023; Elizabeth Brennen on 10/23/2023; Vicki Burrier on 10/23/2023; Davita, Inc. on 10/23/2023; Karin Lipe on 10/23/2023; Renal Treatment Centers-Southeast, LP on 10/23/2023 pursuant to FRCP 81(c)(2). (fz)
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Filing 3
NOTICE of Appearance by Brant Jackson Biddle on behalf of Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP (Biddle, Brant)
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Filing 2
NOTICE of Appearance by Larry B. Childs on behalf of Felicia Amerson, Kami Ates, Elizabeth Brennen, Vicki Burrier, Davita, Inc., Karin Lipe, Renal Treatment Centers-Southeast, LP (Childs, Larry)
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Filing 1
NOTICE OF REMOVAL ( Filing fee $ 402, Receipt number AALSDC-3285419, Online Credit Card Payment), filed by Kami Ates, Renal Treatment Centers-Southeast, LP, Davita, Inc., Vicki Burrier, Karin Lipe, Felicia Amerson, Elizabeth Brennen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Childs, Larry) (Additional attachment(s) added on 10/16/2023: #5 Civil Cover Sheet) (jmr).
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