Boone's Pharmacy Inc. v. EzriRx LLC
| EzriRx LLC |
| Boone's Pharmacy Inc. |
| 2:2022cv00375 |
| September 21, 2022 |
| US District Court for the Southern District of Alabama |
| Jeffrey U Beaverstock |
| Katherine P Nelson |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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Filing 66
Document endorsed NOTED by Chief District Judge Jeffrey U. Beaverstock: Stipulation of Dismissal #65 filed by Boone's Pharmacy Inc. All claims and counterclaims asserted, or that could have been asserted, by Plaintiff and Defendant, are dismissed with prejudice. All claims of the putative class are hereby dismissed without prejudice. (jil)
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Filing 65
STIPULATION of Dismissal Joint Stipulation of Dismissal by Boone's Pharmacy Inc.. (McFerrin, James)
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REFERRAL OF #65 Stipulation of Dismissal to Judge Beaverstock. (fz)
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Filing 64
ENDORSED ORDER granting #63 Amended Third and Final Motion for Extension of Time. Responses to Motion for Reconsideration (Doc. 52) due by 11/02/2023; Replies due by 11/07/2023. Responses to Motion to Stay Discovery (Doc. 56) due by 11/02/2023; Replies due by 11/07/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 10/16/2023. (jil)
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MOTIONS REFERRED: #63 Third MOTION for Extension of Time (Defendant's Amended Third and Final Motion to Extend Deadlines), #62 Unopposed MOTION for Extension of Time (Defendant's Third and Final Unopposed Motion to Extend Deadlines) referred to Judge Beaverstock. (mbp)
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Filing 63
Third MOTION for Extension of Time (Defendant's Amended Third and Final Motion to Extend Deadlines) filed by EzriRx LLC. (Watstein, Ryan)
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Filing 62
Unopposed MOTION for Extension of Time (Defendant's Third and Final Unopposed Motion to Extend Deadlines)) filed by EzriRx LLC. (Watstein, Ryan)
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Filing 61
ENDORSED ORDER granting #60 Motion for Extension of Time. Responses to Motion for Reconsideration (Doc. 52) due by 10/12/2023; Replies due by 10/19/2023. Responses to Motion to Stay Discovery (Doc. 56) due by 10/12/2023; Replies due by 10/19/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 09/29/2023. (jil)
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Filing 60
Unopposed MOTION for Extension of Time (Defendant's Second Unopposed Motion to Extend Deadlines) filed by EzriRx LLC. (Watstein, Ryan)
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MOTIONS REFERRED: #60 Unopposed MOTION for Extension of Time (Defendant's Second Unopposed Motion to Extend Deadlines) to Judge Katherine P. Nelson. (fz)
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MOTIONS REFERRED: #60 Unopposed MOTION for Extension of Time (Defendant's Second Unopposed Motion to Extend Deadlines) to Judge Beaverstock. (fz)
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Filing 59
ENDORSED ORDER granting #58 Motion for Extension of Time. Responses to Motion for Reconsideration (Doc. 52) due by 9/28/2023; Replies due by 10/05/2023. Responses to Motion to Stay Discovery (Doc. 56) due by 10/05/2023; Replies due by 10/12/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 09/11/2023. (jil)
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Filing 58
Unopposed MOTION for Extension of Time (Defendant's Unopposed Motion to Extend Deadlines) filed by EzriRx LLC. (Watstein, Ryan)
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MOTIONS REFERRED: #58 Unopposed MOTION for Extension of Time (Defendant's Unopposed Motion to Extend Deadlines) to Judge Katherine P. Nelson. (fz)
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MOTIONS REFERRED: #58 Unopposed MOTION for Extension of Time (Defendant's Unopposed Motion to Extend Deadlines) to Judge Beaverstock. (fz)
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Filing 57
TEXT ONLY Order Setting Briefing Deadlines re: #56 Plaintiff's motion to stay discovery and CANCELLING the telephonic conference set for tomorrow, September 7, 2023 at 10:30 a.m. which was set by the Court's prior order. (See Doc. #55 ). The District Judge assigned to this case referred said motion to the undersigned Magistrate Judge for appropriate action. (9/6/2023 elec. ref.). Defendant's brief in response to said motion, if any, must be filed and served NLT 9/21/2023. Plaintiff's brief in reply to the response, if any, must be filed and served NLT 9/28/2023. Motion to be taken under submission 9/29/2023. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of Court for good cause shown. Should the Court determine oral argument would be beneficial, a hearing will be set by separate order. Otherwise, this motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h) ("Oral argument requests must contain specific reasons why oral argument would be helpful."). Signed by Magistrate Judge Katherine P. Nelson on 9/6/2023. (pdo)
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Filing 56
MOTION to Stay Discovery filed by All Plaintiffs. (Carroll, Matthew)
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MOTIONS REFERRED: #56 MOTION to Stay Discovery to Judge Katherine P. Nelson. (fz)
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Set Hearings: Telephonic Scheduling Conference set for 9/7/2023 10:30 AM with Magistrate Judge Katherine P. Nelson. (cmj)
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Filing 55
Order re: #53 Report of Rule 26(f) Planning Meeting. Telephonic Scheduling Conference set for 9/7/2023 10:30 AM before Magistrate Judge Katherine P. Nelson. See order for call-in information. Signed by Magistrate Judge Katherine P. Nelson on 8/31/2023. (ctn)
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Filing 54
Order Setting Motion Deadline re: #52 MOTION for Reconsideration re #49 Order on Motion to Dismiss, or For Leave to Amend Complaint filed by Boone's Pharmacy Inc. Responses due by 9/13/2023; Replies due by 9/20/2023; Motion to be taken under submission on 9/21/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 8/30/23. (cmj)
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REFERRAL OF #53 Report of Rule 26(f) Planning Meeting to Judge Nelson. (cmj)
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Filing 53
REPORT of Rule 26(f) Planning Meeting . (Watstein, Ryan)
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MOTIONS REFERRED: #52 MOTION for Reconsideration re #49 Order on Motion to Dismiss, or For Leave to Amend Complaint to Judge Beaverstock (cmj)
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Filing 52
MOTION for Reconsideration re #49 Order on Motion to Dismiss, or For Leave to Amend Complaint filed by All Plaintiffs. (Carroll, Matthew)
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Filing 51
Order for parties to meet and file their Rule 26 meeting report. ( Rule 26 Meeting Report due by 8/29/2023.) Signed by Magistrate Judge Katherine P. Nelson on 8/16/23. (cmj)
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REFERRAL OF #50 Response to Order (doc. 49) that Defendant wishes to pursue counterclaim filed by EzriRx LLCto Judge Beaverstock. (cmj)
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Filing 50
Response to Order (doc. 49) that Defendant wishes to pursue counterclaim filed by EzriRx LLC. (Watstein, Ryan) Modified on 8/15/2023 (cmj).
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Filing 49
ORDER granting [29-1] Defendant's Motion to Dismiss Plaintiff's Amended Complaint. Defendant's [29-2] Motion to Strike is moot. In light of this Order, Defendant should notify the Court of whether it wishes to continue to pursue its counterclaims by written motion no later than 8/14/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 7/31/23. (cmj)
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Minute Entry for proceedings held before Chief District Judge Jeffrey U. Beaverstock: Motion Hearing held on 7/5/2023 re #29 MOTION to Dismiss for Failure to State a Claim and Defendant's Motion to Strike Class Allegations or Deny Class Certification filed by EzriRx LLC, #35 MOTION to Dismiss Defendant's Counterclaim filed by Boone's Pharmacy Inc. Court Reporter Cheryl Powell. (mbp)
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Filing 48
ORDER setting Motion Hearing on all pending motions on 7/5/2023 at 9:30 AM in US Courthouse, Courtroom 4A, 155 St. Joseph Street, Mobile, AL 36602 before Chief District Judge Jeffrey U. Beaverstock. Signed by Chief District Judge Jeffrey U. Beaverstock on 5/24/2023. (fz)
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REFERRAL OF #47 Reply to Response to Motion to Judge Beaverstock. (cmj)
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Filing 47
REPLY to Response to Motion #35 to Dismiss Counterclaim filed by Boone's Pharmacy Inc.. (Carroll, Matthew)
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REFERRAL OF #46 Response in Opposition to Motion, #45 Response in Support of Motion, #44 Response in Support of Motion to Judge Beaverstock. (cmj)
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Filing 46
RESPONSE in Opposition re #35 MOTION to Dismiss Defendant's Counterclaim filed by EzriRx LLC. (Watstein, Ryan)
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Filing 45
RESPONSE in Support re #29 MOTION to Dismiss Plaintiff's Amended Complaint filed by EzriRx LLC. (Watstein, Ryan) Modified on 4/26/2023 (cmj).
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Filing 44
RESPONSE in Support re #29 MOTION Strike Class Allegations or Deny Class Certification filed by EzriRx LLC. (Watstein, Ryan) Modified on 4/26/2023 (cmj).
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Filing 43
ENDORSED ORDER granting #41 Motion for Nathan D. Chapman to Withdraw as Attorney and #42 Motion for Michael S. Qin to Withdraw as Attorney. The Clerk is DIRECTED to administratively terminate Mr. Chapman and Mr. Qin as counsel of record for Defendant/Counter Claimant EzriRx LLC. Signed by Magistrate Judge Katherine P. Nelson on 4/12/2023. (pdo)
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MOTIONS REFERRED: #42 MOTION for Michael S Qin to Withdraw as Attorney and #41 MOTION for Nathan D. Chapman to Withdraw as Attorney Referred to Judge Katherine P. Nelson. (cmj)
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Filing 42
MOTION for Michael S Qin to Withdraw as Attorney filed by EzriRx LLC. (Qin, Michael)
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Filing 41
MOTION for Nathan D. Chapman to Withdraw as Attorney filed by EzriRx LLC. (Chapman, Nathan)
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Filing 40
NOTICE of Change of Address by Ryan Watstein (Watstein, Ryan)
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Filing 39
ENDORSED ORDER granting #38 Unopposed MOTION for Extension of Time to File Response/Reply to Motions to Dismiss and to Strike. Signed by Chief District Judge Jeffrey U. Beaverstock on 04/07/2023. (jil)
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Filing 38
Unopposed MOTION for Extension of Time to File Response/Reply to Motions to Dismiss and to Strike filed by EzriRx LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Watstein, Ryan)
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MOTIONS REFERRED: #38 Unopposed MOTION for Extension of Time to File Response/Reply to Motions to Dismiss and to Strike to Judge Beaverstock (cmj)
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Filing 37
Order Setting Motion Deadline re: #35 MOTION to Dismiss Defendant's Counterclaim filed by Boone's Pharmacy Inc. Responses due by 4/10/2023; Replies due by 4/17/2023; Motion to be taken under submission on 4/18/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 3/27/23. (cmj)
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Filing 36
ENDORSED ORDER granting #34 Motion for Leave to File Two Briefs in Opposition to Defendant's Motion to Dismiss and Strike. Signed by Chief District Judge Jeffrey U. Beaverstock on 03/24/2023. (jil)
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Filing 35
MOTION to Dismiss Defendant's Counterclaim filed by Boone's Pharmacy Inc.. (Carroll, Matthew)
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Filing 34
MOTION for Leave to File Two Briefs in Opposition to Defendant's Motion to Dismiss and Strike (#29) filed by Boone's Pharmacy Inc.. (Attachments: #1 Exhibit 1- Opposition to Motion to Dismiss and Motion to Strike, #2 Exhibit 2--Brief in Opposition to Motion to Dismiss First Amended Complaint, #3 Exhibit 3--Brief in Opposition to Motion to Strike Class Allegations) (Carroll, Matthew)
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MOTIONS REFERRED: #35 MOTION to Dismiss Defendant's Counterclaim to Judge Beaverstock (cmj)
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Filing 33
ENDORSED ORDER granting #32 Unopposed Motion for Extension of Time. Responses due by 3/27/2023; Replies due by 4/10/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 02/16/2023. (jil)
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MOTIONS REFERRED: #32 MOTION for Extension of Time Plaintiff's Unopposed Motion for Extension of Time to Judge Beaverstock (cmj)
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Filing 32
MOTION for Extension of Time Plaintiff's Unopposed Motion for Extension of Time filed by Boone's Pharmacy Inc.. (Carroll, Matthew)
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Filing 31
Order Setting Motion Deadline re: #29 MOTION to Dismiss for Failure to State a Claim and Defendant's Motion to Strike Class Allegations or Deny Class Certification filed by EzriRx LLC. Responses due by 2/23/2023; Replies due by 3/2/2023; Motion to be taken under submission on 3/3/2023.Signed by Chief District Judge Jeffrey U. Beaverstock on 2/9/23. (cmj)
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MOTIONS REFERRED: #29 MOTION to Dismiss for Failure to State a Claim and Defendant's Motion to Strike Class Allegations or Deny Class Certification to Judge Beaverstock (cmj)
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Filing 30
COUNTERCLAIM to Amended Complaint against Boone's Pharmacy Inc., filed by EzriRx LLC. (Watstein, Ryan)
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Filing 29
MOTION to Dismiss for Failure to State a Claim and Defendant's Motion to Strike Class Allegations or Deny Class Certification filed by EzriRx LLC. (Attachments: #1 Brief in Support of Defendant's Motion to Dismiss Plaintiff's Amended Complaint, #2 Brief in Support of Defendant's Motion to Strike Class Allegations or Deny Class Certification) (Watstein, Ryan)
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Filing 28
ENDORSED ORDER granting #27 Motion to Stay Rule 26(f) Conference Report requirement of the Preliminary Scheduling Order pending the Court's ruling on Defendant's forthcoming dispositive motion. The Rule 26(f) Conference Report is to be filed within 14 days of the aforementioned motion's resolution. Signed by Magistrate Judge Katherine P. Nelson on 1/9/2023. (pdo)
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Filing 27
Consent MOTION to Stay Rule 26(f) Conference Requirement filed by EzriRx LLC. (Watstein, Ryan)
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MOTIONS REFERRED: #27 Consent MOTION to Stay Rule 26(f) Conference Requirement Referred to Judge Katherine P. Nelson. (cmj)
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Filing 26
ENDORSED ORDER granting #25 Consent MOTION for Extension of Time to File Answer re #20 Amended Complaint. Answer due from EzriRx LLC on 2/8/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 12/30/2022. (jil)
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MOTIONS REFERRED: #25 Consent MOTION for Extension of Time to File Answer re #20 Amended Complaint to Judge Beaverstock (cmj)
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Filing 25
Consent MOTION for Extension of Time to File Answer re #20 Amended Complaint filed by EzriRx LLC. (Watstein, Ryan)
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Filing 24
ENDORSED ORDER granting #22 Motion to Appear Pro Hac Vice by Ryan D. Watstein; granting #23 Motion to Appear Pro Hac Vice by Michael S. Qin. Signed by Magistrate Judge Katherine P. Nelson on 12/28/2022. (pdo)
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Filing 23
MOTION and APPLICATION for Michael S. Qin to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3122272, Online Credit Card Payment) filed by EzriRx LLC. (Attachments: #1 Certificate of Good Standing) (Qin, Michael)
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MOTIONS REFERRED: #22 MOTION and APPLICATION for Ryan D. Watstein to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. Referred to Judge Katherine P. Nelson. (cmj)
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MOTIONS REFERRED: #23 MOTION and APPLICATION for Michael S. Qin to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. G Referred to Judge Katherine P. Nelson. (cmj)
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Filing 22
MOTION and APPLICATION for Ryan D. Watstein to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3122043, Online Credit Card Payment) filed by EzriRx LLC. (Attachments: #1 Attachment A, #2 Certificate of Good Standing) (Watstein, Ryan)
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Filing 21
Boone's Pharmacy's ANSWER to #18 Answer to Complaint, Counterclaim Asserted by Ezri Rx LLC by Boone's Pharmacy Inc.. (Carroll, Matthew)
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Filing 20
AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Carroll, Matthew)
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Filing 19
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 1/13/2023.. Signed by Magistrate Judge Katherine P. Nelson on 11/30/22. (Attachments: #1 Consent to Mag) (cmj)
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Filing 18
Defendant's ANSWER to #1 Complaint, and Affirmative Defenses, COUNTERCLAIM against Boone's Pharmacy Inc. by EzriRx LLC. (Chapman, Nathan)
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Filing 17
Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Amended Document #15 filed by EzriRx LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (pdo)
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Filing 16
Document endorsed NOTED by Chief District Judge Jeffrey U. Beaverstock: Amended Document #15 filed by EzriRx LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (jil)
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Filing 15
Amended Corporate Disclosure Statement. (Chapman, Nathan) Modified on 10/31/2022 (cmj).
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Filing 14
Order for defendant EzriRx LLC to file an amended disclosure statement, as set out. ( Disclosure Statement Due 11/4/2022.) Signed by Magistrate Judge Katherine P. Nelson on 10/28/22. (cmj)
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Filing 13
Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Corporate Disclosure Statement #10 filed by EzriRx LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (pdo)
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Filing 12
Document endorsed NOTED by Chief District Judge Jeffrey U. Beaverstock: Corporate Disclosure Statement #10 filed by EzriRx LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (jil)
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Filing 11
ENDORSED ORDER granting #9 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint. Answer due from EzriRx LLC on 11/28/2022. Signed by Chief District Judge Jeffrey U. Beaverstock on 10/27/2022. (jil)
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Filing 10
Corporate Disclosure Statement filed by Defendants EzriRx LLC, EzriCare LLC identifying Other Affiliate EzriCare LLC for EzriRx LLC.. (Chapman, Nathan)
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Filing 9
MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint filed by EzriRx LLC. (Chapman, Nathan)
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Filing 8
Summons Issued as to EzriRx LLC. Note to Counsel: The Summons have been issued. (cmj)
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Filing 7
NOTICE of Filing Proposed Summons by Boone's Pharmacy Inc. (Attachments: #1 Exhibit 1--Proposed Summons) (Carroll, Matthew)
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Filing 6
Service Order entered 9/29/2022. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 11/7/2022.. Signed by Chief District Judge Jeffrey U. Beaverstock on 9/29/22. (cmj)
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Filing 5
TEXT ONLY ORDER on #3 Corporate Disclosure Statement filed by Boone's Pharmacy Inc.. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 9/28/2022. (PDO)
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Filing 4
Document endorsed NOTED by Chief District Judge Jeffrey U. Beaverstock: Corporate Disclosure Statement #3 filed by Boone's Pharmacy Inc. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (jil)
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Filing 3
Corporate Disclosure Statement filed by Plaintiff Boone's Pharmacy Inc.. (Carroll, Matthew)
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Filing 2
TEXT-ONLY ORDER: Boone's Pharmacy Inc. is ORDERED to file a disclosure statement in compliance with both S.D. Ala. CivLR 7.1 (required of "[a]ll non-governmental artificial entities appearing as parties") and Fed. R. Civ. P. 7.1 (required of "nongovernmental corporate" parties) no later than 9/29/2022 (form available at: https://www.alsd.uscourts.gov/forms/all-forms). Signed by Magistrate Judge Katherine P. Nelson on 9/23/2022. (ctn)
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Filing 1
COMPLAINT with Jury Demand against EzriRx LLC ( Filing fee $402 receipt number AALSDC-3074983, Online Credit Card Payment), filed by Boone's Pharmacy Inc.. 90 day Rule 4m deadline set for 12/21/2022. (Attachments: #1 Exhibit A--September 15 Fax, #2 Exhibit B--September 19 Fax) (Carroll, Matthew) (Additional attachment(s) added on 9/23/2022: #3 Civil Cover Sheet) (cmj).
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| Counter defendant: Boone's Pharmacy Inc. | |
| Represented By: | James H. McFerrin |
| Represented By: | Matthew Carroll |
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| Defendant: EzriRx LLC | |
| Represented By: | Nathan David Chapman |
| Represented By: | Michael Sinan Qin |
| Represented By: | Ryan Watstein |
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