Apogee Medical Management Incorporated v. St. Francis Hospital Incorporated
| Apogee Medical Management Incorporated |
| St. Francis Hospital Incorporated |
| 2:2018cv00863 |
| March 16, 2018 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Douglas L Rayes |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.
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Filing 30
ORDER dismissing this matter in its entirety, including any potential permissive or compulsory counterclaims or setoffs that could have been asserted by the Defendant in this matter, with prejudice, with each party to bear its own fees and costs. Signed by Judge Douglas L Rayes on 11/28/18. (EJA)
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| Filing 29 STIPULATION of Dismissal by Apogee Medical Management Incorporated. (Reynolds, Kenneth) |
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Filing 28
ORDER granting #27 Motion for Extension of Time to Answer extending the deadline for Defendant to file their Answer through and including November 30, 2018. Signed by Judge Douglas L Rayes on 11/07/2018. (KAS)
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| Filing 27 First MOTION for Extension of Time to File Answer re: #1 Complaint by Apogee Medical Management Incorporated. (Attachments: #1 Text of Proposed Order)(Reynolds, Kenneth) |
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Filing 26
*ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 1/25/2019 at 04:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 10/26/2018. (MMO) *Modified on 11/2/2018 to correct hearing date (MMO).
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Filing 25
ORDER denying St. Francis' #11 Motion to Dismiss or, alternatively, to transfer venue. Signed by Judge Douglas L Rayes on 10/23/18. (CLB)
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| Filing 24 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Oral Argument held on 10/16/2018 re: #11 Motion to Dismiss or Transfer filed by St. Francis Hospital Incorporated. Under advisement. APPEARANCES: Scott Reynolds and Thomas Koessl for Plaintiff. Brian Bergin and John Mumford for Defendant. (Court Reporter Jennifer Pancratz.) Hearing held 10:39 AM to 11:00 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Remark: Pro Hac Vice Motion granted for Thomas C Koessl on behalf of Plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
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Filing 23
ORDER granting #22 Joint Motion to Continue Oral Argument on Defendant's Motion to Dismiss or Transfer. The Oral Argument on Defendant's #11 Motion to Dismiss or Transfer scheduled for 9/6/2018 at 9:00 AM is vacated and reset to 10/16/2018 at 10:30 AM. Signed by Judge Douglas L Rayes on 8/24/2018. (MMO)
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| Remark: Pro hac vice motion granted for John B Mumford Jr. on behalf of defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 22 Joint MOTION to Continue ORAL ARGUMENT ON MOTION TO DISMISS/TRANSFER by Apogee Medical Management Incorporated. (Attachments: #1 Text of Proposed Order)(Reynolds, Kenneth) |
| Filing 21 MINUTE ORDER: Oral Argument as to #11 Motion to Dismiss set for 9/6/2018 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. To assist the court reporter, the parties shall prepare and bring to the oral argument a Table of Authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at the oral argument. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Filing 20 Corporate Disclosure Statement by St. Francis Hospital Incorporated. (Bergin, Brian) |
| Filing 19 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to St. Francis Hospital Incorporated. (MMO) |
| Filing 18 REPLY to Response to Motion re: #11 MOTION to Dismiss for Lack of Jurisdiction or Transfer filed by St. Francis Hospital Incorporated. (Attachments: #1 Exhibit Declaration of Mark Nantz and Exhibit A)(Bergin, Brian) |
| Filing 17 RESPONSE to Motion re: #11 MOTION to Dismiss for Lack of Jurisdiction or Transfer filed by Apogee Medical Management Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 2, #4 Exhibit 3)(Reynolds, Kenneth) |
| Filing 16 Additional Attachments to Main Document re: #11 MOTION to Dismiss for Lack of Jurisdiction or Transfer by Defendant St. Francis Hospital Incorporated. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4, #4 Exhibit Part 5, #5 Exhibit Part 6)(Bergin, Brian) |
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Filing 15
ORDER denying #12 Stipulation to File Under Seal. Signed by Judge Douglas L Rayes on 5/9/2018. (MMO)
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| Filing 14 NOTICE re: NOTICE OF FILING by Apogee Medical Management Incorporated AFFIDAVIT OF SERVICE. (Attachments: #1 Affidavit AFFIDAVIT OF SERVICE)(Reynolds, Kenneth) |
| Filing 13 SEALED LODGED Proposed Confidential Agreement attached as Exhibit 2 to Motion to Dismiss re: #12 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by St. Francis Hospital Incorporated. (Bergin, Brian) |
| Filing 12 MOTION to Seal Document by St. Francis Hospital Incorporated. (Attachments: #1 Text of Proposed Order)(Bergin, Brian) |
| Filing 11 *MOTION to Dismiss for Lack of Jurisdiction or MOTION to Transfer by St. Francis Hospital Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 3)(Bergin, Brian). *Modified to add MOTION on 5/2/2018 (EJA). |
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Filing 10
ORDER granting a one-time extension of time until 5/1/2018 to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. No further extensions will be granted. Signed by Judge Douglas L Rayes on 4/4/2018. (MMO)
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| Filing 9 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by St. Francis Hospital Incorporated. (Attachments: #1 Text of Proposed Order)(Bergin, Brian) |
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Filing 8
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 3/16/2018. (MMO)
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| Filing 7 Corporate Disclosure Statement by Apogee Medical Management Incorporated. (Reynolds, Kenneth) |
| Filing 6 Summons Issued as to St. Francis Hospital Incorporated. (KAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (KAS) |
| Filing 4 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Apogee Medical Management Incorporated. (KAS) |
| Filing 3 Filing fee paid, receipt number 0970-15276764. This case has been assigned to the Honorable Judge Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-18-863-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KAS) |
| Filing 2 SUMMONS Submitted by Apogee Medical Management Incorporated. (Submitted by Kenneth Reynolds)(KAS) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15276764 filed by Apogee Medican Management Incorporated.(Submitted by Kenneth Reynolds) (Attachments: #1 Civil Cover Sheet)(KAS) |
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