American Health Capital v. NextCare Holdings, Inc. et al
| AMERICAN HEALTH CAPITAL dba AMERICAN HEALTHCARE CAPITAL and American Health Capital a California corporation doing business as American HealthCare Capital |
| JEFF GERLACH, MOHAMMED ARSIWALA, DOES 1 through 50, inclusive., NEXTCARE HOLDINGS, INC., MICHIGAN URGENT AND PRIMARY CARE PHYSICIANS, P.C., BUSINESS HEALTH SOLUTIONS, P.C., Does 1 through 50, inclusive and Business Health Solutions, P.C. an Indiana cororation |
| 2:2021cv01716 |
| February 24, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Jean P Rosenbluth |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 33 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Eastern District of Michigan, 2:21-cv-12300 filed 9/30/2021. (iv) |
Filing 32
ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS (DKTS. #15 , #18 ); AND (2) TRANSFERRING ACTION TO EASTERN DISTRICT OF MICHIGAN by Judge Fernando L. Aenlle-Rocha. For the reasons stated above, the court GRANTS in part and DENIES in part Defendants' motions to dismiss. Dkts. #15 , #18 . This action is hereby TRANSFERRED to the United States District Court for the Eastern District of Michigan. IT IS SO ORDERED.( MD JS-6. Case Terminated ) (lom)
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| Filing 31 CASE MANAGEMENT STATEMENT filed by Plaintiff American Health Capital (Tatone, Michelangelo) |
| Filing 30 NOTICE Counsel's Unavailability filed by Plaintiff American Health Capital. (Tatone, Michelangelo) |
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Filing 29
TEXT ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that Defendants' Motion to Dismiss #15 and Defendants' Motion to Dismiss or Transfer #18 currently scheduled for hearing on April 16, 2021, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
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| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Lara Markarian counsel for Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C.. Adding Lara Markarian as counsel of record for Michigan Urgent and Primary Care Physicians, P.C., Mohammed Arsiwala and Business Health Solutions, P.C. for the reason indicated in the G-123 Notice. Filed by Defendants Michigan Urgent and Primary Care Physicians, P.C., Mohammed Arsiwala and Business Health Solutions, P.C.. (Attorney Lara Markarian added to party Mohammed Arsiwala(pty:dft), Attorney Lara Markarian added to party Business Health Solutions, P.C.(pty:dft), Attorney Lara Markarian added to party Michigan Urgent and Primary Care Physicians, P.C.(pty:dft))(Markarian, Lara) |
| Filing 27 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #15 filed by Defendants Jeff Gerlach, NextCare Holdings, Inc.. (Haas, Mary) |
| Filing 26 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case or Transfer to Eastern District of Michigan #18 filed by Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C.. (Attachments: #1 Declaration of Fred K. Herrmann (with Exhibit A))(Obi, Shawn) |
| Filing 25 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #15 filed by Plaintiff American Health Capital. (Attachments: #1 Declaration Declaration of Jack Eskenazi in Support of Opposition)(Tatone, Michelangelo) |
| Filing 24 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case or Transfer to Eastern District of Michigan #18 filed by Plaintiff American Health Capital. (Tatone, Michelangelo) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff American Health Capital identifying American Health Capital as Corporate Parent. (Tatone, Michelangelo) |
| Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff American Health Capital. upon Business Health Solutions, P.C. waiver sent by Plaintiff on 3/11/2021, answer due 5/10/2021. Waiver of Service signed by Fred Hermann, attorney for Business Health Solutions, P.C.. (Tatone, Michelangelo) |
| Filing 21 WAIVER OF SERVICE Returned Executed filed by Plaintiff American Health Capital. upon Mohammed Arsiwala waiver sent by Plaintiff on 3/11/2021, answer due 5/10/2021. Waiver of Service signed by Fred Hermann, attorney for Mohammed Arsiwala. (Tatone, Michelangelo) |
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Filing 20
ORDER GRANTING APPLICATION of Non-Resident Attorney Fred K. Herrmann to Appear Pro Hac Vice on behalf of Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C. and designating Shawn Obi as local counsel #19 by Judge Fernando L. Aenlle-Rocha (lc)
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| Filing 19 Amended APPLICATION of Non-Resident Attorney Fred K. Herrmann to Appear Pro Hac Vice on behalf of Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C. (Pro Hac Vice Fee - $500 Previously Paid on 3/2/2021, Receipt No. 30809345) filed by Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C.. (Attachments: #1 Proposed Order) (Obi, Shawn) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Case or Transfer to Eastern District of Michigan filed by Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C.. Motion set for hearing on 4/16/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration of Mohammed Ariwala, M.D. (with Exhibits A-B), #2 Proposed Order Granting Motion to Dismiss or Transfer) (Obi, Shawn) |
| Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Fred K. Herrmann to Appear Pro Hac Vice on behalf of Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C. (Pro Hac Vice Fee - $500 Fee Paid, Receipt #14 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lt) |
| Filing 16 CERTIFICATE OF SERVICE filed by Defendants Jeff Gerlach, NextCare Holdings, Inc., re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #15 served on March 3, 2021. (Haas, Mary) |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Jeff Gerlach, NextCare Holdings, Inc.. Motion set for hearing on 4/16/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration of Jeff Gerlach, #2 Declaration of Laura Becker, #3 Proposed Order) (Haas, Mary) |
| Filing 14 APPLICATION of Non-Resident Attorney Fred K. Herrmann to Appear Pro Hac Vice on behalf of Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30809345) filed by Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Michigan Urgent and Primary Care Physicians, P.C.. (Attachments: #1 Proposed Order) (Obi, Shawn) |
| Filing 13 CERTIFICATE OF SERVICE filed by Defendants Jeff Gerlach, NextCare Holdings, Inc., [INITIAL STANDING ORDER ] served on March 2, 2021. (Medeiros, Nicole) |
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Filing 12
INITIAL STANDING ORDER by Judge Fernando L. Aenlle-Rocha. (jre)
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| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Fred K. Herrmann behalf of Defendants Michigan Urgent and Primary Care Physicians, P.C., Business Health Solutions, P.C. and Mohammed Arsiwala. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Jean P. Rosenbluth. (et) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendants MOHAMMED ARSIWALA, BUSINESS HEALTH SOLUTIONS, P.C., MICHIGAN URGENT AND PRIMARY CARE PHYSICIANS, P.C., re Joinder (non-motion) #6 , Corporate Disclosure Statement #7 served on 2/24/2021 and 2/25/2021. (Obi, Shawn) |
| CONFORMED E-FILED COMPLAINT against Defendants Mohammed Arsiwala, Business Health Solutions, P.C., Does 1 through 50, inclusive, Jeff Gerlach, Michigan Urgent and Primary Care Physicians, P.C., NextCare Holdings, Inc. Jury Demanded., filed by Plaintiff American Health Capital. [FILED IN STATE COURT ON 1/20/2021 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL #1 . (et) |
| CONFORMED COPY OF AMENDMENT TO COMPLAINT (Fictitious/Incorrect Name). The Plaintiff, having designated a defendant in the complaint by the incorrect name of Business Health Solutions, P.C. an Indiana corporation and having discovered the true name of the defendant to be BUSINESS HEALTH SOLUTIONS, P.C., A MICHIGAN CORPORATION, filed by Plaintiff American Health Capital. [FILED IN STATE COURT ON 2/2/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 .(et) |
| CONFORMED FILED COPY OF REQUEST FOR DISMISSAL filed by Plaintiff American Health Capital pursuant to FRCP 41a(1) as to Defendant Business Health Solutions, P.C., an Indiana corporation without prejudice. [FILED IN STATE COURT ON 2/2/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 . (et) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendants MOHAMMED ARSIWALA, BUSINESS HEALTH SOLUTIONS, P.C., MICHIGAN URGENT AND PRIMARY CARE PHYSICIANS, P.C. (Obi, Shawn) |
| Filing 6 JOINDER filed by Defendants MOHAMMED ARSIWALA, BUSINESS HEALTH SOLUTIONS, P.C., MICHIGAN URGENT AND PRIMARY CARE PHYSICIANS, P.C. joining in Notice of Removal (Attorney Civil Case Opening), #1 . (Obi, Shawn) |
| Filing 5 PROOF OF SERVICE filed by Defendants JEFF GERLACH, NEXTCARE HOLDINGS, INC., re Certificate/Notice of Interested Parties #3 , Notice of Appearance or Withdrawal of Counsel (G-123),, #4 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 served on 2/24/2021. (Haas, Mary) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Nicole Medeiros counsel for Defendants JEFF GERLACH, NEXTCARE HOLDINGS, INC.. Adding Nicole Medeiros as counsel of record for Defendants NextCare Holdings, Inc. and Jeff Gerlach for the reason indicated in the G-123 Notice. Filed by Defendants NextCare Holdings, Inc. and Jeff Gerlach. (Attorney Nicole Medeiros added to party JEFF GERLACH(pty:dft), Attorney Nicole Medeiros added to party NEXTCARE HOLDINGS, INC.(pty:dft))(Medeiros, Nicole) |
| Filing 3 Certification and Notice of Interested Parties filed by Defendants JEFF GERLACH, NEXTCARE HOLDINGS, INC., (Haas, Mary) |
| Filing 2 CIVIL COVER SHEET filed by Defendants JEFF GERLACH, NEXTCARE HOLDINGS, INC.. (Haas, Mary) |
| Filing 1 NOTICE OF REMOVAL from Santa Monica Superior Court, case number 21SMCV00134 Receipt No: ACACDC-30691185 - Fee: $402, filed by Defendants JEFF GERLACH, NEXTCARE HOLDINGS, INC.. (Attachments: #1 Exhibit A. Comlaint; B. Process of Service Transmittal; C. Remaing State Court File, #2 Declaration of Jeff Gerlach ISO Removal) (Attorney Mary H Haas added to party JEFF GERLACH(pty:dft), Attorney Mary H Haas added to party NEXTCARE HOLDINGS, INC.(pty:dft))(Haas, Mary) |
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