EpicGenetics LLC v. Xavier Becerra et al
| EpicGenetics LLC |
| XAVIER BECERRA, United States Department Of Health & Human Services, CHIQUITA BROOKS-LASURE, QLARANT QUALITY SOLUTIONS, INC., QLARANT INTEGRITY SOLUTIONS, LLC, QLARANT, INC. and Chiquita Brooks Lasure |
| 2:2022cv02741 |
| April 25, 2022 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Alka Sagar |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Violation 5th & 8th Amendment |
| None |
Docket Report
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Filing 42
ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR PRELIMINARY INJUNCTION AS MOOT [ECF NOS. 28, 35] by Judge Maame Ewusi-Mensah Frimpong. In light of the forgoing reasons, the Court hereby ORDERS as follows: The Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED; and The Motion for Preliminary Injunction is therefore DENIED as MOOT. IT IS SO ORDERED. (MD JS-6. Case Terminated) (See document for further details) (yl)
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| Filing 41 MINUTES OF MOTION Hearing (Held and Completed) held before Judge Maame Ewusi-Mensah Frimpong. Court and counsel confer re: Motion for Preliminary Injunction filed by Plaintiff EpicGenetics LLC. #27 and the Motion to Dismiss for Lack of Jurisdiction filed by Defendants #35 . The Court takes the matter under submission. A separate Court order shall be issued. Court Reporter: Katie Thibodeaux. (lom) |
| Filing 40 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The time of the hearing on the Motion for Preliminary Injunction filed by Plaintiff #27 and the Motion to Dismiss for Lack of Jurisdiction filed by Defendants' #35 is continued to 11:00 A.M. Counsel are ordered to take notice of this new time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 39 REPLY Reply NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 Reply in Support of Defendants' Motion to Dismiss (mj) filed by Defendants Xavier Becerra, Chiquita Brooks Lasure, Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc., United States Department Of Health & Human Services. (Varshovi, Zakariya) |
| Filing 38 REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction #27 filed by Plaintiff EpicGenetics LLC. (Attachments: #1 Declaration of Richard Donath, #2 Declaration of Jonathan Phillips, #3 Exhibit A - Dec. 27, 2021 Letter, #4 Exhibit B - Jan. 4, 2022 Letter)(Fuchs, Douglas) |
| Filing 37 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 filed by Plaintiff EpicGenetics LLC. (Fuchs, Douglas) |
| Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction #27 filed by Defendants Xavier Becerra, Chiquita Brooks Lasure, Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc., United States Department Of Health & Human Services. (Attachments: #1 Declaration of Daniel A. Beck, #2 Exhibit A - 5.18.2022 California Secretary of State Records, #3 Exhibit B - 5.24.2022 California Secretary of State Records, #4 Exhibit C - 5.24.2022 Google Search Results, #5 Exhibit D - 10.21.2022 Article In a sea of skeptics, this physician was one of fibromyalgia patients few true allies. Or was he?, #6 Exhibit E - FAQ page of EpicGenetics, Inc.'s website)(Varshovi, Zakariya) |
| Filing 35 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Xavier Becerra, Chiquita Brooks Lasure, Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc., United States Department Of Health & Human Services. Motion set for hearing on 6/16/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration of Daniel A. Beck, #2 Exhibit A - 5.18.2022 California Secretary of State Records, #3 Exhibit B - 5.24.2022 California Secretary of State Records, #4 Exhibit C - 5.24.2022 Google Search Results, #5 Exhibit D - 10.21.2022 Article In a sea of skeptics, this physician was one of fibromyalgia patients few true allies. Or was he?, #6 Exhibit E - FAQ page of EpicGenetics, Inc.'s website, #7 Proposed Order) (Varshovi, Zakariya) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Defendants Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc.. Adding Daniel A. Beck as counsel of record for Qlarant Quality Solutions, Inc.; Qlarant Integrity Solutions, LLC; and Qlarant Inc., for the reason indicated in the G-123 Notice. Filed by Defendants Qlarant Quality Solutions, Inc.; Qlarant Integrity Solutions, LLC; and Qlarant Inc.,. (Attorney Daniel A Beck added to party Qlarant Integrity Solutions, LLC(pty:dft), Attorney Daniel A Beck added to party Qlarant Quality Solutions, Inc.(pty:dft), Attorney Daniel A Beck added to party Qlarant, Inc.(pty:dft))(Beck, Daniel) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Zakariya Koorosh Varshovi counsel for Defendants Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc.. Adding Zakariya K. Varshovi as counsel of record for Qlarant Quality Solutions, Inc.; Qlarant Integrity Solutions, LLC; and Qlarant Inc., for the reason indicated in the G-123 Notice. Filed by Defendants Qlarant Quality Solutions, Inc.; Qlarant Integrity Solutions, LLC; and Qlarant Inc.,. (Attorney Zakariya Koorosh Varshovi added to party Qlarant Integrity Solutions, LLC(pty:dft), Attorney Zakariya Koorosh Varshovi added to party Qlarant Quality Solutions, Inc.(pty:dft), Attorney Zakariya Koorosh Varshovi added to party Qlarant, Inc.(pty:dft))(Varshovi, Zakariya) |
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Filing 32
ORDER by Judge Maame Ewusi-Mensah Frimpong: granting #30 Non-Resident Attorney Alyse W. Ullery APPLICATION to Appear Pro Hac Vice on behalf of EpicGenetics, Inc., designating Douglas M. Fuchs as local counsel. (yl)
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| Filing 31 AMENDED DOCUMENT filed by Plaintiff EpicGenetics LLC. Amendment to Certificate/Notice of Interested Parties #4 (Fuchs, Douglas) |
| Filing 30 APPLICATION of Non-Resident Attorney Alyse W. Ullery to Appear Pro Hac Vice on behalf of Plaintiff EpicGenetics LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33337630) filed by plaintiff EpicGenetics LLC. (Attachments: #1 Proposed Order) (Fuchs, Douglas) |
| Filing 29 SEALED DOCUMENT Bruce Gillis Declaration re NOTICE OF MOTION AND MOTION for Preliminary Injunction #27 , Order on Motion for Leave to File Document Under Seal #24 filed by Plaintiff EpicGenetics LLC. (Attachments: #1 Exhibit A-3 - Balance Sheets and P&L, #2 Exhibit A-4 - Operating Results; 2022 Projections)(Fuchs, Douglas) |
| Filing 28 SEALED DOCUMENT Memorandum in Support re NOTICE OF MOTION AND MOTION for Preliminary Injunction #27 , Order on Motion for Leave to File Document Under Seal #24 filed by Plaintiff EpicGenetics LLC.(Fuchs, Douglas) |
| Filing 27 NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by Plaintiff EpicGenetics LLC. Motion set for hearing on 6/16/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Exhibit A-1 - EpicGenetics Rebuttal Submission, #2 Exhibit A-2 - FM and FM-a Manuscript Final, #3 Declaration of Jonathan Phillips, #4 Exhibit B-1 - 2022.02.10 Communication with HHS OGC, #5 Exhibit B-2 - 2022.02.11 Communication with HHS_CMS, #6 Exhibit B-3 - 2022.02.14 Email Thread, #7 Exhibit B-4 - 2022.02.25 Communication with OGC, #8 Exhibit B-5 - March 29, 2022 Manuscript Email, #9 Proposed Order) (Fuchs, Douglas) |
| Filing 26 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening),, #1 , filed by Plaintiff EpicGenetics LLC (Attachments: #1 Exhibit A - Qlarant Notice of Suspension, #2 Exhibit B - EpicGenetics Rebuttal Submission, #3 Exhibit C - April 20, 2022 Response Letter, #4 Exhibit D - FM and FM-a Manuscript Final, #5 Exhibit E - 2022.02.10 Communication with HHS OGC, #6 Exhibit F - 2022.02.11 Communication with HHS_CMS, #7 Exhibit G - 2022.02.10 Qlarant Letter, #8 Exhibit H - 2022.02.14 Email Thread, #9 Exhibit I - 2022.02.25 Communication with OGC, #10 Exhibit J - March 29, 2022 Manuscript Email)(Fuchs, Douglas) |
| Filing 25 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. On 5/9/2022, Plaintiff filed an Application for a Preliminary Injunction #19 . On that same day, Plaintiff contacted the Court to reserve a hearing date for their Application. On 5/13/2022, the parties informed the Court that Defendant intended to file a motion to dismiss and requested that the hearings on both motions be consolidated. The Court hereby ORDERS that the hearing on the Application for Preliminary Injunction and Motion to Dismiss shall be held on 6/16/2022. The briefing schedule shall be as follows: (1) Opposition to Preliminary Injunction and Opening Brief for Motion to Dismiss deadline: 5/26/2022; (2) Reply for Preliminary Injunction and Opposition to Motion to Dismiss deadline: 6/2/2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY |
| Filing 24 SEALED - ORDER GRANTING APPLICATION TO SEAL [ECF NO. 19] (bm) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Zakariya Koorosh Varshovi counsel for Defendants Xavier Becerra, Chiquita Brooks Lasure, United States Department Of Health & Human Services. Adding Zakariya Varshovi as counsel of record for Xavier Becerra in his official capacity as Secretary of the United States Department of Health & Human Services; the United States Department of Health & Human Services; and Chiquita Brooks-Lasure in her official capacity as Administrator for the Centers for Medicare and Medicaid Services for the reason indicated in the G-123 Notice. Filed by Defendant Xavier Becerra in his official capacity as Secretary of the United States Department of Health & Human Services; the United States Department of Health & Human Services; and Chiquita Brooks-Lasure in her official capacity as Administrator for the Centers for Medicare and Medicaid Services. (Attorney Zakariya Koorosh Varshovi added to party Xavier Becerra(pty:dft), Attorney Zakariya Koorosh Varshovi added to party Chiquita Brooks Lasure(pty:dft), Attorney Zakariya Koorosh Varshovi added to party United States Department Of Health & Human Services(pty:dft))(Varshovi, Zakariya) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Defendants Xavier Becerra, Chiquita Brooks Lasure, United States Department Of Health & Human Services. Adding Daniel A. Beck as counsel of record for Xavier Becerra in his official capacity as Secretary of the United States Department of Health & Human Services; the United States Department of Health & Human Services; and Chiquita Brooks-Lasure in her official capacity as Administrator for the Centers for Medicare and Medicaid Services for the reason indicated in the G-123 Notice. Filed by Defendant Xavier Becerra in his official capacity as Secretary of the United States Department of Health & Human Services; the United States Department of Health & Human Services; and Chiquita Brooks-Lasure in her official capacity as Administrator for the Centers for Medicare and Medicaid Services. (Attorney Daniel A Beck added to party Xavier Becerra(pty:dft), Attorney Daniel A Beck added to party Chiquita Brooks Lasure(pty:dft), Attorney Daniel A Beck added to party United States Department Of Health & Human Services(pty:dft))(Beck, Daniel) |
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Filing 21
ORDER by Judge Maame Ewusi-Mensah Frimpong: Granting #9 Non-Resident Attorney Jonathan M. Phillips APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff EpicGenetics LLC, designating Douglas M Fuchs as local counsel. (et)
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| Filing 20 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum in Support of Preliminary Injunction and Attached Declaration under seal #19 filed by Plaintiff EpicGenetics LLC. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document)(Fuchs, Douglas) |
| Filing 19 APPLICATION to file document Memorandum in Support of Preliminary Injunction and Attached Declaration under seal filed by Plaintiff EpicGenetics LLC. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document)(Fuchs, Douglas) |
| Filing 18 NOTICE OF ERRATA filed by Plaintiff EpicGenetics LLC. correcting Service of Summons and Complaint Returned Executed as to USA,, #10 (Fuchs, Douglas) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff EpicGenetics LLC, upon Defendant Qlarant Quality Solutions, Inc. served on 4/29/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon Rebecca Gott, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Fuchs, Douglas) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff EpicGenetics LLC, upon Defendant Qlarant Integrity Solutions, LLC served on 4/29/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon Rebecca Gott, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Fuchs, Douglas) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff EpicGenetics LLC, upon Defendant Qlarant, Inc. served on 4/29/2022, answer due 5/20/2022. Service of the Summons and Complaint were executed upon Rebecca Gott, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Fuchs, Douglas) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff EpicGenetics LLC, upon Defendant Chiquita Brooks Lasure served on 4/29/2022, answer due 6/28/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office, Central District California. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Fuchs, Douglas) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff EpicGenetics LLC, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office, Central District California. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Fuchs, Douglas) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff EpicGenetics LLC, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office, Central District California. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Fuchs, Douglas) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff EpicGenetics LLC, upon Defendant United States Department Of Health & Human Services served on 4/29/2022, answer due 6/28/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office, Central District California. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Fuchs, Douglas) |
| Filing 10 PROOF OF SERVICE Executed by Defendant EpicGenetics LLC, upon Defendant Xavier Becerra served on 4/29/2002, answer due 6/28/2002. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office, Central District California. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Fuchs, Douglas) |
| Filing 9 APPLICATION of Non-Resident Attorney Jonathan M. Phillips to Appear Pro Hac Vice on behalf of Plaintiff EpicGenetics LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33202531) filed by plaintiff EpicGenetics LLC. (Attachments: #1 Proposed Order) (Fuchs, Douglas) |
| Filing 8 21/60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Xavier Becerra, Chiquita Brooks Lasure, Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc. and United States Department Of Health & Human Services. (jtil) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Alka Sagar. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff EpicGenetics LLC, (Fuchs, Douglas) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff EpicGenetics LLC. (Attachments: #1 Attachment 1 to Summons, #2 Attachment 2 to Summons)(Fuchs, Douglas) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff EpicGenetics LLC. (Fuchs, Douglas) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33185193 - Fee: $402, filed by Plaintiff EpicGenetics LLC. (Attachments: #1 Exhibit A - Qlarant Notice of Suspension, #2 Exhibit B - EpicGenetics Rebuttal Submission, #3 Exhibit C - April 20, 2022, Response Letter, #4 Exhibit D - FM and FM-A Manuscript Final, #5 Exhibit E - 2022.02.10 Communication with HHS OGC, #6 Exhibit F - 2022.02.11 Communication with HHS_CMS, #7 Exhibit G - 2022.02.10 Qlarant Letter, #8 Exhibit H - 2022.02.14 Email Thread, #9 Exhibit I - 2022.02.25 Communication with OGC, #10 Exhibit J - March 29, 2022 Manuscript Email) (Attorney Douglas M Fuchs added to party EpicGenetics LLC(pty:pla))(Fuchs, Douglas) |
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