DNA Comprehensive Therapy Services, LLC. v. NextGen Healthcare, Inc.
| DNA Comprehensive Therapy Services, LLC. doing business as Elite DNA Behavioral Health |
| NextGen Healthcare, Inc. |
| NextGen Healthcare, Inc. |
| DNA Comprehensive Therapy Services, LLC. |
| 2:2025cv00714 |
| August 11, 2025 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
This docket was last retrieved on March 6, 2026. A more recent docket listing may be available from PACER.
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| Filing 50 CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 1/4/2027 Final Pretrial Conference set for 6/25/2027 at 09:30 AM before Judge Sheri Polster Chappell Jury Trial term 7/6/2027 at 09:00 AM before Judge Sheri Polster Chappell Conduct mediation hearing by 12/4/2026. Lead counsel to coordinate dates. Signed by All Divisional Judges on 1/26/2026. (WRW) |
| Filing 49 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: Rule 16(b) Conference held on 1/22/2026. (digital) (WRW) |
Filing 48
***DISREGARD ENTERED IN ERROR***TEXT ORDER. The mediation report noted that the parties have reached an impasse. (Doc. 21). The mediation deadline remains April 20, 2026. The parties are encouraged to exhaust mediation efforts until that date. Signed by Magistrate Judge Nicholas P. Mizell on 1/22/2026. (RCD) Modified on 1/22/2026 (WRW).
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| Filing 47 CASE MANAGEMENT REPORT. (Heise, Mark) |
| Filing 46 REPLY to Response to Motion re #31 MOTION to Dismiss Counterclaim Plaintiff/Counter-Defendant's Reply in Support of Its Motion to Dismiss Counterclaims and Incorporated Memorandum of Law filed by DNA Comprehensive Therapy Services, LLC.. (Heise, Mark) |
Filing 45
ENDORSED ORDER granting Plaintiff Elite DNA's Motion for Leave to File Reply (Doc. #44). Plaintiff may file a reply in further support of its Motion to Dismiss, not to exceed ten pages, on or before January 9, 2026. Signed by Judge Sheri Polster Chappell on 12/31/2025. (JMM)
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| Filing 44 MOTION for Leave to File Reply in Support of its Motion to Dismiss Counterclaims by DNA Comprehensive Therapy Services, LLC.. (Heise, Mark) |
| Filing 43 RESPONSE in Opposition re #31 MOTION to Dismiss Counterclaim filed by NextGen Healthcare, Inc. (Atwood, Scott) Modified to remove extra period on 12/22/2025 (AA). |
| Filing 42 NOTICE by DNA Comprehensive Therapy Services, LLC. re #14 Amended Complaint, 37 Sealed Order on Motion to Seal Notice of Filing Redacted Version of Exhibit A-1 to Plaintiff's Third Amended Complaint (Attachments: #1 Exhibit A-1)(Heise, Mark) |
Filing 41
ENDORSED ORDER. Before the Court is Plaintiff's Response to the Court's Show-Cause Order (Doc. #29). The Court directed Plaintiff to show cause why the case should not be dismissed for lack of subject matter jurisdiction (Doc. #23). The Court also permitted Defendant an opportunity to respond to Plaintiff's show-cause (id.), but it elected not to do so. Based on Plaintiff's response and Defendant's silence, the Court will take no further action on its Order. Signed by Judge Sheri Polster Chappell on 10/20/2025. (JMM)
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| Filing 40 NOTICE OF RESCHEDULING HEARING: The Rule 16(b) hearing previously scheduled for 11/20/25 is rescheduled. New scheduling date and time: IN PERSON Rule 16(b) Conference set for 1/22/2026 at 01:30 PM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. Case Management Report due by 1/15/2026. (CGW) |
Filing 39
ENDORSED ORDER granting #38 the parties' joint motion to extend deadlines and reschedule the Rule 16(b) conference. NextGen shall respond to Elite DNA's motion to dismiss by December 19, 2025. The Rule 16(b) conference will be noticed for January 22, 2026. Signed by Magistrate Judge Nicholas P. Mizell on 10/17/2025. (Mizell, Nicholas)
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| Filing 38 Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and to Continue Rule 16 Scheduling Conference by NextGen Healthcare, Inc. (Tackett, Kelly). Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 37
ENDORSED ORDER denying without prejudice #17 Plaintiff Elite DNA's unopposed corrected motion to file Exhibit A-1 to its Third Amended Complaint under seal. While Elite DNA initiated the process of obtaining permission to file the parties' Master Agreement under seal, Elite DNA does not consider the agreement to be confidential (see Doc. 14 at 6, n.1) and, naturally, has not convinced us that the entire document needs to be sealed. Nor has NextGen supplied a legal memorandum demonstrating as much. See Local Rule 1.11(c). Excerpts and quotes from the agreement are disclosed throughout the Third Amended Complaint and its other exhibits. Moreover, defendant NextGen has taken the position that Elite DNA's breach notices are deficient, positing that they do not identify "specific Agreement provisions allegedly breached." (Doc. 14-5 at 2). Provisions of the agreement will likely be discussed in other exhibits, expert reports, and motion papers, and during depositions, hearings, and a potential trial. Presumptively, the public has a right to know any contract terms upon which a judgment might rest. To overcome this presumption, compelling reasons and specific facts must be supplied to convince us--as to each provision for which a seal is requested--that disclosure would cause a clearly defined and serious injury. With the legal standard and practicalities in mind, the parties are directed to further confer about filing a minimally redacted version (redacting only those provisions that are BOTH immaterial to adjudicating the alleged breaches at issue in this action and so sensitive that disclosure would cause a clearly defined and serious injury) or filing the agreement without any seal or redactions. These conferences must include live conversations, preferably in person or by video, and not just an exchange of emails. By November 13, 2025, NextGen shall either file the agreement without any seal or redactions, file a minimally redacted version as discussed above, or file a legal memorandum proposing an alternative approach. Signed by Magistrate Judge Nicholas P. Mizell on 10/17/2025. (RCD)
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Filing 36
ENDORSED ORDER denying as moot #15 Plaintiff Elite DNA's unopposed motion to file Exhibit A-1 to its Third Amended Complaint under seal. Plaintiff has filed a corrected motion. Signed by Magistrate Judge Nicholas P. Mizell on 10/17/2025. (RCD)
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| Filing 35 SUPPLEMENT re #31 MOTION to Dismiss Counterclaim Plaintiff's Supplemental Local Rule 3.01(g) Certification to Motion to Dismiss Counterclaim by DNA Comprehensive Therapy Services, LLC.. (Heise, Mark) |
| Filing 34 NOTICE of Appearance by Daniel Edward Tropin on behalf of DNA Comprehensive Therapy Services, LLC. (Tropin, Daniel) |
Filing 33
ENDORSED ORDER denying #32 plaintiff's motion to strike defendant's affirmative defenses for failing to comply with the Civil Action Order. See Doc. #9 at 8. Signed by Magistrate Judge Nicholas P. Mizell on 10/8/2025. (RCD)
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| Filing 32 MOTION to Strike #19 Affirmative Defenses by DNA Comprehensive Therapy Services, LLC. (Heise, Mark) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 10/8/2025 (BD). |
| Filing 31 MOTION to Dismiss Counterclaim by DNA Comprehensive Therapy Services, LLC.. (Heise, Mark) |
| Filing 30 In-Person NOTICE of hearing: Rule 16(b) Conference set for 11/20/2025 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. A Case Management Report is due by 11/13/2025. (FLY) |
| Filing 29 RESPONSE TO #23 ORDER TO SHOW CAUSEand in the Alternative, Motion for Jurisdictional Discovery filed by DNA Comprehensive Therapy Services, LLC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Heise, Mark) Modified text on 10/3/2025 (BD). |
| Filing 28 NOTICE of compliance re #26 Order on Motion to Appear Pro Hac Vice by NextGen Healthcare, Inc. (Meyer, Abby) |
| Filing 27 NOTICE of Lead Counsel Designation by Scott Edward Atwood on behalf of NextGen Healthcare, Inc.. Lead Counsel: Brian M. Daucher. (Atwood, Scott) |
Filing 26
ORDER granting #24 and #25 motions for special admission of attorneys Abby Meyer and Brian Daucher. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/26/2025. (RCD)
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| Filing 25 Unopposed MOTION for Brian Daucher to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23917826 for $150 by NextGen Healthcare, Inc.. (Tackett, Kelly) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 24 Unopposed MOTION for Abby Meyer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23917659 for $150 by NextGen Healthcare, Inc. (Tackett, Kelly) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text to correct attorney's name on 9/26/2025 (AM). |
Filing 23
ORDERED: On or before October 2, 2025, Plaintiff must SHOW CAUSE why the Court should not dismiss this case for lack of subject-matter jurisdiction. This includes providing the Court with facts establishing Defendant's principal place of business. Failure to do so will result in dismissal without further notice.Defendant may, but need not, respond to Plaintiff's show-cause on or before October 9, 2025. Signed by Judge Sheri Polster Chappell on 9/18/2025. (AEH)
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| Filing 22 NOTICE TO COUNSEL Scott E. Atwood, Kelly N. Tackett, Brian M. Daucher, and Abby H. Meyer of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (MSN) |
| Filing 21 NOTICE TO COUNSEL Brian M. Daucher and Abby H. Meyer Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (MSN) |
| Filing 20 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by NextGen Healthcare, Inc.. (Atwood, Scott) |
| Filing 19 ANSWER and affirmative defenses with Jury Demand to #14 Amended Complaint , COUNTERCLAIM against DNA Comprehensive Therapy Services, LLC. by NextGen Healthcare, Inc. (Attachments: #1 Exhibit A)(Atwood, Scott) Modified on 9/17/2025 to edit docket text (MSN). |
| Filing 18 RETURN of service executed on 08/26/2025 by DNA Comprehensive Therapy Services, LLC. as to NextGen Healthcare, Inc.. (Heise, Mark) |
| Filing 17 Unopposed Corrected Motion to File Under Seal Exhibit "A-1" to Plaintiff's Third Amended Complaint MOTION to file DOCUMENT under seal by DNA Comprehensive Therapy Services, LLC. (Attachments: #1 Proposed Sealed Item Exhibit A-1)(Heise, Mark). Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 16 NOTICE of Filing Exhibit A-2 to Plaintiff's Third Amended Complaint by DNA Comprehensive Therapy Services, LLC. re #14 Amended Complaint (Attachments: #1 Exhibit A-2)(Heise, Mark) Modified text on 8/27/2025 (MGB). |
| Filing 15 Unopposed MOTION to file Exhibit "A-1" to Plaintiff's Third Amended Complaint under seal by DNA Comprehensive Therapy Services, LLC. (Attachments: #1 Proposed Sealed Item Exhibit A-1)(Heise, Mark).Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 8/27/2025 (MGB). |
| Filing 14 Third AMENDED COMPLAINT against NextGen Healthcare, Inc. with Jury Demand. filed by DNA Comprehensive Therapy Services, LLC.. (Attachments: #1 Exhibit A - Placeholder for Confidential Agreement, #2 Exhibit B - June 13 Email, #3 Exhibit C - June 24 Notice of Breach, #4 Exhibit D - July 11 Second Notice of Breach, #5 Exhibit E - NextGen Response)(Heise, Mark) Modified docket text on 8/26/2025 (JOS). |
| Filing 13 NOTICE of Consent to File Third Amended Complaint by DNA Comprehensive Therapy Services, LLC. (Heise, Mark) Modified on 8/25/2025 to edit docket text (ELA). |
| Filing 12 SECOND AMENDED COMPLAINT against NextGen Healthcare, Inc. with Jury Demand. filed by DNA Comprehensive Therapy Services, LLC.. Related document: #1 Complaint filed by DNA Comprehensive Therapy Services, LLC., #8 Amended Complaintfiled by DNA Comprehensive Therapy Services, LLC.. (Attachments: #1 Exhibit Placeholder for Confidential Agreement, #2 Exhibit June 13 Email, #3 Exhibit June 24 Notice of Breach, #4 Exhibit July 11 Second Notice of Breach, #5 Exhibit NextGen Response)(Heise, Mark) Modified to edit docket text on 8/21/2025 (RLD). |
Filing 11
ORDERED: Plaintiff DNA Comprehensive Therapy Services, LLC's amended complaint (Doc. #8) is DISMISSED without prejudice for lack of subject-matter jurisdiction. Plaintiff may file a second amended complaint on or before August 27, 2025. Failure to do so will cause the Court to close this case without further notice. Signed by Judge Sheri Polster Chappell on 8/19/2025. (AEH)
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| Filing 10 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by DNA Comprehensive Therapy Services, LLC.. (Suarez, Luis) |
| Filing 9 CIVIL Action Order Signed by All Divisional Judges on 8/19/2025. (WRW) |
| Filing 8 AMENDED COMPLAINT against NextGen Healthcare, Inc. with Jury Demand. filed by DNA Comprehensive Therapy Services, LLC.. Related document: #1 Complaint filed by DNA Comprehensive Therapy Services, LLC.. (Attachments: #1 Exhibit Placeholder for Confidential Agreement, #2 Exhibit June 13 Email, #3 Exhibit June 24 Notice of Breach, #4 Exhibit July 11 Second Notice of Breach, #5 Exhibit NextGen Response)(Heise, Mark) |
Filing 7
ORDER re #1 Complaint filed by DNA Comprehensive Therapy Services, LLC. Plaintiff DNA Comprehensive Therapy Services, LLC's complaint #1 is DISMISSED without prejudice for lack of subject-matter jurisdiction. Plaintiff may file an amended complaint on or before August 27, 2025. Failure to do so will cause the Court to close this case without further notice. Signed by Judge Sheri Polster Chappell on 8/13/2025. (LF)
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| Filing 6 NOTICE of Appearance, Request for Notices, and Designation of Email Addresses Appearance by Luis E. Suarez on behalf of DNA Comprehensive Therapy Services, LLC. (Suarez, Luis) Modified on 8/13/2025 to edit text. (JVC) |
| Filing 5 NOTICE of Lead Counsel Designation by Mark Jurgen Heise on behalf of DNA Comprehensive Therapy Services, LLC. Lead Counsel: Mark J. Heise. (Heise, Mark) Modified on 8/13/2025 to edit text. (JVC) |
| Filing 4 NOTICE TO COUNSEL Mark Jurgen Heise of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JG) |
| Filing 3 SUMMONS issued as to NextGen Healthcare, Inc. (JG) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-714-SPC-NPM. (AA) |
| Filing 1 COMPLAINT against NextGen Healthcare, Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-23722013) filed by DNA Comprehensive Therapy Services, LLC.. (Attachments: #1 Exhibit Placeholder for Confidential Agreement, #2 Exhibit June 13 Email, #3 Exhibit June 24 Notice of Breach, #4 Exhibit July 11 Second Notice of Breach, #5 Exhibit NextGen Response, #6 Civil Cover Sheet Civil Cover Sheet, #7 Proposed Summons)(Heise, Mark) Modified docket text on 8/12/2025 (JG). |
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| Search for this case: DNA Comprehensive Therapy Services, LLC. v. NextGen Healthcare, Inc. | |
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| Plaintiff: DNA Comprehensive Therapy Services, LLC. doing business as Elite DNA Behavioral Health | |
| Represented By: | Luis E. Suarez |
| Represented By: | Daniel Edward Tropin |
| Represented By: | Mark Jurgen Heise |
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| Defendant: NextGen Healthcare, Inc. | |
| Represented By: | Scott Edward Atwood |
| Represented By: | Kelly Tackett |
| Represented By: | Abby H. Meyer |
| Represented By: | Brian M. Daucher |
| Represented By: | Brian M. Daucher |
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| Counter-claimant: NextGen Healthcare, Inc. | |
| Represented By: | Scott Edward Atwood |
| Represented By: | Kelly Tackett |
| Represented By: | Abby H. Meyer |
| Represented By: | Brian M. Daucher |
| Represented By: | Brian M. Daucher |
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| Counter-defendant: DNA Comprehensive Therapy Services, LLC. | |
| Represented By: | Luis E. Suarez |
| Represented By: | Daniel Edward Tropin |
| Represented By: | Mark Jurgen Heise |
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