The United States of America et al v. Trividia Health Inc et al
| The United States of America, California, Colorado, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Vermont, Washington, Massachusetts, The Commonwealth of, Virginia, The Commonwealth of, District Of Columbia, The and Patricia Crocano |
| Trividia Health Inc, Trividia Healthcare Systems, LLC and Trividia Meditech LLC |
| 0:2022cv60160 |
| January 21, 2022 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Qui Tam (31 U.S.C. 3729(a)) |
| 31 U.S.C. § 3730 Qui Tam False Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.
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Filing 127
ORDER granting #95 Motion to Dismiss. Closing Case. Motions Terminated: #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument filed by Trividia Health Inc. Signed by Judge Rodolfo A. Ruiz, II on 7/18/2022. See attached document for full details. (rm02)
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Filing 126
PAPERLESS ORDER granting in part #110 Plaintiff-Relator's Request for Judicial Notice ("Motion"). Federal Rule of Evidence 201(b)(2) permits a court to take judicial notice of facts that "can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Defendant's Motion is GRANTED as to Exhibits 1 through 6, which contain reports from the U.S. Department of Health and Human Services ("HHS") Office of Inspector General. See King v. Akima Global Servs., LLC, 775 F. App'x 617, 621 (11th Cir. 2019) (holding that a district court may appropriately take judicial notice of facts contained in an Office of Inspector General report). Defendant's Motion is GRANTED as to Exhibit 7 only insofar as the Court recognizes that this document exists on the HHS website. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. (rm02)
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Filing 125
PAPERLESS ORDER granting in part #96 Defendant's Motion for Judicial Notice ("Motion"). Federal Rule of Evidence 201(b)(2) permits a court to take judicial notice of facts that "can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Defendant's Motion is GRANTED as to Exhibit A insofar as the Court recognizes the fact that the statements contained therein were publicly disclosed. Exhibits B through E contain public records from the website of the Food and Drug Administration ("FDA"). Although "it is well settled that the Court can take judicial notice of FDA records obtained from the FDA website," Tinkler v. Mentor Worldwide, LLC, No. 19-23373, 2019 WL 7291239, at *4 n.4 (S.D. Fla. Dec. 30, 2019), that does not mean the facts contained therein are accurate. However, the fact that these documents exist cannot be questioned. Therefore, Defendant's Motion is GRANTED as to judicial notice that the records contained in Exhibits B through E exist. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. (rm02)
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Filing 124
Statement of: Interest as to Defendant's Motion to Dismiss by The United States of America (Campbell, Yolonda)
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Filing 123
NOTICE of Attorney Appearance by Yolonda Y. Campbell on behalf of The United States of America. Attorney Yolonda Y. Campbell added to party The United States of America(pty:pla). (Campbell, Yolonda)
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Filing 122
REPLY to Response to Motion re #110 Plaintiff's MOTION for Judicial Notice filed by Patricia Crocano. (Untiedt, Whitney)
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Filing 121
PAPERLESS ORDER granting #114 Defendant's Unopposed Motion to Exceed Page Limit. Defendant may file a Reply in Support of Motion to Dismiss up to fifteen (15) pages in length. Signed by Judge Rodolfo A. Ruiz, II on 5/16/2022. (rm02)
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Filing 120
Clerks Notice to Filer re #116 Response/Reply (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#119]. It is not necessary to refile this document. (ls)
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Filing 118
Clerks Notice to Filer re #115 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#117]. It is not necessary to refile this document. (ls)
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Filing 119
RESPONSE in Opposition re #110 Plaintiff's MOTION for Judicial Notice filed by Trividia Health Inc. Replies due by 5/20/2022. (ls)(See Image at DE #116)
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Filing 117
REPLY to Response to Motion re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument filed by Trividia Health Inc. (ls)(See Image at DE #115)
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Filing 116
Defendant's RESPONSE to #110 Plaintiff's MOTION for Judicial Notice by Trividia Health Inc. (Dwyer, Jared)
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Filing 115
RESPONSE in Support re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument filed by Trividia Health Inc. (Dwyer, Jared)
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Filing 114
Unopposed MOTION for Leave to File Excess Pages by Trividia Health Inc. (Dwyer, Jared)
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Filing 113
PAPERLESS ORDER granting #112 Unopposed Motion for Extension of Time. Defendant shall file its reply in support of its #95 Motion to Dismiss on or before May 13, 2022. Signed by Judge Rodolfo A. Ruiz, II on 5/3/2022. (rm02)
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Filing 112
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #109 Response in Opposition to Motion, by Trividia Health Inc. (Dwyer, Jared)
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Filing 111
PAPERLESS ORDER granting #108 Unopposed Motion for Leave to File Excess Pages. Plaintiff-Relator may file a response to #95 Defendant's Motion to Dismiss of up to 37 pages, double-spaced. Signed by Judge Rodolfo A. Ruiz, II on 5/2/2022. (rm02)
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Filing 110
Plaintiff's MOTION for Judicial Notice i> by Patricia Crocano. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Untiedt, Whitney)
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Filing 109
RESPONSE in Opposition re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument filed by Patricia Crocano. Replies due by 5/6/2022. (Untiedt, Whitney)
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Filing 108
Unopposed MOTION for Leave to File Excess Pages by Patricia Crocano. (Untiedt, Whitney)
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Filing 107
REPLY to Response to Motion (SEE DE #106 for Image) re #96 Defendant's MOTION for Judicial Notice of Certain Documents re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument filed by Trividia Health Inc. (amb)
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Filing 106
RESPONSE in Support re #96 Defendant's MOTION for Judicial Notice of Certain Documents re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument filed by Trividia Health Inc. (Dwyer, Jared)
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Filing 105
RESPONSE to Motion re #96 Defendant's MOTION for Judicial Notice of Certain Documents re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument filed by Patricia Crocano. Replies due by 4/20/2022. (Untiedt, Whitney)
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Set/Reset Deadlines/Hearings per DE 104 Paperless Order re #96 Defendant's MOTION for Judicial Notice of Certain Documents re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument . Responses due by 4/13/2022. (amb)
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Filing 104
PAPERLESS ORDER on #96 Defendant's Motion for Judicial Notice ("Motion"). The Court has noted that, per Defendant's Certificate of Good Faith Conference in the #96 Motion, Plaintiff-Relator did not advise Defendant's counsel as to her position on the requested relief. Pursuant to Local Rule 7.1(c)(1), Plaintiff-Relator's response to the Motion was due before the Court on April 8, 2022. To date, Plaintiff-Relator has filed no response. If Plaintiff-Relator wishes to respond to the Motion, she shall do so on or before April 13, 2022. Otherwise, the Court may grant the Motion by default upon considering the merits of the Motion. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2022. (rm02)
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Filing 103
NOTICE of Attorney Appearance by Miriam Alinikoff on behalf of The United States of America. Attorney Miriam Alinikoff added to party The United States of America(pty:pla). (Alinikoff, Miriam)
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Filing 102
PAPERLESS ORDER granting #101 Unopposed Motion for Extension of Time. Plaintiff-Relator shall respond to #95 Motion to Dismiss on or before April 29, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/4/2022. (rm02)
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Filing 101
Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Defendant's Motion to Dismiss by Patricia Crocano. (Untiedt, Whitney)
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Filing 100
ORDER GRANTING JOINT MOTION FOR STAY OF DISCOVERY. ORDER granting #99 Motion to Stay. All discovery, except for the subpoenas duces tecum issued pursuant to the Order Granting Relators Motion for Leave to Serve Subpoenas Duces Tecum [ECF No. 92], is STAYED until resolution of Defendants Motion to Dismiss [ECF No. 95]. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2022. See attached document for full details. (amb)
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Filing 99
Joint MOTION to Stay the Rule 26 conference and discovery in this matter by Trividia Health Inc. Responses due by 4/15/2022 (Attachments: #1 Exhibit A - Proposed Order)(Dwyer, Jared)
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Filing 98
PAPERLESS ORDER granting #97 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Justin S. Brooks. The Clerk is directed to provide Notices of Electronic Filing to Mr. Brooks at email address jbrooks@gbblegal.com. Signed by Judge Rodolfo A. Ruiz, II on 3/28/2022. (rm02)
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Attorney Justin S. Brooks representing Crocano, Patricia (Plaintiff) Activated. (cw)
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Filing 97
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Justin S. Brooks. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #80 Motion to Appear Pro Hac Vice, by Patricia Crocano. Responses due by 4/8/2022 (Attachments: #1 Exhibit A, #2 Certification, #3 Text of Proposed Order)(Untiedt, Whitney)
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Filing 96
Defendant's MOTION for Judicial Notice of Certain Documents re #95 Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument by Trividia Health Inc. (Attachments: #1 Exhibit Composite A, #2 Exhibit Composite B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dwyer, Jared)
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Filing 95
Defendant's MOTION to Dismiss #43 Amended Complaint/Amended Notice of Removal, Incorporated Memorandum of Law, and Request for Oral Argument by Trividia Health Inc. Responses due by 4/8/2022 (Attachments: #1 Exhibit Composite A, #2 Exhibit Composite B)(Dwyer, Jared)
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Filing 94
PAPERLESS ORDER granting #93 Defendant's Unopposed Motion to Exceed Page Limit. Defendant may exceed the page limit for its Motion to Dismiss by seven (7) pages. Signed by Judge Rodolfo A. Ruiz, II on 3/23/2022. (rm02)
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Filing 93
Unopposed MOTION Exceed Page Limit by Trividia Health Inc. (Dwyer, Jared)
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Filing 92
ORDER granting #88 Motion for Discovery. Signed by Judge Rodolfo A. Ruiz, II on 3/1/2022. See attached document for full details. (rm02)
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Filing 91
Plaintiff's REPLY to Response to Motion re #88 Plaintiff's MOTION for Discovery Leave to Serve Subpoenas Duces Tecum filed by Patricia Crocano. (Untiedt, Whitney)
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Filing 90
RESPONSE in Opposition re #88 Plaintiff's MOTION for Discovery Leave to Serve Subpoenas Duces Tecum filed by Trividia Health Inc. Replies due by 2/23/2022. (Dwyer, Jared)
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Filing 89
TRANSCRIPT of Proceedings held on 1/24/2022 before Judge Rodolfo A. Ruiz, II, 1 - 21 pages, Court Reporter: James Pence-Aviles, 305-523-5633 / James_PenceAviles@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/9/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 5/17/2022. (jps)
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Filing 88
Plaintiff's MOTION for Discovery Leave to Serve Subpoenas Duces Tecum by Patricia Crocano. Responses due by 2/16/2022 (Attachments: #1 Certification Service of Documents on States)(Untiedt, Whitney)
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Filing 87
NOTICE OF WITHDRAWAL OF MOTION by Patricia Crocano (Attachments: #1 Certification Justin Brooks Good Standing in New York State) (Untiedt, Whitney)
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Attorney Justin S. Brooks representing Crocano, Patricia (Plaintiff) terminated per DE 86 Order. Notice of Termination delivered by US Mail to Justin Brooks. (mc)
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Filing 86
PAPERLESS ORDER vacating 84 Paperless Order granting #80 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Justin S. Brooks in light of Clerk's Notice of Noncompliance with LR 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys, pending further review of the Court. Signed by Judge Rodolfo A. Ruiz, II on 1/28/2022. (rm02)
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Filing 85
PAPERLESS ORDER granting #81 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Elizabeth H. Shofner. The Clerk is directed to provide Notices of Electronic Filing to Ms. Shofner at email address lshofner@gbblegal.com. Signed by Judge Rodolfo A. Ruiz, II on 1/28/2022. (rm02)
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Filing 84
(VACATED per DE 86) PAPERLESS ORDER granting #80 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Justin S. Brooks. The Clerk is directed to provide Notices of Electronic Filing to Mr. Brooks at email address jbrooks@gbblegal.com. Signed by Judge Rodolfo A. Ruiz, II on 1/28/2022. (rm02) Modified text on 1/31/2022 (mc).
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Filing 83
PAPERLESS ORDER granting #79 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Traci L. Buschner. The Clerk is directed to provide Notices of Electronic Filing to Ms. Buschner at email address tbuschner@gbblegal.com. Signed by Judge Rodolfo A. Ruiz, II on 1/28/2022. (rm02)
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Filing 82
PAPERLESS ORDER granting #78 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Reuben A. Guttman. The Clerk is directed to provide Notices of Electronic Filing to Mr. Guttman at email address rguttman@gbblegal.com. Signed by Judge Rodolfo A. Ruiz, II on 1/28/2022. (rm02)
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Filing 81
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth H. Shofner. Filing Fee $ 200.00 Receipt # AFLSDC-15355984 by Patricia Crocano. Responses due by 2/11/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Untiedt, Whitney)
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Filing 80
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Justin S. Brooks. Filing Fee $ 200.00 Receipt # AFLSDC-15355957 by Patricia Crocano. Responses due by 2/11/2022 (Attachments: #1 Certification, #2 Supplement)(Untiedt, Whitney)
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Filing 79
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Traci L. Buschner. Filing Fee $ 200.00 Receipt # AFLSDC-15355930 by Patricia Crocano. Responses due by 2/11/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Untiedt, Whitney)
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Filing 78
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Reuben A. Guttman. Filing Fee $ 200.00 Receipt # AFLSDC-15355892 by Patricia Crocano. Responses due by 2/11/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Untiedt, Whitney)
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Filing 77
PAPERLESS ORDER granting #75 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Richard A. Harpootlian. The Clerk is directed to provide Notices of Electronic Filing to Mr. Harpootlian at email address rah@harpootlianlaw.com. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2022. (rm02)
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Filing 76
PAPERLESS ORDER granting #74 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Phillip D. Barber. The Clerk is directed to provide Notices of Electronic Filing to Mr. Barber at email address: pdb@harpootlianlaw.com. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2022. (rm02)
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Filing 75
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard A. Harpootlian. Filing Fee $ 200.00 Receipt # AFLSDC-15348845 by Patricia Crocano. Responses due by 2/9/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Untiedt, Whitney)
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Filing 74
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip D. Barber. Filing Fee $ 200.00 Receipt # AFLSDC-15348636 by Patricia Crocano. Responses due by 2/9/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Untiedt, Whitney)
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Filing 73
ORDER Regarding Joint Stipulation re #63 Stipulation; Dismissing without prejudice #56 Motion to Stay Deadlines and Entry of Scheduling Order, #44 Motion to Serve Subpoenas Duces Tecum, #54 Motion for Judicial Notice, #53 Motion to Dismiss; Staying this Mattter. Signed by Judge Rodolfo A. Ruiz, II on 1/24/2022. See attached document for full details. (ls)
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Case Stayed (ls)
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Filing 72
PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 1/24/2022. Order to follow. Attorney Appearance(s): Richard A. Harpootlian, Philip Freidin, Reuben Guttman, Justin Brooks, Phillip Barber, Jared Edward Dwyer, Austin Bodnar, Court Reporter: James Pence Aviles, 305-523-5633 / James_PenceAviles@flsd.uscourts.gov. (gp)
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Filing 71
NOTICE of Attorney Appearance by Philip Freidin on behalf of Patricia Crocano. Attorney Philip Freidin added to party Patricia Crocano(pty:pla). (Freidin, Philip)
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Filing 70
NOTICE of Attorney Appearance by Whitney Marie Untiedt on behalf of Patricia Crocano. Attorney Whitney Marie Untiedt added to party Patricia Crocano(pty:pla). (Untiedt, Whitney)
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Filing 69
PAPERLESS ORDER setting Telephonic Status Conference for January 24, 2022, at 11:00 A.M. The parties are instructed to call 1-877-402-9753 by no later than 10:55 A.M. The access code is 9372453, and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 1/21/2022. (rm02)
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Filing 68
Bar Letter re: Admissions sent to attorney Christopher P. Kenney, Frances C. Trapp, John LaFitte Warren, III, Richard A. Harpootlian, William Norman Nettles, and Meliah Bowers Jefferson, mailing date January 21, 2022, (pt)
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Filing 67
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb)
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Filing 66
Case transferred in from South Carolina; Case Number 3:17-cv-00327. Electronic file including transfer order and docket sheet received. .(bb).
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Filing 65
***Civil Case Terminated per 64 Order. (asni, )
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Filing 64
TEXT ORDER Transferring Venue to the United States District Court for the Southern District of Florida re #63 Stipulation. Signed by Honorable J Michelle Childs on 1/20/2022. (asni, )
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Filing 63
STIPULATION re #52 MOTION to Transfer Case to the Southern District of Florida and Other Matters by Trividia Health Inc. (Jefferson, Meliah)
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Filing 62
TEXT ORDER granting #61 Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Dismiss #52 MOTION to Transfer Case #54 MOTION for Judicial Notice ( Response to Motion due by 1/14/2022 ). Signed by Honorable J Michelle Childs on 1/3/2022. (asni, )
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Filing 61
Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Dismiss , #52 MOTION to Transfer Case to the Southern District of Florida, #54 MOTION Motion for Judicial Notice by Patricia Crocano. Response to Motion due by 1/13/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Harpootlian, Richard)
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Filing 60
REPLY to Response to Motion re #44 MOTION to serve subpoenas duces tecum Response filed by Patricia Crocano. (Kenney, Christopher)
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Filing 59
TEXT ORDER granting #51 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 12/22/2021.(asni, )
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Filing 58
TEXT ORDER granting #50 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 12/22/2021.(asni, )
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Filing 57
TEXT ORDER granting #49 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 12/22/2021.(asni, )
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Filing 56
MOTION to Stay of Deadlines and Entry of Scheduling Order by Trividia Health Inc. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jefferson, Meliah)
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Filing 55
RESPONSE in Opposition re #44 MOTION to serve subpoenas duces tecum Response filed by Trividia Health Inc.Reply to Response to Motion due by 12/29/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Jefferson, Meliah)
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Filing 54
MOTION Motion for Judicial Notice by Trividia Health Inc. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A-Class 2 Device Recall TRUEbalance Blood Glucose Test Strips (Glucose Oxidase), #3 Exhibit B-Class 2 Device Recall TRUEread Blood Glucose Test Strips (Glucose Oxidase), #4 Exhibit C-Class 2 Device Recall TRUEtest Blood Glucose Test Strips (GDHPQQ), #5 Exhibit D-Class 2 Device Recall TRUEtrack Blood Glucose Test Strips (Glucose Oxidase), #6 Exhibit E-Self-Monitoring-Blood-Glucose-Test-Systems-OTC-Guidance (1), #7 Exhibit F-Slides Self Monitoring-Blood-Glucose-Systems-for-Over-the-Counter-Use, #8 Exhibit G-Transcript Blood-Glucose-Monitors-Final-Guidance-Webinar---transcript)No proposed order.(Jefferson, Meliah)
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Filing 53
MOTION to Dismiss by Trividia Health Inc. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Press Release and Recall Notices)No proposed order.(Jefferson, Meliah)
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Filing 52
MOTION to Transfer Case to the Southern District of Florida by Trividia Health Inc. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Guerra Declaration, #3 Exhibit B - Sunbiz Records, #4 Exhibit C - Witness Declarations, #5 Exhibit D - Redacted excerpt of Patricia Andrea Crocano Accurint Report)No proposed order.(Jefferson, Meliah)
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Filing 51
MOTION to Appear Pro Hac Vice by Samuel Bookhardt, IV ( Filing fee $ 350 receipt number ASCDC-10247201) by Trividia Health Inc. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application for Admission pro hac vice, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Jefferson, Meliah)
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Filing 50
MOTION to Appear Pro Hac Vice by Jared E. Dwyer ( Filing fee $ 350 receipt number ASCDC-10247173) by Trividia Health Inc. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application for Admission pro hac vice, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Jefferson, Meliah)
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Filing 49
MOTION to Appear Pro Hac Vice by Austin Bodnar ( Filing fee $ 350 receipt number ASCDC-10247128) by Trividia Health Inc. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application for Admission pro hac vice, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Jefferson, Meliah)
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Filing 48
TEXT ORDER granting #47 Motion for Extension of Time to File Response/Reply as to #44 MOTION to serve subpoenas duces tecum. Response to Motion due by 12/21/2021. Signed by Honorable J Michelle Childs on 12/13/2021.(asni, )
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Filing 47
Consent MOTION for Extension of Time to file Response/Reply as to #44 Motion for Leave to Serve Subpoenas Duces Tecum by Trividia Health Inc. Response to Motion due by 12/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jefferson, Meliah)
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Filing 46
ACKNOWLEDGMENT OF SERVICE Executed as to #2 Local Rule 26.01 Answers to Interrogatories, #43 Amended Complaint, #44 MOTION to serve subpoenas duces tecum , #45 Summons Issued Acknowledgement filed by Patricia Crocano. (Attachments: #1 Exhibit A-Affidavit of Service)(Kenney, Christopher)
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Filing 45
Summons Issued as to Trividia Health Inc. (asni, )
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Filing 44
MOTION to serve subpoenas duces tecum by Patricia Crocano. Response to Motion due by 12/2/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kenney, Christopher)
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Filing 43
AMENDED COMPLAINT against Trividia Health Inc, filed by Patricia Crocano. Service due by 2/16/2022 (Kenney, Christopher) (Main Document 43 replaced on 11/22/2021) (asni, ). Modified to replace with corrected document as provided by the filing user on 11/22/2021 (asni, ).
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Filing 42
***DOCUMENT E-MAILED #41 Order to Unseal Case to Stanley D Ragsdale, Christopher P Kenney. (asni, )
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Filing 41
Order to Unseal Case. All claims asserted on behalf of Maryland are hereby dismissed without prejudice. Signed by Honorable J Michelle Childs on 9/13/2021. (asni, )
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Filing 40
NOTICE of ELECTION to decline intervention by The United States of America (Ragsdale, Stanley)
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Filing 39
***DOCUMENT E-MAILED 38 Order on Motion for Reconsideration to Stanley D Ragsdale, Christopher P Kenney. (asni, )
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Filing 38
TEXT ORDER: In this qui tam action, Plaintiff-Relator Patricia Crocano alleges that Defendants Trividia Health, Inc., Trividia Healthcare Systems, LLC, and Trividia Meditech, LLC (collectively "Defendants") "knowingly manufactured, sold, and distributed into interstate commerce defective TRUEtestTM ("TRUEtest") glucose test strips" and "defrauded Medicare of approximately $188 million, in violation of the False Claims Act ["FCA"], 31 U.S.C. 3729 et seq. and analogous state statutes." (ECF No. 1 at 3 1, 4 3.) This matter is before the court on Plaintiff-Relator's Motion to Reconsider Order Granting Extension of the Qui Tam Seal pursuant to Rule 54(b) of the Federal Rules of Civil Procedure (ECF No. 35). Specifically, Plaintiff-Relator seeks reconsideration of the court's Order (ECF No. 33) entered on May 11, 2021 (the "May Order"), extending the period in which the Government may elect to intervene under 31 U.S.C. 3730(b)(3) by four (4) months to September 10, 2021. Plaintiff-Relator asserts that "the seal extension should be reconsidered because (1) the [G]overnment's professed reason for wanting to extend the seal i.e., settlement discussions is not a lawful reason under the FCA and (2) the [G]overnment has not made a good cause showing sufficient to justify maintaining the seal beyond the more than four years (51 months to be precise) this action has been pending." (ECF No. 35 at 12.) The Government opposes the Motion to Consider arguing Plaintiff-Relator "Relator does not have standing to challenge the extension, and because the [c]ourt properly extended the seal period for good cause shown." (ECF No. 36 at 1.) "Although Rule 54(b) does not specify grounds for seeking reconsideration, the Fourth Circuit has recognized three grounds for amending an earlier judgment: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice." Emp'rs' Innovative Network, LLC v. Bridgeport Benefits, Inc., C/A NO. 5:18-cv-01082, 2019 WL 8160984, at 1 (S.D. W. Va. Sept. 17, 2019) (citation omitted); see also Beyond Sys., Inc. v. Kraft Foods, Inc., C/A No. PJM-08-409, 2010 WL 3059344, at *2 (D. Md. Aug. 4, 2010) ("This three-part test shares the same three elements as the Fourth Circuit's test for amending an earlier judgment under Rule 59(e), but the elements are not applied with the same force when analyzing an[] interlocutory order.") (citations omitted). Upon its review, the court observes that even after considering Plaintiff-Relator's argument that "maintaining the seal to facilitate settlement and without a good cause showing is a clear error of law" (ECF No. 35-1 at 6), it finds more persuasive the Government's unopposed assertion that "[t]he FCA contains no [] provision granting relators any right to participate in or object to the Government's investigative activities, or to this [c]ourt's 'good cause' determination." (ECF No. 36 at 6.) Therefore, the court is unable to conclude that it committed clear error in extending the intervention period. United States v. Harvey, 532 F.3d 326, 336 (4th Cir. 2008) (observing that clear error occurs when the reviewing court "is left with the definite and firm conviction that a mistake has been committed." (internal quotation marks omitted)). Accordingly, the court DENIES Plaintiff-Relator's Motion to Reconsider Order Granting Extension of the Qui Tam Seal. (ECF No. #35 .) Signed by Honorable J Michelle Childs on 6/4/2021.(asni, )
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Filing 37
REPLY to Response to Motion re #35 MOTION for Reconsideration Order granting extension of the qui tam seal Response filed by Patricia Crocano. (Kenney, Christopher)
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Filing 36
RESPONSE in Opposition re #35 MOTION for Reconsideration Order granting extension of the qui tam seal Response filed by The United States of America.Reply to Response to Motion due by 6/3/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ragsdale, Stanley)
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Filing 35
MOTION for Reconsideration Order granting extension of the qui tam seal by Patricia Crocano. Response to Motion due by 5/27/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Kenney, Christopher)
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SYSTEM ENTRY - Docket Entry 34 [misc] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 33 [order] restricted/sealed until further notice. (kpe)
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Filing 32
***Clerk Staff notes attorney couldn't file after hours. Motion will be backdated to 5/10. (asni, )
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SYSTEM ENTRY - Docket Entry 31 [motion] restricted/sealed until further notice. (kpe)
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Filing 30
NOTICE of Appearance by Christopher P Kenney on behalf of Patricia Crocano (Kenney, Christopher)
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Filing 29
NOTICE of Appearance by Richard A Harpootlian on behalf of Patricia Crocano (Harpootlian, Richard)
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SYSTEM ENTRY - Docket Entry 26 [motion] restricted/sealed until further notice. (kpe)
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Filing 28
***DOCUMENT E-MAILED 26 EX PARTE MOTION SEALED, 27 Ex Parte Order to Stanley Ragsdale. (asni, )
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SYSTEM ENTRY - Docket Entry 24 [order] restricted/sealed until further notice. (kpe)
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Filing 25
***DOCUMENT E-MAILED 24 Ex Parte Order,, 23 EX PARTE MOTION SEALED, 22 EX PARTE MOTION SEALED to Stanley Ragsdale (asni, )
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SYSTEM ENTRY - Docket Entry 23 [motion] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 22 [motion] restricted/sealed until further notice. (kpe)
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Filing 21
Set/Reset Deadlines: Specific Document due by 5/8/2020. (asni, )
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SYSTEM ENTRY - Docket Entry 19 [order] restricted/sealed until further notice. (kpe)
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Filing 20
***DOCUMENT E-MAILED 19 Ex Parte Order 18 EX PARTE MOTION SEALED to Stanley D Ragsdale (asni, )
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SYSTEM ENTRY - Docket Entry 18 [motion] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 15 [order] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 16 [order] restricted/sealed until further notice. (kpe)
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Filing 17
***DOCUMENT E-MAILED 14 EX PARTE MOTION SEALED, 16 Ex Parte Order, 15 Ex Parte Order 13 EX PARTE MOTION SEALED to Stanley D Ragsdale (asni, )
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SYSTEM ENTRY - Docket Entry 13 [motion] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 11 [order] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 10 [motion] restricted/sealed until further notice. (kpe)
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Filing 12
***DOCUMENT E-MAILED 11 Ex Parte Order to Stanley Ragsdale (asni, )
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Filing 9
***Deadlines terminated: status report (asni, )
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SYSTEM ENTRY - Docket Entry 7 [order] restricted/sealed until further notice. (kpe)
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SYSTEM ENTRY - Docket Entry 5 [motion] restricted/sealed until further notice. (kpe)
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Filing 8
***DOCUMENT E-MAILED 7 Ex Parte Order to Stanley Ragsdale (asni, )
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Filing 6
DELETION OF DOCKET ENTRY NUMBER 6 Reason: document filed in the wrong case (asni, )
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Filing 4
Set/Reset Deadlines: Status Report due by 5/3/2017. (asni, )
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SYSTEM ENTRY - Docket Entry 3 [misc] restricted/sealed until further notice. (kpe)
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Filing 2
Local Rule 26.01 Answers to Interrogatories by Patricia Crocano.(asni, ) (Main Document 2 replaced on 1/21/2022) (SSW).
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Filing 1
COMPLAINT against Trividia Health Inc, Trividia Healthcare Systems LLC, Trividia Meditech LLC ( Filing fee $ 400 receipt number 0420-6980336.), filed by Patricia Crocano. Service due by 5/3/2017(asni, ) (Main Document 1 replaced on 1/21/2022) (SSW).
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