MBA Benefit Administrators et al v. ELAP Services et al
| South Broward Hospital District on its own behalf and on behalf of other similarly situated healthcare facilities doing business as Memorial Healthcare System |
| ELAP Services and Group & Pension Administrators |
| MBA Benefit Administrators |
| 0:2022mc60226 |
| February 1, 2022 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Raag Singhal |
| Alicia O Valle |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 49 Certificate of Other Affiliates/Corporate Disclosure Statement by South Broward Hospital District (Widlanski, Benjamin) |
| Filing 48 NOTICE of Attorney Appearance by Eric Samuel Kay on behalf of South Broward Hospital District (Kay, Eric) |
| Filing 47 NOTICE of Attorney Appearance by Michael Robert Lorigas on behalf of South Broward Hospital District (Lorigas, Michael) |
| Filing 46 NOTICE of Attorney Appearance by Benjamin Jacobs Widlanski on behalf of South Broward Hospital District (Widlanski, Benjamin) |
| Filing 45 NOTICE of Attorney Appearance by Tal J Lifshitz on behalf of South Broward Hospital District (Lifshitz, Tal) |
Filing 44
ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Appropriate Disposition. Signed by Judge Raag Singhal on 2/9/2022. See attached document for full details. (ls)
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Filing 43
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 2/9/2022. (eca)
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| Filing 42 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 2/9/2022. (eca) |
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Filing 41
ORDER TRANSFERRING CASE to Judge Raag Singhal for all further proceedings, accepted and signed on 2/8/2022. Judge Rodolfo A. Ruiz, II no longer assigned to case. Signed by Judge Rodolfo A. Ruiz, II on 2/7/2022. See attached document for full details. (ls)
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| Filing 40 Bar Letter re: Admissions sent to attorney Chad R. Derum, Bentley J. Tolk, Patrick C. Timoney, Dean Malik, Kristopher R. Alderman, Patrick M. Emery, mailing date February 2, 2022, (pt) |
| Filing 39 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (bb) |
| Filing 38 Case transferred in from Utah; Case Number 2:21-mc-00677. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 37 Modification of Docket: Error: Docket entry entered in incorrect case. Correction: Docket entry stricken re #27 Report Regarding Patent and Trademark. (dla) |
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Filing 34
DOCKET TEXT ORDER. When this court reviews a non-dispositive pretrial ruling by a magistrate judge, it must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law. Fed. R. Civ. P. 72(a). A ruling on a motion seeking transfer of venue is not dispositive. See Anthony F. v. Highmark Blue Cross Blue Shield, No. 2:19-CV-00183-HCN-PMW, 2020 WL 1939134, at *1 n.4 (D. Utah Apr. 22, 2020). Having carefully considered #32 Objection to Order Granting Motion to Transfer, #26 Order Granting #6 Motion to Transfer, the transcript of the hearing on this motion before Judge Bennett, and the briefs that the parties submitted to Judge Bennett, the court cannot say that Judge Bennett's ruling was either clearly erroneous or... contrary to law. Id. It is clear from the ruling that Judge Bennett considered whether this case presented exceptional circumstances as required by Federal Rule of Civil Procedure 45(f). See Dkt. No. 26 at 3. And the court cannot say that either of Judge Bennetts conclusionsthat the same issues are likely to arise in discovery in many districts, see Fed. R. Civ. P. 45 advisory committees note to 2013 amendment, subdivision (f), or that any interest MBA might have in obtaining a local resolution of its motion to quash is outweighed by the interest in consistent legal rulings, Dkt. No. 26 at 5&, is clearly erroneous. As the Seventh Circuit has explained in a somewhat similar context, to qualify as clearly erroneous, a decision must be more than just maybe or probably wrong; it must... strike us as wrong with the force of a five-week-old, unrefrigerated dead fish. Parts & Elec. Motors, Inc. v. Sterling Elec., Inc., 866 F.2d 228, 233 (7th Cir. 1988). That is certainly not the case here. #32 Objection to Order Granting Motion to Transfer is OVERRULED. Petitioner also indicates that it seeks a stay of the transfer order. See Dkt. No. 32 at 12. Pursuant to local rule 72-3, [a] motion for a stay of a magistrate judge order must first be addressed by the magistrate judge who issued the order. DUCivR 72-3(a). Petitioner must present its request for a stay in the first instance to Judge Bennett. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 1/29/2022. (dgg)
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| Filing 33 NOTICE: The court received a bounce-back notification indicating that the primary email address patrick.emery@fisherbroyles.com, for attorney Patrick M. Emery is invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl) |
| Filing 36 Mail sent to Omar Mazien Ali-Shamaa Returned as Undeliverable. (dla) |
| Filing 35 Mail sent to Danya Pincavage Returned as Undeliverable. (dla) |
| Filing 32 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by MBA Benefit Administrators re #26 Order, (Tolk, Bentley) |
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Filing 31
ORDER granting #30 Motion for Admission Pro Hac Vice of Attorney Michael Robert Lorigas for South Broward Hospital District.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 1/24/22. (dla)
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| Filing 30 MOTION for Admission Pro Hac Vice of Michael R. Lorigas Nunc Pro Tunc, Registration fee $ 250, receipt number AUTDC-4227232,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff South Broward Hospital District. (Attachments: #1 Exhibit A - Application for Pro Hac Vice - Michael Lorigas, #2 Exhibit B - Order re Pro Hac Vice Admission - Michael Lorigas, #3 Exhibit C - Declaration of Chad R. Derum)(Derum, Chad) |
| Filing 28 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Electronic Motion Hearing held on 1/12/22 before Judge Jared C. Bennett. Court Reporter/Transcriber Laura Robinson, Telephone number (801) 328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2022. Redacted Transcript Deadline set for 3/1/2022. Release of Transcript Restriction set for 4/18/2022. (alf) |
| Filing 27 STRICKEN ENTERED IN INCORRECT CASE Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Exhibit Order Dismissing Case) (dla) Modified by striking docket entry on 1/13/2022 (dla). |
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Filing 26
ORDER granting #6 Motion to Transfer: If neither party files an objection to this Order with the district judge, this case shall be transferred to the Southern District of Florida on January 28, 2022. If an objection is filed, transfer will occur at the discretion of the district judge. Signed by Magistrate Judge Jared C. Bennett on 1/13/22. (dla) Modified by editing docket entry relationship, editing docket text on 1/13/2022 (dla).
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| Filing 25 Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 1/12/2022 re #6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support an filed by South Broward Hospital District, #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support filed by MBA Benefit Administrators. All parties appeared by ZOOM. Court heard argument. The court GRANTED #6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida. Written Order to follow Attorney for Plaintiff: Bentley J. Tolk Dean Malik, Attorney for Defendant: Chad R. Derum Tal J. Lifshitz Michael R. Lorigas. Court Reporter: ZOOM 7.100.(ksm) |
| Filing 24 Plaintiff's RESPONSE to #23 Notice of Supplemental Authority REPLY to Response to Motion re #6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support an filed by Plaintiff South Broward Hospital District. (Attachments: #1 Exhibit A - Plaintiff-Appellee's Motion to Dismiss Appeal, #2 Exhibit B - Letter to TLifshitz from US Court of Appeals)(Derum, Chad) Modified by correcting docket text on 1/6/2022 (dla). |
| Filing 23 NOTICE of SUPPLEMENTAL AUTHORITY by MBA Benefit Administrators re #22 Reply Memorandum/Reply to Response to Motion, #6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support an, #7 Memorandum in Opposition to Motion, (Attachments: #1 Exhibit A - Notice of Appeal Dated 12/7/2021, #2 Exhibit B - Notice of Appeal Dated 12/22/2021) (Tolk, Bentley) |
| Filing 22 REPLY to Response to Motion re #6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support an filed by Plaintiff South Broward Hospital District. (Derum, Chad) |
| Filing 21 Mail sent to Douglas Wolfe Returned as Undeliverable. (dla) (Additional attachment(s) added on 1/3/2022: #1 rescanned for OCR) (kb). (Additional attachment(s) added on 1/3/2022: #2 rescanned for OCR) (kb). |
| Filing 20 Mail sent to Danya Pincavage Returned as Undeliverable. (dla) |
| Filing 19 Mail sent to Omar Mazien Ali-Shamaa Returned as Undeliverable. (dla) |
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Filing 18
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Patrick C. Timoney for MBA Benefit Administrators.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 12/22/21. (dla)
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Filing 17
ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney Dean Malik for MBA Benefit Administrators.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 12/22/21. (dla) Modified on 12/22/2021 corrected attorney's name to Malik(nl).
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| Filing 16 MOTION for Admission Pro Hac Vice of Patrick Timoney , Registration fee $ 250, receipt number AUTDC-4200826,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner MBA Benefit Administrators. (Attachments: #1 Exhibit A - Pro Hac Application - Patrick Timoney, #2 Exhibit B - Order Pro Hac Vice - Patrick Timoney)(Tolk, Bentley) |
| Filing 15 MOTION for Admission Pro Hac Vice of Dean Malik , Registration fee $ 250, receipt number AUTDC-4200795,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner MBA Benefit Administrators. (Attachments: #1 Exhibit A - Pro Hac Application - Dean Malik, #2 Exhibit B - Order Pro Hac Vice - Dean Malik)(Tolk, Bentley) |
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Filing 11
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Tal J Lifshitz for MBA Benefit Administrators.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 12/16/21. (dla)
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Filing 10
ORDER Setting ZOOM Hearing on Motion #6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support an, #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support : Motion Hearing set for 1/12/2022 at 02:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett.ZOOM Instructions will be sent to all parties prior to the hearing. The general public is to notify Judge Bennett's chambers by email, kirsten_mumford@utd.uscourt.gov, at least 24 hours in advance of hearing if they wish to listen in on ZOOM hearing. Signed by Magistrate Judge Jared C. Bennett on 12/15/21. (ksm)
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| Filing 9 MOTION for Admission Pro Hac Vice of Tal J. Lifshitz , Registration fee $ 250, receipt number 4188886,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner MBA Benefit Administrators. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order Order) Attorney Tal J Lifshitz added to party MBA Benefit Administrators(pty:pet)(Lifshitz, Tal) |
| Filing 8 REPLY to Response to Motion re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support filed by Petitioner MBA Benefit Administrators. (Tolk, Bentley) |
| Filing 7 MEMORANDUM in Opposition re #6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support an filed by Petitioner MBA Benefit Administrators. (Tolk, Bentley) |
| Filing 6 MOTION to Transfer MBA Benefit Administrators, Inc.'s Motion to Quash to the Southern District of Florida re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support and Memorandum in Support filed by Plaintiff South Broward Hospital District. (Attachments: #1 Exhibit A - HIPAA-Qualified Protective Order, #2 Exhibit B - Confidentiality Order, #3 Exhibit C - 2021-06-24 Hr'g Transcript, #4 Exhibit D - ND Ill Order) Motions referred to Jared C. Bennett.(Derum, Chad) |
| Filing 5 MEMORANDUM in Opposition re #2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support filed by Plaintiff South Broward Hospital District. (Attachments: #1 Exhibit A - ND Ill Order, #2 Exhibit B - HIPAA-Qualified Protective Order, #3 Exhibit C - Confidentiality Order) Attorney Chad R. Derum added to party South Broward Hospital District(pty:pla)(Derum, Chad) |
| Filing 14 Mail sent to Douglas Wolfe Returned as Undeliverable. (dla) |
| Filing 12 Mail sent to Omar Mazien Ali-Shamaa Returned as Undeliverable. (dla) Modified by correcting filing date on 12/28/2021 (dla). |
| Filing 13 Mail sent to Danya Pincavage Returned as Undeliverable. (dla) |
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Filing 4
DOCKET TEXT ORDER. Non-Party Petitioner MBA Benefit Administrators, Inc.'s #2 Motion to Quash Subpoena to Produce Documents and Information seeks to resolve a dispute arising under Fed. R. Civ. P. 26 and 45 and would typically be governed by the restrictions set forth in DUCivR 37-1 for short-form discovery motions. However, having done a preliminary review of the motion, the court orders the parties to proceed according to the timing and procedural requirements of DUCivR 7-1 for Motions and Memoranda generally. Signed by Magistrate Judge Jared C. Bennett on 11/23/2021. (docket text order; no attached document)(aja)
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Filing 3
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Jared C. Bennett. Signed by District Judge Howard C. Nielson, Jr. Magistrate Judge Jared C. Bennett on 11/22/21. (dla) Modified by correcting signing judge on 11/29/2021 (dla).
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| Filing 2 MOTION to Quash Subpoena to Produce Documents and Information and Supporting Memorandum and Memorandum in Support filed by Petitioner MBA Benefit Administrators. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Subpoena to MBA, #3 Exhibit B - Affidavit of Andrea Gust, #4 Exhibit C - MHS Responses to Defendants' 2nd RFP, #5 Exhibit D - Reply Brief)(Tolk, Bentley) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Petitioner MBA Benefit Administrators is directed to E-File the Miscellaneous Case FIling Fee - Motion to Quash (found under Other Documents) and pay the filing fee of $ 49.00 by the end of the business day. Once the filing fee event is completed the initiating document (Motion to Quash and cover sheet ) may be E-filed.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nmt) |
| Miscellaneous Case Filing Fee for Motion to Quash received from Petitioner MBA Benefit Administrators. (Filing fee $ 49, receipt number AUTDC-4166766). (Tolk, Bentley) |
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