McBride et al v. McMillian et al
| McBride, Robert Joe McBride and Western Express, Inc. |
| McMillian, Marcus McMillian, The Atlanta Orthopaedic Surgery Center, LLC, Orthopaedic & Spine Surgery of Atlanta, LLC, Zevin & Rosenbloum, P.C., The Orlando Firm, P.C., Morse & Edwards, LLC, Kamal Kabakibou, Pavilion Spine Surgery Center, Ralph D'Auria, Key Health Medical Solutions, Inc., Oasis Legal Finance, LLC, John Does 1-20 and John Doe Corporations 1-20 |
| 1:2015cv00815 |
| March 20, 2015 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| XX US, Outside State |
| Amy Totenberg |
| Contract: Other |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on March 20, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Marcus McMillian's EXHIBITS DESTROYED as directed in #123 Exhibit Return Notification, #124 Exhibit Return Notification, (mec) |
| Filing 124 NOTICE to MARCUS MCMILLIAN regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS from the Jury Trial (1:09-cv-3393-AT)held February 23, 2015 through March 3, 2015, and the Motion "TRO" Hearing (1:15-cv-0815-AT) held May 1, 2015, pursuant to Local Rule 79.1D(2).(mec) |
| Filing 123 Correspondence to Marcus McMillian regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2). (aaq) |
| Clerk's Certificate of Mailing as to Marcus McMillian RE: #123 Exhibit Return Notification via certified mail/ERR (9171999991703257209447) (aaq) |
| Civil Case Terminated. (jtj) |
Filing 122
Order Authorizing Interpleader Disbursement (28 U.S.C. Section 1335). The Clerk is authorized and directed to draw a check on the funds on deposit in the registry of the Court in the amount of $30,000.00 payable to Morse and Edwards, LLC, and mail or deliver the check to Robert C. Edwards, Morse and Edwards, LLC. The Clerk also is authorized and directed to draw a check on the funds on depositin the registry of the Court in Court in the principal amount of $124,989.31, plus all accrued interest, minus any statutory users fees, payable to Marcus McMillian and mail or deliver the check to Marcus McMillian. Marcus McMillian and Morse and Edwards, LLC have waived any rights to appeal from this Order and therefore the funds may be disbursed immediately upon the entry of this Order. Marcus McMillian and Morse and Edwards, LLC are hereby dismissed with prejudice from this action and this action may be closed upon disbursement of the funds as set forth herein. Signed by Judge Amy Totenberg on 7/28/2017. (jtj) Modified on 7/28/2017 to edit docket text. (jtj)
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| Filing 121 Consent MOTION for Disbursement of Funds from the registry of the Court by Morse & Edwards, LLC. (Attachments: #1 Text of Proposed Order Exhibit A)(Edwards, Robert) Modified on 7/28/2017 to correct docket text. (adg). |
| Clerk's Certificate of Mailing as to Marcus McMillian re #122 Order Authorizing Interpleader Disbursement (28 U.S.C. Section 1335). Notice of street name change for the Atlanta courthouse included. (jtj) Modified on 7/28/2017 to edit docket text. (jtj) |
| Submission of #120 MOTION for Hearing, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 120 MOTION for Hearing for Partial Disbursement of Funds in Court Registry by Marcus McMillian. (jkl) |
| Submission of #118 MOTION for Interpleader Disbursement (28 U.S.C. Section 1335), submitted to District Judge Amy Totenberg. (jtj) |
| Filing 119 RESPONSE in Opposition re #118 MOTION for Interpleader Disbursement (28 U.S.C. Section 1335) filed by Morse & Edwards, LLC. (Edwards, Robert) |
| Filing 118 MOTION for Partial Disbursement of Funds from the Court Registry (28 U.S.C. Section 1335) by Marcus McMillian. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Envelope)(dfb) |
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Filing 117
ORDER GRANTING #116 Consent Motion for Disbursement of Funds from the Registry of the Court. The Clerk is authorized and directed to draw a check on the funds on deposit in the registry of this Court in the amount of $25,480 payable to Atlanta Orthopaedic Surgery Center, LLC, and mail or deliver the check to AOSC's counsel of record, Gregory F. Harley, Burr & Forman LLP. The Clerk is authorized and directed to draw a check on the funds on deposit in the registry of this Court in the amount of $65,520 payable to Orthopaedic & Spine Surgery of Atlanta, LLC, and mail or deliver the check to OSSA's counsel of record, Gregory F. Harley, Burr & Forman LLP. The Clerk of Court is hereby ordered to draw a check on the funds on deposit in the Registry of the Court in the amount of $9,300.00 payable to Key Health Medical Solutions, Inc., and mail or deliver the check to Key's counsel of record, John M. Hawkins, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC. Key, AOSC and OSSA are hereby dismissed with prejudice from this action. Signed by Judge Amy Totenberg on 3/29/2017. (jtj)
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| Clerk's Certificate of Mailing as to Marcus McMillian re #117 Order. Notice of street name change for the Atlanta courthouse included. (jtj) |
| Submission of #116 Consent MOTION for Disbursement of Funds from the registry of the Court, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 116 Consent MOTION for Disbursement of Funds from the registry of the Court with Brief In Support by Orthopaedic & Spine Surgery of Atlanta, LLC, The Atlanta Orthopaedic Surgery Center, LLC. (Attachments: #1 Text of Proposed Order Exhibit A)(Harley, Gregory) |
| Filing 115 Certified copy of JUDGMENT of USCA AFFIRMING the decision of the District Court re: #106 Notice of Appeal, filed by Marcus McMillian. Case Appealed to USCA- 11th Circuit. Case Number 15-15779. (pjm) |
| Filing 114 USCA Opinion received (AFFIRMED) re: #106 Notice of Appeal, filed by Marcus McMillian. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 15-15779-GG. (pjm) |
| Clerks Certificate of Mailing as to Marcus McMillian re #113 Order. Notice of street name change for the Atlanta courthouse included. (jpa) |
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Filing 113
ORDER directing the Clerk to ADMINISTRATIVELY CLOSE the case pending the outcome of Mr. McMillian's appeal. Signed by Judge Amy Totenberg on 10/11/16. (jpa)
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| Civil Case Terminated. (jpa) |
| Settlement Judge, Catherine M. Salinas terminated. (jtj) |
| Filing 112 Notice for Leave of Absence for the following date(s): June 24, 27-30, July 1, 22, 25-29, and August 1-3, by John M. Hawkins. (Hawkins, John) |
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Filing 111
ORDER GRANTING #110 Motion for Disbursement of Funds from the Registry of the Court. The Clerk of the Court is ordered to draw a check on the funds on deposit in the Registry of the Court in the amount of $3,000.00 payable to Dr. Ralph DAuria. The Clerk of the Court is hereby ordered to draw a check on the funds on deposit in the Registry of the Court to draw a check on the funds on deposit in the Registry of the Court in the amount of $6,400.00 payable to Oasis Legal Finance, LLC. Dr. Ralph DAuria and Oasis Legal Finance, LLC are hereby dismissed from this matter with prejudice. Signed by Judge Amy Totenberg on 1/07/2016. (jtj)
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| Filing 110 Consent MOTION for Disbursement of Funds from the registry of the Court to Defendants D'Auria and Oasis by Ralph D'Auria. (Attachments: #1 Text of Proposed Order proposed order)(Ware, Keri) |
| Submission of #110 Consent MOTION for Disbursement of Funds from the registry of the Court to Defendants D'Auria and Oasis, submitted to District Judge Amy Totenberg. (jtj) |
| Clerk's Certificate of Mailing as to Marcus McMillian re #111 Order. Additional copy provided for Financial. (jtj) |
| Filing 109 USCA Acknowledgment of #106 Notice of Appeal, filed by Marcus McMillian. Case Appealed to USCA- 11th Circuit. Case Number 15-15779-GG. (pjm) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #106 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 15-15779-GG. The entire record on appeal is available electronically. (pjm) |
| Filing 108 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: #106 Notice of Appeal. (pjm) |
| Filing 107 TRANSCRIPT ORDER FORM (No transcripts requested) re: #106 Notice of Appeal. FRAP 11 Certification due on 1/12/2016. (pjm) |
| Filing 106 NOTICE OF APPEAL as to #98 Order on Motion for Disbursement of Funds, Order on Motion to Dismiss, Order on Motion for Permanent Injunction, Order on Motion for Attorney Fees, Order on Motion to Amend, Order on Motion for Default Judgment, Order on Motion for Leave to File, by Marcus McMillian. Filing fee $ 505.00, receipt number GAN100079388. Transcript Order Form due on 1/12/2016 (Attachments: #1 USCA Appeal Fees, #2 NOA Transmittal Letter)(pjm) (Additional attachment(s) added on 12/29/2015: #3 Corrected NOA Transmittal Letter) (pjm). |
| DOCUMENT FILED IN ERROR ORAL ORDER: The in-person mediation session previously set for December 10 at 11:30 a.m. has been continued to allow the parties to continue their negotiations by telephone. The in-person mediation session may be rescheduled if the telephonic negotiations not successful. (pjm) Modified on 12/10/2015 (pjm). |
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ORAL ORDER: The in-person mediation session previously set for December 10 at 11:30 a.m. has been continued to allow the parties to continue their negotiations by telephone. The in-person mediation session may be rescheduled if the telephonic negotiations not successful. Ruled on by Magistrate Judge Catherine M. Salinas on 12/10/15 entered as directed by Chambers. (pjm)
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Filing 105
ORDER. The start time for the mediation has been moved to 11:30 a.m. The parties are hereby ORDERED to appear for mediation on December 10, 2015, at 11:30 a.m. in Courtroom 1810. Prior to mediation, each party will have a short telephone conference with Judge Salinas and John D. Steele, the facilitator appointed to this case. Signed by Magistrate Judge Catherine M. Salinas on 12/02/2015. (See order for instructions)(jtj)
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Filing 104
ORDER DENYING #103 Motion for Reconsideration. Signed by Judge Amy Totenberg on 12/02/2015. (jtj)
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| Clerk's Certificate of Mailing as to Marcus McMillian re #105 Order. (jtj) |
| Clerk's Certificate of Mailing as to Marcus McMillian re #104 Order. (jtj) |
| Filing 103 MOTION for Reconsideration of #98 Order, by Marcus McMillian. (jtj) |
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Filing 102
ORDER APPOINTING John D. Steele as facilitator. Mr. Steele has agreed to serve in a pro bono capacity, at no charge to the parties or Court. Mr. Steele shall be authorized to meet with any of the parties alone in the course of the mediation, along with Magistrate Judge Salinas, consistent with standard mediation practices, and shall in particular be available to the Plaintiff for consultation with respect to the claims at issue against the judgment he has secured. All communications within the framework of the mediation shall be confidential. Signed by Judge Amy Totenberg on 11/13/2015. (jtj)
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| Clerk's Certificate of Mailing as to Marcus McMillian re #102 Order. (jtj) |
| Clerk's Certificate of Mailing as to Marcus McMillian re #101 Order. (jtj) |
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Filing 101
ORDER scheduling Mediation for 12/10/2015 at 09:30 AM in ATLA Courtroom 1810 before Magistrate Judge Catherine M. Salinas. The parties are ORDERED to be physically present at the mediation. Signed by Magistrate Judge Catherine M. Salinas on 11/12/2015. (jtj)
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| Filing 100 Petition for Leave of Absence for the following date(s): April 22-May 06, 2016, July 1-July 5, 2016, and October 26-November 1, 2016, by Robert C. Edwards. (Edwards, Robert) |
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Filing 99
ORDER OF DISBURSEMENT of Funds: The Clerk is authorized and directed to draw a check on the funds on deposit in the Registry of this Court in the amount of $10,277.09, payable to Western Express, Inc., 7135 Centennial Place, Nashville, Tennessee 37209, and mail or deliver the check to Plaintiffs' counsel of record, Robert J. McCune, at 191 Peachtree Street, N.E., Suite 2900, Atlanta, Georgia 30303. Signed by Judge Amy Totenberg on 11/4/2015. (anc)
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Filing 98
ORDER : (1) Defendant McMillian's Motion to Amend Answer to Add Claims #87 is DENIED; (2) Plaintiffs' Motion for Leave to File Sur Reply #96 is DENIED; (3) Plaintiffs' Motion for Dismissal and Permanent Injunction #66 are GRANTED; (4) Plaintiffs are dismissed and discharged from this action; (5) Defendant-claimants are hereby immediately ENJOINED from instituting or prosecuting any proceeding against Plaintiffs in any State or other United States court affecting, or determining rights to, the disputed funds at issue in this interpleader action; (6) Plaintiffs' Motion for Attorney's Fees #66 is DENIED; (7) Plaintiffs' Motion for Disbursement of Funds #60 is GRANTED IN PART and DENIED IN PART; (8) Plaintiffs are entitled to reimbursement of $10,277.09 of miscalculated interest deposited into the Court's registry, and a separate certified Order of Disbursement will be entered; (9) The Parties' Joint Motion for Default Judgment Against The Orlando Firm, P.C., Kamal Kabakibou, M.D., and Pavilion Spine Surgery Center, LLC #94 is GRANTED; (10) Defendants The Orlando Firm, P.C., Kamal Kabakibou, M.D., and Pavilion Spine Surgery Center, LLC have forfeited any claimed entitlement to the interplead funds that are the subject of this action; (11) Defendant McMillian's request to proceed with discovery is DENIED; and (12) This matter is referred for mediation with Magistrate Judge Catherine M. Salinas to be completed WITHIN 60 DAYS of the entry date of this Order. Defendants Atlanta Orthopaedic Surgery Center and Orthopaedic & Spine Surgery of Atlanta are DIRECTED to provide the Court, in advance of the scheduled mediation, documentation of their contracted amounts for both in network and out of network insurance plans for the medical services provided to Mr. McMillian during the relevant years. The Court is willing to attempt to find and appoint counsel to assist Defendant McMillian at the mediation, if desired, and Defendant McMillian is DIRECTED to notify the Court whether he is interested in having counsel present on his behalf at the mediation NO LATER THAN November 13, 2015. Signed by Judge Amy Totenberg on 11/4/2015. (anc)
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ORDER REFERRING CASE to Settlement Judge Magistrate Judge Catherine M. Salinasfor mediation to be completed WITHIN 60 DAYS of the entry date of this Order. Signed by Judge Amy Totenberg on 11/4/2015. (anc)
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| Clerks Certificate of Mailing as to Marcus McMillian re #99 Order of Disbursement/Distribution of Funds, #98 Order. Notice of street name change for the Atlanta courthouse included. (anc) |
| Filing 97 TRANSCRIPT of Motion Proceedings held on 4/24/2015, before Judge Amy Totenberg. Court Reporter/Transcriber Elise Evans, Telephone number 404-215-1456. 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 11/20/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/28/2016. (Attachments: #1 Notice of Filing) (ee) |
| Filing 96 MOTION for Leave to File Sur Reply Brief to Defendant Marcus McMillian's Reply Brief to Plaintiffs' Response to #87 Motion for Leave to Amend Answer to Add Claims by Robert Joe McBride, Western Express, Inc. (Attachments: #1 Brief Plaintiffs' Sur Reply Brief to Defendant Marcus McMillian's Reply Brief)(McCune, Robert) |
| Submission of #87 MOTION to Amend, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 95 Joint Notice Regarding Discovery re #92 Order, by Morse & Edwards, LLC. (Edwards, Robert) |
| Filing 94 Joint MOTION for Clerk's Entry of Default JUDGMENT by Morse & Edwards, LLC. (Attachments: #1 Memorandum of Law in Support of Joint Application for Entry of Default Judgment)(Edwards, Robert) |
| Clerks Certificate of Mailing as to Marcus McMillian re #92 Order. Notice of street name change for the Atlanta courthouse included. (bdb) |
| Filing 93 REPLY to Response to Motion re #87 MOTION to Amend filed by Marcus McMillian. (tcc) |
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Filing 92
ORDER Directing Clerk to strike 85 Plaintiffs' Motion for Protective Order. Denying without prejudice #86 Plaintiffs' Motion for Hearing and #84 Motion for Expedited Status Conference. Parties are DIRECTED to file with the Court a joint notice of the subjects on which discovery is needed NO LATER THAN FRIDAY, OCTOBER 23, 2015. Any party contending discovery is not needed may indicate such position in the joint notice. The Court will then determine whether to schedule a conference. Plaintiffs are excused from responding to Defendant McMillian's discovery requests pending further order of the Court and the parties are to comply with the Court's required procedure in the event the Court allows any discovery and any disputes arise in the future. Signed by Judge Amy Totenberg on 10/13/2015. (bdb)
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| Filing 91 RESPONSE re #87 MOTION to Amend Answer to Add Claims filed by Robert Joe McBride, Western Express, Inc. (Attachments: #1 Exhibit Plaintiffs' Answer to Defendant McMillian's Proposed Counterclaims for Negligence, Fraud and Declaratory Judgment)(McCune, Robert) |
| Filing 90 RESPONSE in Opposition to 85 MOTION for Protective Order, filed by Marcus McMillian. (jtj) |
| Filing 89 NOTICE Of Filing Amendment to #87 MOTION to Amend Answer to Add Claims, by Marcus McMillian (jtj) |
| Filing 88 CERTIFICATE OF SERVICE of Defendant Marcus McMillian's First Set of Interrogatories to Plaintiff and Request for Production of Documents, by Marcus McMillian. (jtj) |
| Filing 87 MOTION to Amend Answer to Add Claims, by Marcus McMillian. (Attachments: #1 Exhibit 1) (jtj) |
| Filing 86 MOTION for Hearing re 85 MOTION for Protective Order by Robert Joe McBride, Western Express, Inc.. (McCune, Robert) |
| Filing 84 MOTION for Expedited Status Conference by Marcus McMillian. (jtj) |
| Filing 83 Initial Disclosures by Oasis Legal Finance, LLC.(Fattahi, Parsa) |
| Filing 82 Petition for Leave of Absence for the following date(s): October 22 - October 27 2015, by Robert C. Edwards. (Edwards, Robert) |
| Filing 81 First Initial Disclosures by Key Health Medical Solutions, Inc..(Hawkins, John) |
| Filing 80 Initial Disclosures by Marcus McMillian. (jtj) |
| Filing 79 Initial Disclosures by Orthopaedic & Spine Surgery of Atlanta, LLC, The Atlanta Orthopaedic Surgery Center, LLC.(Harley, Gregory) |
| Filing 78 Initial Disclosures by Robert Joe McBride, Western Express, Inc.. (Attachments: #1 Attachments A-E)(McCune, Robert) |
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Filing 77
SCHEDULING ORDER APPROVING #65 Joint Preliminary Report and Discovery Plan, except as modified herein: this case is assigned a 0-MONTH DISCOVERY TRACK. The parties SHALL file dispositive motions (or if no dispositive motions are filed their consolidated pretrial order) WITHIN 30 DAYS of this Court's ruling on Plaintiffs' Motion for Disbursement of Funds [Doc. 60] and Plaintiffs' Motion to Dismiss, Motion for Permanent Injunction, and Motion for Attorney's Fees [doc. 66]. It appears from the docket that Defendants Kamal Kabakibou and Pavilion Spine Surgery Center, LLC, have failed to file Answers and are in default. Signed by Judge Amy Totenberg on 8/19/2015. (jtj)
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| Clerk's Entry of Default as to Kamal Kabakibou and Pavilion Spine Surgery Center. (jtj) |
| Clerk's Certificate of Mailing as to Marcus McMillian re #77 Scheduling Order. (jtj) |
| Filing 76 Certificate of Interested Persons and Corporate Disclosure Statement by Marcus McMillian. (jtj) |
| Filing 75 Initial Disclosures by Morse & Edwards, LLC.(Edwards, Robert) |
| Filing 74 CERTIFICATE OF SERVICE of Discovery Requests to Marcus McMillian by Morse & Edwards, LLC.(Edwards, Robert) |
| Filing 73 Initial Disclosures by Morse & Edwards, LLC.(Edwards, Robert) |
| Filing 72 REPLY in Support re #66 MOTION to Dismiss MOTION for Permanent Injunction MOTION for Attorney Fees filed by Robert Joe McBride, Western Express, Inc. (McCune, Robert) Modified on 8/6/2015 to edit docket text. (jtj) |
| Submission of #66 MOTION to Dismiss, MOTION for Permanent Injunction, MOTION for Attorney Fees, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 71 Certificate of Interested Persons and Corporate Disclosure Statement by Morse & Edwards, LLC. (Edwards, Robert) |
| Filing 70 Certificate of Interested Persons and Corporate Disclosure Statement by Oasis Legal Finance, LLC. (Fattahi, Parsa) |
| Filing 69 RESPONSE in Opposition to #66 MOTION for Permanent Injunction, filed by Marcus McMillian. (jtj) |
| Filing 68 NOTICE Of Filing Amendment to #64 Answer to Amended Complaint, by Marcus McMillian. (jtj) |
| Filing 67 RESPONSE re #63 Order, filed by Robert Joe McBride, Western Express, Inc. (Attachments: #1 Text of Proposed Order)(McCune, Robert) |
| Filing 66 MOTION to Dismiss , MOTION for Permanent Injunction , MOTION for Attorney Fees by Robert Joe McBride, Western Express, Inc. (Attachments: #1 Affidavit of Robert J. McCune)(McCune, Robert) |
| Filing 65 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Morse & Edwards, LLC. (Edwards, Robert) |
| Submission of #65 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 64 ANSWER to #38 Amended Complaint by Marcus McMillian. (jtj) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 63
ORDER DIRECTING the Plaintiffs to supplement their Motion for Disbursement of Funds NO LATER THAN JULY 24, 2015 as follows to explain the basis for their initial interest calculation of $10,366.40; explain why their current calculation runs from the date of Judgment to the date of the preparation of the Writ of Execution; and explain why interest should not accrue during the pendency of this interpleader action while the Judgment creditor, Mr. McMillian, does not have access to the funds. Signed by Judge Amy Totenberg on 7/10/2015. (jtj)
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| Submission of #60 MOTION for Disbursement of Funds from the registry of the Court, submitted to District Judge Amy Totenberg. (jtj) |
| Filing 62 NOTICE Of Filing Amended Certificate of Service by Oasis Legal Finance, LLC re #61 Answer to Amended Complaint (Fattahi, Parsa) |
| Filing 61 ANSWER to #38 Amended Complaint by Oasis Legal Finance, LLC. (Attachments: #1 Exhibit A)(Fattahi, Parsa) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 60 MOTION for Disbursement of Funds from the registry of the Court by Robert Joe McBride, Western Express, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(McCune, Robert) |
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Filing 59
ORDER DENYING #42 Mr. McMillian's Motion to Dismiss and #52 Motion to Withdraw Funds from the Registry of the Court. The Clerk is DIRECTED (1) VACATE its approval of Plaintiffs' Notice of Voluntary Dismissal as to Oasis Legal Finance, LLC, STRIKE Plaintiffs' Notice of Voluntary Dismissal and REINSTATE Oasis Legal Finance, LLC as an Interpleader Defendant. The Court ORDERS Defendant Oasis Legal Finance, LLC to file its Answer to Plaintiffs' Amended Complaint no later than June 30, 2015. The Court further ORDERS Defendant Marcus McMillian to file his Answer to Plaintiffs' Amended Complaint no later than July 10, 2015. The Court DIRECTS the parties to conduct their Rule 16 Conference no later than July 1, 2015, and to submit their Joint Preliminary Report and Discovery Plan no later than July 15, 2015. Finally, the Court DIRECTS Plaintiffs to seek dismissal from the case no later than July 15, 2015. Signed by Judge Amy Totenberg on 6/16/2015. (jtj)
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| Filing 58 RESPONSE in Opposition re #52 MOTION for Disbursement of Funds from the registry of the Court filed by Morse & Edwards, LLC. (Edwards, Robert) |
| Filing 57 RESPONSE in Opposition re #52 MOTION for Disbursement of Funds from the registry of the Court filed by Robert Joe McBride, Western Express, Inc.. (McCune, Robert) |
| Filing 56 RESPONSE re #52 MOTION for Disbursement of Funds from the registry of the Court filed by Key Health Medical Solutions, Inc.. (Hawkins, John) |
| VACATED PER #59 ORDER Clerk's Entry of Dismissal APPROVING #54 Notice of Voluntary Dismissal Without Prejudice as to Oasis Legal Finance, LLC, pursuant to Fed.R.Civ.P.41(a)(1)(i). (jtj) Modified on 6/16/2015. (jtj) |
| Filing 55 SUPPLEMENTAL RESPONSE in Opposition re #42 MOTION to Dismiss filed by Robert Joe McBride, Western Express, Inc. (McCune, Robert) |
| Filing 54 STRICKEN PER #59 ORDER NOTICE of Voluntary Dismissal of Oasis Legal Finance, LLC filed by Robert Joe McBride, Western Express, Inc. (McCune, Robert) Modified on 6/16/2015. (jtj) |
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Filing 53
ORDER DIRECTING Plaintiffs to present, by June 5, 2015, evidence establishing the citizenship of each member of Oasis Legal Finance Holding Company, LLC, including all member LLCs. Plaintiffs are ADVISED that the failure to do so will result in the dismissal of this action for lack of jurisdiction. Signed by Judge Amy Totenberg on 5/27/2015. (jtj)
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| Filing 52 MOTION to Withdraw Funds from the registry of the Court by Marcus McMillian. (jtj) |
| Filing 51 ANSWER to #38 Amended Complaint by Orthopaedic & Spine Surgery of Atlanta, LLC, The Atlanta Orthopaedic Surgery Center, LLC.(Harley, Gregory) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 50 STIPULATION and Affidavit of Lou Vena by Robert Joe McBride, Western Express, Inc.. (McCune, Robert) |
| Filing 49 ANSWER to #38 Amended Complaint by Morse & Edwards, LLC.(Edwards, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 48 ANSWER to #38 Amended Complaint by Key Health Medical Solutions, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 47 ANSWER to #38 Amended Complaint by Ralph D'Auria. (Ware, Keri) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 46
ORDER DIRECTING the plaintiff to present, by May 27, 2015, evidence establishing the citizenship of Defendant Oasis Legal Finance, LLC, as set forth in this Order. Plaintiffs are ADVISED that the failure to do so will result in the dismissal of this action for lack of jurisdiction. Signed by Judge Amy Totenberg on 5/20/2015. (jtj)
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| Filing 45 RESPONSE re #42 MOTION to Dismiss filed by Robert Joe McBride, Western Express, Inc.. (McCune, Robert) |
| Filing 44 STIPULATION by Key Health Medical Solutions, Inc. by Robert Joe McBride, Western Express, Inc.. (McCune, Robert) |
| Filing 43 AMENDED ANSWER to Complaint for Interpleader, Injunction, and Declaratory Relief by Key Health Medical Solutions, Inc.. (Attachments: #1 Exhibit Lien Documents, #2 Exhibit Combined Invoice)(Hawkins, John) |
| Filing 42 MOTION to Dismiss for lack of Subject Matter Jurisdiction by Marcus McMillian. (Attachments: #1 Exhibit 1) (jtj) |
| Filing 41 McMillian's Exhibit 1 received from Courtroom Deputy. (Attachments: #1 McMillian's Exhibit 1) (jtj) |
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Filing 40
ORDER GRANTING #39 Motion to Withdraw Stephen James Cohen as attorney for plaintiffs. Signed by Judge Amy Totenberg on 5/08/2015. (jtj)
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| Filing 39 MOTION to Withdraw Stephen James Cohen as Attorneyby Robert Joe McBride, Western Express, Inc.. (Attachments: #1 Text of Proposed Order)(Cohen, Stephen) |
| Filing 38 First AMENDED COMPLAINT against All Defendants, filed by Robert Joe McBride, Western Express, Inc..(McCune, Robert) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 37 NOTICE of Settlement (proposed) by Ralph D'Auria (Attachments: #1 Exhibit A)(Ware, Keri) |
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Filing 36
AMENDED ORDER GRANTING the Motion for Dismissal Without Prejudice as to Zevin and Rosenbloum, P.C. Signed by Judge Amy Totenberg on 5/05/2015. (jtj)
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Filing 35
ORDER GRANTING #33 Motion to Dismiss With Prejudice Zevin and Rosenbloum, P.C. Zevin & Rosenbloum, P.C terminated from this civil action. Signed by Judge Amy Totenberg on 5/05/2015. (jtj)
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| Filing 34 Return of Service Executed by U.S. Marshal. Oasis Legal Finance, LLC served on 4/24/2015, answer due 5/15/2015. (jtj) |
| Submission of #33 Joint MOTION to Dismiss Zevin & Rosenbloum, P.C., submitted to District Judge Amy Totenberg. (jtj) |
| Filing 33 Joint MOTION to Dismiss Zevin & Rosenbloum, P.C. by Robert Joe McBride, Western Express, Inc.. (Attachments: #1 Text of Proposed Order)(McCune, Robert) |
| Filing 32 Minute Entry for proceedings held before Judge Amy Totenberg: Motion Hearing held on 5/1/2015 re #4 MOTION for Preliminary Injunction. The Court entered a preliminary injunction to preserve the status quo and allow the Court sufficient time to determine how the funds should be allocated.Plaintiffs were directed to file an amended complaint no later than May 9, 2015. (Court Reporter Elise Evans) (jtj) |
| Filing 31 NOTICE of Appearance by Roger W. Orlando and John N. Edmonson on behalf of The Orlando Firm, P.C. (Attachments: #1 Appearance of Counsel) (jtj) |
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Filing 30
ORDER denying #19 Motion for Attorney Fees. The Court will determine Morse & Edwards' rights to the interpleader fund in the normal course of this interpleader action. Signed by Judge Amy Totenberg on 5/1/15. (jpa)
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| Remark: Received notice that attorney Amanda Wilson is no longer employed with the firm. Her electronic notification has been turned off (aar) |
| Clerk's Entry of Default as to The Orlando Firm, P.C., Zevin & Rosenbloum, P.C. (acm) |
| Filing 29 RESPONSE in Support re #4 MOTION for Preliminary Injunction Supplement Brief in Support of Motion for Injunctive Relief filed by Robert Joe McBride, Western Express, Inc.. (McCune, Robert) |
| Filing 28 Certificate of Interested Persons and Corporate Disclosure Statement by Orthopaedic & Spine Surgery of Atlanta, LLC, The Atlanta Orthopaedic Surgery Center, LLC. (Harley, Gregory) |
| Notification of Docket Correction re Fee Payment Received. Amount corrected to $274,966.40. (jtj) |
| Receipt of funds via wire in the amount of $274,966.40. Receipt # 15461900183. (jtj) Modified on 4/29/2015 to correct amount. (jtj) |
| Filing 27 Certificate of Interested Persons and Corporate Disclosure Statement by Morse & Edwards, LLC. (Edwards, Robert) |
| Filing 26 NOTICE by Morse & Edwards, LLC re #19 First MOTION for Attorney Fees to Foreclose the Attorney's Lien of Morse and Edwards, LLC. -Notice of Authority (Attachments: #1 Exhibit A)(Edwards, Robert) |
| Filing 25 NOTICE of Authority, re #19 First MOTION for Attorney Fees to Foreclose the Attorney's Lien of Morse and Edwards, LLC., by Morse & Edwards, LLC. (Edwards, Robert) |
| Filing 24 Minute Entry for proceedings held before Judge Amy Totenberg: Motion Hearing. The Court GRANTED #6 Motion to Deposit Funds. The Court found that there was at least enough of a showing to issue a temporary restraining order for a 10 day period. Plaintiff was directed to deposit funds to satisfy the judgment in l:09-cv-3393-AT into the registry of the Court. Hearing was set for May 1, 2015, at 3:00 PM in Courtroom 2308 (Court Reporter Elise Evans) (jtj) |
| Filing 23 Certificate of Interested Persons and Corporate Disclosure Statement by Key Health Medical Solutions, Inc. (Hawkins, John) |
| Filing 22 ANSWER to #1 COMPLAINT for Interpleader, Injunction, and Declaratory Relief by Key Health Medical Solutions, Inc..(Hawkins, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 21 Return of Service Executed by U.S. Marshal. Kamal Kabakibou and Pavilion Spine Surgery Center served on 4/22/2015, answer due 5/13/2015. (jtj) |
| Filing 20 NOTICE of Appearance by Amanda Elizabeth Wilson on behalf of Orthopaedic & Spine Surgery of Atlanta, LLC, The Atlanta Orthopaedic Surgery Center, LLC (Wilson, Amanda) |
| Filing 19 First MOTION for Attorney Fees to Foreclose the Attorney's Lien of Morse and Edwards, LLC. by Morse & Edwards, LLC. (Attachments: #1 Affidavit of Robert C. Edwards)(Edwards, Robert) |
| Filing 18 ANSWER to #1 COMPLAINT by Morse & Edwards, LLC.(Edwards, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 17 WAIVER OF SERVICE Returned Executed by Robert Joe McBride, Western Express, Inc.. Oasis Legal Finance, LLC waiver mailed on 4/23/2015, answer due 6/22/2015. (Cohen, Stephen) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Robert Joe McBride, Western Express, Inc. Kamal Kabakibou waiver mailed on 4/15/2015, answer due 6/14/2015. (McCune, Robert) Modified on 4/23/2015 to edit dates. (jtj) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Robert Joe McBride, Western Express, Inc. Pavilion Spine Surgery Center waiver mailed on 4/15/2015, answer due 6/14/2015. (McCune, Robert) Modified on 4/23/2015 to edit dates. (jtj) |
| Filing 14 NOTICE of Hearing by Robert Joe McBride, Western Express, Inc. (Cohen, Stephen) |
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Filing 13
ORDER Setting Hearing re: #4 MOTION for Preliminary Injunction. Hearing set Friday, for 4/24/2015 at 11:00 AM in ATLA Courtroom 2308 before Judge Amy Totenberg. If Mr. McMillian is not available for the scheduled hearing on Friday, or intends to seek counsel to represent him in these proceedings, he must contact the Courtoom Deputy Clerk, Amy McConochie, NO LATER THAN Thursday April 23, 2015 at 3:00 PM. Signed by Judge Amy Totenberg on 4/22/2015. (jtj)
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| Filing 12 Return of Service Executed by Robert Joe McBride, Western Express, Inc.. Marcus McMillian served on 4/22/2015, answer due 5/13/2015. (McCune, Robert) |
| Filing 11 AFFIDAVIT of Robert J. McCune, Esq. by Robert Joe McBride, Western Express, Inc.. (McCune, Robert) |
| Filing 10 Return of Service Executed by Robert Joe McBride, Western Express, Inc. Ralph D'Auria served on 4/3/2015, answer due 4/24/2015; Key Health Medical Solutions, Inc. served on 4/6/2015, answer due 4/27/2015; Morse & Edwards, LLC served on 4/8/2015, answer due 4/29/2015; Orthopaedic & Spine Surgery of Atlanta, LLC served on 3/27/2015, answer due 4/17/2015; The Atlanta Orthopaedic Surgery Center, LLC served on 3/27/2015, answer due 4/17/2015; The Orlando Firm, P.C. served on 4/3/2015, answer due 4/24/2015; Zevin & Rosenbloum, P.C. served on 3/27/2015, answer due 4/17/2015. (jtj) |
| Filing 9 Return of Service Unexecuted by US Marshals as to Marcus McMillian. Address not found. Location is a Publix grocery store. (jtj) |
| Filing 8 ANSWER to #1 COMPLAINT by Ralph D'Auria. (Ware, Keri) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 7 ANSWER to #1 COMPLAINT by Orthopaedic & Spine Surgery of Atlanta, LLC, The Atlanta Orthopaedic Surgery Center, LLC. Discovery ends on 9/11/2015.(Harley, Gregory) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Submission of #4 MOTION for Preliminary Injunction , submitted to District Judge Amy Totenberg. (jtj) |
| Filing 6 MOTION to Deposit Funds into the registry of the Court by Robert Joe McBride, Western Express, Inc.. (Attachments: #1 Text of Proposed Order)(McCune, Robert) |
| Filing 5 Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 4/06/2015. (jtj) |
| Filing 4 MOTION for Preliminary Injunction by Robert Joe McBride, Western Express, Inc.. (Attachments: #1 Text of Proposed Order)(McCune, Robert) |
| Filing 3 Electronic Summons Issued as to Ralph D'Auria, Kamal Kabakibou, Key Health Medical Solutions, Inc., Marcus McMillian, Morse & Edwards, LLC, Oasis Legal Finance, LLC, Orthopaedic & Spine Surgery of Atlanta, LLC, Pavilion Spine Surgery Center, The Atlanta Orthopaedic Surgery Center, LLC, The Orlando Firm, P.C. and Zevin & Rosenbloum, P.C. (jtj) |
| Filing 2 Certificate of Interested Persons by Robert Joe McBride, Western Express, Inc.. (jtj) |
| Filing 1 COMPLAINT filed filed by Robert Joe McBride, Western Express, Inc. Filing fee $400, receipt number 113E-5725224. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Blank Summons, #11 Civil Cover Sheet) (jtj) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 3/24/2015 to edit docket text. (jtj) |
| Submission of #1 Complaint with request for TRO, submitted to District Judge Amy Totenberg. (jtj) |
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