Patrick Henry Medical, L.L.C. et al v. Prochant, Inc.
Plaintiff: Patrick Henry Medical, L.L.C. doing business as Breath of Life and Miracle Durable Medical Equipement, Inc. doing business as Miracle DME
Defendant: Prochant, Inc.
Case Number: 1:2021cv04888
Filed: November 30, 2021
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
Presiding Judge: Steven D Grimberg
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2021 Opinion or Order Filing 44 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Gary Dean Corley. Clerk to follow-up by 1/3/2022. (nmb)
December 21, 2021 Opinion or Order Filing 43 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jason Ray Jobe. Clerk to follow-up by 1/3/2022. (nmb)
December 21, 2021 Opinion or Order Filing 42 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kerri Ann Panchuk. Clerk to follow-up by 1/3/2022. (nmb)
December 9, 2021 Opinion or Order Filing 41 NOTICE of Appearance by Adam Scott Rubenfield on behalf of Prochant, Inc. (Rubenfield, Adam)
December 9, 2021 Opinion or Order Filing 40 Certification of Consent to Substitution of Counsel. David J. Hungeling added as attorney. (Hungeling, David)
December 9, 2021 Opinion or Order Filing 39 NOTICE of Appearance by David J. Hungeling on behalf of Prochant, Inc. (Hungeling, David)
November 30, 2021 Opinion or Order Filing 38 Case transferred in from District of Texas Eastern; Case Number 4:21-cv-00430. Original file certified copy of transfer order and docket sheet received.
November 30, 2021 Opinion or Order Submission of #22 MOTION to Dismiss Plaintiff's Amended Complaint with Brief in Support, to District Judge Steven D. Grimberg. (aar)
November 29, 2021 Opinion or Order Filing 37 MEMORANDUM OPINION AND ORDER granting #9 MOTION to Change Venue (Transfer) filed by Prochant, Inc. It is therefore ORDERED that Defendant Prochant, Inc.'s Motion to Transfer (Dkt. #9) be GRANTED and that the case be transferred to the United States District Court for the Northern District of Georgia. Signed by District Judge Amos L. Mazzant, III on 11/29/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
November 29, 2021 Opinion or Order Interdistrict transfer to the Northern District of Georgia. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
November 24, 2021 Opinion or Order Filing 36 NOTICE of Discovery Disclosure by Prochant, Inc. (Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
November 24, 2021 Opinion or Order Filing 35 NOTICE of Discovery Disclosure by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C. (Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
November 18, 2021 Opinion or Order Filing 34 STIPULATION AND PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 11/18/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
November 10, 2021 Opinion or Order Filing 33 Unopposed MOTION for Protective Order by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Attachments: #1 Exhibit Proposed Unopposed Protective Order)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
November 8, 2021 Opinion or Order Filing 32 NOTICE of Discovery Disclosure by Miracle Durable Medical Equipement, Inc. Notice of Disclosure (Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
October 28, 2021 Opinion or Order Filing 31 SCHEDULING ORDER: Final Pretrial Conference set for 9/1/2022 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 1/27/2022. Discovery due by 6/2/2022. Expert Witness List due by 1/13/2022. Joinder of Parties due by 12/16/2021. Jury instructions due by 8/18/2022. Mediation Completion due by 5/12/2022. Designation of Mediator due by 4/30/2022. Motions due by 2/24/2022. Signed by District Judge Amos L. Mazzant, III on 10/28/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
October 28, 2021 Opinion or Order Due to the Court's civil trial docket, the November 4, 2021 Scheduling Conference is CANCELLED. The Court will enter a Scheduling Order. (tls) [Transferred from Texas Eastern on 11/30/2021.]
October 20, 2021 Opinion or Order Filing 30 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit Opposed Proposed Scheduling Order)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
October 20, 2021 Opinion or Order Filing 29 ORDER granting #28 Motion for Extension of Time to Complete Discovery. It is therefore ORDERED that the deadline for the parties to exchange mandatory disclosures is November 3, 2021. Signed by District Judge Amos L. Mazzant, III on 10/20/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
October 18, 2021 Opinion or Order Filing 28 Agreed MOTION for Extension of Time to Complete Discovery by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Attachments: #1 Text of Proposed Order)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
October 14, 2021 Opinion or Order Filing 27 SUR-REPLY to Reply to Response to Motion re #22 MOTION to Dismiss Plaintiff's Amended Complaint with Brief in Support filed by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Attachments: #1 Affidavit Henry Blume Loe, Jr.)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
October 7, 2021 Opinion or Order Filing 26 REPLY to Response to Motion re #22 MOTION to Dismiss Plaintiff's Amended Complaint with Brief in Support filed by Prochant, Inc.. (Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
October 4, 2021 Opinion or Order Filing 25 RESPONSE to Motion re #22 MOTION to Dismiss Plaintiff's Amended Complaint with Brief in Support filed by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Attachments: #1 Exhibit A: Prochant Demand Letter, #2 Text of Proposed Order)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
September 30, 2021 Opinion or Order Filing 24 SUR-REPLY to Reply to Response to Motion re #9 MOTION to Change Venue (Transfer) filed by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
September 24, 2021 Opinion or Order Filing 23 REPLY to Response to Motion re #9 MOTION to Change Venue (Transfer) filed by Prochant, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
September 21, 2021 Opinion or Order Filing 22 MOTION to Dismiss Plaintiff's Amended Complaint with Brief in Support by Prochant, Inc.. Responses due by 10/4/2021 (Attachments: #1 Text of Proposed Order)(Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
September 17, 2021 Opinion or Order Filing 21 RESPONSE to Motion re #9 MOTION to Change Venue (Transfer) filed by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Attachments: #1 Exhibit A: Affidavit of Henry Blume Loe, Jr., #2 Text of Proposed Order)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
September 17, 2021 Opinion or Order Filing 20 NOTICE of Attorney Appearance by Kerri Ann Panchuk on behalf of Prochant, Inc. (Panchuk, Kerri) [Transferred from Texas Eastern on 11/30/2021.]
September 15, 2021 Opinion or Order Filing 19 ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 10/20/2021. Scheduling Conference set for 11/4/2021 11:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 9/15/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
September 15, 2021 Opinion or Order Filing 18 ORDER granting #17 Motion to Seal Document. It is therefore ORDERED that the Clerk shall SEAL Exhibit A to Plaintiff's Original Complaint (Dkt. #1-1) and Plaintiffs' First Amended Original Complaint (Dkt. #12-1). The parties shall have leave to file any copies of the Billing Services Agreement dated December 12, 2019, under seal in this case. Signed by District Judge Amos L. Mazzant, III on 9/15/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
September 13, 2021 Opinion or Order Filing 17 Unopposed MOTION to Seal Document #12 Amended Complaint, #1 Complaint, by Prochant, Inc.. (Attachments: #1 Text of Proposed Order)(Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
September 10, 2021 Opinion or Order Filing 16 AMENDED ORDER granting #14 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Change Venue (Transfer) filed by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C. ORDERED that Plaintiffs' deadline to respond to Defendant's Motion to Transfer shall be September 17, 2021. Signed by District Judge Amos L. Mazzant, III on 9/10/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
September 10, 2021 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time to File Response as to #9 MOTION to Change Venue (Transfer) . Responses due by 9/10/2021. Signed by District Judge Amos L. Mazzant, III on 9/10/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
September 9, 2021 Opinion or Order Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Change Venue (Transfer) by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Attachments: #1 Text of Proposed Order)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
September 8, 2021 Opinion or Order Filing 13 ORDER denying as moot #8 Motion to Dismiss. Signed by District Judge Amos L. Mazzant, III on 9/8/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
September 7, 2021 Opinion or Order Filing 12 AMENDED COMPLAINT against All Defendants, filed by Patrick Henry Medical, L.L.C., Miracle Durable Medical Equipement, Inc.. (Attachments: #1 Exhibit Contract between PHM and Prochant, #2 Exhibit Aging Report)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
September 1, 2021 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time to File Response as to #9 MOTION to Change Venue (Transfer), #8 MOTION to Dismiss With Brief in Support . Responses due by 9/10/2021. Signed by District Judge Amos L. Mazzant, III on 9/1/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
August 31, 2021 Opinion or Order Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Change Venue (Transfer), #8 MOTION to Dismiss With Brief in Support by Miracle Durable Medical Equipement, Inc., Patrick Henry Medical, L.L.C.. (Attachments: #1 Text of Proposed Order)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]
August 17, 2021 Opinion or Order Filing 9 MOTION to Change Venue (Transfer) by Prochant, Inc.. (Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
August 17, 2021 Opinion or Order Filing 8 MOTION to Dismiss With Brief in Support by Prochant, Inc.. (Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
July 28, 2021 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to Answer. Signed by District Judge Amos L. Mazzant, III on 7/28/2021. (rpc, ) [Transferred from Texas Eastern on 11/30/2021.]
July 28, 2021 Opinion or Order Answer Due Deadline Updated for Prochant, Inc. to 8/17/2021. (rpc, ) [Transferred from Texas Eastern on 11/30/2021.]
July 27, 2021 Opinion or Order Filing 6 Second MOTION for Extension of Time to File Answer by Prochant, Inc.. (Attachments: #1 Text of Proposed Order)(Jobe, Jason) [Transferred from Texas Eastern on 11/30/2021.]
July 27, 2021 Opinion or Order NOTICE of Deficiency regarding Document #5 submitted by Prochant, Inc.. Motion to the court filed using incorrect docket event. Correction should be made by one business day. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
July 26, 2021 Opinion or Order Filing 5 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*** Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Prochant, Inc..( Jobe, Jason) Modified on 7/27/2021 (daj, ). [Transferred from Texas Eastern on 11/30/2021.]
July 7, 2021 Opinion or Order Filing 4 ORDER granting #3 Motion for Extension of Time to Answer. ORDERED that Defendant Prochant, Inc.'s deadline to respond to Plaintiff's Original Complaint shall be July 27, 2021. Signed by District Judge Amos L. Mazzant, III on 7/7/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
July 7, 2021 Opinion or Order Answer Due Deadline Updated for Prochant, Inc. to 7/27/2021. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
July 6, 2021 Opinion or Order Filing 3 MOTION for Extension of Time to File Answer by Prochant, Inc.. (Attachments: #1 Text of Proposed Order proposed order)(Jobe, Jason) (Attachment 1 replaced on 7/6/2021) (daj, ). [Transferred from Texas Eastern on 11/30/2021.]
June 8, 2021 Opinion or Order Filing 2 SUMMONS Issued as to Prochant, Inc. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
June 8, 2021 Opinion or Order Case assigned to District Judge Amos L. Mazzant, III. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
June 8, 2021 Opinion or Order In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (daj, ) [Transferred from Texas Eastern on 11/30/2021.]
June 7, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0540-8443906.), filed by Patrick Henry Medical, L.L.C., Miracle Durable Medical Equipement, Inc.. (Attachments: #1 Exhibit Contract between PHM and Prochant, #2 Exhibit Aging Report, #3 Civil Cover Sheet)(Corley, Gary) [Transferred from Texas Eastern on 11/30/2021.]

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Plaintiff: Patrick Henry Medical, L.L.C. doing business as Breath of Life
Represented By: Gary Dean Corley
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Plaintiff: Miracle Durable Medical Equipement, Inc. doing business as Miracle DME
Represented By: Gary Dean Corley
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Defendant: Prochant, Inc.
Represented By: Jason Ray Jobe
Represented By: Kerri Ann Panchuk
Represented By: Adam Scott Rubenfield
Represented By: David J. Hungeling
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