In Re: Access Care Accounts
| Emory Grant |
| Karl Brooks and CRST EXPEDITED, INC. |
| Access Care Billing LLC |
| 1:2021cv00252 |
| January 15, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Contract: Insurance |
| None |
Docket Report
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Filing 18
TRANSCRIPT OF PROCEEDINGS held on 2/3/21 before the Honorable John F. Kness. Order Number: 40075. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, nlabella.ilnd@gmail.com. |
| Filing 17 Electronic acknowledgment by the Eastern District of Texas of transferred case record opened as 1:21mc3. (gcy, ) |
| Filing 16 TRANSFERRED to the Eastern District of Texas the electronic record. (gcy, ) |
| ELECTRONIC Acknowledgement of case transferred to the Eastern District of TEXAS [LIVE] as case 1:21-mc-00003, filed 02/04/2021. (bg, ) |
| Filing 15 MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held. Counsel for all parties appeared. Motions by counsel for leave to appear pro hac vice #6 #10 are granted. Motions to amend #5 #11 are granted. The entry at docket #12 , which is a reply brief, is incorrectly identified as a motion, and the Clerk is requested to correct the docket to reflect that no additional motion at #12 is pending. For the reasons stated on the record, the Court finds that exceptional circumstances under FRCP 45(g) warrant transferring the motion of Access Care Accounts to the U.S. District Court, Eastern District of Texas (Judge Crone), which is the forum that issued the contested subpoena(s). Among other reasons to transfer this motion, a ruling in the Northern District of Illinois would present a serious risk of potentially inconsistent rulings. In addition, the dispute over whether Access Care Accounts ought to be subject to a subpoena in the Texas litigation has been joined in that forum since at least as far back as July 2020, and Judge Crone is far more familiar with the issues relevant to this dispute and is thus better positioned to rule on this contested motion. Finally, this Court has considered the potential prejudice to Access Care Accounts from a transfer to Texas but finds, among other reasons and as stated more fully on the record, that the involvement (indirect or otherwise) of Access Care Accounts in the Texas litigation, as well as the status of Access Care Accounts as an LLC organized under Texas law, significantly undercuts any argument of prejudice to Access Care Accounts. Motion transferred. The Court directs the Clerk of Court to transfer this case forthwith to the United States District Court for the Eastern District of Texas for all further proceedings. Mailed notice (ef, ) |
| Filing 14 ATTORNEY Appearance for Defendant CRST EXPEDITED, INC. by Bradley Albert Bertkau (Bertkau, Bradley) |
| Filing 13 ATTORNEY Appearance for Defendant CRST EXPEDITED, INC. by Steven M. Canty (Canty, Steven) |
| Filing 12 REPLY by In Re Access Care Billing LLC to quash Reply to CRST Response to Motion to Quash (Attachments: #1 Exhibit Exhibit A - Affidavit of Anita Singh, #2 Exhibit Exhibit B - CRST Expedited Third Amended Subpoenas, #3 Exhibit Exhibit C - Affidavit of Paul 'Chip' Ferguson Jr.)(Wortham, Clay) Modified on 2/4/2021 (gcy, ). |
| Filing 11 MOTION by Defendant CRST EXPEDITED, INC. to amend/correct MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17887526. #6 (Fuentes, Juan) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17888205. (Ferguson, Paul) |
| Filing 9 ATTORNEY Appearance for Plaintiff Emory Grant by Paul F Ferguson, Jr (Ferguson, Paul) |
| Filing 8 PAYMENT by Emory Grant of Pro Hac Fee $ 150, receipt number 0752-17888045. (Ferguson, Paul) |
| Filing 7 RESPONSE by CRST EXPEDITED, INC. to MOTION by In Re Access Care Billing LLC to amend/correct Non-Party Access Care Accounts LLC's Ex Parte Motion for Order of Protection #5 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Fuentes, Juan) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17887526. (Fuentes, Juan) |
| Filing 5 MOTION by In Re Access Care Billing LLC to amend/correct Non-Party Access Care Accounts LLC's Ex Parte Motion for Order of Protection (Attachments: #1 Exhibit Texas Litigation Document 2018, #2 Exhibit CRST Expedited Subpoena, #3 Exhibit Proposed Protective Order, #4 Exhibit Redline Comparison of Protective Order to LR 26.2 Model, #5 Exhibit Affidavit of Anita Singh, #6 Exhibit Texas Litigation Document 210)(Wortham, Clay) |
| Filing 4 MINUTE entry before the Honorable John F. Kness: Emergency motion hearing held on 1/27/2021. Counsel for all parties appeared. As stated on the record, any responses to Access Care Accounts LLC's motion for order of protection (Dkt. 2) are due on or before 2/1/2021. Counsel are directed to meet and confer concerning the scope of the subpoenaed deposition of Access Care's executive and related subpoena for documents. Counsel must attempt in good faith to resolve Access Care's objections based on the threatened harm to its purportedly confidential commercial information and trade secrets. If counsel are unable to resolve the dispute without further judicial action, counsel must also confer on whether this matter should be transferred to the Eastern District of Texas, which is the court that issued the contested subpoena, and be prepared to address that issue at the next hearing. All counsel that appeared at today's hearing are directed to file attorney appearances in this case on or before 2/1/2021. A continued motion hearing is set for 2/3/2021 at 10:30 AM. The parties shall use the same call-in information previously provided. Mailed notice (jk) |
| Filing 3 MINUTE entry before the Honorable John F. Kness: Emergency Motion Hearing set for 1/27/2021 at 04:00 PM. Counsel are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jmk, ) |
| Filing 1 MISCELLANEOUS CASE by Access Care Billing LLC Attorney Appearance Filing fee $ 49, receipt number 0752-17832555. (Wortham, Clay) |
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