Xanitos, LLC v. American Healthcare Systems Illinois, LLC
| Xanitos, LLC |
| AMERICAN HEALTHCARE SYSTEMS, ILLINOIS, LLC, and American Healthcare Systems Illinois, LLC |
| 3:2023cv02339 |
| July 5, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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Filing 32
ORDER regarding Defendant's Motion to Stay Discovery (Doc. 26). In support of that Motion, Defendant notes that it has also filed a Motion to Compel Arbitration (Doc. 24) under a Master Service Agreement between the parties. Therefore, absent a stay of discovery, the parties will be forced to incur unnecessary expenses and other burdens that they sought to avoid by agreeing to alternative dispute resolution. In its Response (Doc. 30), Plaintiff indicates [w]hile [it] does not believe that arbitration is the appropriate next step, Plaintiff consents to a brief stay of discovery, pending the Court's resolution of Defendant's Motion to Compel Arbitration. Plaintiff would object, however, to an indefinite stay pending an interlocutory appeal, as such a request is premature under the current procedural posture and before a mediation. In light of Plaintiff's consent and the governing authorities, the Court GRANTS the Motion to Stay Discovery (Doc. 26), pending the Court's resolution of the Motion to Compel Arbitration (Doc. 24). See Ogungemi v. Omnicare, Inc., No. 22-cv-649, 2023 WL 2139834, *1 (S.D. Ind. Feb. 17, 2023) (stating district courts have the inherent power to control their docket and enjoy broad discretion to stay proceedings based on necessity and the parties' competing interests, such as the undue prejudice and tactical disadvantage to the nonmovant, the prospect of simplifying the issues in question, and the possibility of reducing the burden of the litigation on the parties and the Court); see also Alexander v. Take-Two Interactive Software, Inc., No. 18-cv-966, 2019 WL 2176321, *1 (S.D. Ill. May 20, 2019) (A stay of discovery may also be appropriate in order to resolve certain threshold or jurisdictional issues before expensive discovery ensues.). Signed by Judge David W. Dugan on 8/29/2023. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 RESPONSE to Motion re #24 MOTION to Compel Arbitration and Supporting Memorandum filed by Xanitos, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Morrow, Jonathan) |
| Filing 30 RESPONSE to Motion re #26 MOTION to Stay Discovery filed by Xanitos, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morrow, Jonathan) |
| Filing 29 Sealed Document Exhibit 1 - Master Services Agreement re #25 Motion to Seal Document, 27 Order,,,,,,, Terminate Motions,,,,,, #24 Motion to Compel by American Healthcare Systems Illinois, LLC. (Stoeberl, David) |
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Filing 28
ORDER regarding Defendant's Motion to Stay Discovery (Doc. 26). On July 5, 2023, Plaintiff filed the Complaint (Doc. 1) against Defendant, alleging a breach of a Master Service Agreement (Count I) and unjust enrichment (Count II). On August 10, 2023, Defendant filed a Motion to Compel Arbitration and Supporting Memorandum (Doc. 24) under the Master Service Agreement. Now, the instant Motion requests a stay of discovery pending the Court's resolution of the Motion to Compel Arbitration. The Motion to Stay Discovery does not indicate Plaintiff's position on the matter. Accordingly, Plaintiff is DIRECTED to file a Response to the Motion to Stay Discovery on or before August 22, 2023. Signed by Judge David W. Dugan on 8/16/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
ORDER regarding Defendant's Motion for Leave to File Under Seal (Doc. 25). On July 5, 2023, Plaintiff filed the Complaint (Doc. 1) against Defendant, alleging a breach of a Master Service Agreement (Count I) and unjust enrichment (Count II). On August 10, 2023, Defendant filed a Motion to Compel Arbitration and Supporting Memorandum (Doc. 24). Now, with the instant Motion for Leave to File Under Seal, Defendant requests that the Court grant it leave to file a confidential exhibit to its Motion to Compel Arbitration and Supporting Memorandum, namely, the Master Service Agreement at issue in the Complaint, under seal. In support of that request, Defendant states the Master Service Agreement contains an express confidentiality provision and potentially sensitive proprietary information, such as "a full description of 'the patented Xanitos Room Optimization System.' " Further, the Master Service Agreement includes a list of various legal entities and their associated facilities across sixteen states, which Defendant indicates could create potential privacy concerns for third-party entities. Defendant states it has not sought to keep the confidentiality requirements of the Master Service Agreement from the public and, in fact, Defendant indicates those portions of the Master Service Agreement are quoted verbatim in the Motion. Therefore, the issue presented by the Motion to Compel Arbitration is fully transparent to the public. Accordingly, for good cause shown, the Court GRANTS the Motion for Leave to File Under Seal. Signed by Judge David W. Dugan on 8/14/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 MOTION to Stay Discovery by American Healthcare Systems Illinois, LLC. (Stoeberl, David) |
| Filing 25 MOTION to Seal Document #24 MOTION to Compel Arbitration and Supporting Memorandum by American Healthcare Systems Illinois, LLC. (Stoeberl, David) |
| Filing 24 MOTION to Compel Arbitration and Supporting Memorandum by American Healthcare Systems Illinois, LLC. (Attachments: #1 Exhibit 1 - Master Services Agreement (Filed Under Seal))(Stoeberl, David) |
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Filing 23
ORDER REFERRING CASE TO MEDIATION. Signed by Judge David W. Dugan on 8/9/2023. (dmw2)
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Filing 22
ORDER. Scheduling Conference set for 9/12/2023 at 3:30 PM via Zoom video conference before Judge David W. Dugan. The parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 9/5/2023 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Judge David W. Dugan on 8/9/2023. (Attachments: #1 JROP)(dmw2)
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| Filing 21 CJRA TRACK B assigned: Final Pretrial Conference set for 10/3/2024 at 10:00 AM and Jury Trial set for 10/14/2024 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 8/9/2023. (dmw2) |
| Filing 20 NOTICE OF MODIFICATION re #19 Disclosure of Interested Parties filed by Xanitos, LLC. For this document, the correct event is Other Filings -Other Documents- Disclosure Statement. No further action is required by the filer in relation to this notification. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 19 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Xanitos, LLC.(Walsh, Killian) Modified on 8/3/2023 (csb). |
| Filing 18 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 347, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge David W. Dugan for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 23-cv-2339-DWD. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Stoeberl, David) |
| Filing 16 Federal Rule of Civil Procedure 7.1 Disclosure Statement by American Healthcare Systems Illinois, LLC identifying Corporate Parent American Healthcare Systems Corp Inc for American Healthcare Systems Illinois, LLC. (Stoeberl, David) |
| Filing 15 NOTICE OF ACTION re #4 Notice of Appearance filed by Xanitos, LLC, #8 Notice of Appearance filed by American Healthcare Systems Illinois, LLC. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 NOTICE FROM CLERK Instructing American Healthcare Systems Illinois, LLC to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to American Healthcare Systems Illinois, LLC on 7/28/2023. Consent due by 8/18/2023 (csb) |
| Filing 13 NOTICE OF MODIFICATION re #7 Summons Returned Executed filed by Xanitos, LLC. The service date was incorrect in docket entry and has been modified to reflect the correct date and correct answer date. No further action is required by the filer in relation to this notification. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Morrow, Jonathan) |
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Filing 11
ORDER GRANTING #10 Motion for Extension of Time to Answer Complaint. The Court ALLOWS Defendant up to and including August 11, 2023 to respond to the complaint. Signed by Magistrate Judge Gilbert C. Sison on 7/27/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint by American Healthcare Systems Illinois, LLC. (Stoeberl, David) |
| Filing 9 NOTICE of Appearance by David P. Stoeberl on behalf of American Healthcare Systems Illinois, LLC (Stoeberl, David) |
| Filing 8 NOTICE of Appearance by Thomas H. Riske on behalf of American Healthcare Systems Illinois, LLC (Riske, Thomas) |
| Filing 7 SUMMONS Returned Executed by Xanitos, LLC. American Healthcare Systems Illinois, LLC served on 7/7/2023, answer due 7/28/2023. (Morrow, Jonathan) Modified on 7/28/2023 (csb). |
| Filing 6 Summons Issued as to American Healthcare Systems Illinois, LLC., and originals mailed to Attorney Morrow. (kdw) |
| Filing 5 NOTICE of Appearance by Killian Rene Walsh on behalf of Xanitos, LLC (Walsh, Killian) |
| Filing 4 NOTICE of Appearance by Jonathan B. Morrow on behalf of Xanitos, LLC (Morrow, Jonathan) |
| Filing 3 NOTICE OF ACTION re #1 Complaint filed by Xanitos, LLC. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Morrow does not have a Notice of Appearance on file in this case. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order 347. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 347, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Xanitos, LLC. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-cv-2339-GCS. Consent due by 7/27/2023 (csb) |
| Filing 1 COMPLAINT against AMERICAN HEALTHCARE SYSTEMS, ILLINOIS, LLC, ( Filing fee $ 402 receipt number AILSDC-5123171.), filed by Xanitos, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Morrow, Jonathan) |
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