ALIXARX LLC v. WILLIAMS-FOSTER GROUP LLC et al
| ALIXARX LLC |
| DYCORA TRANSITIONAL HEALTH - FRESNO LLC, JULIANNE WILLIAMS, DYCORA TRANSITIONAL HEALTH - MANCHESTER LLC, DYCORA TRANSITIONAL HEALTH - CLOVIS LLC, WILLIAMS-FOSTER GROUP LLC D/B/A DYCORA TRANSITIONAL HEALTH & LIVING, DYCORA TRANSITIONAL HEALTH - MEMORY CARE FRESNO LLC, DYCORA TRANSITIONAL HEALTH - FOWLER LLC, DYCORA TRANSITIONAL HEALTH - GALT LLC, DYCORA TRANSITIONAL HEALTH - WEBER OAKS LLC, DYCORA TRANSITIONAL HEALTH - QUAIL LAKE LLC, DYCORA TRANSITIONAL HEALTH - SANGER LLC, DYCORA TRANSITIONAL HEALTH - REEDLEY LLC and WILLIAMS-FOSTER GROUP LLC doing business as DYCORA TRANSITIONAL HEALTH & LIVING |
| 1:2021cv01647 |
| June 10, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Jane Magnus-Stinson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 17
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 8/30/2021 at 10:00 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 7/14/2021.(JRB)
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| Filing 16 NOTICE of Parties' First Extension of Time re, filed by Defendants DYCORA TRANSITIONAL HEALTH - CLOVIS LLC, DYCORA TRANSITIONAL HEALTH - FOWLER LLC, DYCORA TRANSITIONAL HEALTH - FRESNO LLC, DYCORA TRANSITIONAL HEALTH - GALT LLC, DYCORA TRANSITIONAL HEALTH - MANCHESTER LLC, DYCORA TRANSITIONAL HEALTH - MEMORY CARE FRESNO LLC, DYCORA TRANSITIONAL HEALTH - QUAIL LAKE LLC, DYCORA TRANSITIONAL HEALTH - REEDLEY LLC, DYCORA TRANSITIONAL HEALTH - SANGER LLC, DYCORA TRANSITIONAL HEALTH - WEBER OAKS LLC, JULIANNE WILLIAMS, WILLIAMS-FOSTER GROUP LLC. (Jefferson, Paul) |
| Filing 15 NOTICE of Appearance by Paul L. Jefferson on behalf of Defendants DYCORA TRANSITIONAL HEALTH - CLOVIS LLC, DYCORA TRANSITIONAL HEALTH - FOWLER LLC, DYCORA TRANSITIONAL HEALTH - FRESNO LLC, DYCORA TRANSITIONAL HEALTH - GALT LLC, DYCORA TRANSITIONAL HEALTH - MANCHESTER LLC, DYCORA TRANSITIONAL HEALTH - MEMORY CARE FRESNO LLC, DYCORA TRANSITIONAL HEALTH - QUAIL LAKE LLC, DYCORA TRANSITIONAL HEALTH - REEDLEY LLC, DYCORA TRANSITIONAL HEALTH - SANGER LLC, DYCORA TRANSITIONAL HEALTH - WEBER OAKS LLC, JULIANNE WILLIAMS, WILLIAMS-FOSTER GROUP LLC. (Jefferson, Paul) |
| Filing 14 NOTICE of Appearance by Bradley J. Buchheit on behalf of Defendants DYCORA TRANSITIONAL HEALTH - CLOVIS LLC, DYCORA TRANSITIONAL HEALTH - FOWLER LLC, DYCORA TRANSITIONAL HEALTH - FRESNO LLC, DYCORA TRANSITIONAL HEALTH - GALT LLC, DYCORA TRANSITIONAL HEALTH - MANCHESTER LLC, DYCORA TRANSITIONAL HEALTH - MEMORY CARE FRESNO LLC, DYCORA TRANSITIONAL HEALTH - QUAIL LAKE LLC, DYCORA TRANSITIONAL HEALTH - REEDLEY LLC, DYCORA TRANSITIONAL HEALTH - SANGER LLC, DYCORA TRANSITIONAL HEALTH - WEBER OAKS LLC, JULIANNE WILLIAMS, WILLIAMS-FOSTER GROUP LLC. (Buchheit, Bradley) |
| Filing 13 AMENDED COMPLAINT Second against All Defendants, filed by ALIXARX LLC. (Attachments: #1 Exhibit A - AlixaRx Pharmacy Provider Agreement (CA and WI), #2 Exhibit B - AlixaRx Amendment 7-17-2020, #3 Exhibit C - Prior Amounts Owed, #4 Exhibit D - March 18, 2021 Alixa Notice SVP, #5 Exhibit E - March 26, 2021 Dycora Notice, #6 Exhibit F - Dycora Delinquent Notice 4-8-2021, #7 Exhibit G - Amounts Owed from 2021)(Johnson, Susanne) |
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Filing 12
ORDER - The Court ORDERS Plaintiff to file a Second Amended Complaint by July 2, 2021, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Defendants need not answer or otherwise respond to the Amended Complaint at which this Order is directed. Defendants are cautioned, however, that when they do respond to the Second Amended Complaint, and to the extent that they deny any of Plaintiff's jurisdictional allegations or state that they do not have sufficient information to respond to those allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. Signed by Judge Jane Magnus-Stinson on 6/15/2021.(CBU)
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Filing 11
ORDER granting #5 Motion to Appear pro hac vice. Attorney Levi J. Giovanetto for ALIXARX LLC added. Copy sent to party via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/15/2021. (JRB)
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| Filing 10 Summons Issued as to DYCORA TRANSITIONAL HEALTH - CLOVIS LLC, DYCORA TRANSITIONAL HEALTH - FOWLER LLC, DYCORA TRANSITIONAL HEALTH - FRESNO LLC, DYCORA TRANSITIONAL HEALTH - GALT LLC, DYCORA TRANSITIONAL HEALTH - MANCHESTER LLC, DYCORA TRANSITIONAL HEALTH - MEMORY CARE FRESNO LLC, DYCORA TRANSITIONAL HEALTH - QUAIL LAKE LLC, DYCORA TRANSITIONAL HEALTH - REEDLEY LLC, DYCORA TRANSITIONAL HEALTH - SANGER LLC, DYCORA TRANSITIONAL HEALTH - WEBER OAKS LLC, JULIANNE WILLIAMS, WILLIAMS-FOSTER GROUP LLC. (MAC) |
| Filing 9 Proposed Summons submitted for issuance by the clerk as to WILLIAMS-FOSTER GROUP LLC. (Johnson, Susanne) |
| Filing 8 Proposed Summons submitted for issuance by the clerk as to DYCORA TRANSITIONAL HEALTH - CLOVIS LLC, DYCORA TRANSITIONAL HEALTH - FOWLER LLC, DYCORA TRANSITIONAL HEALTH - FRESNO LLC, DYCORA TRANSITIONAL HEALTH - GALT LLC, DYCORA TRANSITIONAL HEALTH - MANCHESTER LLC, DYCORA TRANSITIONAL HEALTH - MEMORY CARE FRESNO LLC, DYCORA TRANSITIONAL HEALTH - QUAIL LAKE LLC, DYCORA TRANSITIONAL HEALTH - REEDLEY LLC, DYCORA TRANSITIONAL HEALTH - SANGER LLC, DYCORA TRANSITIONAL HEALTH - WEBER OAKS LLC, JULIANNE WILLIAMS. (Johnson, Susanne) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by ALIXARX LLC. (Attachments: #1 Exhibit A - Dycora - AlixaRX Pharmacy Provider Agreement, #2 Exhibit B - Amendment 07-17-2020, #3 Exhibit C - Prior Amounts Owed, #4 Exhibit D - March 18 2021 Alixa Notice SVP, #5 Exhibit E - March 26 2021 Dycora Notice, #6 Exhibit F - Dycora Delinquent Notice 4-8-2021, #7 Exhibit G - Amounts Owed from 2021)(Johnson, Susanne) |
| Filing 6 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MRI) |
| Filing 5 MOTION for Attorney(s) Levi J. Giovanetto to Appear pro hac vice (Filing fee $100, receipt number 0756-6607088), filed by Plaintiff ALIXARX LLC. (Attachments: #1 Exhibit A - Certification of Levi Giovanetto in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice of Levi Giovanetto)(Johnson, Susanne) |
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Filing 4
ORDER - For these reasons, the Court ORDERS Plaintiff to file an Amended Complaint by June 28, 2021, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Defendants need not answer or otherwise respond to the Complaint at which this Order is directed. Defendants are cautioned, however, that when they do respond to the Amended Complaint, and to the extent that they deny any of Plaintiff's jurisdictional allegations or state that they do not have sufficient information to respond to those allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. Signed by Judge Jane Magnus-Stinson on 6/11/2021. (MAC)
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| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 NOTICE of Appearance by Susanne Amelia Johnson on behalf of Plaintiff ALIXARX LLC. (Johnson, Susanne) |
| Filing 1 COMPLAINT against All Defendants, filed by ALIXARX LLC. (Filing fee $402, receipt number 0756-6605380) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A - Dycora - AlixaRx Pharmacy Provider Agreement (CA and WI), #4 Exhibit B - Dycora-AlixaRx Amendment 07-17-2020, #5 Exhibit C - Prior Amounts Owed, #6 Exhibit D - March 18 2021 Alixa Notice SVP, #7 Exhibit E - March 26 2021 Dycora Notice 03-26-2021, #8 Exhibit F - Dycora Delinquent Notice 04-08-2021, #9 Exhibit G - Amounts Owed from 2021)(Johnson, Susanne) |
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