WALTON v. ELITE WOUND CARE CONSULTANTS LLC et al
| SAM WALTON |
| ELITE WOUND CARE CONSULTANTS LLC and MICHAEL SCHUBYN |
| 1:2025cv00521 |
| March 19, 2025 |
| U.S. District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Mario Garcia |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 20, 2025. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #33 Motion for Extension of Time. Defendants are hereby granted an enlargement of time of thirty (30) days, up to and including September 22, 2025, in which to respond to Plaintiff Sam Walton's Discovery Requests, consisting of Requests for Production, Requests for Admission, and Interrogatories. Signed by Magistrate Judge Mario Garcia on 8/20/2025. (LBT)
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| Filing 33 MOTION for Extension of Time to 9/22/2025 to Respond to Plaintiff's Discovery Requests (Unopposed), filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Attachments: #1 Text of Proposed Order)(Vershay, Ryan) |
| Filing 32 ENTRY by Judge Sarah Evans Barker on 8/1/2025 - Final Pretrial Conference set for 8/18/2026 at 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 8/31/2026 at 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. (TPS) |
| Filing 31 Exhibit List , Preliminary, filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN, Witness List , Preliminary, filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
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Filing 30
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 3/19/2026. Discovery due by 1/19/2026. (See Order.) Signed by Magistrate Judge Mario Garcia on 7/30/2025. (JSR)
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| Filing 29 Witness List , filed by Plaintiff SAM WALTON, Exhibit List , filed by Plaintiff SAM WALTON. (Jefferson, Paul) |
| Filing 28 BRIEF/MEMORANDUM in Support Reply in Support of Motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 27 RESPONSE in Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff SAM WALTON. (Jefferson, Paul) |
| Filing 26 BRIEF/MEMORANDUM in Support re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 24 AMENDED COMPLAINT against ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN, filed by SAM WALTON.(Jefferson, Paul) |
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Filing 23
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Initial Pretrial Conference held on 5/19/2025. The Court will approve the Case Management Plan, by separate order, as submitted. Plaintiff's Motion to Amend, [Filing No. 14], is granted giving plaintiff leave to file an amended complaint within 7 days. Defendant's motion to dismiss, [Filing No. 9], and renewed motion to dismiss, [Filing No. 20] are denied as MOOT. Defendant may file a responsive pleading after the amended complaint is filed. This matter is scheduled for a telephonic status conference on Tuesday, September 16, 2025 at 3:00 p.m. (Eastern) to discuss case status. In addition, this case is set for an in-person settlement conference on Thursday, December 4, 2025 at 9:00 a.m. (Eastern), before Magistrate Judge Mario Garcia in Room 361 of the United States Courthouse for the Southern District of Indiana, 46 East Ohio Street, Indianapolis, Indiana 46204. All persons entering the United States Courthouse must have photo identification. (SEE ORDER FOR SETTLEMENT CONFERENCE RELATED DEADLINES.) Signed by Magistrate Judge Mario Garcia. (NAD)
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| Filing 21 BRIEF/MEMORANDUM in Support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Renewed) , filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Renewed), filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 19 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff SAM WALTON . (Jefferson, Paul) |
| Filing 18 NOTICE Defendants' Amended Notice of Removal, filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN (Attachments: #1 Exhibit 1- State Court Record (Complaint for Damages, Appearance, Summons, Summons, Proof of Service, Proof of Service), #2 Exhibit 2- Operative Complaint, #3 Exhibit 3- Civil Cover Sheet) (Vershay, Ryan) |
| Filing 17 NOTICE Pursuant to Local Rule 81-1, filed by Plaintiff SAM WALTON (Jefferson, Paul) |
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Filing 16
ORDER - The Court now ORDERS Defendants Dr. Schubyn and EWCC to file an Amended Notice of Removal within SEVEN (7) days of the date of this entry, which addresses the issues outlined herein and properly alleges the basis for this Court's diversity jurisdiction. Additionally, Mr. Walton is reminded of his obligation (which he has thus far neglected to do) to file a statement within THIRTY (30) days of Defendants' filing of the Amended Notice of Removal, pursuant to Local Rule 81-1, which provides: SEE ORDER. Signed by Judge Sarah Evans Barker on 5/5/2025.(JRB)
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| Filing 15 REPLY in Support of Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 14 MOTION TO AMEND COMPLAINT and RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiff SAM WALTON. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Jefferson, Paul) Modified on 5/1/2025 (LDH). |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by SAM WALTON.(Jefferson, Paul) |
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Filing 12
ORDER granting #11 First MOTION for Extension of Time to File Response - Plaintiff shall have an additional fourteen (14) days, to and including April 30, 2025, to respond to the Motion to Dismiss filed on March 26, 2025, by Defendants. (See Order.) Signed by Magistrate Judge Mario Garcia on 4/10/2025. (JSR)
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| Filing 11 First MOTION for Extension of Time to File Response to April 30, 2025 re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiff SAM WALTON. (Attachments: #1 Text of Proposed Order Order on Motion for Extension of Time)(Jefferson, Paul) |
| Filing 10 BRIEF/MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Attachments: #1 Exhibit 1 - Schubyn Declaration)(Vershay, Ryan) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Attachments: #1 Supplement Brief in Support of Defendants' Consolidated Motion to Dismiss, #2 Exhibit 1- Schubyn Declaration)(Vershay, Ryan) |
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Filing 8
ORDER granting #7 Motion to Appear pro hac vice. Attorney Jeffrey D. Parks for ELITE WOUND CARE CONSULTANTS LLC and MICHAEL SCHUBYN added. The Court FURTHER ORDERS that Jeffrey D. Parks register as a user of the court's electronic case filing system by April 4, 2025. Failure to register could result in the revocation of his admission pro hac vice. Signed by Magistrate Judge Mario Garcia on 3/25/2025 (Copy mailed to Attorney Jeffrey D. Parks). (LBT)
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| Filing 7 MOTION for Attorney(s) Jeffrey D. Parks to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8599782), filed by Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Attachments: #1 Exhibit A - JDP Certification, #2 Text of Proposed Order)(Vershay, Ryan) |
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Filing 6
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - The above case is hereby assigned for an INITIAL PRETRIAL CONFERENCE on MONDAY, MAY 19, 2025, at 2:30 p.m., Indianapolis Time (EST), TELEPHONIC, before the Honorable Mario Garcia, United States Magistrate Judge. 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 Mario Garcia on 03/20/2025.(AAS)
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| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 4 NOTICE of Appearance by Michael Kenji Hollingsworth on behalf of Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Hollingsworth, Michael) |
| Filing 3 Rule 7.1 Disclosure Statement by ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 2 NOTICE of Appearance by Ryan John Vershay on behalf of Defendants ELITE WOUND CARE CONSULTANTS LLC, MICHAEL SCHUBYN. (Vershay, Ryan) |
| Filing 1 NOTICE OF REMOVAL from Boone County Circuit Court, case number 06C01-2502-CT-000344, filed by MICHAEL SCHUBYN, ELITE WOUND CARE CONSULTANTS LLC. (Filing fee $405, receipt number AINSDC-8593456) (Attachments: #1 State Court Record 1 - State Court Record (Complaint, Appearance, Summons, Summons, Certificate of Service, Certificate of Service), #2 Exhibit 2 - Operative Complaint, #3 Civil Cover Sheet 3 - Civil Cover Sheet)(Vershay, Ryan) |
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