Raridon & Associates Orthopedics, Inc. v. Schmidt
| Raridon & Associates Orthopedics, Inc. |
| Robert Schmidt and Midwest Medical Resources, Inc |
| 2:2023cv02373 |
| August 29, 2023 |
| US District Court for the District of Kansas |
| Teresa J James |
| Julie A Robinson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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Filing 118
ORDER granting in part #117 ] Plaintiff's Motion for Extension of Deadlines. For good cause shown, the 11/7/2023 Scheduling Conference is hereby converted to a STATUS CONFERENCE and continued to 12/7/2023 at 11:00 AM (central time) before Magistrate Judge Teresa J. James. The Status Conference will be held by telephone. Counsel and pro se parties must dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386 to join the conference. The deadlines and other requirements of the #114 Initial Order Regarding Planning and Scheduling, which include holding a Rule 26(f) planning conference, exchanging Rule 26(a) initial disclosures, and submitting a proposed Scheduling Order, are hereby held in abeyance pending further order of the Court. Signed by Magistrate Judge Teresa J. James on 10/18/2023. (Text Order sent to pro se Defendant Schmidt to email address listed in motion.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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| Filing 117 MOTION for extension of time of Deadlines by Plaintiff Raridon & Associates Orthopedics, Inc. (referred to Magistrate Judge Teresa J. James) (Hutson, Nicole) |
| Filing 116 MEMORANDUM IN SUPPORT of #115 MOTION for Leave to Amend Complaint re #58 Amended Complaint (Plaintiff's Motion for Leave to file a Third Amended Complaint) (Plaintiff's Brief in Support of Its Motion to Amend Complaint) by Plaintiff Raridon & Associates Orthopedics, Inc.(Hutson, Nicole) |
| Filing 115 MOTION for Leave to Amend Complaint re #58 Amended Complaint (Plaintiff's Motion for Leave to file a Third Amended Complaint) by Plaintiff Raridon & Associates Orthopedics, Inc. (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Exhibit A, #2 Exhibit B)(Hutson, Nicole) |
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Filing 114
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 11/7/2023 at 10:00 AM (central time) by telephone before Magistrate Judge Teresa J. James. Participants must dial CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 4901386 to join the conference. Rule 26 Planning Conference Deadline 10/17/2023. Rule 26 Initial Disclosures and proposed Scheduling Order due 10/30/2023. Signed by Magistrate Judge Teresa J. James on 9/29/2023. (Copy of Order sent to pro se Defendant Schmidt by regular mail to address in #5 Proof of Service and by email to his former counsel of record.)(byk)
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Filing 113
ORDER granting #111 and #112 Motions to Appear Pro Hac Vice of Michele L. Brott and Elizabeth A. Etchells for Raridon & Associates Orthopedics, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Teresa J. James on 9/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
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| Filing 112 MOTION for attorney Elizabeth A. Etchells to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6150716.) by Plaintiff Raridon & Associates Orthopedics, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Hutson, Nicole) |
| Filing 111 MOTION for attorney Michele L. Brott to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6150708.) by Plaintiff Raridon & Associates Orthopedics, Inc. (Motion referred to Magistrate Judge Teresa J. James.) (Hutson, Nicole) |
| Filing 110 ENTRY OF APPEARANCE by Clay D. Haag on behalf of Raridon & Associates Orthopedics, Inc. (Haag, Clay) |
| Filing 109 ENTRY OF APPEARANCE by Nicole Hutson on behalf of Raridon & Associates Orthopedics, Inc.. (Hutson, Nicole) |
| Filing 108 Letter from the U.S. District Court of Kansas to Counsel of Record. (jal) |
| Filing 107 CASE TRANSFERRED IN from District of Iowa Southern; Case Number 4:21-cv-00280. Electronic file certified copy of transfer order and docket sheet received. (jal) |
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Filing 106
ORDER granting #105 Joint Motion to transfer case. See Order for details. Signed by Chief Judge Stephanie M. Rose on 8/28/2023. (mne) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 105 MOTION to Transfer Case out of District to District of Kansas (Joint) by Raridon & Associates Orthopedics, Inc.. Responses due by 9/8/2023. (Attachments: #1 Brief in Support)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 104
TEXT ORDER CONTINUING SCHEDULING CONFERENCE: As requested by the parties, the scheduling conference set for August 23, 2023 is continued until further order. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 8/17/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 103
TEXT ORDER granting #102 Joint Motion to Extend Deadline. The parties have until September 1, 2023 to file a proposed scheduling order and discovery plan. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 8/17/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 102 Joint MOTION to Continue Deadlines by Raridon & Associates Orthopedics, Inc..Motions referred to Stephen B. Jackson, Jr. Responses due by 8/31/2023. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 101
TEXT ORDER SETTING SCHEDULING CONFERENCE: A Telephonic Scheduling Conference will be held August 23, 2023 at 10:00 a.m. before Magistrate Judge Stephen B. Jackson, Jr. The parties shall confer and file a proposed scheduling order and discovery plan as provided under L.R. 16 by August 18, 2023. To join the conference, counsel shall call 866-590-5055 and utilize access code 8811585. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 8/8/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 100
ORDER: For the reasons stated in the Order, the Motion to Dismiss for Improper Venue is GRANTED. Defendant Midwest Medical Resources is DISMISSED. Signed by Chief Judge Stephanie M. Rose on 8/3/2023. (rnm) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 99
TEXT ORDER granting #98 Defendant Midwest Medical Resources, Inc.'s Motion for Leave to File a Brief in Response. The brief filed at Dkt. No. #97 is allowed. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 7/10/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 98 MOTION for Leave to File Brief in Response to Plaintiff's Notice of New Legal Authority and Supplement to Brief in Resistance to Motion to Dismiss #96 [Brief supporting THIS Motion inadvertently filed first at Doc. 97] by Midwest Medical Resources, Inc.Motions referred to Stephen B. Jackson, Jr. Responses due by 7/24/2023. (Dickinson, Joshua) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 97 BRIEF by Midwest Medical Resources, Inc re #96 SUPPLEMENT/ADDENDUM, /Response to Plaintiff's Motion to Supplement its Brief in Resistance to Motion to Dismiss. (Dickinson, Joshua) Modified on 7/25/2023 linked to motion #73 (kjw). [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 96 SUPPLEMENT #91 Response to Motion, #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer by Raridon & Associates Orthopedics, Inc.. (btg) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 95
TEXT ORDER granting #94 Plaintiff's Motion to Supplement Its Brief in Resistance to Defendant MMR's Motion to Dismiss or Transfer Venue. The Clerk of Court is directed to detach and docket the supplement brief attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 7/6/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 94 MOTION re 92 Sealed Document, to Supplement Its Brief in Resistance to Defendant MMR's Motion to Dismiss or Transfer Venue by Raridon & Associates Orthopedics, Inc..Motions referred to Stephen B. Jackson, Jr. Responses due by 7/14/2023. (Attachments: #1 Plaintiff's Notice of New Legal Authority and Supplement to Brief in Resistance to Defendant MMR's Motion to Dismiss or Transfer Venue)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 93 REPLY re #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer filed by Midwest Medical Resources, Inc.(Dickinson, Joshua) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 91 RESPONSE to Motion re #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer filed by Raridon & Associates Orthopedics, Inc.. Replies due by 4/12/2023. (Attachments: #1 Exhibit A, #2 Appendix)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 90
TEXT ORDER granting #89 Plaintiff's Motion to Seal. Plaintiff is granted leave to file the referenced documents under seal, provisionally subject to review and further order of the Court. Plaintiff must also file redacted versions of the documents on the public docket. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/31/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 89 MOTION to Seal by Raridon & Associates Orthopedics, Inc..Motions referred to Stephen B. Jackson, Jr. Responses due by 4/14/2023. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 88
AMENDED JOINT STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/8/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 87
TEXT ORDER granting #86 Joint Motion for Amendment of Protective Order. The court will enter the amended protective order in the form submitted with the motion except for paragraph 9 which has been modified. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/8/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 86 Joint MOTION to Amend/Correct #28 Order Joint Motion for Amendment of Protective Order by Raridon & Associates Orthopedics, Inc..Motions referred to Stephen B. Jackson, Jr. Responses due by 3/21/2023. (Attachments: #1 Text of Proposed Order)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 85
TEXT ORDER granting in part #84 Plaintiff's Motion to Extend Deadlines. Plaintiff has until April 6, 2023 to complete discovery and file a response to the Motion to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim or, in the Alternative, to Transfer #73 . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/7/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 84 MOTION for Extension of Time to File Plaintiff's resistance and discovery responses by Raridon & Associates Orthopedics, Inc..Motions referred to Stephen B. Jackson, Jr. Responses due by 3/20/2023. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 83
ORDER granting #74 Plaintiff's Motion for Jurisdictional Discovery and Extension for Resistance. Plaintiff has until March 27, 2023 to conduct discovery and file a response to the Motion to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim or, in the Alternative, to Transfer #73 . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 1/24/2023. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 82 REPLY re #74 MOTION for Jurisdictional Discovery and Extension for Resistance filed by Raridon & Associates Orthopedics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 81
TEXT ORDER granting #80 Motion to Withdraw as Counsel. Pursuant to Local Rule 83(d)(6), attorney Allison M. Steuterman is granted leave to withdraw as counsel for defendant Robert Schmidt in this case. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/12/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 80 MOTION to Withdraw as Attorney by Robert Schmidt.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/23/2022. (Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 79 NOTICE by Robert Schmidt . (Mallory, Billy) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 78
TEXT ORDER granting #77 Motion to Withdraw as Counsel. Pursuant to Local Rule 83(d)(6), attorney Douglas A. Fulton is granted leave to withdraw as counsel for defendant in this case. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/9/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 77 MOTION to Withdraw as Attorney by Robert Schmidt.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/22/2022. (Fulton, Douglas) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 76 RESPONSE to Motion re #74 MOTION for Jurisdictional Discovery and Extension for Resistance filed by Midwest Medical Resources, Inc. Replies due by 12/13/2022.(Dickinson, Joshua) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 75
TEXT ORDER FOR EXPEDITED RESPONSE: Defendant shall file a response to Plaintiff's Motion for Jurisdictional Discovery and Extension for Resistance #74 by December 6, 2022. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 11/29/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 74 MOTION for Jurisdictional Discovery and Extension for Resistance by Raridon & Associates Orthopedics, Inc..Motions referred to Stephen B. Jackson, Jr. Responses due by 12/12/2022. (Attachments: #1 Brief in Support)(Brott, Michele)[Transferred from Iowa Southern on 8/29/2023.] |
| Filing 73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer by Midwest Medical Resources, Inc. Responses due by 12/2/2022. (Attachments: #1 Brief in Support)(Dickinson, Joshua) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 72
TEXT ORDER FOR ASSIGNMENT OF CASE TO DISTRICT JUDGE: Based upon the parties' proposed scheduling order and discovery plan #71 , there is no longer unanimous consent to trial, disposition and judgment by a Magistrate Judge. Consequently, the Clerk of Court is directed to assign this case to a District Judge for further proceedings. Because defendant Midwest Medical Resources, Inc. has yet to file an answer or other responsive pleading to Plaintiff's Second Amended Complaint #58 , a scheduling order and discovery plan will not be entered at this time. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 11/9/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Chief Judge Stephanie M. Rose and Magistrate Judge Stephen B. Jackson, Jr added. Magistrate Judge Stephen B. Jackson, Jr no longer assigned as presiding judge to case. (bp) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 71 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 70
TEXT ORDER granting #67 Motion for Leave to Appear Pro Hac Vice Mark A. Cole. Signed by Magistrate Judge Stephen B. Jackson, Jr on 11/1/2022. (kjw) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 69
TEXT ORDER REMOVING TRIAL FROM CALENDAR: Given the present posture of the case, and agreement of the parties, the trial and final pretrial conference are removed from the court's calendar. Further, to allow additional discovery, Plaintiff's Partial Motion for Summary Judgment #41 and Defendant's Motion for Partial Summary Judgment #43 are administratively terminated without prejudice to the parties raising the issues in later motions. Counsel shall confer and file a proposed Rule 16 scheduling order and discovery plan for further progression of the case by November 7, 2022. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 10/31/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 68 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Stephen B. Jackson, Jr.: Telephonic Status Conference held on 10/31/2022. Attorney Michele Brott appeared for plaintiff. Attorney Allison Steuterman appeared for defendant Robert Schmidt. Attorneys Joshua Dickinson & Mark Cole appeared for defendant Midwest Medical Resources, Inc. Court Time: 27 minutes. (jeb) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 67 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4967744 Fee paid in the amount of $100. by Midwest Medical Resources, Inc. (Cole, Mark) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 66
TEXT ORDER SETTING STATUS CONFERENCE: A Telephonic Status Conference will be held October 31, 2022 at 1:30 PM before Magistrate Judge Stephen B. Jackson, Jr. To join the conference, counsel shall call 866-590-5055 and utilize access code 8811585. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 10/25/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 65 NOTICE of Appearance by Joshua C. Dickinson on behalf of Midwest Medical Resources, Inc (Dickinson, Joshua) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 64 ANSWER to #58 Amended Complaint and Jury Demand by Robert Schmidt.(Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 63 *** WAIVER OF SERVICE EXECUTED*** SUMMONS Returned Executed by Raridon & Associates Orthopedics, Inc.. Midwest Medical Resources, Inc served on 10/10/2022, answer due **12/9/2022**. (Brott, Michele) Modified on 10/26/2022 corrected event and answer due date (kjw). [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 62 REPLY re #41 MOTION for Partial Summary Judgment filed by Raridon & Associates Orthopedics, Inc.. (Attachments: #1 Response to Defendant's Additional SOUF, #2 Plaintiff's Second Supplemental Appendix)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 61 Sealed Document re #55 Response to Motion, #43 MOTION for Partial Summary Judgment , #60 Reply to Response, Defendant's Reply to Plaintiff's Statement of Additional Facts in Resistance by Robert Schmidt. (Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 60 REPLY to Plaintiff's Resistance re #43 MOTION for Partial Summary Judgment filed by Robert Schmidt. (Attachments: #1 Defendant's Reply to Plaintiff's Statement of Additional Facts, #2 Appendix in Support of Reply to Plaintiff's Resistance)(Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 59 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 LR 7.1 Packet) (bp) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 58 SECOND AMENDED COMPLAINT against Robert Schmidt, Midwest Medical Resources, Inc, filed by Raridon & Associates Orthopedics, Inc. (bp) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 57
ORDER granting #34 Plaintiff's Second Motion to Amend Complaint and Co-Defendant. Pursuant to Local Rule 15, the Clerk of Court is directed to detach and docket the second amended complaint attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/30/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 56 Sealed Document re #43 #55 Response to Motion, by Raridon & Associates Orthopedics, Inc.. (Attachments: #1 Plaintiff's Statement of Additional Facts, #2 Plaintiff's Supplemental Confidential Appendix)(Brott, Michele) Modified on 9/27/2022 (bp - Added Link). [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 55 RESPONSE to Motion re #43 MOTION for Partial Summary Judgment , #41 MOTION for Partial Summary Judgment filed by Raridon & Associates Orthopedics, Inc.. Replies due by 10/3/2022. (Attachments: #1 Plaintiff's Response to Defendant's SOUF, #2 Plaintiff's Statement of Additional Facts, #3 Plaintiff's Supplemental Appendix)(Brott, Michele) Modified on 10/5/2022 removed link to motion #41 (kjw). [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 54 Sealed Document re #41 #53 Response to Motion, Response to Plaintiff's Statement of Undisputed Facts by Robert Schmidt. (Mallory, Billy) Modified on 9/27/2022 (bp - Added Link). [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 53 RESPONSE to Motion re #41 MOTION for Partial Summary Judgment filed by Robert Schmidt. Replies due by 10/3/2022. (Attachments: #1 Statement of Undisputed Facts Response to Statement of Undisputed Facts - Redacted, #2 Statement of Undisputed Facts Additional Statement of Undisputed Facts, #3 Appendix)(Mallory, Billy) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 52
TEXT ORDER granting #49 Defendant's Unresisted Motion for Permission to File Overlength Brief. Defendant is granted leave to file the overlength brief. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/26/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 51
TEXT ORDER granting #47 Defendant's Unresisted Motion for Leave to File Under Seal. Defendant is granted leave to file the referenced documents under seal, provisionally subject to review and further order of the court. Defendant must also file redacted versions of any such documents on the public docket. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/26/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 50
TEXT ORDER granting #46 Plaintiff's Unresisted Motion for Leave to File Under Seal. Plaintiff is granted leave to file the referenced documents under seal, provisionally subject to review and further order of the court. Plaintiff must also file redacted versions of any such documents on the public docket. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/26/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 49 Unresisted MOTION to file overlength brief by Robert Schmidt. Responses due by 10/11/2022. (Attachments: #1 Brief in Support)(Mallory, Billy) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 48 NOTICE of Appearance by Billy Joe Mallory on behalf of Robert Schmidt (Mallory, Billy) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 47 Unresisted MOTION for Leave to File under Seal by Robert Schmidt. Responses due by 10/11/2022. (Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 46 Unresisted MOTION for Leave to File under Seal by Raridon & Associates Orthopedics, Inc.. Responses due by 10/11/2022. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 45
TEXT ORDER granting #44 Joint Motion to Extend Deadlines for Resistances to Motions for Partial Summary Judgment. The parties have until September 26, 2022 to respond to the Motions for Partial Summary Judgment Dkt. #41 and #43 . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/14/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 44 Joint MOTION for Extension of Time to File Resistances to Motions for Partial Summary Judgment by Robert Schmidt. Responses due by 9/28/2022. (Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 43 MOTION for Partial Summary Judgment by Robert Schmidt. Responses due by 9/22/2022. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support, #3 Appendix)(Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 42 Sealed Document re #41 MOTION for Partial Summary Judgment (Sealed Brief, SOUF & Appendix re MSJ by Raridon & Associates Orthopedics, Inc.. (Attachments: #1 Statement of Undisputed Facts, #2 Appendix)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 41 MOTION for Partial Summary Judgment by Raridon & Associates Orthopedics, Inc.. Responses due by 9/21/2022. (Attachments: #1 Brief in Support, #2 Statement of Undisputed Facts, #3 Appendix)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 40
TEXT ORDER granting #39 Plaintiff's Unresisted Motion for Permission to File Overlength Brief in Support of its Motion for Partial Summary Judgment. Plaintiff is granted leave to file its overlength brief in support of its summary judgment motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 8/30/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 39 Unresisted MOTION to file overlength brief by Raridon & Associates Orthopedics, Inc.. Responses due by 9/13/2022. (Attachments: #1 Overlength Brief)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 38
TEXT ORDER granting #37 Plaintiff's Unresisted Motion for Leave to File Under Seal. Plaintiff is granted leave to file documents supporting a motion for summary judgment under seal, provisionally subject to review and further order of the court. Plaintiff must also file redacted versions of any such documents on the public docket. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 8/30/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 37 Unresisted MOTION for Leave to File under Seal by Raridon & Associates Orthopedics, Inc.. Responses due by 9/13/2022. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 36 REPLY re #34 MOTION to Amend/Correct #24 Amended Complaint filed by Raridon & Associates Orthopedics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 35 RESPONSE to Motion re #34 MOTION to Amend/Correct #24 Amended Complaint filed by Robert Schmidt. Replies due by 8/9/2022. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Steuterman, Allison) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 34 MOTION to Amend/Correct #24 Amended Complaint by Raridon & Associates Orthopedics, Inc.. Responses due by 8/3/2022. (Attachments: #1 Exhibit A, Second Amended Complaint (Redlined), #2 Exhibit A, Second Amended Complaint (Clean), #3 Brief in Support of Second Motion to Amend)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 33
TEXT ORDER granting in part #32 Joint Motion to Extend Deadlines Including Dispositive Motion Deadline. The parties have until August 15, 2022 to complete discovery and until September 1, 2022 to file dispositive motions. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 6/13/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 32 Joint MOTION for Extension of Time For Scheduling Order/R16 Deadlines of discovery and dispositive motions by Raridon & Associates Orthopedics, Inc.. Responses due by 6/24/2022. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 31 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Stephen B. Jackson, Jr.: Status Conference held on 5/13/2022. Attorneys Elizabeth Etchells & Michele Brott appeared for plaintiff. Attorney Douglas Fulton appeared for defendant. Court Time: 8 minutes. (jeb) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 30 NOTICE by Robert Schmidt of Service of Discovery Requests Upon Plaintiff (Fulton, Douglas) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 29
TEXT ORDER SETTING STATUS CONFERENCE: An in-person Status Conference will be held May 13, 2022 at 10:30 AM before Magistrate Judge Stephen B. Jackson, Jr. in the United States Courthouse in Des Moines, Iowa. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 5/3/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 28
JOINT STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 4/1/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 27
TEXT ORDER granting #26 Joint Motion for the Entry of a Protective Order. The court approves and will enter a protective order in the form submitted with the motion except for paragraph 9 which has been modified. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 4/1/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 26 Joint MOTION for Protective Order by Raridon & Associates Orthopedics, Inc.. Responses due by 4/14/2022. (Attachments: #1 Text of Proposed Order Protective Order)(Etchells, Elizabeth) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 25 AMENDED ANSWER to Complaint by Douglas A. Fulton on behalf of Robert Schmidt. (Fulton, Douglas) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 24 AMENDED COMPLAINT against Robert Schmidt., filed by Raridon & Associates Orthopedics, Inc. (kjw) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 23
TEXT ORDER granting #22 Motion to Withdraw as Counsel. Pursuant to Local Rule 83(d)(6), attorney Holly M. Logan is granted leave to withdraw as counsel for Plaintiff in this case. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/9/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 22 MOTION to Withdraw as Attorney by Holly M. Logan by Raridon & Associates Orthopedics, Inc.. Responses due by 3/23/2022. (Logan, Holly) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 21
TEXT ORDER granting #20 Plaintiff's Unresisted Motion to Amend Complaint. Pursuant to Local Rule 15, the Clerk of Court is directed to detach and docket the amended complaint attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/9/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 20 Unresisted MOTION to Amend/Correct #1 Complaint, by Raridon & Associates Orthopedics, Inc.. Responses due by 3/22/2022. (Attachments: #1 Exhibit A - Amended Complaint)(Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 19
TEXT ORDER granting #18 Plaintiff's Unresisted Motion to Extend Expert Witness Deadlines. As requested, Plaintiff has until March 31, 2022 to designate expert witnesses and disclose their written reports; defendant has until April 14, 2022 to designate expert witnesses and disclose their written reports; plaintiff has until May 16, 2022 to designate rebuttal expert witnesses and disclose their written reports. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/8/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 18 Unresisted MOTION for Extension of Time For Scheduling Order/R16 Deadlines of Plaintiffs and Defendant's expert witness deadline by Raridon & Associates Orthopedics, Inc.. Responses due by 3/22/2022. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 17 NOTICE of Appearance by Michele L. Brott on behalf of Raridon & Associates Orthopedics, Inc. (Brott, Michele) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 16
TEXT ORDER granting #15 Plaintiff's Unresisted Motion for Extension of Deadlines to Designate Experts and Disclose Written Reports. Plaintiff has until March 18, 2022, to designate expert witnesses and disclose their written reports; defendant has until May 18, 2022, to designate expert witnesses and disclose their written reports; plaintiff has until June 20, 2022, to designate rebuttal expert witnesses and disclose their written reports. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 2/1/2022. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 15 Unresisted MOTION for Extension of Time For Scheduling Order/R16 Deadlines of plaintiffs experts, defendants experts by Raridon & Associates Orthopedics, Inc.. Responses due by 2/15/2022. (Logan, Holly) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 14
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See order for deadlines and form. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 11/4/2021. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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Filing 13
SCHEDULING AND TRIAL SETTING ORDER. Initial Disclosures due by 11/12/2021. Motions to Add Parties due by 1/4/2022. Motions to Amend Pleadings due by 1/4/2022. Plaintiff Expert Witness Disclosures due by 2/1/2022. Defendant Expert Witness Disclosures due by 4/1/2022. Plaintiff Rebuttal Expert Witness Disclosures due by 5/2/2022. Discovery Deadline 7/1/2022. Dispositive Motion Deadline 8/1/2022. Final Pretrial Conference set for 12/1/2022 10:00 AM in Des Moines Courthouse before Magistrate Judge Stephen B. Jackson, Jr. Bench Trial set to begin 1/3/2023 9:00 AM for estimated 3 days in Des Moines Courthouse before Magistrate Judge Stephen B. Jackson, Jr. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 11/4/2021. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 12 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Stephen B. Jackson, Jr.: Scheduling Conference held on 11/4/2021. Attorney Elizabeth Etchells appeared for plaintiff. Attorney Douglas Fulton appeared for defendant. Scheduling order to be entered. Court Time: 10 minutes. (jeb) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 11 NOTICE of Appearance by Elizabeth Astrid Etchells on behalf of Raridon & Associates Orthopedics, Inc. (Etchells, Elizabeth) [Transferred from Iowa Southern on 8/29/2023.] |
| Magistrate Judge Stephen B. Jackson, Jr added. Magistrate Judge Stephen B. Jackson, Jr as referral judge and Judge Stephanie M. Rose no longer assigned to case. (kjw) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 10
TEXT ORDER: re #9 Consent To Proceed Before A Magistrate. It is ORDERED that this case is referred to a United States Magistrate Judge pursuant to the consent of the parties to conduct all further proceedings and order the entry of judgment in accordance with 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73. Signed by Judge Stephanie M. Rose on 11/1/2021. (mkh) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 9 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN AND CONSENT TO PROCEED BEFORE A MAGISTRATE . (Logan, Holly) [Transferred from Iowa Southern on 8/29/2023.] |
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Filing 8
TEXT ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference will be held on November 4, 2021 at 11:00 AM in the United States Courthouse in Des Moines, Iowa before Magistrate Judge Stephen B. Jackson, Jr. The parties shall confer and file a proposed scheduling order and discovery plan as provided under L.R. 16 by November 1, 2021. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 10/22/2021. (jeb) [Transferred from Iowa Southern on 8/29/2023.]
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| Filing 7 Defendant's ANSWER to Complaint by Robert Schmidt.(Fulton, Douglas) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 6 Corporate Disclosure/Statement of Interest by Raridon & Associates Orthopedics, Inc.. (Logan, Holly) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 5 SUMMONS Returned Executed by Raridon & Associates Orthopedics, Inc.. Robert Schmidt served on 10/5/2021, answer due 10/26/2021. (Logan, Holly) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 4 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for plaintiff 10/12/2021. (Attachments: #1 7.1 packet) (kjw) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 3 Errata correction to caption and initial paragraph re #1 Complaint, filed by Raridon & Associates Orthopedics, Inc.. (Logan, Holly) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 2 Errata correcting caption re #1 Complaint, filed by Raridon & Associates Orthopedics, Inc.. (Logan, Holly) [Transferred from Iowa Southern on 8/29/2023.] |
| Filing 1 COMPLAINT against Robert Schmidt Filing fee paid in the amount of $ 402, receipt number 0863-4605248., filed by Raridon & Associates Orthopedics, Inc.. Notice of Dismissal for lack of Service deadline set for 12/20/2021. Rule 16 Notice of Dismissal set for 12/20/2021. (Attachments: #1 Exhibit 1)(Logan, Holly) Modified on 9/22/2021 removed Jury Demand (don). [Transferred from Iowa Southern on 8/29/2023.] |
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