Bailey v. Azar et al
| Benny Ray Bailey |
| Alex M. Azar, II and Joanne M. Chiedi |
| 6:2020cv00166 |
| August 3, 2020 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Contract: Recovery Medicare |
| 05 U.S.C. § 702 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: granting #32 Motion to Withdraw as Attorney. Clerk SHALL strike Mr. Bina as counsel of record. Attorney Mark W. Bina terminated. Signed by Magistrate Judge Hanly A. Ingram on 9/28/20. (SYD)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #32 MOTION to Withdraw as Attorney by Benny Ray Bailey (KJA) |
| Filing 32 MOTION to Withdraw as Attorney by Benny Ray Bailey Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Blank, David) |
| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #25 Notice to Attorney Mark W. Bina. No action taken. (KJA) Modified text on 9/22/2020 (KJA). |
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Filing 31
ORDER: The Court GRANTS Plaintiff's motion #27 for Mr. Blank to appear pro hac vice. Signed by Magistrate Judge Hanly A. Ingram on 09/04/2020. (KJA)cc: COR - Order, Copy of Mandatory ECF General Order & ECF Registration to David M. Blank by US Mail
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| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #30 Response in Support of Motion (KJA) |
| Filing 30 RESPONSE to the Court's Order Regarding Plaintiff's Motion Seeking Leave of Court to Grant Pro Hac Vice re #27 MOTION for David Michael Blank to Appear Pro Hac Vice by Benny Ray Bailey filed by Benny Ray Bailey. (KJA) |
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Filing 29
ORDER re #27 MOTION for David Michael Blank to Appear Pro Hac Vice by Benny Ray Bailey : Mr. Blank SHALL file, on or before Thursday,September 3, 2020, a supplement to the motion that identifies the method of training availablethrough the Eastern District of Kentucky Clerks office completed by him. Mr. Blank maycontact the Clerks office for further direction. Signed by Magistrate Judge Hanly A. Ingram on 8/21/20.(SYD)cc: COR, mailed to David Blank
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| Filing 28 NOTICE of Appearance by David Michael Blank on behalf of Benny Ray Bailey (KJA) |
| Filing 27 MOTION for David Michael Blank to Appear Pro Hac Vice by Benny Ray Bailey Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit - DC Bar Certificate of Good Standing, #2 Exhibit The Florida Bar Certificate of Good Standing, #3 Receipt #5030561)(KJA) |
| BAR STATUS Check completed as to David Michael Blank re #27 MOTION for David Michael Blank to Appear Pro Hac Vice by Benny Ray Bailey. (KJA) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #27 MOTION for David Michael Blank to Appear Pro Hac Vice by Benny Ray Bailey (KJA) |
| Filing 26 NOTICE TO ATTORNEY David Michael Blank by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Data Form)(KJA) |
| Filing 25 NOTICE TO ATTORNEY Mark W. Bina by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Data Form)(KJA) |
| Filing 24 NOTICE OF APPEARANCE by Alex M. Azar, II. (Williams, Jennifer) |
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Filing 23
ORDER: To set the matter on track for resolution, IT IS HEREBY ORDERED: 1. Plaintiff must move for summary judgment or judgment on the pleadings within sixty (60) days. Plaintiff shall include a supporting memorandum that does not exceed 15 pages in length. 2. The Secretary and Acting Inspector General must file a counter-motion or a response to Plaintiffs motion for summary judgment within thirty (30) days of the filing of the motion for summary judgment or judgment on the pleadings. The counter-motion or response shall not exceed 15 pages in length. 3. Motion practice shall be governed by Local Rule 7.1 except as otherwise provided in this order. 4. Extensions of time, expansions of page limitations, or permission to file additional briefs may be granted only if good cause is shown. 5. The parties are granted leave to seek relief from this procedure and/or deadlines by proper motion. Dispositive Motions due by 10/6/2020. Responses due by 11/6/2020. Signed by Magistrate Judge Hanly A. Ingram on 8/6/2020.(RBB)cc: COR
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| Clerk's Note: re #23 Scheduling Order mailed to counsel of record Mark W. Bina and David Michael Blank on this date. (KJA) |
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Filing 22
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (KJA)cc: COR Mark Bina, David Michael Blank. Modified to text on 8/4/2020 (KJA).
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| Filing 20 CASE TRANSFERRED IN from District of District of Columbia. Case number 1:19-cv-01721. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet |
| Conflict Check run. (TDA) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #20 CASE TRANSFERRED IN from District of District of Columbia. Case number 1:19-cv-01721. Original file, certified copy of transfer order and docket sheet received. (KJA) |
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Filing 19
ORDER. For the Reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' motion to dismiss [Dkt. # 12] is GRANTED. It is further ORDERED that the Clerk shall TRANSFER this matter to the United States District Court for the Eastern District of Kentucky. SO ORDERED. (Transfer due by 8/1/2020). Signed by Judge Richard J. Leon on 7/21/2020. (jth) [Transferred from dcd on 8/4/2020.]
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| Filing 18 MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 7/21/2020. (jth) [Transferred from dcd on 8/4/2020.] |
| Filing 17 NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of All Defendants Substituting for attorney Scott Leeson Sroka (Cirino, Paul) [Transferred from dcd on 8/4/2020.] |
| Filing 16 REPLY to opposition to motion re #12 MOTION to Dismiss filed by ALEX M. AZAR, II, JOANNE M. CHIEDI. (Sroka, Scott) [Transferred from dcd on 8/4/2020.] |
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MINUTE ORDER. Upon consideration of Defendants' #15 Motion for Extension of Time to File Response/Reply, it hereby ORDERED that the motion is GRANTED nunc pro tunc. It is further ORDERED that the time for Defendants to file their Reply is hereby extended up to and including October 24, 2019. SO ORDERED. Signed by Judge Richard J. Leon on 10/14/2019. (lcrjl1) [Transferred from dcd on 8/4/2020.]
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| Filing 15 Consent MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss by ALEX M. AZAR, II, JOANNE M. CHIEDI (Sroka, Scott) [Transferred from dcd on 8/4/2020.] |
| Filing 14 Memorandum in opposition to re #12 MOTION to Dismiss filed by BENNY RAY BAILEY. (Attachments: #1 Text of Proposed Order Proposed Order)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
| Filing 13 ADMINISTRATIVE RECORD by ALEX M. AZAR, II, JOANNE M. CHIEDI. (Attachments: #1 Exhibit Administrative Record Volume 1, #2 Exhibit Administrative Record Volume 2, #3 Exhibit Administrative Record Volume 3, #4 Exhibit Administrative Record Volume 4, #5 Exhibit Index)(Sroka, Scott) [Transferred from dcd on 8/4/2020.] |
| Filing 12 MOTION to Dismiss by ALEX M. AZAR, II, JOANNE M. CHIEDI (Sroka, Scott) [Transferred from dcd on 8/4/2020.] |
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MINUTE ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that David M. Blank be, and hereby is, admitted pro hac vice in this case. SO ORDERED. Signed by Judge Richard J. Leon on 9/17/19. (lcrjl1) [Transferred from dcd on 8/4/2020.]
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| Filing 11 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David M. Blank, :Firm- Quarles & Brady LLP, :Address- 1701 Pennsylvania Ave, NW, Suite 700, Washington DC 20006. Phone No. - 202-780-2643. Fax No. - (202) 372-9599 Filing fee $ 100, receipt number 0090-6340493. Fee Status: Fee Paid. by BENNY RAY BAILEY (Attachments: #1 Declaration Declaration of David Blank, #2 Text of Proposed Order Proposed Order)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
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MINUTE ORDER granting #9 Motion for Extension of Time to File Answer. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the time for Defendants to file their Answer is hereby extended up to and including September 19, 2019. Signed by Judge Richard J. Leon on 8/26/2019. (lcrjl1) [Transferred from dcd on 8/4/2020.]
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| Filing 10 NOTICE of Appearance by Scott Leeson Sroka on behalf of ALEX M. AZAR, II, JOANNE M. CHIEDI (Sroka, Scott) [Transferred from dcd on 8/4/2020.] |
| Filing 9 Consent MOTION for Extension of Time to File Answer by ALEX M. AZAR, II (Sroka, Scott) [Transferred from dcd on 8/4/2020.] |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2019. (Attachments: #1 Affidavit Mailing Affidavit - USAO, #2 Certificate of Service Delivery Confirmation - USAO / USPS)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/20/2019. (Attachments: #1 Affidavit Affidavit of Mailing - AG Barr, #2 Certificate of Service Delivery Confirmation - Barr)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOANNE M. CHIEDI served on 6/19/2019 (Attachments: #1 Affidavit Mailing Affidavit - Chiedi, #2 Certificate of Service Delivery Confirmation - Chiedi)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 6/19/2019 (Attachments: #1 Affidavit Mailing Affidavit for Azar, #2 Certificate of Service USPS Delivery Confirmation of Certified Mail - Return Receipt)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
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Filing 4
STANDING ORDER. Signed by Judge Richard J. Leon on 7/28/19. (lcrjl1) [Transferred from dcd on 8/4/2020.]
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| Filing 3 SUMMONS (4) Issued Electronically as to ALEX MICHAEL AZAR, II, JOANNE M. CHIEDI, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, ) [Transferred from dcd on 8/4/2020.] |
| Filing 2 ERRATA - Complaint by BENNY RAY BAILEY. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet, #3 Summons Azar Summons, #4 Summons Chiedi Summons, #5 Summons USAO Summons, #6 Summons AG Summons)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
| Filing 1 COMPLAINT against ALEX M. AZAR, II, JOANNE CHIEDI with Jury Demand ( Filing fee $ 400 receipt number 0090-6185183) filed by BENNY RAY BAILEY. (Attachments: #1 Exhibit Exhibit A - Final Administrative Decision, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summons Summons to Secretary Azar, #4 Summons Summons to Acting IG Chiedi)(Bina, Mark) [Transferred from dcd on 8/4/2020.] |
| Case Assigned to Judge Richard J. Leon. (zef, ) [Transferred from dcd on 8/4/2020.] |
| SUMMONS Not Issued as to ALEX MICHAEL AZAR, II, JOANNE M. CHIEDI. (zef, ) [Transferred from dcd on 8/4/2020.] |
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