Mosley v. Ezricare, LLC et al
| Richard Mosley and Alisa McMillan |
| Ezricare, LLC, Ezrirx,LLC, Delsam Pharma, LLC, Global Pharma Healthcare Private, LTD and ARU Pharma, INC. |
| 6:2023cv00020 |
| February 4, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 96
ORDER: granting #95 Motion to Appear Pro Hac Vice for Sarah E. Jones. Signed by Magistrate Judge Hanly A. Ingram on 9/27/2023. (APR)cc: COR
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BAR STATUS Check completed as to Sarah E. Jones re #95 MOTION for Sarah E. Jones to Appear Pro Hac Vice by Ezricare, LLC, Ezrirx,LLC ( Filing fee $125; receipt number AKYEDC-5659686). (APR)
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NOTICE OF DOCKET MODIFICATION TO Clay M. Stevens re #95 MOTION for Sarah E. Jones to Appear Pro Hac Vice by Ezricare, LLC, Ezrirx,LLC ( Filing fee $125; receipt number AKYEDC-5659686); Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (APR)
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Filing 95
MOTION for Sarah E. Jones to Appear Pro Hac Vice by Ezricare, LLC, Ezrirx,LLC ( Filing fee $125; receipt number AKYEDC-5659686)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order)(Stevens, Clay). Modified Attachment #1 name on 9/27/2023 (APR).
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Filing 94
ORDER: denying #92 Motion to Appear Pro Hac Vice for Sarah E. Jones. Movant has failed to consent to having Kentucky's Rules of Professional Conduct enforced against her by Kentucky's Supreme Court if she violates those rules. Movant is directed to LR 83.2(a)(3) for instructions on what is needed to bring a future motion into compliance w/ the local rules. Signed by Magistrate Judge Hanly A. Ingram on 9/26/2023. (APR)cc: COR
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Filing 93
MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 09/25/2023 before Magistrate Judge Hanly A. Ingram: The Court ORDERED Counsel for Plaintiff to file a status update with the Court on or before January 12, 2024 describing efforts to effectuate service on Defendant Global Pharma Healthcare Private, LTD. Defendants pending motion to stay was addressed and, based upon the position described in the reply memorandum (D.E. #80 ), the parties AGREED that motion should be denied without prejudice to Defendants having leave to re-file that motion following rulings on the pending motions to dismiss. In light of the parties agreement, the Court ORDERS that Defendant's motion to stay (D.E. #67 ) is DENIED WITHOUT PREJUDICE to re-file after Judge Wier rules on the pending motions to dismiss. The Court asked counsel if any other pretrial issues required the Courts attention. Counsel informed the Court that no other issues require the Court's attention at this time. Signed by Hanly A. Ingram. (KJA)cc: COR
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Filing 92
MOTION for Sarah E. Jones to Appear Pro Hac Vice by Ezricare, LLC, Ezrirx,LLC ( Filing fee $125; receipt number AKYEDC-5658500)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit, #2 Proposed Order)(Stevens, Clay)
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***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #66 MOTION to Dismiss by Ezricare, LLC , #64 MOTION to Dismiss for Lack of Jurisdiction by Delsam Pharma, LLC MOTION to Dismiss for failure to state a claim by Delsam Pharma, LLC , #65 MOTION to Dismiss by Ezrirx,LLC (KJA)
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Filing 91
REPLY to Response to Motion re #65 MOTION to Dismiss by Ezrirx,LLC filed by Ezrirx,LLC. (Gault, Patrick)
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Filing 90
REPLY to Response to Motion re #66 MOTION to Dismiss by Ezricare, LLC filed by Ezricare, LLC. (Gault, Patrick)
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Filing 89
REPLY to Response to Motion re #64 MOTION to Dismiss for Lack of Jurisdiction by Delsam Pharma, LLC MOTION to Dismiss for failure to state a claim by Delsam Pharma, LLC filed by Delsam Pharma, LLC. (McIntosh, Thomas)
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Filing 88
CLARIFYING ORDER re #87 Order: There is NO teleconference or other court event scheduled in this case for August 29, 2023. The mid-discovery teleconference remains scheduled for September 25, 2023 at 11:00 A.M. To avoid confusion, the Court reiterates that the parties are DIRECTED to call 859-474-8484 and enter the meeting ID number 460 127 550 followed by the # sign to join the teleconference. Signed by Magistrate Judge Hanly A. Ingram on 8/22/2023.(APR)cc: COR
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Filing 87
ORDER: The mid-discovery TELEPHONIC STATUS CONFERENCE is re-scheduled for 9/25/2023 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram. To join the conference, the parties are DIRECTED to call 859-474-8484 and enter the meeting ID number 460 127 550 followed by the # sign. Signed by Magistrate Judge Hanly A. Ingram on 08/22/2023.(KJA)cc: COR, London Diary
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Filing 86
ORDER re #85 Proposed Agreed Order Extending Time for Defendants to File Reply Memorandums in Support of Motions to Dismiss by Delsam Pharma, LLC, Ezricare, LLC, Ezrirx,LLC, Alisa McMillan, Richard Mosley: Being sufficiently advised, the Court GRANTS DE #85 and EXTENDS Dfts' deadline to file reply memoranda to September 8, 2023. Signed by Judge Robert E. Wier on 8/21/2023.(APR)cc: COR
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Filing 85
Proposed Agreed Order Extending Time for Defendants to File Reply Memorandums in Support of Motions to Dismiss by Delsam Pharma, LLC, Ezricare, LLC, Ezrirx,LLC, Alisa McMillan, Richard Mosley. (McIntosh, Thomas) Modified text and added filers on 8/18/2023 (APR).
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***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #85 Proposed Agreed Order Extending Time for Defendants to File Reply Memorandums in Support of Motions to Dismiss by Delsam Pharma, LLC, Ezricare, LLC, Ezrirx,LLC, Alisa McMillan, Richard Mosley (APR)
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Filing 84
RESPONSE in Opposition re #65 MOTION to Dismiss by Ezrirx,LLC filed by Alisa McMillan, Richard Mosley. (Goldstein, Maury)
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Filing 83
RESPONSE in Opposition re #66 MOTION to Dismiss by Ezricare, LLC filed by Alisa McMillan, Richard Mosley. (Goldstein, Maury)
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Filing 82
RESPONSE in Opposition re #64 MOTION to Dismiss for Lack of Jurisdiction by Delsam Pharma, LLC MOTION to Dismiss for failure to state a claim by Delsam Pharma, LLC filed by Alisa McMillan, Richard Mosley. (Goldstein, Maury)
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Filing 81
REPLY BRIEF to #67 filed by Delsam Pharma, LLC. (McIntosh, Thomas)
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #67 MOTION to Stay by Ezricare, LLC (APR)
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NOTICE OF DOCKET MODIFICATION TO Clay M. Stevens re #80 Reply to Response to Motion; Error: attachment was insufficiently described as "Exhibit A." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (APR)
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Filing 80
REPLY to Response to Motion re #67 MOTION to Stay by Ezricare, LLC filed by Ezricare, LLC. (Attachments: #1 Exhibit A - Middle District of Florida Order Staying Case)(Stevens, Clay) Modified attachment name on 7/10/2023 (APR).
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Filing 79
ORDER: IT IS HEREBY ORDERED THAT the motion to file a supplemental brief (D.E. #78 ) is DENIED. IT IS FURTHER ORDERED THAT Delsam SHALL REPLY in support of the motion to stay on or before Thursday, July 13, 2023. Signed by Magistrate Judge Hanly A. Ingram on 7/6/2023. (APR)cc: COR
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Filing 78
MOTION for Leave by Delsam Pharma, LLC to File Supplemental Brief on Motion to Stay Proceedings Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(McIntosh, Thomas)
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Filing 77
ORDER: The Court GRANTS DE #72 and EXTENDS Plaintiffs' deadline to respond to Defendants' Rule 12(b) motions to August 14, 2023. Signed by Judge Robert E. Wier on 6/30/2023.(APR)cc: COR
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Filing 76
RESPONSE to Motion re #72 UNOPPOSED MOTION for Extension of Time by Alisa McMillan, Richard Mosley Joint Response by All Defendants filed by Ezricare, LLC, Ezrirx,LLC. (Stevens, Clay)
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Filing 75
ORDER re #72 UNOPPOSED MOTION for Extension of Time by Alisa McMillan, Richard Mosley: The Court ORDERS Defendants to jointly respond by June 30, 2023, stating their position on the extension request. Further, the Court DENIES DE #70 as moot in light of Plaintiffs' notice stating that DE #70 includes terms different than those agreed upon by the parties. See DE #71 . Signed by Judge Robert E. Wier on 6/27/2023.(APR)cc: COR
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Filing 74
ORDER re #67 MOTION to Stay by Ezricare, LLC: To ensure a complete record, IT IS HEREBY ORDERED THAT Defendant Ezricare, LLC, SHALL REPLY on its motion to stay (D.E. #67 ) on or before Friday, July 7, 2023. Signed by Magistrate Judge Hanly A. Ingram on 6/27/2023.(APR)cc: COR. Modified text to correct reply date on 6/27/2023 (APR).
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NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re #74 Order; Error: Incorrect reply deadline listed in docket text; Entry by Docket Clerk; Correction: Corrected reply deadline in docket text; no action needed from counsel. cc: COR (APR)
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***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #70 UNOPPOSED MOTION for Extension of Time by Alisa McMillan, Richard Mosley , #72 UNOPPOSED MOTION for Extension of Time by Alisa McMillan, Richard Mosley (APR)
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Filing 73
RESPONSE in Opposition re #67 MOTION to Stay by Ezricare, LLC filed by Alisa McMillan, Richard Mosley. (Attachments: #1 Exhibit Ex. A - Order dated June 21, 2023, #2 Exhibit Ex. B - Aru Pharmacy Bankruptcy Petition, #3 Exhibit Ex. C - CDC: Outbreak of Extensively Drug-resistant Pseudomonas aeruginosa Associated with Artificial Tears)(Goldstein, Maury)
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Filing 72
UNOPPOSED MOTION for Extension of Time by Alisa McMillan, Richard Mosley Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order Proposed Order)(Goldstein, Maury)
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Filing 71
NOTICE by Alisa McMillan, Richard Mosley re #70 UNOPPOSED MOTION for Extension of Time by Alisa McMillan, Richard Mosley (Bryant, David)
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Filing 70
UNOPPOSED MOTION for Extension of Time by Alisa McMillan, Richard Mosley Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Bryant, David)
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Filing 69
RESPONSE in Support re #67 MOTION to Stay by Ezricare, LLC filed by Delsam Pharma, LLC. (McIntosh, Thomas)
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Filing 68
ORDER re #67 MOTION to Stay by Ezricare, LLC: IT IS HEREBY ORDERED that Plaintiffs and Defendants Delsam Pharma, LLC, and EzriRx, LLC, SHALL RESPOND to the motion on or before June 26, 2023. Signed by Magistrate Judge Hanly A. Ingram on 6/13/2023.(APR)cc: COR
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NOTICE OF DOCKET MODIFICATION TO Clay M. Stevens re #65 MOTION to Dismiss by Ezrirx,LLC , #67 MOTION to Stay by Ezricare, LLC ; Error: attachments were insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (APR)
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Filing 67
MOTION to Stay by Ezricare, LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Memorandum in Support, #2 Exhibit Aru Pharma, Inc. Bankruptcy Petition, #3 Proposed Order)(Stevens, Clay) Modified Attachment #2 name on 6/13/2023 (APR).
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Filing 66
MOTION to Dismiss by Ezricare, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Stevens, Clay)
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Filing 65
MOTION to Dismiss by Ezrirx,LLC (Attachments: #1 Memorandum in Support, #2 Exhibit Affidavit of Ezriel Green, #3 Proposed Order)(Stevens, Clay) Modified Attachment #2 name on 6/13/2023 (APR).
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Filing 64
MOTION to Dismiss for Lack of Jurisdiction by Delsam Pharma, LLC , MOTION to Dismiss for failure to state a claim by Delsam Pharma, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit A (Declaration of Kuppusamy Arumugam), #3 Proposed Order)(McIntosh, Thomas)
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Filing 63
DISCLOSURES Rule 26 by Alisa McMillan, Richard Mosley.(Bryant, David)
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Filing 62
DISCLOSURES Rule 26 by Ezricare, LLC, Ezrirx,LLC.(Stevens, Clay)
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Filing 61
ORDER re #60 UNOPPOSED MOTION for Extension of Time: IT IS HEREBY ORDERED that the Motion is GRANTED and that all parties shall have a 10-Day Extension of Time to Exchange Rule 26(a)(1) disclosure in this matter through and until June 5, 2023. Signed by Magistrate Judge Hanly A. Ingram on 5/30/2023. (APR)cc: COR
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Filing 60
UNOPPOSED MOTION for Extension of Time by Ezricare, LLC, Ezrirx,LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Stevens, Clay)
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Filing 59
FRCP 7.1 DISCLOSURE STATEMENT by Delsam Pharma, LLC. (McIntosh, Thomas)
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Filing 58
SCHEDULING ORDER: 1. Parties exchange Rule 26(a)(1) disclosures by 5/26/2023. These disclosures need not be filed in the Court record. 2. Parties file any motion to amend pleadings by 7/31/2023. 3. Parties complete class-certification fact discovery by 3/4/2024. Parties complete class-certification expert discovery by 6/7/2024. 4. NLT 4/4/2024, Plaintiffs disclose expert witnesses pertaining to class certification issues. These disclosures need not be filed in the Court record. NLT 5/13/2024, Defendant provide same. 5. NLT 6/17/2024, Plaintiffs file any motion for class certification. NLT 7/29/2024, Defendants file any response in opposition to class certification. NLT 8/16/2024, Plaintiffs file reply in support of class certification. 6. The Court declines to schedule a pretrial conference, trial, or deadlines for related filings at this time. 7. Modification of this schedule is disfavored and will only occur under Rule 16 and/or Rule 6. 8. Other than the agreed-upon discovery limits within the parties' Rule 26(f) report, the default limits within the discovery rules apply. 9. TELEPHONIC STATUS CONFERENCE set for 9/29/2023 at 11:30 AM. The call will be off the record and for counsel only. To join the teleconference, parties are DIRECTED to call 1-606-371-5577 and enter Meeting ID 241 345 852#. Signed by Magistrate Judge Hanly A. Ingram on 5/8/2023.(APR)cc: COR,CD
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Filing 57
SUPPLEMENTAL REPORT of Rule 26(f) Planning Meeting. (Bryant, David)
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***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: #57 Supplemental Report of Rule 26(f) Planning Meeting (APR)
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Filing 56
ORDER: IT IS HEREBY ORDERED THAT the motion (D.E. #45 ) is GRANTED. Plaintiff's deadline to effectuate service upon Defendant Global Pharma is EXTENDED to November 1, 2023. Signed by Magistrate Judge Hanly A. Ingram on 05/01/2023. (KJA)cc: COR
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Filing 55
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Thomas McIntosh. #27 Proposed Agreed Order Extending Defendant Delsam Pharma LLC's Time Within Which to Answer, Move, or Otherwise Plead to Plaintiff's Class Action Complaint by Delsam Pharma, LLC has been filed by Delsam Pharma, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (APR)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Lirit A. King: re #51 Order on Motion to Withdraw as Attorney,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Lirit A. King (KJA)
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Filing 54
AMENDED COMPLAINT against Delsam Pharma, LLC, Ezricare, LLC, Ezrirx,LLC, Global Pharma Healthcare Private, LTD, filed by Richard Mosley, Alisa McMillan. Amended Complaint filed pursuant to Order at D.E. #53 . (KJA)
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Filing 53
ORDER: IT IS HEREBY ORDERED THAT Plaintiff's motion (D.E. #43 ) is GRANTED. The Clerk is DIRECTED to file the Amended Complaint (D.E. #43 -1) in the record. Defendants SHALL file their respective answers or other responses to the Amended Complaint on or before Monday, June 12, 2023. Signed by Magistrate Judge Hanly A. Ingram on 04/28/2023. (KJA)cc: COR
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Filing 52
ORDER: The motion to extend the Rule 26(f) meeting and report deadlines (D.E. #38 ) is DENIED. The Court will enter a scheduling order. However, the parties dispute whether discovery should be bifurcated. See D.E. #37 at 4-5. The Court perceives this to be a significant decision and requires further input from the parties concerning their positions. Thus, on or before May 5, 2023, the parties SHALL file supplemental memoranda to the Rule 26(f) Status Report describing their positions on bifurcation of discovery. Any objection shall be made within 14 days to the District Judge. Failure to object waives a party's right to review. Signed by Magistrate Judge Hanly A. Ingram on 04/28/2023. (KJA)cc: COR
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Filing 51
ORDER: Plaintiff Richard Mosley is currently represented by multiple counsel, one of whom, Lirit King, has filed a motion to withdraw. The motion being compliant with Joint Local Civil Rule 83.6(a), IT IS HEREBY ORDERED THAT Plaintiffs motion (D.E. #49 ) is GRANTED. Signed by Magistrate Judge Hanly A. Ingram on 04/28/2023. (KJA)cc: COR - Lirit King by US Mail
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Filing 50
JOINT RESPONSE to #45 filed by Ezricare, LLC, Ezrirx,LLC, Delsam Pharma, LLC. (Gault, Patrick) Modified text and added filer on 4/28/2023 (APR).
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Filing 49
AMENDED MOTION for Lirit King to Withdraw as Attorney by Richard Mosley Motions referred to Hanly A. Ingram. (Attachments: #1 Affidavit Declaration of Richard Mosley, #2 Affidavit Declaration of Lirit King, #3 Exhibit Notice of Substitution of Counsel, #4 Proposed Order)(Bryant, David) Modified text to add attorney's name on 4/27/2023 (APR).
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #49 AMENDED MOTION for Lirit King to Withdraw as Attorney by Richard Mosley (APR)
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Filing 48
REPLY to Response to Motion re #38 JOINT MOTION for Extension of Time by Ezricare, LLC, Ezrirx,LLC filed by Delsam Pharma, LLC, Ezricare, LLC, Ezrirx,LLC. (McIntosh, Thomas)
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Filing 47
RESPONSE to Motion re #43 MOTION to Amend/Correct #1 Complaint by Richard Mosley filed by Delsam Pharma, LLC, Ezricare, LLC, Ezrirx,LLC. (McIntosh, Thomas)
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***MOTIONS SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #43 MOTION to Amend/Correct #1 Complaint by Richard Mosley , #38 JOINT MOTION for Extension of Time by Ezricare, LLC, Ezrirx,LLC (APR)
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Filing 46
ORDER: Defendants SHALL RESPOND to the motion (D.E. #45 ) on or before Friday, April 28, 2023. Signed by Magistrate Judge Hanly A. Ingram on 04/19/2023.(JCP)cc: COR
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Filing 45
MOTION for Extension of Time to Serve Summons on Defendant Global Pharma Healthcare Private Ltd. by Richard Mosley Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Bryant, David) Modified text to further describe motion on 4/21/2023 (APR).
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Filing 44
ORDER: Defendants SHALL RESPOND to the motion to amend the Complaint #43 and shall REPLY on their motion to extend/stay #38 on or before WEDNESDAY, APRIL 26, 2023. Signed by Magistrate Judge Hanly A. Ingram on 04/19/2023.(JCP)cc: COR
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Filing 43
MOTION to Amend/Correct #1 Complaint by Richard Mosley Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Amended Complaint, #2 Proposed Order)(Bryant, David)
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Filing 42
RESPONSE in Opposition re #38 JOINT MOTION for Extension of Time by Ezricare, LLC, Ezrirx,LLC filed by Richard Mosley. (Bryant, David)
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Filing 41
ORDER: granting #40 Motion to Appear Pro Hac Vice for Jennifer Hoekstra. Signed by Magistrate Judge Hanly A. Ingram on 04/18/2023. (JCP)cc: COR
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BAR STATUS Check completed as to Jennifer M. Hoekstra re #40 MOTION for Jennifer Hoekstra to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5532004). (APR)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jennifer Hoekstra: re #41 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jennifer Hoekstra (JCP)
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Attorney Update. Attorney Jennifer Hoekstra for Richard Mosley added. (JCP)
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Filing 40
MOTION for Jennifer Hoekstra to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5532004)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Bryant, David)
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Filing 39
ORDER: Plaintiff SHALL RESPOND to the motion #38 on or before APRIL 19, 2023. Signed by Magistrate Judge Hanly A. Ingram on 04/12/2023.(JCP)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #38 JOINT MOTION for Extension of Time by Ezricare, LLC, Ezrirx,LLC (APR)
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Filing 38
JOINT MOTION for Extension of Time by Ezricare, LLC, Ezrirx,LLC, Delsam Pharma, LLC. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order for Extension of Time to Conduct Rule 26(f) Planning Meeting)(Gault, Patrick) Modified text and added filer on 4/12/2023 (APR).
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***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #29 Order, (JCP)
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Filing 37
REPORT of Rule 26(f) Planning Meeting. (Bryant, David)
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Filing 36
ORDER: The Motion to withdraw at D.E. #33 is DENIED without prejudice to the submission of a motion that complies with Local Rule 83.6.. Signed by Magistrate Judge Hanly A. Ingram on 04/06/2023. (JCP)cc: COR
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Filing 35
ORDER: granting #34 Motion to Appear Pro Hac Vice for Marcus J. Bradley. Signed by Magistrate Judge Hanly A. Ingram on 04/06/2023. (JCP)cc: COR
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Filing 34
MOTION for Marcus J. Bradley to Appear Pro Hac Vice by Richard Mosley and Response to Show Cause Order ( Filing fee $125; receipt number AKYEDC-5524299)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit, #3 Proposed Order)(Bryant, David)
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BAR STATUS Check completed as to Marcus J. Bradley re #34 MOTION for Marcus J. Bradley to Appear Pro Hac Vice by Richard Mosley and Response to Show Cause Order ( Filing fee $125; receipt number AKYEDC-5524299). (APR)
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***MOTIONS SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #33 MOTION to Withdraw as Attorney by Richard Mosley for Lirit A. King , #34 MOTION for Marcus J. Bradley to Appear Pro Hac Vice by Richard Mosley and Response to Show Cause Order ( Filing fee $125; receipt number AKYEDC-5524299) (APR)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Marcus J. Bradley: re #35 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Marcus J. Bradley (JCP)
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Filing 33
MOTION to Withdraw as Attorney by Richard Mosley for Lirit A. King. Motions referred to Hanly A. Ingram. (Attachments: #1 Affidavit, #2 Memorandum in Support, #3 Proposed Order)(Bryant, David) Modified text to include name of attorney requesting to withdraw on 4/6/2023 (APR).
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Clerk's Note re #15 Summons Issued: Office staff for Plaintiff's counsel Bryan Aylstock called the Clerk's Office and requested a certified copy of the issued summons for India-based Global Pharma Healthcare Private Ltd. for service. Clerk took payment of certification and copy fees and certified the summons as requested. Clerk sent certified copy of issued summons to requesting counsel on this date using UPS label provided by counsel. (APR)
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Filing 32
ORDER: Court GRANTS DE #31 and DISMISSES this action as to Defendant Aru Pharma, Inc., without prejudice. Signed by Judge Robert E. Wier on 03/28/2023.(JCP)cc: COR
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Filing 31
NOTICE of Voluntary Dismissal by Richard Mosley (Bryant, David)
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Filing 30
ORDER: Marcus J. Bradley to promptly COMPLY with the dictates of Local Rule 83 and apply for admission to practice before this Court and to SHOW CAUSE for his failure to comply with Local Rule 83 within the allotted 30-day period by April 10, 2023. Signed by Judge Robert E. Wier on 03/27/2023.(JCP)cc: COR and Marcus J. Bradley via US Mail
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Filing 29
ORDER: Lirit A. King to promptly COMPLY with the dictates of Local Rule 83 and apply for admission to practice before this Court and to SHOW CAUSE for his failure to comply with Local Rule 83 within the allotted 30-day period by April 10, 2023. Signed by Judge Robert E. Wier on 03/27/2023.(JCP)cc: COR and Lirit A. King via US Mail
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Filing 28
AGREED ORDER: Plaintiff Richard Mosley and defendant Delsam Pharma LLC hereby stipulate and agree that Delsam Pharma LLC has an extension of time, until April 28, 2023, in which to answer, move, or otherwise plead in response to plaintiffs Class Action Complaint. No prior extension has been granted by this Court. Signed by Magistrate Judge Hanly A. Ingram on 03/24/2023. (JCP)cc: COR. Modified text on 3/24/2023 (APR).
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***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #8 Notice to Attorney, #9 Notice to Attorney (No Action) (JCP)
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Filing 27
Proposed Agreed Order Extending Defendant Delsam Pharma LLC's Time Within Which to Answer, Move, or Otherwise Plead to Plaintiff's Class Action Complaint by Delsam Pharma, LLC. (McIntosh, Thomas)
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Filing 26
ORDER: granting #25 Motion to Appear Pro Hac Vice for Kiley L. Grombacher. Signed by Magistrate Judge Hanly A. Ingram on 03/21/2023. (JCP)cc: COR
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Kiley L. Grombacher: re #26 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Kiley L. Grombacher (JCP)
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #25 MOTION for Kiley L. Grombacher to Appear Pro Hac Vice by Richard Mosley (APR)
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BAR STATUS Check completed as to Kiley L. Grombacher re #25 MOTION for Kiley L. Grombacher to Appear Pro Hac Vice by Richard Mosley. (APR)
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NOTICE OF DOCKET MODIFICATION TO David G. Bryant re #25 MOTION to Amend/Correct; Error: the incorrect motion relief "Amend/Correct" was selected. Entry by Attorney; Clerk re-defined the document as a Motion to Appear Pro Hac Vice. No further action required by counsel. cc: COR (APR)
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Filing 25
MOTION for Kiley L. Grombacher to Appear Pro Hac Vice by Richard Mosley Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Bryant, David) Modified text and event type on 3/21/2023 (APR).
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Filing 24
ORDER: Plaintiffs motion (D.E. #23 ) is DENIED without prejudice to the resubmission of a corrected motion. Signed by Magistrate Judge Hanly A. Ingram on 03/20/2023. (JCP)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #23 MOTION for Kiley L. Grombacher to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5508709) (APR)
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BAR STATUS Check completed as to Kiley L. Grombacher re #23 MOTION for Kiley L. Grombacher to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5508709). (APR)
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Filing 23
MOTION for Kiley L. Grombacher to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5508709)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Bryant, David)
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Filing 22
FRCP 7.1 DISCLOSURE STATEMENT by Ezrirx,LLC. (Stevens, Clay)
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Filing 21
FRCP 7.1 DISCLOSURE STATEMENT by Ezricare, LLC. (Stevens, Clay)
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***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #8 Notice to Attorney, #9 Notice to Attorney, #7 Notice to Attorney (No PHV Motions filed as of 3/13/2023) (JCP)
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Filing 20
ORDER FOR MEETING AND REPORT: (1) Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f) (2) mandates. (2) Within 14 days of the meeting, the parties shall file a joint status report containing: see items a-e. Signed by Magistrate Judge Hanly A. Ingram on 03/10/2023.(JCP)cc: COR
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Filing 19
SUMMONS Returned Executed by Richard Mosley via Personal Service to Delsam Pharma, LLC served on 3/9/2023, answer due 3/30/2023. (Aylstock, Bryan)
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Filing 18
ANSWER to #1 Complaint with Jury Demand by Ezrirx,LLC.(Stevens, Clay)
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Filing 17
ANSWER to #1 Complaint with Jury Demand by Ezricare, LLC.(Stevens, Clay)
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Filing 16
SUMMONS Returned Executed by Richard Mosley via Personal Service to Ezrirx,LLC served on 2/23/2023, answer due 3/16/2023. (Aylstock, Bryan)
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Filing 15
Summons Issued as to ARU Pharma, INC., Delsam Pharma, LLC, Ezricare, LLC, Ezrirx,LLC, Global Pharma Healthcare Private, LTD; Summons issued and returned to counsel electronically (Attachments: #1 Summons - ARU Pharma, Inc., #2 Summons - Delsam Pharma, LLC, #3 Summons - EZRICARE, LLC, #4 Summons - EZRIRX, LLC)(APR)
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Filing 14
NOTICE OF FILING by Richard Mosley AND REQUEST FOR ISSUANCE OF SUMMONS (Attachments: #1 Summons Summons directed to Global, #2 Summons Summons directed to ARU Pharma, Inc., #3 Summons Summons directed to Delsam Pharma, LLC, #4 Summons Summons directed to EZRICARE, LLC, #5 Summons Summons directed to EZRIRX, LLC)(Aylstock, Bryan)
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Filing 13
ORDER: Court HEREBY GRANTS Plaintiff's motion to appear pro hace vice (D.E. #10 #11 #12 ). Signed by Magistrate Judge Hanly A. Ingram on 02/07/2023. (JCP)cc: COR
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Bryan F. Aylstock: re #13 Order on Motion to Appear Pro Hac Vice,,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Bryan F. Aylstock (JCP)
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BAR STATUS Check completed as to Maury Goldstein re #10 MOTION for Maury S. Goldstein to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5471565). (APR)
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BAR STATUS Check completed as to Bryan F. Aylstock re #11 MOTION for Bryan F. Aylstock to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5471595). (APR)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Hannah Pfeifler: re #13 Order on Motion to Appear Pro Hac Vice,,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Hannah Pfeifler (JCP)
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BAR STATUS Check completed as to Hannah Pfeifler re #12 MOTION for Hannah Pfeifler to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5471604). (APR)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Maury S. Goldstein: re #13 Order on Motion to Appear Pro Hac Vice,,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Maury S. Goldstein (JCP)
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Filing 12
MOTION for Hannah Pfeifler to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5471604)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Bryant, David)
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Filing 11
MOTION for Bryan F. Aylstock to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5471595)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Bryant, David)
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Filing 10
MOTION for Maury S. Goldstein to Appear Pro Hac Vice by Richard Mosley ( Filing fee $125; receipt number AKYEDC-5471565)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Bryant, David)
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Filing 9
NOTICE TO ATTORNEY Lirit King by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (JCP)
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Filing 8
NOTICE TO ATTORNEY Marcus Bradley by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (JCP)
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Filing 7
NOTICE TO ATTORNEY Kiley Grombacher by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (JCP)
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Filing 6
NOTICE TO ATTORNEY Maury Goldstein by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (JCP)
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Filing 5
NOTICE TO ATTORNEY Hannah Pfeifler by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (JCP)
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Filing 4
NOTICE TO ATTORNEY Bryan Aylstock by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (JCP)
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Filing 3
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 on 11/13/2019.(JCP)cc: COR
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Conflict Check run. (JCP)
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NOTICE OF MANDATORY ECF DIRECTED TO Mark P. Bryant: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #3 REW Standing Case Management and Referral Order,,,,. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Mark P. Bryant by US Mail with Notice for Attorney to Request E-filing Privileges. (JCP)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Mark P. Bryant: re #3 REW Standing Case Management and Referral Order,,,,. An e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Mark P. Bryant (JCP)
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Filing 1
COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $402; receipt number CKYEDC-5470245), filed by Richard Mosley.(JCP)
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