McDonald et al v. DNA Diagnostics Center, Inc. et al

Justia Dockets & Filings Sixth Circuit Kentucky Western District McDonald et al v. DNA Diagnostics Center, Inc. et al

McDonald et al v. DNA Diagnostics Center, Inc. et al

Plaintiff:	Jordyn R. McDonald
Defendant:	Cicily Muhammad, DNA Diagnostics Center, Inc. and Natera, Inc.
Case Number:	3:2020cv00391
Filed:	June 4, 2020
Court:	US District Court for the Western District of Kentucky
Presiding Judge:	Charles R Simpson
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1446
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 7, 2021	Filing 65 MOTION Clarification or alternatively to amend pursuant to Fed. R. Civ Pro. 59 re #64 Order on Motion for Judgment on the Pleadings,,,,, Order on Motion to Amend/Correct,,,,,,,,,, Order on Motion to Supplement,,,,, Order on Motion for Sanctions,,,,,,,,, by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
August 23, 2021	Filing 64 ORDER Signed by Senior Judge Charles R. Simpson, III on 8/20/2021, granting #43 - Motion for Judgment on the Pleadings; denying #44 - Second Motion to Amend/Correct Complaint; granting #46 - Motion for Judgment on the Pleadings; denying #53 - Motion to Supplement; granting #56 - Motion for Sanctions, by DNA Diagnostics Center, Inc.; granting #57 - Motion for Sanctions, Defendant Natera. The action is DISMISSED WITH PREJUDICE. There being no just reason for delay in its entry, this is a final and appealable order. As sanctions, Plaintiff's counsel, Jeffrey A. Sexton, is ordered to pay the amount of $250 to each Defendant, DNA Diagnostics Center, Inc. and Natera, Inc., totaling $500. Mr. Sexton must pay said sanctions to Defendants' through their counsel of record no later than 14 days after the issuance of this order unless it is beyond his financial ability to comply with this order of sanctions, in which case he must submit to the Court within 14 days financial documents establishing such inability to pay. cc: Counsel (SRH)
August 20, 2021	Filing 63 MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 8/20/2021 re #43 - MOTION for Judgment on the Pleadings, #46 - MOTION for Judgment on the Pleadings, #57 - MOTION for Sanctions, #44 - Second MOTION to Amend/Correct Complaint, #53 - MOTION to Supplement re #44 Motion to Amend/Correct, #49 Response to Motion, #50 Response to Motion, and #56 - MOTION for Sanctions. These motions will be ruled on by separate order. cc: counsel (SRH) Modified docket text on 8/20/2021 (SRH).
August 11, 2021	Filing 62 REPLY to Response to Motion re #57 MOTION for Sanctions filed by Natera, Inc.. (Jackson, Jennifer) Modified docket text on 8/11/2021 (SRH).
August 10, 2021	Filing 61 REPLY to Response to Motion re #56 MOTION for Sanctions filed by DNA Diagnostics Center, Inc., Cicily Muhammad. (Lowery, Steven)
July 28, 2021	Filing 60 RESPONSE to Motion re #57 MOTION for Sanctions filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Sexton, Jeffrey)
July 27, 2021	Filing 59 REPLY to Response to Motion re #44 Second MOTION to Amend/Correct Complaint filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Attachments: #1 Exhibit Birth Certificate, #2 Exhibit Mother and child) (Sexton, Jeffrey)
July 27, 2021	Filing 58 RESPONSE to Motion re #56 MOTION for Sanctions filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Sexton, Jeffrey)
July 26, 2021	Filing 57 MOTION for Sanctions by Defendant Natera, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Jackson, Jennifer)
July 20, 2021	Filing 56 MOTION for Sanctions by Defendants DNA Diagnostics Center, Inc., Cicily Muhammad (Attachments: #1 Exhibit A - Safe Harbor Letter, #2 Exhibit B - Enclosed Motion, #3 Exhibit C - Email to PC Sexton, #4 Proposed Order) (Lowery, Steven)
July 19, 2021	Filing 55 RESPONSE to Motion re #53 MOTION to Supplement re #44 Motion to Amend/Correct,, #49 Response to Motion, #50 Response to Motion filed by DNA Diagnostics Center, Inc.. (Attachments: #1 Proposed Order) (Lowery, Steven)
July 19, 2021	Filing 54 RESPONSE to Motion re #53 MOTION to Supplement re #44 Motion to Amend/Correct,, #49 Response to Motion, #50 Response to Motion filed by Natera, Inc.. (Browning, Carol)
June 28, 2021	Filing 53 MOTION to Supplement re #44 Motion to Amend/Correct,, #49 Response to Motion, #50 Response to Motion by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Exhibit Letter from Steven Lowery, #2 Exhibit Letter from Carol Browning, #3 Exhibit First Amended Complaint, #4 Exhibit First Amended Complaint Exhibit 3-1, #5 Exhibit First Amended Complaint Exhibit 3-2, #6 Exhibit First Amended Complaint Exhibit 3-3, #7 Exhibit First Amended Complaint Exhibit 3-4, #8 Exhibit First Amended Complaint Exhibit 3-5, #9 Exhibit First Amended Complaint Exhibit 3-6, #10 Exhibit First Amended Complaint Exhibit 3-7, #11 Exhibit First Amended Complaint Exhibit 3-8, #12 Exhibit Birth Certificate) (Sexton, Jeffrey) (Additional attachment(s) added on 6/29/2021: #13 Proposed Order) (SRH).
June 15, 2021	Filing 52 REPLY to Response to Motion re #46 MOTION for Judgment on the Pleadings filed by Natera, Inc.. (Browning, Carol)
June 14, 2021	Filing 51 REPLY re #49 Response to Motion, #44 Second MOTION to Amend/Correct Complaint, #50 Response to Motion , REPLY to Response to Motion filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Sexton, Jeffrey)
June 4, 2021	Filing 50 RESPONSE to Motion re #44 Second MOTION to Amend/Correct Complaint filed by Natera, Inc.. (Browning, Carol)
June 4, 2021	Filing 49 RESPONSE to Motion re #44 Second MOTION to Amend/Correct Complaint filed by DNA Diagnostics Center, Inc., Cicily Muhammad. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Lowery, Steven)
June 1, 2021	Filing 48 REPLY to Response to Motion re #43 MOTION for Judgment on the Pleadings filed by DNA Diagnostics Center, Inc., Cicily Muhammad. (Lowery, Steven)
June 1, 2021	Filing 47 RESPONSE to Motion re #46 MOTION for Judgment on the Pleadings , #44 Second MOTION to Amend/Correct Complaint filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Attachments: #1 Exhibit Document #44, part 1, #2 Exhibit Document #44, part 2, #3 Exhibit proof of contract) (Sexton, Jeffrey)
May 26, 2021	Filing 46 MOTION for Judgment on the Pleadings by Defendant Natera, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Browning, Carol)
May 18, 2021	Filing 45 RESPONSE to Motion re #43 MOTION for Judgment on the Pleadings filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Attachments: #1 Exhibit PART 1 DOC #44, #2 Exhibit PART 2 DOC #44, #3 Exhibit PROOF OF CONTRACT) (Sexton, Jeffrey)
May 14, 2021	Filing 44 Second MOTION to Amend/Correct Complaint by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order, #2 Exhibit Amended Complaint, #3 Exhibit Prenatal Paternity Testing, #4 Exhibit DNA Test Report, #5 Exhibit DNA Test Report, #6 Exhibit Contract Search, #7 Exhibit How to Read Your DNA Test Results, #8 Exhibit Debunking Paternity Test Myths, #9 Exhibit 3 Crucial Reasons to Establish Paternity RIGHT AWAY, #10 Exhibit 10 Reasons Someone Would Want a Sole Custody Agreement) (Sexton, Jeffrey)
May 7, 2021	Filing 43 MOTION for Judgment on the Pleadings by Defendants DNA Diagnostics Center, Inc., Cicily Muhammad, Natera, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Lowery, Steven)
April 30, 2021	Filing 42 ORDER Signed by Senior Judge Charles R. Simpson, III on 4/28/2021 denying Plaintiffs' #37 Renewed Motion to Amend. cc: Counsel (SRH)
April 30, 2021	Filing 41 MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 4/28/2021 re #37 RENEWED MOTION to Amend. Plaintiffs' motion to amend will be denied by separate order. cc: counsel (SRH)
February 11, 2021	Filing 40 REPLY to Response to Motion re #37 RENEWED MOTION to Amend filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Attachments: #1 Exhibit Internet web pages, #2 Exhibit Internet web pages) (Sexton, Jeffrey)
January 29, 2021	Filing 39 RESPONSE to Motion re #37 RENEWED MOTION to Amend filed by Natera, Inc.. (Browning, Carol)
January 29, 2021	Filing 38 RESPONSE to Motion re #37 RENEWED MOTION to Amend Complaint filed by DNA Diagnostics Center, Inc., Cicily Muhammad. (Lowery, Steven)
January 8, 2021	Filing 37 RENEWED MOTION to Amend by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order, #2 Exhibit) (Sexton, Jeffrey)
October 30, 2020	Filing 36 ORDER Signed by Senior Judge Charles R. Simpson, III on 10/30/2020: The motion of the Defendant DNA Diagnostics Center, Inc., DN #24 , to join Natera's response in opposition to Plaintiffs' motion to amend is GRANTED. cc: Counsel (JM)
October 30, 2020	Filing 35 ORDER Signed by Senior Judge Charles R. Simpson, III on 10/30/2020 denying as moot #8 Motion for Judgment on the Pleadings; granting #15 Motion to Voluntarily Dismiss Count II of Plaintiff's original complaint. cc: Counsel (JM)
October 30, 2020	Filing 34 ORDER Signed by Senior Judge Charles R. Simpson, III on 10/30/20 denying #12 Motion to grant Plaintiffs' Motion for Rule 12(c) judgment on the pleadings due to lack of timely response. cc: Counsel(JM)
October 30, 2020	Filing 33 ORDER Signed by Senior Judge Charles R. Simpson, III on 10/30/2020 denying #13 Motion to Amend Complaint. cc: Counsel (JM)
October 30, 2020	Filing 32 MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 10/30/2020: Plaintiff's motion to amend #13 will be denied by separate order. cc: counsel (JM)
October 30, 2020	Filing 31 ORDER Signed by Senior Judge Charles R. Simpson, III on 10/29/2020 denying #7 Motion for Judgment on the Pleadings. cc: Counsel(JM)
October 30, 2020	Filing 30 MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 10/29/2020: Plaintiff's motion for judgment on the pleadings #7 will be denied by separate order. cc: counsel (JM)
September 18, 2020	NOTICE OF DOCKET CORRECTION re 28 Reply to Response to Motion: Efiler selected incorrect ECF event. Correct event is Response to Motion. This pleading has been refiled by the Clerk. Please see DN #29 for reviewing. (DLW)
September 17, 2020	Filing 29 RESPONSE to Motion re #24 MOTION to join Natera's response in opposition to motion to amend filed by Jordyn R. McDonald (as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald (Individually). (*NOTE: This Response was originally efiled incorrectly at DN 28 and has been refiled by the Clerk for reporting purposes.) (Attachments: #1 Exhibit) (DLW)
September 17, 2020	Filing 28 ERROR: Efiler used incorrect event. This Response has been refiled by the Clerk. Please see DN #29 for reviewing. (DLW)
September 17, 2020	Filing 27 REPLY to Response to Motion re #13 MOTION to Amend/Correct COMPLAINT CORRECTED filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Attachments: #1 Exhibit Law review article) (Sexton, Jeffrey)
September 17, 2020	Filing 26 MOTION to Withdraw #23 Reply to Response to Motion, by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
September 14, 2020	Filing 25 NOTICE Filing Proposed Order by DNA Diagnostics Center, Inc. re #24 MOTION to join Natera's response in opposition to motion to amend (Attachments: #1 Proposed Order) (Lowery, Steven)
September 10, 2020	Filing 24 MOTION to join Natera's response in opposition to motion to amend by Defendant DNA Diagnostics Center, Inc. (Lowery, Steven) (Additional attachment(s) added on 9/14/2020: #1 Proposed Order) (DLW).
September 8, 2020	Filing 23 REPLY to Response to Motion re #7 MOTION for Judgment on the Pleadings filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Attachments: #1 Exhibit Case Law) (Sexton, Jeffrey)
August 28, 2020	Filing 22 RESPONSE to Motion re #13 MOTION to Amend/Correct COMPLAINT filed by Natera, Inc.. (Browning, Carol)
August 26, 2020	Filing 21 ORDER signed by Senior Judge Charles R. Simpson III on 8/25/2020; Granting #19 Motion to Withdraw - Andrew C. Pettijohn as Attorney for Natera, Inc.. cc: Counsel (ALS)
August 24, 2020	Filing 20 NOTICE of Appearance by Steven B. Lowery on behalf of DNA Diagnostics Center, Inc., and Cicily Muhammad (Lowery, Steven) Modified on 8/27/2020: added party - DNA Diagnostics (RLK).
August 24, 2020	Filing 19 MOTION to Withdraw - Andrew C. Pettijohn as Attorney for Natera. (Continue to receive notice:Yes) by Defendant Natera, Inc. (Attachments: #1 Exhibit Affidavit, #2 Proposed Order) (Pettijohn, Andrew) Modified docket text on 8/26/2020 (ALS).
August 21, 2020	Filing 18 RESPONSE to Motion re #7 MOTION for Judgment on the Pleadings filed by DNA Diagnostics Center, Inc., Cicily Muhammad. (Attachments: #1 Proposed Order) (Pettijohn, Andrew)
August 14, 2020	Filing 17 ORDER GRANTING MOTION TO EXTEND signed by Senior Judge Charles R. Simpson III on 8/13/2020; Granting #11 Motion for Extension of Time to File Response/Reply. Plaintiff shall have up to and including August 10, 2020, within which to file its reply in support of its Motion for Rule 12(c) Judgment on the Pleadings (DN #7 ).2. Plaintiff shall have up to and including August 10, 2020, within which to file its response to Defendant Natera, Inc's, Motion for Judgement on the Pleadings (DN #8 ). cc: Counsel (ALS)
August 10, 2020	Filing 16 REPLY to Response to Motion re #7 MOTION for Judgment on the Pleadings filed by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Sexton, Jeffrey)
August 10, 2020	Filing 15 MOTION to Dismiss count II of original complaint by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
August 10, 2020	Filing 14 ATTACHMENT(s) exhibits to Amended Complaint re #13 Motion to Amend/Correct (Attachments: #1 Exhibit, #2 Exhibit) by Jordyn R. McDonald(as Parent and Statutory Guardian on Behalf of T.A., minor), Jordyn R. McDonald(Individually). (Sexton, Jeffrey)
August 10, 2020	Filing 13 MOTION to Amend/Correct COMPLAINT by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order, #2 Exhibit) (Sexton, Jeffrey)
July 23, 2020	Filing 12 MOTION to Grant Plaintiff's Motion for Rule 12 (C) re #7 MOTION for Judgment on the Pleadings by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
July 23, 2020	Filing 11 MOTION for Extension of Time to File Reply as to #9 Response to Motion re #8 MOTION for Judgment on the Pleadings by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
July 23, 2020	Filing 10 RESPONSE to Motion re #7 MOTION for Judgment on the Pleadings Defs' Response in Opposition to Plfs' Motion for Judgement on the Pleadings filed by DNA Diagnostics Center, Inc., Cicily Muhammad. (Attachments: #1 Proposed Order) (Pettijohn, Andrew)
July 22, 2020	Filing 9 RESPONSE to Motion re #7 MOTION for Judgment on the Pleadings filed by Natera, Inc.. (Attachments: #1 Exhibit 1 - Unpublished Case Law) (Browning, Carol)
July 22, 2020	Filing 8 MOTION for Judgment on the Pleadings by Defendant Natera, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Unpublished Case Law, #3 Proposed Order) (Browning, Carol)
July 1, 2020	Filing 7 MOTION for Judgment on the Pleadings by Plaintiffs Jordyn R. McDonald, Jordyn R. McDonald (Attachments: #1 Proposed Order) (Sexton, Jeffrey)
June 22, 2020	Filing 6 NOTICE of Appearance by Carol D. Browning on behalf of Natera, Inc. (Browning, Carol)
June 5, 2020	Filing 5 NOTICE of Filing Civil Cover Sheet by DNA Diagnostics Center, Inc., Cicily Muhammad, Natera, Inc. re #1 Notice of Removal, (Attachments: #1 Cover Sheet) (Pettijohn, Andrew)
June 5, 2020	Filing 4 ANSWER to Complaint with Jury Demand by DNA Diagnostics Center, Inc., Cicily Muhammad, Natera, Inc.. (Pettijohn, Andrew)
June 5, 2020	Filing 3 CLERK'S NOTICE TO COUNSEL re #1 Notice of Removal from Jefferson Circuit Court, Civil Action No. 20-CI-2699. cc: Counsel; Jefferson Circuit Court (JWM)
June 4, 2020	Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. (JWM)
June 4, 2020	Filing 1 NOTICE OF REMOVAL by DNA Diagnostics Center, Inc., Natera, Inc., Cicily Muhammad, from Jefferson Circuit Court, case number 20-CI-2699. ( Filing fee $ 400, Receipt Number 0644-3115011 ) (Attachments: #1 Exhibit Circuit Court Pleadings, #2 Exhibit DNA Diagnostic Annual Report, #3 Exhibit Natera Inc. Annual Report, #4 Exhibit Muhammad EDL Redacted) (JWM) (Additional attachment(s) added on 6/5/2020: #5 Cover Sheet) (JM).

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Search for this case: McDonald et al v. DNA Diagnostics Center, Inc. et al
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Defendant: Cicily Muhammad
Represented By:	Andrew C. Pettijohn
Represented By:	Steven B. Lowery
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Defendant: DNA Diagnostics Center, Inc.
Represented By:	Andrew C. Pettijohn
Represented By:	Steven B. Lowery
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Defendant: Natera, Inc.
Represented By:	Andrew C. Pettijohn
Represented By:	Carol D. Browning
Represented By:	Jennifer H. Jackson
Represented By:	Steven B. Lowery
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Plaintiff: Jordyn R. McDonald
Represented By:	Jeffrey A. Sexton
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