Abira Medical Laboratories, LLC v. Humana, Inc. et al
| Abira Medical Laboratories, LLC doing business as Genesis Diagnostics |
| Humana, Inc., ABC Companies 1-100 and John Does 1-100 |
| 3:2023cv00462 |
| September 6, 2023 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| Claria Horn Boom |
| Colin H Lindsay |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 27 MOTION to Strike and Substitute #9 Amended Complaint. Document or Part to be Stricken and/or Substituted: Exhibit A - DN 9-1 by Plaintiff Abira Medical Laboratories, LLC (Attachments: #1 Exhibit A to Amended Compl - Revised, #2 Proposed Order granting motion to strike) (Kerrick, Thomas) |
Filing 26
ORDER Signed by Magistrate Judge Colin H. Lindsay on 10/30/2023 granting #19 Motion to Appear Pro Hac Vice for Attorney Jason M. Pfeffer; granting #20 Motion to Appear Pro Hac Vice for Attorney David D. Holahan and granting #21 Motion to Appear Pro Hac Vice for Attorney Joseph B. Fiorenzo. cc: Counsel (KDY)
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| Filing 25 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Humana, Inc.. (Hinkle, Casey) |
| Filing 24 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Humana, Inc.. (Hinkle, Casey) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Humana, Inc. (Attachments: #1 Proposed Order) (Hinkle, Casey) |
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Filing 22
ORDER Signed by Magistrate Judge Colin H. Lindsay on 10/11/2023 granting #13 Motion for Extension of Time to file motion for Pro Hac Vice. Counsel for Plaintiff, Joseph B. Fiorenzo, shall submit his petition to proceed pro hac vice on or before October 17, 2023. cc: Counsel (JM)
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| Filing 21 MOTION for Joseph B. Fiorenzo to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-3898576. by Plaintiff Abira Medical Laboratories, LLC (Attachments: #1 Exhibit A - Cert of Good Standing, #2 Exhibit B - Declaration, #3 Proposed Order Granting Pro Hac Vice Motion) (Kerrick, Thomas) |
| Filing 20 MOTION for David D. Holahan to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-3898538. by Plaintiff Abira Medical Laboratories, LLC (Attachments: #1 Exhibit A - Cert of Good Standing, #2 Exhibit B - Declaration, #3 Proposed Order Granting Pro Hac Vice Motion) (Kerrick, Thomas) |
| Filing 19 MOTION for Jason M. Pfeffer to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-3898534. by Plaintiff Abira Medical Laboratories, LLC (Attachments: #1 Exhibit A - Cert of Good Standing, #2 Exhibit B - Declaration, #3 Proposed Order Granting Pro Hace Vice Motion) (Kerrick, Thomas) |
| Filing 18 TEXT ORDER: The Court grants the parties' proposed agreed order (DN #17 ) extending Humana's deadline to respond to the Complaint and extends Humana's response deadline to 10/27/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM) |
| Filing 17 Proposed Agreed Order Extending Humana, Inc.'s Deadline to Respond to Complaint by Humana, Inc.. (Hinkle, Casey) |
| Filing 16 TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court refers this matter to Magistrate Judge Lindsay for hearing and determining all pretrial matters, including non-dispositive motions. Judge Lindsay may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM) Modified magistrate judge on 10/3/2023 (JM). |
| Filing 15 NOTICE of Filing Proposed Order by Abira Medical Laboratories, LLC re #13 MOTION extension of time to comply with DN 6 re #6 Notice of Deficiency (Attachments: #1 Proposed Order Granting Request) (Kerrick, Thomas) |
| Filing 14 SUMMONS Returned Executed by Abira Medical Laboratories, LLC. Humana, Inc. served on 9/26/2023, answer due 10/17/2023. (Kerrick, Thomas) |
| Filing 13 MOTION extension of time to comply with DN 6 re #6 Notice of Deficiency by Plaintiff Abira Medical Laboratories, LLC (Kerrick, Thomas) (Additional attachment(s) added on 10/3/2023: #1 Proposed Order) (DeW). |
| Filing 12 NOTICE of Filing by Abira Medical Laboratories, LLC (Attachments: #1 Exhibit Cert Mail Return Receipt) (Kerrick, Thomas) |
| Filing 11 Summons Issued as to Humana, Inc.. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JM) |
| Filing 10 NOTICE of Filing Tendered Summons by Abira Medical Laboratories, LLC re #3 Notice (Other) (Attachments: #1 Exhibit Summons) (Kerrick, Thomas) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Abira Medical Laboratories, LLC. (Attachments: #1 Exhibit A - Spreadsheet, #2 Summons Summons) (Kerrick, Thomas) |
| Filing 8 NOTICE of Filing Diversity Statement by Abira Medical Laboratories, LLC re #6 Notice of Deficiency (Attachments: #1 Exhibit Diversity Statement) (Kerrick, Thomas) |
| Filing 7 NOTICE of Filing Corporate Disclosure by Abira Medical Laboratories, LLC re #6 Notice of Deficiency (Attachments: #1 Exhibit Corporate Disclosure) (Kerrick, Thomas) |
| Filing 6 ATTORNEY NOTICE of Deficiency to Joseph B. Piorenzo re #1 Complaint.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 10/2/2023. (KJA) |
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Filing 5
ORDER OF RECUSAL by Judge Claria Horn Boom on 9/8/23: IT IS HEREBY ORDERED that Judge Claria Horn Boom RECUSES from this matter, and the action is hereby REASSIGNED to the docket of the Honorable Benjamin J. Beaton, United States District Judge, for all further proceedings. Counsel are requested to change the civil action number to reflect the initials BJB on all further pleadings. cc: Counsel, CM-BJB (DJT)
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| Filing 4 NOTICE of Deficiency re #1 Complaint. Reason for Deficiency: Rule 7.1(a)(1) Corporate Disclosure Statement and 7.1(a)(2) diversity disclosure statement not filed. Failure to comply will be brought to the attention of the Court. Response due by 9/14/2023. (SRH) |
| Filing 3 NOTICE ON SUMMONS re #1 Complaint. (SRH) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (SRH) |
| Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL filed by Abira Medical Laboratories, LLC. against ABC Companies 1-100, Humana, Inc., and John Does 1-100. Filing fee $402, receipt number AKYWDC-3877109. (Attachments: #1 Cover Sheet) (SRH) |
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