Mekari et al v. Access Restoration Services US, Inc. et al
| Dr. Ammar Mekari, Kingman Holdings, LLC, Mekari Laser Dentistry, LLC and Ammar Mekari |
| Access Restoration Services US, Inc., Global Estimating Services, Inc. and ARS / Global Emergency Management, Inc. |
| 2:2023cv05362 |
| September 18, 2023 |
| US District Court for the Eastern District of Louisiana |
| Nannette Jolivette Brown |
| Donna Phillips Currault |
| Ivan LR Lemelle |
| Janis van Meerveld |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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Filing 33
Minute Entry for proceedings held before Magistrate Judge Michael North: Motion Hearing held on 11/15/2023 re #22 MOTION to Consolidate Cases filed by Ammar Mekari, #18 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) filed by Global Estimating Services, Inc., Access Restoration Services US, Inc. For the reasons stated on the record, IT IS ORDERED that the Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (b)(3) & (b)(6) (rec. doc. 18) and the Motion to Consolidate (rec. doc. 22) are TAKEN UNDER ADVISEMENT. No later than Wednesday, November 22, 2023, each party shall file a five-page brief that addresses whether Ford v. NYLCare Health Plans of the Gulf Coast, 141 F.3d 243 (5th Cir. 1998), impacts this lawsuit and whether and to what extent Plaintiffs' alleged tort claim survives outside the underlying contract between Plaintiffs and Defendants. (Court Reporter Toni Tusa) (cg)
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Filing 32
IT IS ORDERED that the Court will hold oral argument on Plaintiff's Motion to Consolidate (rec. doc. #22 ) on Wednesday, November 15, 2023 at 11:00 a.m. in Courtroom B407, 500 Poydras Street, New Orleans, Louisiana. The parties shall also be prepared to discuss Defendants' Motion to Dismiss (rec. doc. #18 ), should the Court find it necessary. Signed by Magistrate Judge Michael North on 11/13/23.(cg)
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Filing 31
MEMORANDUM in Support filed by Kingman Holdings, LLC, Ammar Mekari, Mekari Laser Dentistry, LLC re #22 MOTION to Consolidate Cases . (cg)
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Filing 30
ORDER granting #28 Motion for Leave to File Reply. Signed by Magistrate Judge Michael North on 11/9/23. (cg)
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Filing 29
ORDER: IT IS HEREBY ORDERED that the #18 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6), #22 MOTION to Consolidate Cases, and #28 MOTION for Leave to File Reply Memorandum are REFERRED to the Honorable U.S. Magistrate Judge Michael B. North, Section "B" of this Court. Signed by Judge Ivan L.R. Lemelle on 11/8/2023.(pp)(NEF:Section 5)
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Filing 28
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Ammar Mekari. (Attachments: #1 Proposed Order, #2 Memorandum in Support)(Poole, John)
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Filing 27
Request/Statement of Oral Argument by All Plaintiffs regarding #22 MOTION to Consolidate Cases , #18 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) (Poole, John)
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Filing 26
Reply Memorandum in Support of #18 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) filed by Access Restoration Services US, Inc., Global Estimating Services, Inc. (pp)
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Filing 25
ORDER GRANTING #23 Motion for Leave to File Reply Memorandum in Support of Motion to Dismiss. Signed by Judge Ivan L.R. Lemelle on 11/1/2023. (pp)
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Filing 24
RESPONSE/MEMORANDUM in Opposition of re #22 MOTION to Consolidate Cases filed by Access Restoration Services US, Inc., Global Estimating Services, Inc. (Lowe, Michael) Modified text on 11/1/2023 (pp).
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Filing 23
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss Pursuant to Fed.R.Civ.Pro.12(B)(1), B(3) & B(6) by Access Restoration Services US, Inc., Global Estimating Services, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Lowe, Michael)
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Filing 22
MOTION to Consolidate Cases by Ammar Mekari. Motion(s) will be submitted on 11/8/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Poole, John)
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Filing 21
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #18 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Poole, John)
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Filing 20
ORDER AND REASONS: IT IS ORDERED Plaintiffs' #4 Motion for Temporary Restraining Order is DENIED. IT IS FURTHER ORDERED that Defendants' #6 ex parte Motion for Leave to File Opposition to Plaintiffs' Motion for Temporary Restraining Order is DISMISSED as MOOT. IT IS FURTHER ORDERED that Plaintiff's #9 Motion to Reassign the Submission Date for its Motion for Preliminary Injunction in the above-captioned matter is DISMISSED as MOOT. Signed by Judge Ivan L.R. Lemelle on 10/13/2023. (pp)
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Filing 19
RESPONSE/MEMORANDUM in Opposition filed by Access Restoration Services US, Inc., Global Estimating Services, Inc. re #7 MOTION for Preliminary Injunction . (Lowe, Michael)
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Filing 18
MOTION to Dismiss Pursuant to FRCP12(b)(1), FRCP12(b)(3), and FRCP12(b)(6) by Access Restoration Services US, Inc., Global Estimating Services, Inc. Motion(s) will be submitted on 10/25/2023. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6)(Lowe, Michael) Modified text on 10/10/2023 (js).
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Filing 17
ORDER: IT IS ORDERED that the #16 Motion is GRANTED, substituting Michael D. Lowe (La. Bar No. 29323) and Blair E. Boyd (La. Bar No. 39410) of Kean Miller, LLP, in place of Brandon T. Darden of Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, LLC, as counsel of record for Defendants in the above-captioned matter. Signed by Judge Ivan L.R. Lemelle on 10/03/2023. (js)
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Filing 16
EXPARTE/CONSENT MOTION to Withdraw Brandon T. Darden as Attorney for Defendants, MOTION to Substitute Attorney. Attorney Michael D. Lowe and Blair E. Boyd to be substituted in place of Brandon T. Darden by Access Restoration Services US, Inc., Global Estimating Services, Inc.. (Attachments: #1 Proposed Order)Attorney Michael D. Lowe added to party Access Restoration Services US, Inc.(pty:dft), Attorney Michael D. Lowe added to party Global Estimating Services, Inc.(pty:dft).(Lowe, Michael)
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Filing 15
First AMENDED COMPLAINT against All Defendants filed by Ammar Mekari, Mekari Laser Dentistry, LLC, Kingman Holdings, LLC.(Poole, John) Modified text/filers on 9/28/2023 (js).
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Filing 14
REPLY to Response to Motion filed by Kingman Holdings, LLC, Ammar Mekari, Mekari Laser Dentistry, LLC re #4 MOTION for Temporary Restraining Order. (js)
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Filing 13
ORDER: IT IS ORDERED that the #11 Motion for Leave to File is GRANTED. The proposed attached memorandum (Rec. Doc. 11-1) shall be filed into the record in the above-captioned matter in support of Plaintiffs' Motion for a Temporary Restraining Order (Rec. Doc. #4 ). Signed by Judge Ivan L.R. Lemelle on 09/26/2023. (js)
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Filing 12
Correction of Docket Entry by Clerk re #11 REPLY to Response. (1) Filing attorney selected incorrect event. Correct event is Motion for Leave to File Document. Clerk took corrective action. (2) Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion. (3) Document contains incorrect Section and Magistrate Judge. All future pleadings must reflect Section B, Judge Ivan L.R. Lemelle and Magistrate 2, Magistrate Judge Donna Phillips Currault. (js)
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Filing 11
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Temporary Restraining Order. (Attachments: #1 Proposed Pleading)(Poole, John) Modified text/event on 9/22/2023 (js). (Additional attachment(s) added on 9/22/2023: #2 Proposed Order) (js).
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Filing 10
RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #4 MOTION for Temporary Restraining Order . (Attachments: #1 Exhibit ARS Contract, #2 Exhibit Report of Preliminary Hearing and Scheduling Order)(Darden, Brandon)
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Filing 9
MOTION for Hearing re #7 MOTION for Preliminary Injunction for the Reassignment of the Submission Date for (Rec. Doc. 7) to October 11, 2023 based on transfer of the action by Ammar Mekari. Motion(s) will be submitted on 10/11/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Poole, John)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Judge Ivan L.R. Lemelle and Magistrate Judge Donna Phillips Currault. Chief Judge Nannette Jolivette Brown, Magistrate Judge Janis van Meerveld no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on September 20, 2023.(mp)
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Filing 7
MOTION for Preliminary Injunction by Ammar Mekari. Motion(s) will be submitted on 10/25/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Poole, John) Modified submission date on 9/20/2023 (js).
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Filing 6
EXPARTE/CONSENT MOTION for Leave to File Opposition to Plaintiffs' Motion for Temporary Restraining Order by Thursday, September 21, 2023 by ARS / Global Emergency Management, Inc., Access Restoration Services US, Inc., Global Estimating Services, Inc.. (Attachments: #1 Proposed Order)Attorney Brandon Taylor Darden added to party ARS / Global Emergency Management, Inc.(pty:dft), Attorney Brandon Taylor Darden added to party Access Restoration Services US, Inc.(pty:dft), Attorney Brandon Taylor Darden added to party Global Estimating Services, Inc.(pty:dft).(Darden, Brandon) Modified text on 9/19/2023 (mp).
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Filing 5
Correction of Docket Entry by Clerk re #4 MOTION for Temporary Restraining Order. 1. ) Filing attorney selected an invalid submission/hearing date. Clerk took corrective action by, instead, changing the docket text to reflect and Exparte motion. (mp)
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Filing 4
EXPARTE/CONSENT MOTION for Temporary Restraining Order by Ammar Mekari. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Poole, John) Modified submission on 9/19/2023 (mp).
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Filing 3
Summons Issued as to ARS / Global Emergency Management, Inc., Access Restoration Services US, Inc., Global Estimating Services, Inc. (Attachments: #1 Summons, #2 Summons)(mp)
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Filing 2
Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Janis van Meerveld. (kls)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ALAEDC-10157881) filed by Dr. Ammar Mekari. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit Attorney Certification, #7 ARS / Global Summons, #8 ARS Summons, #9 GES Summons)Attorney John Reed Poole, Jr added to party Dr. Ammar Mekari(pty:pla).(Poole, John)
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