Jolla et al v. Acadia Health, LLC
| Latris Jolla and Carliyah Bracken |
| Acadia Health, LLC d/b/a Just Kids Dental and Acadia Health, LLC doing business as Just Kids Dental |
| Steven Rhodes |
| 3:2023cv01370 |
| September 26, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Plaintiff |
Docket Report
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Filing 27
ORDER granting #25 Stipulated MOTION for Extension of Time to File Responsive Pleadings for good cause shown. Acadia Health, LLC responsive pleadings due 12/11/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 11/21/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #26 MOTION to Withdraw Counsel of Record, #25 MOTION for Extension of Time to file responsive pleadings. This motion is now pending before the USMJ. (ELW) |
| Filing 26 MOTION to Withdraw Counsel of Record by Acadia Health, LLC (Thomas, Jennifer) |
| Filing 25 Stipulated MOTION for Extension of Time to File Responsive Pleadings by Acadia Health, LLC (Attachments: #1 Proposed Pleading; Order)(Zotti, Nicholas) Modified to edit text on 11/21/2023 (BLR). |
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Filing 24
ORDER granting #23 Motion to Enroll Additional Counsel. Added attorneys Nicholas O. Zotti and Kevin J. Webb for Acadia Health, LLC. Signed by Magistrate Judge Erin Wilder-Doomes on 11/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #23 Ex Parte MOTION to Enroll as Additional Counsel Nicholas O. Zotti and Kevin J. Webb as Additional Attorney for Acadia Health, LLC d/b/a Just Kids Dental. This motion is now pending before the USMJ. (BLR) |
| Filing 23 Ex Parte MOTION to Enroll Nicholas O. Zotti and Kevin J. Webb as Additional Attorney for Acadia Health, LLC d/b/a Just Kids Dental by Acadia Health, LLC (Attachments: #1 Proposed Pleading; Order)(Zotti, Nicholas) |
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Filing 22
ORDER of CONSOLIDATION : Civil Action No. 23-1498-SDD-EWD, Steven Rhodes, et al.v. Acadia Health, LLC, d/b/a Just Kids Dental is CONSOLIDATED WITH Civil Action No. 23-1370-SDD-EWD, Latris Jolla, et al. v. Acadia Health, LLC, d/b/a Just Kids Dental for purposes. Counsel shall review Local Rule l0(b) for procedure governing consolidated cases.. Signed by Chief Judge Shelly D. Dick on 11/08/2023. (ELW)
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| Filing 21 Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 11/8/2023. The purpose of the conference was to discuss consolidation of this matter with Steven Rhodes, et al. v. Acadia Health, LLC, d/b/a Just Kids Dental, which is also pending in this Court before the same judges, and which asserts claims against the same defendant with similarly defined proposed classes. Counsel for all parties agreed that consolidation of the two cases would promote efficiency in case administration. Consolidation will be recommended to the District Judge. (BLR) |
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Filing 20
ORDER denying #19 Ex Parte Motion to Enroll as Additional Counsel for failure to comply with Local Civil Rule 83(b)(14). Signed by Magistrate Judge Erin Wilder-Doomes on 11/8/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #19 Ex Parte MOTION to Enroll Nicholas O. Zotti as Additional Attorney and Kevin J. Webb as Additional Attorney. This motion is now pending before the USMJ. (ELW) |
| Filing 19 Ex Parte MOTION to Enroll Nicholas O. Zotti as Additional Attorney and Kevin J. Webb as Additional Attorney by Acadia Health, LLC (Attachments: #1 Proposed Pleading; Order)(Zotti, Nicholas) |
| Filing 18 NOTICE OF TELEPHONE CONFERENCE: A telephone conference is set for November 8, 2023 at 11:00 AM before Magistrate Judge Erin Wilder-Doomes to discuss case status. Counsel participating in the Conference shall call 225-372-6199 using phone conference ID 194727947 five minutes prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
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Filing 17
ORDER granting #15 and #16 Motions for Danielle L. Perry and Lisa A. White to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 10/24/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #15 MOTION for Danielle L. Perry to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2655217), #16 MOTION for Lisa A. White to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2655218). This motion is now pending before the USMJ. (ELW) |
| Filing 16 MOTION for Lisa A. White to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2655218) by Carliyah Bracken, Latris Jolla (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration, #3 Attachment Proposed Order)(Lambert, Matthew) |
| Filing 15 MOTION for Danielle L. Perry to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2655217) by Carliyah Bracken, Latris Jolla (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration, #3 Attachment Proposed Order)(Lambert, Matthew) |
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Filing 14
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/4/2024 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/21/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 10/17/2023. (BLR)
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Filing 13
ORDER granting for good cause shown the #12 Acadia Health LLC d/b/a/ Just Kids Dental's Stipulated Motion for Extension of Time to File Responsive Pleadings. Defendant Acadia Health, LLC's responsive pleadings to the #1 Complaint, #10 Amended Complaint due 11/20/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 10/16/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 12 MOTION for Extension of Time to File Answer by Acadia Health, LLC (Attachments: #1 Order)(Thomas, Jennifer) |
| MOTION(S) REFERRED: #12 MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (LLH) |
| Filing 11 AFFIDAVIT of service of Summons regarding #1 Complaint, by Carliyah Bracken, Latris Jolla. (Lambert, Matthew) Modified on 10/13/2023 to edit text (ELW). |
| Filing 10 AMENDED Class Action Petition against Acadia Health, LLC, filed by Latris Jolla, Carliyah Bracken. (Attachments: #1 Exhibit A - Jolla Notice Letter, #2 Exhibit B - US Government Accountability Office Recommendations)(LLH) |
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Filing 9
NOTICE AND ORDER: IT IS ORDERED that the #8 Plaintiffs' Motion for Leave to Amend Complaint filed by Plaintiffs Latris Jolla and Carliyah Bracken is HEREBY GRANTED, as it complies with the Courts 7 Order and clarifies the citizenship allegations of Defendant Acadia Health, LLC, d/b/a Just Kids Dental and also alleges that two putative plaintiffs are citizens of Massachusetts and Maine. R. Doc. 8-1, paragraph 24. Accordingly, the Clerk of Court is directed to docket Plaintiffs' Amended Class Action Complaint for Damages and Injunctive Relief at R. Doc. 8-1, and exhibits attached thereto at R. Docs. 8-2 and 8-3, into the record of this matter, which shall become the operative Complaint of Plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 10/11/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #8 MOTION to Amend #1 Complaint, . This motion is now pending before the USMJ. (ELW) |
| Filing 8 MOTION to Amend #1 Complaint, by Carliyah Bracken, Latris Jolla (Attachments: #1 Proposed Pleading; Amended Complaint, #2 Exhibit A - Jolla Notice Letter, #3 Exhibit B - US Government Accountability Office Recommendations, #4 Proposed Pleading; Proposed Order)(Lambert, Matthew) |
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Filing 7
NOTICE AND ORDER: Plaintiffs Latris Jolla and Carliyah Bracken filed their Complaint on September 26, 2023 alleging that this Court's jurisdiction arises under the Class Action Fairness Act ("CAFA"), 28 U.S.C. 1332(d). The CAFA requirements of a class of more than 100 members and an amount in controversy that exceeds $5 million are adequately pleaded. R. Doc. 1, paragraphs 4, 27. CAFA only requires minimal diversity, and the Louisiana citizenship of the Plaintiffs has been adequately pleaded. R. Doc. 1, paragraphs 22-23. Under CAFA, an unincorporated association shall be deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized. 28 U.S.C. 1332(d)(10). The Complaint alleges that Defendant "Acadia Health LLC, d/b/a Just Kids Dental is a limited liability company, organized under the laws of Delaware. It is registered with the State of Louisiana as a non-Louisiana LLC with its principal business office in Louisiana located at." R. Doc. 1, para. 24. If this allegation is intended to convey that Defendants principal place of business is in Louisiana, minimal diversity is not present, although the allegation is unclear as to whether Louisiana is Defendant's overall principal place of business. Accordingly, on or before October 6, 2023, Plaintiffs shall file either: (1) a motion for leave with a comprehensive amended complaint attached that clarifies their citizenship allegations as to Defendant, if minimal diversity exists, or (2) if Plaintiffs agree that minimal diversity does not exist, a Fed. R. Civ. Pro. 41(a)(1)(A) notice of voluntary dismissal. Signed by Magistrate Judge Erin Wilder-Doomes on 10/2/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 6 Certificate of Interested Persons by Carliyah Bracken, Latris Jolla identifying Affiliate/Interested Person M Palmer Lambert, Affiliate/Interested Person Latris Jolla, Affiliate/Interested Person Carliyah Bracken, Affiliate/Interested Person Gary E. Mason, Affiliate/Interested Person Danielle L. Perry, Affiliate/Interested Person Acadia Health, LLC d/b/a Just Kids Dental, Affiliate/Interested Person Putative Class Members, Affiliate/Interested Person Lisa A. White for Carliyah Bracken, Latris Jolla. (Lambert, Matthew) |
| Filing 5 Exhibit(s) to #1 Complaint, by Carliyah Bracken, Latris Jolla. (Attachments: #1 Exhibit A - Jolla Notice Letter, #2 Exhibit B - US Government Accountability Office Recommendations)(Lambert, Matthew) |
| Filing 4 Summons Issued as to Acadia Health, LLC d/b/a Just Kids Dental. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) |
| Filing 3 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Complaint. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. OR Failure to add all listed interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (ELW) |
| Filing 2 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Complaint,. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (ELW) |
| Filing 1 COMPLAINT for Damages and Injunctive Relief against Acadia Health, LLC d/b/a Just Kids Dental ( Filing fee $ 402 receipt number ALAMDC-2642806.), filed by Latris Jolla, Carliyah Bracken. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Summons)(Lambert, Matthew) |
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