Michael Dole M D A Professional Medical Corp v. Azar et al
| Michael Dole, MD, A Professional Medical Corporation and Michael Dole M D A Professional Medical Corp |
| Alex M Azar, II, Seema Verma and Alex M Azar |
| 1:2018cv01198 |
| September 11, 2018 |
| US District Court for the Western District of Louisiana |
| Dee D Drell |
| Joseph H L Perez-Montes |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 |
| None |
Docket Report
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| Document Text |
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| Filing 22 NOTICE of Motion Setting regarding: #21 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Putch, A) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim by Alex M Azar, Seema Verma. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (Attachments: #1 Memorandum in Support)(crt,Putch, A) |
Filing 20
ORDER granting #18 Motion for Leave to File Memorandum in Support of Motion to Dismiss in Excess of Page Limitation. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/8/2018. (crt,Putch, A) Modified on 11/9/2018 to capture proper file date (Putch, A).
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| Filing 19 MEMORANDUM in Opposition re #14 MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION for Writ of Mandamus MOTION to Consolidate Case with opposition filed by Alex M Azar, Seema Verma. (aty,King, Karen) |
| Filing 18 MOTION for Leave to File Memorandum in Excess Pages by Alex M Azar, Seema Verma. Motions referred to Joseph H L Perez-Montes. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,King, Karen) Modified on 11/7/2018 to create link to #17 Proposed Pleading (Putch, A). |
| Filing 17 PROPOSED MOTION to Dismiss for Lack of Jurisdiction , PROPOSED MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint for Injunctive Relief and Mandamus regarding #18 Motion for Leave to File Memorandum in Excess Pages by Alex M Azar, Seema Verma. Motions referred to Joseph H L Perez-Montes. (aty,King, Karen) Modified on 11/7/2018 to reflect as proposed pleading to #18 Motion for Leave (Putch, A). |
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Response/Reply re #14 MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION for Writ of Mandamus MOTION to Consolidate Case with opposition . Responses due by 11/6/2018 Replies due by 11/13/2018.. Signed by Judge Dee D Drell on 11/5/2018. (crt,Roaix, G)
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| Motions Transferred regarding #15 JOINT MOTION to Modify Briefing Scheduling Order. Motions referred to Judge Dee D Drell. (crt,Putch, A) |
| Filing 15 JOINT MOTION to Modify Briefing Scheduling Order regarding #14 Motion for Preliminary Injunction and for Permanent Injunction, for Writ of Mandamus and to Consolidate Case with consent by All Parties. Motions referred to Joseph H L Perez-Montes. (Attachments: #1 Proposed order)(Attorney Karen J King added to Alex M Azar and Seema Verma)(aty,King, Karen) Modified on 11/2/2018 to edit text and filers (Putch, A). |
| Set/Reset Deadlines as to #14 MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION for Writ of Mandamus MOTION to Consolidate Case with opposition . Motion day set for 11/16/2018 10:30 AM in Alexandria, 2nd floor before Judge Dee D Drell. (crt,Roaix, G) |
| Filing 14 MOTION for Preliminary Injunction , MOTION for Permanent Injunction , MOTION for Writ of Mandamus , MOTION to Consolidate Case with opposition by Michael Dole M D A Professional Medical Corp. (Attachments: #1 Memorandum / Brief)(aty,Thomas, Jennifer) |
| NOTICE of Corrective Action to Jennifer Jones Thomas on behalf of Michael Dole M D A Professional Medical Corp regarding #13 Affidavit of Service. Action taken: Modified to reflect executed due to Administrative error and to capture answer due date on 10/16/2018. (crt,Bunting, M) |
| Filing 13 Summons Returned Executed - filed as AFFIDAVIT of Service served on David C. Joseph on 9/14/18, answer due 11/13/2018, filed by Michael Dole M D A Professional Medical Corp. (aty,Thomas, Jennifer) Modified to reflect unexecuted on 10/12/2018 (Bunting, M). Modified to reflect executed due to Administrative error and to capture answer due date on 10/16/2018 (Bunting, M). |
| NOTICE of Corrective Action to Jennifer Jones Thomas on behalf of Michael Dole M D A Professional Medical Corp regarding #13 Affidavit of Service. Action taken: Action taken: docket text modified to reflect Summons Returned Unexecuted - Service of the complaint is not considered properly executed (service within the State of Louisiana cannot be effected through certified mail); therefore answer deadline has been terminated and serviced executed date removed. (crt,Bunting, M) |
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Filing 12
ORDER granting #11 Motion to Issue Briefing Order and for Leave to File Reply Memorandum. Plaintiff shall file brief in support for its request for preliminary and permanent injunction and/or relief under the Mandamus Act on or before 10/19/2018. Defendants shall file response on or before 11/2/2018. Plaintiff may file reply on or before 11/9/2018. Signed by Judge Dee D Drell on 10/3/2018. (crt,Putch, A)
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| Filing 11 CONSENT MOTION to Issue Briefing Order, MOTION for Leave to File Reply Memorandum with consent by Michael Dole M D A Professional Medical Corp. Motions referred to Joseph H L Perez-Montes. (Attachments: #1 Proposed order)(aty,Thomas, Jennifer) Modified on 10/3/2018 to edit text (Putch, A). |
| Motions Transferred regarding #11 CONSENT MOTION to Issue Briefing Order, MOTION for Leave to File Reply Memorandum. Motions referred to Judge Dee D Drell. (crt,Putch, A) |
| Filing 10 AFFIDAVIT of Service for Complaint served on Alex Azar (for U S Dept of Health & Human Services) on 09/27/2018, filed by Michael Dole M D A Professional Medical Corp. (aty,Thomas, Jennifer) |
| Filing 9 AFFIDAVIT of Service for Complaint served on Jeff Sessions (for U S Attorney General) on 09/20/18, filed by Michael Dole M D A Professional Medical Corp. (aty,Thomas, Jennifer) Modified on 9/28/2018 to edit text (Putch, A). |
| Filing 8 AFFIDAVIT of Service for Complaint served on Robert P. Charrow (for U S Dept of Health & Human Services) on 09/19/18, filed by Michael Dole M D A Professional Medical Corp. (aty,Thomas, Jennifer) |
| Filing 7 AFFIDAVIT of Service for Summons served on Seema Verma (for Centers for Medicare & Medicaid Services) on 09/17/18, filed by Michael Dole M D A Professional Medical Corp. (aty,Thomas, Jennifer) Modified on 9/21/2018 to capture proper service date as reflected on green card (Putch, A). |
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Filing 6
ORDER re #1 Complaint, filed by Michael Dole M D A Professional Medical Corp. Set Hearing as to #1 Complaint for injunctive relief and mandamus : Hearing set for 11/16/2018 10:30 AM in Alexandria, 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 9/17/2018. (crt,Roaix, G)
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| Filing 5 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 9/13/2018. (jud,Perez-Montes, Joseph) |
| Filing 4 SUMMONS ISSUED as to U S Attorney, U S Attorney General, U S Dept of Health & Human Services, Centers for Medicare & Medicaid Services (crt,Putch, A) |
| CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. (crt,Putch, A) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Michael Dole M D A Professional Medical Corp. (aty,Rodrigue, Linda) Modified on 9/12/2018 to edit text (Putch, A). |
| Filing 2 PROPOSED SUMMONS to be issued as to Alex M Azar, Seema Verma, submitted by Michael Dole M D A Professional Medical Corp. (Attachments: #1 Proposed summons/writ, #2 Proposed summons/writ, #3 Proposed summons/writ, #4 Proposed summons/writ, #5 Proposed summons/writ, #6 Proposed summons/writ)(aty,Rodrigue, Linda) Modified on 9/12/2018 to edit text (Putch, A). |
| Filing 1 COMPLAINT FOR INJUNCTIVE RELIEF AND MANDAMUS against Alex M Azar, Seema Verma (Filing fee $400, receipt number 0536-3750594) filed by Michael Dole M D A Professional Medical Corp. (Attachments: #1 Civil cover sheet)(Attorney Linda G Rodrigue added to party Michael Dole M D A Professional Medical Corp(pty:pla))(aty,Rodrigue, Linda) Modified on 9/12/2018 to edit text (Putch, A). |
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