Premier Medicine L L C et al v. U S Dept of Justice et al
| Patrick H Deere, M.D., Premier Medicine, LLC, Patrick H Deere and Premier Medicine L L C |
| Louisiana State Board of Medical Examiners, United States Department of Justice, Drug Enforcement Administration, Bradford L Byerley, Theresa A Bass and U S Dept of Justice |
| 5:2019cv01352 |
| October 16, 2019 |
| US District Court for the Western District of Louisiana |
| Elizabeth E Foote |
| Karen L Hayes |
| Mark L Hornsby |
| Other Statutory Actions |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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| Filing 27 JUDGMENT granting #16 Motion to Dismiss for Lack of Jurisdiction; granting #18 Motion to Amend/Correct. Plaintiffs' claims against the DEA, Bass in her official capacity and Byerly in his official capacity are DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiffs' Louisiana constitutional due process claims are DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiffs' claims against Bass and Byerly in their individual capacities are DISMISSED with prejudice for failure to state a claim. Signed by Judge Elizabeth E Foote on 1/20/2021. (crt,Keifer, K) |
| Filing 26 MEMORANDUM RULING re #16 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim filed by U S Dept of Justice, Theresa A Bass, Bradford L Byerley and #18 MOTION to Amend/Correct filed by Premier Medicine L L C. Signed by Judge Elizabeth E Foote on 1/20/2021. (crt,Keifer, K) |
| Filing 25 REPLY to Response to Motion re #16 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim filed by Theresa A Bass, Bradford L Byerley, U S Dept of Justice. (aty,King, Karen) |
| Filing 24 ELECTRONIC MINUTE ENTRY issued by the Clerk. In accordance with Standing Order 1.62, this matter is hereby reassigned. Case reassigned to Magistrate Judge Karen L Hayes. Magistrate Judge Mark L Hornsby no longer assigned to case. All future filings should bear the name of the new judge assignment.(crt,Whidden, C) |
| Filing 23 MEMORANDUM in Opposition re #18 First MOTION to Amend/Correct Amended Complaint, with consent sought but not yet obtained filed by Theresa A Bass, Bradford L Byerley, U S Dept of Justice. (aty,King, Karen) |
| Motion Transferred regarding #18 MOTION to Amend/Correct Amended Complaint, with consent sought but not yet obtained. Motion regarding #16 Motion to Dismiss referred to Judge Elizabeth E Foote per chambers. (crt,Keifer, K) |
Filing 22
ORDER OF RECUSAL. Referred to Chief Judge for reassignment. Signed by Magistrate Judge Mark L Hornsby on 5/5/2020. (crt,Dauterive, C)
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| Filing 21 PROPOSED ORDER/JUDGMENT by Premier Medicine L L C re #18 Motion to Amend/Correct,. (aty,Lawrence, Howard) |
| Filing 20 NOTICE of Deficiency to Howard Lyn Lawrence, Jr on behalf of Patrick H Deere and Premier Medicine L L C regarding #18 First MOTION to Amend/Correct Amended Complaint, with consent sought but not yet obtained. Reason: no proposed order accompanied this motion. (crt,Dauterive, C) |
| Reset Motion Ripe Deadline for 5/5/2020 as to #18 First MOTION to Amend/Correct Amended Complaint. (crt,Dauterive, C) |
| Filing 19 RESPONSE to Motion re #16 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim filed by Premier Medicine L L C. (aty,Lawrence, Howard) |
| Filing 18 First MOTION to Amend/Correct Amended Complaint, with consent sought but not yet obtained by Premier Medicine L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/4/2020. (Attachments: #1 Proposed Amended Complaint)(aty,Lawrence, Howard) Modified on 5/5/2020 to reflect deficient status (Dauterive, C). Modified on 5/5/2020 to remove deficient status, see #21 Proposed Order (Dauterive, C). |
| Filing 17 NOTICE of Motion Setting regarding: #16 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge Elizabeth E Foote. (crt,Dauterive, C) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim by Theresa A Bass, Bradford L Byerley, U S Dept of Justice. (Attachments: #1 Memorandum / Brief)(aty,King, Karen) Modified on 4/14/2020 to edit text (Dauterive, C). |
| Filing 15 SUMMONS ISSUED as to U S Attorney, U S Attorney General, U S Drug Enforcement Administration. (crt,Whidden, C) |
| REQUEST FOR ISSUANCE OF SUMMONS as to U S Dept of Justice, requested by Patrick H Deere. (aty,Lawrence, Howard) |
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Filing 14
ORDER denying as moot #7 Motion to Seal Attached Document; granting #11 Joint/Voluntary Motion to Dismiss Louisiana State Board of Medical Examiners without prejudice. Signed by Judge Elizabeth E Foote on 12/13/2019. (crt,Keifer, K)
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| Filing 13 LETTER dated 12/12/2019 from State of Louisiana to Honorable Judge Foote regarding motion to dismiss. (crt,Keifer, K) |
| Filing 12 MINUTE ENTRY: Defendants shall have until 12/16/2019 to inform the Court if they wish to be voluntarily dismissed without prejudice or if they oppose the Plaintiffs' motion to voluntarily dismiss and wish to have their motion to dismiss with prejudice adjudicated on the merits. Signed by Judge Elizabeth E Foote on 12/5/2019. (crt,Keifer, K) |
| Filing 11 JOINT/VOLUNTARY MOTION to Dismiss Without Prejudice by Patrick H Deere, Premier Medicine L L C. (Attachments: #1 Proposed order Order)(aty,Lawrence, Howard) Modified on 12/2/2019 to change motion event and edit text (Williams, L). |
| Filing 10 ELECTRONIC MINUTE ENTRY: Plaintiff has until 12/3/2019 to respond to Defendant's #9 Memorandum in Support of #7 Motion to Seal. Signed by Judge Elizabeth E Foote on 11/21/2019. (crt,Keifer, K) |
| Filing 9 SEALED Memorandum in Support by Louisiana State Board of Medical Examiners. Motions referred to Mark L Hornsby. (aty,Brotherton-Todd, Amanda) Modified on 11/21/2019 to more accurately reflect submission and to termination motion event(Williams, L). |
| Filing 8 MINUTE ENTRY re #7 MOTION to Seal Attached Document filed by Louisiana State Board of Medical Examiners: The Court is inclined to deny the Board's Motion to Seal but will allow the Board until November 21, 2019 to identify for the Court specific information in the proposed filing that must be kept confidential and the specific language of the statute that requires such confidentiality. Signed by Judge Elizabeth E Foote on 11/15/2019. (crt,Williams, L) |
| Set/Reset Deadlines: Compliance Deadline set for 11/21/2019. (crt,Williams, L) |
| Filing 7 MOTION to Seal Attached Document by Louisiana State Board of Medical Examiners. Motions referred to Mark L Hornsby. (Attachments: #1 Proposed Order on Motion to Seal, #2 Proposed SEALED Motion to Dismiss, #3 Proposed SEALED Memorandum in Support of Motion to Dismiss, #4 Proposed SEALED Exhibit 1, #5 Proposed Order on Motion to Dismiss)(aty,Brotherton-Todd, Amanda) Modified on 11/13/2019 to edit text and correct motion event (Dauterive, C). |
| Motions Transferred regarding #7 MOTION to Seal Attached Document. Motions referred to Judge Elizabeth E Foote. (crt,Dauterive, C) |
| STATE COURT Service Returned Executed. Theresa A Bass answer due 10/25/2019. ADMINISTRATIVE ENTRY, see pdf document, Attachment #1 to #6 Response to Removal Order. Louisiana State Board of Medical Examiners answer due 11/13/2019, see #5 Order granting Motion for Extension of Time to File Answer. (crt,Dauterive, C) |
| Filing 6 RESPONSE TO REMOVAL ORDER by Theresa A Bass, Bradford L Byerley, U S Dept of Justice . (Attachments: #1 Exhibit A - State Court Record)(aty,King, Karen) |
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Filing 5
ORDER granting #4 Motion for Extension of Time to Answer. Louisiana State Board of Medical Examiners answer due 11/13/2019. Signed by Magistrate Judge Mark L Hornsby on 10/28/2019. (crt,Dauterive, C)
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| Filing 4 MOTION for Extension of Time to File Answer with consent by Louisiana State Board of Medical Examiners. Motions referred to Mark L Hornsby. (Attachments: #1 Proposed order)(Attorney Amanda Daniele Brotherton-Todd added to party Louisiana State Board of Medical Examiners(pty:dft))(aty,Brotherton-Todd, Amanda) Modified on 10/28/2019 to edit text (Dauterive, C). |
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Filing 3
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Mark L Hornsby on 10/17/2019. (crt,Williams, L)
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| Filing 2 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Thigpen, M) |
| Filing 1 NOTICE of Removal from 26th JDC Bossier Parish, Case Number C-160534 (Filed on behalf of USA - Filing Fee not required) filed by Theresa A Bass, United States Department of Justice, Drug Enforcement Administration, Bradford L Byerley. (Attachments: #1 Civil cover sheet, #2 Exhibit A-State Court Petitions and Order)(Attorney Karen J King added to party Theresa A Bass(pty:dft), Attorney Karen J King added to party Bradford L Byerley(pty:dft), Attorney Karen J King added to party United States Department of Justice, Drug Enforcement Administration(pty:dft))(aty,King, Karen) |
| SUPPLEMENTAL & AMENDING COMPLAINT against Theresa A Bass, Bradford L Byerley, Louisiana State Board of Medical Examiners, United States Department of Justice, Drug Enforcement Administration filed by Premier Medicine, LLC, Patrick H Deere, M.D. ADMINISTRATIVE ENTRY: (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #2 OF DOCUMENT #1 NOTICE OF REMOVAL)(crt,Thigpen, M) |
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