Fabius et al v. Medinexo USA, LLC et al
Plaintiff: Charles Fabius and Fabcorpny, LLC
Defendant: Thomas Zink, Medinexo USA, LLC, Drxpert Cloud Founders, LLC, Ron Adelman and Jorge Toro
Case Number: 4:2019cv02526
Filed: September 9, 2019
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Stephen R Clark
Referring Judge: Jean C Hamilton
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2019 Filing 29 MEMORANDUM in Support of Motion re #28 MOTION to Strike Defendant Medinexo USA, LLC's Answer (Doc 20) filed by Plaintiffs Fabcorpny, LLC, Charles Fabius. (Whiston, Gregory)
November 6, 2019 Filing 28 MOTION to Strike Defendant Medinexo USA, LLC's Answer (Doc 20) by Plaintiffs Fabcorpny, LLC, Charles Fabius. (Whiston, Gregory)
November 6, 2019 Opinion or Order ORDER RECEIPT: (see receipt) Docket No: 22,23,26. Wed Nov 6 10:50:57 CST 2019 (Shepard, Alicia)
November 5, 2019 ***REMARK - Sent a copy of the Motion for Entry of Clerk's Default (doc 27 ) to the Exec_Team email box this day. (JMP)
November 4, 2019 Filing 27 MOTION for Entry of Clerk's Default against Defendant DrXpert Cloud Founders, LLC by Plaintiffs Fabcorpny, LLC, Charles Fabius. (Whiston, Gregory)
October 31, 2019 Opinion or Order Filing 26 Docket Text ORDER: Re: #25 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendant Ron Adelman. (Giorgio, Herbert) (Main Document 25 replaced on 10/31/2019) (AAS). filed by Ron Adelman ; GRANTED.. Signed by District Judge Jean C. Hamilton on 10/31/2019. (AAS)
October 31, 2019 Opinion or Order ORDER RECEIPT: (see receipt) Docket No: 26. Thu Oct 31 13:14:30 CDT 2019 (Shepard, Alicia)
October 31, 2019 Ron Adelman answer due 11/14/2019. (AAS) Modified on 11/1/2019 (KJS).
October 30, 2019 Filing 25 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendant Ron Adelman. (Giorgio, Herbert) (Main Document 25 replaced on 10/31/2019) (AAS).
October 30, 2019 Filing 24 Mail Returned as Undeliverable. Mail sent to Jorge Toro. Returned document(s): #23 Order,,. Could not verify new address and mail was not resent. (AAS)
October 21, 2019 Opinion or Order Filing 23 ORDER - IT IS HEREBY ORDERED that plaintiffs shall, within fourteen (14) days of the date of this order, file appropriate motions for entry of default and for default judgment as to Defendant DRXPERT CLOUD FOUNDERS, LLC, supported by all necessary affidavits and documentation, as well as proposed orders for the Court's consideration. Failure to comply with this order may result in dismissal without prejudice. (Dispositive Motions due by 11/4/2019.) Signed by District Judge Jean C. Hamilton on 10/21/19. (cc: Drxpert Cloud Founders, LLC @ address listed on summons returned executed.)(KJS)
October 21, 2019 Opinion or Order Filing 22 Docket Text ORDER: Re: #20 ANSWER, AFFIRMATIVE DEFENSES AND MOTION to Dismiss Parties Jorge Toro and Medinexo USA, LLC filed by Jorge Toro, Medinexo USA, LLC; DENIED WITHOUT PREJUDICE - SO ORDERED. Re #21 NOTICE Dismissal Without Prejudice; GRANTED - SO ORDERED. (Thomas Zink terminated.) Signed by District Judge Jean C. Hamilton on 10/21/19. (KJS)
October 21, 2019 Opinion or Order ORDER RECEIPT: (see receipt) Docket No: 22. Mon Oct 21 12:10:57 CDT 2019 (Shirley, Kelley)
October 21, 2019 Opinion or Order ORDER RECEIPT: (see receipt) Docket No: 23. Mon Oct 21 14:03:47 CDT 2019 (Shirley, Kelley)
October 18, 2019 Filing 21 NOTICE Dismissal Without Prejudice: by Plaintiffs Fabcorpny, LLC, Charles Fabius (dismissing Defendant Dr. Thomas Zink) (Whiston, Gregory)
October 18, 2019 Filing 20 ANSWER, AFFIRMATIVE DEFENSES AND MOTION to Dismiss Parties Jorge Tor and Medinexo USA, LLC by Defendants Medinexo USA, LLC, Jorge Toro. (KJS)
October 17, 2019 Opinion or Order Filing 19 Docket Text ORDER: as to Ron Adelman Re: #17 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendant Ron Adelman. (Giorgio, Herbert) filed by Ron Adelman ; ORDERED GRANTED. (Ron Adelman answer due 11/1/2019.). Signed by District Judge Jean C. Hamilton on 10/17/19. (KJS)
October 17, 2019 Filing 18 REASSIGNMENT ORDER (GJL). To avoid any potential appearance of impropriety, Judge Stephen R. Clark disqualifies himself from this case. Therefore, the case is being randomly reassigned to a different Judge. Accordingly, IT IS HEREBY ORDERED that the above styled cause is reassigned to the Honorable Jean C. Hamilton. (KXS)
October 16, 2019 Filing 17 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendant Ron Adelman. (Giorgio, Herbert)
October 16, 2019 Filing 16 ENTRY of Appearance by Herbert R. Giorgio for Defendant Ron Adelman. (Giorgio, Herbert)
October 8, 2019 Filing 15 Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice #13 is GRANTED. So Ordered by Stephen R. Clark on 10/08/19. (Cosgrove, Melissa)
October 7, 2019 Filing 14 SUMMONS Returned Executed filed by Charles Fabius, Fabcorpny, LLC. Ron Adelman served on 9/25/2019, answer due 10/16/2019. (Whiston, Gregory)
October 3, 2019 Filing 13 MOTION for Leave to Appear Pro Hac Vice Gregory B. Whiston. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7498220) by Plaintiffs Fabcorpny, LLC, Charles Fabius. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(Whiston, Gregory)
October 2, 2019 Opinion or Order Filing 12 Docket Text ORDER: IT IS HEREBY ORDERED that #10 Unopposed Motion for Extension of Time is GRANTED ( Response to Court due by 10/18/2019.). Signed by District Judge Stephen R. Clark on 10/2/19. (KKS)
October 1, 2019 Filing 11 ENTRY of Appearance by Andrew W. Blackwell for Defendant Thomas Zink. (Blackwell, Andrew)
October 1, 2019 Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendant Thomas Zink. (Kahn, Michael)
October 1, 2019 Filing 9 ENTRY of Appearance by Michael A. Kahn for Defendant Thomas Zink. (Kahn, Michael)
September 26, 2019 Filing 8 SUMMONS Returned Executed filed by Charles Fabius, Fabcorpny, LLC. Medinexo USA, LLC served on 9/23/2019, answer due 10/15/2019. (Whiston, Gregory) (Main Document 8 replaced on 9/30/2019) (CLO).
September 26, 2019 Filing 7 SUMMONS Returned Executed filed by Charles Fabius, Fabcorpny, LLC. Drxpert Cloud Founders, LLC served on 9/23/2019, answer due 10/15/2019. (Whiston, Gregory) (Main Document 7 replaced on 9/30/2019) (CLO).
September 26, 2019 Filing 6 SUMMONS Returned Executed filed by Charles Fabius, Fabcorpny, LLC. Jorge Toro served on 9/23/2019, answer due 10/15/2019. (Whiston, Gregory)
September 16, 2019 Filing 5 SUMMONS Returned Executed filed by Charles Fabius, Fabcorpny, LLC. Thomas Zink served on 9/12/2019, answer due 10/3/2019. (Whiston, Gregory)
September 9, 2019 Filing 4 Letter to attorney Gregory Whiston from Clerk re: Admission PHV (BAK)
September 9, 2019 Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Fabcorpny, LLC. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (BAK)
September 9, 2019 Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Fabcorpny, LLC, Charles Fabius Process Server: D&B Legal Services (BAK)
September 9, 2019 Filing 1 COMPLAINT against defendant Ron Adelman, Drxpert Cloud Founders, LLC, Medinexo USA, LLC, Jorge Toro, Thomas Zink with receipt number AMOEDC-7448122, in the amount of $400 Jury Demand,, filed by Charles Fabius, Fabcorpny, LLC. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons Ron Adelman, #4 Summons Medinexo USA, #5 Summons Jorge Toro, #6 Summons Drxpert Cloud Founders, #7 Summons Thomas Zink, #8 Form MOED-0004 Notice Use Process Server, #9 Form MOED-0001 Disclosure of Interests)(Whiston, Gregory)
September 9, 2019 Case Opening Notification: 5 Summons(es) issued. The summons was emailed to attorney Gregory B. Whiston. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Stephen R. Clark. (BAK)

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Defendant: Thomas Zink
Represented By: Andrew W. Blackwell
Represented By: Michael A. Kahn
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Defendant: Medinexo USA, LLC
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Defendant: Drxpert Cloud Founders, LLC
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Defendant: Ron Adelman
Represented By: Herbert R. Giorgio
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Defendant: Jorge Toro
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Plaintiff: Charles Fabius
Represented By: Gregory B. Whiston
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Plaintiff: Fabcorpny, LLC
Represented By: Gregory B. Whiston
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