Shaffer et al v. Health Acquisition Company LLC et al
Plaintiff: James Shaffer, Phyllis Shaffer, HMC/CAH Consolidated, Inc., FLEMCo LLC, Debbie Hall and Kirk Hall
Defendant: HMC/CAH Consolidated, Inc, Paul L. Nusbaum, Health Acquisition Company LLC, Steven White, Jorge A Perez, Empower H.I.S. LLC, Empower H.I.S., LLC, Steven F. White and Jorge A. Perez
Interested Party: CSC
Case Number: 4:2018cv00601
Filed: August 7, 2018
Court: US District Court for the Western District of Missouri
Office: Kansas City Office
County: Jackson
Presiding Judge: Nanette K Laughrey
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2020 Opinion or Order Filing 192 ORDER by Judge Nanette K. Laughrey. This case is REFERRED to the Honorable Jill A. Morris, United States Magistrate Judge, for the purpose of mediation. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) Modified on 11/3/2020 to reflect a copy of order mailed to: HMC/CAH Consolidated, Inc. CSC-Lawyers Incorporating Service 221 Bolivar St. Jefferson City, MO 65101. Jorge A. Perez 8724 SW 72nd Street Suite 412 Miami, FL 33173. (Kern, Kendra)
October 20, 2020 Filing 191 MOTION for default judgment entry of default filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 11/3/2020 unless otherwise directed by the court. (Attachments: #1 Affidavit Affidavit of counsel)(Wood, C.)
October 19, 2020 Opinion or Order Filing 190 ORDERED entered by Judge Nanette K. Laughrey. Defendant's Motion to Exclude Expert Testimony of Lawrence Arthur, Doc. #175 , is granted in part and denied in part. Plaintiff's Motion for Leave to File Sur-Reply, Doc. #185 , is granted. Signed on 10/19/2020 by District Judge Nanette K. Laughrey. (Levin, Benjamin)
September 29, 2020 Opinion or Order Filing 189 ORDER entered by Judge Nanette K. Laughrey. Plaintiffs Motion to Submit Supplemental Information, Doc. #183 , is denied as moot. Signed on 9/29/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin)
September 25, 2020 Filing 188 NOTICE of filing Withdrawal of Motion for Summary Judgment as Moot by Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez re #177 MOTION for summary judgment (Funk, Andrew)
September 25, 2020 Filing 187 RESPONSE to motion re #183 MOTION to submit supplemental information Non-opposition filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. Reply suggestions due by 10/9/2020 unless otherwise directed by the court. (Funk, Andrew)
September 25, 2020 Filing 186 SUGGESTIONS in support re #185 MOTION for leave to file to file Sur-reply in opposition to motion to exclude expert witness, #175 MOTION to strike Expert Testimony of Lawrence Arthur filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall. (Related document(s) #185 , #175 ) (Wood, C.)
September 25, 2020 Filing 185 MOTION for leave to file to file Sur-reply in opposition to motion to exclude expert witness filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 10/9/2020 unless otherwise directed by the court. (Attachments: #1 Proposed Sur-reply)(Wood, C.)
September 18, 2020 Filing 184 REPLY SUGGESTIONS to motion re #175 MOTION to strike Expert Testimony of Lawrence Arthur filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. (Attachments: #1 Exhibit Deposition of Lawrence Arthur)(Related document(s) #175 ) (Funk, Andrew)
September 11, 2020 Filing 183 MOTION to submit supplemental information in opposition filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall. (Related document(s) #177 ) (Wood, C.) Modified on 9/11/2020 to reflect as a motion instead of suggestions in opposition (Houston, Kiambu).
September 11, 2020 Set/Reset Deadlines as to #183 MOTION to submit supplemental information. Suggestions in opposition/response due by 9/25/2020 unless otherwise directed by the court. (Houston, Kiambu)
September 4, 2020 Filing 182 SUGGESTIONS in opposition to motion for summary judgment re #177 MOTION for summary judgment filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall. Reply suggestions due by 9/18/2020 unless otherwise directed by the court. (Related document(s) #177 ) (Wood, C.)
September 4, 2020 Filing 181 SUGGESTIONS in opposition re #175 MOTION to strike Expert Testimony of Lawrence Arthur filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall. Reply suggestions due by 9/18/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Arthur deposition)(Related document(s) #175 ) (Wood, C.)
August 27, 2020 Opinion or Order Filing 180 ORDER entered by Judge Nanette K. Laughrey. Plaintiffs motion for extension of time, Doc. #179 , is granted. Plaintiffs suggestions in opposition to Defendants motion to exclude expert testimony must be filed on or before September 4, 2020. Signed on 8/27/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin)
August 26, 2020 Filing 179 MOTION for extension of time to file response/reply as to #175 MOTION to strike Expert Testimony of Lawrence Arthur filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 9/9/2020 unless otherwise directed by the court. (Related document(s) #175 ) (Wood, C.)
August 14, 2020 Filing 178 SUGGESTIONS in support re #177 MOTION for summary judgment filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. (Attachments: #1 Exhibit Affidavit of Paul Nusbaum)(Related document(s) #177 ) (Funk, Andrew)
August 14, 2020 Filing 177 MOTION for summary judgment (WITHDRAWN 9/25/2020, DOC. 188) filed by Andrew Funk on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. Suggestions in opposition/response due by 9/4/2020 unless otherwise directed by the court. (Funk, Andrew) Modified on 9/28/2020 (Matthes Mitra, Renea).
August 14, 2020 Filing 176 SUGGESTIONS in support re #175 MOTION to strike Expert Testimony of Lawrence Arthur filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. (Attachments: #1 Exhibit Expert Report, #2 Exhibit Deposition Transcript Excerpts)(Related document(s) #175 ) (Funk, Andrew)
August 14, 2020 Filing 175 MOTION to strike Expert Testimony of Lawrence Arthur filed by Andrew Funk on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. Suggestions in opposition/response due by 8/28/2020 unless otherwise directed by the court. (Funk, Andrew)
August 4, 2020 Filing 174 CERTIFICATE OF SERVICE by FLEMCo LLC, Debbie Hall, Kirk Hall Plaintiff's First Amended 26(a)(1) Disclosures filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
July 17, 2020 Filing 173 NOTICE to take deposition of Trent Skaggs filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
July 17, 2020 Filing 172 RETURN OF SERVICE (non cmp) AG Schmidt (Wood, C.)
July 17, 2020 Filing 171 RETURN OF SERVICE (non cmp) Brancart (Wood, C.)
July 8, 2020 Filing 170 NOTICE to take deposition of Paul Nusbaum filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
July 8, 2020 Filing 169 NOTICE to take deposition of Steve White filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
July 2, 2020 Filing 168 NOTICE to take deposition of Bill Cochran filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
June 26, 2020 Filing 167 NOTICE to take deposition of Kari Harrison filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
June 18, 2020 Filing 166 ANSWER to #160 Amended Complaint, (Fourth) on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
June 12, 2020 Filing 164 NOTICE to take deposition of James Sneed filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
June 12, 2020 Filing 163 NOTICE to take deposition of Larry Arthur filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
June 11, 2020 Filing 165 NOTICE of filing Unable to Forward Service of Process notice as to HMC/CAH by CSC (Houston, Kiambu)
June 9, 2020 Filing 162 RETURN OF SERVICE (non cmp) Dan Hiben (Wood, C.)
June 8, 2020 Filing 161 NOTICE to take deposition of Core Management Resources Group, Inc. filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
June 4, 2020 Filing 160 AMENDED COMPLAINT 4th Amended Complaint against All Defendants filed by C. Brooks Wood on behalf of Debbie Hall, Kirk Hall, FLEMCo LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Wood, C.)
June 4, 2020 Filing 159 NOTICE to take deposition of Dan Hiben filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
May 29, 2020 Opinion or Order Filing 158 ORDER entered by Judge Nanette K. Laughrey. On May 7, 2020, Plaintiffs filed a motion for leave to file their Fourth Amended Complaint. Doc. #148 . Defendants HAC, Paul L. Nusbaum, and Steven F. White filed a statement of non-opposition, Doc. #154 , and Defendants Jorge A. Perez and Empower H.I.S. LLC have not responded. A motion for leave to amend filed outside the Court's scheduling order requires a showing of "good cause" pursuant to Federal Rule of Civil Procedure 16(b)(4), Kmak v. Am. Century Cos., Inc., 873 F.3d 1030, 1034 (8th Cir. 2017), and consideration of "the propriety of the amendment under Rule 15." Commerce Bank v. U.S. Bank Natl Assn, No. 4:13-CV-00517-BCW, 2016 WL 7043032, at *23 (W.D. Mo. June 23, 2016). Plaintiffs have shown good cause, because their proposed amendments are to clarify and expand on the already existing allegations based on facts recently learned from documents produced on April 10, 2020, and April 17, 2020. See Sherman v. Winco Fireworks, Inc., 532 F.3d 709, 718 (8th Cir. 2008). Further, under Rule 15, the Court finds that given that the amendment does not seek to introduce new causes of action or facts outside the facts that have already been allegedly established by the production of documents, but rather clarifies and makes more explicit the existing claims and theories, there will be no undue prejudice to the non-moving parties who have also not opposed the amendment. Further, there is no evidence of undue delay, bad faith, repeated failure to cure deficiencies by amendments previously allowed, or futility of the amendment. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 497 (8th Cir. 2008). Plaintiffs' motion for leave to file a Fourth Amended Complaint, Doc. #148 , is GRANTED. Plaintiffs must file and serve the amended pleading within 7 days of the date of this Order in accordance with Local Rule 15.1(b). Signed on 05/29/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Thompson, Amy) Mailed to HMC/CAH Consolidated, Inc., CSC-Lawyers Incorporating Service, 221 Bolivar Street, Jefferson City, MO, 65101 and Jorge A. Perez, 8724 SW 72nd Street, Suite 412, Miami, FL 33173 on 5/29/2020 (Crocker, Susan).
May 28, 2020 Filing 157 NOTICE to take deposition of Megan Tyler filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
May 27, 2020 Filing 156 NOTICE to take deposition of Don Buchanan filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
May 27, 2020 Filing 155 NOTICE to take deposition of Tina Steele filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
May 21, 2020 Filing 154 RESPONSE to motion re #148 MOTION for leave to file Fourth Amended Complaint Non-opposition filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. Reply suggestions due by 6/4/2020 unless otherwise directed by the court. (Funk, Andrew)
May 20, 2020 Opinion or Order Filing 153 FOURTH AMENDED SCHEDULING ORDER: Discovery due by 7/24/2020. Dispositive Motions due by 8/14/2020. Pretrial Conference set for 1/7/2021 at 11:00 AM. Jury Trial set for 1/19/2021 at 09:00 AM. Signed on 5/20/20 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
May 20, 2020 Opinion or Order Filing 152 ORDER entered by Judge Nanette K. Laughrey. The Court's suspension of the dates in the Third Amended Scheduling Order, Doc. 140 , is vacated. In light of the parties' status report requesting additional time, the Court will grant an extension of the remaining dates in the Scheduling Order. Discovery is due July 24, 2020. Dispositive Motions are due August 14, 2020. Jury Trial is set for January 19, 2021. No further extensions will be permitted. An Amended Scheduling Order will follow. Signed on 05/20/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Thompson, Amy)
May 19, 2020 Filing 151 NOTICE to take deposition of Ty Compton filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
May 15, 2020 Filing 150 STATUS REPORT Parties' Joint Status Report by Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. (Funk, Andrew)
May 7, 2020 Filing 149 SUGGESTIONS in support re #148 MOTION for leave to file Fourth Amended Complaint filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall. (Related document(s) #148 ) (Wood, C.)
May 7, 2020 Filing 148 MOTION for leave to file Fourth Amended Complaint filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 5/21/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Proposed 4th Amended Complaint)(Wood, C.)
April 24, 2020 Opinion or Order Filing 147 ORDER entered by Judge Nanette K. Laughrey. In light of Plaintiffs' notice of withdrawal of their Motion for Sanctions against Defendants Empower HIS and Jorge Perez, Doc. #146 , Plaintiffs' pending Motion for Sanctions, Doc. #135 , is denied as moot without prejudice. The Clerk's Office will mail a copy of this Order to the pro se Defendants. Signed on 04/24/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Thompson, Amy). Copy mailed on 4/24/2020 to pro se Defendant Jorge A. Perez at last-known address. (Moore, Terri).
April 24, 2020 Filing 146 NOTICE of filing Withdrawal of Motion for Sanctions by FLEMCo LLC, Debbie Hall, Kirk Hall re #136 Suggestions in Support of Motion, #135 MOTION for sanctions against Empower HIS and Jorge Perez (Wood, C.)
April 18, 2020 Opinion or Order Filing 145 ORDER entered by Judge Nanette K. Laughrey. Plaintiffs' Motion for Extension of Time to file a Reply in support of their Motion for Sanctions, Doc. #143 , is granted. Plaintiffs must file their Reply on or before April 24, 2020. Signed on 04/18/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Thompson, Amy)
April 17, 2020 Filing 144 CERTIFICATE OF SERVICE by Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White Responses to 2nd Requests for Admission and 4th Requests for Production filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
April 17, 2020 Filing 143 MOTION for extension of time to file response/reply as to #141 Suggestions in Opposition to Motion, filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 5/1/2020 unless otherwise directed by the court. (Related document(s) #141 ) (Wood, C.)
April 17, 2020 Filing 142 CERTIFICATE OF SERVICE by FLEMCo LLC, Debbie Hall, Kirk Hall to HAC 2d RFPD filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
April 3, 2020 Filing 141 SUGGESTIONS in opposition re #135 MOTION for sanctions against Empower HIS and Jorge Perez filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. Reply suggestions due by 4/17/2020 unless otherwise directed by the court. (Related document(s) #135 ) (Funk, Andrew)
March 26, 2020 Opinion or Order Filing 140 ORDER entered by Judge Nanette K. Laughrey. The Joint Motion to suspend the Third Amended Scheduling Order for 60 days, Doc. #137 , is granted. All Scheduling Order deadlines are stayed for 60 days. The parties shall file a joint status report no later than 50 days from the date of this Order. Signed on 03/26/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Thompson, Amy)
March 24, 2020 Filing 139 RETURN OF SERVICE (non cmp) Subpoena Reboot (Wood, C.)
March 24, 2020 Filing 138 RETURN OF SERVICE (non cmp) Subpoena Mike Reese (Wood, C.)
March 24, 2020 Filing 137 Joint MOTION for extension of time to suspend scheduling order filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 4/7/2020 unless otherwise directed by the court. (Wood, C.)
March 20, 2020 Filing 136 SUGGESTIONS in support re #135 MOTION for sanctions against Empower HIS and Jorge Perez filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Related document(s) #135 ) (Wood, C.)
March 20, 2020 Filing 135 MOTION for sanctions against Empower HIS and Jorge Perez filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 4/3/2020 unless otherwise directed by the court. (Wood, C.)
March 14, 2020 Filing 134 RETURN OF SERVICE (non cmp) Subpoena - Perry (Wood, C.)
March 14, 2020 Filing 133 RETURN OF SERVICE (non cmp) Subpoena - Noble (Wood, C.)
March 14, 2020 Filing 132 RETURN OF SERVICE (non cmp) Subpoena Aetna (Wood, C.)
March 4, 2020 Filing 131 CERTIFICATE OF SERVICE by FLEMCo LLC, Debbie Hall, Kirk Hall 2d RFA and 4th RFPD filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
February 12, 2020 Opinion or Order Filing 130 PROTECTIVE ORDER entered by Judge Nanette K. Laughrey. Plaintiffs' motion, Doc. #125 , to amend/correct the current Protective Order, Doc. #42 , is GRANTED. Prior to filing any document under seal or in redacted form, a party must move for and be granted leave to file the document under seal. Signed on 02/12/2020 by District Judge Nanette K. Laughrey. (Thompson, Amy)
February 8, 2020 Filing 129 RETURN OF SERVICE (non cmp) Subpoena Branch Banking (Wood, C.)
February 8, 2020 Filing 128 RETURN OF SERVICE (non cmp) Subpoena Emergency Dictation (Wood, C.)
February 8, 2020 Filing 127 RETURN OF SERVICE (non cmp) BCBSOK subpoena (Wood, C.)
February 7, 2020 Filing 126 NOTICE to take deposition of Melanie Perry filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
February 7, 2020 Filing 125 MOTION to amend/correct Protective Order filed by C. Brooks Wood on behalf of FLEMCo LLC, Debbie Hall, Kirk Hall. Suggestions in opposition/response due by 2/21/2020 unless otherwise directed by the court. (Attachments: # 1 Proposed Order)(Wood, C.) Modified on 2/10/2020: The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg)
February 5, 2020 Filing 124 NOTICE to take deposition of James Noble filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
January 16, 2020 Filing 123 CERTIFICATE OF SERVICE by Health Acquisition Company LLC Interrogatories and Requests for Production filed by Andrew Funk on behalf of Defendant Health Acquisition Company LLC.(Funk, Andrew)
January 9, 2020 Filing 122 RETURN OF SERVICE (non cmp) subpoena - BCBSOK (Wood, C.)
December 25, 2019 NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
December 23, 2019 Filing 121 DESIGNATION OF MEDIATOR naming Richard McLeod(Funk, Andrew)
December 23, 2019 Filing 120 RETURN OF SERVICE (non cmp) Subpoena for records (Wood, C.)
December 20, 2019 Filing 119 NOTICE to take deposition of Jeff Schoo filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, Debbie Hall, Kirk Hall.(Wood, C.)
December 9, 2019 Opinion or Order Filing 118 THIRD AMENDED SCHEDULING ORDER: Discovery due by 4/27/2020. Dispositive Motions due by 5/18/2020 Pretrial Conference set for 11/3/2020 at 11:00 AM. Jury Trial set for 11/9/2020 at 09:00 AM. Signed on 12/9/19 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
December 6, 2019 Opinion or Order Filing 117 ORDER entered by Judge Nanette K. Laughrey. Defendants' consent motion to continue the pretrial conference and trial, Doc. #116 , is granted. The pretrial conference is now set for 11/3/2020 at 11:00AM. Trial is set for 11/9/2020. An Amended Scheduling Order will follow. Signed on 12/06/2019 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Thompson, Amy)
December 6, 2019 Filing 116 Consent MOTION to continue Pretrial and Trial Date filed by Andrew Funk on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. Suggestions in opposition/response due by 12/20/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit Metron v. Watson Scheduling Order)(Funk, Andrew)
December 3, 2019 Filing 115 ANSWER to #111 Amended Complaint (Third) on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
November 25, 2019 Opinion or Order Filing 114 SECOND AMENDED SCHEDULING ORDER: Discovery due by 4/27/2020. Dispositive Motions due by 5/18/2020. Pretrial Conference set for 9/2/2020 at 10:00 AM. Jury Trial set for 9/14/2020 at 09:00 AM. Signed on 11/25/19 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
November 25, 2019 Filing 113 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on November 25, 2019, regarding the status of the case. Parties have continued to make limited progress on discovery. Mr. Wood requested an extension of the Scheduling Order and stated he is now prepared to go forward with discovery and is in the process of obtaining the financial information needed from the trustee and other sources. Mr. Funk had no objection to the extension of the schedule. The Court will enter an Amended Scheduling Order allowing additional time for the parties to conduct discovery. No extensions will be granted given the prior conduct of the lawsuit. Appearances: Plaintiffs by Brooks Wood. Defendants Health Acquisition Company, LLC, Nusbaum, and White by Andrew Funk. Defendant Jorge Perez does not appear on the call. No appearance by Defendant Empower H.I.S., LLC. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
November 22, 2019 Filing 112 DEMAND for Trial by Jury by FLEMCo LLC, Debbie Hall, Kirk Hall. (Wood, C.)
November 19, 2019 Filing 111 AMENDED COMPLAINT Third against All Defendants filed by C. Brooks Wood on behalf of FLEMCo LLC, Kirk Hall, Debbie Hall. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Wood, C.)
November 14, 2019 Opinion or Order Filing 110 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 11/25/2019 at 10:00 AM regarding the status of the case. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. A copy of this Order was mailed to Jorge A. Perez, 8724 SW 72nd Street, Suite 412, Miami, FL 33173. Signed on 11/14/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
November 14, 2019 Opinion or Order Filing 109 ORDER entered by Judge Nanette K. Laughrey. Plaintiffs' unopposed motion for leave to file their third amended complaint in order to substitute plaintiffs, Doc. #106 , is granted. Plaintiffs must file and serve the amended pleading within 7 days of the date of this Order in accordance with Local Rule 15.1(b). Signed on 11/14/2019 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Thompson, Amy) Modified on 11/14/2019 to reflect a copy of this Order was mailed to Jorge A. Perez, 8724 SW 72nd Street, , Suite 412, Miami, FL 33173. (Matthes Mitra, Renea).
November 12, 2019 Filing 108 RESPONSE to motion re #106 MOTION for leave to file Third Amended Complaint filed by Andrew Funk on behalf of Defendants Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. Reply suggestions due by 11/26/2019 unless otherwise directed by the court. (Funk, Andrew)
October 28, 2019 Filing 107 SUGGESTIONS in support re #106 MOTION for leave to file Third Amended Complaint filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer. (Related document(s) #106 ) (Wood, C.)
October 28, 2019 Filing 106 MOTION for leave to file Third Amended Complaint filed by C. Brooks Wood on behalf of FLEMCo LLC, James Shaffer, Phyllis Shaffer. Suggestions in opposition/response due by 11/12/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit)(Wood, C.)
October 7, 2019 Filing 105 Amended NOTICE to take deposition of Jennifer Upenieks filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
October 1, 2019 Filing 104 NOTICE to take deposition of Jennifer Upenieks filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
August 2, 2019 Filing 103 CERTIFICATE OF SERVICE by FLEMCo LLC, James Shaffer, Phyllis Shaffer filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
July 25, 2019 Filing 102 CERTIFICATE OF SERVICE by FLEMCo LLC, James Shaffer, Phyllis Shaffer filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
July 24, 2019 Filing 101 CERTIFICATE OF SERVICE by FLEMCo LLC, James Shaffer, Phyllis Shaffer filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
July 16, 2019 Filing 100 RETURN OF SERVICE (non cmp) (Wood, C.)
July 8, 2019 Filing 99 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on July 8, 2019, regarding Plaintiffs' motion to amend the scheduling order, Doc. #92 . The Court strikes the Amended Scheduling Order, Doc. #56 , and will check back with the parties in six months to see whether they are ready to proceed with the case. In the meantime, if the parties require the Court's assistance, they should contact the Court. Appearances: Plaintiffs by Brooks Wood. Defendants Health Acquisition Company, LLC, Nusbaum, and White by Andrew Funk. Defendant Jorge Perez appears pro se. No appearance by Defendant Empower H.I.S., LLC. Court Reporter: None. Courtroom Deputy: Tracey Richard. (Text entry only.) This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
July 1, 2019 Opinion or Order Filing 98 ORDER entered by Judge Nanette K. Laughrey. The teleconference previously scheduled for 2:00 pm on 7/2/2019 is reset for 7/8/2019 at 3:00 pm. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
June 25, 2019 Opinion or Order Filing 97 ORDER entered by Judge Nanette K. Laughrey. The teleconference previously scheduled for 9:00 am on 7/2/2019 is reset for 2:00 pm on 7/2/2019. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 6/25/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
June 24, 2019 Opinion or Order Filing 96 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference set for 7/2/2019 at 09:00 AM regarding the status of discovery. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 6/24/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
June 24, 2019 Filing 95 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on June 24, 2019, regarding Plaintiffs' motion to amend the scheduling order. The Court reminded Mr. Perez that he is responsible for complying with the Federal Rules of Civil Procedure. Mr. Woods stated that since the appearance of Mr. Funk, Defendants have begun producing documents for the first time. Mr. Funk stated that he has an appointment this week with the Bankruptcy Trustee regarding obtaining access to documents stored on a third-party server. The Court deferred ruling on the motion to amend the scheduling order and set a status teleconference for July 2, 2019 at 9:00 a.m. to address the parties' progress in discovery. Appearances: Plaintiffs by Brooks Wood. Defendants Health Acquisition Company LLC, Nusbaum, and White by Andrew Funk. Defendant Jorge Perez appears pro se. No appearance by Defendant Empower H.I.S., LLC. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
June 21, 2019 Opinion or Order Filing 94 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 6/24/2019 at 11:00 AM regarding the motion to amend scheduling order. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 6/21/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
June 18, 2019 Filing 93 SUGGESTIONS in support re #92 Consent MOTION for extension of time to complete discovery filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer. (Related document(s) #92 ) (Wood, C.)
June 18, 2019 Filing 92 Consent MOTION for extension of time to complete discovery filed by C. Brooks Wood on behalf of FLEMCo LLC, James Shaffer, Phyllis Shaffer. Suggestions in opposition/response due by 7/2/2019 unless otherwise directed by the court. (Wood, C.) Modified on 6/20/2019 main document 92 replaced at the request of chambers with clear copy of pleading. NEF regenerated to all parties. (Kern, Kendra)
June 3, 2019 Filing 91 CERTIFICATE OF SERVICE by FLEMCo LLC, James Shaffer, Phyllis Shaffer filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
May 30, 2019 Filing 90 RETURN OF SERVICE (non cmp) (Wood, C.)
May 17, 2019 Filing 89 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on May 17, 2019 regarding Mr. Smith's motion to withdraw, Doc. #84 . Mr. Perez stated that he has no objection to the Court granting Mr. Smith's motion to withdraw as counsel on his behalf. The Court granted Mr. Smith's motion to withdraw as counsel on behalf of all defendants. The Court informed Mr. Perez that he will be responsible for replying to all inquiries in this case on his own behalf and complying with the Federal Rules of Civil Procedure, and that if he fails to comply, a default judgment could be entered against him. Mr. Perez stated that he understood. Mr. Perez provided the following contact information: 8724 SW 72nd Street, Suite 412, Miami, Florida 33173, phone: 305-858-5580, apbjap@gmail.com. The Court ordered Mr. Perez to notify the Court within seven days if any of his contact information changes. Appearances: Plaintiffs by C. Brooks Wood. Defendants Health Acquisition Company, LLC, Paul Nusbaum, and Steven White by Andrew Funk. Defendants Jorge Perez and Empower H.I.S., LLC by Frank Smith. Jorge Perez appears pro se. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (A copy of the NEF for this entry was mailed to Jorge A. Perez, 8724 SW 72nd Street, Suite 412, Miami, FL 33173 on 5/17/2019.) (Melvin, Greg)
May 17, 2019 Filing 88 RETURN OF SERVICE (non cmp) (Wood, C.)
May 15, 2019 Filing 87 CERTIFICATE OF SERVICE by Paul L. Nusbaum, Steven F. White Responses to Requests for Production filed by Andrew Funk on behalf of Defendants Paul L. Nusbaum, Steven F. White.(Funk, Andrew)
May 15, 2019 Opinion or Order Filing 86 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 5/17/2019 at 11:00 AM regarding Frank Smith's request to withdraw as counsel on behalf of all defendants. Mr. Smith is responsible for notifying defendants Jorge Perez and Empower H.I.S., LLC of the time and dial in information for the call. The parties shall call Conference number 877-336-1828, access code: 8503666 to participate. Signed on 5/15/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
May 14, 2019 Filing 85 NOTICE of filing of intent to issue subpoena by FLEMCo LLC, James Shaffer, Phyllis Shaffer (Wood, C.)
May 9, 2019 Set/Reset Deadlines as to #84 MOTION for order. Suggestions in opposition/response due by 5/23/2019 unless otherwise directed by the court. (Melvin, Greg)
May 9, 2019 Filing 84 MOTION to withdraw as attorney filed by Frank Martin Smith on behalf of Jorge Perez and Empower H.I.S., LLC. Suggestions in opposition/response due by 5/23/2019 unless otherwise directed by the court. (Smith, Frank) Modified on 5/10/2019: Docket event changed to motion. Docket text corrected. NEF regenerated. (Melvin, Greg)
May 9, 2019 Filing 83 NOTICE of filing by Jorge Perez re 77 Order,, Add and Terminate Attorneys, (Smith, Frank)
May 9, 2019 Filing 82 NOTICE of appearance by Andrew Funk on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White (Attorney Andrew Funk added to party Health Acquisition Company LLC(pty:dft), Attorney Andrew Funk added to party Paul L. Nusbaum(pty:dft), Attorney Andrew Funk added to party Steven F. White(pty:dft))(Funk, Andrew)
May 6, 2019 Filing 81 NOTICE to take deposition of Lori Gobin filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
May 2, 2019 Filing 80 RETURN OF SERVICE (non cmp) (Wood, C.)
May 2, 2019 Filing 79 RETURN OF SERVICE (non cmp) (Wood, C.)
May 2, 2019 Filing 78 RETURN OF SERVICE (non cmp) (Wood, C.)
April 18, 2019 Opinion or Order Filing 77 ORDER entered by Judge Nanette K. Laughrey. Lauren Horsman's motion to withdraw as counsel on behalf of all Defendants, Doc. #66 , is granted. Pro hac vice counsel for Defendants is required to obtain substitute local counsel to maintain his pro hac vice appearance within three weeks. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
April 18, 2019 Filing 76 NOTICE of filing Notice of Withdrawal of Request for Sanctions by FLEMCo LLC, James Shaffer, Phyllis Shaffer re #61 Suggestions in Opposition to Motion. (Wood, C.) Modified on 4/19/2019: Docket text changed to reflect document. NEF regenerated. (Melvin, Greg)
April 17, 2019 Filing 75 RETURN OF SERVICE (non cmp) (Wood, C.)
April 17, 2019 Filing 74 RETURN OF SERVICE (non cmp) (Wood, C.)
April 17, 2019 Filing 73 RETURN OF SERVICE (non cmp) (Wood, C.)
April 17, 2019 Filing 72 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on April 17, 2019 regarding the Motion to Withdraw, Doc. #66 , filed by Lauren Horsman. The Court will permit Ms. Horsman to withdraw as local counsel for defendant Jorge Perez. Mr. Smith is required to obtain substitute local counsel for Mr. Perez to maintain his pro hac vice appearance within three weeks. Appearances: Plaintiffs by C. Brooks Wood. Defendants by Frank Smith and Lauren Horsman. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) (Matthes Mitra, Renea)
April 15, 2019 Opinion or Order Filing 71 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 4/17/2019 at 09:00 AM regarding Ms. Horsman's motion to withdraw as counsel. The parties shall conference number 877-336-1274, access code 2707681 to participate. Signed on 4/15/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
April 12, 2019 Filing 70 NOTICE of filing by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White re #66 MOTION to withdraw as attorney (Horsman, Lauren)
April 8, 2019 Filing 69 ANSWER to #57 Amended Complaint on behalf of Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White.(Horsman, Lauren)
April 8, 2019 Filing 68 CERTIFICATE OF SERVICE by FLEMCo LLC, James Shaffer, Phyllis Shaffer filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer.(Wood, C.)
April 8, 2019 Filing 67 RESPONSE to motion re #66 MOTION to withdraw as attorney filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer. Reply suggestions due by 4/22/2019 unless otherwise directed by the court. (Wood, C.)
April 5, 2019 Filing 66 MOTION to withdraw as attorney filed by Lauren A. Horsman on behalf of Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. Suggestions in opposition/response due by 4/19/2019 unless otherwise directed by the court. (Horsman, Lauren)
April 3, 2019 Opinion or Order Filing 65 ORDER entered by Judge Nanette K. Laughrey. The Court finds that this case is not subject to an automatic stay of bankruptcy. Signed on 4/3/2019 by District Judge Nanette K. Laughrey. (Levy, Lindsey)
April 1, 2019 Filing 64 CERTIFICATE OF SERVICE by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White filed by Lauren A. Horsman on behalf of Defendants Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White.(Horsman, Lauren)
March 29, 2019 Filing 63 NOTICE of filing Defendants' Statement of Authority by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White (Horsman, Lauren)
March 29, 2019 Filing 62 MINUTE ENTRY. Teleconference held regarding Defendants' suggestions of bankruptcy and related motion for extension of time. Argument presented by the parties. The Court denied Defendants' request for a stay and motion for extension of time, Doc. #59 . The Court will permit Defendants to submit, by 5:00 p.m. today, any authority that there is an automatic stay or that the Court must stay the case due to bankruptcy of a non-party. The Court ordered Defendants to produce to Plaintiffs all discovery that has been ordered to be produced by the Court by 5:00 p.m. on Monday, April 1, 2019, The Court took under advisement Plaintiffs' request for sanctions. Appearances: Plaintiffs by C. Brooks Wood. Defendants by Frank Smith and Lauren Horsman. Court Reporter: Reggie Lambrecht. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) To order a transcript of this hearing please contact Reggie Lambrecht, 816-512-5623. (Matthes Mitra, Renea)
March 28, 2019 Filing 61 SUGGESTIONS in opposition re #59 MOTION for extension of time filed by C. Brooks Wood on behalf of Plaintiffs FLEMCo LLC, James Shaffer, Phyllis Shaffer. Reply suggestions due by 4/11/2019 unless otherwise directed by the court. (Related document(s) #59 ) (Wood, C.)
March 28, 2019 Opinion or Order Filing 60 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 3/29/2019 at 10:00 AM regarding Defendants' suggestion of bankruptcy and related motion for extension, Docs. #58 and #59 . The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 3/28/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
March 26, 2019 Filing 59 MOTION for extension of time filed by Lauren A. Horsman on behalf of Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. Suggestions in opposition/response due by 4/9/2019 unless otherwise directed by the court. (Horsman, Lauren)
March 26, 2019 Filing 58 SUGGESTION OF BANKRUPTCY Under Chapter 11 by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. (Horsman, Lauren)
March 14, 2019 Filing 57 AMENDED COMPLAINT against All Defendants filed by C. Brooks Wood on behalf of All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Wood, C.)
March 13, 2019 Opinion or Order Filing 56 AMENDED SCHEDULING ORDER: Discovery due by 9/3/2019.Dispositive Motions due by 9/24/2019. Pretrial Conference set for 10/29/2019 at 03:00 PM Courtroom 4A, Jefferson City. Jury Trial set for 11/12/2019 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 3/13/19 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
March 12, 2019 Filing 55 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on March 12, 2019, regarding discovery disputes. Defendants objected to Plaintiffs' request for production of documents to the extent they are requesting financial data at the hospital level. The Court overruled Defendants' objections and ordered Defendants to produce the documents requested to Plaintiffs within two weeks. Empower H.M.S. objected to the subpoena duces tecum served on it to the extent that it seeks information regarding the internal operations of Empower H.M.S. Based on the moving party's burden of proof and failure to meet that burden, the Court overruled the objections of Empower H.M.S. The Court ordered the documents to be produced within two weeks. As to the subpoena served on CAH#1, Mr. Smith stated that the hospital is now in bankruptcy. Defendants have no objection to the documents being produced if the Bankruptcy Trustee is in agreement. Plaintiffs requested access to the records that were subpoenaed from US Bank and submitted to the Court for in camera review. The Court will release the US Bank records to Plaintiffs' counsel. Those records shall be subject to the Parties' Protective Order. To the extent that the records contain anything in them that was not requested by Plaintiffs, it will be subject to attorneys' eyes only. The Court ordered Plaintiffs' counsel to provide a copy of the US Bank records to Defendants within seven days of receipt of the records from the Court. The Court granted Plaintiffs' request for an extension of the scheduling order, Doc. #51 . Discovery will close September 3, 2019. The Court will enter an Amended Scheduling Order. Appearances: Plaintiffs by C. Brooks Wood. Defendants by Frank Smith and Lauren Horseman. Non-party Empower H.M.S. by Frank Smith. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) (Matthes Mitra, Renea) Modified on 3/13/2019 Records returned to Attorney C. Brooks Wood 3/14/19(James, Carrie).
March 12, 2019 Opinion or Order Filing 54 ORDER entered by Judge Nanette K. Laughrey. Plaintiffs' unopposed motion for leave to amend the First-Amended Complaint to realign nominal defendant HMC/CAH Consolidated, Inc. as a plaintiff and to add FLEMCo, LLC as a plaintiff, Doc. #36 , is granted subject to the Court's ruling on Defendants' motion to dismiss, Doc. #50 . Plaintiffs are ordered to file their Second-Amended Complaint within seven days of the date of this Order. Signed on 3/12/2019 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levy, Lindsey)
March 11, 2019 Filing 53 RESPONSE TO ORDER TO SHOW CAUSE by James Shaffer, Phyllis Shaffer. (Attachments: #1 Affidavit Aff. re Show Cause)(Wood, C.)
March 11, 2019 Filing 52 SUGGESTIONS in support re #51 MOTION for discovery filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer. (Related document(s) #51 ) (Wood, C.)
March 11, 2019 Filing 51 MOTION for discovery filed by C. Brooks Wood on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/25/2019 unless otherwise directed by the court. (Wood, C.)
March 5, 2019 Opinion or Order Filing 50 ORDER entered by Judge Nanette K. Laughrey. Defendants' motion to dismiss, Doc. #29 , is granted in part and denied in part. Plaintiffs' accounting claim (Count VIII) is dismissed. Plaintiffs are order to show cause, within seven days of the date of this order, why the proposed addition of FLEMCo, LLC as a party plaintiff does not destroy diversity. Signed on 3/5/2019 by District Judge Nanette K. Laughrey. (Levy, Lindsey)
March 1, 2019 Opinion or Order Filing 49 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 3/12/2019 at 10:00 AM regarding a discovery dispute. The parties shall email a one page summary of the dispute to Netra_Sreeprakash@mow.uscourts.gov by 3/11/2019 at 10 am. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 3/1/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
February 23, 2019 Filing 48 RETURN OF SERVICE (non cmp) (Wood, C.)
February 4, 2019 Filing 47 NOTICE of filing by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White (Horsman, Lauren)
January 28, 2019 Filing 46 SUGGESTIONS in opposition re #29 MOTION to dismiss case MOTION for more definite statement filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer. Reply suggestions due by 2/11/2019 unless otherwise directed by the court. (Related document(s) #29 ) (Wood, C.)
January 25, 2019 Filing 45 CERTIFICATE OF SERVICE by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White filed by Lauren A. Horsman on behalf of Defendants Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White.(Horsman, Lauren)
January 23, 2019 Filing 44 CERTIFICATE OF SERVICE by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White filed by Lauren A. Horsman on behalf of Defendants Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White.(Horsman, Lauren)
January 11, 2019 Filing 43 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on January 11, 2019. Oral argument presented on Defendants' Motion to Dismiss, Doc. #29 . The Court will permit Plaintiffs to present authority by January 28, 2019, regarding Defendants' argument that Plaintiffs' claims are "double" or "triple" derivative and Plaintiffs' standing to pursue claims involving breach of fiduciary duty and misappropriation and conversion of HMC Hospital funds. Defendants may file a reply by February 4, 2019. Appearances: Plaintiffs by C. Brooks Wood. Defendants by Frank Smith and Lauren Horseman. Court Reporter: Katie Wirt. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) To order a transcript of this hearing please contact Katie Wirt, 816-512-5608. (Matthes Mitra, Renea)
January 9, 2019 Opinion or Order Filing 42 PROTECTIVE ORDER entered by Judge Nanette K. Laughrey. The Parties' joint motion for protective order, Doc. #41 , is granted. Prior to filing any document under seal or in redacted form, a party must move for and be granted leave to file the document under seal. Signed on 1/9/2019 by District Judge Nanette K. Laughrey. (Levy, Lindsey)
January 8, 2019 Filing 41 Joint MOTION for protective order filed by Lauren A. Horsman on behalf of Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. Suggestions in opposition/response due by 1/22/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit)(Horsman, Lauren) Modified on 1/9/2019: The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg)
January 8, 2019 Opinion or Order Filing 40 ORDER entered by Judge Nanette K. Laughrey. Oral argument will be presented by telephone conference regarding Defendants' Motion to Dismiss, Doc. 29, on 1/11/2019 at 10:00 AM. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 1/8/19 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
December 24, 2018 Filing 39 CERTIFICATE OF SERVICE by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White filed by Lauren A. Horsman on behalf of Defendants Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White.(Horsman, Lauren)
December 18, 2018 Filing 38 REPLY SUGGESTIONS to motion re #29 MOTION to dismiss case MOTION for more definite statement filed by Lauren A. Horsman on behalf of Defendants Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. (Related document(s) #29 ) (Horsman, Lauren)
December 13, 2018 Filing 37 SUGGESTIONS in support re #36 MOTION for leave to file filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer. (Related document(s) #36 ) (Wood, C.)
December 13, 2018 Filing 36 MOTION for leave to file filed by C. Brooks Wood on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/27/2018 unless otherwise directed by the court. (Attachments: #1 Affidavit, #2 Exhibit)(Wood, C.)
December 5, 2018 NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
December 4, 2018 Filing 35 DESIGNATION OF MEDIATOR naming Richard McLeod(Wood, C.)
December 4, 2018 Filing 34 SUGGESTIONS in opposition re #29 MOTION to dismiss case MOTION for more definite statement filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer. Reply suggestions due by 12/18/2018 unless otherwise directed by the court. (Attachments: #1 Affidavit, #2 Affidavit)(Related document(s) #29 ) (Wood, C.)
November 23, 2018 Filing 33 CERTIFICATE OF SERVICE by All Plaintiffs filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer.(Wood, C.)
November 20, 2018 Opinion or Order Filing 32 ORDER entered by Judge Nanette K. Laughrey. In light of the fact that Plaintiffs have filed an Amended Complaint, Doc. #21 , Defendants' motion to dismiss Plaintiffs' initial Complaint, Doc. #12 , is denied as moot. Signed on 11/20/2018 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levy, Lindsey)
November 20, 2018 Filing 31 MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on November 20, 2018, regarding a discovery dispute. Defendants object to a subpoena the Plaintiffs served on US Bank for bank records of Defendants and related third parties. The Court ordered Plaintiffs to make their request for bank records to the Defendants. Plaintiffs are ordered to send to the Court, for in camera review, the unopened package of documents received from US Bank. Appearances: Plaintiff by C. Brooks Wood. Defendants by Lauren Horsman and Frank Smith. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. (Text entry only.) (Matthes Mitra, Renea)
November 20, 2018 Filing 30 SUGGESTIONS in support re #29 MOTION to dismiss case MOTION for more definite statement filed by Lauren A. Horsman on behalf of Defendants Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. (Related document(s) #29 ) (Horsman, Lauren)
November 20, 2018 Filing 29 MOTION to dismiss case , MOTION for more definite statement filed by Lauren A. Horsman on behalf of Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. Suggestions in opposition/response due by 12/4/2018 unless otherwise directed by the court. (Horsman, Lauren)
November 20, 2018 Filing 28 RETURN OF SERVICE (non cmp) US Bank (Wood, C.)
November 20, 2018 Opinion or Order Filing 27 ORDER entered by Judge Nanette K. Laughrey. The teleconference previously scheduled before Magistrate Judge John Maughmer regarding a discovery dispute will now be held before Judge Nanette K. Laughrey on 11/20/2018 at 10:30 AM. The parties shall call conference number 877-336-1828, access code: 8503666 to participate.Signed on 11/20/18 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
November 19, 2018 Filing 26 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 11/20/2018 at 10:30 AM in No Location Entered before Magistrate Judge John T. Maughmer. (Stepp, Jane)
November 15, 2018 Filing 25 RULES OF TRIAL. Signed on 11/15/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
November 15, 2018 Opinion or Order Filing 24 SCHEDULING ORDER: Discovery due by 5/31/2019. Dispositive Motions due by 1/21/2019. Pretrial Conference set for 10/29/2019 at 03:00 PM. Jury Trial set for 11/12/2019 at 09:00 AM. Signed on 11/15/18 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Matthes Mitra, Renea)
November 14, 2018 Filing 23 PROPOSED SCHEDULING ORDER by Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White. (Horsman, Lauren)
November 8, 2018 Filing 22 SUGGESTIONS in opposition re #12 MOTION to dismiss case or, in alternative, motion for more definite statement filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer. Reply suggestions due by 11/23/2018 unless otherwise directed by the court. (Attachments: #1 Affidavit, #2 Affidavit)(Related document(s) #12 ) (Wood, C.) Modified on 11/9/2018: Main Document 22 replaced at request of filing counsel. NEF regenerated. (Melvin, Greg)
November 7, 2018 Filing 21 AMENDED COMPLAINT against All Defendants filed by C. Brooks Wood on behalf of All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Wood, C.) Modified on 11/9/2018: Main Document 21 replaced at request of filing counsel. NEF regenerated. (Melvin, Greg)
November 7, 2018 Filing 20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer.(Wood, C.)
November 5, 2018 Filing 19 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Lauren A. Horsman on behalf of Defendants Empower H.I.S., LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A. Perez, Steven F. White.(Horsman, Lauren)
November 2, 2018 Opinion or Order Filing 18 ORDER entered by Judge Nanette K. Laughrey. Plaintiffs' unopposed motion for extension of time, Doc. #16 , is granted. Plaintiffs' response to Defendants' motion to dismiss must be filed on or before November 9, 2018. Signed on 11/2/2018 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levy, Lindsey)
November 2, 2018 Filing 17 SUGGESTIONS in support re #16 MOTION for extension of time to file response/reply , #12 MOTION to dismiss case or, in alternative, motion for more definite statement filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer. (Related document(s) #16 , #12 ) (Wood, C.)
November 2, 2018 Filing 16 MOTION for extension of time to file response/reply filed by C. Brooks Wood on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/16/2018 unless otherwise directed by the court. (Wood, C.)
October 24, 2018 Opinion or Order Filing 15 ORDER granting #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Frank Martin Smith for Empower H.I.S., LLC,Frank Martin Smith for HMC/CAH Consolidated, Inc.,Frank Martin Smith for Health Acquisition Company LLC,Frank Martin Smith for Paul L. Nusbaum,Frank Martin Smith for Jorge A. Perez,Frank Martin Smith for Steven F. White allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Russel, Jeri)
October 24, 2018 NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP)
October 22, 2018 Opinion or Order Filing 14 ORDER. Proposed scheduling order due by 11/13/2018. Rule 26 conference due by 11/5/2018. Signed on 10/22/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
October 19, 2018 Filing 13 SUGGESTIONS IN SUPPORT of #12 Motion to Dismiss by Health Acquisition Company LLC.on behalf of Health Acquisition Company LLC. Empower H.I.S. LLC,Paul L. Nusbaum, Steven F. White, and Jorge A Perez. (Horsman, Lauren) Modified on 10/19/2018 to correct docket event (Crocker, Susan). Modified on 10/22/2018 at the request of counsel to correctly name all defendants represented. NEF regenerated to all parties. (Travis, Kendra)
October 19, 2018 Filing 12 MOTION to dismiss case or, in alternative, motion for more definite statement filed by Lauren A. Horsman on behalf of Health Acquisition Company LLC. Empower H.I.S. LLC,Paul L. Nusbaum, Steven F. White, and Jorge A Perez. Suggestions in opposition/response due by 11/2/2018 unless otherwise directed by the court. (Horsman, Lauren) Modified on 10/22/2018 at the request of counsel to correctly name all defendants represented. NEF regenerated to all parties. (Travis, Kendra).
October 19, 2018 Filing 11 Motion to allow Frank Martin Smith to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5997340) filed by Lauren A. Horsman on behalf of Health Acquisition Company LLC. Empower H.I.S. LLC, Paul L. Nusbaum, Seven F. White and Jorge A. perez (Horsman, Lauren) Modified on 10/22/2018 at the request of counsel to correctly name all defendants represented. NEF regenerated to all parties. (Travis, Kendra)
October 19, 2018 Filing 10 NOTICE of appearance by Lauren A. Horsman on behalf of Health Acquisition Company LLC, Empower H.I.S., LLC, Paul L. Nusbaum, Steven F. White, and Jorge A. Perez (Attorney Lauren A. Horsman added to party Health Acquisition Company LLC, Empower H.I.S., LLC, Paul L. Nusbaum, Steven F. White, and Jorge A. Perez (pty:dft))(Horsman, Lauren) Modified on 10/23/2018: Docket text modified at request of filing counsel to correctly name all defendants represented. NEF regenerated. (Melvin, Greg)
August 31, 2018 Filing 9 NOTICE of change of address by C. Brooks Wood (Wood, C.)
August 23, 2018 SUMMONS ISSUED as to HMC/CAH Consolidated, Inc.. (Woods, Gloria)
August 22, 2018 Filing 8 RETURN OF WAIVER OF SERVICE filed by Phyllis Shaffer, James Shaffer. Waiver sent to Jorge A. Perez on 8/20/2018, answer due 10/19/2018. (Wood, C.)
August 22, 2018 Filing 7 RETURN OF WAIVER OF SERVICE filed by Phyllis Shaffer, James Shaffer. Waiver sent to Steven F. White on 8/20/2018, answer due 10/19/2018. (Wood, C.)
August 22, 2018 Filing 6 RETURN OF WAIVER OF SERVICE filed by Phyllis Shaffer, James Shaffer. Waiver sent to Paul L. Nusbaum on 8/20/2018, answer due 10/19/2018. (Wood, C.)
August 22, 2018 Filing 5 RETURN OF WAIVER OF SERVICE filed by Phyllis Shaffer, James Shaffer. Waiver sent to Empower H.I.S., LLC on 8/20/2018, answer due 10/19/2018. (Wood, C.)
August 22, 2018 Filing 4 RETURN OF WAIVER OF SERVICE filed by Phyllis Shaffer. Waiver sent to Health Acquisition Company LLC on 8/20/2018, answer due 10/19/2018. (Wood, C.)
August 10, 2018 Opinion or Order Filing 3 ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 8/10/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
August 7, 2018 Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria)
August 7, 2018 Filing 1 COMPLAINT against Empower H.I.S. LLC, Paul L. Nusbaum, health acquisition company LLC, jorge a perez, steven. white filed by C. Brooks Wood on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-5883465. Service due by 11/5/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Letter, #2 Exhibit Agreement, #3 Exhibit Agreement, #4 Exhibit Agreement, #5 Exhibit Email, #6 Exhibit Minutes, #7 Civil Cover Sheet Cover Sheet)(Wood, C.)
August 7, 2018 SUMMONS ISSUED as to Empower H.I.S. LLC, Health Acquisition Company LLC, Paul L. Nusbaum, Jorge A Perez, Steven White. (Woods, Gloria)

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Search for this case: Shaffer et al v. Health Acquisition Company LLC et al
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Defendant: HMC/CAH Consolidated, Inc
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Defendant: Paul L. Nusbaum
Represented By: Andrew Funk
Represented By: Lauren A. Horsman
Represented By: Frank Martin Smith
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Defendant: Health Acquisition Company LLC
Represented By: Andrew Funk
Represented By: Lauren A. Horsman
Represented By: Frank Martin Smith
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Defendant: Steven White
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Defendant: Jorge A Perez
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Defendant: Empower H.I.S. LLC
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Defendant: Empower H.I.S., LLC
Represented By: Lauren A. Horsman
Represented By: Frank Martin Smith
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Defendant: Steven F. White
Represented By: Andrew Funk
Represented By: Lauren A. Horsman
Represented By: Frank Martin Smith
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Defendant: Jorge A. Perez
Represented By: Lauren A. Horsman
Represented By: Frank Martin Smith
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Plaintiff: James Shaffer
Represented By: C. Brooks Wood
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Plaintiff: Phyllis Shaffer
Represented By: C. Brooks Wood
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Plaintiff: HMC/CAH Consolidated, Inc.
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Plaintiff: FLEMCo LLC
Represented By: C. Brooks Wood
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Plaintiff: Debbie Hall
Represented By: C. Brooks Wood
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Plaintiff: Kirk Hall
Represented By: C. Brooks Wood
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Interested party: CSC
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