Shaffer et al v. Health Acquisition Company LLC et al
| James Shaffer, Phyllis Shaffer, HMC/CAH Consolidated, Inc., FLEMCo LLC, Debbie Hall and Kirk Hall |
| 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 |
| CSC |
| 4:2018cv00601 |
| August 7, 2018 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Jackson |
| Nanette K Laughrey |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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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)
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| 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.) |
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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)
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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)
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| 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) |
| 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) |
| 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.) |
| 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.) |
| 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) |
| 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). |
| 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) |
| 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.) |
| 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.) |
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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)
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| 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.) |
| 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) |
| 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). |
| 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) |
| 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) |
| 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.) |
| 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) |
| Filing 172 RETURN OF SERVICE (non cmp) AG Schmidt (Wood, C.) |
| Filing 171 RETURN OF SERVICE (non cmp) Brancart (Wood, C.) |
| 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.) |
| 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.) |
| 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) |
| 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.) |
| Filing 166 ANSWER to #160 Amended Complaint, (Fourth) on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew) |
| 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) |
| 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) |
| Filing 165 NOTICE of filing Unable to Forward Service of Process notice as to HMC/CAH by CSC (Houston, Kiambu) |
| Filing 162 RETURN OF SERVICE (non cmp) Dan Hiben (Wood, C.) |
| 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.) |
| 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.) |
| 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.) |
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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).
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| 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.) |
| 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.) |
| 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.) |
| 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) |
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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)
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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)
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| 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.) |
| Filing 150 STATUS REPORT Parties' Joint Status Report by Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White. (Funk, Andrew) |
| 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.) |
| 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.) |
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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).
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| 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.) |
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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)
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| 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) |
| 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.) |
| 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.) |
| 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) |
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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)
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| Filing 139 RETURN OF SERVICE (non cmp) Subpoena Reboot (Wood, C.) |
| Filing 138 RETURN OF SERVICE (non cmp) Subpoena Mike Reese (Wood, C.) |
| 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.) |
| 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.) |
| 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.) |
| Filing 134 RETURN OF SERVICE (non cmp) Subpoena - Perry (Wood, C.) |
| Filing 133 RETURN OF SERVICE (non cmp) Subpoena - Noble (Wood, C.) |
| Filing 132 RETURN OF SERVICE (non cmp) Subpoena Aetna (Wood, C.) |
| 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.) |
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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)
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| Filing 129 RETURN OF SERVICE (non cmp) Subpoena Branch Banking (Wood, C.) |
| Filing 128 RETURN OF SERVICE (non cmp) Subpoena Emergency Dictation (Wood, C.) |
| Filing 127 RETURN OF SERVICE (non cmp) BCBSOK subpoena (Wood, C.) |
| 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.) |
| 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) |
| 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.) |
| 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) |
| Filing 122 RETURN OF SERVICE (non cmp) subpoena - BCBSOK (Wood, C.) |
| 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) |
| Filing 121 DESIGNATION OF MEDIATOR naming Richard McLeod(Funk, Andrew) |
| Filing 120 RETURN OF SERVICE (non cmp) Subpoena for records (Wood, C.) |
| 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.) |
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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)
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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)
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| 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) |
| Filing 115 ANSWER to #111 Amended Complaint (Third) on behalf of Health Acquisition Company LLC, Paul L. Nusbaum, Steven F. White.(Funk, Andrew) |
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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)
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| 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) |
| Filing 112 DEMAND for Trial by Jury by FLEMCo LLC, Debbie Hall, Kirk Hall. (Wood, C.) |
| 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.) |
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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)
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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).
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| 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) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| Filing 100 RETURN OF SERVICE (non cmp) (Wood, C.) |
| 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) |
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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)
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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)
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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)
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| 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) |
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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)
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| 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.) |
| 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) |
| 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.) |
| Filing 90 RETURN OF SERVICE (non cmp) (Wood, C.) |
| 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) |
| Filing 88 RETURN OF SERVICE (non cmp) (Wood, C.) |
| 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) |
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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)
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| Filing 85 NOTICE of filing of intent to issue subpoena by FLEMCo LLC, James Shaffer, Phyllis Shaffer (Wood, C.) |
| 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) |
| 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) |
| Filing 83 NOTICE of filing by Jorge Perez re 77 Order,, Add and Terminate Attorneys, (Smith, Frank) |
| 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) |
| 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.) |
| Filing 80 RETURN OF SERVICE (non cmp) (Wood, C.) |
| Filing 79 RETURN OF SERVICE (non cmp) (Wood, C.) |
| Filing 78 RETURN OF SERVICE (non cmp) (Wood, C.) |
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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)
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| 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) |
| Filing 75 RETURN OF SERVICE (non cmp) (Wood, C.) |
| Filing 74 RETURN OF SERVICE (non cmp) (Wood, C.) |
| Filing 73 RETURN OF SERVICE (non cmp) (Wood, C.) |
| 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) |
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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)
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| 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) |
| 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) |
| 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.) |
| 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.) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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.) |
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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)
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| 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) |
| 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) |
| 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.) |
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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)
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| 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). |
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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)
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| Filing 53 RESPONSE TO ORDER TO SHOW CAUSE by James Shaffer, Phyllis Shaffer. (Attachments: #1 Affidavit Aff. re Show Cause)(Wood, C.) |
| 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.) |
| 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.) |
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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)
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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)
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| Filing 48 RETURN OF SERVICE (non cmp) (Wood, C.) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
| 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.) |
| 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.) |
| 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) |
| Filing 35 DESIGNATION OF MEDIATOR naming Richard McLeod(Wood, C.) |
| 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.) |
| Filing 33 CERTIFICATE OF SERVICE by All Plaintiffs filed by C. Brooks Wood on behalf of Plaintiffs James Shaffer, Phyllis Shaffer.(Wood, C.) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 28 RETURN OF SERVICE (non cmp) US Bank (Wood, C.) |
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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)
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| 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) |
| Filing 25 RULES OF TRIAL. Signed on 11/15/18 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
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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)
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| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
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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)
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| 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.) |
| 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.) |
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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)
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| 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) |
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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)
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| 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) |
| 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). |
| 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) |
| 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) |
| Filing 9 NOTICE of change of address by C. Brooks Wood (Wood, C.) |
| SUMMONS ISSUED as to HMC/CAH Consolidated, Inc.. (Woods, Gloria) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
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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)
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| 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) |
| 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.) |
| 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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