Bio-Medical Applications of Missouri, Inc. et al v. Prime Healthcare Welfare Benefits Plan et al
| Bio-Medical Applications of Missouri, Inc., Bio-Medical Applications of New Jersey, Inc., Fresenius Medical Care Montclair, LLC, Fresenius Medical Care Belleville, LLC, NNA - Saint Barnabas, LLC and NNA of Harrison, LLC |
| Prime Healthcare Welfare Benefits Plan, Prime Healthcare Services, Inc. and Prime Healthcare Foundation, Inc. |
| 4:2022cv00302 |
| May 6, 2022 |
| US District Court for the Western District of Missouri |
| Fernando J Gaitan |
| Labor: E.R.I.S.A. |
| 42 U.S.C. § 1395 HHS: Adverse Reimbursement Review |
| None |
Docket Report
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This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 DESIGNATION OF MEDIATOR naming Honorable Michael J. Reagan(Andersen, Alison) |
Filing 31
ORDER - DENYING #20 defendant's motion to dismiss case. DENYING without prejudice #26 plaintiff's motion for leave to file Sur-reply. Signed on 10/13/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
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| 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 30 DESIGNATION OF MEDIATOR naming Honorable Michael J. Reagan(Andersen, Alison) |
| 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 29 DESIGNATION OF MEDIATOR naming Honorable Michael J. Reagan(Andersen, Alison) |
| Filing 28 SUGGESTIONS in opposition re #26 MOTION for leave to file sur-reply filed by Kathleen Cahill Slaught on behalf of Defendants Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., Prime Healthcare Welfare Benefits Plan. Reply suggestions due by 8/11/2022 unless otherwise directed by the court. (Related document(s) #26 ) (Slaught, Kathleen) |
| Filing 27 REPORT of Rule 26(f) planning meeting. (Andersen, Alison) |
| Filing 26 MOTION for leave to file sur-reply filed by Alison Andersen on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/28/2022 unless otherwise directed by the court. (Attachments: #1 Ex. 1 - Plaintiffs' Sur-Reply in Response to Defendants' Motion to Dismiss)(Andersen, Alison) |
| Filing 25 REPLY SUGGESTIONS to motion re #20 MOTION to dismiss case filed by Jeffrey R. Fink on behalf of Defendants Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., Prime Healthcare Welfare Benefits Plan. (Related document(s) #20 ) (Fink, Jeffrey) |
| Filing 24 RETURN OF WAIVER OF SERVICE filed by NNA of Harrison, LLC, Fresenius Medical Care Montclair, LLC, Bio-Medical Applications of New Jersey, Inc., Bio-Medical Applications of Missouri, Inc., Fresenius Medical Care Belleville, LLC, NNA - Saint Barnabas, LLC. Waiver sent to Prime Healthcare Welfare Benefits Plan on 6/8/2022, answer due 8/8/2022. (Mims, Arsenio) |
| Filing 23 SUGGESTIONS in opposition re #20 MOTION to dismiss case filed by Alison Andersen on behalf of Plaintiffs Bio-Medical Applications of Missouri, Inc., Bio-Medical Applications of New Jersey, Inc., Fresenius Medical Care Belleville, LLC, Fresenius Medical Care Montclair, LLC, NNA - Saint Barnabas, LLC, NNA of Harrison, LLC. Reply suggestions due by 6/30/2022 unless otherwise directed by the court. (Related document(s) #20 ) (Andersen, Alison) |
| Filing 22 NOTICE of appearance by Jeffrey R. Fink on behalf of Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., Prime Healthcare Welfare Benefits Plan (Attorney Jeffrey R. Fink added to party Prime Healthcare Foundation, Inc.(pty:dft), Attorney Jeffrey R. Fink added to party Prime Healthcare Services, Inc.(pty:dft), Attorney Jeffrey R. Fink added to party Prime Healthcare Welfare Benefits Plan(pty:dft))(Fink, Jeffrey) |
| 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) |
| Filing 21 SUGGESTIONS in support re #20 MOTION to dismiss case filed by Ashton K. Dietrich on behalf of Defendants Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., Prime Healthcare Welfare Benefits Plan. (Attachments: #1 Exhibit Declaration of Phyllis Armstrong and Exhibits A-F)(Related document(s) #20 ) (Dietrich, Ashton) |
| Filing 20 MOTION to dismiss case filed by Ashton K. Dietrich on behalf of All Defendants. Suggestions in opposition/response due by 6/16/2022 unless otherwise directed by the court. (Dietrich, Ashton) |
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Filing 19
RULE 16 NOTICE. Rule 26 conference due by 7/6/2022. Proposed scheduling order due by 7/20/2022. Signed on 6/2/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
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Filing 18
ORDER granting #17 motion to appear pro hac vice entered by Clerk of Court. Attorney Kathleen Cahill Slaught for Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., and Prime Healthcare Welfare Benefits Plan 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. (Warren, Melissa)
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| Filing 17 Motion to allow Kathleen Cahill Slaught to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7957772) filed by Ashton K. Dietrich on behalf of All Defendants. (Dietrich, Ashton) |
| Filing 16 DISCLOSURE OF CORPORATE INTERESTS filed by Ashton K. Dietrich on behalf of Defendants Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., Prime Healthcare Welfare Benefits Plan.(Dietrich, Ashton) |
| Filing 15 NOTICE of appearance by Ashton K. Dietrich on behalf of All Defendants (Attorney Ashton K. Dietrich added to party Prime Healthcare Foundation, Inc.(pty:dft), Attorney Ashton K. Dietrich added to party Prime Healthcare Services, Inc.(pty:dft), Attorney Ashton K. Dietrich added to party Prime Healthcare Welfare Benefits Plan(pty:dft))(Dietrich, Ashton) |
| Filing 14 RETURN OF SERVICE of complaint executed by All Plaintiffs. Prime Healthcare Services, Inc. served on 5/12/2022, answer due 6/2/2022. (Mims, Arsenio) |
| Filing 13 RETURN OF SERVICE of complaint executed by All Plaintiffs. Prime Healthcare Foundation, Inc. served on 5/12/2022, answer due 6/2/2022. (Mims, Arsenio) |
| SUMMONS REISSUED as to Prime Healthcare Welfare Benefits Plan. (Woods, Gloria) |
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Filing 12
ORDER granting #9 , #10 , #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Alison L. Andersen, Caroline T. English and Matille Bowden for Bio-Medical Applications of Missouri, Inc., Bio-Medical Applications of New Jersey, Inc., Fresenius Medical Care Belleville, LLC, Fresenius Medical Care Montclair, LLC, NNA - Saint Barnabas, LLC and NNA of Harrison, LLC 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. (Berner, Crystal)
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| Filing 11 Motion to allow Mattie Bowden to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7929917) filed by Arsenio Lenell Mims on behalf of All Plaintiffs. (Mims, Arsenio) |
| Filing 10 Motion to allow Caroline Turner English to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7929911) filed by Arsenio Lenell Mims on behalf of All Plaintiffs. (Mims, Arsenio) |
| Filing 9 Motion to allow Alison Lima Andersen to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7929869) filed by Arsenio Lenell Mims on behalf of All Plaintiffs. (Mims, Arsenio) |
| SUMMONS REISSUED as to Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., Prime Healthcare Welfare Benefits Plan. (Woods, Gloria) |
| Filing 8 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 7 DISCLOSURE OF CORPORATE INTERESTS filed by Arsenio Lenell Mims on behalf of Plaintiff NNA of Harrison, LLC.(Mims, Arsenio) |
| Filing 6 DISCLOSURE OF CORPORATE INTERESTS filed by Arsenio Lenell Mims on behalf of Plaintiff NNA - Saint Barnabas, LLC.(Mims, Arsenio) |
| Filing 5 DISCLOSURE OF CORPORATE INTERESTS filed by Arsenio Lenell Mims on behalf of Plaintiff Fresenius Medical Care Montclair, LLC.(Mims, Arsenio) |
| Filing 4 DISCLOSURE OF CORPORATE INTERESTS filed by Arsenio Lenell Mims on behalf of Plaintiff Fresenius Medical Care Belleville, LLC.(Mims, Arsenio) |
| Filing 3 DISCLOSURE OF CORPORATE INTERESTS filed by Arsenio Lenell Mims on behalf of Plaintiff Bio-Medical Applications of New Jersey, Inc..(Mims, Arsenio) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Arsenio Lenell Mims on behalf of Plaintiff Bio-Medical Applications of Missouri, Inc..(Mims, Arsenio) |
| Filing 1 COMPLAINT against All Defendants filed by Arsenio Lenell Mims on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7920722. Service due by 8/4/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Mims, Arsenio) |
| SUMMONS ISSUED as to Prime Healthcare Foundation, Inc., Prime Healthcare Services, Inc., Prime Healthcare Welfare Benefits Plan. (Woods, Gloria) |
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