Advanced Physical Therapy, LLC et al v. Apex Physical Therapy, LLC
Plaintiff: Advanced Physical Therapy, LLC, Todd Linebarger and Zachary Ball
Defendant: Apex Physical Therapy, LLC
Case Number: 6:2020cv03043
Filed: February 7, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Roseann Ketchmark
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2020 Opinion or Order Filing 29 SUGGESTIONS in opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III MOTION to dismiss for lack of jurisdiction filed by Derek Adam Ankrom on behalf of Plaintiffs Advanced Physical Therapy, LLC, Zachary Ball, Todd Linebarger. Reply suggestions due by 4/17/2020 unless otherwise directed by the court. (Related document(s) #23 ) (Ankrom, Derek)
April 3, 2020 Opinion or Order Filing 28 SUGGESTIONS in opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts I and II MOTION to dismiss for lack of jurisdiction as to Counts I and II filed by Derek Adam Ankrom on behalf of Plaintiffs Advanced Physical Therapy, LLC, Zachary Ball, Todd Linebarger. Reply suggestions due by 4/17/2020 unless otherwise directed by the court. (Related document(s) #21 ) (Ankrom, Derek)
April 1, 2020 Opinion or Order Filing 27 ORDER denying without prejudice #26 motion for extension of time to hold mediation pursuant to Section V. C. of the general MAP order. Requests for extensions are to be made to the Director. Signed on 4/1/20 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan)
March 31, 2020 Opinion or Order Filing 26 MOTION for extension of time to hold MAP Mediation filed by Matthew A Jacober on behalf of Apex Physical Therapy, LLC. Suggestions in opposition/response due by 4/14/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Jacober, Matthew)
March 25, 2020 Opinion or Order Filing 25 DESIGNATION OF MEDIATOR naming Ron Mitchell(Ankrom, Derek)
March 20, 2020 Opinion or Order Filing 24 SUGGESTIONS in support re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III MOTION to dismiss for lack of jurisdiction filed by Matthew A Jacober on behalf of Defendant Apex Physical Therapy, LLC. (Related document(s) #23 ) (Jacober, Matthew)
March 20, 2020 Opinion or Order Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III, MOTION to dismiss for lack of jurisdiction filed by Matthew A Jacober on behalf of Apex Physical Therapy, LLC. Suggestions in opposition/response due by 4/3/2020 unless otherwise directed by the court. (Jacober, Matthew)
March 20, 2020 Opinion or Order Filing 22 SUGGESTIONS in support re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts I and II MOTION to dismiss for lack of jurisdiction as to Counts I and II filed by Matthew A Jacober on behalf of Defendant Apex Physical Therapy, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #21 ) (Jacober, Matthew)
March 20, 2020 Opinion or Order Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts I and II, MOTION to dismiss for lack of jurisdiction as to Counts I and II filed by Matthew A Jacober on behalf of Apex Physical Therapy, LLC. Suggestions in opposition/response due by 4/3/2020 unless otherwise directed by the court. (Jacober, Matthew)
March 16, 2020 Opinion or Order Filing 20 SCHEDULING ORDER: Discovery due by 12/31/2020. Dispositive Motions due by 1/29/2021. Status Conference set for 12/9/2020 10:30 AM via teleconference; Initial Pretrial Conference set for 6/4/2021 01:30 PM in Courtroom 2, Springfield (VJC) before District Judge Roseann Ketchmark; Final Pretrial Conference set for 7/2/2021 01:30 PM in Courtroom 2, Springfield (VJC) before District Judge Roseann Ketchmark; and Jury Trial set for 7/5/2021 08:30 AM in Courtroom 2, Springfield (VJC) before District Judge Roseann Ketchmark. Signed on March 16, 2020 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
March 11, 2020 Opinion or Order Filing 19 REPORT of Rule 26(f) planning meeting. (Ankrom, Derek)
March 10, 2020 Opinion or Order Filing 18 DEMAND for Trial by Jury by Advanced Physical Therapy, LLC, Zachary Ball, Todd Linebarger. (Ankrom, Derek)
March 6, 2020 Opinion or Order Filing 17 SUGGESTIONS in opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #9 MOTION to dismiss for lack of jurisdiction MOTION to dismiss for lack of prosecution filed by Derek Adam Ankrom on behalf of Plaintiffs Advanced Physical Therapy, LLC, Zachary Ball, Todd Linebarger. Reply suggestions due by 3/20/2020 unless otherwise directed by the court. (Related document(s) #11 , #9 ) (Ankrom, Derek)
March 6, 2020 Opinion or Order Filing 16 AMENDED COMPLAINT First Amended Complaint against Apex Physical Therapy, LLC filed by Derek Adam Ankrom on behalf of Advanced Physical Therapy, LLC, Todd Linebarger, Zachary Ball. (Attachments: #1 Exhibit 1 - Memorandum and Order, #2 Exhibit 2 - Apex's Foreign LLC Registration, #3 Exhibit 3 - Apex's Missouri Locations, #4 Exhibit 4 - Apex's Trademark Registrations, #5 Exhibit 5 - Fictitious Name Registrations, #6 Exhibit 6 - Apex's Franchise Disclosure Document, #7 Exhibit 7 - Apex's Original Complaint, #8 Exhibit 8 - Request and Order Appointing Missouri Process Server, #9 Exhibit 9 - Returns of Service in Missouri, #10 Exhibit 10 - Apex's First Amended Complaint)(Ankrom, Derek)
February 28, 2020 Opinion or Order Filing 15 ORDER granting Plaintiffs' #14 motion for extension of time. Plaintiffs' deadline to file suggestions in opposition to Defendant's motions to dismiss (Docs. #9 , #11 ) is 3/6/2020. Signed on 2/28/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Phillips, Caleb)
February 28, 2020 Opinion or Order Filing 14 MOTION for extension of time to Respond to Defendant's Motions to Dismiss (ECF Nos. 9 and 11) filed by Derek Adam Ankrom on behalf of Advanced Physical Therapy, LLC, Zachary Ball, Todd Linebarger. Suggestions in opposition/response due by 3/13/2020 unless otherwise directed by the court. (Ankrom, Derek)
February 14, 2020 Opinion or Order Filing 13 SUGGESTIONS in support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew A Jacober on behalf of Defendant Apex Physical Therapy, LLC. (Related document(s) #11 ) (Jacober, Matthew)
February 14, 2020 Opinion or Order Filing 12 SUGGESTIONS in support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew A Jacober on behalf of Defendant Apex Physical Therapy, LLC. (Related document(s) #11 ) (Jacober, Matthew)
February 14, 2020 Opinion or Order Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew A Jacober on behalf of Apex Physical Therapy, LLC. Suggestions in opposition/response due by 2/28/2020 unless otherwise directed by the court. (Jacober, Matthew)
February 14, 2020 Opinion or Order Filing 10 SUGGESTIONS in support re #9 MOTION to dismiss for lack of jurisdiction MOTION to dismiss for lack of prosecution filed by Matthew A Jacober on behalf of Defendant Apex Physical Therapy, LLC. (Related document(s) #9 ) (Jacober, Matthew)
February 14, 2020 Opinion or Order Filing 9 MOTION to dismiss for lack of jurisdiction , MOTION to dismiss for lack of prosecution filed by Matthew A Jacober on behalf of Apex Physical Therapy, LLC. Suggestions in opposition/response due by 2/28/2020 unless otherwise directed by the court. (Jacober, Matthew)
February 12, 2020 Opinion or Order 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)
February 10, 2020 Opinion or Order Filing 8 RULE 16 NOTICE. Rule 26 conference due by 3/11/2020.Proposed scheduling order due by 3/25/2020. Signed on February 10, 2020 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
February 7, 2020 Opinion or Order Filing 7 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)(Siegert, Karen)
February 7, 2020 Opinion or Order Filing 6 NOTICE of appearance by Brooke M Wheelwright on behalf of Apex Physical Therapy, LLC (Attorney Brooke M Wheelwright added to party Apex Physical Therapy, LLC(pty:dft))(Wheelwright, Brooke)
February 7, 2020 Opinion or Order Filing 5 NOTICE of appearance by Jackson Hobbs on behalf of Apex Physical Therapy, LLC (Attorney Jackson Hobbs added to party Apex Physical Therapy, LLC(pty:dft))(Hobbs, Jackson)
February 7, 2020 Opinion or Order Filing 4 NOTICE of filing Proof of Filing Notice of Removal in State Court by Apex Physical Therapy, LLC re #1 Notice of Removal, (Jacober, Matthew)
February 7, 2020 Opinion or Order Filing 3 NOTICE of filing of Disclosure of Corporation Interests by Apex Physical Therapy, LLC (Jacober, Matthew)
February 7, 2020 Opinion or Order Filing 2 NOTICE of appearance by Matthew A Jacober on behalf of Apex Physical Therapy, LLC (Jacober, Matthew)
February 7, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL from Greene County Circuit Court County, case number 2031-CC00006, Apex Physical Therapy, LLC. Filing fee $ 400, receipt number AMOWDC-6716760. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Jacober, Matthew)

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Plaintiff: Advanced Physical Therapy, LLC
Represented By: Derek Adam Ankrom
Represented By: Jason C. Smith
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Plaintiff: Todd Linebarger
Represented By: Derek Adam Ankrom
Represented By: Jason C. Smith
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Plaintiff: Zachary Ball
Represented By: Derek Adam Ankrom
Represented By: Jason C. Smith
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Defendant: Apex Physical Therapy, LLC
Represented By: Jackson Hobbs
Represented By: Matthew A Jacober
Represented By: Brooke M Wheelwright
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