Cardinal Health Solutions v. Community Medical Center
| Cardinal Health Solutions |
| Community Medical Center |
| 9:2008cv00112 |
| July 30, 2008 |
| US District Court for the District of Montana |
| Contract: Other Office |
| MISSOULA |
| Donald W Molloy |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 14, 2009. A more recent docket listing may be available from PACER.
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Filing 49
ORDER granting #48 Joint Stipulation and Motion to Dismiss with Prejudice. Signed by Judge Donald W. Molloy on 12/14/2009. (dle)
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| Filing 48 Joint MOTION to Dismiss Matthew W. Caligur appearing for Plaintiff Cardinal Health Solutions, Defendant Community Medical Center (Attachments: #1 Text of Proposed Order) (Caligur, Matthew) |
| Filing 47 Minute Entry for Motion Hearing held 10/7/09 before Magistrate Keith Strong RE #46 MOTION for Leave to Supplement Exhibits in Support of Motion to Compel Discovery Responses filed by Cardinal Health Solutions, and #36 MOTION to Compel DISCOVERY RESPONSES filed by Cardinal Health Solutions: Present on behalf of Plaintiffs: Matthew W. Caligur, Peter F. Habein, and Benjamin P. Hursh. Present on behalf of Defendants: Lawrence F. Daly and Kevin A. Twidwell. 3:00 P.M. This motion hearing is being held pursuant to Judge Molloy's Order #38 Referring Case to Magistrate Strong. The Court provides an overview of the matters contained in Judge Molloy's Order. Court denies #46 Motion for Leave to Supplement Exhibits in Support of Motion to Compel Discovery Responses. Court asks counsel for a status report as to the discovery dispute. Cnsl Caligur advises Court that the parties had a productive meeting and Plaintiff accepts the representations of opposing counsel with regard to documents supplemented since motion was filed, and accepts opposing counsel's representation to produce responsive documents. Cnsl Daly concurs with Cnsl Caligur's comments and states they are in the process of identifying the requested documents. The Court states that the representations by the parties are acceptable to the Court; the parties have acted in full compliance with Judge Molloy's Order; and the Court dismisses #36 Motion to Compel Discovery Responses without prejudice. No costs or fees are assessed against either party. Recess: 3:13 p.m. (Court Reporter Betty Robinson.) (SLR, ) |
| Filing 46 MOTION for Leave to File Supplemental Exhibits in Support of Motion to Compel Discovery Responses Matthew W. Caligur appearing for Plaintiff Cardinal Health Solutions (Attachments: #1 Exhibit 2004 Billing Resolution Document, #2 Exhibit 2005 Billing Resolution Document, #3 Exhibit 2006 Billing Resolution Document, #4 Exhibit Declaration of R. Paul Melancon, #5 Exhibit Declaration of R. Dean Graves, #6 Exhibit Declaration of Dennis Stepanik) (Caligur, Matthew) |
| Filing 45 Minute Entry for proceedings held before Magistrate Keith Strong: Status Conference held on 9/29/2009. (SLL, ) |
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Filing 44
Order Setting: ( Motion Hearing set for 10/7/2009 03:00 PM in Great Falls, MT before Magistrate Keith Strong.), Order Vacating Motion Hearing set for 10/1/2009. Signed by Magistrate Keith Strong on 9/29/2009. (SLL, )
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Filing 43
Order Setting: Telephonic Status Conference set for 9/29/2009 09:00 AM before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 9/28/2009. (SLL, )
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Filing 42
TEXTORDER denying #27 Motion to Dismiss. A pleading under Rule 9(b) is sufficient when it identifies the circumstances constituting the fraud such that a defendant can prepare an adequate answer from the allegations. Moore v Kayport Package Exp., Inc. 885 F.2d 531, 540 (9th Cir. 1989). It is possible to allege several individual causes of action based on the same injury. Corporate Air v Edwards Jet Center, 190 P.3d 1111,1124 (Mt. 2008). There are circumstances when potential tort damages are available for contract related torts such as fraud. Story v City of Bozeman 791 P.2d 33,38(Mt. 1985). Community Medical has pled sufficient facts which, when taken as true, set forth actionable claims for fraud, constructive fraud, and for punitive damages. In this case the pleading outlines the nature of the alleged fraud, the parties involved, the time frame in which it allegedly occurred and allows Cardinal Health sufficient notice to prepare an adequate answer and defense based on the allegations. Cardinal Health's motion to dismiss Community Medical's counterclaims of fraud and constructive fraud is DENIED. The claim for punitive damages pursuant to Section 27-1-221 is actionable and dependant on the proof elicited to support the claim. THEREFORE, IT IS ORDERED that the Motion to Dismiss is DENIED.. Signed by Judge Donald W. Molloy on 9/28/2009. (Molloy, Donald)
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| Filing 41 RESPONSE to Motion re #36 MOTION to Compel DISCOVERY RESPONSES filed by Community Medical Center. (Attachments: #1 Exhibit A-J) (Twidwell, Kevin) |
| Filing 40 MOTION to Continue CMC's Unopposed Request to Change Hearing Date Lawrence F. Daly appearing for Defendant Community Medical Center (Daly, Lawrence) |
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Filing 39
Order Setting: Motion Hearing set for 10/1/2009 09:00 AM in Great Falls, MT before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 9/23/2009. (SLL, )
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Filing 38
ORDER REFERRING CASE to Magistrate Keith Strong for the purpose of conducting a hearing on dkt #36 which will be set by separate Order. Motion referred to Keith Strong. Signed by Judge Donald W. Molloy on 9/22/2009. (slp)
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| Filing 37 RESPONSE to Motion re #36 MOTION to Compel DISCOVERY RESPONSES filed by Community Medical Center. (Daly, Lawrence) |
| Filing 36 MOTION to Compel DISCOVERY RESPONSES Benjamin P. Hursh appearing for Plaintiff Cardinal Health Solutions, Counter Defendant Cardinal Health Solutions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hursh, Benjamin) |
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Filing 35
ORDER granting #34 Motion for Protective Order. Signed by Judge Donald W. Molloy on 7/27/2009. (slp)
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| Filing 34 Unopposed MOTION for Protective Order Kevin A. Twidwell appearing for Counter Claimant Community Medical Center, Defendant Community Medical Center (Attachments: #1 Text of Proposed Order Joint Agreed Protective Order of Confidentiality) (Twidwell, Kevin) |
| Filing 33 REPLY to Response to Motion re #27 MOTION to Dismiss Community Medical Center's Fraud Counterclaim filed by Cardinal Health Solutions(Inc., a Delaware Corporation). (Hursh, Benjamin) |
| Filing 32 Cardinal Health Solution's ANSWER to #30 Answer to Complaint, Counterclaim by Cardinal Health Solutions(Inc., a Delaware Corporation). (Hursh, Benjamin) |
| Filing 31 RESPONSE to Motion re #27 MOTION to Dismiss Community Medical Center's Fraud Counterclaim Brief in Opposition filed by Community Medical Center(Inc., a Montana Corporation). (Twidwell, Kevin) |
| Filing 30 FIRST AMENDED ANSWER to #1 Complaint, AFFIRMATIVE DEFENSES with Jury Demand, COUNTERCLAIM against Cardinal Health Solutions by Community Medical Center. (MCN, ) |
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Filing 29
ORDER granting #24 Motion to Amend/Correct Answer, Affirmative Defenses and Counterclaim. Signed by Judge Donald W. Molloy on 7/7/2009. (slp)
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| Filing 28 REPLY to Response to Motion re #24 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaim filed by Community Medical Center. (Twidwell, Kevin) |
| Filing 27 MOTION to Dismiss Community Medical Center's Fraud Counterclaim Benjamin P. Hursh appearing for Counter Defendant Cardinal Health Solutions (Hursh, Benjamin) |
| Filing 26 RESPONSE to Motion re #24 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaim filed by Cardinal Health Solutions. (Hursh, Benjamin) |
| Filing 25 Brief/Memorandum in Support re #24 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaim filed by Community Medical Center. (Twidwell, Kevin) |
| Filing 24 MOTION to Amend/Correct Answer, Affirmative Defenses and Counterclaim Kevin A. Twidwell appearing for Counter Claimant Community Medical Center, Defendant Community Medical Center (Attachments: #1 Exhibit 1 (Amended Answer), #2 Text of Proposed Order) (Twidwell, Kevin) |
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Filing 23
SCHEDULING ORDER: Final Pretrial Conference set for 4/8/2010 01:30 PM in Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 4/19/2010 08:45 AM in Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 6/1/2009. Discovery due by 12/1/2009. Motions due by 1/8/2010.. Signed by Jeremiah C. Lynch on 2/9/2009. (TXB, )
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| Filing 22 Minute Entry for proceedings held before Jeremiah C. Lynch: Initial Pretrial Conference held on 2/6/2009. (TXB, ) |
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Filing 21
ORDER REFERRING CASE to Jeremiah C. Lynch for the limited purpose of conducting the Preliminary Pretrial Conference now set for Friday, February 6, 2009 at 1:30 p.m. at the Russell Smith Courthouse, Missoula, Montana. Signed by Judge Donald W. Molloy on 2/2/2009. (slp)
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| Filing 20 PRELIMINARY PRETRIAL STATEMENT by Community Medical Center. (Twidwell, Kevin) |
| Filing 19 PRELIMINARY PRETRIAL STATEMENT by Cardinal Health Solutions. (Hursh, Benjamin) |
| Filing 18 JOINT DISCOVERY PLAN by Cardinal Health Solutions. (Hursh, Benjamin) |
| Filing 17 NOTICE by Cardinal Health Solutions re #16 Order on Motion to Appear Pro Hac Vice ACKNOWLEDGMENT BY CALIGUR (Attachments: #1 Affidavit Exhibit A - Caligur Affidavit in Support of Acknowledgment) (Hursh, Benjamin) |
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Filing 16
ORDER granting #15 Motion to Appear Pro Hac Vice for Attorney Matthew W. Caligur for Cardinal Health Solutions.. Signed by Judge Donald W. Molloy on 1/12/2009. (MCN, ) Modified on 1/13/2009 e mail to Caligur(MCN, ).
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| Filing 15 MOTION Matthew W. Caligur, Baker Hostetler, LLP to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 09770000000000508404.) Benjamin P. Hursh appearing for Plaintiff Cardinal Health Solutions, Counter Defendant Cardinal Health Solutions (Attachments: #1 Affidavit Matthew W. Caligur) (Hursh, Benjamin) |
| Filing 14 NOTICE by Cardinal Health Solutions of Change of Law Firm Name (L.R. 5.5) (Hursh, Benjamin) |
| Filing 13 CARDINAL HEALTH ANSWER to #8 Answer to Complaint,, Counterclaim, COUNTERCLAIM BY CMC by Cardinal Health Solutions. (Hursh, Benjamin) |
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Filing 12
ORDER granting #2 Motion to Stay or terminate pending arbitration. The arbitration proceedings pending before the American Arbitration Association, Case No. 77 193 Y 00050 08 TNM, are stayed pending the resolution of this matter by the Court. Signed by Judge Donald W. Molloy on 10/14/2008. (slp)
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| Filing 11 NOTICE of Substitution of Counsel by Cardinal Health Solutions (Hursh, Benjamin) |
| Filing 10 RESPONSE to Motion re #2 MOTION to Stay or Terminate Pending AAA Arbitration filed by Community Medical Center. (Twidwell, Kevin) |
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Filing 9
Order Setting: Defendant's Response to Motion to Stay or Terminate Pending Arbitration due by 10/10/2008. Signed by Judge Donald W. Molloy on 10/6/2008. (slp)
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| Filing 8 Community Medical Center ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Cardinal Health Solutions by Community Medical Center. (Attachments: #1 Exhibit A - Demand for Arbitration, #2 Exhibit B - 1st & 2nd Amendments to 2002 Agreement & 2006 Agreement) (Twidwell, Kevin) |
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Filing 7
ORDER granting #5 Motion for Extension of Time to Answer: Community Medical Center answer due 9/24/2008. Signed by Judge Donald W. Molloy on 9/11/2008. (slp)
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| Filing 6 NOTICE of Appearance by Lawrence F. Daly on behalf of Community Medical Center (Daly, Lawrence) |
| Filing 5 Unopposed MOTION for Extension of Time to File Answer Kevin A. Twidwell appearing for Defendant Community Medical Center (Attachments: #1 Text of Proposed Order) (Twidwell, Kevin) |
| Filing 4 SUMMONS Returned Executed by Cardinal Health Solutions. Community Medical Center served on 8/22/2008, answer due 9/11/2008. (Attachments: #1 Exhibit Acknowledgment of Receipt of Summons and Complaint) (Habein, Peter) |
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Filing 3
PRELIMINARY PRETRIAL CONFERENCE ORDER:Preliminary Pretrial Statement due by 1/30/2009. Joint Discovery Plan due by 1/30/2009. Preliminary Pretrial Conference set for 2/6/2009 at 01:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 8/14/2008. (slp)
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| Summons Issued as to Community Medical Center. Mailed to counsel. (MCN, ) |
| Filing 2 MOTION to Stay or Terminate Pending AAA Arbitration Peter F. Habein appearing for Plaintiff Cardinal Health Solutions (Attachments: #1 Exhibit A, #2 Exhibit B) (Habein, Peter) |
| Filing 1 COMPLAINT and Jury Demand against Community Medical Center ( Filing fee $ 350 receipt number 212976.), filed by Cardinal Health Solutions. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Exhibit Summons) (Habein, Peter) |
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