Focus Respiratory, LLC v. Midwest Respiratory Care, Inc. et al
Plaintiff: Focus Respiratory, LLC
Defendant: Edward C Delashmutt, Edward A Delashmutt, Michael J Hall, Midwest Respiratory Care, Inc., Michael J. Hall, Edward A. Delashmutt and Edward C. Delashmutt
Case Number: 8:2020cv00142
Filed: April 13, 2020
Court: US District Court for the District of Nebraska
Presiding Judge: Susan M Bazis
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2020 Opinion or Order Filing 23 JUDGMENT - Pursuant to the Order of Dismissal entered on today's date, the above-captioned case is dismissed with prejudice, with each party to pay its own costs. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
June 22, 2020 Opinion or Order Filing 22 ORDER OF DISMISSAL - that the Joint Stipulation for Dismissal with Prejudice (Filing No. #21 ) is approved and granted. The above-captioned case is dismissed with prejudice, with each party to pay its own costs. Judgment will be entered by separate document. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
June 19, 2020 Filing 21 JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Attorney Timothy J. Thalken on behalf of Plaintiff Focus Respiratory, LLC.(Thalken, Timothy)
May 27, 2020 Opinion or Order Filing 20 ORDER - Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of court, together with submitting to the trial judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The clerk of court is directed to terminate the pretrial and trial settings, and any hearings set in this case. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
May 4, 2020 Opinion or Order Filing 19 TEXT ORDER - The parties have advised that they plan to participate in mediation on May 26, 2020, and have requested that Defendants' deadline to file a responsive pleading be extended to accommodate this mediation. The parties' request is granted. Defendants' deadline to answer or otherwise respond to the Complaint is extended to June 9, 2020. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
April 21, 2020 Filing 18 TEXT ORDER granting Motion for Admission Pro Hac Vice #17 for attorney Richard A. Mitchell. Ordered by Deputy Clerk. (JLS)
April 21, 2020 Filing 17 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4149407 by Attorney Richard A. Mitchell on behalf of Plaintiff Focus Respiratory, LLC.(Mitchell, Richard)
April 21, 2020 Filing 16 TEXT ORDER granting Motion for Admission Pro Hac Vice #14 for attorney Morgan E.M. Harrison. Ordered by Deputy Clerk. (JLS)
April 21, 2020 Filing 15 NOTICE of Appearance by Attorney John P. Passarelli on behalf of Defendants Edward A. Delashmutt, Edward C. Delashmutt, Michael J. Hall, Midwest Respiratory Care, Inc. (Passarelli, John)
April 21, 2020 Filing 14 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4149132 by Attorney Morgan E. M. Harrison on behalf of Plaintiff Focus Respiratory, LLC.(Harrison, Morgan)
April 20, 2020 Filing 13 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Great Elm DME, Inc., Corporate Parent Great Elm DME Holdings, Inc., Corporate Parent Great Elm Capital Group, Inc. for Focus Respiratory, LLC. by Attorney Timothy J. Thalken on behalf of Plaintiffs Focus Respiratory, LLC, Great Elm DME, Inc., Great Elm DME Holdings, Inc., Great Elm Capital Group, Inc..(Thalken, Timothy)
April 16, 2020 Filing 12 SUMMONS Returned Executed upon defendant Edward A. Delashmutt on 4/15/2020. (Thalken, Timothy)
April 16, 2020 Filing 11 SUMMONS Returned Executed upon defendant Michael J. Hall on 4/15/2020. (Thalken, Timothy)
April 14, 2020 Filing 10 Summons Issued as to defendants Edward A. Delashmutt, Edward C. Delashmutt, Michael J. Hall, and Midwest Respiratory Care, Inc. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM)
April 14, 2020 Filing 9 Summons Requested as to Michael J. Hall regarding Complaint, #1 . (Thalken, Timothy)
April 14, 2020 Filing 8 Summons Requested as to Edward C. Delashmutt regarding Complaint, #1 . (Thalken, Timothy)
April 14, 2020 Filing 7 Summons Requested as to regarding Complaint, #1 . (Thalken, Timothy)
April 14, 2020 Filing 6 Summons Requested as to Midwest Respiratory Care, Inc. regarding Complaint, #1 . (Thalken, Timothy)
April 14, 2020 Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Focus Respiratory, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
April 14, 2020 Filing 4 ATTORNEY LETTER by Clerk that Attorney Morgan E. M. Harrison has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM)
April 14, 2020 Filing 3 ATTORNEY LETTER by Clerk that Attorney Richard A. Mitchell has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM)
April 14, 2020 Filing 2 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Susan M. Bazis assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM)
April 13, 2020 Filing 1 COMPLAINT with jury demand against All Defendants ( Filing fee $ 400, receipt number ANEDC-4145153), by Attorney Timothy J. Thalken on behalf of Focus Respiratory, LLC (Attachments: #1 Exhibit Asset Purchase Agreement, #2 Exhibit The Madison Letter, #3 Exhibit Notice of Claim Letter)(Thalken, Timothy)

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Plaintiff: Focus Respiratory, LLC
Represented By: Timothy J. Thalken
Represented By: Richard A. Mitchell
Represented By: Morgan E. M. Harrison
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Defendant: Edward C Delashmutt
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Defendant: Edward A Delashmutt
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Defendant: Michael J Hall
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Defendant: Midwest Respiratory Care, Inc.
Represented By: John P. Passarelli
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Defendant: Michael J. Hall
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Defendant: Edward A. Delashmutt
Represented By: John P. Passarelli
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Defendant: Edward C. Delashmutt
Represented By: John P. Passarelli
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