Blue Cross and Blue Shield of Kansas City v. GS Labs LLC
| Blue Cross and Blue Shield of Kansas City |
| GS Labs LLC |
| Gabriel M. Sullivan |
| 8:2021cv00466 |
| December 7, 2021 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Susan M Bazis |
| Other Statutory Actions |
| None |
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Filing 32
TEXT ORDER - On January 12, 2022, a telephone conference was held regarding Non-Party Gabriel Sullivan's Motion to Quash Non-Party Subpoena Duces Tecum and Motion for Protective Order #1 , as well as Plaintiff's Motion to Enforce Subpoena Duces Tecum and Compel Deposition #14 . These motions were granted, in part, via text order entered on January 12, 2022 30 . This Court specifically found that Mr. Sullivan had been properly served with the subpoena duces tecum and that this Court has jurisdiction over this matter. For purposes of specificity as to the findings on the record during the telephone conference, the Court states the following: As to Request No. 1 in the subpoena duces tecum, Mr. Sullivan is only required to produce any contracts, assignments or other agreements between him and GS Labs that GS Labs has not already produced. As to Request No. 2, Plaintiff shall rephrase the question to clarify that it applies to communications between Mr. Sullivan and others on Mr. Sullivan's own electronic devices, such as personal email. The scope of this Request is limited to Nebraska, Kansas, and Missouri. As to Request Nos. 3 and 4, Mr. Sullivan has represented that there are no responsive documents. As to Request No. 5, Mr. Sullivan does not need to produce any documents. These documents must come from GS Labs. However, Mr. Sullivan can be questioned about any documents received or sent to government agencies and/or attorney generals regarding nationwide pricing and quality control regarding GS Labs. Mr. Sullivan can be questioned about the reason for his termination from LMMC, LLC, but cannot get into specifics regarding billing practices of LMMC, LLC because this would violate the protective order in Nebraska case 8:19CV560. However, Mr. Sullivan can be questioned about his knowledge of billing practices and where he gained this knowledge. All other rulings made on the record during the telephone conference stand. Further, all provisions of the text order entered on January 12, 2022 are not modified or superseded by this text order. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 31 AUDIO FILE. Court Date & Time [ 1/12/2022 2:00:59 PM ]. File Size [ 26848 KB ]. Run Time [ 01:51:52 ]. (Telephone Conference). (auto-docket). |
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Filing 30
TEXT ORDER - A telephone conference was held regarding Non-Party Gabriel Sullivan's Motion to Quash Non-Party Subpoena Duces Tecum and Motion for Protective Order #1 , as well as Plaintiff's Motion to Enforce Subpoena Duces Tecum and Compel Deposition #14 . Mr. Sullivan argues he was not served with the subpoena duces tecum and, consequently, this Court lacks jurisdiction over this dispute. Plaintiff maintains, however, that Mr. Sullivan has been properly served because his counsel, Jordan Adam, accepted service on his behalf. Based on the submissions of the parties and, for the reasons stated on the record during the telephone conference on January 12, 2022, the undersigned finds Mr. Adam did accept service on behalf of Mr. Sullivan. Therefore, the undersigned finds this Court has jurisdiction over this matter. The scope of the subpoena duces tecum is limited as set forth on the record. Plaintiff shall provide all attorneys with a revised notice of deposition in accordance with the limitations discussed during the call by January 26, 2022. Mr. Sullivan shall assert any objections to the amended notice by February 2, 2022. Therefore, the Motion to Quash Non-Party Subpoena Duces Tecum and Motion for Protective Order #1 and Plaintiffs Motion to Enforce Subpoena Duces Tecum and Compel Deposition #14 are granted, in part, as stated on the record. The parties shall confer regarding the scheduling and means of Mr. Sullivan's deposition. If the deposition occurs remotely, any documents to be used during the deposition shall be provided to counsel within 24 hours of the deposition. If the deposition is conducted in person, appropriate safety protocols must be in place, as discussed on the record. The parties shall notify the Court when Mr. Sullivan's deposition has taken place. The parties shall do so within 7 days of the deposition. At that time, this case will be closed. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 29 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Susan M. Bazis. Telephone hearing regarding Non-Party Gabriel Sullivan's Motion to Quash Non-Party Subpoena Duces Tecum and Motion for Protective Order #1 and Plaintiff's Motion to Enforce Subpoena Duces Tecum and Compel Deposition #14 held on 1/12/2022. (LRH) |
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Filing 28
TEXT ORDER granting #27 Motion to Withdraw as Attorney. David C. Hollander is terminated as counsel of record. The Clerk of Court shall terminate future notices to him in this matter. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 27 MOTION to Withdraw as Attorney by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City.(Schwartz, Aaron) |
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Filing 26
TEXT ORDER: A telephonic hearing regarding the pending motions filed in this case will be held on 1/12/2022 at 2:00 p.m. before Magistrate Judge Susan M. Bazis. Telephone conference instructions are found at Filing No. #25 . Ordered by Magistrate Judge Susan M. Bazis. (RMW) Modified on 12/30/2021 to correct text(RMW).
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Filing 25
RESTRICTED TELEPHONE CONFERENCE INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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| Filing 24 REPLY BRIEF in support of MOTION to Quash NonParty Subpoena Duces Tecum and Motion for Protective Order ( Filing fee $ 402, receipt number ANEDC-4533337) #1 by Attorney Robert W. Futhey on behalf of Movant Gabriel M. Sullivan.(Futhey, Robert) |
| Filing 23 REPLY regarding MOTION to Compel Deposition of Gabe Sullivan and Enforce Subpoena Duces Tecum #14 by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City.(Schwartz, Aaron) |
| Filing 22 INDEX in opposition to MOTION to Quash NonParty Subpoena Duces Tecum and Motion for Protective Order ( Filing fee $ 402, receipt number ANEDC-4533337) #1 by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration of A. Schwartz)(Schwartz, Aaron) |
| Filing 21 BRIEF in opposition to MOTION to Quash NonParty Subpoena Duces Tecum and Motion for Protective Order ( Filing fee $ 402, receipt number ANEDC-4533337) #1 by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City.(Schwartz, Aaron) |
| Filing 20 INDEX in opposition to MOTION to Compel Deposition of Gabe Sullivan and Enforce Subpoena Duces Tecum #14 by Attorney Robert W. Futhey on behalf of Movant Gabriel M. Sullivan. (Attachments: #1 Exhibit 1)(Futhey, Robert) |
| Filing 19 BRIEF in opposition to MOTION to Compel Deposition of Gabe Sullivan and Enforce Subpoena Duces Tecum #14 by Attorney Robert W. Futhey on behalf of Movant Gabriel M. Sullivan.(Futhey, Robert) |
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Filing 18
REASSIGNMENT ORDER - IT IS ORDERED that in the interest of judicial economy, this case is reassigned to Magistrate Judge Susan M. Bazis for judicial supervision and remains assigned to Senior District Judge Joseph F. Bataillon for disposition. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing 17
TEXT ORDER - After review of the docket, the court orders the following briefing schedule on the pending motions: Blue Cross and Blue Shield of Kansas shall file a brief in response to Non-party Gabe Sullivan's Motion to Quash #1 on or before December 16, 2021. Non-party Gabe Sullivan shall file a brief in response to Plaintiff's Motion to Compel #14 on or before December 16, 2021. Briefs in reply to both motions may be filed on or before December 21, 2021. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 16 INDEX in support of MOTION to Compel Deposition of Gabe Sullivan and Enforce Subpoena Duces Tecum #14 by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Affidavit of A. Schwartz, #2 Exhibit A- G)(Schwartz, Aaron) |
| Filing 15 BRIEF in support of MOTION to Compel Deposition of Gabe Sullivan and Enforce Subpoena Duces Tecum #14 by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City.(Schwartz, Aaron) |
| Filing 14 MOTION to Compel Deposition of Gabe Sullivan and Enforce Subpoena Duces Tecum by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City.(Schwartz, Aaron) |
| Filing 13 TEXT ORDER granting Motion for Admission Pro Hac Vice, #12 for attorney Aaron E. Schwartz. Ordered by Deputy Clerk. (JLS) |
| Filing 12 MOTION for Admission Pro Hac Vice of Aaron Schwartz Filing fee $ 100, receipt number ANEDC-4534015 by Attorney Aaron E. Schwartz on behalf of Plaintiff Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Affidavit Exhibit A)(Schwartz, Aaron) |
| Filing 11 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant GS Labs 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. (LKO) |
| Filing 10 ATTORNEY LETTER by Clerk that Attorney Tim Garrison has not registered for admittance to practice or 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. (LKO) |
| Filing 9 ATTORNEY LETTER by Clerk that Attorney Matthew Diehr has not registered for admittance to practice or 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. (LKO) |
| Filing 8 ATTORNEY LETTER by Clerk that Attorney Jeffrey B. Jensen has not registered for admittance to practice or 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. (LKO) |
| Filing 7 ATTORNEY LETTER by Clerk that Attorney Christina Moore has not registered for admittance to practice or 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. (LKO) |
| Filing 6 ATTORNEY LETTER by Clerk that Attorney David C. Hollander has not registered for admittance to practice or 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. (LKO) |
| Filing 5 ATTORNEY LETTER by Clerk that Attorney Aaron E. Schwartz has not registered for admittance to practice or 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. (LKO) |
| Filing 4 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Michael D. Nelson 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. (LKO) |
| Filing 3 INDEX in support of MOTION to Quash NonParty Subpoena Duces Tecum and Motion for Protective Order ( Filing fee $ 402, receipt number ANEDC-4533337) #1 by Attorney Robert W. Futhey on behalf of Movant Gabriel M. Sullivan. (Attachments: #1 Exhibit 1)(Futhey, Robert) |
| Filing 2 BRIEF in support of MOTION to Quash NonParty Subpoena Duces Tecum and Motion for Protective Order ( Filing fee $ 402, receipt number ANEDC-4533337) #1 by Attorney Robert W. Futhey on behalf of Movant Gabriel M. Sullivan.(Futhey, Robert) |
| Filing 1 MOTION to Quash NonParty Subpoena Duces Tecum and Motion for Protective Order ( Filing fee $ 402, receipt number ANEDC-4533337), by Attorney Robert W. Futhey on behalf of Gabriel M. Sullivan(Futhey, Robert) |
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