Harris Law Firm, LLP v. Martinez et al
| Harris Law Firm, LLP dba Richard Harris Law Firm and Harris Law Firm, LLP doing business as Richard Harris Law Firm |
| Enrico Fazzini, M.D., Daniel L. Burkhead, M.D., LTD dba Innovative Pain Care Center, MD Spine Solutions, LLC dba MD Labs, Andrew M. Cash, M.D., P.C., dba Desert Institute of Spine Care, Theodore M. Thorp M.D., Prof Corp., Plusfour, Inc., Teamsters Local 631 Trust Funds, Canyon Medical Billing, LLC, William S. Muir, M.D., LTD., dba William Muir, MD Spine Surgery, Shadow Emergency Physicians, PLLC, Lynn Naila Martinez, Apex Medical Center, Matthew G. Roach, D.C., Prof. Corp dba Weston Chiropractic, Raxo Drugs, Inc., Valley Health System, LLC dba Spring Valley Hospital Medical Center, Woodward Ave., LLC dba Innovative Procedural and Surgical Center, Aargon Agency, INC d/b/a Aargon Collection Agency, Ellis, Bandt, Birkin, Kollins, & Wong, Prof. Corp. dba Desert Radiologists, Smart Asset Investments, LLC, A&M Chiropracitc Wellness Center, LLC, Las Vegas Pharmacy, Inc., Naila Lynn Martinez, Aargon Agency, Inc doing business as Aargon Collection Agency, Andrew M. Cash, M.D., P.C. doing business as Desert Institute of Spine Care, Ellis, Bandt, Birkin, Kollins, & Wong, Prof. Corp. doing business as Desert Radiologists, Daniel L. Burkhead, M.D., LTD doing business as Innovative Pain Care Center, Woodward Ave., LLC doing business as Innovative Procedural and Surgical Center, MD Spine Solutions, LLC doing business as MD Labs, Valley Health System, LLC doing business as Spring Valley Hospital Medical Center, Matthew G. Roach, D.C., Prof. Corp doing business as Weston Chiropractic and William S. Muir, M.D., LTD. doing business as William Muir, MD Spine Surgery |
| Harris Law Firm, LLP |
| 2:2017cv02827 |
| November 8, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Miranda M Du |
| Nancy J Koppe |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on July 3, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 73 NOTICE of Entry of Stipulation and Order for Disbursement and Dismissal by Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 72 NOTICE of Entry of Default Judgment by Harris Law Firm, LLP. (Weller, Kristina) |
Filing 71
ORDER granting ECF No. #69 Stipulation for Disbursement and Dismissal. See Order for further details and information. Signed by Judge Miranda M. Du on 7/2/2018. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 70 DEFAULT JUDGMENT, pursuant to ECF No. #68 Motion for Default Judgment, in favor of Harris Law Firm, LLP against A&M Chiropracitc Wellness Center, LLC, Andrew M. Cash, M.D., P.C., Apex Medical Center, Ellis, Bandt, Birkin, Kollins, & Wong, Prof. Corp., Las Vegas Pharmacy, Inc., MD Spine Solutions, LLC, Plusfour, Inc., Raxo Drugs, Inc., Shadow Emergency Physicians, PLLC, Valley Health System, LLC, Naila Lynn Martinez. Signed by Judge Miranda M. Du on 7/2/2018. (Copies have been distributed pursuant to the NEF - KW) |
| Filing 69 Proposed STIPULATION and Order for Disbursement and Dismissal by Plaintiff Harris Law Firm, LLP, Counter Defendant Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 68 MOTION for Default Judgment and Declaration in Support by Plaintiff Harris Law Firm, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Weller, Kristina) |
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Filing 67
ORDER DENYING without prejudice ECF No. #65 Motion for Default Judgment. A renewed motion shall be filed within 14 days of the issuance of this order as specified herein. Signed by Magistrate Judge Nancy J. Koppe on 6/14/2018. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 66 Joint STATUS REPORT by Plaintiff Harris Law Firm, LLP, Counter Defendant Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 65 MOTION for Default Judgment by Plaintiff Harris Law Firm, LLP, Counter Defendant Harris Law Firm, LLP. (Attachments: #1 Exhibit 1) (Weller, Kristina) |
| Filing 64 Clerk's ENTRY OF DEFAULT as to A&M Chiropracitc Wellness Center, LLC, Andrew M. Cash, M.D., P.C., Apex Medical Center, Ellis, Bandt, Birkin, Kollins, & Wong, Prof. Corp., MD Spine Solutions, LLC, Naila Lynn Martinez re ECF No. #61 Motion for Entry of Clerks Default. (DRM) |
| Filing 63 ANSWER re #1 Petition for Removal,, filed by Daniel L. Burkhead, M.D., LTD, Woodward Ave., LLC. (Attachments: #1 Declaration)(Garfinkel, Louis) |
| Filing 62 MINUTES OF PROCEEDINGS - Scheduling Conference held on 5/16/2018 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Pla Counsel: Kristina R. Weller, Esq.; Def Counsel: Marisa Guarino, Esq., Ira S. Levine, Esq., Jonathan B. Lee, Esq., & Bryce C. Loveland, Esq.; Time of Hearing: 10:06 AM - 10:10 AM; Recording start and end times: 10:06:09 - 10:10:53; Courtroom: 3A; Plaintiff's counsel and Defendants' counsel are present. The Court makes preliminary statements and hears the representation of counsel as to the remaining defaults and discovery in this case. For the reasons stated on the record, IT IS ORDERED that the rest of the defaults must be filed by Wednesday, May 23, 2018. IT IS FURTHER ORDERED that a final Stipulation and Proposed Order must be by Monday, July 9, 2018. (no image attached) (Copies have been distributed pursuant to the NEF - AC) |
| Filing 61 Second MOTION for Entry of Clerk's Default by Plaintiff Harris Law Firm, LLP, Counter Defendant Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 60 Amended STATUS REPORT by Plaintiff Harris Law Firm, LLP, Counter Defendant Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 59 Clerk's ENTRY OF DEFAULT as to Las Vegas Pharmacy, Inc., Plusfour, Inc., Raxo Drugs, Inc., Shadow Emergency Physicians, PLLC, Valley Health System, LLC re #57 Motion for Entry of Clerks Default. (LH) |
| Filing 58 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 5/11/2018. Please take notice that Judge Du has made changes to her Civil Standing Order. The most current Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 57 MOTION for Entry of Clerk's Default by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 56 PROPOSED DEFAULT as to Las Vegas Pharmacy, Inc.; Plusfour, Inc.; Raxo Drugs, Inc.; Shadow Emergency Physicians, PLLC and Valley Health System, LLC re ECF No. #51 Order (LH) Modified on 5/8/2018 to link order (LH). |
| Filing 55 SUMMONS Returned Executed as to Las Vegas Pharmacy, Inc.; Plusfour, Inc.; Raxo Drugs, Inc.; Shadow Emergency Physicians, PLLC and Valley Health System, LLC. (LH) |
| Filing 54 SUMMONS ISSUED as to MD Spine Solutions, LLC. (LH) |
| Filing 53 PROPOSED SUMMONS to be issued MD Spine Solutions, LLC by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 52 WAIVER OF SERVICE Returned Executed by Harris Law Firm, LLP. MD Spine Solutions, LLC waiver sent on 5/4/2018, answer due 7/3/2018. (Weller, Kristina) |
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Filing 51
ORDER that motions for default be filed by 5/10/2018. Hearing set for 5/16/2018 at 10:00 A.M. in LV Courtroom 3A before Magistrate Judge Nancy J. Koppe. Counsel for Plaintiff, Canyon Medical Billing, Enrico Fazzini, Smart Asset Investments, and Teamsters Local 631 Trust Funds shall attend hearing. Signed by Magistrate Judge Nancy J. Koppe on 5/3/2018. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 50 Third STATUS REPORT by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 49 NOTICE of Intent to Take Default and Default Judgment by Harris Law Firm, LLP. (Weller, Kristina) |
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Filing 48
ORDER - The parties shall file a status report by May 3, 2018, and every 45 days thereafter. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS. Signed by Magistrate Judge Nancy J. Koppe on 3/20/2018. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 47 Joint STATUS REPORT by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 46 SUMMONS Returned Executed by Harris Law Firm, LLP. Naila Lynn Martinez served on 12/18/2017, answer due 1/8/2018. (Weller, Kristina) |
| Filing 45 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Petition for Removal* in this action was filed on* 11/8/2017.* To date no proper proof of service has been filed as to*Naila Lynn Martinez.* FRCP 4(m) dismissal deadline set for 4/4/2018. (WJ) |
| Filing 44 CERTIFICATE of Interested Parties by Smart Asset Investments, LLC. There are no known interested parties other than those participating in the case (Garfinkel, Louis) |
| Filing 43 ANSWER re #1 Petition for Removal,, to Complaint in Interpleader filed by Smart Asset Investments, LLC.(Garfinkel, Louis) Modified text on 1/19/2018 (BLG). |
| Filing 42 ANSWER to #41 Answer to Complaint Counterclaim, filed by Harris Law Firm, LLP.(Weller, Kristina) Modified on 1/16/2018. (BLG). |
| Filing 41 ANSWER to Complaint (, Discovery Plan/Scheduling Order due by 2/25/2018.), COUNTERCLAIM against Harris Law Firm, LLP by Teamsters Local 631 Trust Funds. filed by Teamsters Local 631 Trust Funds.(Loveland, Bryce) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 40 MINUTES OF PROCEEDINGS - Scheduling Conference held on 1/4/2018 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Pla Counsel: Kristina R. Weller, Esq.; Def Counsel: Bryce C. Loveland, Esq.; Time of Hearing: 1:06 PM - 1:08 PM; Recording start and end times: 1:06:37 - 1:08:54; Courtroom: 3B; Plaintiff's counsel and Defense counsel for Teamsters Local 631 Trust Funds are present. The Court makes preliminary statements and notes that counsel for Canyon Medical Billing, LLC, and Enrico Fazzini, M.D., are not present. The Court hears the representations of counsel as to discovery and the status of this case. For the reasons stated on the record, IT IS ORDERED that a Status Report must be filed in forty-five (45) days from today's date and every forty-five (45) days thereafter. (no image attached) (Copies have been distributed pursuant to the NEF - AC) |
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Filing 39
ORDER granting ECF No. #37 Motion to Continue. Scheduling Conference rescheduled for 1:00 P.M. on 1/4/2018 in LV Courtroom 3B before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 12/28/2017. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 38 NOTICE of Appearance by attorney Jonathan B. Lee on behalf of Defendant Enrico Fazzini, M.D.. (Lee, Jonathan) |
| Filing 37 MOTION to Continue Hearing by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 36 NOTICE: Attorney Action Required to #35 Motion to Continue Hearing. Attorney Kristina Weller advised to comply with LR IA 10-2 and use the proper court title on your document. This is the United States District Court and not Clark County. Please refile your corrected document as a notice of corrected image and link to motion #35 . (no image attached) (WJ) |
| Filing 35 MOTION to Continue Hearing re #17 Order on Ex Parte Motion,,, by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 34 SUMMONS Returned Executed by Harris Law Firm, LLP. Raxo Drugs, Inc. served on 12/18/2017, answer due 1/8/2018. (Weller, Kristina) |
| Filing 33 SUMMONS ISSUED as to Raxo Drugs, Inc.. (DRM) |
| Filing 32 PROPOSED SUMMONS to be issued by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 31 SUMMONS Returned Executed by Harris Law Firm, LLP. Shadow Emergency Physicians, PLLC served on 11/28/2017, answer due 12/19/2017. (Weller, Kristina) |
| Filing 30 SUMMONS Returned Executed by Harris Law Firm, LLP. Plusfour, Inc. served on 11/28/2017, answer due 12/19/2017. (Weller, Kristina) |
| Filing 29 SUMMONS Returned Executed by Harris Law Firm, LLP. Las Vegas Pharmacy, Inc. served on 11/28/2017, answer due 12/19/2017. (Weller, Kristina) |
| Filing 28 SUMMONS Returned Executed by Harris Law Firm, LLP. Ellis, Bandt, Birkin, Kollins, & Wong, Prof. Corp. served on 11/28/2017, answer due 12/19/2017. (Weller, Kristina) |
| Filing 27 SUMMONS Returned Executed by Harris Law Firm, LLP. Andrew M. Cash, M.D., P.C. served on 12/6/2017, answer due 12/27/2017. (Weller, Kristina) |
| Filing 26 SUMMONS Returned Executed by Harris Law Firm, LLP. Valley Health System, LLC served on 11/28/2017, answer due 12/19/2017. (Weller, Kristina) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Harris Law Firm, LLP. Teamsters Local 631 Trust Funds waiver sent on 12/12/2017, answer due 2/10/2018. (Weller, Kristina) |
| Filing 24 Joint STATUS REPORT by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 23 SUMMONS Returned Executed by Harris Law Firm, LLP. A&M Chiropracitc Wellness Center, LLC served on 12/1/2017, answer due 12/22/2017. (Weller, Kristina) |
| Filing 22 SUMMONS Returned Executed by Harris Law Firm, LLP. Apex Medical Center served on 12/1/2017, answer due 12/22/2017. (Weller, Kristina) |
| Filing 21 CERTIFICATE OF SERVICE for #3 Minute Order Removal Case, by Defendant Teamsters Local 631 Trust Funds. (Loveland, Bryce) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Harris Law Firm, LLP. Woodward Ave., LLC waiver sent on 11/27/2017, answer due 1/26/2018. (Weller, Kristina) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Harris Law Firm, LLP. Daniel L. Burkhead, M.D., LTD waiver sent on 11/27/2017, answer due 1/26/2018. (Weller, Kristina) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Harris Law Firm, LLP. Smart Asset Investments, LLC waiver sent on 11/27/2017, answer due 1/26/2018. (Weller, Kristina) |
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Filing 17
ORDER granting ECF No. #15 motion for a scheduling conference; Scheduling Conference set for 1/4/2018 at 10:00 A.M. in LV Courtroom 3B before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 11/27/2017. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 16 Summons Issued as to A&M Chiropracitc Wellness Center, LLC, Andrew M. Cash, M.D., P.C., Apex Medical Center, Ellis, Bandt, Birkin, Kollins, & Wong, Prof. Corp., Las Vegas Pharmacy, Inc., Naila Lynn Martinez, Plusfour, Inc., Shadow Emergency Physicians PLLC, and Valley Health System, LLC re ECF No. #1 Petition for Removal. (Attachments: #1 Valley Health System, LLC, #2 Shadow Emergency Physicians, PLL, #3 Plusfour Inc, #4 Las Vegas Pharmacy, Inc., #5 Ellis, Bandt, Birkin, Kollins, & Wong, Prof. Corp., #6 Apex Medical Center, #7 Andrew M. Cash, #8 A&M Chiropracitc Wellness Center, LLC) (LH) Modified on 11/27/2017 to correct typo (LH). |
| Filing 15 EX PARTE MOTION for LR-22 Scheduling Conference by Plaintiff Harris Law Firm, LLP. (Weller, Kristina) |
| Filing 14 NOTICE of Disclaimer of Interest by William S. Muir, M.D., Ltd. dba William Muir, MD Spine Surgery by Harris Law Firm, LLP. (Attachments: #1 Exhibit Disclaimer)(Weller, Kristina) |
| Filing 13 ACCEPTANCE OF SERVICE by William S. Muir, M.D., LTD. on 10/11/2017 executed by Harris Law Firm, LLP. (Attachments: #1 Exhibit Acceptance)(Weller, Kristina) |
| Filing 12 NOTICE of Disclaimer of Interest by Matthew G. Roach, D.C., Prof. Corp. dba Weston Chiropractic by Harris Law Firm, LLP. (Attachments: #1 Exhibit Disclaimer)(Weller, Kristina) |
| Filing 11 NOTICE of Disclaimer of Interest by Theodore M. Thorp M.D., Prof Corp. by Harris Law Firm, LLP. (Attachments: #1 Exhibit Disclaimer)(Weller, Kristina) |
| Filing 10 ACCEPTANCE OF SERVICE by Theodore M. Thorp M.D., Prof Corp. on 10/11/2017 executed by Harris Law Firm, LLP. (Attachments: #1 Exhibit Acceptance)(Weller, Kristina) |
| Filing 9 ACCEPTANCE OF SERVICE by MD Spine Solutions, LLC on 10/16/2017 executed by Harris Law Firm, LLP. (Attachments: #1 Exhibit Acceptance)(Weller, Kristina) |
| Filing 8 NOTICE of Disclaimer of Interest by Aargon Collection Agency by Harris Law Firm, LLP. (Attachments: #1 Exhibit Disclaimer)(Weller, Kristina) |
| Filing 7 ACCEPTANCE OF SERVICE by Aargon Agency, Inc on 10/10/2017 executed by Harris Law Firm, LLP. (Attachments: #1 Exhibit Acceptance)(Weller, Kristina) |
| Filing 6 CERTIFICATE of Interested Parties by Harris Law Firm, LLP. There are no known interested parties other than those participating in the case (Weller, Kristina) |
| Filing 5 PROPOSED SUMMONS to be issued by Plaintiff Harris Law Firm, LLP. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Weller, Kristina) |
| Filing 4 STATEMENT REGARDING REMOVAL by Defendant Teamsters Local 631 Trust Funds. (Loveland, Bryce) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 11/9/2017. Statement regarding removed action is due by 11/24/2017. Joint Status Report regarding removed action is due by 12/9/2017. (Copies have been distributed pursuant to the NEF - ADR) |
| Case assigned to Judge Miranda M. Du and Magistrate Judge Nancy J. Koppe. (ADR) |
| Filing 2 CERTIFICATE of Interested Parties filed by Teamsters Local 631 Trust Funds. There are no known interested parties other than those participating in the case . (Loveland, Bryce) |
| Filing 1 PETITION FOR REMOVAL from District Court of Clark County, Nevada, Case Number A-17-762138-C, (Filing fee $ 400 receipt number 0978-4849321), filed by Teamsters Local 631 Trust Funds. Proof of service due by 12/25/2017. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A and B)(Loveland, Bryce) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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