United States of America et al v. Robert C. Wood II et al
| United States of America, State of California, Ted Switzer and Dixie Switzer |
| Robert C. Wood, II, Access Medical, LLC, APSW, LLC, TDSW, LLC, Sean Early, Michael Maguire, The Timberline Group, LLC, Thomas Parfenchuck, Gregory Oetting, Augusta Spinal Associates, LLC, University Health Services, Inc., Archie Perry, Thomas Dunn, Kainalu, LLC, Access Medical, LLC doing business as Access Medical Orthopedics, Aramt Group LLC and Alpine Medical Management Group, LLC |
| 2:2023cv00999 |
| June 29, 2023 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| Anne R Traum |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3730 Qui Tam False Claims Act |
| Both |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 132
MOTION to Dismiss #127 Amended Complaint by Defendants Thomas Dunn, Kainalu, LLC, Archie Perry, TDSW, LLC. Responses due by 10/10/2023. (Carlucci, Thomas)
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Filing 131
SUMMONS Returned Executed by Dixie Switzer re #130 Summons Issued, #127 Amended Complaint, #126 Order on Motion to Extend/Shorten Time,. Alpine Medical Management Group, LLC served on 9/12/2023; Aramt Group LLC served on 9/12/2023. (Park, Grace)
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Filing 130
SUMMONS ISSUED as to Alpine Medical Management Group, LLC and Aramt Group, LLC re #127 Amended Complaint. (RGDG)
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Filing 129
CERTIFICATE OF SERVICE for #127 Amended Complaint, #126 Order on Motion to Extend/Shorten Time, by Plaintiff Dixie Switzer.. (Park, Grace)
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Filing 128
PROPOSED SUMMONS to be issued to Aramat Group, LLC and Alpine Medical Management Group, LLC by Plaintiff Dixie Switzer. (Park, Grace)
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Filing 127
SECOND First AMENDED COMPLAINT with Jury Demand against All Defendants by Dixie Switzer. Adds and removes parties. (Park, Grace) Modified on 9/6/2023 (WJ).
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Filing 126
ORDER Granting #125 Motion to Extend Time. Amended Complaint deadline: 9/5/2023. Responses due by 9/26/2023. Signed by Magistrate Judge Nancy J. Koppe on 8/18/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 125
Joint MOTION to Extend Time (First Request) Relator's First Amended Complaint re #123 Order on Discovery Plan and Scheduling Order,,, by Plaintiff Dixie Switzer. Responses due by 8/31/2023. (Attachments: #1 Proof of Service)(Park, Grace) (amend)
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Filing 124
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (KF)
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Filing 123
SCHEDULING ORDER Granting #122 Discovery Plan and Scheduling Order. Discovery due by 3/8/2024. Motions due by 4/8/2024. Proposed Joint Pretrial Order due by 5/8/2024. Signed by Magistrate Judge Nancy J. Koppe on 8/4/2023. (Copies have been distributed pursuant to the NEF - KF)
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Filing 122
Stipulated Discovery Plan and Scheduling Order by Plaintiff Dixie Switzer.. (Attachments: #1 Proof of Service)(Park, Grace)
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Filing 121
SCHEDULING ORDER Denying Without Prejudice #119 Discovery Plan and Scheduling Order. Revised Discovery Plan and Scheduling Order due by 8/3/2023. Signed by Magistrate Judge Nancy J. Koppe on 7/27/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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Filing 120
ORDER Denying Without Prejudice #118 Stipulation. Signed by Magistrate Judge Nancy J. Koppe on 7/27/2023.(Copies have been distributed pursuant to the NEF - RGDG)
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Filing 119
Stipulated Discovery Plan and Scheduling Order by Plaintiff Dixie Switzer.. (Park, Grace)
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Filing 118
Joint STIPULATION RE: Deadlines for Relators' First Amended Complaint and Provisional Briefing Schedule by Plaintiff Dixie Switzer. (Park, Grace) (other) (pleading)
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Filing 117
ORDER. IT IS ORDERED that #110 Report is Denied without prejudice. Discovery Plan/Scheduling Order due by 7/26/2023. Signed by Magistrate Judge Nancy J. Koppe on 7/19/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 116
ORDER granting #114 Verified Petition for Grace Y. Park Permission to Practice Pro Hac Vice and approving Designation of Local Counsel Roger Wenthe. Signed by District Judge Anne R. Traum on 7/17/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - RGDG)
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Filing 115
EXHIBIT to #114 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff Dixie Switzer.. (Wenthe, Roger)
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Filing 114
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Grace Park and DESIGNATION of Local Counsel Roger Wenthe (Filing fee $ 250 receipt number ANVDC-7361222) by Plaintiff Dixie Switzer. (Wenthe, Roger)
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Filing 113
NOTICE of Appearance by attorney Roger Wayne Wenthe on behalf of Plaintiff Dixie Switzer. (Wenthe, Roger)
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Filing 112
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Thomas F. Carlucci, Claire Kathleen Mitchell, J Paul Gignac, Grace Y Park, Justin T Berger, Emanuel Ben Levi Townsend, Matthew C Kilman to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 7/13/2023. (no image attached) (JQC)
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Filing 111
Case transferred in from District of California Central; Case Number 2:18-cv-08118. Original file with transfer order and docket sheet received. (JQC)
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Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Nancy J. Koppe. (JQC)
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Filing 110
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Plaintiffs Dixie Switzer, Ted Switzer.. (Park, Grace) [Transferred from California Central on 6/29/2023.]
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Filing 109
ORDER by Judge Cormac J. Carney, Granting Stipulation (1) EXTENDING DEADLINE FOR PHYSICIAN DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT; AND (2) SETTING PROVISIONAL BRIEFING SCHEDULE AND HEARING DATE FOR MOTION TO DISMISS FIRST AMENDED COMPLAINT #108 . The deadline by which the Physician Defendants are required to respond to the First Amended Complaint, by motion, answer, or otherwise, shall be extended to June 30, 2023; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 108
STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, #106 filed by Defendants Sean Early, Michael Maguire. (Attachments: #1 Proposed Order)(Mitchell, Claire) [Transferred from California Central on 6/29/2023.]
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Filing 107
PROOF OF SERVICE filed by Relators Dixie Switzer, Ted Switzer, re Amended Complaint/Petition, #106 (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 106
First AMENDED COMPLAINT against Defendants Access Medical, LLC, Sean Early, M.D., Michael Maguire, M.D., Timberline Group LLC, Robert C. Wood, II amending Complaint - (Discovery),, #1 , filed by Relators Dixie Switzer, Ted Switzer (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 105
ORDER GRANTING DEFENDANTS MOTION TO SEVER, TRANSFER, AND/OR DISMISS, DENYING WITHOUT PREJUDICE MOTIONS TO DISMISS FOR FAILURE TO STATE A CLAIM, AND DENYING MOTIONS TO DISMISS FOR FAILURE TO SUBSTITUTE A PARTY [Dkts. 70, 71, 72, 75, 93] by Judge Cormac J. Carney: RE: #70 , #71 , #72 , #75 , #93 . Relators are ORDERED to file by June 5, 2023, an amended complaint alleging claims against the California Defendants and claims against the Non-Physician Defendants arising from the same conduct and events. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 104
ORDER by Judge Cormac J. Carney: Granting #97 MOTION to be Substituted as Relator for Ted Switzer. Accordingly, the hearing scheduled for May 22, 2023, is vacated and removed from the calendar. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)[Transferred from California Central on 6/29/2023.]
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Filing 103
REPLY in support of NOTICE OF MOTION AND MOTION to Substitute Dixie Switzer, as Executor to the Estate of Ted Switzer, for Ted Switzer, #97 as Relator filed by Plaintiffs Dixie Switzer, Ted Switzer. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 102
JOINDER filed by Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck joining in Objection/Opposition (Motion related) #100 . (Athey, Joel) [Transferred from California Central on 6/29/2023.]
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Filing 101
JOINDER IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Substitute Dixie Switzer, as Executor to the Estate of Ted Switzer, for Ted Switzer, #97 filed by Defendant University Health Services, Inc.. (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 100
Opposition re: NOTICE OF MOTION AND MOTION to Substitute Dixie Switzer, as Executor to the Estate of Ted Switzer, for Ted Switzer, #97 filed by Defendants Sean Early, Michael Maguire. (Mitchell, Claire) [Transferred from California Central on 6/29/2023.]
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Filing 99
REPLY filed by Defendants Thomas Dunn, Kainalu, LLC, Archie Perry, TDSW, LLC to Response #98 Relators' Response to Order to Show Cause (Carlucci, Thomas) [Transferred from California Central on 6/29/2023.]
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Filing 98
RESPONSE filed by Plaintiffs Dixie Switzer, Ted Switzerto Order to Show Cause,,, #89 (Park, Grace) [Transferred from California Central on 6/29/2023.]
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Filing 97
NOTICE OF MOTION AND MOTION to Substitute Dixie Switzer, as Executor to the Estate of Ted Switzer, for Ted Switzer, filed by Relators Dixie Switzer, Ted Switzer. Motion set for hearing on 5/22/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Grace Y. Park, #2 Exhibit 1 to Declaration of Grace Y. Park, #3 Exhibit 2 to Declaration of Grace Y. Park, #4 Proposed Order) (Park, Grace) [Transferred from California Central on 6/29/2023.]
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Filing 96
ORDER by Judge Cormac J. Carney: Granting #91 Non-Resident Attorney David Brooks K. Hudson APPLICATION to Appear Pro Hac Vice on behalf of Defendants, designating Joel M. Athey as local counsel. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 95
ORDER by Judge Cormac J. Carney, Granting Joint Stipulation To Extend Deadlines Under FED.R.CIV.P.26(F) #94 . The deadline for the parties to confer under Federal Rule of Civil Procedure 26(f) is extended until 14 days after the Court issues its rulings on the Defendants pending motions to dismiss, sever, and/or transfer and this Courts show cause order dated March 31, 2023. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 94
Joint STIPULATION for Extension of Time to File joint report and discovery plan and to confer under FRCP 26(f) filed by Defendant University Health Services, Inc.. (Attachments: #1 Proposed Order)(Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 93
RESPONSE filed by Defendants Thomas Dunn, Kainalu, LLC, Archie Perry, TDSW, LLCto Order to Show Cause,,, #89 (Carlucci, Thomas) [Transferred from California Central on 6/29/2023.]
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Filing 92
NOTICE of Appearance filed by attorney Thomas F Carlucci on behalf of Defendants Kainalu, LLC, TDSW, LLC (Attorney Thomas F Carlucci added to party Kainalu, LLC(pty:dft), Attorney Thomas F Carlucci added to party TDSW, LLC(pty:dft))(Carlucci, Thomas) [Transferred from California Central on 6/29/2023.]
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Filing 91
APPLICATION of Non-Resident Attorney David Brooks K. Hudson to Appear Pro Hac Vice on behalf of Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck (Pro Hac Vice Fee - $500.00 Previously Paid on 3/28/2023, Receipt No. 35035836) filed by Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck. (Attachments: #1 Proposed Order) (Athey, Joel) [Transferred from California Central on 6/29/2023.]
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Filing 90
ORDER by Judge Cormac J. Carney: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney David Brooks K. Hudson to Appear Pro Hac Vice on behalf of Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35035836) #87 , for the following reasons: Uiscrepancy in parties represented. Application has Thomas Patenchuck,MU and Gregory Oetting, MD, but proposed order has Thomas Pafenchuck, MD and Gregory Oetting, MD and Augusta Spinal Associates, LLC. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 89
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE WHY CERTAIN DEFENDANTS WERE PROPERLY JOINED AND WHY DISMISSAL OR TRANSFER OF VENUE FOR CLAIMS AGAINST CERTAIN DEFENDANTS IS NOT APPROPRIATE by Judge Cormac J. Carney. The Court hereby ORDERS Nevada Defendants and Relators to show cause in writing why the claims against Nevada Defendants and the related claims against Non-Physician Defendants should not be severed for improper joinder under Rule 21 or be dismissed or transferred to the U.S. District Court for the District of Nevada or another venue under Rule 12(b)(3), 28 U.S.C. 1404(a), or 28 U.S.C. 1406(a). Nevada Defendants shall file a single, joint response by April 17, 2023, Relators shall file a single, joint response by April 24, 2023, and Nevada Defendants shall file a single, joint reply by May 1, 2023. Response to Order to Show Cause due by 4/17/2023. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 88
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney David Brooks K. Hudson to Appear Pro Hac Vice on behalf of Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35035836) #87 . The following error(s) was/were found: Discrepancy in parties represented. Application has Thomas Pafenchuck, MD and Gregory Oetting, MD, but proposed order has Thomas Pafenchuck, MD and Gregory Oetting, MD and Augusta Spinal Associates, LLC. (lt) [Transferred from California Central on 6/29/2023.]
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Filing 87
[STRICKEN PURSUANT TO #90] APPLICATION of Non-Resident Attorney David Brooks K. Hudson to Appear Pro Hac Vice on behalf of Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35035836) filed by Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck. (Attachments: #1 Proposed Order) (Athey, Joel) Modified on 3/31/2023 (twdb). [Transferred from California Central on 6/29/2023.]
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Filing 86
REPLY In Support NOTICE OF MOTION AND MOTION to Sever , TRANSFER, OR DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3), 12(b)(6), 9(b) AND 21 #70 filed by Defendant University Health Services, Inc.. (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 85
REPLY In Support Of NOTICE OF MOTION AND MOTION to Sever TRANSFER, OR DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3), 12(b)(6), 9(b), and 21 AND 28 U.S.C. Sect. 1404(a) #75 filed by Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck. (Athey, Joel) [Transferred from California Central on 6/29/2023.]
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Filing 84
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case #71 filed by Defendants Sean Early, Michael Maguire. (Gignac, J) [Transferred from California Central on 6/29/2023.]
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Filing 83
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Defendants Thomas Dunn, Archie Perry #72 filed by Defendants Thomas Dunn, Archie Perry. (Carlucci, Thomas) [Transferred from California Central on 6/29/2023.]
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Filing 82
NOTICE of Interested Parties filed by Defendants Thomas Dunn, Archie Perry, identifying Thomas Dunn, M.D., Archie Perry, M.D., APSW, LLC, and TDSW, LLC. (Carlucci, Thomas) [Transferred from California Central on 6/29/2023.]
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Filing 81
NOTICE of Interested Parties filed by Defendants Sean Early, Michael Maguire, (Gignac, J) [Transferred from California Central on 6/29/2023.]
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Filing 80
MEMORANDUM in Opposition to Defendants Thomas Parfenchuck, M.D., Gregory Oetting, M.D., and Augusta Spinal Associates, LLC's Motion to Dismiss Relators' Complaint filed by Plaintiffs Dixie Switzer, Ted Switzer. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 79
MEMORANDUM in Opposition to Defendants Sean Early, M.D. and Michael Maguire, M.D.'s Motion to Dismiss Relators' Complaint filed by Plaintiffs Dixie Switzer, Ted Switzer. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 78
MEMORANDUM in Opposition to Defendants Thomas Dunn, M.D. and Archie Perry, M.D.'s Motion to Dismiss Relators' Complaint filed by Plaintiffs Dixie Switzer, Ted Switzer. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 77
MEMORANDUM in Opposition to Defendant University Health Services, Inc.'s Motion to Dismiss Relators' Complaint filed by Plaintiffs Dixie Switzer, Ted Switzer. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 76
NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on May 11, 2023. (rrp) [Transferred from California Central on 6/29/2023.]
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Filing 75
NOTICE OF MOTION AND MOTION to Sever TRANSFER, OR DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3), 12(b)(6), 9(b), and 21 AND 28 U.S.C. Sect. 1404(a) filed by Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Exhibit A - Declaration of Brooks K. Hudson, #2 Proposed Order) (Athey, Joel) [Transferred from California Central on 6/29/2023.]
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Filing 74
NOTICE of Interested Parties filed by Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck, (Athey, Joel) [Transferred from California Central on 6/29/2023.]
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Filing 73
NOTICE of Appearance filed by attorney Joel M. Athey on behalf of Defendants Augusta Spinal Associates, LLC, Gregory Oetting, Thomas Parfenchuck (Attorney Joel M. Athey added to party Augusta Spinal Associates, LLC(pty:dft), Attorney Joel M. Athey added to party Gregory Oetting(pty:dft), Attorney Joel M. Athey added to party Thomas Parfenchuck(pty:dft))(Athey, Joel) [Transferred from California Central on 6/29/2023.]
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Filing 72
NOTICE OF MOTION AND MOTION to Dismiss Defendants Thomas Dunn, Archie Perry filed by Defendants Thomas Dunn, Archie Perry. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Attorney Thomas F Carlucci added to party Thomas Dunn(pty:dft), Attorney Thomas F Carlucci added to party Archie Perry(pty:dft)) (Carlucci, Thomas) [Transferred from California Central on 6/29/2023.]
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Filing 71
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Sean Early, Michael Maguire. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order) (Attorney J Paul Gignac added to party Sean Early(pty:dft), Attorney J Paul Gignac added to party Michael Maguire(pty:dft)) (Gignac, J) [Transferred from California Central on 6/29/2023.]
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Filing 70
NOTICE OF MOTION AND MOTION to Sever , TRANSFER, OR DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(3), 12(b)(6), 9(b) AND 21 filed by Defendant University Health Services, Inc.. Motion set for hearing on 4/10/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Exhibit A, #2 Proposed Order) (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 69
ORDER Granting Stipulation for Extension of Time to Respond to Complaint and Briefing Schedule #68 ,by Judge Cormac J. Carney. Defendants Thomas Dunn answer due 2/23/2023; Kainalu, LLC answer due 2/23/2023; Archie Perry answer due 2/23/2023; TDSW, LLC answer due 2/23/2023. Deadline for Plaintiffs to File an Opposition 3/13/23; Deadline for Defendants to File a Reply 3/27/23; Hearing re Pending Motions 4/10/23 at 1:30 p.m. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 68
STIPULATION for Extension of Time to File Response to Complaint and Briefing Schedule filed by Relators Dixie Switzer, Ted Switzer. (Attachments: #1 Proposed Order Extending Time to Respond to Complaint and Briefing Schedule)(Park, Grace) [Transferred from California Central on 6/29/2023.]
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Filing 67
Notice of Fact of Death filed by Relators Dixie Switzer, Ted Switzer. (Park, Grace) [Transferred from California Central on 6/29/2023.]
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Filing 66
Notice of Appearance or Withdrawal of Counsel: for attorney Grace Y Park counsel for Plaintiffs Dixie Switzer, Ted Switzer. Emanuel Ben Levi Townsend is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Relators Ted and Dixie Switzer. (Park, Grace) [Transferred from California Central on 6/29/2023.]
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Filing 65
NOTICE of Appearance filed by attorney Grace Y Park on behalf of Plaintiffs Dixie Switzer, Ted Switzer (Attorney Grace Y Park added to party Dixie Switzer(pty:pla), Attorney Grace Y Park added to party Ted Switzer(pty:pla))(Park, Grace) [Transferred from California Central on 6/29/2023.]
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Filing 64
ORDER by Judge Cormac J. Carney: granting #47 Non-Resident Attorney Alana K. Broe APPLICATION to Appear Pro Hac Vice on behalf of University Health Services, Inc., designating Peter A. Strotz as local counsel. (lom) [Transferred from California Central on 6/29/2023.]
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Filing 63
ORDER by Judge Cormac J. Carney: granting #46 Non-Resident Attorney Stephanie F. Johnson APPLICATION to Appear Pro Hac Vice on behalf of University Health Services, Inc., designating Peter A. Strotz as local counsel. (lom) [Transferred from California Central on 6/29/2023.]
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Filing 62
ORDER by Judge Cormac J. Carney: granting #45 Non-Resident Attorney Michael E. Paulhus APPLICATION to Appear Pro Hac Vice on behalf of University Health Services, Inc., designating Peter A. Strotz as local counsel. (lom) [Transferred from California Central on 6/29/2023.]
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Filing 61
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant APSW, LLC served on 12/22/2022. Service of the Summons and Complaint were executed upon Patrick Duffy in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 60
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant The Timberline Group, LLC served on 12/29/2022. Service of the Summons and Complaint were executed upon Kris Kennison - Administration Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 59
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant Access Medical, LLC served on 12/29/2022. Service of the Summons and Complaint were executed upon Ana Gomes - Administration Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 58
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant Archie Perry served on 12/30/2022. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 57
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant TDSW, LLC served on 12/29/2022. Service of the Summons and Complaint were executed upon Chimere Brooks in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 56
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant Thomas Dunn served on 12/27/2022. Service of the Summons and Complaint were executed upon Erna Dennis - Legal Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 55
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant Kainalu, LLC served on 12/27/2022. Service of the Summons and Complaint were executed upon Erna Dennis - Legal Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 54
PROOF OF SERVICE Executed by Plaintiff Dixie Switzer, Ted Switzer, upon Defendant Robert C. Wood, II served on 12/20/2022. Service of the Summons and Complaint were executed upon Tara "Doe" - Clerk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 53
WAIVER OF SERVICE Returned Executed filed by Relators Dixie Switzer, Ted Switzer. upon Michael Maguire waiver sent by Plaintiff on 11/9/2022. Waiver of Service signed by J. Paul Gignac. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 52
WAIVER OF SERVICE Returned Executed filed by Relators Dixie Switzer, Ted Switzer. upon Sean Early waiver sent by Plaintiff on 11/9/2022. Waiver of Service signed by J. Paul Gignac. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 51
WAIVER OF SERVICE Returned Executed filed by Relators Dixie Switzer, Ted Switzer. upon Augusta Spinal Associates, LLC waiver sent by Plaintiff on 11/9/2022. Waiver of Service signed by Brooks K. Hudson. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 50
WAIVER OF SERVICE Returned Executed filed by Relators Dixie Switzer, Ted Switzer. upon Gregory Oetting waiver sent by Plaintiff on 11/9/2022. Waiver of Service signed by Brooks K. Hudson. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 49
WAIVER OF SERVICE Returned Executed filed by Relators Dixie Switzer, Ted Switzer. upon Thomas Parfenchuck waiver sent by Plaintiff on 11/9/2022. Waiver of Service signed by Brooks K. Hudson. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 48
WAIVER OF SERVICE Returned Executed filed by Relators Dixie Switzer, Ted Switzer. upon University Health Services, Inc. waiver sent by Plaintiff on 11/9/2022. Waiver of Service signed by Michael E. Paulhus. (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 47
APPLICATION of Non-Resident Attorney Alana K. Broe to Appear Pro Hac Vice on behalf of Defendant University Health Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34600174) filed by Defendant University Health Services, Inc.. (Attachments: #1 Proposed Order) (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 46
APPLICATION of Non-Resident Attorney Stephanie F. Johnson to Appear Pro Hac Vice on behalf of Defendant University Health Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34600016) filed by Defendant University Health Services, Inc.. (Attachments: #1 Proposed Order) (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 45
APPLICATION of Non-Resident Attorney Michael E. Paulhus to Appear Pro Hac Vice on behalf of Defendant University Health Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34599828) filed by Defendant University Health Services, Inc.. (Attachments: #1 Proposed Order) (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 44
ORDER by Judge Cormac J. Carney, Granting Stipulation Extending Time To Respond To Complaint And Briefing Schedule #43 . Deadline for Defendants to Answer or Otherwise Respond to Complaint 2/23/23. Deadline for Plaintiffs to File an Opposition 3/13/23. Deadline for Defendants to File a Reply 3/27/23. Hearing re Pending Motions 4/10/23 at 1:30 p.m. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 43
STIPULATION for Extension of Time to File Response filed by Relators Dixie Switzer, Ted Switzer. (Attachments: #1 Proposed Order Extending Time to Respond to Complaint and Briefing Schedule)(Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 42
NOTICE of Interested Parties filed by Defendant University Health Services, Inc., identifying Piedmont Healthcare, Inc., MagMutual Insurance Company, Beazley. (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 41
CORPORATE DISCLOSURE STATEMENT filed by Defendant University Health Services, Inc. identifying Piedmont Healthcare, Inc. as Corporate Parent. (Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 40
NOTICE of Appearance filed by attorney Peter A Strotz on behalf of Defendant University Health Services, Inc. (Attorney Peter A Strotz added to party University Health Services, Inc.(pty:dft))(Strotz, Peter) [Transferred from California Central on 6/29/2023.]
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Filing 39
ORDER by Judge Cormac J. Carney: Granting #38 EX PARTE APPLICATION Extending Time to Serve Summons and Complaint on Some Defendants. IT IS ORDERED that Relators shall serve the summons and complaint in this action on the Unserved Defendants by no later than January 10, 2023. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 38
EX PARTE APPLICATION to Continue Time to Serve Summons and Complaint from December 27, 2022 to January 10, 2022 filed by Relators Dixie Switzer, Ted Switzer. (Attachments: #1 Proposed Order) (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 37
ORDER by Judge Cormac J. Carney: Granting #36 REQUEST to Reopen Case. IT IS HEREBY ORDERED THAT: 1. The above-captioned action is now reinstated pursuant to the Courts November 16, 2018 Order. (MD-JS5 Case Reopened) (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 36
First REQUEST to Reopen Case filed by RELATORS Dixie Switzer, Ted Switzer. (Attachments: #1 RE RELATORS REQUEST TO RE-OPEN CASE) (Berger, Justin) [Transferred from California Central on 6/29/2023.]
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Filing 35
AMENDED ORDER RE UNSEALING OF CASE by Judge Cormac J. Carney (bm) [Transferred from California Central on 6/29/2023.]
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Filing 34
ORDER RE UNSEALING OF CASE by Judge Cormac J. Carney. (bm) [Transferred from California Central on 6/29/2023.]
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Filing 33
SEALED - STIPULATION RE UNSEALING OF CASE (Attachments: #1 Proposed Order)(bm) [Transferred from California Central on 6/29/2023.]
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Filing 32
SEALED - PROOF OF SERVICE (bm) [Transferred from California Central on 6/29/2023.]
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Filing 31
NOTICE OF ELECTION TO DECLINE TO INTERVENE BY CALIFORNIA DEPARTMENT OF INSURANCE (bm) Modified on 9/29/2022 (bm). [Transferred from California Central on 6/29/2023.]
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Filing 30
SEALED ORDER RE STATE OF CALIFORNIA'S NOTICE OF ELECTION TO DECLINE INTERVENTION (lom) [Transferred from California Central on 6/29/2023.]
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Filing 29
SEALED PROOF OF SERVICE (lom) [Transferred from California Central on 6/29/2023.]
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Filing 28
STATE OF CALIFORNIA'S NOTICE OF ELECTION TO DECLINE INTERVENTION (Attachments: #1 [Prop] Order)(lom) Modified on 9/29/2022 (bm). [Transferred from California Central on 6/29/2023.]
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Filing 27
ORDER RE UNITED STATES' ELECTION TO DECLINE INTERVENTION (bm) Modified on 9/29/2022 (bm). [Transferred from California Central on 6/29/2023.]
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Filing 26
UNITED STATES' NOTICE OF ELECTION TO DECLINE INTERVENTION (Attachments: #1 Proposed Order)(bm) Modified on 9/29/2022 (bm). [Transferred from California Central on 6/29/2023.]
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Filing 25
SEALED - ORDER EXTENDING SEAL AND GOVERNMENTS' ELECTION PERIOD (bm) [Transferred from California Central on 6/29/2023.]
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Filing 24
SEALED - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD; DECLARATION OF JACK D. ROSS IN SUPPORT THEREOF (bm) [Transferred from California Central on 6/29/2023.]
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Filing 23
SEALED - STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD (bm) [Transferred from California Central on 6/29/2023.]
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Filing 22
SEALED - ORDER EXTENDING SEAL AND GOVERNMENTS' ELECTION PERIOD re Stipulation #20 (bm) [Transferred from California Central on 6/29/2023.]
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Filing 21
SEALED - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATION REQUESTINGEXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD; DECLARATION OF JACK D. ROSS IN SUPPORT THEREOF Re: Stipulation #20 (bm) [Transferred from California Central on 6/29/2023.]
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Filing 20
SEALED - STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD (bm) [Transferred from California Central on 6/29/2023.]
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Filing 19
SEALED ORDER EXTENDING SEAL AND GOVERNMENTS' ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 18
SEALED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 17
SEALED STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 16
SEALED ORDER EXTENDING SEAL AND GOVERNMENTS' ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 15
SEALED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENT'S ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 14
SEALED STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENT'S ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 13
SEALED APPEARANCE OF COUNSEL. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 12
SEALED ORDER EXTENDING SEAL AND GOVERNMENT'S ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 11
SEALED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENT'S ELECTION PERIOD; DECLARATION OF JACK D. ROSS IN SUPPORT THEREOF. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 10
SEALED STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENT'S ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 9
SEALED MINUTES (IN CHAMBERS) ORDER REMOVING ACTION FROM ACTIVE CASELOAD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 8
SEALED ORDER EXTENDING SEAL AND GOVERNMENTS' ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 7
SEALED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD; DECLARATION OF JACK D. ROSS IN SUPPORT THEREOF. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 6
SEALED STIPULATION REQUESTING EXTENSION OF SEAL AND GOVERNMENTS' ELECTION PERIOD. (iv) [Transferred from California Central on 6/29/2023.]
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Filing 5
21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendants APSW, LLC, Access Medical, LLC, Augusta Spinal Associates, LLC, Thomas Dunn, Sean Early, Kainalu, LLC, Michael Maguire, Gregory Oetting, Thomas Parfenchuck, Archie Perry, TDSW, LLC, The Timberline Group, LLC, University Health Services, Inc., Robert C. Wood, II. (twdb) [Transferred from California Central on 6/29/2023.]
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Filing 4
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 6/29/2023.]
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Filing 3
NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Alka Sagar. (esa) [Transferred from California Central on 6/29/2023.]
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Filing 2
CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiffs Dixie Switzer, Ted Switzer. (esa) [Transferred from California Central on 6/29/2023.]
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Filing 1
COMPLAINT against defendants APSW, LLC, Access Medical, LLC, Augusta Spinal Associates, LLC, Thomas Dunn, Sean Early, Kainalu, LLC, Michael Maguire, Gregory Oetting, Thomas Parfenchuck, Archie Perry, TDSW, LLC, The Timberline Group, LLC, University Health Services, Inc., Robert C. Wood, II. Case assigned to Judge Cormac J. Carney for all further proceedings. Discovery referred to Magistrate Judge Alka Sagar,(Filing fee $ 400 paid) Jury Demand, filed by plaintiffs Dixie Switzer, Ted Switzer. (Attachments: #1 CV-71) (esa) Modified on 9/29/2022 (bm). [Transferred from California Central on 6/29/2023.]
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