Pope v. Marshall et al
| Jared Pope, Jared Pope, D.D.S., P.L.C. and Proverus Management, LLC |
| Duane Marshall, Mountain View Family Dentists, LLC and Mountain Vista Family Dentistry and Orthodontics, LLC |
| 1:2022cv00138 |
| February 24, 2022 |
| US District Court for the District of New Mexico |
| Jerry H Ritter |
| Margaret I Strickland |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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Filing 38
FINAL JUDGMENT by District Judge Margaret I. Strickland. (ke)
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Filing 37
ORDER by District Judge Margaret I. Strickland adopting in part the Magistrate Judge's #31 Proposed Findings & Recommended Disposition. As outlined within, the case is DISMISSED WITHOUT PREJUDICE. (ke)
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Filing 36
NOTICE of Briefing Complete by All Plaintiffs re #31 REPORT AND RECOMMENDATIONS re #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Mountain Vista Family Dentistry and Orthodontics, LLC, Mountain View Family Dentists, LLC, Duane Mars (Baake, David)
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Filing 35
REPLY to Response to Motion re #31 REPORT AND RECOMMENDATIONS re #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Mountain Vista Family Dentistry and Orthodontics, LLC, Mountain View Family Dentists, LLC, Duane Mars filed by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Attachments: #1 Exhibit Dr. Marshall's Arizona Declaration) (Baake, David)
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Filing 34
RESPONSE in Opposition to Plaintiff's Objections to Report and Recommendation re #33 Objections to Report and Recommendations filed by Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC. (Davis, Kelly)
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Filing 33
OBJECTIONS to #31 Report and Recommendations by Jared Pope, Jared Pope, D.D.S., P.L.C., Proverus Management, LLC. (Attachments: #1 Affidavit Exhibit of Dana Sexton) (Baake, David)
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Filing 32
NOTICE by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC Notice of Non-Availability (Baake, David)
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Filing 31
REPORT AND RECOMMENDATIONS by Magistrate Judge Jerry H. Ritter re #8 Plaintiffs' Amended Complaint; #9 Plaintiffs' Motion for Expedited Discovery; #17 Defendants' Motion to Dismiss; and #27 Plaintiffs' RENEWED MOTION for Temporary Restraining Order. Objections to R&R due by 7/26/2022. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (mlt)
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Filing 30
NOTICE of Briefing Complete by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC re #27 MOTION for Temporary Restraining Order (Renewed) filed by Proverus Management, LLC, Jared Pope, D.D.S., P.L.C., Jared Pope (Baake, David)
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Filing 29
REPLY to Response to Motion re #27 MOTION for Temporary Restraining Order (Renewed) filed by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Attachments: #1 Affidavit Declaration of Dana Sexton) (Baake, David)
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Filing 28
RESPONSE in Opposition re #27 MOTION for Temporary Restraining Order (Renewed) filed by Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Letter, #3 Exhibit Affidavit, #4 Exhibit Statement, #5 Exhibit Declarations, #6 Exhibit Email) (Davis, Kelly)
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Filing 27
MOTION for Temporary Restraining Order (Renewed) by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Attachments: #1 Affidavit Affidavit of Jared Pope, DDS, #2 Exhibit INFORMATION SHEET FOR TRO) (Baake, David)
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Filing 26
NOTICE by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC Notice of Non-Availability (Baake, David)
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Filing 25
NOTICE by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC Unopposed Request for Expedited Consideration of Defendants' Motion to Dismiss (Baake, David)
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Filing 24
NOTICE of Briefing Complete by Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC re #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Mountain Vista Family Dentistry and Orthodontics, LLC, Mountain View Family Dentists, LLC, Duane Marshall (Davis, Kelly)
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Filing 23
REPLY to Response to Motion re #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC. (Davis, Kelly)
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Jerry H. Ritter by District Judge Margaret I. Strickland. (sej)
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Filing 21
RESPONSE in Opposition re #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Baake, David)
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Filing 20
NOTICE of Briefing Complete by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC re #9 MOTION for Discovery Motion for Expedited Discovery filed by Proverus Management, LLC, Jared Pope, D.D.S., P.L.C., Jared Pope (Baake, David)
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Filing 19
REPLY to Response to Motion re #9 MOTION for Discovery Motion for Expedited Discovery filed by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Baake, David)
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Filing 18
RESPONSE in Opposition re #9 MOTION for Discovery Motion for Expedited Discovery filed by Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC. (Davis, Kelly)
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Filing 17
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction by Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC. (Davis, Kelly)
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Filing 16
ORDER TO UNSEAL by District Judge Margaret I. Strickland. Based on Plaintiffs' "agree[ment] that the TRO Documents should be unsealed" (see ECF No. #15 at 2), the Clerk is hereby DIRECTED to unseal ECF Nos. #2 , #3 , #4 , 5 , and #6 and make these documents available for public access. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sej)
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Filing 15
RESPONSE TO ORDER TO SHOW CAUSE by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC (Baake, David)
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Filing 14
ORDER TO SHOW CAUSE by District Judge Margaret I. Strickland. In light of the Court's denial of #2 Ex Parte MOTION for Temporary Restraining Order (See #7 ORDER Denying Plaintiffs Ex Parte Application for Temporary Restraining Order), IT IS HEREBY ORDERED that Plaintiffs show cause, no later than March 18, 2022, as to why the TRO documents filed with the Court, ECF Nos. #2 , #3 , #4 , 5 , and #6 , should not be unsealed and made available for public access. IT IS FURTHER ORDERED that Defendants may file a response no later than March 23, 2022. A filing is limited to 7 pages per party. Parties represented by the same attorney shall be considered one party and limited to one filing for purposes of this Order. No further briefing shall be permitted, unless otherwise ordered by the Court. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sej)
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Filing 13
NOTICE of Appearance by Kelly J. Davis on behalf of Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC (Davis, Kelly)
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Filing 12
AFFIDAVIT of Service for Summons, First Amended Complaint, Motion for Expedited Discovery served on Mountain Vista Family Dentistry and Orthodontics, LLC on 03/08/2022, filed by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Baake, David)
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Filing 11
AFFIDAVIT of Service for Summons, First Amended Complaint, Motion for Expedited Discovery served on Mountain View Family Dentists, LLC on 03/08/2022, filed by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Baake, David)
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Filing 10
AFFIDAVIT of Service for Summons, First Amended Complaint, Motion for Expedited Discovery served on Duane Marshall on 03/08/2022, filed by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Attachments: #1 Affidavit Declaration of Mailing)(Baake, David)
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Filing 9
MOTION for Discovery Motion for Expedited Discovery by Jared Pope, D.D.S., P.L.C., Jared Pope, Proverus Management, LLC. (Baake, David)
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Filing 8
AMENDED COMPLAINT against All Defendants. adding Jared Pope, D.D.S., P.L.C. and Proverus Management, LLC, Jared Pope, D.D.S., P.L.C., Proverus Management, LLC and Mountain Vista Family Dentistry and Orthodontics, LLC, Jared Pope, D.D.S., P.L.C., Proverus Management, LLC and Mountain Vista Family Dentistry and Orthodontics, LLC., filed by Jared Pope, Jared Pope, D.D.S., P.L.C., Proverus Management, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Baake, David)
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Summons Issued as to Duane Marshall, Mountain View Family Dentists, LLC, Mountain Vista Family Dentistry and Orthodontics, LLC. (jg)
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Filing 7
ORDER by District Judge Margaret I. Strickland denying #2 Plaintiff's Ex Parte Application for Temporary Restraining Order (sej)
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Filing 6
NOTICE by Jared Pope Notice of Lodging of Video Exhibit (Baake, David)
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Filing 5
Minute Entry for proceedings held before District Judge Margaret I. Strickland: Hearing on #2 Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue, held on March 2, 2022. (Court Reporter Vanessa Alyce Chavez). [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (sej)
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Filing 4
ORDER by District Judge Margaret I. Strickland SETTING Hearing on #2 Ex Parte MOTION for Temporary Restraining Order for March 2, 2022, at 2:00 p.m. MST in the Guadalupe Courtroom, United States Courthouse, 100 N. Church Street, Las Cruces, New Mexico. (rcf)
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Filing 3
NOTICE by Jared Pope re #2 Ex Parte MOTION for Temporary Restraining Order INFORMATION SHEET FOR TRO (Baake, David)
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Filing 2
Ex Parte MOTION for Temporary Restraining Order by Jared Pope. (Attachments: #1 Affidavit Affidavit of Jared Pope, DDS, #2 Affidavit Affidavit of Katharine Russell) (Baake, David)
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Filing 1
COMPLAINT against Duane Marshall, Mountain View Family Dentists, LLC ( Filing Fee - Online Payment), filed by Jared Pope. (Attachments: #1 Civil Cover Sheet)(Baake, David)
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United States District Judge Margaret I. Strickland and Magistrate Judge Jerry H. Ritter assigned. (dr)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8136535 re #1 Complaint filed by Jared Pope (Payment made via Pay.gov)(Baake, David)
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