SAWABINI v. BECERRA et al
| Lutfallah T. Sawabini |
| Xavier Becerra and LIVANTA LLC BFCC QIO MEDICARE CONTRATOR |
| 3:2024cv00391 |
| March 21, 2024 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Contract: Recovery Medicare |
| 28 U.S.C. § 2345 Medicare Recovery |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 115 Letter from Lutfallah T. Sawabini apologizing for submitted motions, and to discard motions filed after April 24th, 2024. (mmg). |
| Filing 114 RESPONSE in Opposition re #89 Motion to Dismiss filed by Lutfallah T. Sawabini. (mmg). |
| Filing 113 TEXT ORDER denying without prejudice #107 Plaintiff's motion "to Effectuate the Use of 42 CFR... 412.29 in its entirety as the Rule Making & Guide in this case." Similar to Plaintiff's motion "to Amend" (Dkt. No. #104 ), his motion "for a Bifurcated Judgment" (Dkt. No. #105 ), and his motion "for Reconsideration," this motion is procedurally improper because it fails to state the relief sought, fails to state with particularity the grounds for seeking the order, fails to attach a memorandum of law specifying the rule or statute on which it is based, and fails to attach an affidavit. In any event, the motion is unsupported by a showing of cause. Plaintiff is cautioned that he is fast-becoming a vexatious litigant, having filed numerous frivolous motions in this action. (See, e.g., Dkt. Nos. #93 , #94 , #95 , #96 , #97 , #100 , #101 , #104 , #105 , #106 and #107 .) If he continues this litigation practice, he may be sanctioned. He is respectfully advised to focus his efforts on filing a response to Defendant's pending motion to dismiss (Dkt. No. #89 ), which remains due on 05/13/2024. (Dkt. No. #92 .) SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/30/2024. (Copy served upon plaintiff via regular mail) (sal) |
| Filing 112 TEXT ORDER denying without prejudice #106 Plaintiff's motion "for Reconsideration in Regard for [sic] Not Answering Judicial Rev." Similar to Plaintiff's motion "to Amend" (Dkt. No. #104 ), and his motion "for a Bifurcated Judgment" (Dkt. No. #105 ), this motion is procedurally improper because it fails to state the relief sought, fails to state with particularity the grounds for seeking the order, fails to attach a memorandum of law specifying the rule or statute on which it is based, and fails to attach an affidavit. In any event, the motion is unsupported by a showing of cause. The Court notes that, regardless of whether this motion were liberally construed an appeal from U.S. Magistrate Judge Miroslav Lovric's Text Order of 04/23/2024 (Dkt. No. 102 ), or a motion for reconsideration of that Text Order, the motion fails to show cause for the relief requested. SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/30/2024. (Copy served upon plaintiff via regular mail) (sal) |
| Filing 111 TEXT ORDER denying without prejudice #105 Plaintiff's motion "for a Bifurcated Judgment on the Case Validity & Factual Facts." Similar to Plaintiff's motion "to Amend" (Dkt. No. #104 ), this motion is procedurally improper because it fails to state the relief sought, fails to state with particularity the grounds for seeking the order, fails to attach a memorandum of law specifying the rule or statute on which it is based, and fails to attach an affidavit. In any event, the motion is unsupported by a showing of cause. SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/30/2024. (Copy served upon plaintiff via regular mail) (sal) |
| Filing 110 TEXT ORDER denying without prejudice #104 Plaintiff's motion "to Amend the first Judicial Review." Even when construed with the utmost of special leniency, Plaintiff's motion fails in four regards. First, Plaintiff's motion fails to both state the relief sought and state with particularity the grounds for seeking the order, as required by Fed. R. Civ. P. 7(b)(1),(B),(C). For example, the Court is uncertain of whether Plaintiff is seeking leave to amend his Complaint (in which case his attention is respectfully directed to the requirements contained in Local Rule 15.1), seeking some sort of relief with regard to his completion of proper service of process, or seeking reconsideration of a ruling by the U.S. District Court for the District of Columbia. Second, Plaintiff's motion fails to attach a memorandum of law specifying the rule or statute on which it is based, as required by Local Rule 7.1(b)(1). Third, it fails to attach an affidavit, as required by Local Rule 7.1(b)(2). Fourth, it is unsupported by a showing of cause. The Court notes that a courtesy copy of the Court's Local Rules and Pro Se Handbook were mailed to Plaintiff on 03/22/2024. (Dkt. No. #80 .) SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/30/2024. (Copy served upon plaintiff via regular mail)(sal ) |
| Filing 109 TEXT ORDER withdrawing the automatically generated referral to U.S. Magistrate Judge Miroslav Lovric of #104 , #105 , #106 , and #107 because each of those motions appears dispositive in nature or, at the very least, impacts the undersigned's decision of the pending dispositive motion to dismiss (Dkt. No. #89 ). SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/30/2024. (Copy served upon plaintiff via regular mail) (sal) |
| Filing 108 CERTIFICATE OF SERVICE by Lutfallah T. Sawabini re #104 MOTION to Amend, #105 MOTION to Bifurcate, #106 MOTION for Reconsideration, and #107 Letter Motion for requesting Motion to Effectuate the Use of 42 CFR. (mmg). |
| Filing 107 Letter Motion for Lutfallah T. Sawabini requesting Motion to Effectuate the Use of 42 CFR submitted to Judge Miroslav Lovric. (mmg). |
| Filing 106 MOTION for Reconsideration filed by Lutfallah T. Sawabini. Motion returnable before Judge Miroslav Lovric. Response to Motion due by 5/20/2024. (mmg). |
| Filing 105 MOTION to Bifurcate Judgment filed by Lutfallah T. Sawabini. Response to Motion due by 5/20/2024. Reply to Response to Motion due by 5/28/2024 Motions referred to Miroslav Lovric. (mmg). |
| Filing 104 MOTION to Amend the first Judicial Review and 12 Page Samples filed by pro se Lutfallah T. Sawabini. Response to Motion due by 5/20/2024 Motions referred to Miroslav Lovric. (mmg). |
| Filing 103 TEXT ORDER granting Plaintiff's #92 & #99 letter-motions for an extension of time to file, on or before May 15, 2024, a response to Defendant Becerra's #89 Motion to Dismiss. Any reply to this motion is due to be filed by May 22, 2024. SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/25/2024. (Copy served upon plaintiff via regular mail)(sal) |
Filing 102
TEXT ORDER: Plaintiffs Motions [93, 94, 95, 96, 97, 100, 101 ] are DENIED, insofar as and to the extent that: (1) Plaintiffs Motion #93 seeking to have the Court conduct a review the docket and provide an advisory opinion to Plaintiff regarding completion of service of process is DENIED. It is the obligation of Plaintiff to complete proper service of process pursuant to G.O. 25 and F.R.C.P. 4. See Docket No. 81 and F.R.C.P 4. (2) Plaintiffs Motion to Seal This Case #94 is DENIED. Plaintiff has failed to comply with N.D.N.Y. L.R. 5.3. Pursuant to Local Rule 5.3, "[a] party seeking to have a document... sealed bears the burden of filing an application setting forth the reason(s) that the referenced material should be sealed under the governing legal standard." See, N.D.N.Y. L.R. 5.3(a) (citing Lugosch v. Pyramid Co. of Onondaga Cnty., 435 F.3d 110, 119-27 (2d Cir. 2006)). In Motion #94 , Plaintiff has failed to follow the procedures of N.D.N.Y. L.R. 5.3. (3) Plaintiffs Motion #95 seeking issuance of subpoenas to medical providers is DENIED as premature and without prejudice. In light of the filing of Motion to Dismiss #89 , the Rule 16 Initial Conference and all conference related filings and deadlines, including the setting of a discovery schedule, are all STAYED, without date. See Dkt. No. 91. The scheduling of discovery will be addressed at the Rule 16 conference after the current dispositive motions are decided by the Court. (4) Plaintiffs Motion #96 seeking authorization to file via CM/ECF is DENIED, without prejudice, for having failed to comply with General Order 22, Section 12.1, and failing to submit a completed form Pro Se Motion For Permission To File Documents Electronically In ECF and a completed Pro Se CM/ECF Registration Form. Plaintiffs motion seeking appointment of a mediator is DENIED, as premature and without prejudice, and may be revisited after substantial discovery has been completed. (5) Plaintiffs Motion #97 seeking legal advice from the Court and advisory opinions from the Court is DENIED. The Court is not permitted to provide legal advice or advisory opinions to any party in the litigation. (6) Plaintiffs Motion #100 seeking to have this Court review and alter the decisions issued by Judge Reggie B. Walton, United States District Judge, is DENIED. This Court has no authority to review or alter the decisions of the District Judge. (7) Plaintiffs Motion #101 requesting a trial is noted on the docket and for the record. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/23/2024. (Copy served via regular mail on pro se Plaintiff) (jdc )
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| Filing 101 Letter Motion from Pro Se Lutfallah T. Sawabini requesting Trial De Novo submitted to Judge Miroslav Lovric. (mmg). |
| Filing 100 Letter Motion from Pro Se Lutfallah T. Sawabini requesting to amend the first judicial review. Submitted to Judge Miroslav Lovric. (mmg). |
| Filing 99 Letter Motion from Pro Se Lutfallah T. Sawabini requesting an extension of time until May 15th to answer #89 motion submitted to Judge Miroslav Lovric. (mmg). |
| Filing 98 NOTICE regarding email address by Pro Se Lutfallah T. Sawabini. (mmg). |
| Filing 97 Letter Motion from Pro Se Lutfallah T. Sawabini requesting for order regarding controlling law. Submitted to Judge Miroslav Lovric. (mmg). |
| Filing 96 Letter Motion from Lutfallah T. Sawabini requesting free use of ECF and for appointment of a mediator. Submitted to Judge Miroslav Lovric. (mmg). |
| Filing 95 Letter Motion from Pro Se Lutfallah T. Sawabini requesting issuance of subpoenas to Medical Providers submitted to Judge Miroslav Lovric. (mmg). |
| Filing 94 MOTION to Seal Case filed by Lutfallah T. Sawabini. Response to Motion due by 5/13/2024 Motions referred to Miroslav Lovric. (mmg). |
| Filing 93 Letter Motion from Lutfallah T. Sawabini requesting an evaluation to review the proof of services, submitted to Judge Miroslav Lovric. (mmg). |
| Filing 92 MOTION for Extension of Time to File Response as to #89 MOTION to Dismiss Filed by Pro Se Lutfallah T. Sawabini. Response to Motion due by 5/13/2024 Motions referred to Miroslav Lovric. (mmg). |
| Filing 91 TEXT ORDER: In light of the filing of Motion to Dismiss #89 , the Rule 16 Initial Conference scheduled for 7/22/2024, and the conference related filings and deadlines, are all STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/12/2024. (Copy served upon Pltf via regular mail)(amt) |
| Filing 90 CERTIFICATE OF SERVICE by Xavier Becerra re #89 MOTION to Dismiss filed by Xavier Becerra. Motion returnable before Judge Suddaby (Young, Forrest) |
| Filing 89 MOTION to Dismiss filed by Xavier Becerra. Motion returnable before Judge Suddaby Response to Motion due by 5/2/2024. Reply to Response to Motion due by 5/9/2024 (Attachments: #1 Memorandum of Law) (Young, Forrest) |
| Filing 88 TEXT ORDER: Plaintiff Motion #86 is GRANTED and Plaintiff Motion #87 is DENIED, insofar as and to the extent that: (1) if Plaintiff timely provides in writing to the Court a current valid email address where the Court can send Plaintiff a Teams link in order to conduct a Teams teleconference Rule 16 Initial Conference, then the Rule 16 Initial Conference scheduled for 7/22/2024 at 1:00 p.m. will be conducted via Teams teleconference before Magistrate Judge Miroslav Lovric; (2) if Plaintiff fails to timely provide in writing to the Court a current valid email address where the Court can send Plaintiff a Teams link in order to conduct a Teams teleconference Rule 16 Initial Conference, then the Rule 16 Initial Conference scheduled for 7/22/2024 at 1:00 p.m. will be conducted IN PERSON, at the Federal Courthouse 15 Henry Street, First Floor Courtroom, Binghamton, New York, before Magistrate Judge Miroslav Lovric; (3) if Plaintiff chooses to conduct the Rule 16 Initial Conference via teleconference, Plaintiff must provide by 5/1/2024, in writing to the Court, a current valid email address where the Court can send Plaintiff a Teams link for the teleconference; (4) the Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/15/2024; (5) pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court; and (6) Plaintiff Motion #87 seeking mediation prior to the Rule 16 conference is DENIED, without prejudice, in that, the motion is premature and can be revisited after substantial discovery has been completed in this matter. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/5/2024. (Copy served via regular mail on pro se Plaintiff) (jdc ) |
| Filing 87 Letter Motion for Lutfallah T. Sawabini requesting court assisted mediation prior to 5/31/2024 hearing submitted to Magistrate Judge Miroslav Lovric. (ztc) |
| Filing 86 Letter Motion filed by Lutfallah T. Sawabini requesting a telephonic hearing on 5/31/2024 at 12 PM submitted to Magistrate Judge Miroslav Lovric. (ztc) |
| Filing 85 TEXT ORDER: Plaintiff Motion #84 is GRANTED insofar as and to the extent that: (1) the Rule 16 Initial Conference scheduled for 5/31/2024 is RE-SCHEDULED for 7/22/2024 at 1:00 p.m., IN PERSON, at the Federal Courthouse 15 Henry Street, First Floor Courtroom, Binghamton, New York, before Magistrate Judge Miroslav Lovric; (2) Appearances In Person are required; (3) the Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/15/2024; and (4) pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/2/2024. (Copy served via regular mail on pro se Plaintiff) (jdc) |
| Filing 84 MOTION to Stay until July 15, 2024 filed by Lutfallah T. Sawabini. Response to Motion due by 4/23/2024. Motions referred to Magistrate Judge Miroslav Lovric. (ztc) |
| Reset Deadlines and Hearings: Initial Conference set for 7/22/2024 at 1:00 PM in Binghamton at 15 Henry Street, 1st Floor Courtroom before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/15/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdc ) |
| Filing 83 CERTIFICATE OF SERVICE by Xavier Becerra re #82 Notice of Appearance (Young, Forrest) |
| Filing 82 NOTICE OF APPEARANCE by Forrest T. Young on behalf of Xavier Becerra (Young, Forrest) |
| Filing 81 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/23/2024 02:30 PM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/16/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copies emailed to counsel and mailed to pro se pltf on 3/22/2024}(see) |
| Filing 80 PRO SE HANDBOOK and NOTICE with Local Rules and Pro se Handbook mailed to Lutfallah T. Sawabini on 3/22/2024 with instructions to read, sign, and return for filing the enclosure entitled Notice. (see) |
| Filing 79 NOTICE OF ADMISSION REQUIREMENT as to Party Livanta LLC BFCC Qio Medicare Contractor; Attorney Alexander Jonathan Brittin, Email address is alex@brittinlaw.com. Phone number is 703-915-0750. Admissions due by 4/5/2024. {Emailed to counsel on 3/22/2024 and mailed to pltf on 3/22/2024}(see) |
| Filing 78 NOTICE OF ADMISSION REQUIREMENT as to Party Livanta LLC BFCC Qio Medicare Contractor; Attorney Christian Joshua Myers, Email address is josh.myers@nelsonmullins.com. Phone number is 202-689-2001. Admissions due by 4/5/2024. {Emailed to counsel on 3/22/2024 and mailed to pltf on 3/22/2024}(see) |
| Filing 77 NOTICE OF ADMISSION REQUIREMENT as to Party Xavier Becerra; Attorney Brian P. Hudak, Email address is brian.hudak@usdoj.gov. Phone number is (202) 2522549. Admissions due by 4/5/2024. {Emailed to counsel on 3/22/2024 and mailed to pltf on 3/22/2024}(see) |
| Filing 76 NOTICE OF ADMISSION REQUIREMENT as to Party Xavier Becerra; Attorney Kartik Narayan Venguswamy, Email address is kartik.venguswamy@usdoj.gov. Phone number is (202) 2521790. Admissions due by 4/5/2024. {Admission requirement emailed on 3/22/2024 and mailed to pltf on 3/22/2024}(see) |
| ***Answer due date updated for Xavier Becerra answer due 4/11/2024. (see) |
| TEXT ORDER: The Rule 16 Initial Conference scheduled for 5/23/2024 is RE-SCHEDULED for 5/31/2024 at 12:00 p.m., IN PERSON, in Binghamton, New York, before Magistrate Judge Miroslav Lovric. Appearances In Person are required. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/24/2024. Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/22/2024. (Copy emailed to counsel and mailed via regular mail to pro se Plaintiff) (jdc ) |
| Filing 75 Case transferred in from District of District of Columbia; Case Number 1:23-cv-02041. electronically transferred when case opened |
| Set/Reset Deadlines: Transfer due by 3/20/2024. (zalh) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 74
ORDER. In accordance with the attached Order, it is hereby ORDERED that the #5 Defendant Livanta LLC's Motion to Dismiss is GRANTED pursuant to Federal Rule of Civil Procedure 12(b)(6) because the defendant Livanta LLC, BFCC QIO Medicare Contractor ("Livanta") has immunity from the plaintiff's lawsuit. It is further ORDERED that all claims in the plaintiff's #1 Complaint asserted against the defendant Livanta, are DISMISSED. It is further ORDERED that the Clerk of the Court shall forthwith TERMINATE all remaining deadlines in this case and TRANSFER this case to the United States District Court for the Northern District of New York due to this Court not being the proper venue for the litigation of this case. It is further ORDERED that Xavier Becerra, in his official capacity as Secretary of Health and Human Services ("government defendant") shall have twenty-one days to answer or otherwise respond to the plaintiffs #1 Complaint following the transfer of this case to the Northern District of New York. It is further ORDERED that this case is CLOSED on this Court's docket. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on February 29, 2024. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Motion Hearing held on 2/28/2024 re #5 Defendant Livanta LLC's Motion to Dismiss. Oral arguments heard. The Court grants #5 Defendant Livanta LLC's Motion to Dismiss, for the reasons set forth on the record. The Court orders this case be transferred to the Northern District of New York. (Court Reporter: Tammy Nestor) (zalh) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 73 MOTION for Recusal by LUTFALLAH T. SAWABINI. "Leave to file is granted." Signed by Judge Reggie B. Walton. (mg) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 72
ORDER. In accordance with the attached Order, it is hereby ORDERED that the plaintiff's #70 Motion for Recusal is DENIED. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on February 27, 2024. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 71 SUPPLEMENTAL MEMORANDUM re #70 MOTION for Recusal filed by LUTFALLAH T. SAWABINI. "Leave to file is granted." Signed by Judge Reggie B. Walton on 2/26/2024. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the motion hearing currently scheduled for February 28, 2024, is RESCHEDULED for February 28, 2024, at 9:00 a.m. The parties shall appear before the Court for the motion hearing, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Minute Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on February 23, 2024. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 70 MOTION for Recusal by LUTFALLAH T. SAWABINI. "Leave to file is granted" signed by Judge Reggie B. Walton on 2/22/2024. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 69 NOTICE by LUTFALLAH T. SAWABINI. " Leave to file is granted" signed by Judge Reggie B. Walton on 2/22/2024. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 68
RESPONSE TO ORDER TO SHOW CAUSE re #61 Order filed by LUTFALLAH T. SAWABINI. "Leave to file is granted" by Judge Reggie B. Walton on 2/22/2024. (ztth) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 67 MOTION to Dismiss by XAVIER BECERRA. (Venguswamy, Kartik) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 66 RESPONSE TO ORDER TO SHOW CAUSE re #61 Order to Show Cause filed by LUTFALLAH T. SAWABINI. (znmw) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 65 NEW Pro Se Consent To Receive Notices of Electronic Filing by LUTFALLAH T. SAWABINI (znmw) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 63 LEAVE TO FILE DENIED- Plaintiff's Return of Service. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to file is DENIED." Signed by Judge Reggie B. Walton on 1/30/2024. (mg) [Transferred from District of Columbia on 3/21/2024.] |
| Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 1/30/2024. Case called for a Motion Hearing but not held. Plaintiff failed to appear. Motion Hearing is reset for 2/28/2024 at 10:00 AM via teleconference before Judge Reggie B. Walton. (Court Reporter: Jeffrey Hook) (zalh) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 61
ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before February 14, 2024, the plaintiff shall SHOW CAUSE as to why the Court should not dismiss this matter for want of prosecution based upon the plaintiff's failure to participate in the remotely held hearing on January 30, 2024. It is further ORDERED that, on or before February 21, 2024, the federal government defendant shall file a notice on the public docket indicating whether it challenges the plaintiff's position that service has been properly effectuated on it by the plaintiff. It is further ORDERED that on February 28, 2024, at 10:00 a.m., the parties shall appear before the Court for a motion hearing, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on January 30, 2024. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 64 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. XAVIER BECERRA served on 1/4/2024. "Leave to file GRANTED." Signed by Judge Reggie B. Walton on 1/29/2024. (mg) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 62 AFFIDAVIT of Service by LUTFALLAH T. SAWABINI. "Leave to file is granted" signed by Judge Reggie B. Walton on 1/29/2024. (ztth); Modified text on 1/31/2024 (ztth). [Transferred from District of Columbia on 3/21/2024.] |
| Filing 60 LEAVE TO FILE DENIED - Plaintiff's Notice. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to file is denied." Signed by Judge Reggie B. Walton on 1/26/2024. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 58 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Hurvitz, Filing fee $ 100, receipt number ADCDC-10646104. Fee Status: Fee Paid. by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Attachments: #1 Exhibit A.Declaration of Michael J. Hurvitz, #2 Exhibit B.Certificate of Good Standing of Michael J. Hurvitz, #3 Text of Proposed Order Granting Motion for Admission, Pro Hac Vice, of Michael J. Hurvitz)(Myers, Christian) [Transferred from District of Columbia on 3/21/2024.] |
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MINUTE ORDER. The Court having considered the defendant Livanta LLC BFCC QIO Medicare Contractor's #58 Motion for Admission, Pro Hac Vice, of Michael J. Hurvitz, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the #58 Motion for Admission, Pro Hac Vice, of Michael J. Hurvitz is GRANTED. It is further ORDERED that Michael J. Hurvitz, Nelson, Mullins, Riley & Scarborough, LLP 750 B Street, Suite 2200, San Diego, CA 92101, is ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Reggie B. Walton on January 26, 2024. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 59 AFFIDAVIT of Service by LUTFALLAH T. SAWABINI. "Leave to file granted" by Judge Reggie B. Walton on 1/24/2024. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 57 NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of XAVIER BECERRA Substituting for attorney Brian P. Hudak (Venguswamy, Kartik) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 56 LEAVE TO FILE DENIED - Plaintiff's Discovery. These documents are unavailable as the Court denied them being filed. Pro Se party has been notified by first class mail. "Leave to file is denied." Signed by Judge Reggie B. Walton on 1/5/2024. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 55
ORDER. In accordance with the attached Order, it is hereby ORDERED that the plaintiff's #54 Motion to Continue, is DENIED AS MOOT. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on December 19, 2023. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 54 MOTION to Continue by LUTFALLAH T. SAWABINI. "Leave to file granted." Signed by Judge Reggie B. Walton on 12/15/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 53 AFFIDAVIT by LUTFALLAH T. SAWABINI. "Leave to file is granted" by Judge Reggie B. Walton on 12/15/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 52
ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendant Livanta's #39 Memorandum of Points and Authorities in Support of Defendant Livanta LLC's Motion to Enjoin Future Filings by Plaintiff Without Leave of Court is GRANTED. It is further ORDERED that the plaintiff is precluded from filing any additional papers with the Court prior to the motion hearing currently scheduled for January 30, 2024. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on December 15, 2023. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Motion Hearing held on 12/15/2023. Oral arguments heard. The Court grants #39 Memorandum of Points and Authorities in Support of Defendant Livanta LLC's Motion to Enjoin Future Filings by Plaintiff Without Leave of Court, for the reasons set forth on the record. The Court orders that the plaintiff is precluded from filing any additional papers with the Court prior to the motion hearing currently scheduled for 1/30/2024. (Court Reporter: Lisa Moreira) (zalh) [Transferred from District of Columbia on 3/21/2024.] |
| Set/Reset Hearings: Motion Hearing set for 12/15/2023 at 9:00 AM via teleconference before Judge Reggie B. Walton. Motion Hearing set for 1/30/2024 at 10:00 AM via teleconference before Judge Reggie B. Walton. (zalh) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 50 INTERROGATORIES Propounded to LIVANTA LLC BFCC QIO MEDICARE CONTRATOR by LUTFALLAH T. SAWABINI. "Leave to file is granted." Signed by Judge Reggie B. Walton on 12/14/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Set/Reset Hearings: Motion Hearing set for 1/30/2024 at 10:00 AM via teleconference before Judge Reggie B. Walton. (zalh) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 51 REQUEST from LUTFALLAH T. SAWABINI. "Leave to file is granted." Signed by Judge Reggie B. Walton on 12/13/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 49 MOTION by LUTFALLAH T. SAWABINI. "Leave to file is granted." By Judge Reggie B. Walton on 12/13/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 48
ORDER. In accordance with the attached Order, it is hereby ORDERED that the plaintiff's #46 Motion to Continue is DENIED. It is further ORDERED that the parties shall appear at the motion hearing currently scheduled for January 30, 2024, at 10:00 a.m. The parties shall appear before the Court for a motion hearing, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on December 13, 2023. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 47 MOTION to Strike #39 MOTION for Injunction of Plaintiff's Future Filings Without Leave of Court by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 46 MOTION to Continue by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 45 MOTION for Sanctions by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 44
ORDER in accordance with the attached Order, it is hereby ORDERED that, on December 15, 2023, at 9:00 a.m., the parties shall appear before the Court for a motion hearing, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the plaintiff is precluded from filing any additional papers with the Court prior to the December 15, 2023 hearing. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on November 30, 2023. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 43 INTERROGATORIES Propounded to Lamerial Daniels Livinta by LUTFALLAH T. SAWABINI. "Leave to file is granted." Signed by Judge Walton on 11/30/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 39 MOTION for Injunction of Plaintiff's Future Filings Without Leave of Court by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Attachments: #1 Exhibit to Local Civil Rule 7(m) Certificate, #2 Text of Proposed Order granting Livanta's Motion to Enjoin and enjoining Plaintiff from future filings without leave of Court)(Myers, Christian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 42 MOTION to Quash, MOTION to Strike #34 Memorandum in Opposition by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 41 REPLY to opposition to motion re #24 MOTION for Sanctions filed by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 40 RESPONSE re #32 Notice of Appearance filed by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 38 MOTION to Strike #5 Declaration to MOTION to Dismiss by LUTFALLAH T. SAWABINI. (Attachments: #1 Exhibits)(znmw) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 37
ORDER. In accordance with the attached Order, it is hereby ORDERED that, on January 30, 2024, at 10:00 a.m., the parties shall appear before the Court for a motion hearing, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff's address on file. Signed by Judge Reggie B. Walton on November 9, 2023. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 36 Letter from LUTFALLAH T. SAWABINI. "Leave to file is granted." Signed by Judge Reggie B. Walton on 11/9/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 34 Memorandum in opposition to re #24 Motion for Sanctions filed by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Myers, Christian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 33 NOTICE of Non-Service by XAVIER BECERRA (Hudak, Brian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 32 NOTICE of Appearance by Brian P. Hudak on behalf of XAVIER BECERRA (Hudak, Brian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 31 REPLY to opposition to motion re #21 MOTION to Transfer Case filed by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 30 MOTION for Order by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 29 MOTION for Entry of Default by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 35 Letter from LUTFALLAH T. SAWABINI. "Leave to file is granted." Signed by JudgeReggie B. Walton on 10/24/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 28 Memorandum in opposition to re #5 Motion to Dismiss, filed by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 27 MOTION to Withdraw #15 MOTION for Summary Judgment by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 22 Memorandum in opposition to re #21 Motion to Transfer Case filed by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Myers, Christian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 26 MOTION to Strike #5 MOTION to Dismiss for lack of subject matter jurisdiction or in the alternative for failure to state a claim upon which relief may be granted by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 25 MOTION for Order by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 24 MOTION for Sanctions by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 23 SUPPLEMENTAL MEMORANDUM to re #21 MOTION to Transfer Case filed by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 21 MOTION to Transfer Case by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 20 REPLY to opposition to motion re #5 MOTION to Dismiss for lack of subject matter jurisdication or in the alternative for failure to state a claim upon which relief may be granted filed by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Myers, Christian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 19 Memorandum in opposition to re #15 Motion for Summary Judgment filed by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Myers, Christian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 18 MOTION for Order by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 17 MOTION to Amend, MOTION to Continue by LUTFALLAH T. SAWABINI. (Attachment: #1 Exhibits)(ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 16 SUPPLEMENTAL MEMORANDUM to re #14 Memorandum in Opposition filed by LUTFALLAH T. SAWABINI. (Attachment: #1 Exhibits)(ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 12 NOTICE OF WITHDRAWAL OF APPEARANCE as to LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. Attorney Alexander Jonathan Brittin terminated. (Brittin, Alexander) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 11 NOTICE of Appearance by Christian Joshua Myers on behalf of LIVANTA LLC BFCC QIO MEDICARE CONTRATOR (Myers, Christian) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 10 ENTERED IN ERROR.....Clerk's ENTRY OF DEFAULT as to LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (ztth); Modified on 9/19/2023 (ztth). [Transferred from District of Columbia on 3/21/2024.] |
| NOTICE OF ERROR regarding #10 Clerk's Entry of Default. The Default was entered in error. A Motion to Dismiss was filed by Defendant LIVANTA LLC BFCC QIO MEDICARE CONTRATOR on 9/11/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 15 MOTION for Summary Judgment by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 14 Memorandum in opposition to #5 Motion to Dismiss, filed by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 13 MOTION for Extension of Time to Answer Def., Livinta Motion to Dismiss Plainitff's Complaint by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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Filing 7
GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on September 14, 2023. (lcrbw1) [Transferred from District of Columbia on 3/21/2024.]
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| Filing 9 AFFIDAVIT FOR DEFAULT by LUTFALLAH T. SAWABINI. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LIVANTA LLC BFCC QIO MEDICARE CONTRATOR served on 7/27/2023, answer due 8/17/2023. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 6 REPLY to Plaintiff's Request for a Default Judgment filed by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Attachments: #1 Exhibit)(Brittin, Alexander) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 5 MOTION to Dismiss for lack of subject matter jurisdication or in the alternative for failure to state a claim upon which relief may be granted by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Text of Proposed Order)(Brittin, Alexander) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 4 NOTICE of Appearance by Alexander Jonathan Brittin on behalf of LIVANTA LLC BFCC QIO MEDICARE CONTRATOR (Brittin, Alexander) [Transferred from District of Columbia on 3/21/2024.] |
| NOTICE OF ERROR regarding #3 Notice (Other). The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 3 ENTERED IN ERROR.....NOTICE Letter to Judge Walton by LIVANTA LLC BFCC QIO MEDICARE CONTRATOR (Brittin, Alexander); Modified on 8/22/2023 (ztth). [Transferred from District of Columbia on 3/21/2024.] |
| Filing 2 Letter from LUTFALLAH T. SAWABINI. "Leave to file granted." Signed by Judge Judge Reggie B. Walton on 8/2/2023.(ztth) [Transferred from District of Columbia on 3/21/2024.] |
| Filing 1 COMPLAINT against XAVIER BECERRA, LIVANTA LLC BFCC QIO MEDICARE CONTRATOR (Filing fee $ 402, receipt number 205149) with Jury Demand filed by LUTFALLAH T. SAWABINI. (Attachments: #1 Memorandum in Support, #2 Exhibits, #3 Civil Cover Sheet) (ztth) [Transferred from District of Columbia on 3/21/2024.] |
| SUMMONS (4) Issued as to XAVIER BECERRA, LIVANTA LLC BFCC QIO MEDICARE CONTRATOR, U.S. Attorney and U.S. Attorney General. (ztth) [Transferred from District of Columbia on 3/21/2024.] |
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