Jenkins v. The Moses H. Cone Memorial Health Services Corporation, et al
| Jenkins and Christopher Jenkins |
| The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated, Avectus Healthcare Solutions, LLC and SVN Holdings, LLC |
| 5:2016cv00188 |
| April 21, 2016 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Louise Wood Flanagan |
| Contract: Other |
| 28 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on August 28, 2018. A more recent docket listing may be available from PACER.
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| Filing 94 MANDATE of US Court of Appeals (certified copy) as to #90 Notice of Appeal filed by Christopher Jenkins. (Foell, S.) |
Filing 93
ORDER of US Court of Appeals as to #90 Notice of Appeal filed by Christopher Jenkins. Appeal dismissed. (Foell, S.)
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| Filing 92 US Court of Appeals Case Number 18-1453 (Donna Lett, Case Manager) as to #90 Notice of Appeal filed by Christopher Jenkins. (Foell, S.) |
| Filing 91 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #90 Notice of Appeal. (Foell, S.) |
| Filing 90 Notice of Appeal filed by Christopher Jenkins. Filing fee, receipt number 0417-4482188. (Malone, J.) |
| Filing 89 Parties' Response Confirming No Redactions to Order #87 Requested filed by The Moses H. Cone defendants. (Attachments: #1 Envelope) (Collins, S.) |
| Filing 88 JUDGMENT. Signed by Peter A. Moore, Jr., Clerk of Court on 3/30/2018. (Collins, S.) |
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Filing 87
SEALED ORDER. Signed by District Judge Louise Wood Flanagan on 3/30/2018. (Collins, S.)
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| Motions Submitted to District Judge Louise Wood Flanagan: regarding #71 MOTION for Judgment on the Pleadings and Joinder in the Cone Defendants' Motion for Judgment on the Pleadings, #64 MOTION for Judgment on the Pleadings . (Edwards, S.) |
| Filing 85 REPLY to Response to Motion regarding #71 MOTION for Judgment on the Pleadings and Joinder in the Cone Defendants' Motion for Judgment on the Pleadings filed by SVN Holdings, LLC. (Lumsden, Dana) Modified on 4/4/2017 to correct the document relationship (Edwards, S.). |
| Filing 84 REPLY to Response to Motion regarding #64 MOTION for Judgment on the Pleadings filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 83 RESPONSE in Opposition regarding #71 MOTION for Judgment on the Pleadings and Joinder in the Cone Defendants' Motion for Judgment on the Pleadings filed by Christopher Jenkins. (Malone, J.) |
| Filing 82 RESPONSE in Opposition regarding #64 MOTION for Judgment on the Pleadings filed by Christopher Jenkins. (Attachments: #1 Unpublished Case) (Malone, J.) |
| Filing 81 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern: Telephonic Motion Hearing and Rule 16 Conference held on 3/9/2017 regarding #74 MOTION for Protective Order and for Stay of Discovery filed by SVN Holdings, LLC, #69 MOTION to Strike Plaintiff's Demand for Trial by Jury filed by SVN Holdings, LLC, #62 MOTION to Strike #34 Amended Complaint - Motion to Strike Plaintiff's Demand for Trial by Jury filed by The Moses H. Cone Memorial Hospital, Incorporated, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, and #66 MOTION for Protective Order and MOTION to Stay Discovery filed by The Moses H. Cone Memorial Hospital, Incorporated, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital. Counsel present for all parties. Oral arguments proffered in furtherance of the parties' respective positions pertaining to all pending motions and matters bearing on advancement of case schedule. Court allows in large part the defendants' motions to stay pending address of defendants' motions for judgment on the pleadings, except with respect to the exchange of initial disclosures which is to occur within 14 days. Court grants defendants' motions to strike plaintiff's jury demand. Plaintiff's jury demand is ordered stricken as untimely, without prejudice to renew at the appropriate time. (Court Reporter - Bobbie Goforth) (Baker, C.) |
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ORAL ORDER granting without prejudice #62 Motion to Strike Plaintiff's Jury Demand and #69 Motion to Strike Plaintiff's Jury Demand - Signed by District Judge Louise Wood Flanagan on 3/9/2017. (Baker, C.)
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ORAL ORDER granting in large part and denying in remaining part #66 Motion for Protective Order and Motion to Stay Discovery and #74 Motion for Protective Order and Motion to Stay Discovery - Entered by District Judge Louise Wood Flanagan on 3/9/2017. (Baker, C.)
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| Filing 80 Notice of Suggestion of Subsequently Controlling Decided Authority regarding #66 MOTION for Protective Order and MOTION to Stay Discovery filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Unpublished Opinion, #2 Unpublished Opinion, #3 Unpublished Opinion) (Leerberg, Matthew) |
| Motions Submitted to District Judge Louise Wood Flanagan - #69 MOTION to Strike Plaintiff's Demand for Trial by Jury and Joinder in Cone Defendants' Motion to Strike Plaintiff's Demand for Trial by Jury, #62 MOTION to Strike #34 Amended Complaint - Motion to Strike Plaintiff's Demand for Trial by Jury, and #66 MOTION for Protective Order and MOTION to Stay Discovery. (Baker, C.) |
| Filing 79 RESPONSE in Opposition regarding #66 MOTION for Protective Order and MOTION to Stay Discovery filed by Christopher Jenkins. (Attachments: #1 Exhibit - unpublished decision, #2 Exhibit - unpublished decision, #3 Exhibit - unpublished decision, #4 Exhibit - news article, #5 Exhibit - unpublished decision) (Malone, J.) |
| Filing 78 RESPONSE to Motion regarding #69 MOTION to Strike Plaintiff's Demand for Trial by Jury and Joinder in Cone Defendants' Motion to Strike Plaintiff's Demand for Trial by Jury and #62 MOTION to Strike #34 Amended Complaint - Motion to Strike Plaintiff's Demand for Trial by Jury filed by Christopher Jenkins. (Malone, J.) |
| Filing 77 Proposed Order regarding #66 MOTION for Protective Order MOTION to Stay Discovery filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 76 Proposed Order regarding #62 MOTION to Strike #34 Amended Complaint - Motion to Strike Plaintiff's Demand for Trial by Jury filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 75 Memorandum in Support regarding #74 MOTION for Protective Order and for Stay of Discovery and Joinder in the Cone Defendants' Motion for Protective Order and a Stay of Discovery filed by SVN Holdings, LLC. (Lumsden, Dana) |
| Filing 74 MOTION for Protective Order and for Stay of Discovery and Joinder in the Cone Defendants' Motion for Protective Order and a Stay of Discovery filed by SVN Holdings, LLC. (Attachments: #1 Text of Proposed Order) (Lumsden, Dana) |
| Filing 73 Proposed Order regarding #69 MOTION to Strike Plaintiff's Demand for Trial by Jury and Joinder in Cone Defendants' Motion to Strike Plaintiff's Demand for Trial by Jury filed by SVN Holdings, LLC. (Lumsden, Dana) |
| Filing 72 Memorandum in Support regarding #71 MOTION for Judgment on the Pleadings and Joinder in the Cone Defendants' Motion for Judgment on the Pleadings filed by SVN Holdings, LLC. (Lumsden, Dana) |
| Filing 71 MOTION for Judgment on the Pleadings and Joinder in the Cone Defendants' Motion for Judgment on the Pleadings filed by SVN Holdings, LLC. (Lumsden, Dana) |
| NOTICE OF DEFICIENCY regarding #69 Motion to Strike, #62 Motion to Strike, and #66 Motion for Protective Order/Motion to Stay Discovery - Pursuant to the presiding judge's practice preferences available on this court's website, counsel must file a proposed order with non-dispositive motions. Counsel is directed to now file the proposed orders electronically using the "Proposed Order" event located in the RESPONSES AND REPLIES category. (Baker, C.) |
| TEXT NOTICE of Hearing: Telephonic Rule 16 Conference regarding #68 Rule 26(f) Report and Motion Hearing regarding #66 MOTION for Protective Order and MOTION to Stay Discovery set for 3/9/2017 at 9:00 AM before District Judge Louise Wood Flanagan. Counsel will be contacted via electronic mail by court personnel who shall provide the dial-in information necessary to participate in the conference. (Baker, C.) |
| Set Hearing as to #66 MOTION for Protective Order and MOTION to Stay Discovery - Telephonic Motion Hearing set for 3/9/2017 at 9:00 AM before District Judge Louise Wood Flanagan. (Baker, C.) |
| Filing 70 Memorandum in Support regarding #69 MOTION to Strike Plaintiff's Demand for Trial by Jury and Joinder in Cone Defendants' Motion to Strike Plaintiff's Demand for Trial by Jury filed by SVN Holdings, LLC. (Lumsden, Dana) |
| Filing 69 MOTION to Strike Plaintiff's Demand for Trial by Jury and Joinder in Cone Defendants' Motion to Strike Plaintiff's Demand for Trial by Jury filed by SVN Holdings, LLC. (Lumsden, Dana) |
| Filing 68 Rule 26(f) Report (joint) filed by Christopher Jenkins. (Malone, J.) |
| Filing 67 Memorandum in Support regarding #66 MOTION for Protective Order and MOTION to Stay Discovery filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Unpublished case - Bragg, #2 Unpublished case - Loffredo, #3 Unpublished case - Loney, #4 Unpublished case - McMillian, #5 Unpublished Case - AT Massey, #6 Unpublished case - Yongo, #7 Unpublished case - York) (Leerberg, Matthew) |
| Filing 66 MOTION for Protective Order and MOTION to Stay Discovery filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 65 Memorandum in Support regarding #64 MOTION for Judgment on the Pleadings filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Unpublished case - Chisholm, #2 Unpublished case - Conn. Gen, #3 Unpublished case - CSC, #4 Unpublished case - Johnson, #5 Unpublished case - Lance, #6 Unpublished case - Lawrence, #7 Unpublished case - Loffredo, #8 Unpublished case - Rivera, #9 Unpublished case - Street, #10 Unpublished case - Wood) (Leerberg, Matthew) |
| Filing 64 MOTION for Judgment on the Pleadings filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 63 Memorandum in Support regarding #62 MOTION to Strike #34 Amended Complaint - Motion to Strike Plaintiff's Demand for Trial by Jury filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 62 MOTION to Strike #34 Amended Complaint - Motion to Strike Plaintiff's Demand for Trial by Jury filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 61 ANSWER to #34 Amended Complaint by SVN Holdings, LLC. (Puckett, Amy) |
| Filing 60 ANSWER to #34 Amended Complaint by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
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TEXT ORDER regarding #53 SEALED Order - In accordance with sealed order entered December 30, 2016 at DE 53, directing the parties to provide the clerk, within fourteen (14) days after entry, a copy of that order marked to reflect any perceived necessary redactions, the court having received the consented to submission and given its approval to same, DIRECTED the redacted copy of the sealed order be made a part of the public record. The redacted order has been entered at DE 59. Signed by District Judge Louise Wood Flanagan on 1/23/2017. (Baker, C.)
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Filing 58
ORDER granting #57 Consent Motion for Extension of Time to Answer regarding #34 Amended Complaint and to Hold Rule 26(f) Conference - Signed by District Judge Louise Wood Flanagan on 1/10/2017. (Baker, C.)
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| Filing 57 Consent MOTION for Extension of Time to File Answer regarding #34 Amended Complaint and to Hold Rule 26(f) Conference filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Text of Proposed Order) (Leerberg, Matthew) |
| Filing 56 RESPONSE regarding #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #53 SEALED Order - Plaintiff's Response re Footnote filed by Christopher Jenkins. (Fields, Robert) |
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Filing 54
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 2/7/2017. Counsel should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 1/3/2017. (Baker, C.)
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Filing 59
REDACTED ORDER regarding #53 SEALED Order - Signed by District Judge Louise Wood Flanagan on 12/30/2016. (Tripp, S.) Modified on 1/23/2017 to correct filing date. (Baker, C.)
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Filing 53
SEALED ORDER - Defendants' motions to dismiss (DE 40, 42) are GRANTED IN PART and DENIED IN PART. Plaintiff's ERISA claim (Count X) is allowed to proceed. Where plaintiff's claims for breach of contract (Counts IIII), declaratory judgment (Count XI), and tortious interference with contract (Count XII) are completely preempted by 502(a) of ERISA, such claims are to be construed as federal claims and are also allowed to proceed. Plaintiff's remaining claims are DISMISSED. Plaintiff is reminded that the court DIRECTS him to respond to defendants' request regarding the voluntary dismissal of claims against certain Moses Cone defendants within ten days of this order. The court's analysis relies, in part, on documents filed under seal. (See DE 26-1; 26-2; 26-3). Within 14 days, the parties jointly shall return to the court by U.S. Mail, addressed to the case manager, a copy of this order marked to reflect any perceived necessary redactions. Upon the court's inspection and approval, a redacted copy of this sealed order will be made part of the public record. Signed by District Judge Louise Wood Flanagan on 12/30/2016. (Baker, C.)
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Filing 52
ORDER Substituting SVN Holdings, LLC, for Avectus Healthcare Solutions, LLC - Signed by District Judge Louise Wood Flanagan on 10/28/2016. (Baker, C.)
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| Filing 51 STIPULATION to Substitute Defendant by Avectus Healthcare Solutions, LLC (Attachments: #1 Text of Proposed Order) (Puckett, Amy) Modified on 10/25/2016 to open pending motion event. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #51 STIPULATION to Substitute Defendant. (Baker, C.) |
| Motions Submitted to District Judge Louise Wood Flanagan - #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Baker, C.) |
| Filing 50 REPLY to Response to Motion regarding #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Avectus Healthcare Solutions, LLC. (Puckett, Amy) |
| Filing 49 REPLY to Response to Motion regarding #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Unpublished case - Braitberg, #2 Unpublished case - Diamond Falls, #3 Unpublished case - Dockery, #4 Unpublisehd case - Shoe Show) (Leerberg, Matthew) |
| Filing 48 RESPONSE in Opposition regarding #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christopher Jenkins. (Attachments: #1 Chao v Rhoades unpublished case, #2 In re Skerlak unpublished case, #3 Scherer v Steel Creek unpublished case) (Malone, J.) |
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TEXT ORDER regarding #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Avectus Healthcare Solutions, LLC and #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Moses H. Cone Memorial Hospital, Incorporated, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital - In light of the volume of materials filed in relation to the motions now pending, the court directs the parties to provide to the court one set of courtesy copies of papers already filed in support of or in opposition to the motions to dismiss within 14 days of the date of this order. Courtesy copies shall include all motions, briefs and exhibits, except exhibits comprising unpublished cases. Courtesy copies shall be one-sided, tabbed, and secured with rubber bands or clips, but not placed in binders. Courtesy copies shall be delivered to the attention of the Clerk, U.S. District Court, 413 Middle St., New Bern, NC 28560. Likewise, paper copies of any reply shall be provided. Signed by District Judge Louise Wood Flanagan on 9/12/2016. (Baker, C.)
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| Filing 47 RESPONSE in Opposition regarding #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM BY MOSES CONE filed by Christopher Jenkins. (Attachments: #1 Wakemed's Amended Motion to Dismiss, #2 Order Denying Wakemed's Motion to Dismiss, #3 unpublished case - Thomas v. Hartford Life, #4 unpublished case - Young v. Citimortage) (Malone, J.) |
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Filing 46
ORDER granting #44 Motion for Leave to File Excess Pages for Brief in Opposition to Moses Cone's Motion to Dismiss - Signed by District Judge Louise Wood Flanagan on 9/6/2016. (Baker, C.)
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| Filing 45 Memorandum in Support regarding #44 MOTION for Leave to File Excess Pages for Brief in Opposition to Moses Cone's Motion to Dismiss filed by Christopher Jenkins. (Malone, J.) |
| Filing 44 MOTION for Leave to File Excess Pages for Brief in Opposition to Moses Cone's Motion to Dismiss filed by Christopher Jenkins. (Attachments: #1 Text of Proposed Order) (Malone, J.) |
| Filing 43 Memorandum in Support regarding #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Avectus Healthcare Solutions, LLC. (Attachments: #1 Unpublished Opinion B.V.I. Indus., Inc. v. Microsoft Corp, #2 Unpublished Opinion Battleground Veterinary Hosp., P.C. v. McGeough, #3 Unpublished Opinion Benjamin v. Sparks, #4 Unpublished Opinion Costin v. Ally Bank Corp, #5 Unpublished Opinion Epling v. Dolgencorp, Inc, #6 Unpublished Opinion Exclaim Mktg., LLC v. Directv, #7 Unpublished Opinions Key v. Dirty S. Custom Sound and Wheels, #8 Unpublished Opinions Orban v. Nationwide Tr. Servs., Inc) (Puckett, Amy) |
| Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Avectus Healthcare Solutions, LLC. (Puckett, Amy) |
| Filing 41 Memorandum in Support regarding #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 unpublished case - Benson, #2 unpublished case - Cabrera, #3 unpublished case - Charlotte, #4 unpublished case - Deltacom, #5 unpublished case - Directv Breedlove, #6 Exhibit unpublished case - Directv Callahan, #7 unpublished case - Gacy, #8 unpublished case - Grp. Health, #9 Exhibit unpublished case - Jarvis, #10 unpublished case - Johnson, #11 unpublished case - Mozingo, #12 unpublished case - Penguin, #13 unpublished case - Taylor, #14 unpublished case - Thomas, #15 unpublished case - Veolia, #16 unpublished case - Woodruff) (Leerberg, Matthew) |
| Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A. Remand Order, #3 Exhibit B. Jenkins I Complaint, #4 Exhibit C. Southern I Complaint) (Leerberg, Matthew) |
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Filing 39
ORDER granting #37 Motion for Leave to File Excess Pages - Cone shall be permitted to file a brief in support of its Motion to Dismiss of up to 40 pages. Signed by District Judge Louise Wood Flanagan on 8/10/2016. (Baker, C.)
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| Filing 38 Memorandum in Support regarding #37 MOTION for Leave to File Excess Pages filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 37 MOTION for Leave to File Excess Pages filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Text of Proposed Order) (Leerberg, Matthew) |
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Filing 36
ORDER granting #35 Consent Motion for Scheduling Order in Lieu of Response to Defendants' Motions to Dismiss Plaintiff's Original Complaint - Defendants shall have until August 13, 2016 within which to respond to the Amended Complaint; Plaintiff shall have until September 12, 2016, to respond to any dispositive motion that the defendants file in response to the Amended Complaint. Defendants will file any replies in accordance with Local Rule 7.1(f)(1). Signed by District Judge Louise Wood Flanagan on 7/18/2016. (Baker, C.)
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| Motion Submitted to District Judge Louise Wood Flanagan #35 Consent Motion For Scheduling Order in Lieu of Response to Defendants' Motions to Dismiss Plaintiff's Original Complaint. (Baker, C.) |
| Filing 35 Consent Motion For Scheduling Order in Lieu of Response to Defendants' Motions to Dismiss Plaintiff's Original Complaint filed by Christopher Jenkins. (Attachments: #1 Text of Proposed Order) (Malone, J.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
| Filing 34 AMENDED COMPLAINT against All Defendants, filed by Christopher Jenkins. (Attachments: #1 Exhibit 1 - October 24, 2013 Moses Cone bill, #2 Exhibit 2 - Moses Cone Billing and Collection Policy, #3 Exhibit 3 - Moses Cone Managed Care Information, #4 Exhibit 4 - November 7, 2013 Avectus lien notice, #5 Exhibit 5 - January 17, 2014 letter to Avectus, #6 Exhibit 6 - Feb. 24, 2014 letter from Avectus, #7 Exhibit 7 - April 8, 2014 letter to Avectus) (Malone, J.) |
| Filing 33 Affidavit of Service for Summons and Complaint filed by Christopher Jenkins served on all Defendants on May 3, 2016. (Malone, J.) |
| NOTICE OF DEFICIENCY regarding: #33 Affidavit of Service. Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Refiling of the document will not be required in this limited instance, but future filings must adhere to this court's filing policies. (Baker, C.) |
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Filing 32
ORDER granting #28 Motion to Seal Document #26 PROPOSED SEALED Document - Signed by District Judge Louise Wood Flanagan on 6/29/2016. (Baker, C.)
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TEXT ORDER - Where each defendant has made a motion to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order. Unless a party raises objection to a stay of these activities, pending completion of briefing on the motions now at issue, and decision thereon by this court, in filing due within fourteen (14) days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendants' motions. Signed by District Judge Louise Wood Flanagan on 6/27/2016. (Baker, C.)
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| Filing 31 Memorandum in Support regarding #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Avectus Healthcare Solutions, LLC. (Attachments: #1 Unpublished opinion - B.V.I. Indus., Inc. v. Microsoft Corp, #2 Unpublished opinion - Battleground Veterinary Hosp., P.C. v. McGeough, #3 Unpublished opinion - Benjamin v. Sparks, #4 Unpublished opinion - Costin v. Ally Bank Corp, #5 Unpublished opinion - Epling v. Dolgencorp, Inc, #6 Exhibit Unpublished opinion - Exclaim Mktg., LLC v. Directv, #7 Unpublished opinion - Key v. Dirty S. Custom Sound and Wheels, #8 Unpublished opinion - Orban v. Nationwide Tr. Servs., Inc) (Puckett, Amy) |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Avectus Healthcare Solutions, LLC. (Puckett, Amy) |
| Motion Submitted to District Judge Louise Wood Flanagan - #28 Consent MOTION to Seal Document #26 PROPOSED SEALED Document. (Baker, C.) |
| Filing 29 Memorandum in Support regarding #28 Consent MOTION to Seal Document #26 PROPOSED SEALED Document filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Unpublished case, #2 Unpublished case) (Leerberg, Matthew) |
| Filing 28 Consent MOTION to Seal Document #26 PROPOSED SEALED Document filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Text of Proposed Order) (Leerberg, Matthew) |
| Filing 27 Memorandum in Support regarding #25 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Unpublished case, #2 Unpublished case, #3 Unpublished case, #4 Unpublished case, #5 Unpublished case, #6 Unpublished case, #7 Unpublished case, #8 Unpublished case, #9 Unpublished case, #10 Unpublished case, #11 Unpublished case, #12 Unpublished case, #13 Unpublished case, #14 Unpublished case, #15 Unpublished case, #16 Unpublished case, #17 Unpublished case, #18 Unpublished case, #19 Unpublished case, #20 Unpublished case) (Leerberg, Matthew) |
| Filing 26 SEALED Exhibits regarding #27 Memorandum in Support (Selected Participants Only) by The Moses H. Cone Memorial Health Services Corporation; The Moses H. Cone Memorial Hospital, Incorporated; The Moses H. Cone Memorial Hospital Operating Corporation; The Moses H. Cone Memorial Hospital (available to: Defendants Avectus Healthcare Solutions, LLC, The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated, Plaintiff Christopher Jenkins) regarding #25 MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachments: #1 Exhibit D - Insurance Card, #2 Exhibit E - General Consent, #3 Exhibit F - Provider Agreement, #4 Exhibit G - Lien Notice) (Leerberg, Matthew) Modified on 6/29/2016 to remove 'proposed' from docket text pursuant to #32 ORDER. (Baker, C.) |
| Filing 25 MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Remand Order, #3 Exhibit B - Jenkins I Complaint, #4 Exhibit C - Southern I Complaint) (Leerberg, Matthew) |
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Filing 24
ORDER granting #22 Motion for Leave to File Excess Pages - Cone shall be permitted to file a brief in support of its Motion to Dismiss of up to 40 pages. Signed by District Judge Louise Wood Flanagan on 6/22/2016. (Baker, C.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #22 MOTION for Leave to File Excess Pages. (Baker, C.) |
| Filing 23 Memorandum in Support regarding #22 MOTION for Leave to File Excess Pages filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 22 MOTION for Leave to File Excess Pages filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Text of Proposed Order Proposed order) (Leerberg, Matthew) |
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Filing 21
ORDER REASSIGNING CASE. Case reassigned to the Honorable Louise Wood Flanagan, United States District Judge, for all further proceedings. District Judge Terrence W. Boyle no longer assigned to case. All future filings shall reflect the revised case number of 5:16-CV-188-FL. Signed by Julie Richards Johnston, Clerk of Court on 6/3/2016. (Hockaday, A.)
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| TEXT ORDER granting defendants' #14 motion for extension of time. Defendants The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation and The Moses H. Cone Memorial Hospital, Incorporated have through and including June 23, 2016 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 5/26/2016. (Skinner, J.) |
| Motion Referred to Julie Richards Johnston, Clerk of Court regarding: #19 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Marsh, K) |
| TEXT ORDER granting defendant's #19 motion for extension of time. Defendant identified as Avectus Healthcare Solutions, LLC has through and including June 24, 2016 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 5/26/2016. (Skinner, J.) |
| Filing 20 Notice filed by Avectus Healthcare Solutions, LLC regarding #19 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint Proposed Order Extending Time to Respond to Complaint. (Lumsden, Dana) |
| Filing 19 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint filed by Avectus Healthcare Solutions, LLC. (Lumsden, Dana) |
| Filing 18 Financial Disclosure Statement by Avectus Healthcare Solutions, LLC. (Lumsden, Dana) |
| Filing 17 Notice of Appearance filed by Amy Elizabeth Puckett on behalf of Avectus Healthcare Solutions, LLC. (Puckett, Amy) |
| Filing 16 Notice of Appearance filed by Dana C. Lumsden on behalf of Avectus Healthcare Solutions, LLC. (Lumsden, Dana) |
| Motion Referred to Julie Richards Johnston, Clerk of Court: #14 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Romine, L.) |
| Filing 15 Notice of Appearance filed by Dorothy H. Cornwell on behalf of The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Cornwell, Dorothy) |
| Filing 14 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint filed by The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time to Respond to Complaint) (Leerberg, Matthew) |
| Filing 13 Financial Disclosure Statement by The Moses H. Cone Memorial Hospital Operating Corporation identifying Corporate Parent The Moses H. Cone Memorial Hospital for The Moses H. Cone Memorial Hospital Operating Corporation. (Leerberg, Matthew) |
| Filing 12 Financial Disclosure Statement by The Moses H. Cone Memorial Hospital. (Leerberg, Matthew) |
| Filing 11 Financial Disclosure Statement by The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 10 Financial Disclosure Statement by The Moses H. Cone Memorial Health Services Corporation identifying Corporate Parent The Moses H. Cone Memorial Hospital for The Moses H. Cone Memorial Health Services Corporation. (Leerberg, Matthew) |
| Filing 9 Notice of Appearance filed by Matthew Nis Leerberg on behalf of The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Leerberg, Matthew) |
| Filing 8 Notice of Appearance filed by Maureen D. Murray on behalf of The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation, The Moses H. Cone Memorial Hospital, Incorporated. (Murray, Maureen) |
| Filing 7 Summonses Issued as to Avectus Healthcare Solutions, LLC, The Moses H. Cone Memorial Health Services Corporation, The Moses H. Cone Memorial Hospital, The Moses H. Cone Memorial Hospital Operating Corporation and The Moses H. Cone Memorial Hospital, Incorporated. (Marsh, K) |
| Filing 6 Notice of Appearance filed by Robert E. Fields, III on behalf of Christopher Jenkins. (Fields, Robert) |
| Filing 5 Notice filed by Christopher Jenkins Certificate of Service for Financial Disclosure Form. (Malone, J.) |
| Filing 4 Financial Disclosure Statement by Christopher Jenkins. (Malone, J.) |
| Filing 3 Notice of Appearance filed by J. Michael Malone on behalf of Christopher Jenkins. (Malone, J.) |
| Filing 2 Notice filed by Christopher Jenkins Civil Cover Sheet and Attached Proposed Summonses. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Malone, J.) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0417-3656217) filed by Christopher Jenkins. (Malone, J.) Modified on 4/21/2016 to correct docket text information. (Felder, J) |
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