THOMPKINS et al v. KEY HEALTH MEDICAL SOLUTIONS, INC.
| LISA GAIL THOMPKINS and HARVEY SANFORD BOONE, III |
| KEY HEALTH MEDICAL SOLUTIONS, INC. |
| 1:2012cv00613 |
| June 20, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| UNASSIGNED |
| JOI ELIZABETH PEAKE |
| Consumer Credit |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
72
ORDER signed by JUDGE JAMES A. BEATY, JR on 8/20/2015 adopting the Magistrate Judge's Order and Recommendation [Doc. # 70 ]; that the stay of this matter is LIFTED, that the Plaintiffs' Motion for Class Certification [Doc. # 23 ] is DENIED without prejudice, and that the Plaintiffs' Motion for Oral Argument [Doc. # 61 ] is DENIED without prejudice. FURTHER that the parties are to file a proposed discovery plan on or before September 17, 2015. (Sheets, Jamie)
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Filing
68
ORDER signed by JUDGE JAMES A. BEATY, JR on 6/24/2015 adopting in part MEMORANDUM OPINION, ORDER, AND RECOMMENDATION 64 ; that the Defendant's Motion to Dismiss [Doc. # 21 ] is DENIED. FURTHER that Defendant's Request for Jud icial Notice [Doc. # 28 ] is GRANTED, that Plaintiffs' Request for Judicial Notice and for Leave to Submit New Evidence in Support of the Motion for Class Certification [Doc. # 52 ] is GRANTED, and that Defendant's Motion to S trike Plaintiffs' Disclosure of New Matters [Doc. # 54 ] is DENIED. FURTHER that Plaintiffs' Motion for Class Certification [Doc. # 23 ] and the decision to stay all proceedings in this matter are RESUBMITTED to the Ma gistrate Judge for further consideration. FURTHER that Plaintiffs' Motion for Oral Argument on Class Certification [Doc. # 61 ] is also RESUBMITTED to the Magistrate Judge for further consideration should the Magistrate Judge consider it necessary. (Sheets, Jamie)
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Filing
64
MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/23/2015; that Defendant's Motion to Dismiss [Doc. # 21 ] be denied. ORDERED that Defendant's Request for Jud icial Notice [Doc. # 28 ] is GRANTED to the extent the Court has considered the information submitted, although that submission does not affect the determination of the Motion to Dismiss. FURTHER that Plaintiffs' Motion for Class C ertification [Doc. # 23 ] is STAYED, and all further proceedings in this matter are STAYED pending final adjudication of the class action in Washington v. Key Health Medical Solutions, Inc., Case No.: BC473716 (Los Angeles, CA Superior Ct.), unless Plaintiffs submit a motion to proceed with discovery only as to the named Plaintiffs while the California Action remains pending. FURTHER that Plaintiffs' Request for Judicial Notice and for Leave to Submit New Evidence in Su pport of Motion for Class Certification [Doc. # 52 ] is GRANTED to the extent that the Court has considered the information submitted, and as such, Defendant's Motion to Strike Plaintiffs' "Disclosure of New Matters" [Doc. # 54 ] is DENIED. FURTHER that Plaintiffs' Motion for Oral Argument on Class Certification [Doc. # 61 ] is DENIED as moot in light of the stay of these proceedings. (Sheets, Jamie)
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