MC1 Healthcare LLC v. Mountainside Solutions, Inc. et al
| MC1 Healthcare LLC |
| Michael E. Elkins and Mountainside Solutions, Inc. |
| 1:2018cv00315 |
| November 1, 2018 |
| US District Court for the Western District of North Carolina |
| Martin Reidinger |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 20, 2021. A more recent docket listing may be available from PACER.
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Filing 55
MEMORANDUM in Support re #54 MOTION to Dismiss Defendants' Counterclaims by MC1 Healthcare LLC. (Crandall, Rebecca)
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Filing 54
MOTION to Dismiss Defendants' Counterclaims by MC1 Healthcare LLC. Responses due by 1/4/2019 plus an additional 3 days if served by mail (Crandall, Rebecca)
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Filing 53
MEMORANDUM in Support re #52 MOTION to Amend/Correct Complaint by MC1 Healthcare LLC. (Crandall, Rebecca)
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Filing 52
MOTION to Amend/Correct Complaint by MC1 Healthcare LLC. Responses due by 1/4/2019 plus an additional 3 days if served by mail (Crandall, Rebecca)
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Filing 51
DECLARATION of R. Crandall filed by MC1 Healthcare LLC (Attachments: #1 Exhibit Complaint, #2 Exhibit Answer and counterclaims, #3 Exhibit Amended complaint (proposed), #4 Exhibit Redline amended complaint (proposed))(Crandall, Rebecca)
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TEXT-ONLY ORDER granting #50 Motion for Extension of Time to File Response/Reply re #47 MOTION to Dismiss for Failure to State a Claim Responses due by 12/21/2018 plus an additional 3 days if served by mail Replies due by 1/11/2019 plus an additional 3 days if served by mail Text of Order: The parties' Joint Motion is GRANTED, and the Plaintiff shall have until December 21, 2018, to respond to the Defendants Counterclaims and Motion to Dismiss in this matter. The Defendants shall have until January 11, 2019 to file a reply in support of their motion to dismiss. So Ordered. Entered by District Judge Martin Reidinger on 12/14/18. (LMR)
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Filing 50
Joint MOTION for Extension of Time to File Response/Reply re: #47 MOTION to Dismiss for Failure to State a Claim by MC1 Healthcare LLC. Responses due by 12/27/2018 plus an additional 3 days if served by mail (Crandall, Rebecca)
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TEXT-ONLY ORDER granting #49 Consent Motion for Extension of Time to File Response to #47 MOTION to Dismiss for Failure to State a Claim and Counterclaims. Text of Order: The Plaitiff's #49 Motion is GRANTED, and Plaintiff shall have through and including December 14, 2018, within which to file a response to #47 Motion to Dismiss for Failure to State a Claim and Counterclaims. So Ordered. Responses due by 12/14/2018 plus an additional 3 days if served by mail. Entered by District Judge Martin Reidinger on 11/26/2018. (khm)
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Filing 49
Consent MOTION for Extension of Time to File Response/Reply re: #47 MOTION to Dismiss for Failure to State a Claim and Counterclaims by MC1 Healthcare LLC. Responses due by 12/5/2018 plus an additional 3 days if served by mail (Crandall, Rebecca)
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Filing 48
Proposed Order re: #47 Motion to Dismiss/Failure to State a Claim by Michael E. Elkins. (Matney, David) Modified text on 11/28/2018 (ni)
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Filing 47
MOTION to Dismiss for Failure to State a Claim by Michael E. Elkins. Responses due by 11/29/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum)(Matney, David)
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Filing 46
Mountainside Recovery, Inc. ANSWER to #6 Complaint , COUNTERCLAIM against MC1 Healthcare LLC by Mountainside Solutions, Inc..(Matney, David)
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Filing 45
ORDER granting #41 Motion for Leave to Appear Pro Hac Vice, added Mioko C. Tajika for MC1 Healthcare LLC; granting #42 Motion for Leave to Appear Pro Hac Vice, added David G. Ebert for MC1 Healthcare LLC. Signed by District Judge Martin Reidinger on 11/09/2018. (ni)
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Filing 44
ORDER granting #38 Motion for Leave to Appear Pro Hac Vice. Signed by District Judge Martin Reidinger on 11/09/2018. (ni)
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Notice to Christian W. Liedtke: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/20/2018. (ni)
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Notice to Mioko C. Tajika, David G. Ebert: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/20/2018. (ni)
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Filing 43
***Disregard entry. See docket entry #41 .
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Filing 42
MOTION for Leave to Appear Pro Hac Vice as to David G. Ebert Filing fee $ 281, receipt number 0419-3858399. by MC1 Healthcare LLC. (Crandall, Rebecca) (Additional attachment(s) added on 11/16/2018: #1 Certificate of Service) (ni).
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Filing 41
MOTION for Leave to Appear Pro Hac Vice as to Mioko C. Tajika Filing fee $ 281, receipt number 0419-3858378. by MC1 Healthcare LLC. (Crandall, Rebecca) (Main Document 41 replaced on 11/9/2018 w/ corrected PDF. NEF regenerated) (ni)
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Filing 40
NOTICE of Appearance by Rebecca E. Crandall on behalf of MC1 Healthcare LLC (Crandall, Rebecca)
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Filing 39
CERTIFICATE OF SERVICE by Michael E. Elkins, Mountainside Solutions, Inc. re #38 MOTION for Leave to Appear Pro Hac Vice as to Christian W. Liedtke Filing fee $ 281, receipt number 0419-3857718. (Matney, David)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice as to Christian W. Liedtke Filing fee $ 281, receipt number 0419-3857718. by Michael E. Elkins, Mountainside Solutions, Inc.. (Matney, David)
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Filing 37
Case transferred in from District of New York Southern; Case Number 1:18-cv-06920. Original electronic file and docket sheet received.
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Set/Reset Deadlines: All Defendants Answer due 11/15/18. (rth)
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Case assigned to District Judge Martin Reidinger. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
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Notice to Mioko Catherine Tajika, David Glenn Ebert, Christian W. Liedtke: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 11/8/2018. (rth)
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of North Carolina (ne) [Transferred from New York Southern on 11/1/2018.]
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Filing 36
ORDER: In accordance with Local Civil Rule 83.1, the Clerk is directed to effectuate the transfer of this case to the Western District of North Carolina upon the expiration of seven days from this Court's Order granting Plaintiff's motion to transfer (ECF No. 33). The status conference scheduled for tomorrow, October 26, 2018, is canceled. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/25/2018) (ne) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/1/2018.]
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Filing 35
ORDER denying #29 Motion for Attorney Fees. There is no basis for attorneys' fees. It is defendant's counsel, not plaintiff, who has unnecessarily caused expenses and fees. A transfer to Western North Carolina, to which plaintiff agreed, clearly was the easiest and least expensive way to satisfy defendant's contention that personal jurisdiction did not exist in this district. "Hard nosed" tactics are not a proper way to contest substantive issues. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) [Transferred from New York Southern on 11/1/2018.]
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Filing 34
ORDER denying #14 Motion to Dismiss for Lack of Jurisdiction, In view of my order transferring the case under 28 U.S.C. 1406(a), issued this day, defendant's motion to dismiss for lack of personal jurisdiction is moot, and therefore denied. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) [Transferred from New York Southern on 11/1/2018.]
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Filing 33
ORDER granting #24 Motion to Transfer Case. Plaintiff, although if filed this case here, and rather than waste time and money contesting a motion to dismiss for lack of personal jurisdiction, asks the court to transfer the case to Western North Carolina. 28 U.S.C.1406(a) clearly authorizes such transfer, for both sides agree that the case could have been brought there. Accordingly, the motion is granted, and the Clerk shall transfer the file to the Clerk of the United States District Court for the Western District of North Carolina. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) [Transferred from New York Southern on 11/1/2018.]
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Filing 32
REPLY MEMORANDUM OF LAW in Opposition re: #24 FIRST MOTION to Transfer Case to the United States District Court for the Western District of North Carolina., #29 MOTION for Attorney Fees . . Document filed by MC1 Healthcare LLC. (Ebert, David) [Transferred from New York Southern on 11/1/2018.]
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Filing 31
DECLARATION of David Ebert in Opposition re: #29 MOTION for Attorney Fees .. Document filed by MC1 Healthcare LLC. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E)(Ebert, David) [Transferred from New York Southern on 11/1/2018.]
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Filing 30
MEMORANDUM OF LAW in Support re: #29 MOTION for Attorney Fees . . Document filed by Michael E. Elkins, Mountainside Solutions, Inc.. (Attachments: #1 Affidavit)(Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 29
MOTION for Attorney Fees . Document filed by Michael E. Elkins, Mountainside Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 28
ORDER denying #27 Letter Motion to Adjourn Conference. The conference scheduled for October 26, 2018 at 10:00 a.m. should be useful in helping the court understand the issues, particularly why plaintiff would not be able to obtain full relief simply by dismissing the case in this court and bringing it again in the Western District of North Carolina. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) [Transferred from New York Southern on 11/1/2018.]
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Filing 27
FIRST LETTER MOTION to Adjourn Conference addressed to Judge Alvin K. Hellerstein from Mioko C. Tajika dated October 1, 2018. Document filed by MC1 Healthcare LLC.(Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 26
FIRST MEMORANDUM OF LAW in Support re: #24 FIRST MOTION to Transfer Case to the United States District Court for the Western District of North Carolina. . Document filed by MC1 Healthcare LLC. (Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 25
DECLARATION of Mioko C. Tajika in Support re: #24 FIRST MOTION to Transfer Case to the United States District Court for the Western District of North Carolina.. Document filed by MC1 Healthcare LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 24
FIRST MOTION to Transfer Case to the United States District Court for the Western District of North Carolina. Document filed by MC1 Healthcare LLC.(Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 23
NOTICE OF COURT CONFERENCE: The Honorable Alvin K. Hellerstein, U.S.D.J. has ordered that counsel for all parties and any pro se parties attend a conference, at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Rule 16 of the Federal Rules of Civil Procedure. Counsel or pro se plaintiff receiving this notice is directed to furnish all attorneys and any pro se parties in this action, as and when they appear, with copies of this order and enclosures, and to retain due proof thereof. If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of this notice and enclosures to that party personally, informing the party that any unrepresented party is required to appear at the conference in person. Counsel attending the conference should be the attorneys who will try the action, or who have full authority to resolve all issues to be decided, to enter into stipulations and who are authorized to discuss settlement. DATE, PLACE AND TIME OF CONFERENCE: October 26, 2018 at the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 14D at 10:00 a.m. It is Ordered that counsel to whom this Order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file. Do not fax such verification to Chambers. Please include telephone numbers and fax numbers on all documents submitted to the Court. (Initial Conference set for 10/26/2018 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/12/18) (yv) [Transferred from New York Southern on 11/1/2018.]
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to File Response/Reply re #14 MOTION to Dismiss for Lack of Jurisdiction. So ordered. Responses due by 10/1/2018. (Signed by Judge Alvin K. Hellerstein on 9/7/2018) (ne) [Transferred from New York Southern on 11/1/2018.]
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Filing 21
LETTER MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction . addressed to Judge Alvin K. Hellerstein from Mioko C. Tajika dated September 7, 2018. Document filed by MC1 Healthcare LLC.(Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 20
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mountainside Solutions, Inc..(Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Christian W. Liedtke to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/28/2018) (kgo) [Transferred from New York Southern on 11/1/2018.]
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Filing 18
PROPOSED ORDER. Document filed by Michael E. Elkins, Mountainside Solutions, Inc.. Related Document Number: #14 . (Liedtke, Christian) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 11/1/2018.]
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (dt) [Transferred from New York Southern on 11/1/2018.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Christian W Liedtke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15500178. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 11/1/2018.]
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Filing 17
AFFIDAVIT of Ashley Meehan in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Michael E. Elkins, Mountainside Solutions, Inc.. (Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 16
AFFIDAVIT of Michael E. Elkins in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Michael E. Elkins, Mountainside Solutions, Inc.. (Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Michael E. Elkins, Mountainside Solutions, Inc.. (Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 14
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Michael E. Elkins, Mountainside Solutions, Inc..(Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 13
MOTION for Christian W Liedtke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15500178. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael E. Elkins, Mountainside Solutions, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit)(Liedtke, Christian) [Transferred from New York Southern on 11/1/2018.]
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by Mail. Document filed by MC1 Healthcare LLC. (Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint. Michael E. Elkins served on 8/6/2018, answer due 8/27/2018. Service was accepted by Ashely Meehan. Document filed by MC1 Healthcare LLC. (Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint. Mountainside Solutions, Inc. served on 8/6/2018, answer due 8/27/2018. Service was accepted by Ashlely Meehan. Document filed by MC1 Healthcare LLC. (Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 9
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (jgo) [Transferred from New York Southern on 11/1/2018.]
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Michael E. Elkins, Mountainside Solutions, Inc.. (jgo) [Transferred from New York Southern on 11/1/2018.]
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Filing 7
NOTICE OF APPEARANCE by Mioko Catherine Tajika on behalf of MC1 Healthcare LLC. (Tajika, Mioko) [Transferred from New York Southern on 11/1/2018.]
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Filing 6
COMPLAINT against Michael E. Elkins, Mountainside Solutions, Inc.. Document filed by MC1 Healthcare LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ebert, David) [Transferred from New York Southern on 11/1/2018.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Glenn Ebert to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): due to party modification, the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 11/1/2018.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Glenn Ebert. The party information for the following party/parties has been modified: MC1 Healthcare LLC; Mountainside Solutions, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party name was entered incorrectly; alias was entered incorrectly. (jgo) [Transferred from New York Southern on 11/1/2018.]
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Glenn Ebert. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) [Transferred from New York Southern on 11/1/2018.]
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Case Designated ECF. (jgo) [Transferred from New York Southern on 11/1/2018.]
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Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) [Transferred from New York Southern on 11/1/2018.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) [Transferred from New York Southern on 11/1/2018.]
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Filing 5
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Ebert, David) [Transferred from New York Southern on 11/1/2018.]
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Filing 4
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Artemis Partners for MC1 Healthcare, LLC d/b/a Mountainside. Document filed by MC1 Healthcare, LLC d/b/a Mountainside.(Ebert, David) [Transferred from New York Southern on 11/1/2018.]
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Mountainside Solutions, Inc., n/k/a Mountainview Recovery, Inc., Michael E. Elkins, re: #1 Complaint. Document filed by MC1 Healthcare, LLC d/b/a Mountainside. (Ebert, David) [Transferred from New York Southern on 11/1/2018.]
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Filing 2
CIVIL COVER SHEET filed. (Ebert, David) [Transferred from New York Southern on 11/1/2018.]
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Michael E. Elkins, Mountainview Recovery, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15395341)Document filed by MC1 Healthcare, LLC d/b/a Mountainside. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ebert, David) Modified on 8/2/2018 (jgo). [Transferred from New York Southern on 11/1/2018.]
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