City of Brevard, North Carolina v. HCA Healthcare, Inc. et al
| City of Brevard, North Carolina and Madison County |
| ANC Healthcare, Inc., HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Master Holdings, LLLP, MH Hospital Manager, LLC, MH Mission Hospital, LLLP, Mission Health System, Inc. and Mission Hospital, Inc. |
| Buncombe County, North Carolina and City of Asheville, North Carolina |
| State of NC |
| 1:2022cv00114 |
| June 3, 2022 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 58
Consent MOTION for Leave to File Response to Amicus Brief by ANC Healthcare, Inc., HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP, Mission Hospital, Inc.. Responses due by 12/6/2022 (Attachments: #1 Response to Amicus Brief of State of NC) (Hawisher, David)
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Filing 57
ORDER granting #50 , #51 , #52 Motions for Leave to Appear Pro Hac Vice added Brendan P. Glackin, Daniel E. Seltz, and Dean M. Harvey for Buncombe County, North Carolina and City of Asheville, North Carolina. (Pro Hac Vice Attorneys served via NEF) Signed by Chief Judge Martin Reidinger on 11/11/2022. (khm)
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Notice to Brendan P. Glackin: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/21/2022. (khm)
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Notice to Daniel E. Seltz: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/21/2022. (khm)
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Notice to Dean M. Harvey: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/21/2022. (khm)
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Filing 56
Consent MOTION for Leave to File Amicus Brief in Support of Plaintiffs by State of NC. Responses due by 11/22/2022 (Attachments: #1 Memorandum Amicus Brief in support of Plaintiffs) (Lucas, Tiffany)
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Filing 55
NOTICE of Appearance by Tiffany Y. Lucas on behalf of State of NC (Lucas, Tiffany)
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Filing 54
REPLY to Response to Motion re #45 MOTION to Dismiss for Failure to State a Claim by HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP. (Ellis, Abram)
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Filing 53
REPLY to Response to Motion re #46 MOTION to Dismiss by ANC Healthcare, Inc., Mission Hospital, Inc.. (Lumsden, Dana)
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Filing 52
MOTION for Leave to Appear Pro Hac Vice as to Filing fee $ 288, receipt number ANCWDC-5816338. by Buncombe County, North Carolina, City of Asheville, North Carolina, City of Brevard, North Carolina. (Hunter, Robert)
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Filing 51
MOTION for Leave to Appear Pro Hac Vice as to Daniel E. Seltz Filing fee $ 288, receipt number ANCWDC-5816333. by Buncombe County, North Carolina, City of Asheville, North Carolina, City of Brevard, North Carolina. (Hunter, Robert)
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Filing 50
MOTION for Leave to Appear Pro Hac Vice as to Brendan P. Glackin Filing fee $ 288, receipt number ANCWDC-5816305. by Buncombe County, North Carolina, City of Asheville, North Carolina, City of Brevard, North Carolina. (Hunter, Robert)
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Filing 49
RESPONSE in Opposition re #46 MOTION to Dismiss by Buncombe County, North Carolina, City of Asheville, North Carolina, City of Brevard, North Carolina, Madison County. Replies due by 10/21/2022 (Hunter, Robert)
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Filing 48
RESPONSE in Opposition re #45 MOTION to Dismiss for Failure to State a Claim by Buncombe County, North Carolina, City of Asheville, North Carolina, City of Brevard, North Carolina, Madison County. Replies due by 10/21/2022 (Hunter, Robert)
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Magistrate Judge W. Carleton Metcalf no longer assigned to case due to a conflict. (thh)
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Reset Response Deadlines automatically set by the ECF System to the Response Deadlines previously set in the #42 Order and Initial Case Management Plan, as to #45 MOTION to Dismiss for Failure to State a Claim, and #46 MOTION to Dismiss. Responses due by 10/14/2022. (ejb)
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Filing 47
MEMORANDUM in Support re #46 MOTION to Dismiss by ANC Healthcare, Inc., Mission Hospital, Inc.. (Lumsden, Dana)
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Filing 46
MOTION to Dismiss by ANC Healthcare, Inc., Mission Hospital, Inc.. Responses due by *10/14/2022 (Lumsden, Dana). Motions referred to W. Carleton Metcalf. Modified *text on 9/12/2022 to correct date Responses are due. NEF Regenerated (ejb).
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Filing 45
MOTION to Dismiss for Failure to State a Claim by HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP. Responses due by *10/14/2022 (Attachments: #1 HCA Defendants' Memorandum in Support of Motion to Dismiss) (Ellis, Abram). Motions referred to W. Carleton Metcalf. Modified *text on 9/12/2022 to correct date Responses are due. NEF Regenerated (ejb).
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Filing 44
NOTICE of Appearance by Ann-Patton Hornthal on behalf of HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP (Hornthal, Ann-Patton)
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Filing 43
*CONSOLIDATED CLASS ACTION COMPLAINT against All *Defendants with Jury Demand ( *Additional Filing fee paid in error, receipt number ANCWDC-5706759, $ 402 to be refunded to Attorney Hunter), filed by City of Asheville, North Carolina, Buncombe County, North Carolina, City of Brevard, North Carolina, *Madison County, North Carolina. (Hunter, Robert) Modified *text on 8/23/2022. NEF Regenerated (ejb).
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Filing 42
ORDER AND INITIAL CASE MANAGEMENT PLAN: Pltfs and Defts' Joint MOTION to Consolidate this Case with 1:22cv00147 and for Entry of Initial Case Management Order [Doc. #41 , filed in 1:22-cv-00114-MR-WCM] is GRANTED, and Case Nos. 1:22-cv-00114-MR-WCM and 1:22-cv-00147-MR-WCM are hereby CONSOLIDATED for all purposes up to and including trial before the undersigned. Case No. 1:22-cv-00114-MR-WCM is designated as the lead case, and Case No. 1:22-cv-00147 shall be administratively closed. Pursuant to Civil LR 42.1, all future pleadings will be docketed and filed in the designated lead case only. FURTHER ORDERED that any counsel who has been admitted pro hac vice in 1:22-cv-00114-MR-WCM and 1:22-cv-00147-MR-WCM shall be admitted pro hac vice in the designated lead case, 1:22-cv-00114-MR-WCM, and any counsel not so admitted may file an application to be admitted pro hac vice in the designated lead case. FURTHER ORDERED that parties shall follow the following initial case management plan to govern the filing of Pltfs' Consolidated Class Action Complaint and Defts' anticipated response: (1) All papers filed in this action shall be filed under the designated lead case 1:22-cv-00114-MR-WCM, and must bear the following case name: In re Mission Health Antitrust Litigation; (2) Pltfs shall file a Consolidated Class Action Complaint by 8/19/2022; (3) Pltfs' filing of the Consolidated Complaint shall not prejudice their ability to amend as of course under F.R.Cv.P. 15(a)(1); (4) Defts shall respond to the Consolidated Complaint, including by filing any motion(s) pursuant to F.R.Cv.P. 12, by 9/9/2022; (5) Pltfs' opposition(s) to any such motion(s) filed pursuant to Rule 12 shall be filed by 10/14/2022; (6) Any reply in support of Defts' motion(s) shall be filed by 11/4/2022; (7) Defts' brief(s) in support of motion(s) filed pursuant to Rule 12 and Pltfs' brief(s) in opposition to Defts' motion(s) shall each not exceed 25 pages. Defts' reply brief(s) shall each not exceed 10 pages. Briefs must be double spaced and in at least 14 point type. Signed by Chief Judge Martin Reidinger on 8/6/2022. (ejb)
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Filing 41
Joint MOTION to Consolidate This Case with 1:22cv00147 by City of Brevard, North Carolina. Responses due by 8/18/2022 (Attachments: #1 Exhibit Proposed Case Management Order) (Hunter, Robert). Motions referred to W. Carleton Metcalf.
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Filing 40
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice, added Laurel Fresquez for HCA Healthcare, Inc.; HCA Management Services, LP; HCA, Inc.; MH Hospital Manager, LLC; MH Master Holdings, LLLP; and MH Mission Hospital, LLLP (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/29/2022. (ejb)
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Filing 39
ORDER granting #34 Motion for Leave to Appear Pro Hac Vice, added John Robinson for HCA Healthcare, Inc.; HCA Management Services, LP; HCA, Inc.; MH Hospital Manager, LLC; MH Master Holdings, LLLP; and MH Mission Hospital, LLLP (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/29/2022. (ejb)
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Filing 38
ORDER granting #33 Motion for Leave to Appear Pro Hac Vice, added Sara Y. Razi for HCA Healthcare, Inc.; HCA Management Services, LP; HCA, Inc.; MH Hospital Manager, LLC; MH Master Holdings, LLLP; and MH Mission Hospital, LLLP (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/29/2022. (ejb)
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Filing 37
ORDER granting #32 Motion for Leave to Appear Pro Hac Vice, added Abram J. Ellis for HCA Healthcare, Inc.; HCA Management Services, LP; HCA, Inc.; MH Hospital Manager, LLC; MH Master Holdings, LLLP; and MH Mission Hospital, LLLP (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/29/2022. (ejb)
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Notice to Attorney Laurel Fresquez: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF). Deadline by 7/6/2022. (ejb)
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Notice to Attorney Abram J. Ellis: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF). Deadline by 7/6/2022. (ejb)
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Notice to Attorney Sara Y. Razi: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF). Deadline by 7/6/2022. (ejb)
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Notice to Attorney John Robinson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF). Deadline by 7/6/2022. (ejb)
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Filing 36
NOTICE of Appearance by Phillip T. Jackson on behalf of HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP (Jackson, Phillip)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice as to Laurel Fresquez Filing fee $ 288, receipt number ANCWDC-5635450. by HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP. (Hawisher, David). Motions referred to W. Carleton Metcalf.
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Filing 34
MOTION for Leave to Appear Pro Hac Vice as to John Robinson Filing fee $ 288, receipt number ANCWDC-5635442. by HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP. (Hawisher, David). Motions referred to W. Carleton Metcalf.
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Filing 33
MOTION for Leave to Appear Pro Hac Vice as to Sara Y. Razi Filing fee $ 288, receipt number ANCWDC-5635437. by HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP. (Hawisher, David). Motions referred to W. Carleton Metcalf.
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Filing 32
MOTION for Leave to Appear Pro Hac Vice as to Abram J. Ellis Filing fee $ 288, receipt number ANCWDC-5635432. by HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP. (Hawisher, David). Motions referred to W. Carleton Metcalf.
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Filing 31
Corporate Disclosure Statement by MH Hospital Manager, LLC (Hawisher, David)
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Filing 30
Corporate Disclosure Statement by MH Master Holdings, LLLP (Hawisher, David)
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Filing 29
Corporate Disclosure Statement by MH Mission Hospital, LLLP (Hawisher, David)
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Filing 28
Corporate Disclosure Statement by HCA Management Services, LP (Hawisher, David)
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Filing 27
Corporate Disclosure Statement by HCA, Inc. (Hawisher, David)
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Filing 26
Corporate Disclosure Statement by HCA Healthcare, Inc. (Hawisher, David)
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Filing 25
NOTICE of Appearance by David Chase Hawisher on behalf of HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP (Hawisher, David)
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Filing 24
ORDER granting #19 Motion for Leave to Appear Pro Hac Vice, added Paul H. Saint-Antoine for ANC Healthcare, Inc., and Mission Hospital, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/22/2022. (ejb)
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Filing 23
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice, added Alison M. Agnew for ANC Healthcare, Inc., and Mission Hospital, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/22/2022. (ejb)
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Filing 22
ORDER granting #18 Motion for Leave to Appear Pro Hac Vice, added Kenneth M. Vorrasi for ANC Healthcare, Inc., and Mission Hospital, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/22/2022. (ejb)
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Notice to Attorney Kenneth M. Vorrasi: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF.) Deadline by 6/29/2022. (ejb)
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Notice to Attorney Alison M. Agnew: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF.) Deadline by 6/29/2022. (ejb)
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Notice to Attorney Paul H. Saint-Antoine: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF.) Deadline by 6/29/2022. (ejb)
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Filing 21
NOTICE of Appearance by Anna Bryce Hobson on behalf of ANC Healthcare, Inc., Mission Hospital, Inc. (Hobson, Anna Bryce)
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Filing 20
MOTION for Leave to Appear Pro Hac Vice as to Alison M. Agnew Filing fee $ 288, receipt number ANCWDC-5622099. by ANC Healthcare, Inc., Mission Hospital, Inc.. (Lumsden, Dana). Motions referred to W. Carleton Metcalf.
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Filing 19
MOTION for Leave to Appear Pro Hac Vice as to Paul H. Saint-Antoine Filing fee $ 288, receipt number ANCWDC-5622095. by ANC Healthcare, Inc., Mission Hospital, Inc.. (Lumsden, Dana). Motions referred to W. Carleton Metcalf.
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Filing 18
MOTION for Leave to Appear Pro Hac Vice as to Kenneth M. Vorrasi Filing fee $ 288, receipt number ANCWDC-5622080. by ANC Healthcare, Inc., Mission Hospital, Inc.. (Lumsden, Dana). Motions referred to W. Carleton Metcalf.
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Filing 17
Corporate Disclosure Statement by Mission Hospital, Inc. (Lumsden, Dana)
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Filing 16
Corporate Disclosure Statement by ANC Healthcare, Inc. (Lumsden, Dana)
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Filing 15
NOTICE of Appearance by Jonathan Todt on behalf of ANC Healthcare, Inc., Mission Hospital, Inc. (Todt, Jonathan)
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Filing 14
NOTICE of Appearance by Dana C. Lumsden on behalf of ANC Healthcare, Inc., Mission Hospital, Inc. (Lumsden, Dana)
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Filing 13
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. Daniel J. Walker is granted pro hac vice admission to the bar of this Court. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/17/2022. (hms)
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Filing 12
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Jacob M. Polakoff is granted pro hac vice admission to the bar of this Court. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/17/2022. (hms)
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Filing 11
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Robert E. Litan is granted pro hac vice admission to the bar of this Court. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/17/2022. (hms)
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Filing 10
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. Eric L. Cramer is granted pro hac vice admission to the bar of this Court. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 6/17/2022. (hms) (Main Document 10 replaced to include correct Order on 6/17/2022) (hms) NEF regenerated.
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Notice to Jacob M. Polakoff: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 6/24/2022. (hms)
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Notice to Eric L. Cramer: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 6/24/2022. (hms)
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Notice to Daniel J. Walker: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 6/24/2022. (hms)
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Notice to Robert E. Litan: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 6/24/2022. (hms)
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Filing 9
WAIVER OF SERVICE Returned Executed by City of Brevard, North Carolina. All Defendants, *waivers sent on 6/9/2022, answer(s) due 8/8/2022. (Bloss, John) (Main Document 9 replaced with correct .pdf and modified *text on 6/16/2022). NEF Regenerated (ejb).
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Filing 8
MOTION for Leave to Appear Pro Hac Vice as to Daniel Walker Filing fee $ 288, receipt number ANCWDC-5615668. by City of Brevard, North Carolina. (Attachments: #1 Exhibit 1) (Hunter, Robert). Motions referred to W. Carleton Metcalf.
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Filing 7
MOTION for Leave to Appear Pro Hac Vice as to Jacob Polakoff Filing fee $ 288, receipt number ANCWDC-5615664. by City of Brevard, North Carolina. (Attachments: #1 Exhibit 1) (Hunter, Robert). Motions referred to W. Carleton Metcalf.
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Filing 6
MOTION for Leave to Appear Pro Hac Vice as to Robert Litan Filing fee $ 288, receipt number ANCWDC-5615660. by City of Brevard, North Carolina. (Hunter, Robert). Motions referred to W. Carleton Metcalf.
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Filing 5
MOTION for Leave to Appear Pro Hac Vice as to Eric L. Cramer Filing fee $ 288, receipt number ANCWDC-5615614. by City of Brevard, North Carolina. (Attachments: #1 Exhibit 1) (Hunter, Robert). Motions referred to W. Carleton Metcalf.
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Filing 4
NOTICE of Appearance by Frederick L. Berry on behalf of All Plaintiffs (Berry, Frederick)
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Filing 3
NOTICE of Appearance by Robert N. Hunter, Jr on behalf of All Plaintiffs (Hunter, Robert)
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Filing 2
Summons Issued Electronically as to ANC Healthcare, Inc., HCA Healthcare, Inc., HCA Management Services, LP, HCA, Inc., MH Hospital Manager, LLC, MH Master Holdings, LLLP, MH Mission Hospital, LLLP, Mission Hospital, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
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Filing 1
COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5598393), filed by City of Brevard, North Carolina.(Bloss, John)
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Case assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb)
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