Byler et al v. Air Methods Corporation et al
Byler, Billy Byler and Donald Reid |
Air Methods Corporation and Rocky Mountain Holdings, LLC |
1:2017cv00236 |
February 6, 2017 |
US District Court for the Northern District of Ohio |
Cleveland Office |
Ashtabula |
Solomon Oliver |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.
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Filing 52 Notice of Dismissal Under FRCP 41(a)(1) with Prejudice filed by All Plaintiffs. (Dubyak, Robert) |
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Filing 51 Settlement Notice and Request for Leave filed by All Plaintiffs. (Dubyak, Robert) |
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Filing 50 Third Motion for extension of to Finalize and Execute Settlement Agreement until September 23, 2021 filed by Billy Byler, Donald Reid. (Dubyak, Robert) |
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Filing 49 Second Motion for extension of time to Execute the Settlement Agreement until September 16, 2021 filed by Billy Byler, Donald Reid. Related document(s) #48 . (Dubyak, Robert) |
Filing 48 Joint Motion for extension of time to Finalize and Execute a Settlement Agreement until September 9, 2021 filed by Billy Byler, Donald Reid. (Dubyak, Robert) |
Minute Order [non-document] of second Mediation held on 8/11/2021 before Magistrate Judge Thomas M. Parker. All parties appeared via video/telephone conference. Plaintiffs Billy Byler and Donald Reid participated with counsel Christina C. Spallina, Robert J. Dubyak and James M. Kelley, III. Defendant representative Christopher Brady participated with counsel Jessica J. Smith and Matthew J. Smith. After extensive negotiations, the parties reached a resolution of all matters in dispute. Defense counsel shall send an email to plaintiffs' counsel reciting the basic terms of their agreement and plaintiffs' counsel shall send a confirming email by the close of business on August 12, 2021. The parties shall execute an acceptable settlement agreement within 21 days of this order and shall file a proposed stipulated dismissal entry within 30 days. The court shall retain jurisdiction to enforce the terms of this settlement. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 8/11/2021. Referral Terminated. (Court Reporter: N/A. Time: 7 hours). (D,JJ) |
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Filing 47 Second Motion for extension of time until August 26, 2021 to file response/reply to #45 Motion to strike Class Allegations filed by Plaintiff Billy Byler. Related document(s) #45 . (Dubyak, Robert) |
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IMPORTANT Notice [non-document]: Second/resumed Mediation conference set for 8/11/2021 at 10:00 AM to be held by video conference (Cleveland) before Magistrate Judge Thomas M. Parker. Counsel and party representatives are required to participate. The parties shall submit supplemental mediation statements/updates (not more than two pages) on or before 8/6/2021 to Parker_Chambers@ohnd.uscourts.gov. (D,JJ) |
Minute Order [non-document] of Mediation held on 6/30/2021. All parties appeared via video/telephone conference. Plaintiffs Billy Byler and Donald Reid participated with counsel Christina C. Spallina and Robert J. Dubyak. Defendant representative Christopher Brady participated with counsel Jessica J. Smith and Matthew J. Smith. After initial discussions, the parties identified a potential framework for the resolution of this case. However, in order to proceed, additional information must be exchanged. The court adjourned the mediation with instructions that the parties must: (i) contact Courtroom Deputy Jaclyn Darrah to schedule a second mediation date in early August and (ii) submit a joint status report regarding their settlement discussions by 4:00 p.m. on July 23, 2021. Further, plaintiffs shall advise Judge Oliver that they wish to amend their motion to extend the deadline for responding to defendants' motion to strike the class action allegations to August 27, 2021 in order to afford the parties an opportunity to resolve the case while avoiding the expense of preparing a response to said motion. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 6/30/2021. (Court Reporter: N/A. Time: 3 hours, 10 minutes). (D,JJ) |
Filing 46 Motion for extension of time until July 12, 2021 to file response/reply to #45 Motion to strike Class Allegations filed by Billy Byler, Donald Reid. Related document(s) #45 . (Dubyak, Robert) |
Minute Order [non-document] of Ex-parte Telephone Conferences held on 6/28/2021 in preparation for Mediation set for 6/30/2021. Attorney Robert J. Dubyak participated on behalf of plaintiffs; Attorneys Jennifer S. Roach, Jessica J. Smith, and Matthew J. Smith participated on behalf of defendants. Counsel for plaintiffs was ordered to make a settlement demand to the defendants forthwith, and not later than the close of business on June 28, 2021. Failing to do so will result in the mediation being cancelled. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 6/28/2021. (Court reporter: N/A). (D,JJ) |
Filing 45 Motion to strike Class Allegations filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. Related document(s) #21 . (Attachments: #1 Brief in Support)(Smith, Jessica) |
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Filing 44 Motion for extension of time until 06/14/2021 to Amend the Pleadings and/or Add Parties filed by Billy Byler, Donald Reid. Related document(s) #40 . (Dubyak, Robert) |
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Filing 43 Motion by David A. King to withdraw as attorney filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (King, David) |
IMPORTANT Notice [non-document]: Ex-parte Telephone Conference with counsel for plaintiffs set for 6/28/2021 at 01:00 PM to be held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with counsel for defendants set for 6/28/2021 at 02:00 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to the parties separately. Related document(s) #41 . (D,JJ) |
Filing 42 Status Conference Order and Minutes of telephonic conference before Judge Solomon Oliver, Jr. Status Conference held on 3/5/2021. The parties had already successfully conferred to establish a schedule for this case which the court previously adopted. They also indicated that they are prepared to move forward with the mediation with Magistrate Judge Parker that is scheduled for June 30, 2021. (Court Reporter: none.)Time: 10 minutes. (R,Sh) |
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Filing 39 Joint Notice with Proposed Scheduling Order filed by All Plaintiffs. (Attachments: #1 Proposed Order A Proposed Scheduling Order)Related document(s) #38 .(Dubyak, Robert) |
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Filing 37 Answer to #21 Amended complaint and Jury Demand Class Action filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Roach, Jennifer) |
IMPORTANT: Notice [non-document] of Telephone Conference set for 2/4/2021 at 03:00 PM before Judge Solomon Oliver Jr. Dial-in information will be sent by separate e-mail. Related document(s) #32 . (R,Sh) |
Filing 36 Notice of Withdrawal of Counsel filed by All Plaintiffs. (Karon, Daniel) |
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Filing 35 Motion for attorney Jessica J. Smith to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10547852, filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Attachments: #1 Certificate of Good Standing)(Roach, Jennifer) |
Filing 34 Motion for attorney Matthew J. Smith to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10547774, filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Attachments: #1 Certificate of Good Standing)(Roach, Jennifer) |
Filing 33 Notice of Substitution of Counsel removing attorney Laura L.W. Schultz and adding attorney Jennifer S. Roach filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Schultz, Laura) |
Filing 32 True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Courts dismissal of plaintiffs declaratory-judgment claim. The judgment of the District Court is affirmed with respect to plaintiffs' claim of breach of implied-in-fact contract and the case is Remanded re #30 Notice of Appeal (USCA# 19-4103). Date issued as mandate 9/2/20; Costs: None (H,SP) |
Acknowledgment from the USCA for Sixth Circuit of receipt of #30 Notice of Appeal (USCA# 19-4103). Date filed in USCA 11/12/19. (H,SP) |
Filing 30 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #29 Order of 10/9/19, filed by Billy Byler, Donald Reid. (Filing fee $505, receipt number 0647-9617741) (Dubyak, Robert) |
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Filing 28 Motion by Brian A. Troyer to withdraw as attorney filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) |
Filing 27 Address Change Notice of David A. King by Brian A. Troyer filed by on behalf of Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) |
Notice of failure to register for CM/ECF. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Non-compliant attorney: David A. King. (O,K) |
Filing 26 Response to #25 Motion for leave to File Instanter Supplement in Support of Air Methods Corporation and Rocky Mountain Holdings, LLCs Motions to Dismiss filed by Billy Byler, Donald Reid. (Dubyak, Robert) |
Filing 25 Motion for leave to File Instanter Supplement in Support of Air Methods Corporation and Rocky Mountain Holdings, LLCs Motions to Dismiss filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Attachments: #1 Notice of Supplemental Authority in Support of Defendants Air Methods Corporation and Rocky Mountain Holdings, LLCs Motions to Dismiss)(Troyer, Brian) Related document #22 . |
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Filing 24 Reply in support of #22 Motion to dismiss for failure to state a claim Plaintiffs' First Amended Complaint filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) |
Filing 23 Opposition to #22 Motion to dismiss for failure to state a claim Plaintiffs' First Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit A Opinion in Wray v. PHI Air Medical LLC, #2 Exhibit B Intervention Memorandum of the United States in Scarlett)(Dubyak, Robert) |
Filing 22 Motion to dismiss for failure to state a claim Plaintiffs' First Amended Complaint filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. Related document(s) #21 . (Attachments: #1 Memorandum in Support to Dismiss Amended Complaint)(Troyer, Brian) |
Filing 21 Amended complaint against All Defendants. Filed by Billy Byler, Donald Reid. (Attachments: #1 Exhibit 1 - Invoice , #2 Exhibit 2 - Summary of Account) (Dubyak, Robert) Modified to add exhibit descriptions on 7/26/2018 (M,S). |
Copy of NEF of Order on Motion to appear pro hac vice mailed to Attorneys Michael Cottone, David A. King at Bass, Berry & Sims, Ste 2800, 150 Third Avenue South, Nashville, TN 37201 on 7/19/2018. (R,Sh) |
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Filing 20 Motion for attorney David A. King to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8809567, filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Attachments: #1 Affidavit of David King)(Troyer, Brian) |
Filing 19 Motion for attorney Michael A. Cottone to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8809559, filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Attachments: #1 Affidavit of Michael Cottone)(Troyer, Brian) |
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Filing 18 Joint Motion to lift stay and Set Briefing Schedule filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) |
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Filing 17 Joint Status Report and Request for Extension of Stay filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) Modified event type on 4/30/2018 (M, S). |
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Filing 16 Joint Status Report and Request for Extension of Stay filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) |
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Filing 15 Joint Status Report and Request for Extension of Stay filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) |
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Filing 13 Motion for leave to Respond to #9 Motion to Dismiss for Failure to State a Claim until fourteen (14) days after the Courts ruling on #7 Motion to change/transfer venue or Stay filed by Billy Byler, Donald Reid. (Dubyak, Robert) Modified text/link on 5/1/2017 (P,WL). |
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Filing 12 Motion for extension of time until 04/28/2017 to file response/reply to #9 Motion to dismiss for failure to state a claim filed by Billy Byler, Donald Reid. Related document(s) #9 . (Dubyak, Robert) |
Filing 11 Reply in support of #7 Motion to change/transfer venue or Stay filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) Modified text on 4/17/2017 (P,WL). |
Filing 10 Opposition to #7 Motion to change/transfer venue or Stay filed by All Plaintiffs. (Attachments: #1 Exhibit A, United States Judicial Panel on Multidistrict Litigation, Case ALN/2:16-cv-01659, Document #18)(Dubyak, Robert) Modified text on 4/10/2017 (P,WL). |
Filing 9 Motion to dismiss for failure to state a claim filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit A - Bartley Petition, #3 Exhibit B - Motion to Dismiss Bartley)(Troyer, Brian) |
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Filing 8 Motion for extension of time until 04/07/2017 to file response/reply to #7 Motion to change/transfer venue or Stay filed by Billy Byler, Donald Reid. (Dubyak, Robert) Modified text on 3/20/2017 (P,WL). |
Filing 7 Motion to change/transfer venue or Stay filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Colorado Complaint, #3 Exhibit B - Defendants' Motion to Dismiss, #4 Exhibit C - Alabama Transfer Order, #5 Exhibit D - Oklahoma Transfer Order, #6 Exhibit E - South Carolina Transfer Order, #7 Exhibit F - Notice of Related Cases)(Troyer, Brian). Added Motion to stay/modified text on 3/13/2017 (M, S). |
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Filing 6 Unopposed Motion for extension of time until 3/31/2017 to answer , Move, Plead, or Otherwise Respond to the Complaint of Billy Blyer and Donald Reid filed by Air Methods Corporation, Rocky Mountain Holdings, LLC. (Attachments: #1 Proposed Order)(Troyer, Brian) |
Filing 5 Attorney Appearance by Brian A. Troyer and Laura L. Watson filed by on behalf of Air Methods Corporation, Rocky Mountain Holdings, LLC. (Troyer, Brian) |
Remark by Finance. Funds in the amount of $400.00 refunded on 02/13/2017. (G,P) |
Filing 4 Return of Service by Clerk by certified mail executed upon Air Methods Corporation, Rocky Mountain Holdings, LLC, c/o CT Corporation system no date of service indicated on green card, filed on behalf of All Plaintiffs. Related document(s) #2 . (C,KA) |
Filing 3 Return of Service by Clerk by certified mail executed upon Air Methods Corporation and Rocky Mountain Holdings, LLC on 2/10/2017, filed on behalf of All Plaintiffs. Related document #2 . (C,KA) Modified to add link on 2/15/2017 (M, S). |
Service by Clerk. Summons and Complaint addressed to all defendants placed in U.S. Mail. Type of service: certified mail. Air Methods Receipt # 7014 1200 0000 4650 2992 and 3029. Rocky Mountain Holdings receipt # 7014 1200 0000 4650 3005 and 3012. (C,KA) |
Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Air Methods Corporation (2 addresses), Rocky Mountain Holdings, LLC (2 addresses). (Attachments: #1 Magistrate Consent Form) (S,SR) |
Filing 1 Complaint with jury demand against Air Methods Corporation, Rocky Mountain Holdings, LLC. Filing fee paid $ 400, Receipt number 0647-8012340. Filed by Billy Byler, Donald Reid. (Attachments: #1 Exhibit 1, Byler Bill, #2 Exhibit 2, Reid Summary of Account, #3 Civil Cover Sheet, #4 Attorney Signature Block, #5 Summons Air Methods Corporation, #6 Summons Air Methods Corporation, #7 Summons Rocky Mountain Holdings, LLC, #8 Summons Rocky Mountain Holdings, LLC) (Kelley, James) Modified text on 2/6/2017 (S,SR). |
Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Credit card was charged twice for filing of one Complaint. Receipt #: Pay.gov Tracking ID: 260H2NTS / Agency Tracking ID: 0647-8012340, filed by Billy Byler, Donald Reid. (Kelley, James) Duplicate receipt # 0647-8012273. Modified to add duplicate on 2/6/2017 (S,SR). |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR) |
Judge Solomon Oliver, Jr assigned to case. (S,SR) |
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