Steven V. Kozmary, M.D., LLC v. Medical Mutual of Ohio
Plaintiff: Steven V. Kozmary, M.D., LLC
Defendant: Medical Mutual of Ohio
Case Number: 1:2019cv02799
Filed: November 27, 2019
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
Presiding Judge: Solomon Oliver
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2020 Filing 27 Motion to dismiss for failure to state a claim filed by Defendant Medical Mutual of Ohio. (Attachments: #1 Brief in Support, #2 Exhibit A - Provider Agreement, #3 Exhibit B - Letter dated 9-14-2018)(Farkas, Gregory)
January 10, 2020 Filing 26 Motion for leave Until January 20, 2020 to Plead filed by Defendant Medical Mutual of Ohio. (Farkas, Gregory)
January 10, 2020 IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 6, 2020 Opinion or Order Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by Mark H. Hutchings 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #25 ). Judge Solomon Oliver, Jr on 1/3/2020.(R,Sh)
December 26, 2019 Filing 25 Motion for attorney Mark H. Hutchings to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9693783, filed by Plaintiff Steven V. Kozmary, M.D., LLC. (Attachments: #1 Affidavit Affidavit of Mark H. Hutchings, Esq, #2 Exhibit Exhibit 1 to Affidavit)(Buckley, Brent)
December 13, 2019 Filing 24 Attorney Appearance Notice of Appearance of Counsel by Brent M. Buckley filed by on behalf of Steven V. Kozmary, M.D., LLC. (Buckley, Brent)
December 5, 2019 Opinion or Order Order [non-document] granting Attorney Hsu's Motion to withdraw as attorney as counsel of record for Defendant. Attorney Rick R. Hsu removed from case. (Related Doc #23 ). Approved by Judge Solomon Oliver, Jr. on 12/5/2019.(R,Sh)
December 4, 2019 Filing 23 Motion by Rick R. Hsu to withdraw as attorney of Record filed by Defendant Medical Mutual of Ohio. (Attachments: #1 Brief in Support)(Smith, Michael)
December 4, 2019 Opinion or Order Order [non-document] granting Defendant's Motion for leave to plead until January 13, 2020 (Related Doc #22 ). Approved by Judge Solomon Oliver, Jr. on 12/4/2019.(R,Sh)
December 3, 2019 Filing 22 Motion for leave to Plead until 1/13/2020 filed by Defendant Medical Mutual of Ohio. (Farkas, Gregory)
December 3, 2019 Notice to Attorney Mark H. Hutchings. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (M,TL)
December 3, 2019 Notice to Attorney Alexander M. Perry. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (M,TL)
December 3, 2019 Notice to Attorney Rick R. Hsu. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (M,TL)
November 27, 2019 Filing 21 Magistrate Consent Form issued. (W,K)
November 27, 2019 Filing 20 CASE TRANSFERRED IN from District of Nevada. Case number 2:19-cv-01819. Electronic file, transfer order and docket sheet received.
November 27, 2019 Opinion or Order Filing 19 ORDER granting #18 Stipulation to Transfer this Action to Northern District of Ohio; Signed by Magistrate Judge Elayna J. Youchah on 11/27/2019. (Copies have been distributed pursuant to the NEF - JM) [Transferred from nvd on 11/27/2019.]
November 27, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (W,K)
November 27, 2019 Judge Solomon Oliver, Jr assigned to case. (W,K)
November 26, 2019 Filing 18 Joint STIPULATION to Transfer Venue by Plaintiff Steven V. Kozmary, M.D., LLC. (Perry, Alexander) [Transferred from nvd on 11/27/2019.]
November 21, 2019 Opinion or Order Filing 17 ORDER granting #16 Stipulation; Re: #14 Motion to Dismiss. Responses due by 12/5/2019. Signed by Judge James C. Mahan on 11/21/2019. (Copies have been distributed pursuant to the NEF - JM) [Transferred from nvd on 11/27/2019.]
November 21, 2019 Filing 16 Joint STIPULATION FOR EXTENSION OF TIME (First Request) re #14 Motion to Dismiss by Plaintiff Steven V. Kozmary, M.D., LLC. (Perry, Alexander) [Transferred from nvd on 11/27/2019.]
November 15, 2019 Filing 15 Joint STATUS REPORT by Defendant Medical Mutual of Ohio. (Hsu, Rick) [Transferred from nvd on 11/27/2019.]
November 7, 2019 Filing 14 MOTION to Dismiss by Defendant Medical Mutual of Ohio. Responses due by 11/21/2019. (Hsu, Rick) [Transferred from nvd on 11/27/2019.]
November 7, 2019 Opinion or Order Filing 13 ORDER Granting Defendant's #5 Motion to Extend Time Re: Complaint contained in the #1 Petition for Removal. Medical Mutual of Ohio's answer due 11/16/2019. Signed by Magistrate Judge Elayna J. Youchah on 11/7/2019. (Copies have been distributed pursuant to the NEF - SLD) [Transferred from nvd on 11/27/2019.]
October 31, 2019 Filing 12 STATEMENT REGARDING REMOVAL by Defendant Medical Mutual of Ohio. (Hsu, Rick) [Transferred from nvd on 11/27/2019.]
October 29, 2019 Filing 11 NON-OPPOSITION to #5 Motion to Extend/Shorten Time by Plaintiff Steven V. Kozmary, M.D., LLC. (Perry, Alexander) [Transferred from nvd on 11/27/2019.]
October 29, 2019 Filing 10 CERTIFICATE of Interested Parties by Steven V. Kozmary, M.D., LLC. There are no known interested parties other than those participating in the case (Perry, Alexander) [Transferred from nvd on 11/27/2019.]
October 24, 2019 Opinion or Order Filing 9 ORDER Granting #7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Gregory R. Farkas and approving Attorney Rick R. Hsu as Designation of Local Counsel for Defendant. Signed by Judge James C. Mahan on 10/24/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SLD) [Transferred from nvd on 11/27/2019.]
October 24, 2019 Opinion or Order Filing 8 ORDER Granting #6 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael E. Smith and approving Attorney Rick R. Hsu as Designation of Local Counsel for Defendant. Signed by Judge James C. Mahan on 10/24/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SLD) [Transferred from nvd on 11/27/2019.]
October 22, 2019 Filing 7 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gregory R. Farkas and DESIGNATION of Local Counsel Rick R. Hsu (Filing fee $ 250 receipt number 0978-5747089) by Defendant Medical Mutual of Ohio. (Hsu, Rick) [Transferred from nvd on 11/27/2019.]
October 22, 2019 Filing 6 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael E. Smith and DESIGNATION of Local Counsel Rick R. Hsu (Filing fee $ 250 receipt number 0978-5746568) by Defendant Medical Mutual of Ohio. (Hsu, Rick) [Transferred from nvd on 11/27/2019.]
October 21, 2019 Filing 5 MOTION to Extend Time (First Request) to file Answer or Responsive Paper re #1 Petition for Removal, by Defendant Medical Mutual of Ohio. (Hsu, Rick) [Transferred from nvd on 11/27/2019.]
October 17, 2019 Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Michael E. Smith to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 12/1/2019. (no image attached) (SLD) [Transferred from nvd on 11/27/2019.]
October 17, 2019 Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 10/17/2019. Statement regarding removed action is due by 11/1/2019. Joint Status Report regarding removed action is due by 11/16/2019. (Copies have been distributed pursuant to the NEF - SLD) [Transferred from nvd on 11/27/2019.]
October 17, 2019 Filing 2 CERTIFICATE of Interested Parties by Medical Mutual of Ohio. There are no known interested parties other than those participating in the case (Hsu, Rick) [Transferred from nvd on 11/27/2019.]
October 17, 2019 Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-19-801552-C, (Filing fee $ 400 receipt number 0978-5742012) by Medical Mutual of Ohio. (Hsu, Rick) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 11/27/2019.]
October 17, 2019 **NON-PUBLIC** Deadline for CIP terminated. (SLD) [Transferred from nvd on 11/27/2019.]
October 17, 2019 Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (SLD) [Transferred from nvd on 11/27/2019.]

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Defendant: Medical Mutual of Ohio
Represented By: Gregory R. Farkas
Represented By: Rick R. Hsu
Represented By: Michael Earl Smith
Represented By: Michael E. Smith
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Plaintiff: Steven V. Kozmary, M.D., LLC
Represented By: Mark Hutchings
Represented By: Alexander M. P. Perry
Represented By: Mark H. Hutchings
Represented By: Paul M. Shipp
Represented By: Brent M. Buckley
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