Lynn v. Beers et al
| Vicki Lynn |
| Daniel J. Beers, Ronald Beers, Daniel Beers, Jr., Druzilla J. Abel, Thomas Fabris, Brandon Fabris, Douglas D. Behrens, Dale E. Bellis, Larry Foster, Dorsey Morrow, Don Brewer, Durlin Beachy, Everett Yoder, Robert Klinestiver, Phyllis Ingram, Stephen Doukas, Joseph Gingerich, Ryan Mast, Scot Burris, Brian Basik, Gospel Light Mennonite Church Medical Aid Plan, National Coalition of Health Care Sharing Ministries, MedicalCost Savings Solution LTD, The, Cost Sharing Solutions, LLC and Savnet International, LLC |
| 5:2024cv00153 |
| January 25, 2024 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| David A Ruiz |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 110 Attorney Appearance of Co-Counsel by Mark R. Koberna, Rick D. Sonkin and Rodd A. Sanders filed by on behalf of Vicki Lynn. (Sanders, Rodd) |
| Filing 109 Attorney Appearance of Counsel by Erin N. Poplar and Daniel D. Mason filed by on behalf of Durlin Beachy, Scot Burris, Larry Foster, Joseph Gingerich, Ryan Mast. (Poplar, Erin) |
| Filing 108 Motion by Chase C. Keibler for Leave to Withdraw as Counsel filed by Brian Basik, Durlin Beachy, Scot Burris, Larry Foster, Joseph Gingerich, Ryan Mast. (No original signature s/.) (S,JM) |
| Filing 107 Motion for attorney Matthew William Shealy to Appear Pro Hac Vice. Filing fee $120.00, receipt number 150195, filed by Plaintiff Vicki Lynn. (Attachments: #1 Certificate of Good Standing). (H,Ch) |
| Filing 106 Motion for attorney Patrick E. Knie to Appear Pro Hac Vice. Filing fee $120.00, receipt number 150193, filed by Plaintiff Vicki Lynn. (Attachments: #1 Certificate of Good Standing). (H,Ch) |
Order [non-document] granting Defendants' Motion to withdraw as attorney. (Related Doc #105 ). Attorneys J. David Black and Kirsten Elena Small removed from case. Judge David A. Ruiz on 2/13/2024. (H,Z)
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Order [non-document] granting Defendant Dale E. Bellis's Motion to withdraw as attorney. (Related Doc #101 ). Attorney Christopher B. Major removed from case. Judge David A. Ruiz on 2/11/2024. (H,Z)
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| Filing 105 Motion by Kirsten Elena Small and J. David Black to withdraw as attorney filed by Don Brewer, Stephen Doukas, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Everett Yoder. (Anglewicz, Emily) |
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Filing 104
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge David A. Ruiz for all further proceedings as related to case 5:21CV2001. Judge John R. Adams on 2/7/24. (K,C)
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| Judge David A. Ruiz assigned to case Judge John R. Adams terminated. (E,CK) |
| Random Reassignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (E,CK) |
| Filing 103 Attorney Appearance by Laura L. Mills and Pierce C. Walker filed by on behalf of Daniel Beers, Jr, Daniel J. Beers, Ronald Beers, Cost Sharing Solutions, LLC, Brandon Fabris, Thomas Fabris, MedicalCost Savings Solution LTD, The. (Mills, Laura) Modified text on 2/6/2024 (B,DL). |
| Filing 102 Attorney Appearance by Paul J. Neel filed by on behalf of Druzilla J. Abel. (Neel, Paul) |
| Filing 101 Motion by Christopher B. Major to withdraw as attorney filed by Defendant Dale E. Bellis. (Zbiegien, Michael) |
| Notice to Attorney Kenneth C. Anthony, Jr. 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. (W,Jo) |
| Notice to Attorney Patrick Eugene Knie. 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. (W,Jo) |
| Notice to Attorney Matthew William Shealy. 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. (W,Jo) |
| Notice to Attorney Briggs Paul Tucker. 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. (W,Jo) |
| Notice to Attorney Christopher B. Major. 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. (W,Jo) |
| Notice to Attorney Kirsten Elena Small. 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. (W,Jo) |
| Notice to Attorney J. David Black. 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. (W,Jo) |
| Notice to Attorney Chase Caleb Keibler. 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. (W,Jo) |
| Filing 100 Magistrate Consent Form issued. (S,DM) |
| Filing 99 CASE TRANSFERRED IN from District of South Carolina. Case number 7:23-cv-00442. Electronic file, transfer order and docket sheet received. |
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Filing 97
ORDER: the Court GRANTS the six Motions before the Court to the extent they seek a transfer to the Northern District of Ohio based on the First-Filed Rule. (ECF Nos. #35 ; #36 ; #37 ; #39 ; #40 ; and #82 ). The Court declines to address Defendants' arguments to dismiss pursuant to Rule 12(b)(2) for lack of personal jurisdiction or to dismiss pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Signed by Honorable Timothy M Cain on 1/25/2024.(jens) [Transferred from scd on 1/25/2024.]
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| Judge John R. Adams assigned to case. (S,DM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (S,DM) |
| Filing 96 NOTICE of Request for Protection from Court Appearance by Patrick Eugene Knie for Jan. 18-19; Feb. 7; April 15-19; June 17-21; July 31; August 1-2; Oct. 14-18; Dec. 5-6, 2024 (Knie, Patrick) Modified on 1/17/2024: to add text (2024) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 95 DELETION OF DOCKET ENTRY NUMBER #93 Notice of Request for Protection. Reason: filed in wrong case. Corrected Filing Document Number #94 Notice of Request for Protection. Re-filed by attorney on same day as original filing: 8/1/23. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 94 NOTICE of Request for Protection from Court Appearance by Briggs Paul Tucker for September 4-8, 2023 (Tucker, Briggs) [Transferred from scd on 1/25/2024.] |
| Filing 92 NOTICE of Request for Protection from Court Appearance by Kirsten Elena Small for 07/31/23 - 08/04/23 (Small, Kirsten) [Transferred from scd on 1/25/2024.] |
| Filing 90 REPLY to Response to Motion re #82 MOTION to Dismiss Response filed by Dale E Bellis. (Major, Christopher) [Transferred from scd on 1/25/2024.] |
| Filing 89 TEXT ORDER granting #88 Consent Motion for Extension of Time to File Reply re #82 MOTION to Dismiss. Reply due by 6/6/2023. Entered at the direction of theHonorable Timothy M Cain on 5/31/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 88 MOTION for Extension of Time to File Response/Reply as to #87 Response in Opposition to Motion,, by Dale E Bellis. Response to Motion due by 6/14/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Major, Christopher) [Transferred from scd on 1/25/2024.] |
| Filing 87 RESPONSE in Opposition re #82 MOTION to Dismiss. Response filed by Vicki Lynn.Reply to Response to Motion due by 6/1/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - 2015 IRS Form 990, #2 Exhibit B - 2016 IRS Form 990, #3 Exhibit C - 2017 IRS Form 990)(Knie, Patrick) (Main Document 87 replaced on 5/25/2023: to replace with corrected document as requested by and provided by filing user). Modified on 5/25/2023: to remove duplicate text (Exhibit Exhibit) (kmca). (Main Document 87 replaced on 5/25/2023: to replace with corrected document as requested by and provided by filing user) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 86 TEXT ORDER granting #85 Consent Motion for Extension of Time to File Response as to #82 MOTION to Dismiss. Response to Motion due by 5/26/2023. Entered at the direction of the Honorable Timothy M Cain on 5/12/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 85 MOTION for Extension of Time to File Response/Reply as to #82 MOTION to Dismiss by Vicki Lynn. Response to Motion due by 5/25/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Knie, Patrick) (Main Document 85 replaced on 5/11/2023). Modified on 5/11/2023 to replace with corrected document provided by filing user. (arut). [Transferred from scd on 1/25/2024.] |
| Filing 84 TEXT ORDER granting #80 Motion to Appear Pro Hac Vice; granting #81 Motion to Appear Pro Hac Vice. Attorneys Michael Joseph Zbiegien, Jr. and Cary Matthew Snyder added for Defendant Dale E Bellis. Entered at the direction of the Honorable Timothy M Cain on 5/2/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 83 Local Rule 26.01 Answers to Interrogatories by Dale E Bellis.(kmca) Removed from entry #82 to file separately. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 82 MOTION to Dismiss by Dale E Bellis. Response to Motion due by 5/15/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 - 2014-03-31 Gospel Light Recognition Letter from CMS, #3 Exhibit 2 - Declaration of Dale E. Bellis, # 4 LR 26.01 Answers) No proposed order.(Major, Christopher) Modified on 5/1/2023: to remove attachment 4 and file as a separate event #83 LR 26.01s (kmca). Added MOTION to Transfer Case on 1/25/2024 to add additional relief listed (jens). [Transferred from scd on 1/25/2024.] |
| Filing 81 MOTION to Appear Pro Hac Vice by Cary Matthew Snyder ( Filing fee $ 350 receipt number ASCDC-11076037) by Dale E Bellis. Response to Motion due by 5/15/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing)No proposed order.(Major, Christopher) [Transferred from scd on 1/25/2024.] |
| Filing 80 MOTION to Appear Pro Hac Vice by Michael Joseph Zbiegien, Jr. ( Filing fee $ 350 receipt number ASCDC-11075990) by Dale E Bellis. Response to Motion due by 5/15/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Pro Hac Vice Application, #2 Supporting Documents Certificate of Good Standing)No proposed order.(Major, Christopher) [Transferred from scd on 1/25/2024.] |
| Filing 77 REPLY to Response to Motion re #36 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by Brian Basik, Durlin Beachy, Scot Burris, Larry Foster, Joseph Gingerich, Ryan Mast. (Keibler, Chase) (Main Document 77 replaced on 4/27/2023: to replace with corrected document (LR 7.05) as provided by filing user) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 76 REPLY to Response to Motion re #35 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim with Memo in Support Response filed by Don Brewer, Stephen Doukas, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, Everett Yoder. (Black, J) [Transferred from scd on 1/25/2024.] |
| Filing 75 REPLY to Response to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Gospel Light Mennonite Church Medical Aid Plan, National Coalition of Health Care Sharing Ministries. (Black, J) [Transferred from scd on 1/25/2024.] |
| Filing 73 NOTICE of Voluntary Dismissal by Brian Basik (Keibler, Chase) [Transferred from scd on 1/25/2024.] |
| Filing 72 REPLY to Response to Motion re #39 MOTION to Dismiss for Lack of Jurisdiction Reply in Support Response filed by Druzilla J Abel. (Tucker, Briggs) [Transferred from scd on 1/25/2024.] |
| Filing 70 REPLY to Response to Motion re #40 First MOTION to Dismiss. Response filed by Daniel Beers, Jr, Daniel J Beers, Ronald Beers, Cost Sharing Solutions LLC, Brandon Fabris, Thomas Fabris, MedicalCost Savings Solution LTD, The. (kmca) Re-filed by clerk to correct event. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 69 TEXT ORDER granting #68 Consent Motion for Extension of Time to File Reply re #36 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Reply due by 4/26/2023. Entered at the direction of the Honorable Timothy M Cain on 4/18/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 68 Consent MOTION for Extension of Time to File Response/Reply re #36 Motion to Dismiss by Brian Basik, Durlin Beachy, Scot Burris, Larry Foster, Joseph Gingerich, Ryan Mast. Response to Motion due by 5/2/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Keibler, Chase) Modified on 4/18/2023: to add link ( #36 ) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 67 TEXT ORDER granting #66 Consent Motion for Extension of Time re #39 Motion to Dismiss. Reply due by 4/26/23. Entered at the direction of the Honorable Timothy M Cain on 4/18/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 66 Consent MOTION for Extension of Time for Reply in Support of #39 Motion to Dismiss by Druzilla J Abel. Response to Motion due by 5/2/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Tucker, Briggs) Modified on 4/18/2023: to add link ( #39 ), to add text (consent) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 65 RESPONSE in Opposition re #40 First MOTION to Dismiss Response filed by Vicki Lynn.Reply to Response to Motion due by 4/24/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Knie, Patrick) [Transferred from scd on 1/25/2024.] |
| Filing 64 TEXT ORDER granting #63 Consent Motion for Extension of Time re #35 and #37 Motions to Dismiss. Replies due by 4/26/23. Entered at the direction of the Honorable Timothy M Cain on 4/17/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 63 Consent MOTION for Extension of Time to file replies in support of Motions to Dismiss (ECF Nos. 35, 37 by Don Brewer, Stephen Doukas, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Everett Yoder. Response to Motion due by 5/1/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Small, Kirsten) (Main Document 63 replaced on 4/17/2023: to replace with corrected document (typo) as provided by filing user) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 62 Local Rule 26.01 Answers to Interrogatories by Daniel Beers, Jr, Daniel J Beers, Ronald Beers, Cost Sharing Solutions LLC, Brandon Fabris, Thomas Fabris, MedicalCost Savings Solution LTD, The.(Anthony, Kenneth) [Transferred from scd on 1/25/2024.] |
| Filing 61 TEXT ORDER granting #58 Motion to Appear Pro Hac Vice and granting #59 Motion to Appear Pro Hac Vice. Attorneys Emily Kristen Anglewicz and Rachael Lyn Russo added for defendants Don Brewer, Stephen Doukas, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Everett Yoder. Entered at the direction of the Honorable Timothy M Cain on 4/13/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 60 RESPONSE in Opposition re #39 MOTION to Dismiss for Lack of Jurisdiction Response filed by Vicki Lynn.Reply to Response to Motion due by 4/19/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 2018 Form 990, #2 Exhibit 2019 Form 990)(Knie, Patrick) (Main Document 60 replaced on 4/13/2023: to replace with corrected document (typo page 5) as provided by filing user) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 59 MOTION to Appear Pro Hac Vice by Rachael Lyn Russo ( Filing fee $ 350 receipt number ASCDC-11045293) by Don Brewer, Stephen Doukas, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Everett Yoder. Response to Motion due by 4/26/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Pro Hac Vice Application, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Black, J) (Additional attachment added on 4/13/2023: as provided by filing user: #3 Certificate of Good Standing from The Supreme Court of Ohio) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 58 MOTION to Appear Pro Hac Vice by Emily Kristen Anglewicz ( Filing fee $ 350 receipt number ASCDC-11045225) by Don Brewer, Stephen Doukas, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Everett Yoder. Response to Motion due by 4/26/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Pro Hac Vice Application, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Black, J) (Additional attachment added on 4/13/2023: as provided by filing user: #3 Certificate of Good Standing from The Supreme Court of Ohio) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 56 RESPONSE in Opposition re #37 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Vicki Lynn.Reply to Response to Motion due by 4/19/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 2021 Form 990)(Knie, Patrick) [Transferred from scd on 1/25/2024.] |
| Filing 55 RESPONSE in Opposition re #35 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim with Memo in Support, #36 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by Vicki Lynn.Reply to Response to Motion due by 4/19/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Various Bills, SC General Assembly)(Knie, Patrick) [Transferred from scd on 1/25/2024.] |
| Filing 54 Local Rule 26.01 Answers to Interrogatories by Brian Basik, Durlin Beachy, Scot Burris, Larry Foster, Joseph Gingerich, Ryan Mast.(Keibler, Chase) [Transferred from scd on 1/25/2024.] |
| Filing 53 Local Rule 26.01 Answers to Interrogatories by Druzilla J Abel.(Tucker, Briggs) [Transferred from scd on 1/25/2024.] |
| Filing 50 Local Rule 26.01 Answers to Interrogatories by Don Brewer, Stephen Doukas, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, Everett Yoder.(Black, J) [Transferred from scd on 1/25/2024.] |
| Filing 49 Local Rule 26.01 Answers to Interrogatories by Gospel Light Mennonite Church Medical Aid Plan, National Coalition of Health Care Sharing Ministries.(Black, J) [Transferred from scd on 1/25/2024.] |
| Filing 48 CLERK'S NOTICE: Local Rule 26.01 Answers to Interrogatories are due at the time a party first appears (LR 26.01). Please note: Effective 12/1/22, a standing order was issued notifying filers of the addition of Question H to the Local Rule 26.01 Answers. All Defendants 26.01s need to be filed ASAP. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 47 TEXT ORDER granting #45 Consent Motion for Extension of Time to File Response. Response to #35 #36 #37 #39 Motions due by 4/12/2023. Response to #40 Motion due by 4/17/2023. Entered at the direction of the Honorable Timothy M Cain on 3/29/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 46 DELETION OF DOCKET ENTRY NUMBER #44 Stipulation. Reason: re-filed by attorney to correct event and pleading. Corrected Filing Document Number #45 Consent Motion. Re-filed the same day as that of original filing: 3/28/23. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 45 Consent MOTION for Extension of Time to File Response/Reply to #35 #36 #37 #39 #40 Motions to Dismiss by Vicki Lynn. Response to Motion due by 4/11/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Knie, Patrick) Modified on 3/29/2023: to add links ( #35 #36 #37 #39 #40 ), to add text: consent (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 43 WAIVER OF SERVICE by Vicki Lynn. Dale E Bellis waiver executed on 3/3/2023, answer due 5/2/2023. (Attachments: #1 Exhibit Executed Waiver of Service)(Knie, Patrick) [Transferred from scd on 1/25/2024.] |
| Filing 42 Clerk's ENTRY OF DEFAULT as to Douglas D Behrens, Savnet International LLC. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 41 REQUEST FOR ENTRY OF DEFAULT against Defendants Douglas D Behrens and Savnet International by Vicki Lynn. (Knie, Patrick) (Main Document 41 replaced on 3/27/2023: to replace with corrected document (typo) as provided by filing user) Modified on 3/27/2023: to add text (Defendants...) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 40 First MOTION to Dismiss by Daniel J Beers, Ronald Beers, Cost Sharing Solutions LLC, Brandon Fabris, Thomas Fabris, MedicalCost Savings Solution LTD, The; Daniel Beers Jr. Response to Motion due by 4/3/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit LHS Guidelines)No proposed order.(Anthony, Kenneth) (Main Document 40 replaced on 3/21/2023: to replace with corrected document (LR 1.05, 83.I.04) as provided by filing user) (kmca). (Main Document 40 replaced on 3/31/2023: to replace with corrected document (name typo) as provided by filing user) Modified on 3/31/23: to add Daniel Beers, Jr as filer as listed. (kmca). Added MOTION to Transfer Case on 1/25/2024 to add additional relief listed (jens). [Transferred from scd on 1/25/2024.] |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction by Druzilla J Abel. Response to Motion due by 3/30/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Memo in Support of Motion to Dismiss)No proposed order.(Tucker, Briggs) (Main Document 39 and Attachment 1 replaced on 3/16/2023: to replace with corrected documents (pro hac signature and LR 1.05) as provided by filing user) (kmca). (Main Document 39 and Attachment 1 replaced on 3/16/2023: as requested by and provided by filing user) (kmca). Added MOTION to Transfer Case on 1/25/2024 to add additional relief listed (jens). [Transferred from scd on 1/25/2024.] |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 3/29/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Gospel Light Mennonite Church Medical Aid Plan, National Coalition of Health Care Sharing Ministries. (Attachments: #1 Memo in Support, #2 Exhibit Morrow Declaration, #3 Exhibit N.D. Ohio Action - Amended Complaint)No proposed order.(Black, J). Added MOTION to Transfer Case on 1/25/2024 to add additional relief listed (jens). [Transferred from scd on 1/25/2024.] |
| Filing 36 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM.(Response to Motion due by 3/29/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Brian Basik, Durlin Beachy, Scot Burris, Larry Foster, Joseph Gingerich, Ryan Mast. (Attachments: #1 Memo in Support, #2 Exhibit Basik Declaration, #3 Exhibit Beachy Affidavit, #4 Exhibit Burris Affidavit, #5 Exhibit Foster Affidavit, #6 Exhibit Gingerich Affidavit, #7 Exhibit Mast Affidavit)No proposed order.(Keibler, Chase) Modified on 3/16/2023: to add descriptions to Exhibits as provided by filing user (kmca). Added MOTION to Transfer Case on 1/25/2024 to add additional relief listed (jens). [Transferred from scd on 1/25/2024.] |
| Filing 35 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim with Memo in Support by Don Brewer, Stephen Doukas, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, Everett Yoder. Response to Motion due by 3/29/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Dismiss, #2 Exhibit Declaration of Dorsey Morrow, #3 Exhibit Declaration of Don Brewer, #4 Exhibit Declaration of Phyllis Ingram, #5 Exhibit Declaration of Stephen Doukas, #6 Exhibit Declaration of Robert Klinestiver, #7 Exhibit Declaration of Everett Yoder)No proposed order.(Black, J) Modified on 3/16/2023: to remove duplicate text (memo in support) (kmca). Added MOTION to Transfer Case on 1/25/2024 to add additional relief listed (jens). [Transferred from scd on 1/25/2024.] |
| Filing 34 NOTICE of Appearance by Kirsten Elena Small on behalf of Don Brewer, Stephen Doukas, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Everett Yoder (Small, Kirsten) [Transferred from scd on 1/25/2024.] |
| Filing 32 TEXT ORDER granting #30 Motion to Appear Pro Hac Vice; granting #31 Motion to Appear Pro Hac Vice. Attorneys Karen L Giffen and Kerin Lyn Kaminski added for Defendant Druzilla J Abel. Entered at the direction of the Honorable Timothy M Cain on 3/13/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 31 MOTION to Appear Pro Hac Vice by Kerin Lyn Kaminski ( Filing fee $ 350 receipt number ASCDC-10987267) by Druzilla J Abel. Response to Motion due by 3/24/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Exhibit Certificate of Good Standing)No proposed order.(Tucker, Briggs) (Main Document 31 replaced on 3/10/2023: to replace with corrected document (signed) as provided by filing user) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 30 MOTION to Appear Pro Hac Vice by Karen L. Giffen ( Filing fee $ 350 receipt number ASCDC-10987176) by Druzilla J Abel. Response to Motion due by 3/24/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Pro Hac Vice Application)No proposed order.(Tucker, Briggs) (Main Document 30 replaced on 3/10/2023: to replace with corrected document (signed) as provided by filing user). (Additional attachment added on 3/10/2023: as provided by filing user #2 Certificate of Good Standing) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 29 NOTICE of Appearance by Briggs Paul Tucker on behalf of Druzilla J Abel (Tucker, Briggs) [Transferred from scd on 1/25/2024.] |
| Filing 27 SUMMONS Returned Executed by Vicki Lynn. Phyllis Ingram served on 2/23/2023, answer due 3/16/2023; Robert Klinestiver served on 2/23/2023, answer due 3/16/2023. (Attachments: #1 Certificate of Service Acceptance of Service/Phyllis Ingram, #2 Certificate of Service Acceptance of Service/Robert Klinestiver)(Knie, Patrick) [Transferred from scd on 1/25/2024.] |
| Filing 26 NOTICE of Appearance by Chase Caleb Keibler on behalf of Brian Basik (Keibler, Chase) [Transferred from scd on 1/25/2024.] |
| Filing 25 LETTER EXTENDING TIME TO ANSWER. Brian Basik answer due 3/15/23, Durlin Beachy answer due 3/15/23, Ryan Mast answer due 3/15/23, Larry Foster answer due 3/15/23, Scot Burris answer due 3/15/23, Joseph Gingerich answer due 3/15/23. (Keibler, Chase) Modified on 2/27/2023: to add text (answer dates) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 24 DELETION OF DOCKET ENTRY NUMBER #21 Stipulation. Reason: re-filed by clerk to correct event. Corrected Filing Document Number #23 Letter extending time to answer. Modified filing date to that of original filing: 2/23/23. (kmca) Modified on 2/24/2023: to correct typo ( #23 ) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 23 LETTER EXTENDING TIME TO ANSWER. Don Brewer answer due 3/15/2023; Stephen Doukas answer due 3/15/2023; Gospel Light Mennonite Church Medical Aid Plan answer due 3/15/2023; Phyllis Ingram answer due 3/15/2023; Robert Klinestiver answer due 3/15/2023; Dorsey Morrow answer due 3/15/2023; National Coalition of Health Care Sharing Ministries answer due 3/15/2023; Everett Yoder answer due 3/15/2023. (kmca) Re-filed by clerk to correct event (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 22 DELETION OF DOCKET ENTRY NUMBER #16, #17 Acceptance of Service. Reason: re-filed by attorney to correct event and add signature. Corrected Filing Document Number #18 , #19 Summons Returned Executed. Re-filed same day as original filing: 2/23/23. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 20 NOTICE of Appearance by J David Black on behalf of Don Brewer, Stephen Doukas, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Everett Yoder (Black, J) [Transferred from scd on 1/25/2024.] |
| Filing 19 SUMMONS Returned Executed by Vicki Lynn. Thomas Fabris served on 2/23/2023, answer due 3/20/2023 (Attachments: #1 Acceptance of Service/Thomas Fabris)(Knie, Patrick) (Attachment 1 replaced on 2/24/2023: to remove double headers). Modified on 2/24/2023: to add text (service and answer dates) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 18 SUMMONS Returned Executed by Vicki Lynn. Brandon Fabris served on 2/23/2023, answer due 3/20/2023 (Attachments: #1 Acceptance of Service/Brandon Fabris)(Knie, Patrick) (Attachment 1 replaced on 2/24/2023: to remove double headers). Modified on 2/24/2023: to add text (service and answer dates) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 15 SUMMONS Returned Executed by Vicki Lynn. Cost Sharing Solutions LLC served on 2/9/2023, answer due 3/20/2023; Gospel Light Mennonite Church Medical Aid Plan served on 2/9/2023, answer due 3/2/2023; MedicalCost Savings Solution LTD, The served on 2/9/2023, answer due 3/20/2023; National Coalition of Health Care Sharing Ministries served on 2/9/2023, answer due 3/2/2023; Savnet International LLC served on 2/9/2023, answer due 3/2/2023. (Attachments: #1 Certificate of Service Letter of Service The Medical Cost Savings Solution, #2 Certificate of Service Letter of Service Gospel Light Mennonite Church Medical Aid Plan, #3 Certificate of Service Letter of Service Cost Sharing Solutions, #4 Certificate of Service Letter of National Coalition of Health Care Sharing Ministries, #5 Certificate of Service Savnet International)(Knie, Patrick) Modified on 2/23/2023: NOTE: see #12 Letter extending time to answer to 3/20/23 for MedicalCost Savings Solution LTD, The; and Cost Sharing Solutions LLC. (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 14 TEXT ORDER granting #13 Motion to Appear Pro Hac Vice. Attorney Laura L Mills added for Defendants Daniel Beers, Jr; Daniel J Beers, Ronald Beers, Cost Sharing Solutions LLC, Brandon Fabris, Thomas Fabris, and The MedicalCost Savings Solution LTD. Entered at the direction of the Honorable Timothy M Cain on 2/22/23.(kmca) [Transferred from scd on 1/25/2024.] |
| Filing 13 MOTION to Appear Pro Hac Vice by Laura L. Mills ( Filing fee $ 350 receipt number ASCDC-10954813) by Daniel Beers, Jr, Daniel J Beers, Ronald Beers, Cost Sharing Solutions LLC, Brandon Fabris, Thomas Fabris, MedicalCost Savings Solution LTD, The. Response to Motion due by 3/7/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Anthony, Kenneth) (Additional attachment(s) added on 2/21/2023: as requested by and provided by filing user: #1 Application/Affidavit, #2 Certificate of Good Standing) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 12 LETTER EXTENDING TIME TO ANSWER MedicalCost Savings Solution LTD, The answer due 3/20/2023; Daniel Beers, Jr answer due 3/20/2023; Cost Sharing Solutions LLC answer due 3/20/2023; Brandon Fabris answer due 3/20/2023; Thomas Fabris answer due 3/20/2023; Daniel J Beers answer due 3/20/2023; Ronald Beers answer due 3/20/2023. (Anthony, Kenneth) [Transferred from scd on 1/25/2024.] |
| Filing 11 NOTICE of Appearance by Kenneth C Anthony, Jr on behalf of Daniel Beers, Jr, Daniel J Beers, Ronald Beers, Cost Sharing Solutions LLC, Brandon Fabris, Thomas Fabris, MedicalCost Savings Solution LTD, The (Anthony, Kenneth) [Transferred from scd on 1/25/2024.] |
| Filing 10 SUMMONS Returned Executed by Vicki Lynn. Stephen Doukas served on 2/13/2023, answer due 3/6/2023. (Attachments: #1 Affidavit of Service on Stephen Doukas)(Knie, Patrick) Modified on 2/21/2023: to edit text (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 9 SUMMONS Returned Executed by Vicki Lynn. Brian Basik served on 2/9/2023, answer due 3/2/2023; Douglas D Behrens served on 2/17/2023, answer due 3/10/2023. (Attachments: #1 Affidavit of Service on Douglas Behrens, #2 Proof of Service on Brian Basik)(Knie, Patrick) Modified on 2/21/2023: to edit text (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 8 SUMMONS Returned Executed by Vicki Lynn. Don Brewer served on 2/8/2023, answer due 3/1/2023; Scot Burris served on 2/10/2023, answer due 3/3/2023; Larry Foster served on 2/14/2023, answer due 3/7/2023; Everett Yoder served on 2/9/2023, answer due 3/2/2023. (Attachments: #1 Exhibit Proof of Service Everett Yoder, #2 Exhibit Proof of Service Don Brewer, #3 Exhibit Affidavit of Service Scot Burris, #4 Exhibit Proof of Service Larry Foster)(Knie, Patrick) Modified on 2/15/2023to add text (names to exhibits); to correct service dates for Everett Yoder and Don Brewer per proof of service (kmca, ). [Transferred from scd on 1/25/2024.] |
| Filing 6 SUMMONS Returned Executed by Vicki Lynn. Druzilla J Abel served on 2/2/2023, answer due 2/23/2023; Durlin Beachy served on 2/2/2023, answer due 2/23/2023; Daniel Beers, Jr served on 2/2/2023, answer due 2/23/2023; Daniel J Beers served on 2/2/2023, answer due 2/23/2023; Ronald Beers served on 2/2/2023, answer due 2/23/2023; Joseph Gingerich served on 2/2/2023, answer due 2/23/2023; Ryan Mast served on 2/2/2023, answer due 2/23/2023; Dorsey Morrow served on 2/4/2023, answer due 2/27/2023. (Attachments: #1 Exhibit Proof of Service Durlin Beachy, #2 Exhibit Proof of Service Joseph Gingerich, #3 Exhibit Proof of Service Ryan Mast, #4 Exhibit Affidavit of Service Daniel Beers Jr, #5 Exhibit Affidavit of Service Daniel J Beers, #6 Exhibit Affidavit of Service Ronald Beers, #7 Exhibit Affidavit of Service Dorsey Morrow, #8 Exhibit Affidavit of Service Druzilla J Abel)(Knie, Patrick) Modified on 2/7/2023: to add text (names to exhibits) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 4 Summons Issued as to Druzilla J Abel, Brian Basik, Durlin Beachy, Daniel Beers, Jr, Daniel J Beers, Ronald Beers, Douglas D Behrens, Dale E Bellis, Don Brewer, Scot Burris, Cost Sharing Solutions LLC, Stephen Doukas, Brandon Fabris, Thomas Fabris, Larry Foster, Joseph Gingerich, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Ryan Mast, MedicalCost Savings Solution LTD, The; Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Savnet International LLC, Everett Yoder. (kmca) [Transferred from scd on 1/25/2024.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Vicki Lynn.(kmca) (Main Document 3 replaced on 2/1/2023: to replace with corrected document (H) as provided by filing user) (kmca). [Transferred from scd on 1/25/2024.] |
| Filing 1 CLASS ACTION COMPLAINT against Druzilla J Abel, Brian Basik, Durlin Beachy, Daniel Beers, Jr, Daniel J Beers, Ronald Beers, Douglas D Behrens, Dale E Bellis, Don Brewer, Scot Burris, Cost Sharing Solutions LLC, Stephen Doukas, Brandon Fabris, Thomas Fabris, Larry Foster, Joseph Gingerich, Gospel Light Mennonite Church Medical Aid Plan, Phyllis Ingram, Robert Klinestiver, Ryan Mast, MedicalCost Savings Solution LTD, The; Dorsey Morrow, National Coalition of Health Care Sharing Ministries, Savnet International LLC, Everett Yoder (Filing fee $402 receipt number BSCDC-10921469), filed by Vicki Lynn. Service due by 5/2/2023.(kmca) [Transferred from scd on 1/25/2024.] |
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