Phoenix Group Home, LLC, et al v. Anew Behavioral Health LLC et al
| PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC dba PATH Integrated Healthcare, Phoenix Group Home, LLC doing business as PATH Integrated Healthcare and Phoenix Group Home, LLC doing business as PATH Integrated Healthcare, LLC doing business as PATH Integrated Healthcare |
| Michael Boggs, Cathy Heid, Johnnie Matt Conn, Jayson Pratt, Brianna Newsome, Anew Behavioral Health LLC, Douglas Cales and Does 1-10 |
| 1:2021cv00034 |
| January 15, 2021 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| ***Civil Case Terminated. (kkz) |
Filing 48
ORDER Extending Consent Injunction and Dismissing Case. Signed by Judge Michael R. Barrett on 4/29/2022. (kkz)
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| Filing 47 Joint MOTION for Extension of Time New date requested 8/31/2022. of Consent Injunction, Joint MOTION to Dismiss ( Responses due by 5/12/2022) by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
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Filing 46
AMENDED CALENDAR ORDER granting #45 Motion for Three-Month Extension of Case Schedule. Plaintiff Primary Expert due by 2/22/2022; Defendant Primary Expert due by 3/21/2022; Rebuttal Expert due by 4/21/2022; Discovery due by 6/21/2022; Dispositive motions due by 8/2/2022; Final Pretrial Conference set for 1/26/2023 at 10:00 AM in Chambers before Judge Michael R. Barrett, Bench Trial 03/2023. Signed by Judge Michael R. Barrett on 11/16/2021. (kkz) Modified for text on 11/17/2021 (kkz).
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| Filing 45 Joint MOTION Three-Month Extension of Case Schedule by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
| Filing 44 ANSWER to #38 Amended Complaint,, filed by Anew Behavioral Health LLC. (SEARCHABLE PDF) (Duwel, David) Modified on 11/2/2021 (eh). |
| Filing 43 ANSWER to #38 Amended Complaint,, filed by Anew Behavioral Health LLC. (SEARCHABLE PDF) (Duwel, David) Modified on 11/2/2021 (eh). |
| Filing 42 ANSWER to #38 Amended Complaint,, filed by Douglas Cales. (SEARCHABLE PDF) (Duwel, David) Modified docket text on 11/2/2021 (eh). |
| Notice of Correction: Docs. #39 , #40 & #41 re-filed as searchable pdfs at the request of the Clerk. See docs. #42 , #43 & #44 for corrected entries. (eh) |
| Filing 41 ANSWER to #38 Amended Complaint,, filed by Anew Behavioral Health LLC. (Duwel, David) |
| Filing 40 ANSWER to #38 Amended Complaint,, filed by Anew Behavioral Health LLC. (Duwel, David) |
| Filing 39 ANSWER to #38 Amended Complaint,, filed by Douglas Cales. (Duwel, David) |
| Filing 38 AMENDED COMPLAINT against Anew Behavioral Health LLC, Anew Behavioral Health LLC, Michael Boggs, Douglas Cales, Johnnie Matt Conn, Cathy Heid, Brianna Newsome, Jayson Pratt, filed by PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Harris, Alec) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Michael Kass and Alec Harris appeared for plaintiff; David Duwel appeared for defendants; and Cory Kidwell appeared for 3rd Party Deponent; Status Conference held on 9/24/2021; parties agree to continuing working on discovery and will follow up with the Court as needed. (kkz) (kkz) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 9/14/21 is RESET to 9/24/2021 at 11:00 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 7/19/21 for conferencing instructions. (ba) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 9/14/2021 at 5:00 pm is RESET IN TIME ONLY from 5:00 pm to 12:00 PM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 7/19/2021 for conferencing instructions. (ba) |
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Filing 37
OPINION AND ORDER granting #27 Motion for Leave to File; denying #21 Motion to Dismiss; granting #21 Motion to Compel; granting #21 Motion to Stay; This matter is STAYED with respect to PATH's claims against Employee Defendants. The Court COMPELS PATH and Employee Defendants to arbitrate PATH's claims against Employee Defendants according to the terms of their Arbitration Agreements. PATH and Employee Defendants parties SHALL notify the Court within 14 days upon the conclusion of arbitration. PATH's claims against Defendants Anew and Cales remain pending before the Court. The Consent Injunction between all parties remains in effect and the Court retains jurisdiction concerning the Consent Injunction's enforcement.. Signed by Judge Michael R. Barrett on 09/03/2021. (kkz) Modified on 9/7/2021 (kl).
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| Notice of Correction re: Status Conference please be aware that the status conference is set for 9/14/21 at 5:00pm and not 10/14/2021. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Michael Kass appeared for plaintiff; David Duwel, Bradley Gibson and Casey Jones appeared for defendants; and Cory Kidwell appeared for 3rd Party Deponent;Status Conference held on 8/26/2021; parties agree to continuing working on discovery and follow up with a Status Conference set for 10/14/2021 at 05:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 7/19/2021 for conferencing instructions. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference was held on 8/10/2021 re #36 MOTION to Compel Production of Documents Pursuant to Subpoenas filed by PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC; Micahel Kass and Victor Walton appeared for plaintiff; David Duwel and Bradley Gibson appeared for defendant; and Cory Kidwell appeared for 3rd Party Deponent; counsel for plaintiff and 3rd party deponent to confer and follow up for a Status Conference set for 8/26/2021 at 03:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 7/19/2021 for conferencing instructions. (ba) |
| Filing 36 MOTION to Compel Production of Documents Pursuant to Subpoenas by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Supplement Memorandum in Support of Motion to Compel, #2 Supplement Dec of M Kass w Exs 1-4, #3 Supplement Dec of A Gabbert) (Walton, Victor) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 7/20/2021; Michael Kass appeared for plaintiff; David Duwel appeared for defendant; plaintiff will serve a 3rd party Motion to Compel; a hearing is set for 8/10/2021 at 10:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/2/2021; Michael Kass, Emily St. Cyr, and Victor Walton appeared for plaintiffs; David Duwell and Bradley Gibson appeared for defendants; case to proceed as scheduled along with rulings by the court on pending motions; a follow up status conference to be set following rulings. (ba) (ba) |
| NOTICE of Hearing: Please be aware that due to a scheduling conflict in the Court's calendar, the Status Conference set originally for 6/18/21 and then reset to 6/21/21 is now RESET to 7/2/2021 at 10:00 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 4/26/2021 for conferencing instructions. (ba) |
| NOTICE of Hearing: Please be aware that pursuant to the newly enacted Juneteenth National Independence Day the U.S. District Court will be closed on 6/18/21; therefore, the Status Conference set for 6/18/21 is RESET to 6/21/2021 at 9:30 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 4/26/2021 for conferencing instructions. ; please note that any party with a scheduling issue shall contact Chambers. (ba) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 5/17/21 is RESET to 6/18/2021 at 10:00 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 4/26/21 for conferencing instructions. (ba) |
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Filing 35
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 4/26/21. (ba)
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Filing 34
CALENDAR ORDER: Motions to Amend due by 10/4/2021. Status Conference set for 5/17/2021 at 10:00 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 11/22/2021. Defendant Primary Expert due by 12/21/2021. Rebuttal Expert due by 1/21/2022. Discovery due by 3/21/2022. Dispositive motions due by 5/2/2022. Final Pretrial Conference set for 10/28/2022 at 11:00 AM in Courtroom 1 - Cincinnati before Judge Michael R. Barrett. Bench trial 12/2022. Signed by Judge Michael R. Barrett on 4/26/21. (ba)
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| Filing 33 Joint MOTION for Protective Order by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Text of Proposed Order Stipulated Protective Order) (Walton, Victor) |
| Filing 32 Douglas Cales ANSWER to #1 Complaint,,, filed by Douglas Cales. (Duwel, David) |
| Filing 31 Anew New Hampshire ANSWER to #1 Complaint,,, filed by Anew Behavioral Health LLC. (Duwel, David) |
| Filing 30 Anew Ohio ANSWER to #1 Complaint,,, filed by Anew Behavioral Health LLC. (Duwel, David) |
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Notation Order: This matter is before the Court on the unopposed #29 Motion to File Answer Out of Time of Defendants Anew Behavioral Health LLC, Anew Behavioral Health LLC, Michael Boggs, Douglas Cales. For good cause shown, and the reasons stated therein, this unopposed #29 Motion is GRANTED and these Defendants shall file their Answers on or before April 23, 2021. Signed by Judge Michael R. Barrett on 4/16/21. Signed by Judge Michael R. Barrett on 4/16/21. (ba)
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| Filing 29 MOTION for Limited Admission ( Responses due by 4/23/2021), MOTION File Answer Out of Time by Defendants Anew Behavioral Health LLC, Anew Behavioral Health LLC, Michael Boggs, Douglas Cales. (Duwel, David) |
| Filing 28 RULE 26(f) REPORT - Joint Discovery Plan by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Walton, Victor) |
| Filing 27 MOTION for Leave to File Surreply to Defendants' Motion to Dismiss or in the Alternative, to Stay and Compel Arbitration by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Exhibit A) (Walton, Victor) |
| Filing 26 REPLY to Response to Motion re #21 MOTION to Dismiss or in the Alternative, to Stay and Compel Arbitration MOTION to Compel MOTION to Stay filed by Defendants Michael Boggs, Johnnie Matt Conn, Cathy Heid, Brianna Newsome, Jayson Pratt. (Gibson, Bradley) |
| Filing 25 RESPONSE in Opposition re #21 MOTION to Dismiss or in the Alternative, to Stay and Compel Arbitration MOTION to Compel MOTION to Stay filed by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Exhibit Gabbert Declaration, #2 Exhibit 1 to Decl. - Pratt Offer Ltr Agreement, #3 Exhibit 2 to Decl. - Heid Agreement, #4 Exhibit 3 to Decl. - Conn Agreement, #5 Exhibit 4 to Decl. - Conn Offer Ltr Agreement, #6 Exhibit 5 to Decl. - Boggs Emp Agreement, #7 Exhibit 6 to Decl. - Newsome Offer Ltr Agreement, #8 Exhibit 7 to Decl. - Newsome Agreement, #9 Exhibit 8 to Decl. - Anew Middletown Cert, #10 Exhibit 9 to Decl. - Anew Cincinnati Cert, #11 Exhibit 10 to Decl. - Anew NH Cert, #12 Exhibit 11 to Decl. - Anew Ohio Cert, #13 Exhibit 12 to Decl. - NPPES NPI Registry, #14 Exhibit 13 to Decl. - Anew NPI Provider List) (Walton, Victor) |
| Filing 24 CONSENT INJUNCTION. Signed by Judge Michael R. Barrett on 2/24/21. (ba) |
| Filing 23 Joint MOTION for Preliminary Injunction - Entry of Consent Injunction by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
| Filing 22 NOTICE of Appearance by David Michael Duwel for Defendants Anew Behavioral Health LLC, Anew Behavioral Health LLC, Michael Boggs, Douglas Cales (Duwel, David) |
| Filing 21 MOTION to Dismiss or in the Alternative, to Stay and Compel Arbitration by Defendants Michael Boggs, Johnnie Matt Conn, Cathy Heid, Brianna Newsome, Jayson Pratt. (Attachments: #1 Exhibit Pratt Declaration, #2 Exhibit Conn Declaration, #3 Exhibit Heid Declaration, #4 Exhibit Boggs Declaration, #5 Exhibit Newsome Declaration) (Gibson, Bradley). Added MOTION to Compel, MOTION to Stay on 2/17/2021 (kh). |
| Filing 20 NOTICE of Appearance by Bradley Michael Gibson for Defendants Michael Boggs, Johnnie Matt Conn, Cathy Heid, Brianna Newsome, Jayson Pratt (Gibson, Bradley) |
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NOTATION ORDER granting #16 Motion for Leave to Appear Pro Hac Vice of Jordan C. Lee as Co-Counsel. Co-Counsel is directed to register for efilingthrough PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 2/10/2021. (eh)
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| Filing 19 NOTICE by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC re #16 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8081695) of Jordan C. Lee with Utah Certificate of Good Standing (Walton, Victor) |
| Filing 18 Notice of Deficiency re: #16 MOTION for Leave to Appear Pro Hac Vice of Jordan C. Lee. The submitted certificate is not from the highest court of a State. Deficiency Deadline by 2/19/2021. (eh) |
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NOTATION ORDER granting Motions for Leave to Appear Pro Hac Vice of Michael B. Kass (doc. #15 ) and Alec P. Harris (doc. #17 ) as co-counsel. Co-Counsels are directed to register for efiling through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 2/5/2021. (eh)
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| Filing 17 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8081702) of Alec P. Harris by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Exhibit Cert of Good Standing - Colorado, #2 Exhibit Cert of Good Standing - Colorado District Ct, #3 Text of Proposed Order) (Walton, Victor) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8081695) of Jordan C. Lee by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Exhibit Cert of Good Standing, #2 Text of Proposed Order) (Walton, Victor) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8081680) of Michael B. Kass by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC. (Attachments: #1 Exhibit Cert of Good Standing, #2 Text of Proposed Order) (Walton, Victor) |
| Notice of Correction: Please disregard [FORMER DOC. 13] - restricted for filing error (incorrect pdf attached); see doc. #14 for correction. Answers deadlines related to docs. #11 & #12 reset for data entry error. (eh) |
| Filing 14 NOTICE by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC (amended) filing Exhibits 8-13 to Complaint (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13) (St. Cyr, Emily) |
| Filing 13 [FORMER DOC. 13 - PLEASE DISREGARD. FILER IN ERROR. SEE DOC. #14 ]NOTICE by Plaintiffs PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC of filing Exhibits 8-13 to Complaint (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13) (St. Cyr, Emily) Modified docket text and document security on 2/2/2021 (eh). |
| Filing 12 WAIVER OF SERVICE Returned Executed. Waiver sent to Johnnie Matt Conn on 1/22/2021, answer due 3/23/2021. (Walton, Victor) Modified docket text on 2/2/2021 (eh). |
| Filing 11 WAIVER OF SERVICE Returned Executed. Waiver sent to Brianna Newsome on 1/27/2021, answer due 3/29/2021. (Walton, Victor) Modified docket text on 2/2/2021 (eh). |
| Filing 10 WAIVER OF SERVICE Returned Executed. Waiver sent to Jayson Pratt on 1/21/2021, answer due 3/22/2021. (Walton, Victor) |
| Filing 9 WAIVER OF SERVICE Returned Executed. Waiver sent to Cathy Heid on 1/21/2021, answer due 3/22/2021. (Walton, Victor) |
| Filing 8 WAIVER OF SERVICE Returned Executed. Waiver sent to Michael Boggs on 1/21/2021, answer due 3/22/2021. (Walton, Victor) |
| Filing 7 WAIVER OF SERVICE Returned Executed. Waiver sent to Douglas Cales on 1/21/2021, answer due 3/22/2021. (Walton, Victor) |
| Filing 6 WAIVER OF SERVICE Returned Executed. Waiver sent to Anew Behavioral Health LLC on 1/21/2021, answer due 3/22/2021. (Walton, Victor) |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to Anew Behavioral Health LLC on 1/21/2021, answer due 3/22/2021. (Walton, Victor) |
| Filing 4 Summons Issued as to Anew Behavioral Health LLC, Anew Behavioral Health LLC, Michael Boggs, Douglas Cales, Johnnie Matt Conn, Cathy Heid, Brianna Newsome, Jayson Pratt. (kl) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kl) |
| Filing 3 Corporate Disclosure Statement by Plaintiff Phoenix Group Home, LLC dba PATH Integrated Healthcare. (Walton, Victor) |
| Filing 2 Corporate Disclosure Statement by Plaintiff PATH Integrated Healthcare, LLC. (Walton, Victor) |
| Filing 1 COMPLAINT against Anew Behavioral Health LLC, Anew Behavioral Health LLC, Michael Boggs, Douglas Cales, Johnnie Matt Conn, Cathy Heid, Brianna Newsome, Jayson Pratt ( Filing fee $ 402 paid - receipt number: AOHSDC-7996220), filed by PATH Integrated Healthcare, LLC, Phoenix Group Home, LLC dba PATH Integrated Healthcare. (Attachments: #1 Exhibit 1 - Pratt Offer Letter, #2 Exhibit 2 - Heid Non-Solicitation Agreement, #3 Exhibit 3 - Heid Offer Letter, #4 Exhibit 4 - Conn Conf Agreement, #5 Exhibit 5 - Conn Offer Letter, #6 Exhibit 6 - Boggs Empl Agreement, #7 Exhibit 7 - Newsome Offer Letter, #8 Civil Cover Sheet, #9 Summons Form Anew Ohio, #10 Summons Form Anew New Hampshire, #11 Summons Form Conn, #12 Summons Form Newsome, #13 Summons Form Pratt, #14 Summons Form Boggs, #15 Summons Form Cales, #16 Summons Form Heid) (Walton, Victor) |
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