Tyner v. Hi Q Inc
| Tara Armado and Maki Tyner |
| Health IQ Insurance Services Inc and Hi Q Inc doing business as Health IQ Inc |
| 5:2021cv00608 |
| June 14, 2021 |
| US District Court for the Western District of Oklahoma |
| Stephen P Friot |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 66
NOTICE OF BANKRUPTCY by Hi Q Inc and Suggestion of Stay (Attachments: #1 Exhibit A)(Rosenthal, Paul)
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Filing 65
ORDER denying #62 Defendant's Motion for Protective Order to Stay 30(b)(6) Deposition. Signed by Judge Stephen P. Friot on 3/13/2023. (llg)
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Filing 64
RESPONSE in Opposition re #62 MOTION for Protective Order to Stay 30(b)(6) Deposition and Memorandum of Law in Support filed by Maki Tyner(individually). (Attachments: #1 Exhibit 1 - Emails Between Counsel, #2 Exhibit 2 - Service of Court Document, #3 Exhibit 3 - Notice of Deposition of Defendant, #4 Exhibit 4 - Emails Between Counsel, #5 Exhibit 5 - Certificate of Non-Appearance, #6 Exhibit 6 - Non-Party Enfuego Holdings, LLCs Objections and Responses to Plaintiffs Duces Tecum)(Hiraldo, Ignacio)
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Filing 63
ORDER denying #58 Defendant HI.Q, Inc.'s Motion for Leave to File a Third-Party Complaint. Signed by Judge Stephen P. Friot on 2/27/2023. (llg)
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Filing 62
MOTION for Protective Order to Stay 30(b)(6) Deposition and Memorandum of Law in Support by Hi Q Inc. (Attachments: #1 Exhibit 1 - January 23, 2023 letter from Health IQ, #2 Exhibit 2 - January 23, 2023 emails between Health IQ and Plaintiff, #3 Exhibit 3 - Janaury 31, 2023 Enfuego Subpoena, #4 Exhibit 4 - Notice of Deposition to Health IQ for March 1, 2023)(Rosenthal, Paul)
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Filing 61
REPLY to Response to Motion re #58 MOTION for Leave to File a Third-Party Complaint and Brief In Support filed by Hi Q Inc. (Rosenthal, Paul)
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Filing 60
RESPONSE in Opposition re #58 MOTION for Leave to File a Third-Party Complaint and Brief In Support filed by Maki Tyner(individually). (Attachments: #1 Exhibit 1 - Emails Between Counsel Attaching Enfuego Responses to Plaintiffs Subpoena, #2 Exhibit 2 - Non-Party Enfuego Holdings, 2 LLCs Objections and Responses to Plaintiffs Subpoena Duces Tecum, #3 Exhibit 3 - Emails Between Counsel Attaching Reward Zone Responses to Plaintiffs Subpoena, #4 Exhibit 4 - Joint Status Report, Taylor v. Hi.Q, Inc., #5 Exhibit 5 - Service of Court Documents Attaching Notice of Intent to Subpoena Enfuego and Subpoena to Enfuego, #6 Exhibit 6 - Return of Service on Enfuego)(Hiraldo, Ignacio)
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Filing 59
(STRICKEN by 2/7/2023 Notice from the Court) RESPONSE in Opposition re #58 MOTION for Leave to File a Third-Party Complaint and Brief In Support filed by Maki Tyner(individually). (Attachments: #1 Exhibit A - Emails Between Counsel Attaching Enfuego Responses to Plaintiffs Subpoena, #2 Exhibit B - Non-Party Enfuego Holdings, LLCs Objections and Responses to Plaintiffs Subpoena Duces Tecum, #3 Exhibit C - Emails Between Counsel Attaching Reward Zone Responses to Plaintiffs Subpoena, #4 Exhibit D - Joint Status Report, Taylor v. Hi.Q, Inc., #5 Exhibit E - Service of Court Documents Attaching Notice of Intent to Subpoena Enfuego and Subpoena to Enfuego, #6 Exhibit F - Return of Service on Enfuego)(Hiraldo, Ignacio) Modified on 2/7/2023 (llg).
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NOTICE from the Court STRIKING #59 Plaintiff's Reply [Response] to Defendant's Motion for Leave to File a Third-Party Complaint, for failure to comply with the court's ECF Policies & Procedures Manual, Section II.A.4.a. - "Exhibits... shall be clearly labeled with the appropriate exhibit number.... Do not use alphabetical or alpha-numeric designations for exhibits...." Counsel for plaintiff is DIRECTED to refile the Response, correctly naming it as a "Response" and correcting the above deficiencies. (llg)
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Filing 58
MOTION for Leave to File a Third-Party Complaint and Brief In Support by Health IQ Insurance Services Inc, Hi Q Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rosenthal, Paul)
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NOTICE from the Court re #58 Defendant's MOTION for Leave to File a Third-Party Complaint and Brief In Support. Counsel for defendant is DIRECTED, in future filings, to comply with the court's ECF Policies & Procedures Manual, Section II.A.4.a. - "... A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Failure to comply in the future WILL result in filings being stricken. (llg)
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Filing 57
SCHEDULING ORDER: Dft to file any mtn for leave to file a third-party complaint by 1/18/2023; Pla expert witness list and expert reports due 9/20/2023; Dft expert witness list and expert reports due 10/10/2023; Pla witness list due 10/10/2023; Dft witness list due 10/24/2023; Pla exhibit list due 10/10/2023; Dft exhibit list due 10/24/2023; Class certification, dispositive & Daubert motions due 11/1/2023; Discovery due 1/15/2024; Motions in limine due 1/23/2024; Jury instructions & verdict forms due 1/23/2024; Voir dire requests due 1/23/2024; Trial briefs due 1/23/2024; Pretrial Report due 1/23/2024; Objection/responses to pretrial filings due 2/6/2024; Jury Trial set for 2/13/2024 09:30 AM in Courtroom 401 before Judge Stephen P. Friot. The courtroom deputy will check with the parties in approximately 6 mos to see if all parties are receptive to court-ordered mediation. Entered at the direction of Judge Stephen P. Friot on 1/6/2023. (llg)
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Filing 56
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Maki Tyner. (Hiraldo, Ignacio)
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Filing 55
TELEPHONIC STATUS/SCHEDULING CONFERENCE DOCKET: Telephonic Scheduling Conference set for 1/6/2023 09:00 AM before Judge Stephen P. Friot. Status Report due by 1/4/2023. (llg)
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Filing 54
ORDER denying #31 Defendant Health IQ's Motion for Summary Judgment. This matter shall be set for a status and scheduling conference regarding the putative class claims. Signed by Judge Stephen P. Friot on 12/7/2022. (llg)
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Filing 53
ORDER re #52 Joint Notice as to Proper Identity of Defendant. The court DEEMS #14 First Amended Class Action Complaint amended to reflect dft as Hi.Q, Inc. d/b/a Health IQ, Inc. The court clerk shall show Hi.Q, Inc. d/b/a Health IQ, Inc. as dft in her records. Signed by Judge Stephen P. Friot on 11/21/2022. (llg)
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Filing 52
NOTICE (other) by Maki Tyner(individually) re #51 Order, Joint Notice as to Proper Identity of Defendant (Hiraldo, Ignacio)
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Filing 51
ORDER. For clarity of the record, the court DIRECTS the parties to confer & file, within 10 business days, a joint notice as to the proper identity of dft for purposes of this action (for the reasons fully set out in this order). Unless otherwise notified, the court will deem the First Amended Class Action amended to reflect dft as the entity identified by the parties in the joint notice. Signed by Judge Stephen P. Friot on 11/17/2022. (llg)
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Filing 50
SEALED REPLY by Health IQ Insurance Services Inc (Rosenthal, Paul)
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Filing 49
ENTER ORDER re #40 Reply filed by Health IQ Insurance Services Inc. To date, dft has not filed under seal the unredacted version of its reply memorandum and Exhibit 1. Dft is DIRECTED to file under seal, within 5 business days, the unredacted version of its reply memorandum and Exhibit 1. Entered at the direction of Judge Stephen P. Friot on 11/16/2022. (llg)
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Filing 48
SEALED REPLY by Maki Tyner(individually) Re: #40 Reply, (Hiraldo, Ignacio)
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Filing 47
SURREPLY re #40 Reply, Redacted filed by Maki Tyner(individually). (Hiraldo, Ignacio)
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Filing 46
ORDER granting #44 , #45 Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendant's Motion for Summary Judgment. Plf shall file, within 5 business days, her Sur-Reply in Opposition to Defendant's Motion for Summary Judgment, attached as Exhibit 1 to her Motion. Signed by Judge Stephen P. Friot on 11/3/2022. (llg)
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Filing 45
SEALED MOTION by Maki Tyner(individually) Re: #44 MOTION for Leave to File Sur-Reply Redacted (Hiraldo, Ignacio)
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Filing 44
MOTION for Leave to File Sur-Reply Redacted by Maki Tyner(individually). (Attachments: #1 Exhibit 1 - Proposed Sur-Reply Redacted, #2 Exhibit 2 - Proposed Order)(Hiraldo, Ignacio)
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Filing 43
ORDER granting #42 Plaintiff's Motion for Order to File Under Seal. Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendant's Motion for Summary Judgment and Plaintiff's Proposed Sur-Reply shall be filed under seal and a redacted version of the Motion for Leave and Proposed Sur-Reply shall be filed of record. Signed by Judge Stephen P. Friot on 11/2/2022. (llg)
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Filing 42
MOTION to Seal Motion for Leave to File Sur-Reply and Proposed Sur-Reply by Maki Tyner(individually). (Attachments: #1 Exhibit Proposed Order)(Hiraldo, Ignacio)
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Filing 41
ORDER granting #38 Defendant's MOTION to File an Exhibit Under Seal. Signed by Judge Stephen P. Friot on 10/25/2022. (llg)
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Filing 40
REPLY by Defendant Health IQ Insurance Services Inc In Support of #31 Defendant's Motion for Summary Judgment filed by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit 1 - Statement of Facts)(Rosenthal, Paul) Modified on 10/25/2022 (llg).
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Filing 39
(STRICKEN by 10/24/2022 Notice from the Court) REPLY by Defendant Health IQ Insurance Services Inc re #31 MOTION for Summary Judgment and Memorandum of Law in Support filed by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit 1 - Statement of Facts)(Rosenthal, Paul) Modified on 10/24/2022 (llg).
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Filing 38
MOTION to Seal Document Exhibit by Hi Q Inc. (Rosenthal, Paul)
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NOTICE from the Court STRIKING #39 Defendant's Reply Memorandum of Law in Further Support of Its Motion for Summary Judgment, for failure to comply with LCvR7.1(d) - "For all pleadings, motions, and briefs the print style, including footnotes, shall not be less than 13-point type...." Defendant is DIRECTED to refile the Reply Memorandum in compliance with LCvR7.1(d). (llg)
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Filing 37
SEALED RESPONSE by Maki Tyner(individually) Re: #36 Response in Opposition to Motion, (Hiraldo, Ignacio)
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Filing 36
RESPONSE in Opposition re #31 MOTION for Summary Judgment and Memorandum of Law in Support Redacted filed by Maki Tyner(individually). (Attachments: #1 Exhibit 1 - Declaration of Jeffrey Richard, Authorized Custodian of Reward Zone USA LLC (Richard Dec.) Filed Under Seal, #2 Exhibit 2 - HIQ-TYNER-00000368 Filed Under Seal, #3 Exhibit 3 - TYNER000014)(Hiraldo, Ignacio)
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Filing 35
ORDER granting #34 Plaintiff's MOTION for Order to File Exhibits Under Seal. Signed by Judge Stephen P. Friot on 9/15/2022. (llg)
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Filing 34
MOTION to Seal Document Exhibits by Maki Tyner(individually). (Attachments: #1 Exhibit - Proposed Order)(Hiraldo, Ignacio)
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NOTICE from the Court re #31 MOTION for Summary Judgment and Memorandum of Law in Support, #33 SEALED EXHIBITS by Health IQ Insurance Services Inc. Counsel for defendant is DIRECTED, in future filings, to comply with the court's ECF Policies & Procedures Manual, Section II.A.4.a. - "Exhibits... shall be clearly labeled with the appropriate exhibit number.... Do not use alphabetical or alpha-numeric designations for exhibits...." Failure to comply in the future may result in filings being stricken. (llg)
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Filing 33
SEALED MOTION FOR SUMMARY JUDGMENT AND EXHIBITS by Health IQ Insurance Services Inc Re: #32 Order on Motion to Seal Document, #31 MOTION for Summary Judgment and Memorandum of Law in Support (Rosenthal, Paul) Modified on 8/25/2022 (llg). Modified on 11/16/2022 (llg).
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Filing 32
ORDER granting #30 Defendant's MOTION for Order to File Exhibits Under Seal. Signed by Judge Stephen P. Friot on 8/24/2022. (llg)
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Filing 31
MOTION for Summary Judgment and Memorandum of Law in Support by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit A - Response to Interrogatories, #2 Exhibit B - Health IQ Telemarketing Policies, #3 Exhibit C - 2021 Telemarketing Compliance Training, #4 Exhibit D - Assessment, #5 Exhibit E - 6-7-22 Stipulated Facts, #6 Exhibit F - TCPA Report, #7 Exhibit G - Web Form, #8 Exhibit H - Plff Response to Interrogatories, #9 Exhibit J - Cege-Health IQ Agreement, #10 Exhibit K - Responses to RFAs)(Rosenthal, Paul)
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Filing 30
MOTION to Seal Document Exhibits by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit Proposed Order)(Rosenthal, Paul)
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Filing 29
ENTRY of Appearance by Michael L Eisenband on behalf of Maki Tyner(individually), Maki Tyner(on behalf of all others similarly situated) (Eisenband, Michael)
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Filing 28
AMENDED SCHEDULING ORDER granting #27 Defendant's Unopposed Motion for Extension of the Scheduling Order (as fully set out in the order). Signed by Judge Stephen P. Friot on 3/31/2022. (llg)
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Filing 27
UNOPPOSED MOTION for Extension of Time of the Scheduling Order by Health IQ Insurance Services Inc. (Attachments: #1 Proposed Order)(Rosenthal, Paul)
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Filing 26
STIPULATED PROTECTIVE ORDER. Signed by Judge Stephen P. Friot on 2/16/2022. (llg)
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Filing 25
UNOPPOSED MOTION for Protective Order and Supporting Brief by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit Exhibit 1 - Proposed Stipulated Protective Order)(Banner, Mark)
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Filing 24
SCHEDULING ORDER (as fully set out in this order). Signed by Judge Stephen P. Friot on 1/18/2022. (llg) (Main Document 24 replaced on 1/18/2022) (llg).
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Filing 23
ENTER ORDER. Status/scheduling conference held on 1/7/2022. Court grants dft's request for bifurcation. Not later than 1/18/2022, the parties are DIRECTED to submit, via email to the judge's orders inbox, a proposed scheduling order including bifurcation. If the parties are unable to agree on a proposed scheduling order, they shall submit, not later than 1/18/2022, their respective proposed scheduling orders. Entered at the direction of Judge Stephen P. Friot on 1/7/2022. (llg)
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Filing 22
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Maki Tyner. (Hiraldo, Ignacio)
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Filing 21
TELEPHONIC STATUS/SCHEDULING CONFERENCE DOCKET: Telephonic Scheduling Conference set for 1/7/2022 02:00 PM before Judge Stephen P. Friot. Status Report due by 1/4/2022. (llg)
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Filing 20
ANSWER to Complaint (First Amended) by Health IQ Insurance Services Inc.(Banner, Mark)
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Filing 19
ORDER granting #16 Defendant Health IQ Insurance Services, Inc.'s "Motion to Dismiss Plaintiffs First Amended Complaint." The claims of plf, Tara Armado, against dft alleged in the First Amended Class Action Complaint are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction pursuant to Rule 12(b)(2), Fed. R. Civ. P. Signed by Judge Stephen P. Friot on 11/1/2021. (llg)
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Filing 18
REPLY to Response to Motion re #16 MOTION to Dismiss for Lack of Jurisdiction filed by Health IQ Insurance Services Inc. (Banner, Mark)
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Filing 17
RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Hiraldo, Ignacio)
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Filing 16
MOTION to Dismiss for Lack of Jurisdiction by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit Declaration of Gaurav Suri)(Banner, Mark)
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Filing 15
ORDER denying as moot #8 Defendant Health IQ Insurance Services, Inc.'s Motion to Dismiss Plaintiffs' Complaint. Signed by Honorable Stephen P. Friot on 9/9/2021. (llg)
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Filing 14
AMENDED COMPLAINT against Hi Q Inc filed by Maki Tyner(individually), Maki Tyner(on behalf of all others similarly situated), Tara Armado(on behalf of all others similarly situated), Tara Armado(individually).(Hiraldo, Ignacio) Modified on 9/9/2021 (llg).
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Filing 13
DISCLOSURE STATEMENT - CORPORATE by Health IQ Insurance Services Inc . (Banner, Mark)
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Filing 12
ENTRY of Appearance by Paul A. Rosenthal on behalf of Health IQ Insurance Services Inc (Rosenthal, Paul)
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Filing 11
ORDER granting #10 Motion to Appear Pro Hac Vice (as fully set out in this order). Signed by Honorable Stephen P. Friot on 8/30/2021. (llg)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice (Paul Rosenthal) Filing fee $ 50, receipt number AOKWDC-3750469 by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit Exhibit 1 - Request for Admission)(Banner, Mark)
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Filing 9
ENTER ORDER striking 9/7/2021 status/scheduling conference & 9/1/2021 ddl for joint status report, to be reset. Entered at the direction of Honorable Stephen P. Friot on 8/19/2021. (llg)
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Filing 8
MOTION to Dismiss for Lack of Jurisdiction by Health IQ Insurance Services Inc. (Attachments: #1 Exhibit 1 - Declaration of Gaurav Suri)(Banner, Mark)
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Filing 7
ENTRY of Appearance by Aaron C Tifft on behalf of Health IQ Insurance Services Inc (Tifft, Aaron)
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Filing 6
ENTRY of Appearance by Mark Banner on behalf of Health IQ Insurance Services Inc (Banner, Mark)
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Filing 5
TELEPHONIC STATUS/SCHEDULING CONFERENCE DOCKET: Telephonic Scheduling Conference set for 9/7/2021 09:00 AM before Honorable Stephen P. Friot. Status Report due by 9/1/2021. (llg)
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Filing 4
SUMMONS Returned Executed by Maki Tyner(individually), Tara Armado(on behalf of all others similarly situated). Health IQ Insurance Services Inc served on 6/15/2021. (Hiraldo, Ignacio)
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Filing 3
ENTRY of Appearance by Manuel S Hiraldo on behalf of All Plaintiffs (Hiraldo, Manuel)
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Filing 2
Summons Issued Electronically as to Health IQ Insurance Services Inc. (dtb)
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Filing 1
COMPLAINT against Health IQ Insurance Services Inc filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(dtb)
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