MKM Healthcare Solutions LLC et al v. Biotronik Incorporated
| MKM Healthcare Solutions LLC and Michael McCormick |
| Biotronik Incorporated |
| 3:2020cv01495 |
| August 31, 2020 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H Simon |
| Civil (RICO) Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 |
| Plaintiff |
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This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.
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| Filing 45 JUDGMENT:. IT IS ADJUDGED that this case is DISMISSED without prejudice. Signed on 10/8/20 by Judge Michael H. Simon. (sb) |
Filing 44
ORDER: Granting Motion to Dismiss #43 . The parties stipulated motion (ECF #43 ) is GRANTED. Plaintiffs are directed to resolvetheir claims raised in this case in arbitration before the Arbitration Service of Portland, Oregon. The issue of attorneys fees is expressly reserved. This case is dismissed without prejudice. Inlight of this Order, Defendants Motion to Compel Arbitration (ECF #20 ) is DENIED AS MOOT. Signed on 10/8/20 by Judge Michael H. Simon. (sb)
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| Filing 43 Stipulated Motion to Dismiss Action and Order Joint Arbitration Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Biotronik Incorporated. (Hanchett, Todd) |
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Filing 42
ORDER - The Parties' Stipulated Motion for Extension of Time to File Reply in Support of Motion to Compel Arbitration (ECF #41 ) is GRANTED. Reply is due by 10/7/2020. Ordered by Judge Michael H. Simon. (mja)
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| Filing 41 Stipulated Motion for Extension of Time to File a Response/Reply to #20 . Filed by Biotronik Incorporated. (Hanchett, Todd) |
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Filing 40
ORDER - Defendant's Unopposed Motion for Extension of Time to File Reply in Support of Motion to Compel Arbitration (ECF #20 ) is GRANTED. Reply is due by 9/30/2020. Ordered by Judge Michael H. Simon. (mja)
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| Filing 39 Unopposed Motion for Extension of Time to File a Response/Reply to #20 . Filed by Biotronik Incorporated. (Hanchett, Todd) |
| Filing 38 Notice of Appearance of Samantha K. Sondag appearing on behalf of Biotronik Incorporated Filed by on behalf of Biotronik Incorporated. (Sondag, Samantha) |
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Filing 37
ORDER - Defendant's Unopposed Motion for Extension of Time to Reply to Motion to Compel Arbitration (ECF #36 ) is GRANTED. Reply is due by 9/16/2020. Ordered by Judge Michael H. Simon. (mja)
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| Filing 36 Unopposed Motion for Extension of Time To File Reply In Support of Motion to Compel Arbitration. Filed by Biotronik Incorporated. (Hanchett, Todd) |
| Filing 35 Notice of Appearance of Todd A. Hanchett appearing on behalf of Biotronik Incorporated Filed by on behalf of Biotronik Incorporated. (Hanchett, Todd) |
| Filing 34 Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (eo) |
| Filing 33 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Arizona. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document Case Transferred In - District Transfer (#32 ). (eo) |
| Filing 32 Case transferred in from District of Arizona; Case Number 4:20-cv-00255. Electronic file received. |
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Filing 31
ORDERED Defendant's Motion to Transfer Venue to the United States District Court for the District of Oregon pursuant to 28 U.S.C. 1404 (Doc. #3 ) is GRANTED. Defendant's Motion to Strike Information Presented by Plaintiffs that they Agreed in Writing were 408 Communications (Doc. #11 ) is DENIED. The Clerk of Court is instructed to transfer this case to the U.S. District Court for the District of Oregon, Portland Division, and close this file. Signed by Senior Judge Cindy K Jorgenson on 8/28/20. (MYE) [Transferred from Arizona on 8/31/2020.]
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| Filing 30 *RESPONSE in Opposition to Motion to Vacate Case Management Conference and Stay Discovery Pending Disposition of Defendant's Motion to Compel Arbitration (Doc #21 ) by Plaintiffs MKM Healthcare Solutions LLC, Michael McCormick, Counter Defendants MKM Healthcare Solutions LLC, Michael McCormick. (Saffer, Jonathan) *Modified to correct reference to related document on 8/27/2020 (MYE). [Transferred from Arizona on 8/31/2020.] |
| Filing 29 RESPONSE in Opposition re: #20 MOTION to Compel Arbitration Defendant Biotronik, Inc.'s Motion to Compel Arbitration filed by MKM Healthcare Solutions LLC, Michael McCormick. (Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
| Filing 28 MINUTE ENTRY for Motion Hearing held August 25, 2020, before Senior Judge Cindy K. Jorgenson. A motion hearing is held regarding the defendant's Motion to Transfer Venue (Doc. #3 ). Counsel present arguments to the Court. The Court takes the matter UNDER ADVISEMENT. APPEARANCES: Isaac Crum and Jonathan Saffer (appearing telephonically) for the plaintiffs: MKM Healthcare Solutions LLC, et al. Also present telephonically is plaintiff, Michael McCormick. Coree Neumeyer and Lauren Stine (appearing telephonically) for the defendant: Biotronik Incorporated. Court reporter: Cheryl Cummings. Hearing held 11:32 a.m. to 12:13 p.m. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) Modified on August 26, 2020 to add telephonic appearance of the plaintiff, Michael McCormick. (SGF) [Transferred from Arizona on 8/31/2020.] |
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Filing 27
ORDER denying the parties' Joint Motion and Stipulation to Extend Deadline for Parties to File Joint Case Management Plan (Doc. #24 ). Signed by Senior Judge Cindy K Jorgenson on 8/18/20. (MYE) [Transferred from Arizona on 8/31/2020.]
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Filing 26
ORDERED Defendant's Motion to Vacate Case Management Conference and Stay Discovery Pending Disposition of Defendant's Motion to Compel Arbitration (Doc. #21 ) is GRANTED IN PART AND DENIED IN PART. All discovery in this case is STAYED until the resolution of Defendant's Motion to Transfer Venue (Doc. #3 ). Plaintiffs' Motion for Leave to File Sur-Reply (Doc. #13 ) is DENIED. The Case Management Conference scheduled for August 25, 2020, at 11:00 A.M. is HEREBY CONVERTED into oral arguments on Defendant's Motion to Transfer Venue (Doc. 3). The call-in instructions for oral arguments remain as outlined in the Order Setting Rule 16 Case Management Conference (Doc. 17). Signed by Senior Judge Cindy K Jorgenson on 8/17/20. (See attached Order for complete details.) (MYE) [Transferred from Arizona on 8/31/2020.]
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| Filing 25 RESPONSE TO PLAINTIFF'S OBJECTION TO REQUEST FOR EXPEDITED CONSIDERATION by Defendant Biotronik Incorporated. (Stine, Lauren) [Transferred from Arizona on 8/31/2020.] |
| Filing 24 STIPULATION AND JOINT MOTION TO EXTEND DEADLINE FOR PARTIES TO FILE JOINT CASE MANAGEMENT PLAN (FIRST REQUEST) by Biotronik Incorporated. (Attachments: #1 Text of Proposed Order)(Stine, Lauren) [Transferred from Arizona on 8/31/2020.] |
| Filing 23 RESPONSE in Opposition re: #21 MOTION to Vacate Case Management Conference and Stay Discovery Pending Disposition of Defendant's Motion to Compel Arbitration MOTION to Stay filed by MKM Healthcare Solutions LLC, Michael McCormick. (Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
| Filing 22 NOTICE re: Lodging Proposed Orders by Biotronik Incorporated re: #21 MOTION to Vacate Case Management Conference and Stay Discovery Pending Disposition of Defendant's Motion to Compel Arbitration, #20 MOTION to Compel Arbitration Defendant Biotronik, Inc.'s Motion to Compel Arbitration . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Stine, Lauren) [Transferred from Arizona on 8/31/2020.] |
| Filing 21 *MOTION to Vacate Case Management Conference and MOTION to Stay Discovery Pending Disposition of Defendant's Motion to Compel Arbitration by Biotronik Incorporated. (Attachments: #1 Exhibit Exhibit A)(Stine, Lauren). *Modified to add motion type on 8/13/2020 (MYE). [Transferred from Arizona on 8/31/2020.] |
| Filing 20 MOTION to Compel Arbitration Defendant Biotronik, Inc.'s Motion to Compel Arbitration by Biotronik Incorporated. (Stine, Lauren) [Transferred from Arizona on 8/31/2020.] |
| Filing 19 NOTICE of Service of Discovery filed by MKM Healthcare Solutions LLC, Michael McCormick. (Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
| Filing 18 NOTICE of Attorney Substitution by Coree Elizabeth Neumeyer. (Neumeyer, Coree) [Transferred from Arizona on 8/31/2020.] |
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Filing 17
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: A Case Management Conference is set for August 25, 2020, at 11:00 a.m., before the Honorable Cindy K. Jorgenson. The conference will be held telephonically. The parties are directed to Federal Rule of Civil Procedure 16 for the objectives of the conference. The parties are directed to confer at least 21 days before the conference, in accordance with Federal Rule of Civil Procedure 26(f). IT IS FURTHER ORDERED Counsel shall file with the Court, on or before August 18, 2020, a Joint Report reflecting the results of their meeting and outlining the discovery plan. Signed by Senior Judge Cindy K Jorgenson on 7/30/20. (MYE) [Transferred from Arizona on 8/31/2020.]
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| Filing 16 NOTICE re: Voluntary Dismissal of Counterclaim by Biotronik Incorporated . (Quincy, Stephanie) [Transferred from Arizona on 8/31/2020.] |
| Filing 15 RESPONSE to Motion re: #13 MOTION for Leave to File Sur Reply filed by Biotronik Incorporated. (Quincy, Stephanie) [Transferred from Arizona on 8/31/2020.] |
| Filing 14 LODGED Proposed Sur-Reply to Motion to Transfer and Opposition to Incorporated Motion to Strike re: #13 MOTION for Leave to File Sur Reply . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by MKM Healthcare Solutions LLC, Michael McCormick. (Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
| Filing 13 MOTION for Leave to File Sur Reply by MKM Healthcare Solutions LLC, Michael McCormick. (Attachments: #1 Exhibit Sur Reply, #2 Text of Proposed Order Proposed Order)(Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
| Filing 12 *MOTION to Dismiss (COUNTERCLAIM OR, ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT) for Failure to State a Claim by MKM Healthcare Solutions LLC, Michael McCormick. (Crum, Isaac) *Modified docket text to reflect document title on 7/14/2020 (MYE). [Transferred from Arizona on 8/31/2020.] |
| Filing 11 *REPLY to Response to Motion re: #3 MOTION to Change Venue/Transfer Case to The United States District Court for the District of Oregon and MOTION to Strike Information Presented by Plaintiffs That They Agreed in Writing Were 408 Communications filed by Biotronik Incorporated. (Quincy, Stephanie) *Modified to add motion type on 7/14/2020 (MYE). [Transferred from Arizona on 8/31/2020.] |
| Filing 10 Corporate Disclosure Statement by MKM Healthcare Solutions LLC. (Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
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Filing 9
ORDER granting #8 Motion for Extension of Time to File Response/Reply. IT IS HEREBY ORDERED the deadline for Defendant to file its reply in support of motion to transfer venue shall be extended until July 13, 2020. The deadline for Plaintiffs to file their response to Defendant's answer and counterclaim shall be extended until July 13, 2020. Signed by Senior Judge Cindy K Jorgenson on 7/7/20. (MYE) [Transferred from Arizona on 8/31/2020.]
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| Filing 8 Joint MOTION for Extension of Time to File Response/Reply Stipulated Motion to Extend Deadline to File Reply in Support of Motion to Transfer Venue and File Response to Answer and Counterclaim by Biotronik Incorporated. (Attachments: #1 Text of Proposed Order)(Quincy, Stephanie) [Transferred from Arizona on 8/31/2020.] |
| Filing 7 Corporate Disclosure Statement by Biotronik Incorporated. (Quincy, Stephanie) [Transferred from Arizona on 8/31/2020.] |
| Filing 6 RESPONSE in Opposition re: #3 MOTION to Change Venue/Transfer Case to The United States District Court for the District of Oregon filed by MKM Healthcare Solutions LLC, Michael McCormick. (Attachments: #1 Exhibit Exhibit 1)(Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
| Filing 5 PLAINTIFF'S DEMAND for Jury Trial by MKM Healthcare Solutions LLC, Michael McCormick. (Saffer, Jonathan) [Transferred from Arizona on 8/31/2020.] |
| Filing 4 ANSWER to Complaint , COUNTERCLAIM against MKM Healthcare Solutions LLC, Michael McCormick by Biotronik Incorporated.(Quincy, Stephanie) [Transferred from Arizona on 8/31/2020.] |
| Filing 3 MOTION to Change Venue/Transfer Case to The United States District Court for the District of Oregon by Biotronik Incorporated. (Attachments: #1 Text of Proposed Order)(Quincy, Stephanie) [Transferred from Arizona on 8/31/2020.] |
| Filing 2 Filing fee paid, receipt number 0970-18378258. This case has been assigned to the Honorable Cindy K Jorgenson. All future pleadings or documents should bear the correct case number: CV-20-255-TUC-CKJ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) [Transferred from Arizona on 8/31/2020.] |
| Filing 1 NOTICE OF REMOVAL from Pima County Superior Court, case number CV20202156. Filing fee received: $ 400.00, receipt number 0970-18378258 filed by Biotronik Incorporated. (Quincy, Stephanie) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3a1, #6 Exhibit 3a2, #7 Exhibit 3b1, #8 Exhibit 3b2, #9 Exhibit 3c)(DLC) [Transferred from Arizona on 8/31/2020.] |
| ***STATE COURT RECORD RECEIVED*** SERVICE EXECUTED : Affidavit of Service re: Summons, Complaint, Rule102(A) Fastar Certificate, Notice of Verification of Complaint upon Biotronik Incorporated on 5/22/2020. (Original file in Pima County Superior Court on 5/26/2020). (DLC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from Arizona on 8/31/2020.] |
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