Millennium Health, LLC v. Barba et al
Plaintiff: Millennium Health, LLC
Defendant: Doe 1, Justin Monahan, Doe 5, Doe 4, Nepenthe Laboratory Services, LLC, Doe 3, Doe 2 and David Barba
Case Number: 3:2020cv02035
Filed: November 23, 2020
Court: US District Court for the District of Oregon
Presiding Judge: Marco A Hernandez
Nature of Suit: Contract: Other Contract Actions
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2021 Filing 32 Notice of Appearance of Charles J. Paternoster appearing on behalf of Millennium Health, LLC Filed by on behalf of Millennium Health, LLC. (Paternoster, Charles)
December 18, 2020 Opinion or Order Filing 31 ORDER: In light of the parties jointly proposed schedule on the pending motion for a preliminary injunction, Plaintiff's Motion to Expedite or Accelerate Discovery and to Preserve Evidence #5 is denied as moot. Ordered by Judge Marco A. Hernandez. (jp)
December 18, 2020 Opinion or Order Filing 30 Scheduling Order by Judge Marco A. Hernandez. Pursuant to the email correspondence exchanged with the Court, the Court adopts the parties proposed schedule as follows: December 23: Written responses to discovery requests January 8: Rolling document production to begin January 12: Document production complete January 19-29: Party depositions January 25: Deadline to identify witnesses for PI hearing Feb. 1-5: Third-party depositions. Briefing on the Preliminary Injunction is due February 15, 2020. The Preliminary Injunction Hearing is set for 2/26/2021 at 01:30PM in Portland by video conference before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp) Modified on 1/6/2021 to add deadline for PI briefing. NEF will be regenerated. (jp).
December 9, 2020 Filing 29 Proposed Joint Case Management Schedule Joint Proposed Schedule for Expedited Discovery and Briefing Concerning Millennium's Motion for Preliminary Injunction. Filed by Millennium Health, LLC. (McFarland, Helen)
December 4, 2020 Filing 28 MINUTES of Proceedings: Telephone Conference held regarding Plaintiff's Motion for Temporary Restraining Order #2 . The Court considered the four Winters factors and DENIED Plaintiff's motion. The parties shall provide the Court with a proposed schedule regarding the Preliminary Injunction briefing by 12/9/2020. Andrew T. Stark, Daniel P. Hart, and Katherine E. Perrelli present as counsel for plaintiff(s). David B. Robbins and Heidee Stroller present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp)
December 4, 2020 Filing 27 Reply to Motion for Temporary Restraining Order and Preliminary Injunction with Memorandum in Support #2 . Filed by Millennium Health, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (McFarland, Helen)
December 3, 2020 Filing 26 Notice re Response in Opposition to Motion,, (DOCUMENT FILED UNDER SEAL), #20 of Supplemental Authorities Filed by David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC. (Related document(s): Response in Opposition to Motion,, (DOCUMENT FILED UNDER SEAL), #20 .) (Robbins, David)
December 2, 2020 Opinion or Order Filing 25 Scheduling Order by Judge Marco A. Hernandez. Oral Argument on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction with Memorandum in Support #2 is set for 12/4/2020 at 11:30AM in Portland by telephone before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp)
December 2, 2020 Opinion or Order Filing 24 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding #22 Declaration (DOCUMENT FILED UNDER SEAL). A Clerical error has been discovered in the case record: Docket text was incorrect and indicated this declaration was by Brian Baumgartner. The following corrections were made to the record: The clerk has corrected the docket text to reflect that this declaration was by Justin Monahan. (eo)
December 2, 2020 Filing 23 Declaration of Brian Baumgartner in Support of Response in Opposition to Motion (#20 ). (DOCUMENT FILED UNDER SEAL). Filed by David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC. (eo)
December 2, 2020 Filing 22 Declaration of Justin Monahan in Support of Response in Opposition to Motion (#20 ). (DOCUMENT FILED UNDER SEAL). Filed by David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (eo) Modified docket text to indicate the declaration was from Justin Monahan on 12/2/2020. (eo)
December 2, 2020 Filing 21 Declaration of David Barba in Support of Response in Opposition to Motion (#20 ). (DOCUMENT FILED UNDER SEAL). Filed by David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (eo)
December 2, 2020 Filing 20 Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction with Memorandum in Support #2 . (DOCUMENT FILED UNDER SEAL). Filed by David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC. (eo)
December 1, 2020 Filing 17 Corporate Disclosure Statement of Nepenthe Laboratory Services LLC. Filed by Nepenthe Laboratory Services, LLC. (Robbins, David)
December 1, 2020 Filing 16 Notice of Appearance of Heidee Stoller appearing on behalf of David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC Filed by on behalf of David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC. (Stoller, Heidee)
December 1, 2020 Filing 15 Notice of Appearance of David B. Robbins appearing on behalf of David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC Filed by on behalf of David Barba, Justin Monahan, Nepenthe Laboratory Services, LLC. (Robbins, David)
December 1, 2020 Opinion or Order Filing 14 ORDER: Granting Motion to File Under Seal #13 . Ordered by Judge Marco A. Hernandez. (jp)
November 30, 2020 Filing 13 Unopposed Motion to Seal. Filed by Millennium Health, LLC. (McFarland, Helen)
November 24, 2020 Opinion or Order Filing 12 ORDER: Granting Katherine E. Perrelli's Motion for Leave to Appear Pro Hac Vice #9 ; Granting Andrew T. Stark's Motion for Leave to Appear Pro Hac Vice #10 ; and Granting Daniel P. Hart's Motion for Leave to Appear Pro Hac Vice #11 . Ordered by Judge Marco A. Hernandez. (jp)
November 24, 2020 NOTICE OF REGISTRATION REQUIREMENT. Katherine E. Perrelli is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice, #9 .) (sss)
November 24, 2020 NOTICE OF REGISTRATION REQUIREMENT. Andrew T. Stark is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice, #10 .) (sss)
November 24, 2020 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel P. Hart . Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7531952 #11 , Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew T. Stark . Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7531906 #10 , Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Katherine E. Perrelli. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7531809 #9 : 9,10, and 11 Reviewed and Ready for Ruling. (sss)
November 24, 2020 NOTICE OF REGISTRATION REQUIREMENT. Daniel P. Hart is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice, #11 .) (sss)
November 23, 2020 Filing 11 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel P. Hart. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7531952. Filed by Millennium Health, LLC. (McFarland, Helen)
November 23, 2020 Filing 10 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew T. Stark. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7531906. Filed by Millennium Health, LLC. (McFarland, Helen)
November 23, 2020 Filing 9 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Katherine E. Perrelli. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7531809. Filed by Millennium Health, LLC. (McFarland, Helen)
November 23, 2020 Filing 8 Summons Issued Electronically as to Nepenthe Laboratory Services, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
November 23, 2020 Filing 7 Summons Issued Electronically as to Justin Monahan. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
November 23, 2020 Filing 6 Summons Issued Electronically as to David Barba. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
November 23, 2020 Filing 5 Motion to Expedite or Accelerate Discovery and to Preserve Evidence. Oral Argument requested.Expedited Hearing requested. Filed by Millennium Health, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G [Proposed Order]) (McFarland, Helen)
November 23, 2020 Opinion or Order Filing 4 Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/23/2021. Joint Alternate Dispute Resolution Report is due by 4/22/2021. Pretrial Order is due by 4/22/2021. Ordered by Judge Marco A. Hernandez. (rs)
November 23, 2020 Filing 3 Corporate Disclosure Statement . Filed by MILLENNIUM HEALTH, LLC. (McFarland, Helen)
November 23, 2020 Filing 2 Motion for Temporary Restraining Order and Preliminary Injunction with Memorandum in Support. Oral Argument requested.Expedited Hearing requested. Filed by MILLENNIUM HEALTH, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 [Proposed Order]) (McFarland, Helen) (Additional attachment(s) added on 12/2/2020: #6 Unredacted Exhibit 1, #8 Unredacted Exhibit 2, #9 Unredacted Exhibit 3) (eo).
November 23, 2020 Filing 1 Verified Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7530959 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by MILLENNIUM HEALTH, LLC against All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Proposed Summons Barba, #6 Proposed Summons Monahan, #7 Proposed Summons Nepenthe). (McFarland, Helen)

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Defendant: Doe 1
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Defendant: Justin Monahan
Represented By: David B. Robbins
Represented By: Heidee Stoller
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Defendant: Doe 5
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Defendant: Doe 4
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Defendant: Nepenthe Laboratory Services, LLC
Represented By: David B. Robbins
Represented By: Heidee Stoller
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Defendant: Doe 3
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Defendant: Doe 2
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Defendant: David Barba
Represented By: David B. Robbins
Represented By: Heidee Stoller
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Plaintiff: Millennium Health, LLC
Represented By: Helen M. McFarland
Represented By: Andrew Theodore Stark
Represented By: Daniel P. Hart
Represented By: Katherine E. Perrelli
Represented By: Charles J. Paternoster
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