Bowen v. CIOX Health, LLC (TWP1)
| Bowen and Rita Bowen |
| CIOX Health, LLC (TWP1) and CIOX Health, LLC |
| 1:2016cv00365 |
| September 6, 2016 |
| US District Court for the Eastern District of Tennessee |
| Chattanooga Office |
| Hamilton |
| Thomas W Phillips |
| Christopher H Steger |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 41 STIPULATION of Dismissal Case by Rita Bowen. (Pinchak, Frank) |
Filing 40
ORDER granting in part and denying in part #27 Motion to Compel. Signed by Magistrate Judge Christopher H Steger on 8/18/2017. (BDG, )
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Filing 39
ORDER denying #29 Motion for Return of Certain Documents Claimed to be Privileged. By way of background, Defendant produced documents bates-stamped CIOX 416 to 423 in response to written discovery requests served upon it by Plaintiff. Defendant later utilized the procedures outlined in Fed. R. Civ. P. 26(b)(5)(B) to "claw back" these documents because they embraced matters protected by the attorney work product privilege and had been produced inadvertently. Pending before the Court is Plaintiff's motion to re-obtain and use these documents in discovery. The undersigned reviewed the parties memoranda in support of, and in opposition to, this motion. In addition, the parties were given an opportunity to present oral argument in a hearing on July 18, 2017. The Court finds that the documents bates-stamped CIOX 416 to 423 constitute attorney work product and are privileged; such documents were inadvertently produced by Plaintiff to Defendant; and Defendant properly utilized the procedures set forth in Fed. R. Civ. P. 26(b)(5)(B) to "claw back" these documents. For the foregoing reasons, Plaintiff's motion for return of these privileged documents [Doc. 29] is DENIED. Signed by Magistrate Judge Christopher H Steger on 7/18/17. (Steger, Christopher)
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| Filing 38 Minute Entry for proceedings held before Magistrate Judge Christopher H Steger: Motion Hearing held on 7/18/2017 re #29 MOTION for Return of Certain Documents Claimed to be Privileged filed by Rita Bowen, #27 MOTION to Compel filed by Rita Bowen. (Court Reporter Melissa Smith) (KFB, ) |
| Filing 37 REPLY to Response to Motion re #27 MOTION to Compel filed by Rita Bowen. (Pinchak, Frank) |
| Filing 36 RESPONSE in Opposition re #29 MOTION for Return of Certain Documents Claimed to be Privileged filed by CIOX Health, LLC. (Attachments: #1 Exhibit Declaration of Taylor, #2 Exhibit Affirmation of Amy Traub)(Bryant, Kenneth) |
| Filing 35 RESPONSE in Opposition re #27 MOTION to Compel filed by CIOX Health, LLC. (Attachments: #1 Exhibit Declaration of Shrestha Taylor, #2 Exhibit Affirmation of Amy Traub)(Bryant, Kenneth) |
| Filing 34 NOTICE of Hearing on Motion #27 MOTION to Compel , #29 MOTION for Return of Certain Documents Claimed to be Privileged : Motion Hearing set for 7/18/2017 02:00 PM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger. (BDG, ) |
| Filing 33 NOTICE of Hearing on Motion #27 MOTION to Compel , #29 MOTION for Return of Certain Documents Claimed to be Privileged : Motion Hearing set for 7/18/2017 02:00 PM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger. (KMG, ) |
| Filing 30 MEMORANDUM in Support of Motion re #29 MOTION for Return of Certain Documents Claimed to be Privileged filed by Rita Bowen. (Pinchak, Frank) |
| Filing 29 MOTION for Return of Certain Documents Claimed to be Privileged by Rita Bowen. (Attachments: #1 Exhibit Defendant Int and RFP answer)(Pinchak, Frank) |
| Filing 28 MEMORANDUM in Support of Motion re #27 MOTION to Compel filed by Rita Bowen. (Attachments: #1 Exhibit 1 (email dated 8/4/15 from Thomas to Bowen), #2 Exhibit 2 (Healthport letter dated 8/13/15 to Bowen), #3 Exhibit 3 (Healthport letter dated 5/9/11 to Bowen), #4 Exhibit 4 (Defendant's responses to interrogatories), #5 Exhibit 5 (email dated 5/1/15 from Thomas to Bowen), #6 Exhibit 6 (Defendant's amended responses to interrogatories), #7 Exhibit 7 (email dated 6/14/17 from Traub to Pinchak), #8 Exhibit 8 (Healthport incentive plan), #9 Exhibit 9 (email dated 6/8/17 from Traub to Pinchak), #10 Exhibit 10 (Defendant's responses to production of documents))(Pinchak, Frank) |
| Filing 27 MOTION to Compel by Rita Bowen. (Pinchak, Frank) |
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Filing 26
ORDER granting #25 Motion to Continue. Final Pretrial Conference reset for 4/30/2018 11:00 AM in Knoxville before District Judge Thomas W Phillips. Jury Trial reset for 5/22/2018 09:00 AM in Chattanooga before District Judge Thomas W Phillips. Signed by District Judge Thomas W Phillips on 6/21/17. (JBR)
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| Filing 25 Joint MOTION to Continue Dispositive Motion Deadline by CIOX Health, LLC. (Attachments: #1 Other Proposed Order)(Bryant, Kenneth) |
| Filing 24 ANSWER to #23 Amended Complaint by CIOX Health, LLC.(Bryant, Kenneth) |
| Filing 23 AMENDED COMPLAINT against CIOX Health, LLC., filed by Rita Bowen. (Attachments: #1 Exhibit A (8-13-15 commitment letter))(Pinchak, Frank) |
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Filing 22
ORDER granting [Doc. 19] Plaintiff's Motion to Amend Complaint. Upon Plaintiff's motion to amend the complaint [Doc. 19], and Defendant's notice of no opposition to the motion [Doc. 21], Plaintiff's motion to amend [Doc. 19] is hereby GRANTED. Plaintiff is directed to file her Amended Complaint with the Court. This entry is the complete order of the Court. There is no document attached to this entry. Signed by Magistrate Judge Christopher H Steger on 2/28/17. (Steger, Christopher)
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| Filing 21 RESPONSE to Motion re #19 MOTION to Amend/Revise #1 Notice of Removal, Complaint Notice of No Opposition to Plaintiff's Motion to Amend Complaint filed by CIOX Health, LLC. (Bryant, Kenneth) |
| Filing 20 NOTICE of Hearing on Motion #19 MOTION to Amend/Revise #1 Notice of Removal, Complaint : Motion Hearing set for 3/1/2017 02:00 PM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger. (KMG, ) |
| Filing 19 MOTION to Amend/Revise #1 Notice of Removal, Complaint by Rita Bowen. (Attachments: #1 Exhibit Proposed Amended Complaint)(Pinchak, Frank) |
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Filing 18
ORDER granting #17 Motion to Continue. Final Pretrial Conference set for 12/18/2017 11:00 AM in Knoxville before District Judge Thomas W Phillips. Jury Trial set for 1/9/2018 09:00 AM in Chattanooga before District Judge Thomas W Phillips. Signed by District Judge Thomas W Phillips on 1/17/17. (JBR)
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| Filing 17 Joint MOTION to Continue Dispositive Motion Deadline by CIOX Health, LLC. (Attachments: #1 Other proposed Agreed Order)(Bryant, Kenneth) |
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Filing 16
MEMORANDUM AND ORDER REGARDING SEALING CONFIDENTIAL INFORMATION. Signed by Magistrate Judge Christopher H Steger on 1/5/2017. (BDG, )
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| Filing 15 NOTICE OF NONCONSENT to Magistrate by CIOX Health, LLC (Bryant, Kenneth) |
| Filing 14 Administrative Notice to Counsel #13 Notice of Consent/Nonconsent :Document filed as a notice of non-consent,but has been signed incorrectly. Please correctand refile your Notice of Consent/ Non-consent form. requirements due by 11/7/2016. (BDG, ) |
| Filing 13 NOTICE OF NONCONSENT to Magistrate by CIOX Health, LLC (Bryant, Kenneth) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Bryant, Kenneth) |
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Filing 11
AMENDED SCHEDULING ORDER: Jury Trial set for 10/3/2017 at 9:00 AM in Chattanooga before District Judge Thomas W Phillips. Final Pretrial Conference set for 9/11/2017 at 11:00 AM in Knoxville before District Judge Thomas W Phillips. Signed by District Judge Thomas W Phillips on 9/26/16. (JBR)
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| Filing 10 DEMAND for Trial by Jury by Rita Bowen. (Pinchak, Frank) |
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Filing 9
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/RegistrationForm.php. Signed by Magistrate Judge Christopher H Steger on 9-20-16. (KMG, ) Modified on 9/20/2016 (BDG, ). Notified Traub via email.
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Filing 8
Order Governing Depositions. Signed by District Judge Thomas W Phillips on 9/19/16. (JBR)
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Filing 7
SCHEDULING ORDER: Bench Trial set for 10/3/2017 at 9:00 AM in Chattanooga before District Judge Thomas W Phillips. Final Pretrial Conference set for 9/11/2017 at 11:00 AM in Knoxville before District Judge Thomas W Phillips. Signed by District Judge Thomas W Phillips on 9/19/16. (JBR)
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| Filing 6 MOTION for Leave to Appear Pro Hac Vice for Attorney Amy Traub ( Filing fee $ 90 receipt number 0649-3210689.) by CIOX Health, LLC. (Bryant, Kenneth) |
| Clerk's Verification of PHV Requirements is complete regarding document: #6 MOTION for Leave to Appear Pro Hac Vice for Attorney Amy Traub ( Filing fee $ 90 receipt number 0649-3210689.) filed by CIOX Health, LLC as to CIOX Health, LLC (BDG, ) |
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Filing 5
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Thomas W Phillips on 9/13/2016. (Attachments: #1 Other Notice of Consent/Non-Consent) (BDG, )
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| Filing 4 ANSWER to Complaint (and Defenses) by CIOX Health, LLC.(Bryant, Kenneth) |
| Filing 3 Certificate of Corporate Interest by CIOX Health, LLC identifying Corporate Parent Smart Holdings Corp. for CIOX Health, LLC. (Bryant, Kenneth) |
| Filing 2 NOTICE of Deficiency (Pro Hac) for Attorney Amy Traub. (BDG, )Copy of Notice mailed to Attorney Amy Traub and served to co-counsel via ECF. |
| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by CIOX Health, LLC. (BDG, ) |
| District Judge Thomas W Phillips and Magistrate Judge Christopher H Steger added. (BDG, ) |
| Filing 1 NOTICE OF REMOVAL from Hamilton Co., TN Chancery Court, case number 16-0512. (Filing fee $ 400 receipt number 0649-3201706), filed by CIOX Health, LLC f/k/a Healthport Technologies, LLC. (Attachments: #1 Exhibit A- State Court Filings, #2 Other Civil Cover Sheet, #3 Other State Court Notice of Filing Notice of Removal)(Bryant, Kenneth) |
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