Abira Medical Laboratories, LLC v. BlueCross BlueShield of Tennessee, Inc. et al
Plaintiff: Abira Medical Laboratories, LLC d/b/a Genesis Diagnostics
Defendant: BlueCare Tennessee, BlueCross BlueShield of Tennessee, Inc., ABC Companies 1-100 and John Does (1-100)
Case Number: 1:2024cv00329
Filed: October 1, 2024
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Travis R McDonough
Referring Judge: Christopher H Steger
Nature of Suit: Contract: Other
Cause of Action: 12 U.S.C. § 635 Breach of Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2024 Filing 33 Case transferred in from District of New Jersey; Case Number 3:23-cv-23193.
September 30, 2024 Opinion or Order Filing 32 ORDER AND JUDGMENT that Defendant's #20 Motion to Dismiss is GRANTED in part and DENIED in part. The Court finds that it lacks personal jurisdiction over Defendants, and the Clerk of Court is directed to TRANSFER this case to United States District Court for the Eastern District of Tennessee. The Clerk is directed to CLOSE this case. Signed by Judge Georgette Castner on 9/30/2024. (kht) [Transferred from New Jersey on 10/1/2024.]
September 30, 2024 Filing 31 OPINION filed. Signed by Judge Georgette Castner on 9/30/2024. (kht) [Transferred from New Jersey on 10/1/2024.]
September 30, 2024 ***Civil Case Terminated. (kht) [Transferred from New Jersey on 10/1/2024.]
September 25, 2024 Opinion or Order Filing 30 LETTER ORDER Granting #29 Defendants' request to remove ECF No. 26 from the case docket. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/25/2024. (amv) [Transferred from New Jersey on 10/1/2024.]
September 11, 2024 Filing 29 Letter re 26 Notice of Pro Hac Vice to Receive NEF. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
September 11, 2024 CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Electronic Notification of Pro Hac Vice Counsel 26 submitted by KEVIN SMALL on 9/10/24 cannot be processed until pro hac counsel has been admitted and the application fee paid. Please review the Electronic Notification for Pro Hac Vice instructions on our website. Counsel is advised to resubmit the Request for Electronic Notification of Pro Hac Vice Counsel once payment has been recorded. This message is for informational purposes only. (amv) [Transferred from New Jersey on 10/1/2024.]
September 10, 2024 Filing 28 Notice of Request by Pro Hac Vice John B. Shely to receive Notices of Electronic Filings. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
September 10, 2024 Filing 27 Notice of Request by Pro Hac Vice Courtney B. Glaser to receive Notices of Electronic Filings. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
September 10, 2024 Filing 26 WITHDRAWN - Notice of Request by Pro Hac Vice Bridget Vick to receive Notices of Electronic Filings. (SMALL, KEVIN) Modified on 9/25/2024 (amv). [Transferred from New Jersey on 10/1/2024.]
May 13, 2024 Filing 25 REPLY BRIEF to Opposition to Motion filed by BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC. re #20 MOTION to Dismiss Plaintiff's Complaint (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
April 26, 2024 Opinion or Order Filing 24 LETTER ORDER granting Defendant's request for a one-cycle adjournment until 5/20/2024 of the #20 Motion to Dismiss. Signed by Judge Georgette Castner on 4/26/2024. (jmh) [Transferred from New Jersey on 10/1/2024.]
April 26, 2024 Reset Deadline as to #20 MOTION to Dismiss Plaintiff's Complaint. Motion reset for 5/20/2024 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jmh) [Transferred from New Jersey on 10/1/2024.]
April 23, 2024 Filing 23 Letter from Kevin V. Small requesting adjournment re #20 MOTION to Dismiss Plaintiff's Complaint. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
April 22, 2024 Filing 22 BRIEF in Opposition filed by ABIRA MEDICAL LABORATORIES, LLC re #20 MOTION to Dismiss Plaintiff's Complaint (Attachments: #1 Certification Certification with exhibit)(ELLINGTON, AFIYFA) [Transferred from New Jersey on 10/1/2024.]
April 2, 2024 Reset Deadlines as to #20 MOTION to Dismiss Plaintiff's Complaint. Motion set for 5/6/2024 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) [Transferred from New Jersey on 10/1/2024.]
April 1, 2024 Filing 21 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by ABIRA MEDICAL LABORATORIES, LLC re #20 MOTION to Dismiss Plaintiff's Complaint (ELLINGTON, AFIYFA) [Transferred from New Jersey on 10/1/2024.]
March 15, 2024 Filing 20 MOTION to Dismiss Plaintiff's Complaint by BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC.. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
March 15, 2024 Set Deadlines as to #20 MOTION to Dismiss Plaintiff's Complaint. Motion set for 4/15/2024 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) [Transferred from New Jersey on 10/1/2024.]
March 11, 2024 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File. Defendants' Motion to Dismiss Plaintiffs Complaint shall be filed by 3/15/2024. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/11/2024. (jdg) [Transferred from New Jersey on 10/1/2024.]
March 8, 2024 Set Deadlines as to #18 MOTION for Extension of Time to File Motion to Dismiss Plaintiff's Complaint. Motion set for 4/1/2024 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh) [Transferred from New Jersey on 10/1/2024.]
March 7, 2024 Filing 18 MOTION for Extension of Time to File Motion to Dismiss Plaintiff's Complaint by BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC.. (Attachments: #1 Text of Proposed Order)(SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
February 13, 2024 Opinion or Order Filing 17 TEXT ORDER: The Court is in receipt of the parties' pre-motion letters (ECF Nos. #13 , #16 ). The Court hereby waives the pre-motion conference and instructs Defendants to proceed with filing their proposed motion by March 8, 2024, making the motion returnable on April 1, 2024. So Ordered by Judge Georgette Castner on 2/13/2024. (adi) [Transferred from New Jersey on 10/1/2024.]
February 9, 2024 Filing 16 Letter from Abira in response to pre-motion conference request. (ELLINGTON, AFIYFA) [Transferred from New Jersey on 10/1/2024.]
February 7, 2024 Pro Hac Vice counsel, COURTNEY GLASER and JOHN B. SHELY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jal, ) [Transferred from New Jersey on 10/1/2024.]
February 6, 2024 Filing 15 Notice of Request by Pro Hac Vice John B. Shely to receive Notices of Electronic Filings. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
February 6, 2024 Filing 14 Notice of Request by Pro Hac Vice Courtney B. Glaser to receive Notices of Electronic Filings. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
February 5, 2024 Pro Hac Vice fee received for John Shely and Courtney Glaser: $ 300, receipt number 136855 (jjc, ) [Transferred from New Jersey on 10/1/2024.]
February 1, 2024 Filing 13 Letter from Kevin V. Small (pre-motion letter - motion to dismiss). (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
January 25, 2024 Opinion or Order Filing 12 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice, as to COURTNEY B. GLASER. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/25/2024. (jdg) [Transferred from New Jersey on 10/1/2024.]
January 25, 2024 Opinion or Order Filing 11 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice as to JOHN B. SHELY. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/25/2024. (mlh) [Transferred from New Jersey on 10/1/2024.]
January 22, 2024 Set Deadlines as to #10 MOTION for Leave to Appear Pro Hac Vice , #9 MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/20/2024 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) [Transferred from New Jersey on 10/1/2024.]
January 19, 2024 Filing 10 MOTION for Leave to Appear Pro Hac Vice by BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC.. (Attachments: #1 Statement Certified Statement of John B. Shely, #2 Exhibit A, #3 Statement Certified Statement of Kevin V. Small, #4 Text of Proposed Order, #5 Certificate of Service)(SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
January 19, 2024 Filing 9 MOTION for Leave to Appear Pro Hac Vice by BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC.. (Attachments: #1 Statement Certified Statement of Courtney B. Glaser, #2 Exhibit A, #3 Statement Certified Statement of Kevin V. Small, #4 Text of Proposed Order, #5 Certificate of Service)(SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
January 17, 2024 Filing 8 Application and Proposed Order for Clerk's Order to extend time to answer as to Complaint. Attorney KEVIN VINCENT SMALL for BLUECARE TENNESSEE,KEVIN VINCENT SMALL for BLUECROSS BLUESHIELD OF TENNESSEE, INC. added. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
January 17, 2024 Filing 7 Diversity Disclosure Statement by BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC.. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
January 17, 2024 Filing 6 NOTICE of Appearance by KEVIN VINCENT SMALL on behalf of BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC. (SMALL, KEVIN) [Transferred from New Jersey on 10/1/2024.]
January 17, 2024 Clerk`s Text Order - The #8 Application for a Clerk's Order Extending Time to Answer submitted by BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC. on 1/17/2024 has been GRANTED. The answer due date has been set for 2/1/2024. (kht) [Transferred from New Jersey on 10/1/2024.]
January 16, 2024 Opinion or Order Filing 5 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Georgette Castner for all further proceedings. Judge Zahid N. Quraishi no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 1/16/2024. (jjc, ) [Transferred from New Jersey on 10/1/2024.]
December 19, 2023 Filing 4 Diversity Disclosure Statement by ABIRA MEDICAL LABORATORIES, LLC. (ELLINGTON, AFIYFA) [Transferred from New Jersey on 10/1/2024.]
December 19, 2023 Filing 3 SUMMONS ISSUED as to BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) [Transferred from New Jersey on 10/1/2024.]
December 19, 2023 CLERK'S QUALITY CONTROL MESSAGE - The CIVIL COVER SHEET was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Please email a flattened version to ecfhelp@njd.uscourts.gov for replacement on the docket. (jjc, ) [Transferred from New Jersey on 10/1/2024.]
December 19, 2023 CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (jjc, ) [Transferred from New Jersey on 10/1/2024.]
December 18, 2023 Judge Zahid N. Quraishi and Magistrate Judge Tonianne J. Bongiovanni added. (kht) [Transferred from New Jersey on 10/1/2024.]
December 18, 2023 Filing 2 Corporate Disclosure Statement by ABIRA MEDICAL LABORATORIES, LLC, d/b/a GENESIS DIAGNOSTICS identifying N/A as Corporate Parent.. (ELLINGTON, AFIYFA) [Transferred from New Jersey on 10/1/2024.]
December 18, 2023 Filing 1 COMPLAINT against BLUECARE TENNESSEE, BLUECROSS BLUESHIELD OF TENNESSEE, INC. ( Filing and Admin fee $ 405 receipt number ANJDC-14949571) with JURY DEMAND, filed by ABIRA MEDICAL LABORATORIES, LLC, d/b/a GENESIS DIAGNOSTICS. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(ELLINGTON, AFIYFA) (Attachment 2 replaced on 12/20/2023) (jjc, ). [Transferred from New Jersey on 10/1/2024.]

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Search for this case: Abira Medical Laboratories, LLC v. BlueCross BlueShield of Tennessee, Inc. et al
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Defendant: BlueCare Tennessee
Represented By: KEVIN VINCENT SMALL
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Defendant: BlueCross BlueShield of Tennessee, Inc.
Represented By: KEVIN VINCENT SMALL
Represented By: Courtney B Glaser
Represented By: Courtney B Glaser
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Defendant: ABC Companies 1-100
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Defendant: John Does (1-100)
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Plaintiff: Abira Medical Laboratories, LLC d/b/a Genesis Diagnostics
Represented By: AFIYFA HAKIM ELLINGTON
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