PainMD, LLC et al v. Azar et al

Plaintiff: Michael Kestner and PainMD, LLC
Defendant: Alex M. Azar, II, Cahaba Government Benefits Administrators, LLC, Seema Verma and Palmetto GBA, LLC
Case Number: 3:2018cv01346
Filed: December 5, 2018
Court: Tennessee Middle District Court
0 Judge: William L Campbell
1 Judge: Alistair Newbern
Nature of Suit: Other Statutory Actions
Cause of Action: 42:1395
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on February 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2019 46 MOTION for Extension of Time to File Answer by Alex M. Azar, II, Seema Verma. (McIntyre, Ellen)
January 24, 2019 Opinion or Order 45 ORDER: Pending before the Court is the Plaintiff's Notice of Voluntary Dismissal (Doc. No. #44 ) indicating that Defendants Palmetto GBA, LLC and Cahaba Government Benefit Administrators, LLC should be dismissed without prejudice from these proceedings. The parties cite Fed. R. Civ. P. 41 in the Notice, but that rule applies to the dismissal of actions, not individual parties. Accordingly, pursuant to Fed. R. Civ. P. 21, the Court DISMISSES without prejudice Defendants Palmetto GBA, LLC and Cahaba Government Benefit Administrators, LLC. Signed by District Judge William L. Campbell, Jr on 1/24/2019. (mg)
January 23, 2019 44 NOTICE of Voluntary Dismissal by Michael Kestner, PainMD, LLC (Bowen, Jay)
January 22, 2019 Opinion or Order 43 ORDER RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: On Motion #41 of Cahaba Government Benefit Administrators, LLC and Palmetto GBA, LLC, and by agreement of the parties, it is hereby ORDERED that the initial case management conference that was previously scheduled for February 13, 2019 at 9:30 a.m. is rescheduled for February 21, 2019 at 10:00 a.m. Signed by Magistrate Judge Alistair Newbern on 1/22/2019. (mg)
January 22, 2019 TN State Bar status verified as active for Lauren E. Kilgore. (mg)
January 18, 2019 42 PROPOSED CASE MANAGEMENT ORDER Reschedule the Initial Case Management Conference filed by Cahaba Government Benefits Administrators, LLC, Palmetto GBA, LLC. (Cothern, Jeremy)
January 18, 2019 41 MOTION to Continue Reschedule the Initial Case Management Conference by Cahaba Government Benefits Administrators, LLC, Palmetto GBA, LLC. (Cothern, Jeremy)
January 18, 2019 40 NOTICE of Appearance by Lauren E. Kilgore on behalf of Michael Kestner, PainMD, LLC (Kilgore, Lauren)
January 15, 2019 Opinion or Order 39 ORDER granting #33 Defendant, Cahaba Government Benefit Administrators, LLC's Second Motion for Extension of Time to Answer re #1 Complaint. Signed by Magistrate Judge Alistair Newbern on 1/15/2019. (mg)
January 15, 2019 Opinion or Order 38 ORDER granting #34 Defendant, Palmetto GBA, LLC's Motion for Extension of Time to Answer re #1 Complaint. Signed by Magistrate Judge Alistair Newbern on 1/15/2019. (mg) Modified text on 1/15/2019 (mg).
January 14, 2019 37 MEMORANDUM in Support of #36 MOTION for Joinder with Federal Defendants' Motion to Dismiss filed by Cahaba Government Benefits Administrators, LLC, Palmetto GBA, LLC . (Cothern, Jeremy)
January 14, 2019 36 MOTION for Joinder with Federal Defendants' Motion to Dismiss by Cahaba Government Benefits Administrators, LLC, Palmetto GBA, LLC. (Cothern, Jeremy)
January 14, 2019 35 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Palmetto GBA, LLC. (Cothern, Jeremy)
January 14, 2019 34 MOTION for Extension of Time to File Answer by Palmetto GBA, LLC. (Cothern, Jeremy)
January 14, 2019 33 Second MOTION for Extension of Time to File Answer by Cahaba Government Benefits Administrators, LLC. (Cothern, Jeremy)
January 14, 2019 TN State Bar status verified as active for Jeremy Matthew Cothern. (mg)
January 14, 2019 Opinion or Order 32 ORDER: On January 11, 2019, Federal Defendants filed a motion to dismiss Palmetto GBA, LLC and Cahaba Government Benefits Administrators, LLC as Defendants. (Doc. No. #29 .) Pursuant to Local Rule 7.01(a)(3), any response is to be filed within 14 days after service of the motion. Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Campbell unless referred to the undersigned magistrate judge. Signed by Magistrate Judge Alistair Newbern on 1/14/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
January 14, 2019 31 NOTICE of Appearance by Jeremy Matthew Cothern on behalf of Palmetto GBA, LLC (Cothern, Jeremy)
January 11, 2019 30 MEMORANDUM in Support of #29 MOTION to Dismiss PALMETTO GBA, LLC AND CAHABA GOVERNMENT BENEFITS ADMINISTRATORS, LLC AS DEFENDANTS filed by Alex M. Azar, II, Seema Verma . (McIntyre, Ellen)
January 11, 2019 29 MOTION to Dismiss PALMETTO GBA, LLC AND CAHABA GOVERNMENT BENEFITS ADMINISTRATORS, LLC AS DEFENDANTS by Alex M. Azar, II, Seema Verma. (McIntyre, Ellen)
January 11, 2019 Opinion or Order 28 ORDER granting #21 Motion for Extension of Time to Answer re #1 Complaint, Cahaba Government Benefits Administrators, LLC answer due 1/14/2019. Signed by Magistrate Judge Alistair Newbern on 1/11/2019. (mg)
January 10, 2019 27 SUMMONS returned executed by PainMD, LLC, Michael Kestner. Cahaba Government Benefits Administrators, LLC served on 12/10/2018. (Bowen, Jay)
January 10, 2019 26 SUMMONS returned executed by PainMD, LLC, Michael Kestner. Palmetto GBA, LLC served on 12/10/2018. (Bowen, Jay)
January 10, 2019 25 SUMMONS returned executed by PainMD, LLC, Michael Kestner. Alex M. Azar, II served on 12/14/2018. (Bowen, Jay)
January 10, 2019 24 SUMMONS returned executed by PainMD, LLC, Michael Kestner. Seema Verma served on 12/10/2018. (Bowen, Jay)
January 10, 2019 23 NOTICE of Initial Case Management Conference set for 2/13/2019 at 9:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (mg)
January 9, 2019 TN State Bar status verified as active for Jeremy Matthew Cothern. (mg)
January 9, 2019 22 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Michael Kestner, PainMD, LLC. (Bowen, Jay)
December 31, 2018 21 MOTION for Extension of Time to File Answer by Cahaba Government Benefits Administrators, LLC. (Cothern, Jeremy)
December 31, 2018 20 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Cahaba Government Benefits Administrators, LLC. (Cothern, Jeremy)
December 31, 2018 19 NOTICE of Appearance by Jeremy Matthew Cothern on behalf of Cahaba Government Benefits Administrators, LLC (Cothern, Jeremy)
December 10, 2018 Opinion or Order 18 ORDER granting #15 Motion for Leave to file a Sur-Reply. Signed by District Judge William L. Campbell, Jr on 12/10/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
December 10, 2018 Opinion or Order 17 ORDER: Pending before the Court are Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Mandamus Relief (Doc. No. #2 ). Through the Motion, Plaintiffs request a temporary restraining order that enjoins Defendants from continuing to withhold Plaintiffs' Medicare payments. Having weighed the aforementioned factors and considered the parties' arguments, the Court DENIES Plaintiffs' request for a temporary restraining order. Signed by District Judge William L. Campbell, Jr on 12/10/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
December 10, 2018 16 REPLY filed by Alex M. Azar, II, Seema Verma re #14 Response in Support of Motion, filed by PainMD, LLC, Michael Kestner, #15 Motion for Leave filed by Seema Verma, Alex M. Azar, II, #2 Motion for TRO filed by PainMD, LLC, Michael Kestner. (McIntyre, Ellen)
December 10, 2018 15 MOTION for Leave to TO FILE A SUR-REPLY OPPOSING PLAINTIFFS' MOTION FOR A TRO, PRELIMINARY INJUNCTION, AND MANDAMUS RELIEF re #2 MOTION for Temporary Restraining Order by Alex M. Azar, II, Seema Verma. (McIntyre, Ellen)
December 10, 2018 14 RESPONSE in Support re #2 MOTION for Temporary Restraining Order Preliminary Injunction and Mandumus Relief filed by Michael Kestner, PainMD, LLC. (Attachments: #1 Exhibit A - Medicare/Medicaid Rules & Regs, #2 Exhibit B - Helpings Hands v Donna Shalala, #3 Exhibit C - Goli v Inspector General)(Bowen, Jay)
December 7, 2018 Opinion or Order 13 ORDER: Pending before the Court is Plaintiff's Motion for Leave to File a Reply in Support of Plaintiff's Motion and Application for Temporary Restraining Order, Preliminary Injunction, and Mandamus Relief (Doc. No. #12 ). The motion is GRANTED, and Plaintiff shall reply by 11:00 a.m. on Monday, December 10, 2018. Signed by District Judge William L. Campbell, Jr on 12/7/2018. (mg)
December 7, 2018 12 MOTION for Leave to File a Reply in Support of Plaintiffs' Motion and Application for Temporary Restraining Order, Preliminary Injunction, and Mandamus Relief by Michael Kestner, PainMD, LLC. (Bowen, Jay)
December 7, 2018 Opinion or Order 11 ORDER: The hearing on Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Mandamus Relief set for December 7, 2018, at 2:00 p.m. is CANCELLED. A separate Order that addresses the motion will follow. Signed by District Judge William L. Campbell, Jr on 12/7/2018. (jm)
December 7, 2018 10 NOTICE of Filing by Michael Kestner, PainMD, LLC the Declaration of Jay Bowen (Attachments: #1 Attachment Declaration of Jay S. Bowen)(Bowen, Jay)
December 7, 2018 TN State Bar status verified as active for Ellen Bowden McIntyre. (mg)
December 7, 2018 9 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order , Restraining Order, and Preliminary Injunction, and Mandamus Relief filed by Alex M. Azar, II, Seema Verma. (Attachments: #1 Exhibit 1 - HomeCare Serv Provider (S.D.FL.2008, #2 Exhibit 2 - Notice of Payment Suspension)(McIntyre, Ellen)
December 6, 2018 Opinion or Order 8 ORDER: Motion Hearing set for 12/7/2018 02:00 PM in Courtroom A826 before District Judge William L. Campbell Jr. Signed by District Judge William L. Campbell, Jr on 12/6/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
December 6, 2018 7 NOTICE of Appearance by Ellen Bowden McIntyre on behalf of Alex M. Azar, II, Seema Verma (McIntyre, Ellen)
December 6, 2018 NOTICE TO COUNSEL Mark Schottinger: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 12/27/2018. (afs)
December 6, 2018 TN State Bar status verified as active for Jay Scott Bowen. (afs)
December 6, 2018 6 Summons issued as to Alex M. Azar, II, Cahaba Government Benefits Administrators, LLC, Palmetto GBA, LLC, Seema Verma service copies to be picked up by counsel. (afs)
December 6, 2018 5 NOTICE of Business Entity Disclosure Statement filing requirement. (afs)
December 6, 2018 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (afs)
December 5, 2018 3 MEMORANDUM in Support of #2 MOTION for Temporary Restraining Order filed by Michael Kestner, PainMD, LLC. (afs)
December 5, 2018 2 MOTION for Temporary Restraining Order by Michael Kestner, PainMD, LLC. (Attachments: #1 Attachment Proposed Order)(afs)
December 5, 2018 1 COMPLAINT against Alex M. Azar, II, Cahaba Government Benefits Administrators, LLC, Palmetto GBA, LLC, Seema Verma (Filing fee $400, Receipt number 0650-2810100), filed by PainMD, LLC, Michael Kestner. (Attachments: #1 Exhibit A - Declaration of Terry Bryant, #2 Exhibit B - Defendants' Joint Motion to Dismiss, #3 Exhibit C - United States' Complaint, #4 Attachment Civil Cover Sheet)(afs)

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Search for this case: PainMD, LLC et al v. Azar et al
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Plaintiff: Michael Kestner
Represented By: Mark Schottinger
Represented By: Jay Scott Bowen
Represented By: Mark F. Schottinger
Represented By: Lauren E. Kilgore
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Plaintiff: PainMD, LLC
Represented By: Mark Schottinger
Represented By: Jay Scott Bowen
Represented By: Mark F. Schottinger
Represented By: Lauren E. Kilgore
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Defendant: Alex M. Azar, II
Represented By: Ellen Bowden McIntyre
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Defendant: Cahaba Government Benefits Administrators, LLC
Represented By: Jeremy Matthew Cothern
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Defendant: Seema Verma
Represented By: Ellen Bowden McIntyre
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Defendant: Palmetto GBA, LLC
Represented By: Jeremy Matthew Cothern
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