BioTE Medical, LLC v. Jacobsen et al
Plaintiff: BioTE Medical, LLC
Defendant: Mark P. Burns, Evexias Metrita-Columbia, LLC, North American Custom Laboratories, LLC a/k/a Farmakeio, Jeff Hill, Evexias HRT, LLC f/k/a Hormonal Health and Wellness Centers, LLC, Sutherland Solutions, LLC, Jeff DeNeui, Michael S. Cole, Kent Jacobsen, Nilus, LLC, Evexias Medical Centers, PLLC f/k/a Terri Suresh ACNP, PLLS a/k/a Hormonal Health Wellness & Skin Center a/k/a Hormonal Health Wellness and Aesthetics Center a/k/a Hormonal Health & Wellness, Jeni Guinn, Neal Rouzier, MD, Martin Groves, Justin Graves, Kimberly Meegan, Dan Mikals, Gunther Mueller, Robert Alan Harris, John Thomas, Nicole Turcotte, Evexias-Anthem Alaska, LLC, Dominic Verrilli, Andrea C. Jones, Dustin C. DeNeui, Evexias Management, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, Hormonal Health, Hormonal Health Wellness and Aesthetics Center, Hormonal Health Wellness, Farmakeio, Evexias HRT, LLC, Hormonal Health & Wellness, Hormonal Health Wellness & Skin Center, Hormonal Health and Wellness Centers, LLC, Terri Suresh ACNP, PLLS and Amy Pitarra
Petitioner: Dr. Cory Rice
3Rd Party Plaintiff: Evexias Health Solutions, LLC, EvexiPEL, Michael Sheffield, MD, Wendy Sandoval, Lisa Mikals and Forget About It, Inc.
Counter Claimant: Farmakeio Outsourcing, LLC, Farmakeio Nutraceuticals, LLC, Terri J. DeNeui, Evexias-Anthem Columbia, LLC, Daniel D. DeNeui and Evexias Holding Co, LLC
Not Classified By Court: Jeff Kaplan and John Shipp
3Rd Party Defendant: Mark Hincher, Terry Weber, Cory Wayne Rice and MD Gary Donovitz
Counter Defendant: Mark Orr
Case Number: 4:2018cv00866
Filed: December 13, 2018
Court: U.S. District Court for the Eastern District of Texas
Presiding Judge: Amos L Mazzant
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1391
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 27, 2022 Opinion or Order Filing 335 Unopposed MOTION to Dismiss Partial with Prejudice by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order Granting Dismissal)(Lurich, Ryan)
January 25, 2022 Opinion or Order Filing 334 ORDER granting #332 Motion for Partial Dismissal with Prejudice. Signed by District Judge Amos L. Mazzant, III on 1/25/2022. (mem)
January 24, 2022 Opinion or Order Filing 333 ORDER: All claims and counterclaims asserted herein, or which could have been asserted herein by Plaintiff BioTE Medical, LLC against Defendants Michael Sheffield, MD, Martin Groves, and Mark Burns are hereby dismissed with prejudice. Signed by District Judge Amos L. Mazzant, III on 1/24/2022. (mem)
January 24, 2022 Opinion or Order Filing 332 Unopposed MOTION to Dismiss Partial with Prejudice by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order Granting Partial Dismissal)(Lurich, Ryan)
January 21, 2022 Opinion or Order Filing 331 Exhibit List Amended Trial by BioTE Medical, LLC.. (Lurich, Ryan)
January 21, 2022 Opinion or Order Filing 330 STIPULATION of Dismissal with Prejudice - Joint by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order)(Lurich, Ryan)
January 14, 2022 Opinion or Order Filing 329 JOINT PRETRIAL ORDER. Signed by District Judge Amos L. Mazzant, III on 1/14/2022. (klc, )
January 14, 2022 Opinion or Order Filing 328 ORDER re #317 Motion in Limine. Signed by District Judge Amos L. Mazzant, III on 1/14/2022. (mem)
January 14, 2022 Opinion or Order Filing 327 Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Final Pretrial Conference held on 1/14/2022. (Court Reporter Christine Bickham.) (kkc, )
December 29, 2021 Opinion or Order Filing 326 STATUS REPORT Joint by Daniel D. DeNeui. (Clift, Gregory)
December 20, 2021 Opinion or Order Filing 325 RESPONSE to Motion re #317 MOTION in Limine filed by Mark P. Burns, Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, Gary Donovitz, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Jeff Hill, Mark Hincher, Kent Jacobsen, Andrea C. Jones, Jeff Kaplan, Kimberly Meegan, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Mark Orr, Amy Pitarra, Cory Wayne Rice, Cory Rice, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Shipp, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte, Dominic Verrilli, Terry Weber. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Clift, Gregory)
December 20, 2021 Opinion or Order NOTICE of Deficiency regarding the #324 TRIAL BRIEF Objections to Plaintiffs' Motion in Limine submitted by Daniel D. DeNeui. The document should be filed using event Response to Motion. Correction should be made by one business day. (rpc, )
December 17, 2021 Opinion or Order Filing 324 ***PLEASE DISREGARD. INCORRECT DOCKET EVENT USED*** TRIAL BRIEF Objections to Plaintiffs' Motion in Limine by Daniel D. DeNeui. (Clift, Gregory) Modified on 12/20/2021 (rpc, ).
December 17, 2021 Opinion or Order Filing 323 Objections to Plaintiff's Witness List by Daniel D. DeNeui. (Clift, Gregory) Modified on 12/20/2021 (rpc, ).
December 17, 2021 Opinion or Order Filing 322 Objections to Plaintiff's Exhibit List by Daniel D. DeNeui.. (Clift, Gregory) Modified on 12/20/2021 (rpc, ).
December 17, 2021 Opinion or Order Filing 321 RESPONSE to #314 Exhibit List, #318 Exhibit List Objection filed by BioTE Medical, LLC, Gary Donovitz, Mark Hincher, Mark Orr, Amy Pitarra, Terry Weber. (Lurich, Ryan)
December 17, 2021 Opinion or Order Filing 320 RESPONSE to #312 Witness List Objection filed by BioTE Medical, LLC, Gary Donovitz, Mark Hincher, Mark Orr, Amy Pitarra, Terry Weber. (Lurich, Ryan)
December 17, 2021 Opinion or Order Filing 319 Proposed Jury Instructions by BioTE Medical, LLC. (Lurich, Ryan)
December 16, 2021 Opinion or Order Filing 318 Exhibit List 1st Amended by Daniel D. DeNeui.. (Clift, Gregory)
December 6, 2021 Opinion or Order Filing 317 MOTION in Limine by BioTE Medical, LLC. (Lurich, Ryan) (Additional attachment(s) added on 12/7/2021: #1 Text of Proposed Order) (mem, ).
December 6, 2021 Opinion or Order Filing 316 Exhibit List (Trial) by BioTE Medical, LLC.. (Lurich, Ryan)
December 6, 2021 Opinion or Order Filing 315 Trial Witness List by BioTE Medical, LLC. (Lurich, Ryan)
December 6, 2021 Opinion or Order Filing 314 Exhibit List by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli.. (Babb, Kenneth)
December 6, 2021 Opinion or Order Filing 313 Witness List by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Babb, Kenneth)
December 6, 2021 Opinion or Order Filing 312 Witness List by Daniel D. DeNeui. (Clift, Gregory)
December 6, 2021 Opinion or Order Filing 311 Exhibit List by Daniel D. DeNeui.. (Clift, Gregory)
December 6, 2021 Opinion or Order Filing 310 Proposed Pretrial Order (Joint Final) by BioTE Medical, LLC, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, Gary Donovitz, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Mark Hincher, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Mark Orr, Amy Pitarra, Neal Rouzier, MD, Wendy Sandoval, John Thomas, Nicole Turcotte, Terry Weber. (Lurich, Ryan)
December 6, 2021 Opinion or Order Filing 309 ORDER REGARDING EXHIBITS. The Court enters this order sua sponte. Signed by District Judge Amos L. Mazzant, III on 12/6/2021. (rpc, )
December 2, 2021 Opinion or Order Filing 308 ORDER granting #307 Motion for Extension of Time to File. The parties are ordered to file their joint final pretrial order and motions in limine on or before December 6, 2021. Signed by District Judge Amos L. Mazzant, III on 12/2/2021. (mem)
December 1, 2021 Opinion or Order Filing 307 Agreed MOTION for Extension of Time to File Pretrial Order and Motions in Limine by Daniel D. DeNeui. (Clift, Gregory) (Additional attachment(s) added on 12/1/2021: #1 Text of Proposed Order) (mem, ).
November 26, 2021 Opinion or Order Filing 306 NOTICE by BioTE Medical, LLC re #303 Exhibit List Optional Completeness Deposition Designations (Lurich, Ryan)
November 26, 2021 Opinion or Order Filing 305 NOTICE by BioTE Medical, LLC re #303 Exhibit List Objections to Video Deposition Designations (Lurich, Ryan)
November 19, 2021 Opinion or Order Filing 304 NOTICE by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli Defendants' Deposition Designations (Babb, Kenneth)
November 19, 2021 Opinion or Order Filing 303 Exhibit List Defendants' Designation of Video Deposition Testimony by Daniel D. DeNeui.. (Clift, Gregory)
August 3, 2021 Opinion or Order Filing 302 SCHEDULING ORDER granting #301 Unopposed MOTION for Extension of Time to File Pretrial Deadlines to Coincide with New Trial Date filed by BioTE Medical, LLC. Jury instructions due by 12/17/2021. Proposed Pretrial Order due by 12/3/2021. Signed by District Judge Amos L. Mazzant, III on 8/3/2021. (mem)
August 2, 2021 Opinion or Order Filing 301 Unopposed MOTION for Extension of Time to File Pretrial Deadlines to Coincide with New Trial Date by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order Extending Pretrial Deadlines)(Lurich, Ryan)
July 30, 2021 Opinion or Order Filing 300 NOTICE by BioTE Medical, LLC of Designation of Video Deposition Testimony (Lurich, Ryan)
July 28, 2021 Opinion or Order Filing 299 ORDER SPECIALLY SETTING TRIAL: Final Pretrial Conference set for 1/14/2022 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Jury Selection/Jury Trial set for 2/7/2022 at 10:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 7/28/2021. (mem)
July 23, 2021 Opinion or Order Filing 298 NOTICE by BioTE Medical, LLC of Intent to Offer Certified Records (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Lurich, Ryan)
May 3, 2021 Opinion or Order Filing 297 ORDER re #296 Joint Stipulation of Partial Dismissal filed by Evexias Health Solutions, LLC. ORDERED that all claims asserted herein, or which could have been asserted herein by Counter-Plaintiffs against Counter-Defendant Cory Rice are hereby dismissed. Signed by District Judge Amos L. Mazzant, III on 5/3/2021. (mem)
April 29, 2021 Opinion or Order Filing 296 STIPULATION of Dismissal of Counter-Defendant Cory Rice by Evexias Health Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Clift, Gregory)
April 16, 2021 Opinion or Order Filing 295 ORDER denying as moot #213 Supplemental Motion for Summary Judgment as to Defendants' Counterclaims. Signed by District Judge Amos L. Mazzant, III on 4/16/2021. (mem)
February 1, 2021 Opinion or Order Filing 294 ORDER granting #291 Agreed MOTION to Continue Trial and to Extend Pretrial Deadlines filed by BioTE Medical, LLC: Final Pretrial Conference set for 9/2/2021 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Discovery due by 5/21/2021. Jury instructions due by 8/20/2021. Proposed Pretrial Order due by 8/6/2021. Signed by District Judge Amos L. Mazzant, III on 2/1/2021. (mem)
February 1, 2021 Opinion or Order Filing 293 MEMORANDUM AND OPINION AND ORDER granting in part and denying in part #281 MOTION to Compel and Brief in Support filed by BioTE Medical, LLC. Signed by District Judge Amos L. Mazzant, III on 2/1/2021. (mem)
January 23, 2021 Opinion or Order Filing 292 NOTICE of Change of Address by Kenneth Patrick Babb (Babb, Kenneth)
January 20, 2021 Opinion or Order Filing 291 Agreed MOTION to Continue Trial and to Extend Pretrial Deadlines by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order for Continuance)(Lurich, Ryan)
January 15, 2021 Opinion or Order Filing 290 AGREED PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 1/15/2021. (rpc, )
January 15, 2021 Opinion or Order Filing 289 ORDER granting #278 Motion for Protective Order. Signed by District Judge Amos L. Mazzant, III on 1/15/2021. (rpc, )
December 30, 2020 Opinion or Order Filing 288 ORDER granting #286 Motion for Extension of Time to File Response/Reply. It is therefore ORDERED that Defendants may file their response to Plaintiff's motion to compel (Dkt. #281 ) on or before January 5, 2021. Signed by District Judge Amos L. Mazzant, III on 12/30/2020. (las)
December 30, 2020 Opinion or Order Filing 287 ORDER granting #284 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 12/30/2020. (las)
December 29, 2020 Opinion or Order Filing 286 MOTION for Extension of Time to File Response/Reply as to #281 MOTION to Compel and Brief in Support DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, North American Custom Laboratories. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Clift, Gregory)
December 29, 2020 Opinion or Order NOTICE of Deficiency regarding the #283 MOTION for Extension of Time to File Response/Reply as to #281 MOTION to Compel and Brief in Support DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL submitted by Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC. Exhibits should be filed as separate attachments. Correction should be made by One Business Day. (las, )
December 28, 2020 Opinion or Order Filing 285 RESPONSE in Opposition re #281 MOTION to Compel and Brief in Support DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL filed by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit, #5 Text of Proposed Order)(Clift, Gregory)
December 28, 2020 Opinion or Order Filing 284 MOTION for Leave to File Excess Pages DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE RESPONSE IN EXCESS OF 15 PAGES by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Attachments: #1 Text of Proposed Order)(Clift, Gregory)
December 28, 2020 Opinion or Order Filing 283 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*** MOTION for Extension of Time to File Response/Reply as to #281 MOTION to Compel and Brief in Support DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, North American Custom Laboratories. (Attachments: #1 Text of Proposed Order)(Clift, Gregory) Modified on 12/29/2020 (las, ).
December 22, 2020 Opinion or Order Filing 282 ORDER granting #280 Motion for Leave to Exceed Page Limit of Local Rule CV-7 is granted. Plaintiff's Motion to Compel and Brief in Support is hereby accepted for filing. Dkt. #281 is deemed filed. Signed by District Judge Amos L. Mazzant, III on 12/22/2020. (rpc, )
December 18, 2020 Opinion or Order Filing 281 MOTION to Compel and Brief in Support by BioTE Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Text of Proposed Order Granting Plaintiff's Motion to Compel)(Lurich, Ryan)
December 18, 2020 Opinion or Order Filing 280 Unopposed MOTION for Leave to File Motion to Compel and Brief in Support to Exceed Page Limit of Local Rule CV-7 by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order)(Lurich, Ryan)
December 15, 2020 Opinion or Order Filing 279 RESPONSE to Motion re #278 MOTION for Protective Order MOTION TO ENTER PROTECTIVE ORDER filed by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order Clean Version, #2 Text of Proposed Order Redlined Version)(Lurich, Ryan)
December 15, 2020 Opinion or Order Filing 278 MOTION for Protective Order MOTION TO ENTER PROTECTIVE ORDER by Mark P. Burns, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Gunther Mueller, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Attachments: #1 Text of Proposed Order)(Clift, Gregory)
December 14, 2020 Opinion or Order Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone conference held on 12/14/2020 at 9:00 a.m. regarding discovery disputes. Ryan Lurich appeared on behalf of Plaintiff. Gregory Clift appeared on behalf of Defendant. Parties discuss discovery disputes regarding production. Parties will submit proposed protective orders by noon 12/15/2020 and each side is authorized to file motions to compel as necessary. Parties are instructed to meet and confer regarding completion of discovery and proposed new deadline and include in any motion to compel filed. Any responses to any filed motion to compel shall be filed within 7 days. Call adjourned at 9:24 a.m. (Court Reporter Jan Mason) (kkc, )
December 9, 2020 Opinion or Order NOTICE of Hearing: Telephone Conference to address discovery disputes set for Monday 12/14/2020 9:00 AM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 8:55 AM: 888-363-4749; Access Code: 1588844, followed by #. (tls)
December 3, 2020 Opinion or Order Filing 277 NOTICE by BioTE Medical, LLC OF DEPOSITION SCHEDULE (Lurich, Ryan)
November 18, 2020 Opinion or Order Filing 276 MEMORANDUM OPINION AND ORDER. It is ORDERED that Third-Party Defendants' Rule 12(b)(2) Motion to Dismiss (Dkt. #212 ) is hereby DENIED. It is further ORDERED that Evexias/Farmakeio Defendants are authorized to conduct discovery as to the issue of specific personal jurisdiction over Mr. Hincher, Mr. Orr, and Ms. Pitarra. Third-Party Defendants may refile a 12(b)(2) motion to dismiss only if personal jurisdiction is still at issue after reasonable jurisdictional discovery has concluded. Signed by District Judge Amos L. Mazzant, III on 11/18/2020. (rpc, )
November 18, 2020 Opinion or Order Filing 275 MEMORANDUM OPINION AND ORDER. It is ORDERED that Evexias/Farmakeio Defendants' Motion to Strike Experts and Exclude Evidence (Dkt. #197 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 11/18/2020. (rpc, )
November 16, 2020 Opinion or Order Filing 274 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Complete Care Clinic (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 273 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - McLeod Medical Center Moriarty (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 272 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - McLeod Medical Center Edgewood (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 271 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - McLeod Medical Center Cedar Crest (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 270 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Functional Family Medicine (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 269 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Pineapple Health (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 268 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Gorospe Health (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 267 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Southwest Integrative Health Center, LLC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 266 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Revitalize, LLC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 265 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Allied Health and Wellness (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 264 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Duke City Healthcare, PC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 263 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Pelle Spa (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 262 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Everest Medical Group, Inc. (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 261 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Ortega Wellness (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 260 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Healthy Optimization (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 259 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Integrated Womens Wellness & Center for Birth, LLC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 258 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Hand Family Healthcare, DNP FNP, PC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 257 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Eastern Oklahoma Wellness Center, PLLC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 256 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Devine Healthcare, LLC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 255 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Changes Medical Spa and Laser Center (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 254 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Hand Family Healthcare, DNP FNP, PC (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 253 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Preventive Medicine Centers (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 252 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Buford Family Practice and Urgent Center (Lurich, Ryan)
November 13, 2020 Opinion or Order Filing 251 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Charles W. Dean MD, LLC (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 250 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - The Beauty Bar (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 249 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Ultimate Bariatrics (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 248 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Dr. Kenneth Wilgers (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 247 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Texas Integrative Medicine and Cardiology (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 246 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Texas Healthy Aging and Hormone Therapy (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 245 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Freedom Total Wellness (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 244 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - The Resurge Clinic (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 243 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Complete Care Clinic, LLC (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 242 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - BioJourneys (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 241 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Tricities Med Spa (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 240 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Renew Integrative Medical Spa (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 239 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Lindseys Medical Day Spa (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 238 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Waterford Wellness Spa (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 237 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Brazos Family Clinic (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 236 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Bogata Health Clinic (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 235 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Brownfield Family Physicians (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 234 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Diamond Hill Medical Center (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 233 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Dr. Greg Podleski (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 232 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - Whole Health Chiropractic Spa (Lurich, Ryan)
November 12, 2020 Opinion or Order Filing 231 NOTICE by BioTE Medical, LLC OF SUBPOENA DUCES TECUM - North Texas Center for Pain Management (Lurich, Ryan)
November 11, 2020 Opinion or Order Filing 230 RESPONSE to #215 Order on Motion to Amend/Correct ANSWER TO THE INDEPENDENT DEFENDANTS' CROSS CLAIM by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories. (Clift, Gregory)
November 10, 2020 Opinion or Order Filing 229 MEMORANDUM OPINION AND ORDER. It is ORDERED that Plaintiff BioTEMedical, LLC and Third-Party Defendants' Motion for Summary Judgment as to Defendants' Counterclaims (Dkt. #211 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 11/10/2020. (rpc, )
November 10, 2020 Opinion or Order Filing 228 MEMORANDUM OPINION AND ORDER. It is ORDERED that Defendants Evexias/Farmakeio's Motion for Summary Judgment (Dkt. #192 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 11/10/2020. (rpc, )
November 10, 2020 Opinion or Order Filing 227 MEMORANDUM OPINION AND ORDER. It is ORDERED that Defendants Andrea Jones, Jeff Hill, Dominic Verrilli, and Kimberley Meegan's Motion for Summary Judgment (Dkt. #189 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 11/10/2020. (rpc, )
November 10, 2020 Opinion or Order Filing 226 MEMORANDUM OPINION AND ORDER. It is ORDERED that the Plaintiff BioTE's Motion for Summary Judgment to Establish Liability Under its Lanham Act and RICO Claims (Dkt. #186 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 11/10/2020. (rpc, )
October 28, 2020 Opinion or Order Filing 225 REPLY to Response to Motion re #189 MOTION for Summary Judgment filed by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Babb, Kenneth)
October 28, 2020 Opinion or Order Filing 224 REPLY to Response to Motion re #192 MOTION for Summary Judgment and Brief In Support filed by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Attachments: #1 Appendix)(Clift, Gregory)
October 22, 2020 Opinion or Order Filing 223 ***FILED IN ERROR. PLEASE DISREGARD. NOW ATTACHED TO DKT #221 .*** Additional Attachments to Main Document: #221 Response to Motion,.. (Clift, Gregory) Modified on 10/22/2020 (rpc, ).
October 22, 2020 Opinion or Order Filing 222 ***FILED IN ERROR. PLEASE DISREGARD. NOW ATTACHED TO DKT #220 .*** Additional Attachments to Main Document: #220 Response to Motion,.. (Clift, Gregory) Modified on 10/22/2020 (rpc, ).
October 21, 2020 Opinion or Order Filing 221 RESPONSE to Motion re #213 Supplemental MOTION for Summary Judgment , #211 MOTION for Summary Judgment filed by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Attachments: #1 Appendix)(Clift, Gregory) (Additional attachment(s) added on 10/22/2020: #2 Text of Proposed Order) (rpc, ).
October 21, 2020 Opinion or Order Filing 220 RESPONSE to Motion re #186 MOTION for Partial Summary Judgment filed by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Attachments: #1 Appendix)(Clift, Gregory) (Additional attachment(s) added on 10/22/2020: #2 Text of Proposed Order) (rpc, ).
October 21, 2020 Opinion or Order Filing 219 RESPONSE in Opposition re #186 MOTION for Partial Summary Judgment to Establish Liability filed by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Attachments: #1 Exhibit Excerpts from hearing, #2 Exhibit Declaration of Andrea Jones, #3 Exhibit Declaration of Jeff Hill, #4 Exhibit Declaration of Dominic Verrillo, #5 Exhibit Declaration of Kimberley Meegan)(Babb, Kenneth)
October 21, 2020 Opinion or Order Filing 218 RESPONSE to Motion re #189 MOTION for Summary Judgment filed by BioTE Medical, LLC. (Lurich, Ryan)
October 21, 2020 Opinion or Order Filing 217 RESPONSE to Motion re #192 MOTION for Summary Judgment and Brief In Support filed by BioTE Medical, LLC. (Lurich, Ryan)
October 21, 2020 Opinion or Order Filing 216 Additional Attachments to Main Document #217 RESPONSE to Motion re #192 MOTION for Summary Judgment and Brief In Support and #218 RESPONSE to Motion re #189 MOTION for Summary Judgment:. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC, #56 Exhibit DDD, #57 Exhibit EEE, #58 Exhibit FFF, #59 Exhibit GGG, #60 Exhibit HHH, #61 Exhibit III, #62 Exhibit JJJ, #63 Exhibit KKK, #64 Exhibit LLL)(Lurich, Ryan) Modified on 10/21/2020 (rpc, ).
October 21, 2020 Opinion or Order Filing 215 ORDER granting #190 Motion for Leave to Amend Answer. Docket #193 is deemed filed. Signed by District Judge Amos L. Mazzant, III on 10/21/2020. (rpc, )
October 14, 2020 Opinion or Order Filing 214 RESPONSE to Motion re #212 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(2) and Brief in Support, #162 Third Party MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Brief in Support EVEXIAS/FARMAKEIO DEFENDANTS' SUPPLEMENTAL RESPONSE TO THIRD-PARTY DEFENDANTS MARK HINCHER, MARK ORR, AND AMY PITARRA'S RULE 12(b)(2) MOTIONS TO DISMISS filed by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Clift, Gregory)
September 30, 2020 Opinion or Order Filing 213 Supplemental MOTION for Summary Judgment by BioTE Medical, LLC, Gary Donovitz, Mark Hincher, Mark Orr, Amy Pitarra, Cory Wayne Rice, Terry Weber. (Attachments: #1 Exhibit A)(Lurich, Ryan) (Additional attachment(s) added on 10/2/2020: #2 Text of Proposed Order) (rpc, ).
September 30, 2020 Opinion or Order Filing 212 MOTION to Dismiss for Lack of Jurisdiction Rule 12(b)(2) and Brief in Support by Mark Hincher, Mark Orr, Amy Pitarra, Cory Wayne Rice, Terry Weber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order Order Granting Third Party Defendants' Rule 12(b)(2) Motion to Dismiss)(Lurich, Ryan)
September 30, 2020 Opinion or Order Filing 211 MOTION for Summary Judgment by BioTE Medical, LLC, Gary Donovitz, Mark Hincher, Mark Orr, Cory Wayne Rice, Terry Weber. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Text of Proposed Order Granting Motion for Summary Judgment)(Lurich, Ryan)
September 18, 2020 Opinion or Order Filing 210 ORDER granting #209 Motion to Extend Summary Judgment Response Deadlines. Responses to #186 MOTION for Partial Summary Judgment, #189 MOTION for Summary Judgment, #192 MOTION for Summary Judgment and Brief In Support. and any other dispositive motions filed on or before the current September 30, 2020 deadline is October 21, 2020. Signed by District Judge Amos L. Mazzant, III on 9/18/2020. (rpc, )
September 17, 2020 Opinion or Order Filing 209 Joint MOTION for Extension of Time to File Response/Reply as to #189 MOTION for Summary Judgment , #192 MOTION for Summary Judgment and Brief In Support, #186 MOTION for Partial Summary Judgment by BioTE Medical, LLC, Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte, Mark Burns, Andrea Jones, Jeff Hill, Dominic Verrilli, Kimberley Meegan. (Attachments: #1 Text of Proposed Order Order Granting Second Motion to Extend Summary Judgment Response Deadlines)(Lurich, Ryan) Modified on 9/17/2020 (rpc, ).
September 17, 2020 Opinion or Order Counsel are reminded to please send courtesy copies to the Court in accordance with the January 30, 2019 docket entry in this case. (tls)
September 16, 2020 Opinion or Order Filing 208 ORDER granting #182 Motion to Extend Certain Deadlines. Signed by District Judge Amos L. Mazzant, III on 9/16/2020. (rpc, )
September 16, 2020 Opinion or Order Set/Reset Scheduling Order Deadlines: Discovery due by 12/18/2020. Motions due by 9/30/2020. (rpc, )
September 15, 2020 Opinion or Order Filing 207 RESPONSE in Opposition re #197 MOTION to Strike #184 Notice of Discovery Disclosure filed by BioTE Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lurich, Ryan)
September 8, 2020 Opinion or Order Filing 206 REPLY to Response to Motion re #190 MOTION to Amend/Correct #149 Answer to Complaint filed by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Babb, Kenneth)
September 4, 2020 Opinion or Order Filing 205 ORDER granting #204 Motion to Extend Summary Judgment Deadline. ORDERED that the deadline for Defendants Andrea Jones, Jeff Hill, Dominic Verrilli, and Kimberley Meegan to respond to Plaintiff's Motion for Summary Judgment (Dkt. #186 ) is hereby extended to and including Friday, September 18, 2020. Signed by District Judge Amos L. Mazzant, III on 9/4/2020. (rpc, )
September 3, 2020 Opinion or Order Filing 204 Joint MOTION for Extension of Time to File Response/Reply as to #186 MOTION for Partial Summary Judgment unopposed by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Attachments: #1 Text of Proposed Order Proposed Order)(Babb, Kenneth)
September 3, 2020 Opinion or Order Filing 203 ORDER granting in part #199 Motion for Extension of Time. Response due by 9/18/2020. Signed by District Judge Amos L. Mazzant, III on 9/3/2020. (rpc, )
September 3, 2020 Opinion or Order Filing 202 ORDER granting #200 Motion for Extension of Time. Responses due by 9/18/2020. Signed by District Judge Amos L. Mazzant, III on 9/3/2020. (rpc, )
September 2, 2020 Opinion or Order Filing 201 REPORT of Mediation by John Shipp. Mediation result: impasse(Shipp, John)
September 2, 2020 Opinion or Order Filing 200 Joint MOTION for Extension of Time to File Response/Reply as to #189 MOTION for Summary Judgment , #192 MOTION for Summary Judgment and Brief In Support, #186 MOTION for Partial Summary Judgment by BioTE Medical, LLC, Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte, Mark P. Burns. (Attachments: #1 Text of Proposed Order Granting Extension of Certain Summary Judgment Response Deadlines)(Lurich, Ryan) Modified on 9/3/2020 (rpc, ).
September 2, 2020 Opinion or Order Filing 199 Opposed MOTION for Extension of Time to File Response/Reply as to #189 MOTION for Summary Judgment Response Deadline as to Individual Defendants by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order Granting Extension of Time to Respond to Summary Judgment Motions)(Lurich, Ryan)
September 1, 2020 Opinion or Order Filing 198 RESPONSE to Motion re #190 MOTION to Amend/Correct #149 Answer to Complaint filed by Mark P. Burns, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Attachments: #1 Text of Proposed Order)(Clift, Gregory) (Attachment 1 replaced on 9/3/2020) (daj, ).
September 1, 2020 Opinion or Order Filing 197 MOTION to Strike #184 Notice of Discovery Disclosure by Mark P. Burns, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Attachments: #1 Appendix, #2 Text of Proposed Order)(Clift, Gregory) (Attachment 2 replaced on 9/2/2020) (daj, ).
August 19, 2020 Opinion or Order Filing 196 ORDER granting #195 Motion to Withdraw and Substitute Counsel of Record forDefendant Mark Burns. IT IS THEREFORE ORDERED, that Patrick Babb and Fox Rothschild, LLP are hereby withdrawn as attorneys of record for Mark Burns. IT IS FURTHER ORDERED that Rogge Dunn, Gregory M. Clift, and Rogge Dunn Group, PC are substituted in as attorneys of record for Mark Burns. Signed by District Judge Amos L. Mazzant, III on 8/19/2020. (rpc, )
August 19, 2020 Opinion or Order Filing 195 Unopposed MOTION to Withdraw as Attorney for Mark Burns, Unopposed MOTION to Substitute Attorney for Mark Burns by Mark P. Burns. (Attachments: #1 Text of Proposed Order on Motion to Withdraw and Substitute Counsel for Mark Burns)(Clift, Gregory) (Attachment 1 replaced on 8/19/2020) (rpc, ).
August 19, 2020 Opinion or Order Filing 194 ***FILED IN ERROR. PLEASE DISREGARD*** Additional Attachments to Main Document: Notice of Deficiency.. (Attachments: #1 Text of Proposed Order on Motion to Withdraw and Substitute Counsel for Mark Burns)(Clift, Gregory) Modified on 8/19/2020 (rpc, ).
August 19, 2020 Opinion or Order Filing 193 Amended ANSWER to #1 Complaint,,,, by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli.(Babb, Kenneth)
August 19, 2020 Opinion or Order NOTICE of Deficiency regarding the #188 MOTION to Withdraw and Substitute Counsel of Record submitted by Mark P. Burns. The Motion is missing a Certificate of Conference and proposed order. Correction should be made by one business day. (rpc, )
August 19, 2020 Opinion or Order NOTICE of Deficiency regarding the #194 Additional Attachments to Main Document submitted by Mark P. Burns. The Original Motion is no longer active and needs to be refiled with the Certificate of Conference included. Correction should be made by one business day. (rpc, )
August 18, 2020 Opinion or Order Filing 192 MOTION for Summary Judgment and Brief In Support by Mark P. Burns, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Attachments: #1 Appendix)(Clift, Gregory) (Additional attachment(s) added on 8/19/2020: #2 Text of Proposed Order) (rpc, ).
August 18, 2020 Opinion or Order Filing 191 NOTICE of Discovery Disclosure by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli (Babb, Kenneth)
August 18, 2020 Opinion or Order Filing 190 MOTION to Amend/Correct #149 Answer to Complaint by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Attachments: #1 Exhibit A)(Babb, Kenneth) (Additional attachment(s) added on 8/19/2020: #2 Text of Proposed Order) (rpc, ).
August 18, 2020 Opinion or Order Filing 189 MOTION for Summary Judgment by Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. Responses due by 9/8/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Babb, Kenneth) (Additional attachment(s) added on 8/19/2020: #6 Text of Proposed Order) (rpc, ).
August 18, 2020 Opinion or Order Filing 188 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION to Withdraw and Substitute Counsel of Record by Mark P. Burns. (Dunn, Rogge) Modified on 8/19/2020 (rpc, ).
August 18, 2020 Opinion or Order Filing 187 NOTICE of Discovery Disclosure by Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte Expert Designations (Dunn, Rogge)
August 18, 2020 Opinion or Order Filing 186 MOTION for Partial Summary Judgment by BioTE Medical, LLC. Responses due by 9/8/2020 (Lurich, Ryan) (Additional attachment(s) added on 8/19/2020: #1 Text of Proposed Order) (rpc, ).
August 3, 2020 Opinion or Order Filing 185 RESPONSE to Motion re #182 Unopposed MOTION Extend Certain Deadlines re #177 Scheduling Order, Partially Unopposed filed by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Clift, Gregory)
July 21, 2020 Opinion or Order Filing 184 NOTICE of Discovery Disclosure by BioTE Medical, LLC Plaintiff's Expert Designation (Attachments: #1 Exhibit 1)(Lurich, Ryan)
July 20, 2020 Opinion or Order Filing 183 ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this court's Mediation Plan. By agreement of the parties, the mediator assigned is John B. Shipp, Esq. Signed by District Judge Amos L. Mazzant, III on 7/20/2020. (rpc, )
July 20, 2020 Opinion or Order Filing 182 Partially Unopposed MOTION Extend Certain Deadlines re #177 Scheduling Order, Partially Unopposed by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order)(Lurich, Ryan) Modified on 7/21/2020 (rpc, ).
July 17, 2020 Opinion or Order Filing 181 NOTICE of Designation of Mediator, John B. Shipp, filed by BioTE Medical, LLC, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, Gary Donovitz, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Mark Hincher, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Mark Orr, Amy Pitarra, Cory Wayne Rice, Cory Rice, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte, Terry Weber. (Lurich, Ryan)
June 15, 2020 Opinion or Order Filing 180 Plaintiff's and Third Party Defendants' ANSWER to #151 Answer to Complaint,,,, Third Party Complaint,,,, Counterclaim,,, by BioTE Medical, LLC, Gary Donovitz, Mark Hincher, Mark Orr, Amy Pitarra, Cory Wayne Rice, Terry Weber.(Lurich, Ryan)
June 1, 2020 Opinion or Order Filing 179 MEMORANDUM OPINION AND ORDER. It is hereby ORDERED that Plaintiff's Rule 12(b)(1) and 12(b)(6) Motion to Dismiss and Brief in Support (Dkt. #157 ) and Third-Party Defendants' Rule 12(b)(1), 12(b)(2), and 12(b)(6) Motion to Dismiss and Brief in Support (Dkt. #162 ) are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 6/1/2020. (rpc, )
May 29, 2020 Opinion or Order Filing 178 MEMORANDUM OPINION AND ORDER. Plaintiff's Motion and Brief for Order Disqualifying Rogge Dunn Group, PC as Counsel of Record for its Clients Herein (Dkt. #163 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 5/29/2020. (rpc, )
May 28, 2020 Opinion or Order Filing 177 SCHEDULING ORDER: Final Pretrial Conference set for 2/26/2021 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 8/4/2020. Discovery due by 10/27/2020. Joinder of Parties due by 6/23/2020. Jury instructions due by 2/12/2021. Mediation Completion due by 8/28/2020. Motions due by 8/18/2020. Proposed Pretrial Order due by 1/27/2021. Signed by District Judge Amos L. Mazzant, III on 5/28/2020. (rpc, )
May 15, 2020 Opinion or Order Filing 176 ORDER. ORDERED that all claims asserted herein, or which could have been asserted herein by Plaintiff BioTE Medical, LLC against Defendants Michael Cole and Sutherland Solutions, LLC are hereby dismissed with prejudice. IT IS FURTHER ORDERED that all counterclaims asserted herein, or which could have been asserted herein by Defendants Michael Cole and Sutherland Solutions, LLC against Plaintiff BioTE Medical, LLC are hereby dismissed with prejudice. IT IS FURTHER ORDERED that nothing in this Order effects or should be construed to effect Plaintiff BioTE Medical, LLC's claims or relief sought against any other party in this lawsuit. Signed by District Judge Amos L. Mazzant, III on 5/15/2020. (rpc, )
March 19, 2020 Opinion or Order Filing 175 STIPULATION of Dismissal Partial Dismissal with Prejudice by BioTE Medical, LLC, Michael S. Cole. (Attachments: #1 Text of Proposed Order)(Lurich, Ryan)
January 24, 2020 Opinion or Order Filing 174 REPLY to Response to Motion re #157 MOTION to Dismiss for Lack of Jurisdiction and for failure to state claim by BioTE Medical, LLC and #162 Third Party MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Brief in Support filed by BioTE Medical, LLC, Gary Donovitz, Mark Hincher, Mark Orr, Amy Pitarra, Cory Wayne Rice, Terry Weber. (Lurich, Ryan) Modified on 1/27/2020 (rpc, ).
January 24, 2020 Opinion or Order Filing 173 REPLY to Response to Motion re #163 MOTION to Disqualify Counsel and Brief filed by BioTE Medical, LLC. (Lurich, Ryan)
January 20, 2020 Opinion or Order Filing 172 ORDER granting #171 Motion for Extension of Time to File Reply to #162 Third Party MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Brief in Support and #163 MOTION to Disqualify Counsel and Brief. Replies due by 1/24/2020. Signed by District Judge Amos L. Mazzant, III on 1/20/2020. (rpc, )
January 15, 2020 Opinion or Order Filing 171 Unopposed MOTION for Extension of Time to File Response/Reply as to #169 Response in Opposition to Motion,,, #170 Response in Opposition to Motion,,, Disqualifying Rogge Dunn Group, PC and Motion to Dismiss by BioTE Medical, LLC, Gary Donovitz, Mark Hincher, Mark Orr, Amy Pitarra, Cory Wayne Rice, Terry Weber. (Attachments: #1 Text of Proposed Order Granting Extension of Time to File Reply)(Lurich, Ryan)
January 9, 2020 Opinion or Order Filing 170 RESPONSE in Opposition re #162 Third Party MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Brief in Support filed by Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte. (Attachments: #1 Appendix in Support, #2 Text of Proposed Order)(Clift, Gregory)
January 9, 2020 Opinion or Order Filing 169 RESPONSE in Opposition re #163 MOTION to Disqualify Counsel and Brief filed by Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte. (Attachments: #1 Appendix in Support, #2 Text of Proposed Order)(Clift, Gregory)
January 9, 2020 Opinion or Order Filing 168 RESPONSE in Opposition re #157 MOTION to Dismiss for Lack of Jurisdiction and for failure to state claim filed by Terri J. DeNeui, Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., North American Custom Laboratories. (Attachments: #1 Appendix in Support, #2 Text of Proposed Order)(Clift, Gregory)
December 20, 2019 Opinion or Order Filing 167 ORDER granting #165 Motion for Extension of Time to File Response to #163 MOTION to Disqualify Counsel and Brief. The deadline for Defendants to file a response to the motion is extended to January 9, 2020. Signed by District Judge Amos L. Mazzant, III on 12/20/2019. (rpc, )
December 20, 2019 Opinion or Order Filing 166 ORDER granting #164 Motion for Extension of Time to File Response to #162 Third Party MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Brief in Support. The deadline for Third-Party Plaintiffs to file a response to the motion is extended to January 9, 2020. Signed by District Judge Amos L. Mazzant, III on 12/20/2019. (rpc, )
December 19, 2019 Opinion or Order Filing 165 Agreed MOTION for Extension of Time to File Response/Reply by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte. (Attachments: #1 Text of Proposed Order)(Clift, Gregory)
December 19, 2019 Opinion or Order Filing 164 Agreed MOTION for Extension of Time to File Response/Reply as to #162 Third Party MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Brief in Support by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte. (Attachments: #1 Text of Proposed Order)(Clift, Gregory)
December 6, 2019 Opinion or Order Filing 163 MOTION to Disqualify Counsel and Brief by BioTE Medical, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit 2, #5 Text of Proposed Order)(Lurich, Ryan)
December 6, 2019 Opinion or Order Filing 162 Third Party MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and Brief in Support by BioTE Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Lurich, Ryan)
November 18, 2019 Opinion or Order Filing 161 ORDER granting #160 Motion for Extension of Time to File Response to #157 MOTION to Dismiss for Lack of Jurisdiction and for failure to state claim. The deadline for Defendants to file a response to the motion is extended to January 9, 2020. Signed by District Judge Amos L. Mazzant, III on 11/18/2019. (rpc, )
November 15, 2019 Opinion or Order Filing 160 Unopposed MOTION for Extension of Time to File Response/Reply as to #157 MOTION to Dismiss for Lack of Jurisdiction and for failure to state claim by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Attachments: #1 Text of Proposed Order On Unopposed Second Motion to Extend Time to Respond to Plaintiff's 12(b)(1) and 12(b)(6) Motion to Dismiss)(Clift, Gregory)
November 6, 2019 Opinion or Order Filing 159 ORDER granting #158 Motion for Extension of Time to Respond to Plaintiff's Motion to Dismiss. The deadline for Defendants to file a response to the motion is extended to November 15, 2019. Signed by District Judge Amos L. Mazzant, III on 11/6/2019. (rpc, )
October 31, 2019 Opinion or Order Filing 158 Unopposed MOTION Extend Time to Respond to Pl's Motion to Dismiss re #157 MOTION to Dismiss for Lack of Jurisdiction and for failure to state claim by Evexias Medical Centers, PLLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Dunn, Rogge) (Attachment 1 replaced on 10/31/2019) (rpc, ).
October 22, 2019 Opinion or Order Filing 157 MOTION to Dismiss for Lack of Jurisdiction and for failure to state claim by BioTE Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lurich, Ryan) (Additional attachment(s) added on 10/22/2019: #3 Text of Proposed Order) (rpc, ).
October 21, 2019 Opinion or Order NOTICE of Deficiency regarding the #156 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State submitted by BioTE Medical, LLC. The exhibits were not filed as separate attachments, Local Rule CV-5. A proposed order is required with Motions, Local Rul CV-7. Correction should be made by one business day. (rpc, )
October 18, 2019 Opinion or Order Filing 156 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by BioTE Medical, LLC. (Lurich, Ryan) Modified on 10/21/2019 (rpc, ).
October 16, 2019 Opinion or Order Filing 155 WAIVER OF SERVICE Returned Executed by Mark Hincher, Cory Wayne Rice, Terry Weber, Gary Donovitz, Mark Orr, Amy Pitarra. Mark Hincher waiver sent on 10/7/2019, answer due 12/6/2019; Cory Wayne Rice waiver sent on 10/7/2019, answer due 12/6/2019; Terry Weber waiver sent on 10/7/2019, answer due 12/6/2019; Gary Donovitz waiver sent on 10/7/2019, answer due 12/6/2019; Mark Orr waiver sent on 10/7/2019, answer due 12/6/2019; Amy Pitarra waiver sent on 10/7/2019, answer due 12/6/2019; Cory Rice waiver sent on 10/7/2019, answer due 12/6/2019. (Clift, Gregory)
October 4, 2019 Opinion or Order Filing 154 ORDER granting #153 Motion for Extension of Time to File an Answer to Counterclaim and Third-Party Complaint. The Court hereby ORDERS Plaintiff to file its answer or other response no later than October 18, 2019. Signed by District Judge Amos L. Mazzant, III on 10/4/2019. (rpc, )
October 3, 2019 Opinion or Order Filing 153 Unopposed MOTION for Extension of Time to File Answer re #151 Answer to Complaint,,,, Third Party Complaint,,,, Counterclaim,,, by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order)(Lurich, Ryan)
September 16, 2019 Opinion or Order Filing 152 DEMAND for Trial by Jury by BioTE Medical, LLC. (Lurich, Ryan)
September 13, 2019 Opinion or Order Filing 151 ANSWER to #1 Complaint,,,, , THIRD PARTY COMPLAINT against Mark Hincher, Terry Weber, Cory Wayne Rice, Gary Donovitz, Amy Pitarra, Mark Orr, COUNTERCLAIM against Cory Rice, Mark Orr by Evexias Management, LLC, Evexias Metrita-Columbia, LLC, Robert Alan Harris, Jeff DeNeui, Sutherland Solutions, LLC, Kent Jacobsen, Evexias HRT, LLC, Nicole Turcotte, Forget About It, Inc., Evexias Health Solutions, LLC, EvexiPEL, Justin Graves, Michael Sheffield, MD, Gunther Mueller, Evexias Medical Centers, PLLC, Evexias-Anthem Alaska, LLC, Dan Mikals, Martin Groves, Neal Rouzier, MD, Evexias Holding Co, LLC, Michael S. Cole, Nilus, LLC, Jeni Guinn, North American Custom Laboratories, John Thomas, Lisa Mikals, Wendy Sandoval, Farmakeio Outsourcing, LLC, Dustin C. DeNeui, Daniel D. DeNeui, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Terri J. DeNeui.(Clift, Gregory)
September 11, 2019 Opinion or Order Filing 150 FILED IN ERROR. Vacation notices are not accepted for filing by the Clerk. Please ignore. NOTICE by Mark P. Burns, Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli vacation/paternity leave (Babb, Kenneth) Modified on 9/11/2019 (rpc, ).
September 11, 2019 Opinion or Order NOTICE of Deficiency regarding the #150 NOTICE vacation/paternity leave submitted by Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. Correspondence should not be filed on the docket. Filings must be in pleading format. (rpc, )
September 6, 2019 Opinion or Order Filing 149 Independent Defendants' ANSWER to #1 Complaint,,,, by Mark P. Burns, Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli.(Babb, Kenneth)
August 30, 2019 Opinion or Order Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Evexias Metrita-Columbia, LLC to 9/13/2019; Evexias Management, LLC to 9/13/2019; Robert Alan Harris to 9/13/2019; Jeff DeNeui to 9/13/2019; Kent Jacobsen to 9/13/2019; Evexias HRT, LLC to 9/13/2019; Nicole Turcotte to 9/13/2019; Forget About It, Inc. to 9/13/2019; Evexias Health Solutions, LLC to 9/13/2019; EvexiPEL to 9/13/2019; Justin Graves to 9/13/2019; Michael Sheffield, MD to 9/13/2019; Gunther Mueller to 9/13/2019; Evexias Medical Centers, PLLC to 9/13/2019; Evexias-Anthem Alaska, LLC to 9/13/2019; Dan Mikals to 9/13/2019; Martin Groves to 9/13/2019; Neal Rouzier, MD to 9/13/2019; Evexias Holding Co, LLC to 9/13/2019; Michael S. Cole to 9/13/2019; Nilus, LLC to 9/13/2019; Jeni Guinn to 9/13/2019; North American Custom Laboratories to 9/13/2019; John Thomas to 9/13/2019; Lisa Mikals to 9/13/2019; Wendy Sandoval to 9/13/2019; Farmakeio Outsourcing, LLC to 9/13/2019; Dustin C. DeNeui to 9/13/2019; Daniel D. DeNeui to 9/13/2019; Evexias-Anthem Columbia, LLC to 9/13/2019; Farmakeio Nutraceuticals, LLC to 9/13/2019; Terri J. DeNeui to 9/13/2019. 8 Days Granted for Deadline Extension.( rpc, )
August 29, 2019 Opinion or Order Filing 148 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte.( Clift, Gregory)
August 22, 2019 Opinion or Order Filing 147 ORDER. It is ORDERED that Evexias/Farmakeio Defendants' Motion to Dismiss (Dkt. #83 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 8/22/2019. (rpc, )
August 22, 2019 Opinion or Order Filing 146 ORDER. It is ORDERED that Defendants' Motion to Dismiss (Dkt. #49 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 8/22/2019. (rpc, )
August 21, 2019 Opinion or Order Filing 145 MEMORANDUM OPINION AND ORDER. It is ORDERED that BioTE's Application for Injunctive Relief (Dkt. #40 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 8/21/2019. (rpc, )
August 5, 2019 Opinion or Order Filing 144 RESPONSE in Opposition re #40 MOTION for Preliminary Injunction Relief and Application filed by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Clift, Gregory)
August 5, 2019 Opinion or Order Filing 143 RESPONSE in Opposition re #40 MOTION for Preliminary Injunction Relief and Application filed by Mark P. Burns, Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Babb, Kenneth)
August 5, 2019 Opinion or Order Filing 142 RESPONSE to #139 Response in Opposition to Motion,,, filed by BioTE Medical, LLC. (Lurich, Ryan)
August 5, 2019 Opinion or Order Filing 141 RESPONSE to #136 Response to Non-Motion filed by BioTE Medical, LLC. (Lurich, Ryan)
August 1, 2019 Opinion or Order Filing 140 ORDER granting #135 Motion for Extension of Time to File. It is therefore ORDERED that the deadline for all parties to file their post-injunction hearing brief is extended to Tuesday, July 30, 2019. Reply briefs shall be filed by Monday, August 5, 2019. Signed by District Judge Amos L. Mazzant, III on 8/1/2019. (rpc, )
July 30, 2019 Opinion or Order Filing 139 RESPONSE in Opposition re #40 MOTION for Preliminary Injunction Relief and Application Post-Hearing Brief filed by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Clift, Gregory)
July 30, 2019 Opinion or Order Filing 138 RESPONSE in Support re #40 MOTION for Preliminary Injunction Relief and Application Post-Hearing Closing Brief filed by BioTE Medical, LLC. (Attachments: #1 Exhibit A)(Lurich, Ryan)
July 30, 2019 Opinion or Order Filing 137 NOTICE by BioTE Medical, LLC of Deposition Designations for Gunther Mueller Testimony (Lurich, Ryan)
July 30, 2019 Opinion or Order Filing 136 RESPONSE to #1 Complaint,,,, Opening Supplemental Briefing Re Plaintiff's Application for Injunctive Relief by Mark P. Burns, Jeff Hill, Kimberly Meegan, Dominic Verrilli. (Babb, Kenneth)
July 29, 2019 Opinion or Order Filing 135 Unopposed MOTION for Extension of Time to File Post Hearing Briefing Deadline by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order)(Lurich, Ryan)
July 15, 2019 Opinion or Order Filing 134 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on June 28, 2019 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (99 pages) Motion to Redact due 8/5/2019. Release of Transcript Restriction set for 10/14/2019. (jm, )
July 15, 2019 Opinion or Order Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on June 27, 2019 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (204 pages) Motion to Redact due 8/5/2019. Release of Transcript Restriction set for 10/14/2019. (jm, )
July 15, 2019 Opinion or Order Filing 132 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on May 30, 2019 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (152 pages) Motion to Redact due 8/5/2019. Release of Transcript Restriction set for 10/14/2019. (jm, )
July 8, 2019 Opinion or Order Filing 131 PAPER TRANSCRIPT REQUEST by Kent Jacobsen for proceedings held on 6/27/19-6/28/19 before Judge Amos L. Mazzant. (Dunn, Rogge) (To be transcribed by Jan Mason, Forwarded to Jan Mason on 7/8/19) (ljw, ).
June 28, 2019 Opinion or Order Filing 130 Preliminary Injunction Exhibit List by Defendants, Daniel D. and Terri DeNeui.(kkc, )
June 28, 2019 Opinion or Order Filing 129 Preliminary Injunction Exhibit List by BioTE Medical, LLC.(kkc, )
June 28, 2019 Opinion or Order Filing 128 Preliminary Injunction Witness List.(kkc, )
June 28, 2019 Opinion or Order Filing 127 PAPER TRANSCRIPT REQUEST by BioTE Medical, LLC for proceedings held on 6/27/19-6/28/19 - Temporary Injunction before Judge Amos L. Mazzant, III. (Lurich, Ryan) (Main Document 127 replaced with flattened version on 6/28/2019) (ljw, ). (To be transcribed by Jan Mason, Forwarded to Jan Mason on 6/28/19)(ljw, ).
June 28, 2019 Opinion or Order Filing 126 Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Preliminary Injunction Evidentiary Hearing held on 6/28/2019. (Court Reporter Jan Mason.) (kkc, )
June 27, 2019 Opinion or Order Filing 125 Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Motion Hearing held on 6/27/2019 at 9:03 a.m. re #40 MOTION for Preliminary Injunction Relief and Application filed by BioTE Medical, LLC. Court adjourned at 4:13 p.m. (Court Reporter Jan Mason.) (kkc, )
June 26, 2019 Opinion or Order Filing 124 Defendants' Preliminary Injunction Witness List by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte. (Clift, Gregory)
June 26, 2019 Opinion or Order Filing 123 Preliminary Injunction Witness List by BioTE Medical, LLC. (Lurich, Ryan)
June 24, 2019 Opinion or Order Filing 122 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Justin Graves (Lurich, Ryan)
June 20, 2019 Opinion or Order Filing 121 NOTICE by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte Return of Service of Subpoena to Gary Donovitz (Clift, Gregory)
June 14, 2019 Opinion or Order Filing 120 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Cody Boatman (Lurich, Ryan)
May 31, 2019 Opinion or Order Filing 119 PAPER TRANSCRIPT REQUEST by Daniel D. DeNeui for proceedings held on 5/30/2019 before Judge Amos L. Mazzant. (Dunn, Rogge) (To be transcribed by Jan Mason, Forwarded to Jan Mason on 5/31/19) (ljw, ).
May 30, 2019 Opinion or Order Filing 118 PAPER TRANSCRIPT REQUEST by BioTE Medical, LLC for proceedings held on 5/30/2019 - Preliminary Injunction before Judge Amos L. Mazzant, III. (Lurich, Ryan) (To be transcribed by Jan Mason, Forwarded to Jan Mason on 5/30/19)(ljw, ). (Main Document 118 replaced with flattened version on 5/30/2019) (ljw, ).
May 30, 2019 Opinion or Order Filing 117 Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Preliminary Injunction/Evidentiary Hearing held on 5/30/2019. (Court Reporter Jan Mason.) (kkc, )
May 30, 2019 Opinion or Order NOTICE of Continuation of Hearing on #40 MOTION for Preliminary Injunction Relief and Application set for 6/27/2019 at 9:00 a.m. in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. (kkc, )
May 30, 2019 Opinion or Order NOTICE of Continuation of Hearing on #40 MOTION for Preliminary Injunction Relief and Application set for 6/28/2019 at 9:00 a.m. in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. (kkc, )
May 28, 2019 Opinion or Order Filing 116 NOTICE by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte Return of Service of Subpoena to DeAn Strobel (Clift, Gregory)
May 28, 2019 Opinion or Order Filing 115 REPORT of Mediation by Jeff Kaplan. Mediation result: Negotiations are still ongoing regarding issues related to the preliminary injunction hearing set for May 30, 2019, but no agreement has been reached(Kaplan, Jeff)
May 28, 2019 Opinion or Order Filing 114 ORDER. It is ORDERED that Dr. Cory Rice's Emergency Motion to Quash Subpoena (Dkt. #110 ) is GRANTED. Signed by District Judge Amos L. Mazzant, III on 5/28/2019. (rpc, )
May 24, 2019 Opinion or Order Filing 113 NOTICE by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte Return of Service of Subpoena to Cory Rice (Clift, Gregory)
May 24, 2019 Opinion or Order Filing 112 NOTICE by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte Return of Service of Subpoena to Terry Weber (Clift, Gregory)
May 24, 2019 Opinion or Order Filing 111 NOTICE by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte Return of Service of Subpoena to Brad Jowell (Clift, Gregory)
May 24, 2019 Opinion or Order Filing 110 Emergency MOTION to Quash Hearing Subpoena by Cory Rice. (Lurich, Ryan) (Additional attachment(s) added on 5/24/2019: #1 Text of Proposed Order) (rpc, ).
May 24, 2019 Opinion or Order Filing 109 RESPONSE to Motion re #107 Emergency MOTION to Quash Entity Hearing Subpoenas filed by BioTE Medical, LLC. (Lurich, Ryan)
May 24, 2019 Opinion or Order Set/Reset Hearings (TIME CHANGE): Evidentiary Hearing reset for 5/30/2019 08:30 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. (tls)
May 23, 2019 Opinion or Order Filing 108 ORDER re #107 Emergency MOTION to Quash Entity Hearing Subpoenas. It is hereby ORDERED that Plaintiff shall file a response to the motion toquash no later than 5:00 p.m. on Friday, May 24, 2019. Signed by District Judge Amos L. Mazzant, III on 5/23/2019. (rpc, )
May 23, 2019 Opinion or Order Filing 107 Emergency MOTION to Quash Entity Hearing Subpoenas by EvexiPEL, Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, Farmakeio Outsourcing, LLC, North American Custom Laboratories. (Attachments: #1 Exhibit A - Subpoena to Evexias Health, #2 Exhibit B - Subpoena to Evexipel, #3 Exhibit C- Subpoena to North American, #4 Exhibit D - Subpoena to Farmakeio, #5 Exhibit E- Subpoena to Evexias Medical)(Clift, Gregory) (Additional attachment(s) added on 5/23/2019: #6 Text of Proposed Order) (rpc, ).
May 23, 2019 Opinion or Order Filing 106 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** Emergency MOTION to Quash Entity Hearing Subpoenas by EvexiPEL, Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, Farmakeio Outsourcing, LLC, North American Custom Laboratories. (Clift, Gregory) Modified on 5/23/2019 (rpc, ).
May 23, 2019 Opinion or Order NOTICE of Deficiency regarding the #106 Emergency MOTION to Quash Entity Hearing Subpoenas submitted by EvexiPEL, Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, Farmakeio Outsourcing, LLC, North American Custom Laboratories. The exhibits were not filed as separate attachments and a proposed order is missing. Correction should be made by one business day. (rpc, )
May 21, 2019 Opinion or Order Filing 105 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to John Thomas, MD (Lurich, Ryan)
May 21, 2019 Opinion or Order Filing 104 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Gunther Mueller (Lurich, Ryan)
May 21, 2019 Opinion or Order Filing 103 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Jeff DeNeui (Lurich, Ryan)
May 17, 2019 Opinion or Order Filing 102 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Farmakeio Outsourcing, LLC (Lurich, Ryan)
May 17, 2019 Opinion or Order Filing 101 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Evexias Health Solutions, LLC (Lurich, Ryan)
May 17, 2019 Opinion or Order Filing 100 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Evexias Medical Centers, PLLC (Lurich, Ryan)
May 17, 2019 Opinion or Order Filing 99 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Evexipel (Lurich, Ryan)
May 17, 2019 Opinion or Order Filing 98 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Terri DeNeui (Lurich, Ryan)
May 16, 2019 Opinion or Order Filing 97 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to North American Custom Laboratories aka Farmakeio (Lurich, Ryan)
May 16, 2019 Opinion or Order Filing 96 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Dan Mikals (Lurich, Ryan)
May 16, 2019 Opinion or Order Filing 95 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Kent Jacobsen (Lurich, Ryan)
May 16, 2019 Opinion or Order Filing 94 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Michael Sheffield, MD (Lurich, Ryan)
May 16, 2019 Opinion or Order Filing 93 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Jeni Guinn (Lurich, Ryan)
May 16, 2019 Opinion or Order Filing 92 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Michael Cole (Lurich, Ryan)
May 16, 2019 Opinion or Order Filing 91 NOTICE by BioTE Medical, LLC of Return of Service of Subpoena to Daniel DeNeui (Lurich, Ryan)
May 13, 2019 Opinion or Order Filing 90 REPLY to Response to Motion re #83 MOTION to Dismiss filed by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Dunn, Rogge)
May 10, 2019 Opinion or Order Filing 89 REPORT of Mediation by Jeff Kaplan. Mediation result: Impasse(Kaplan, Jeff)
May 8, 2019 Opinion or Order Filing 88 ORDER granting #87 Motion for Extension of Time to File Reply to Plaintiff's Response to Evexias/Farmakeio's Motion to Dismiss. The deadline for Defendants to file a reply to the response is extended to Monday, May 13, 2019. Signed by District Judge Amos L. Mazzant, III on 5/8/2019. (rpc, )
April 30, 2019 Opinion or Order Filing 87 Unopposed MOTION for Extension of Time to File Response/Reply as to #85 Response in Opposition to Motion by EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Clift, Gregory) (Attachment 1 replaced on 4/30/2019) (rpc, ).
April 30, 2019 Opinion or Order Filing 86 REPORT of Mediation by Jeff Kaplan. Mediation result: Substantial progress was made at the mediation, although no agreement was reached. The mediator will continue to work with the parties and file a supplemental report on or before May 10, 2019.(Kaplan, Jeff)
April 22, 2019 Opinion or Order Filing 85 RESPONSE in Opposition re #83 MOTION to Dismiss filed by BioTE Medical, LLC. (Lurich, Ryan)
April 5, 2019 Opinion or Order Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Scheduling Conference held on 4/5/2019. (no recording, no attachment) (tls)
April 4, 2019 Opinion or Order Filing 84 CORPORATE DISCLOSURE STATEMENT filed by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte (Clift, Gregory)
March 25, 2019 Opinion or Order Filing 83 MOTION to Dismiss by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, Sutherland Solutions, LLC, John Thomas, Nicole Turcotte. (Dunn, Rogge) (Additional attachment(s) added on 3/28/2019: #1 Text of Proposed Order) (rpc, ).
March 22, 2019 Opinion or Order Filing 82 REPORT of Rule 26(f) Planning Meeting. (Lurich, Ryan) (Additional attachment(s) added on 3/22/2019: #1 Plaintiff's Proposed Scheduling Order, #2 Defendant's Proposed Scheduling Order) (rpc, ).
March 18, 2019 Opinion or Order Filing 81 NOTICE by Mark P. Burns, Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli Pursuant to Local Rule CV-26(c) (Babb, Kenneth)
March 18, 2019 Opinion or Order Filing 80 NOTICE by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte Notice of Disclosure Completion (Dunn, Rogge)
February 26, 2019 Opinion or Order Filing 79 REPLY to Response to Motion re #49 MOTION to Dismiss 12(b)(2) and 12(b)(6) filed by Mark P. Burns, Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Babb, Kenneth)
February 19, 2019 Opinion or Order Filing 78 RESPONSE to Motion re #49 MOTION to Dismiss 12(b)(2) and 12(b)(6) and Brief in Support filed by BioTE Medical, LLC. (Lurich, Ryan)
February 15, 2019 Opinion or Order Filing 77 REPLY to Response to Motion re #40 MOTION for Preliminary Injunction Relief and Application to Individual Defendents filed by BioTE Medical, LLC. (Lurich, Ryan)
February 15, 2019 Opinion or Order Filing 76 REPLY to Response to Motion re #40 MOTION for Preliminary Injunction Relief and Application filed by BioTE Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Lurich, Ryan)
February 15, 2019 Opinion or Order Filing 75 ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 4/5/2019 at 9:30 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 3/22/2019. Signed by District Judge Amos L. Mazzant, III on 2/15/2019. (baf, )
February 15, 2019 Opinion or Order Filing 74 ORDER. Pending before the Court is Plaintiff Biote Medical, LLC's Application for Injunctive Relief. The Court hereby sets this matter for a evidentiary hearing set for 5/30/2019 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 2/15/2019. (baf, )
February 13, 2019 Opinion or Order Filing 73 ORDER granting #72 Motion for Extension of Time to File Response. The deadline for Plaintiff to file a response to the Motion to Dismiss is extended to Tuesday, February 19, 2019. Signed by District Judge Amos L. Mazzant, III on 2/13/2019. (rpc, )
February 11, 2019 Opinion or Order Filing 72 Unopposed MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Dismiss 12(b)(2) and 12(b)(6) by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Lurich, Ryan)
February 8, 2019 Opinion or Order Filing 71 ORDER granting #70 Motion for Extension of Time to File Reply. The deadline for Plaintiff to file a reply brief in support of its Application for Preliminary Injunctive Relief is extended to Friday, February 15, 2019. Signed by District Judge Amos L. Mazzant, III on 2/8/2019. (rpc, )
February 7, 2019 Opinion or Order Filing 70 Unopposed MOTION for Extension of Time to File Response/Reply as to #69 Response in Opposition to Motion,,,,,,,, #68 Response to Motion,, Application for Preliminary Injunction by BioTE Medical, LLC. (Attachments: #1 Text of Proposed Order Order Granting Extension of Time)(Lurich, Ryan) (Attachment 1 replaced on 2/7/2019) (rpc, ).
February 1, 2019 Opinion or Order Filing 69 RESPONSE in Opposition re #40 MOTION for Preliminary Injunction Relief and Application filed by Michael S. Cole, Daniel D. DeNeui, Dustin C. DeNeui, Jeff DeNeui, Terri J. DeNeui, EvexiPEL, Evexias HRT, LLC, Evexias Health Solutions, LLC, Evexias Holding Co, LLC, Evexias Management, LLC, Evexias Medical Centers, PLLC, Evexias Metrita-Columbia, LLC, Evexias-Anthem Alaska, LLC, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Farmakeio Outsourcing, LLC, Forget About It, Inc., Justin Graves, Martin Groves, Jeni Guinn, Robert Alan Harris, Kent Jacobsen, Dan Mikals, Lisa Mikals, Gunther Mueller, Nilus, LLC, North American Custom Laboratories, Neal Rouzier, MD, Wendy Sandoval, Michael Sheffield, MD, John Thomas, Nicole Turcotte. (Attachments: #1 Appendix in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #2 Exhibit A in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #3 Exhibit B (Part 1) in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #4 Exhibit B (Part 2) in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #5 Exhibit B (Part 3) in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #6 Exhibit C in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #7 Exhibit D in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #8 Exhibit E in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #9 Exhibit F (part 1) in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #10 Exhibit F (part 2) in support of Defendants' Response to Plaintiff's Application for Injunctive Relief, #11 Exhibit F (part 3) in support of Defendants' Response to Plaintiff's Application for Injunctive Relief)(Clift, Gregory)
February 1, 2019 Opinion or Order Filing 68 RESPONSE to Motion re #40 MOTION for Preliminary Injunction Relief and Application filed by Mark P. Burns, Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Attachments: #1 Exhibit Ex 1 Declaration of Andrea Jones, #2 Exhibit Ex 2 Declaration of Mark Burns, #3 Exhibit Ex 3 Declaration of Jeff Hill, #4 Exhibit Ex 4 Declaration of Dominic Verrilli, #5 Exhibit Ex 5 Declaration of Kimberley Meegan, #6 Text of Proposed Order Order Denying BioTE Medical, LLC's Application for Injunctive Relief)(Babb, Kenneth)
February 1, 2019 Opinion or Order Filing 67 SUMMONS Returned Executed by BioTE Medical, LLC. Mark P. Burns served on 1/24/2019, answer due 2/14/2019. (Lurich, Ryan)
January 31, 2019 Opinion or Order Filing 66 WAIVER OF SERVICE Returned Executed by BioTE Medical, LLC. Michael S. Cole waiver sent on 1/22/2019, answer due 3/25/2019; Daniel D. DeNeui waiver sent on 1/22/2019, answer due 3/25/2019; Dustin C. DeNeui waiver sent on 1/22/2019, answer due 3/25/2019; Jeff DeNeui waiver sent on 1/22/2019, answer due 3/25/2019; Terri J. DeNeui waiver sent on 1/22/2019, answer due 3/25/2019; EvexiPEL waiver sent on 1/22/2019, answer due 3/25/2019; Evexias HRT, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Evexias Health Solutions, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Evexias Holding Co, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Evexias Management, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Evexias Medical Centers, PLLC waiver sent on 1/22/2019, answer due 3/25/2019; Evexias Metrita-Columbia, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Evexias-Anthem Alaska, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Evexias-Anthem Columbia, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Farmakeio Nutraceuticals, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Farmakeio Outsourcing, LLC waiver sent on 1/22/2019, answer due 3/25/2019; Forget About It, Inc. waiver sent on 1/22/2019, answer due 3/25/2019; Justin Graves waiver sent on 1/22/2019, answer due 3/25/2019; Martin Groves waiver sent on 1/22/2019, answer due 3/25/2019; Jeni Guinn waiver sent on 1/22/2019, answer due 3/25/2019; Robert Alan Harris waiver sent on 1/22/2019, answer due 3/25/2019; Kent Jacobsen waiver sent on 1/22/2019, answer due 3/25/2019; Dan Mikals waiver sent on 1/22/2019, answer due 3/25/2019; Lisa Mikals waiver sent on 1/22/2019, answer due 3/25/2019; Gunther Mueller waiver sent on 1/22/2019, answer due 3/25/2019; Nilus, LLC waiver sent on 1/22/2019, answer due 3/25/2019; North American Custom Laboratories waiver sent on 1/22/2019, answer due 3/25/2019; Neal Rouzier, MD waiver sent on 1/22/2019, answer due 3/25/2019; Wendy Sandoval waiver sent on 1/22/2019, answer due 3/25/2019; Michael Sheffield, MD waiver sent on 1/22/2019, answer due 3/25/2019; John Thomas waiver sent on 1/22/2019, answer due 3/25/2019; Nicole Turcotte waiver sent on 1/22/2019, answer due 3/25/2019. (Lurich, Ryan)
January 31, 2019 Opinion or Order Filing 65 SUMMONS Returned Executed by BioTE Medical, LLC. Robert Alan Harris served on 1/16/2019, answer due 2/6/2019. (Lurich, Ryan)
January 30, 2019 Opinion or Order Filing 64 WAIVER OF SERVICE Returned Executed by BioTE Medical, LLC. Andrea C. Jones waiver sent on 1/22/2019, answer due 3/25/2019. (Lurich, Ryan)
January 30, 2019 Opinion or Order Filing 63 SUMMONS Returned Executed by BioTE Medical, LLC. Nicole Turcotte served on 1/29/2019, answer due 2/19/2019. (Lurich, Ryan)
January 30, 2019 Opinion or Order Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits. (tls)
January 29, 2019 Opinion or Order Filing 62 SUMMONS Returned Executed by BioTE Medical, LLC. Kimberly Meegan served on 1/17/2019, answer due 2/7/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 61 SUMMONS Returned Executed by BioTE Medical, LLC. Justin Graves served on 1/16/2019, answer due 2/6/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 60 SUMMONS Returned Executed by BioTE Medical, LLC. John Thomas served on 1/16/2019, answer due 2/6/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 59 SUMMONS Returned Executed by BioTE Medical, LLC. Jeff Hill served on 1/16/2019, answer due 2/6/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 58 SUMMONS Returned Executed by BioTE Medical, LLC. Kent Jacobsen served on 1/16/2019, answer due 2/6/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 57 SUMMONS Returned Executed by BioTE Medical, LLC. Dominic Verrilli served on 1/15/2019, answer due 2/5/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 56 SUMMONS Returned Executed by BioTE Medical, LLC. Dan Mikals served on 1/17/2019, answer due 2/7/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 55 SUMMONS Returned Executed by BioTE Medical, LLC. Nilus, LLC served on 1/19/2019, answer due 2/11/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 54 SUMMONS Returned Executed by BioTE Medical, LLC. Lisa Mikals served on 1/17/2019, answer due 2/7/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 53 SUMMONS Returned Executed by BioTE Medical, LLC. Dustin C. DeNeui served on 1/19/2019, answer due 2/11/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 52 SUMMONS Returned Executed by BioTE Medical, LLC. Jeni Guinn served on 1/24/2019, answer due 2/14/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 51 SUMMONS Returned Executed by BioTE Medical, LLC. Neal Rouzier, MD served on 1/24/2019, answer due 2/14/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 50 SUMMONS Returned Executed by BioTE Medical, LLC. Michael Sheffield, MD served on 1/21/2019, answer due 2/11/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 49 MOTION to Dismiss 12(b)(2) and 12(b)(6) by Mark P. Burns, Jeff Hill, Andrea C. Jones, Kimberly Meegan, Dominic Verrilli. (Attachments: #1 Text of Proposed Order Order to Dismiss)(Babb, Kenneth)
January 29, 2019 Opinion or Order Filing 48 SUMMONS Returned Executed by BioTE Medical, LLC. Martin Groves served on 1/21/2019, answer due 2/11/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 47 SUMMONS Returned Executed by BioTE Medical, LLC. Jeff DeNeui served on 1/23/2019, answer due 2/13/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 46 SUMMONS Returned Executed by BioTE Medical, LLC. Gunther Mueller served on 1/28/2019, answer due 2/18/2019. (Lurich, Ryan)
January 29, 2019 Opinion or Order Filing 45 SUMMONS Returned Executed by BioTE Medical, LLC. Forget About It, Inc. served on 1/28/2019, answer due 2/18/2019. (Lurich, Ryan)
January 23, 2019 Opinion or Order Filing 44 RESPONSE in Opposition re #41 Emergency MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Preliminary Injunction Relief and Application filed by BioTE Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lurich, Ryan) (Additional attachment(s) added on 1/23/2019: #3 Text of Proposed Order) (rpc, ).
January 23, 2019 Opinion or Order ORAL ORDER extending deadline: It is hereby ORDERED that Plaintiff shall file any response to Dkt. #41 Emergency MOTION for Extension of Time to File Response/Reply as to Dkt. #40 MOTION for Preliminary Injunction Relief and Application no later than 2:00 p.m. on January 23, 2018. Entered by District Judge Amos L. Mazzant, III on 1/23/2019. (tls)
January 23, 2019 Opinion or Order The parties are hereby notified that the Court will enter an Order granting in part the Emergency MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Preliminary Injunction Relief and Application by Evexias Health Solutions, LLC. The Court will extend the response deadline to February 1, 2019. (no attachment) (tls)
January 22, 2019 Opinion or Order Filing 43 ORDER re #41 Emergency MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Preliminary Injunction Relief and Application. It is hereby ORDERED that Plaintiff shall file any response no later than12:00 p.m. on January 23, 2018. Signed by District Judge Amos L. Mazzant, III on 1/22/2019. (rpc, )
January 18, 2019 Opinion or Order Filing 42 ***NOW ATTACHED TO #41 . PLEASE DISREGARD.*** Additional Attachments to Main Document (Proposed Order): #41 Emergency MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Preliminary Injunction Relief and Application .. (Clift, Gregory) Modified on 1/18/2019 (rpc, ).
January 18, 2019 Opinion or Order Filing 41 Emergency MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Preliminary Injunction Relief and Application by Evexias Health Solutions, LLC. (Attachments: #1 Appendix Federal Enlargement Appendix)(Clift, Gregory) (Additional attachment(s) added on 1/18/2019: #2 Text of Proposed Order) (rpc, ).
January 9, 2019 Opinion or Order Filing 40 MOTION for Preliminary Injunction Relief and Application by BioTE Medical, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 1K, #13 Exhibit 1L, #14 Exhibit 2, #15 Exhibit 3, #16 Exhibit 4, #17 Exhibit 5, #18 Exhibit 6, #19 Exhibit 7)(Lurich, Ryan) (Additional attachment(s) added on 1/11/2019: #20 Proposed Preliminary Injunction) (rpc, ).
December 14, 2018 Opinion or Order Filing 39 SUMMONS Issued as to Wendy Sandoval. (rpc, )
December 14, 2018 Opinion or Order Filing 38 SUMMONS Issued as to Terri J. DeNeui. (rpc, )
December 14, 2018 Opinion or Order Filing 37 SUMMONS Issued as to Sutherland Solutions, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 36 SUMMONS Issued as to Robert Alan Harris. (rpc, )
December 14, 2018 Opinion or Order Filing 35 SUMMONS Issued as to North American Custom Laboratories. (rpc, )
December 14, 2018 Opinion or Order Filing 34 SUMMONS Issued as to Nilus, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 33 SUMMONS Issued as to Nicole Turcotte. (rpc, )
December 14, 2018 Opinion or Order Filing 32 SUMMONS Issued as to Neal Rouzier, MD. (rpc, )
December 14, 2018 Opinion or Order Filing 31 SUMMONS Issued as to Michael Sheffield, MD. (rpc, )
December 14, 2018 Opinion or Order Filing 30 SUMMONS Issued as to Michael S. Cole. (rpc, )
December 14, 2018 Opinion or Order Filing 29 SUMMONS Issued as to Martin Groves. (rpc, )
December 14, 2018 Opinion or Order Filing 28 SUMMONS Issued as to Mark P. Burns. (rpc, )
December 14, 2018 Opinion or Order Filing 27 SUMMONS Issued as to Lisa Mikals. (rpc, )
December 14, 2018 Opinion or Order Filing 26 SUMMONS Issued as to Kimberly Meegan. (rpc, )
December 14, 2018 Opinion or Order Filing 25 SUMMONS Issued as to Justin Graves. (rpc, )
December 14, 2018 Opinion or Order Filing 24 SUMMONS Issued as to John Thomas. (rpc, )
December 14, 2018 Opinion or Order Filing 23 SUMMONS Issued as to Jeni Guinn. (rpc, )
December 14, 2018 Opinion or Order Filing 22 SUMMONS Issued as to Jeff Hill. (rpc, )
December 14, 2018 Opinion or Order Filing 21 SUMMONS Issued as to Jeff DeNeui. (rpc, )
December 14, 2018 Opinion or Order Filing 20 SUMMONS Issued as to Kent Jacobsen. (rpc, )
December 14, 2018 Opinion or Order Filing 19 SUMMONS Issued as to Gunther Mueller. (rpc, )
December 14, 2018 Opinion or Order Filing 18 SUMMONS Issued as to Forget About It, Inc. (rpc, )
December 14, 2018 Opinion or Order Filing 17 SUMMONS Issued as to Farmakeio Outsourcing, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 16 SUMMONS Issued as to Farmakeio Nutraceuticals, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 15 SUMMONS Issued as to EvexiPEL. (rpc, )
December 14, 2018 Opinion or Order Filing 14 SUMMONS Issued as to Evexias-Anthem Columbia, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 13 SUMMONS Issued as to Evexias-Anthem Alaska, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 12 SUMMONS Issued as to Evexias Metrita-Columbia, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 11 SUMMONS Issued as to Evexias Medical Centers, PLLC. (rpc, )
December 14, 2018 Opinion or Order Filing 10 SUMMONS Issued as to Evexias Management, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 9 SUMMONS Issued as to Evexias HRT, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 8 SUMMONS Issued as to Evexias Holding Co, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 7 SUMMONS Issued as to Evexias Health Solutions, LLC. (rpc, )
December 14, 2018 Opinion or Order Filing 6 SUMMONS Issued as to Dustin C. DeNeui. (rpc, )
December 14, 2018 Opinion or Order Filing 5 SUMMONS Issued as to Dominic Verrilli. (rpc, )
December 14, 2018 Opinion or Order Filing 4 SUMMONS Issued as to Daniel D. DeNeui. (rpc, )
December 14, 2018 Opinion or Order Filing 3 SUMMONS Issued as to Dan Mikals. (rpc, )
December 14, 2018 Opinion or Order Filing 2 SUMMONS Issued as to Andrea C. Jones. (rpc, )
December 14, 2018 Opinion or Order In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )
December 13, 2018 Opinion or Order Case Assigned to District Judge Amos L. Mazzant, III. (rpc, )
December 13, 2018 Opinion or Order Filing 1 COMPLAINT and Application for Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0540-7062824.), filed by Evexias Metrita-Columbia, LLC, Evexias Management, LLC, Robert Alan Harris, Jeff DeNeui, Sutherland Solutions, LLC, Dominic Verrilli, Kent Jacobsen, Kimberly Meegan, Evexias HRT, LLC f/k/a Hormonal Health and Wellness Centers, LLC, Nicole Turcotte, Forget About It, Inc., Evexias Health Solutions, LLC, EvexiPEL, Jeff Hill, Justin Graves, Michael Sheffield, MD, Gunther Mueller, Evexias Medical Centers, PLLC f/k/a Terri Suresh ACNP, PLLS a/k/a Hormonal Health Wellness & Skin Center a/k/a Hormonal Health Wellness and Aesthetics Center a/k/a Hormonal Health & Wellness, Evexias-Anthem Alaska, LLC, Dan Mikals, Martin Groves, Mark P. Burns, Neal Rouzier, MD, Evexias Holding Co, LLC, Michael S. Cole, Nilus, LLC, Jeni Guinn, North American Custom Laboratories, LLC a/k/a Farmakeio, John Thomas, Lisa Mikals, Wendy Sandoval, Dustin C. DeNeui, Farmakeio Outsourcing, LLC, Daniel D. DeNeui, Evexias-Anthem Columbia, LLC, Farmakeio Nutraceuticals, LLC, Andrea C. Jones, Terri J. DeNeui. (Attachments: #1 Civil Cover Sheet)(Lurich, Ryan)

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Search for this case: BioTE Medical, LLC v. Jacobsen et al
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Defendant: Mark P. Burns
Represented By: Kenneth Patrick Babb
Represented By: Rogge Dunn
Represented By: Gregory M Clift
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Defendant: Evexias Metrita-Columbia, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: North American Custom Laboratories, LLC a/k/a Farmakeio
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Defendant: Jeff Hill
Represented By: Kenneth Patrick Babb
Represented By: Gregory M Clift
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Defendant: Evexias HRT, LLC f/k/a Hormonal Health and Wellness Centers, LLC
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Defendant: Sutherland Solutions, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Jeff DeNeui
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Michael S. Cole
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Kent Jacobsen
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Nilus, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Evexias Medical Centers, PLLC f/k/a Terri Suresh ACNP, PLLS a/k/a Hormonal Health Wellness & Skin Center a/k/a Hormonal Health Wellness and Aesthetics Center a/k/a Hormonal Health & Wellness
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Defendant: Jeni Guinn
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Neal Rouzier, MD
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Martin Groves
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Justin Graves
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Kimberly Meegan
Represented By: Kenneth Patrick Babb
Represented By: Gregory M Clift
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Defendant: Dan Mikals
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Gunther Mueller
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Robert Alan Harris
Represented By: Gregory M Clift
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Defendant: John Thomas
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Nicole Turcotte
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Evexias-Anthem Alaska, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Dominic Verrilli
Represented By: Kenneth Patrick Babb
Represented By: Gregory M Clift
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Defendant: Andrea C. Jones
Represented By: Kenneth Patrick Babb
Represented By: Gregory M Clift
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Defendant: Dustin C. DeNeui
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Evexias Management, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Evexias Medical Centers, PLLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: North American Custom Laboratories
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Hormonal Health
Represented By: Gregory M Clift
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Defendant: Hormonal Health Wellness and Aesthetics Center
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Hormonal Health Wellness
Represented By: Gregory M Clift
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Defendant: Farmakeio
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Evexias HRT, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Hormonal Health & Wellness
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Hormonal Health Wellness & Skin Center
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Hormonal Health and Wellness Centers, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Terri Suresh ACNP, PLLS
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Defendant: Amy Pitarra
Represented By: Gregory M Clift
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3rd party plaintiff: Evexias Health Solutions, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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3rd party plaintiff: EvexiPEL
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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3rd party plaintiff: Michael Sheffield, MD
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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3rd party plaintiff: Wendy Sandoval
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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3rd party plaintiff: Lisa Mikals
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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3rd party plaintiff: Forget About It, Inc.
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Counter claimant: Farmakeio Outsourcing, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Counter claimant: Farmakeio Nutraceuticals, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Counter claimant: Terri J. DeNeui
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Counter claimant: Evexias-Anthem Columbia, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Counter claimant: Daniel D. DeNeui
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Counter claimant: Evexias Holding Co, LLC
Represented By: Gregory M Clift
Represented By: Rogge Dunn
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Plaintiff: BioTE Medical, LLC
Represented By: Ryan K Lurich
Represented By: Eric Michael Friedman
Represented By: Lawrence Jay Friedman
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Not classified by court: Jeff Kaplan
Represented By: Gregory M Clift
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Not classified by court: John Shipp
Represented By: Gregory M Clift
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3rd party defendant: Mark Hincher
Represented By: Gregory M Clift
Represented By: Ryan K Lurich
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3rd party defendant: Terry Weber
Represented By: Gregory M Clift
Represented By: Ryan K Lurich
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3rd party defendant: Cory Wayne Rice
Represented By: Gregory M Clift
Represented By: Ryan K Lurich
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3rd party defendant: MD Gary Donovitz
Represented By: Gregory M Clift
Represented By: Ryan K Lurich
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Counter defendant: Mark Orr
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Petitioner: Dr. Cory Rice
Represented By: Ryan K Lurich
Represented By: Gregory M Clift
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