Elite Medical Laboratory Solutions, LLC et al v. Becerra et al
| Elite Medical Laboratory Solutions, LLC doing business as Diax Labs, Graham Tomball LLC doing business as Diax Labs and Elite Medical Laboratory Solutions LLC doing business as Diax Labs |
| Xavier Becerra, Chiquita Brooks-LaSure and Novitas Solutions Inc |
| 2:2022cv00133 |
| July 5, 2022 |
| US District Court for the Northern District of Texas |
| Matthew J Kacsmaryk |
| Lee Ann Reno |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on August 23, 2022. A more recent docket listing may be available from PACER.
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Filing 33
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Xavier Becerra, Chiquita Brooks-LaSure, Novitas Solutions Inc. (Clerk QC note: Affiliate entry indicated). (Stoltz-DOJ, Brian)
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Filing 32
MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim() filed by Xavier Becerra, Chiquita Brooks-LaSure, Novitas Solutions Inc with Brief/Memorandum in Support. (Stoltz-DOJ, Brian)
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Filing 31
ORDER TO SUBMIT JOINT PROPOSED SCHEDULING ORDER AND SETTING RULE 16 SCHEDULING CONFERENCE: JOINT Proposed Scheduling Order due by 9/26/2022. FRCP 16 Scheduling Conference set for 9/28/2022 01:15 PM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. (Ordered by Magistrate Judge Lee Ann Reno on 8/17/2022) (nht)
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Filing 30
WAIVER OF SERVICE Returned Executed as to All Defendants. (McKenna, Sean)
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Filing 29
NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Xavier Becerra, Chiquita Brooks-LaSure, Novitas Solutions Inc. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian)
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Filing 28
AMENDED COMPLAINT Amended Verified Complaint against All Defendants filed by Graham Tomball LLC, Elite Medical Laboratory Solutions LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (McKenna, Sean)
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Filing 27
NOTICE of Attorney Appearance by Sean Robert McKenna for Bradley W. Howard-Local Counsel on behalf of Elite Medical Laboratory Solutions LLC, Graham Tomball LLC. (McKenna, Sean)
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Filing 26
STANDING ORDERS: This case is subject to the following standing orders, which concern: (1) compliance with the local counsel requirements of the Northern District of Texas; (2) required procedures for any discovery disputes that may arise in this case; and (3) required procedures for any motions for leave to file documents under seal. (Ordered by Magistrate Judge Lee Ann Reno on 7/21/2022) (mcrd)
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Filing 25
STANDING ORDER OF REFERENCE: Under the authority of 28 U.S.C. 636(b) and Rule 2(c) of Miscellaneous Order No. 6 of this District, this action is hereby REFERRED to U.S. Magistrate Judge Reno for pretrial management. (Ordered by Judge Matthew J. Kacsmaryk on 7/20/2022) (daa)
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Filing 24
ORDER terminating #11 Application for Admission Pro Hac Vice; granting #20 Application for Admission Pro Hac Vice as to Karen D Olson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 7/12/2022) (daa)
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Filing 23
Memorandum Opinion and Order: Because Plaintiffs have not satisfied Rule 65(b)(1)(B)'s requirements, demonstrated an irreparable injury, or shown a substantial likelihood of success on the merits, the Court DENIES Plaintiffs Motion. re: #5 Emergency MOTION for Temporary Restraining Order And Memorandum of Law In Support filed by Elite Medical Laboratory Solutions LLC, Graham Tomball LLC. (Ordered by Judge Matthew J. Kacsmaryk on 7/11/2022) (vls)
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Filing 22
Appendix in Support filed by Elite Medical Laboratory Solutions LLC, Graham Tomball LLC re #5 Emergency MOTION for Temporary Restraining Order And Memorandum of Law In Support, #21 Brief/Memorandum in Support of Motion, Supplemental Appendix (McKenna, Sean)
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Filing 21
Brief/Memorandum in Support filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC re #5 Emergency MOTION for Temporary Restraining Order And Memorandum of Law In Support Supplemental Memorandum of Law (McKenna, Sean)
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Filing 20
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Karen D. Olson (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC (Attachments: #1 Proposed Order) (McKenna, Sean)
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Filing 19
Court's Witness List from TRO Hearing held 7/8/2022. (vls)
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Filing 18
ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Motion Hearing held on 7/8/2022 re: #5 Emergency MOTION for Temporary Restraining Order And Memorandum of Law In Support. Witness testified. Written Order to follow. Attorney Appearances: Plaintiff - Karen Olson/Sean McKenna; Defense - N/A. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - 1:47. (vls)
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Filing 17
ORDER: The Court conditionally GRANTS Ms. Olson's application based on the Court's understanding. The Court ORDERS Ms. Olson to supplement her application by listing proper local counsel on or before Friday, July 15, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 7/8/2022) (daa)
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Filing 16
SUMMONS Returned Executed as to Chiquita Brooks-LaSure (served Attorney General by certified mail on 7/6/2022.) (McKenna, Sean) Modified text on 7/11/2022 (awc).
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Filing 15
SUMMONS Returned Executed as to Xavier Becerra (served Attorney General by certified mail on 7/6/2022). (McKenna, Sean) Modified text on 7/11/2022 (awc).
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Filing 14
SUMMONS Returned Executed as to Novitas Solutions Inc ; served on 7/6/2022. (McKenna, Sean)
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Filing 13
ORDER: Hearing set for 7/8/2022 02:00 PM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. re: #5 Emergency MOTION for Temporary Restraining Order And Memorandum of Law In Support (Ordered by Judge Matthew J. Kacsmaryk on 7/6/2022) (vls)
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Filing 12
SUMMONS Returned Executed as to Xavier Becerra ; served on 7/5/2022; Chiquita Brooks-LaSure ; served on 7/5/2022. (McKenna, Sean)
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Filing 11
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Karen D. Olson (Filing fee $100; Receipt number 0539-12940093) filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC (Attachments: #1 Proposed Order) (McKenna, Sean) (Main Document 11 replaced with flattened image on 7/6/2022) (nht). (Attachment 1 replaced with flattened image on 7/6/2022) (nht).
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Filing 10
Summons Issued as to Novitas Solutions Inc. (daa)
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Filing 9
Summons issued as to Xavier Becerra, Chiquita Brooks-LaSure, U.S. Attorney, and U.S. Attorney General. (daa)
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Filing 8
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (daa)
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Filing 7
(Document Restricted) Sealed Sensitive Protected Appendix Documents, re: #5 Motion for TRO (Sealed pursuant to SO 19-1, statute, or rule) filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC (McKenna, Sean) Document link added on 7/5/2022 (daa).
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Filing 6
Appendix in Support filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC re #5 Emergency MOTION for Temporary Restraining Order And Memorandum of Law In Support (Attachments: #1 App. 197-331, #2 App. 332-431, #3 App. 432-730) (McKenna, Sean)
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Filing 5
Emergency MOTION for Temporary Restraining Order And Memorandum of Law In Support filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McKenna, Sean)
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Filing 4
Request for Clerk to issue Summons In A Civil Action-US Attorney General filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC. (McKenna, Sean) (Main Document 4 replaced with flattened image on 7/6/2022) (nht).
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Filing 3
Request for Clerk to issue Summons In A Civil Action filed by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC. (McKenna, Sean) (Main Document 3 replaced with flattened image on 7/6/2022) (nht).
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Elite Medical Laboratory Solutions, LLC, Graham Tomball LLC. (Clerk QC note: Affiliate entry indicated). (McKenna, Sean)
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Filing 1
COMPLAINT against All Defendants filed by Graham Tomball LLC, Elite Medical Laboratory Solutions, LLC. (Filing fee $402; Receipt number 0539-12938968) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet Civil) (McKenna, Sean) (Attachment 1 replaced with flattened image on 7/6/2022) (nht).
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