United Healthcare Services Inc et al v. Rossel et al
| UnitedHealthcare Insurance Company and United Healthcare Services Inc |
| Semyon Narosov, Arvin Zeinali, Nick Austin, Yan Narosov, Cary Rossel, Josh Ihde, Jeremy Rossel, Amir Mortazavi, Mike Austin and Josh Daniel |
| ADR Provider |
| 3:2021cv01547 |
| July 2, 2021 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Torts/Pers Prop: Other Fraud |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
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Filing 618
PROTECTIVE ORDER (Ordered by Judge Ada Brown on 1/20/2022) (ykp)
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Filing 617
Unopposed MOTION for Protective Order filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Proposed Order (Agreed)) (Kerew, Scott)
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Filing 616
MEDIATION ORDER. The court appoints Joe Kendall as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 6/13/2022. (Ordered by Judge Ada Brown on 8/9/2021) (ygl)
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Filing 615
Joint Notice of Mediator Selection filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Kerew, Scott)
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Filing 614
SCHEDULING ORDER: This case is set for a jury trial on this Court's three-week docket beginning 10/3/2023 before Judge Ada Brown. Joinder of Parties due by 10/11/2021. Amended Pleadings due by 10/11/2021. Motions due by 5/12/2023. Discovery due by 4/14/2023. Pretrial Order due by 9/8/2023. Pretrial Materials due by 9/8/2023. Pretrial Conference set for 10/2/2023 10:00 AM before Judge Ada Brown. Deadline for mediation is on or before 6/13/2022. (Ordered by Judge Ada Brown on 7/2/2021) (ndt)
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Filing 613
ORDER granting #554 , #568 Motions to Sever. Clerk to open new case for severed matter. The District Clerk is directed to create a new case number, and transfer all claims against defendants Mike Austin, Nick Austin, Josh Daniel, Josh Ihde, Cary Rossel, Jeremy Rossel, Yan Narosov, Arvin Zeinali, Amir Mortazavi, and Semyon Narosov to the new case. (Civil case 3:21-cv-1547-E opened) (Ordered by Judge Ada Brown on 7/2/2021) (ndt)
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Filing 612
ELECTRONIC ORDER finding as moot #553 Omnibus Defendants' Motion to Stay Discovery. (Ordered by Judge Ada Brown on 7/2/2021) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:613. Fri Jul 2 15:40:40 CDT 2021 (crt)
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Filing 611
Court's Exhibit List from Status Conference held 1/6/2020. (chmb)
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Filing 610
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Semyon Narosov. (Shaunessy, Michael)
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Filing 609
Court's Exhibit List from Status Conference held 11/14/2019. (chmb)
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Filing 608
Defendant's Semyon Narosov's NOTICE that he will not Contest Liability and will only Contest Damages/ANSWER to #584 Amended Complaint filed by Semyon Narosov. 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. (Shaunessy, Michael) Modified text on 4/19/2021 (jmg).
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Filing 607
ANSWER to #584 Amended Complaint,,, filed by Amir Mortazavi. 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. (Alfred, Michael)
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Filing 605
REPLY filed by Semyon Narosov re: #568 MOTION to Sever or Separate Trial (Shaunessy, Michael)
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Filing 606
Mail returned as undeliverable. 577 Order on Motion for Extension of Time to File Answer received back from Erik Bugen as Return to Sender - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (jmg)
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Filing 604
ELECTRONIC ORDER granting #597 Motion to Extend Deadline to Answer Plaintiff's Second Amended Complaint. Semyon Narosov's answer is due 4/19/2021. (Ordered by Judge Ada Brown on 4/13/2021) (chmb)
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Filing 603
ELECTRONIC ORDER granting #596 Unopposed Motion to Extend Amir Mortazavi's Deadline to Answer Plaintiffs' Second Amended Complaint. Amir Mortazavi's answer or otherwise responsive pleading is due 4/15/2021. (Ordered by Judge Ada Brown on 4/13/2021) (chmb)
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Filing 602
CERTIFICATE of Conference re #597 Motion for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint by Michael A Shaunessy on behalf of Semyon Narosov (Shaunessy, Michael)
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Filing 601
ANSWER to #584 Amended Complaint with Jury Demand filed by Jeremy Rossel. 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. (Scully, John)
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Filing 600
ANSWER to #584 Amended Complaint with Jury Demand filed by Cary Rossel. 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. (Scully, John)
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Filing 599
ANSWER to #584 Amended Complaint,,, with Jury Demand filed by American Laboratories Group LLC, Apex Pharma LLC, Dallasite Inc, Executive Healthcare LLC, Medicus Laboratories LLC, Next Health LLC, Total Pharma LLC, True Labs LLC, US Toxicology LLC, United Toxicology 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. (Hunt, Alexandra)
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Filing 598
ANSWER to #584 Amended Complaint,,, filed by Yan Narosov. 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. (Sbaiti, Mazin)
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Filing 597
Motion for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint filed by Semyon Narosov (Attachments: #1 Proposed Order) (Shaunessy, Michael)
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Filing 596
Unopposed Motion for Extension of Time to File Answer to Plaintiffs' Second Amended Complaint filed by Amir Mortazavi (Attachments: #1 Proposed Order) (Alfred, Michael)
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Filing 595
ANSWER to #584 Amended Complaint,,, filed by Arvin Zeinali. 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. (Ryan, Andrew)
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Filing 594
ANSWER to #584 Amended Complaint,,, with Jury Demand filed by Josh Ihde. 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. (Payne, Christopher)
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Filing 593
ANSWER to #584 Amended Complaint,,, filed by Josh Daniel. 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. (Volney, John)
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Filing 592
ANSWER to #584 Amended Complaint,,, filed by Nick Austin. 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. (Volney, John)
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Filing 591
ANSWER to #584 Amended Complaint,,, filed by Mike Austin. 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. (Volney, John)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:590. Fri Apr 2 12:02:23 CDT 2021 (crt)
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Filing 590
ORDER granting Entity Defendants' #589 Agreed Motion for Extension of Time.The Entity Defendants' deadline to respond to the Second Amended Complaint is extended up to and including 4/12/2021. (Ordered by Judge Ada Brown on 4/1/2021) (twd)
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Filing 589
Agreed MOTION to Extend Time filed by Next Health LLC (Roberts, Ralph)
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Filing 587
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #568 MOTION to Sever or Separate Trial (Kerew, Scott)
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Filing 588
Mail returned as undeliverable. 579 Order on Motion for Extension of Time to File Answer received back from Erik Bugen as No Longer at This Address. No address update from last filed document. The current document has not been re-mailed. (jmg)
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Filing 586
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Adam J. Sinton, Scott P. Kerew, Eric W. Pinker and Jon Volney. Prv Fee: $ 6,390.00. Outcome of ADR: Parties were unable to reach a settlement. (Kaplan, Jeff)
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Filing 585
REPLY filed by Mike Austin, Nick Austin, Josh Daniel, Josh Ihde, Amir Mortazavi, Yan Narosov, Cary Rossel, Jeremy Rossel, Arvin Zeinali re: #554 MOTION to Sever (Volney, John)
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Filing 584
Second AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (One or more defendant(s) is no longer named.) 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 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K) (Sinton, Adam) Modified text on 3/22/2021 (jmg).
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Filing 583
Joint STATUS REPORT filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Kerew, Scott) Modified text on 3/22/2021 (jmg).
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Filing 582
MOTION for Default Judgment against Jen Sears filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) Appendix with Affidavits and Proposed Order) (Kerew, Scott)
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Filing 581
MOTION for Default Judgment against Rob Close filed by United Healthcare Services Inc with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) Appendix with Affidavits and Proposed Order) (Kerew, Scott)
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Filing 580
Mail returned as undeliverable. #558 Modify Hearings/Deadlines,, Memorandum Opinion and Order, received back from Erik Bugen as Return to Sender - Inmate Released. No address update from last filed document. The current document has not been re-mailed. (jmg)
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Filing 579
ELECTRONIC ORDER granting #578 Defendant Semyon Narosov's Agreed Motion to Extend Time to File Answer. Semyon Narosov's answer or other responsive pleading is due 4/12/2021. (Ordered by Judge Ada Brown on 3/16/2021) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 579 Tue Mar 16 17:31:50 CDT 2021 (crt)
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Filing 578
Agreed Motion for Extension of Time to File Answer filed by Semyon Narosov (Attachments: #1 Proposed Order) (Shaunessy, Michael)
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Filing 577
ELECTRONIC ORDER granting #576 Agreed Motion to Extend Yan Narosov's Deadline to Answer Plaintiffs' First Amended Complaint. Yan Narosov's answer or other responsive pleading is due 4/12/2021. (Ordered by Judge Ada Brown on 3/15/2021) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 577 Mon Mar 15 12:33:07 CDT 2021 (crt)
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Filing 576
Agreed Motion for Extension of Time to File Answer to Plaintiffs' First Amended Complant filed by Yan Narosov (Attachments: #1 Proposed Order) (Sbaiti, Mazin)
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Filing 575
ELECTRONIC ORDER granting #573 Agreed Motion to Extend Josh Ihde's Deadline to Answer Plaintiffs' First Amended Complaint. Josh Ihde's answer or other responsive pleading is due 4/12/2021. (Ordered by Judge Ada Brown on 3/12/2021) (chmb)
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Filing 574
ELECTRONIC ORDER granting #572 Agreed Motion to Extend Arvin Zeinali's Deadline to Answer Plaintiffs' First Amended Complaint. Arvin Zeinali's answer or other responsive pleading is due 4/12/2021. (Ordered by Judge Ada Brown on 3/12/2021) (chmb)
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Filing 573
Agreed Motion for Extension of Time to File Answer to Plaintiffs' First Amended Complaint filed by Josh Ihde (Attachments: #1 Proposed Order Proposed Order Granting Defendant Josh Ihde's Motion for Extension of Time) (Payne, Christopher)
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Filing 572
Agreed Motion for Extension of Time to File Answer until April 12, 2021 filed by Arvin Zeinali with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ryan, Andrew)
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Filing 571
ELECTRONIC ORDER granting #569 Agreed Motion to Extend Amir Mortazavi's Deadline to Answer Plaintiffs' First Amended Complaint. Amir Mortazavi's answer or otherwise responsive pleading is due 4/12/2021. (Ordered by Judge Ada Brown on 3/11/2021) (chmb)
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Filing 570
ELECTRONIC ORDER granting #567 Agreed Motion for Extension of Time. Defendants Cary Rossel and Jeremy Rossel's answers or otherwise responsive pleadings are due 4/12/2021. (Ordered by Judge Ada Brown on 3/11/2021) (chmb)
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Filing 569
Agreed Motion for Extension of Time to File Answer to Plaintiffs' First Amended Complaint filed by Amir Mortazavi (Attachments: #1 Proposed Order) (Alfred, Michael)
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Filing 568
MOTION to Sever or Separate Trial filed by Semyon Narosov (Attachments: #1 Exhibit(s) Appendix, #2 Proposed Order) (Shaunessy, Michael)
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Filing 567
Agreed Motion for Extension of Time to File Answer filed by Cary Rossel, Jeremy Rossel (Attachments: #1 Proposed Order) (Scully, John)
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Filing 566
NOTICE of Attorney Appearance by Joseph James Minock on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Minock, Joseph)
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Filing 565
ELECTRONIC ORDER granting #561 Agreed Motion to Extend Defendants Mike Austin, Nick Austin and Josh Daniel's Deadline to Answer Plaintiffs' First Amended Complaint. Mike Austin, Nick Austin and Josh Daniel's answers are due 4/12/2021. (Ordered by Judge Ada Brown on 3/10/2021) (chmb)
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Filing 564
Appendix in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #563 Response/Objection, #562 Response/Objection to motions to stay and sever (Kerew, Scott)
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Filing 563
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #553 MOTION to Stay Discovery (Kerew, Scott)
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Filing 562
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #554 MOTION to Sever (Kerew, Scott)
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Filing 561
Agreed Motion for Extension of Time to File Answer filed by Mike Austin, Nick Austin, Josh Daniel (Attachments: #1 Proposed Order) (Volney, John)
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Filing 560
STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 2/26/2021) (ykp)
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Filing 559
ORDER: Finding this cause should be reopened, the Court instructs the United States District Clerk to reopen the above-styled and numbered cause. (Ordered by Judge Ada Brown on 2/26/2021) (mjr)
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Filing 558
MEMORANDUM OPINION AND ORDER: The motions to dismiss filed by Executive Defendants (Docs. #398 , #401 , #404 , #407 , #411 , #416 , #419 , #422 , and #427 ) and Entity Defendants (Doc. #418 ) are GRANTED in part and DENIED in part. Accordingly, if United can, in good faith, replead the dismissed claims to state claims upon which relief can be granted, it may do so on or before 3/19/2021. (Ordered by Judge Ada Brown on 2/26/2021) (ctf)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:558. Fri Feb 26 15:29:29 CST 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:559. Fri Feb 26 15:35:59 CST 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:556. Thu Feb 25 12:07:01 CST 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:557. Thu Feb 25 09:53:01 CST 2021 (crt)
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Filing 557
ELECTRONIC ORDER finding as moot #496 Motion to Set Aside Default due to entry of #497 First Amended Motion to Set Aside Default and #556 Order. (Ordered by Judge Ada Brown on 2/24/2021) (chmb)
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Filing 556
ORDER denying #489 Motion to Stay Entire Proceeding or, in the Alternative, to Stay Proceedings; denying #499 Motion for Default Judgment; granting #497 Motion to Set Aside Default. The Clerk of Court is directed to set aside the entry of default against Narosov. (Ordered by Judge Ada Brown on 2/24/2021) (mjr) Modified text on 2/25/2021 (mjr).
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Filing 555
Appendix in Support filed by Mike Austin, Nick Austin, Josh Daniel, Josh Ihde, Amir Mortazavi, Yan Narosov, Cary Rossel, Jeremy Rossel, Arvin Zeinali re #553 MOTION to Stay Discovery, #554 MOTION to Sever (Volney, John)
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Filing 554
MOTION to Sever filed by Mike Austin, Nick Austin, Josh Daniel, Josh Ihde, Amir Mortazavi, Yan Narosov, Cary Rossel, Jeremy Rossel, Arvin Zeinali with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Volney, John)
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Filing 553
MOTION to Stay Discovery filed by Mike Austin, Nick Austin, Josh Daniel, Josh Ihde, Amir Mortazavi, Yan Narosov, Cary Rossel, Jeremy Rossel, Arvin Zeinali with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John D Volney added to party Josh Ihde(pty:dft), Attorney John D Volney added to party Amir Mortazavi(pty:dft), Attorney John D Volney added to party Yan Narosov(pty:dft), Attorney John D Volney added to party Cary Rossel(pty:dft), Attorney John D Volney added to party Jeremy Rossel(pty:dft), Attorney John D Volney added to party Arvin Zeinali(pty:dft) (Volney, John)
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Filing 552
OBJECTION filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #549 Response/Objection, (Attachments: #1 Exhibit(s) Appendix) (Kerew, Scott)
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Filing 551
(Document Restricted) Sealed Exhibits re: #535 Plaintiffs' Application for Attorneys' Fees and Expenses filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (ndt)
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Filing 550
(Document Restricted) Sealed ORDER granting sealed and/or ex parte motion #534 . (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Judge Ada Brown on 2/16/2021) (ndt)
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Filing 549
RESPONSE filed by American Laboratories Group LLC, Apex Pharma LLC, Dallasite Inc, Executive Healthcare LLC, Medicus Laboratories LLC, Next Health LLC, Total Pharma LLC, True Labs LLC, US Toxicology LLC, United Toxicology LLC re: #546 MOTION to Allocate Attorney's Fees re #535 MOTION for Attorney Fees Application for Attorneys' Fees as Ordered by the Court (see Doc. 528) MOTION to Withdraw as Attorney (Hunt, Alexandra)
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Filing 548
NOTICE of Attorney Appearance by Alexandra Hunt on behalf of American Laboratories Group LLC, Apex Pharma LLC, Dallasite Inc, Executive Healthcare LLC, Medicus Laboratories LLC, Next Health LLC, Total Pharma LLC, True Labs LLC, US Toxicology LLC, United Toxicology LLC. (Filer confirms contact info in ECF is current.) (Hunt, Alexandra)
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Filing 547
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #546 MOTION to Allocate Attorney's Fees re #535 MOTION for Attorney Fees Application for Attorneys' Fees as Ordered by the Court (see Doc. 528) MOTION to Withdraw as Attorney (Attachments: #1 Exhibit(s) Demonstrative Timeline (provided to the Court in advance of the Nov. 18, 2020 Sanctions Hearing) (Kerew, Scott)
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Filing 546
MOTION to Allocate Attorney's Fees re #535 MOTION for Attorney Fees Application for Attorneys' Fees as Ordered by the Court (see Doc. 528), MOTION to Withdraw as Attorney () filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:543. NEF Thu Jan 21 12:16:11 CST 2021 (crt)
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Filing 545
NOTICE of Attorney Appearance by Andrew Baxter Ryan for Kiran B. Talluri on behalf of Arvin Zeinali. (Ryan, Andrew)
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Filing 544
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #535 MOTION for Attorney Fees Application for Attorneys' Fees as Ordered by the Court (see Doc. 528) (Kerew, Scott)
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Filing 543
ELECTRONIC ORDER granting #542 Plaintiffs' Unopposed Motion to File Reply. Plaintiffs shall file, as proposed, the Reply in Support of Their Application for Attorneys' Fees and Expenses. (Ordered by Judge Ada Brown on 1/20/2021) (chmb)
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Filing 542
MOTION to file a reply in support of Application for Attorneys' Fees re #535 MOTION for Attorney Fees Application for Attorneys' Fees as Ordered by the Court (see Doc. 528) filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Proposed Reply in Support of Application for Attorneys' Fees) (Kerew, Scott)
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Filing 541
NOTICE of Attorney Appearance by Ralph Ritch Roberts, III on behalf of Next Health LLC. (Filer confirms contact info in ECF is current.) (Roberts, Ralph)
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Filing 540
Mail returned as undeliverable. 537 Order on Motion to Extend Time received back from Erik Bugen as Unable to forward. No address update from last filed document. The current document has not been re-mailed. (mjr)
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Filing 539
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #538 Brief/Memorandum in Support of Motion, Appendix for Entity Defendants' Opposition to United's Application for Attorneys' Fees (Bell, James)
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Filing 538
Brief/Memorandum in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #535 MOTION for Attorney Fees Application for Attorneys' Fees as Ordered by the Court (see Doc. 528) Entity Defendants' Opposition to United's Application for Attorneys' Fees and Expenses (Bell, James)
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Filing 537
ELECTRONIC ORDER granting #536 Unopposed Motion to Extend Time. The deadline for Entity Defendants to file their objections to Plaintiffs' Application for Attorneys' Fees is 1/6/2021. (Ordered by Judge Ada Brown on 12/22/2020) (chmb)
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Filing 536
Unopposed MOTION to Extend Time to File Objections to Plaintiffs' Application for Attorneys' Fees filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Proposed Order) (Bell, James)
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Filing 535
MOTION for Attorney Fees Application for Attorneys' Fees as Ordered by the Court (see Doc. 528) filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Kerew, Scott)
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Filing 534
(Document Restricted) Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Declaration(s)) (Kerew, Scott)
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Filing 533
Mail returned as undeliverable. 528 Order on Motion for Sanctions,, received back from Erik Bugen as Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (oyh)
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Filing 532
Mail returned as undeliverable. #531 Transcript, #530 Transcript, received back from Erik Bugen as Unable to forward. No address update from last filed document. The current document has not been re-mailed. (mjr)
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Filing 531
Notice of Filing of Official Electronic Transcript of Telephone Conference Proceedings held on 8/19/2020 before Judge AdaBrown. Court Reporter/Transcriber Nikki Barr, Telephone number (214) 753-2661. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (29 pages) Redaction Request due 12/14/2020. Redacted Transcript Deadline set for 12/23/2020. Release of Transcript Restriction set for 2/22/2021. (nbb)
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Filing 530
Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 11-18-2020 before Judge Ada Brown. Court Reporter/Transcriber Nikki Barr, Telephone number (214) 753-2661. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (116 pages) Redaction Request due 12/14/2020. Redacted Transcript Deadline set for 12/22/2020. Release of Transcript Restriction set for 2/19/2021. (nbb)
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Filing 529
NOTICE of Attorney Appearance by Nicole Marie Bigman on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Bigman, Nicole)
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Filing 528
ELECTRONIC ORDER granting #323 and #506 Plaintiffs' Motion for Sanctions Based on Entity Defendants' Repeated Violations of Discovery Orders to the extent reflected on the record at the hearing held on November 18, 2020. Plaintiffs must file an application for expenses with supporting evidence establishing the amount of reasonable expenses and attorney's fees to be awarded under Federal Rule of Civil Procedure 37(b)(2) on or before December 9, 2020. Entity Defendants Next Health, LLC, American Laboratories Group, LLC, Medicus Laboratories, LLC, United Toxicology, LLC, and U.S. Toxicology, LLC may file objections to Plaintiffs' application no later than fourteen days after the date the application is filed. (Ordered by Judge Ada Brown on 11/18/2020) (chmb)
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Filing 527
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Status Conference held on 11/18/2020. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton; Defense - Connor Nash, Dan Wyde. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - 03:15. (chmb)
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Filing 526
ELECTRONIC ORDER denying #523 Motion for Leave to File Surreply. (Ordered by Judge Ada Brown on 11/17/2020) (chmb)
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Filing 525
The telephone conference scheduled for November 18, 2020 at 10:00 A.M. (CST) will be conducted by video teleconferencing only and will not be accessible to the public at the courthouse. To watch the proceeding live, click here: #Link to Hearing (Make sure you are using Google Chrome, Firefox, or Safari as the web browser), choose Join Meeting, enter meeting ID 593847731 and passcode 685312 and then enter your name. To listen via teleconference please call 571-353-2300 and use the same meeting ID and passcode above. It is impermissible under Judicial Conference Policy to record or rebroadcast this proceeding. Violators will be subject to sanctions. (cea)
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Filing 524
NOTICE of Filing Declaration of Lance Sloves filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 523
MOTION for Leave to File Surrreply Regarding United's Sanctions Supplement (ECF 506) filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Hearing/Deadline Modification: Deadlines/hearings reset. Telephone Conference set for 11/18/2020 10:00 AM before Judge Ada Brown. (chmb)
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Filing 522
ELECTRONIC ORDER granting #520 Motion to Withdraw as Counsel for Plaintiffs. Attorneys Stephen W. Mooney, D. Lee Roberts, Jr., and Claire C. Murray are withdrawn as attorneys of record for plaintiffs in this case. (Ordered by Judge Ada Brown on 11/9/2020) (chmb)
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Filing 521
ELECTRONIC Notice of Hearing - Video-conference of oral argument on Plaintiffs' Motion for Sanctions (Doc. 323) and Supplement to Motion for Sanctions (Doc. 506), only Plaintiffs and original Defendants participating, set for 11/18/2020 10:00 AM before Judge Ada Brown. (chmb)
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Filing 520
MOTION to Withdraw as Attorney for Plaintiffs filed by UnitedHealthcare Insurance Company (Attachments: #1 Proposed Order) (Mooney, Stephen)
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Filing 519
Mail returned as undeliverable. #516 Order on Motion to Withdraw as Attorney received back from Erik Bugen as Return to Sender - No Longer at this Address - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (jmg)
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Filing 518
NOTICE of Attorney Appearance by Ben Daniel Van Horn on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Van Horn, Ben)
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Filing 517
NOTICE of Change of Address for Attorney Scott Preston Kerew on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Kerew, Scott)
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Filing 516
ORDER granting #515 Motion to Withdraw as Attorney. Attorney Kelley Elise Cash terminated. (Ordered by Judge Ada Brown on 10/23/2020) (oyh)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:516. Fri Oct 23 12:14:20 CDT 2020 (crt)
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Filing 515
MOTION to Withdraw as Attorney filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Proposed Order) (Cash, Kelley)
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***Clerk's Notice of delivery: (see NEF for details) Document No: NEF No. 513. Wed Oct 21 11:32:20 CDT 2020 (crt)
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Filing 514
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #506 MOTION for Sanctions, #323 MOTION for Sanctions Following 11/5/19 Telephonic Conf. (ECF No. 314) (Kerew, Scott)
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Filing 513
Notice of Filing of Official Electronic Transcript of Discovery Conference Proceedings held on 09/11/2020 before Judge Ada Brown. Court Reporter/Transcriber Nikki Barr, Telephone number (214) 753-2661. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (23 pages) Redaction Request due 11/10/2020. Redacted Transcript Deadline set for 11/20/2020. Release of Transcript Restriction set for 1/19/2021. (nbb)
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Filing 512
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #506 MOTION for Sanctions Appendix for Opposition to Uniteds Supplemental Brief in Support of Its 11/13/19 Motion for Sanctions Under Fed.R.Civ.P. 37 (b)(2)(A) (ECF 506) (Bell, James)
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Filing 511
Brief/Memorandum in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #506 MOTION for Sanctions Opposition to Uniteds Supplemental Brief in Support of Its 11/13/19 Motion for Sanctions Under Fed.R.Civ.P. 37 (b)(2)(A) (ECF 506) (Bell, James)
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Filing 510
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #499 MOTION for Default Judgment against Semyon Narosov (Kerew, Scott)
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Filing 509
REPLY filed by Semyon Narosov re: #497 MOTION to Set Aside Default (Shaunessy, Michael)
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Filing 508
RESPONSE filed by Semyon Narosov re: #499 MOTION for Default Judgment against Semyon Narosov (Shaunessy, Michael)
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Filing 507
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #497 MOTION to Set Aside Default (Sinton, Adam)
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Filing 506
Brief/Memorandum in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #323 MOTION for Sanctions Following 11/5/19 Telephonic Conf. (ECF No. 314) Supplement to Motion for Sanctions requested during 9/11/2020 discovery conference. (Attachments: #1 Appendix) (Kerew, Scott) Modified on 9/23/2020: construed as amendment to #323 (lrl).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:505. Thu Sep 17 16:27:50 CDT 2020 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:504. Thu Sep 17 12:33:31 CDT 2020 (crt)
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Filing 505
ORDER AWARDING ATTORNEYS' FEES. (Ordered by Magistrate Judge Rebecca Rutherford on 9/16/2020) (jmg)
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Filing 504
ORDER: The Court's Order referring United's Motion for Sanctions Based on Entity Defendants Repeated Violations of Discovery Orders to United States Magistrate Judge Rebecca Rutherford (Doc. No. #343 ) is hereby VACATED. (Ordered by Judge Ada Brown on 9/16/2020) (axm)
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Motion no longer referred per #504 Order: #323 MOTION for Sanctions Following 11/5/19 Telephonic Conf. (ECF No. 314). (axm)
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Filing 503
REPLY filed by Semyon Narosov re: #489 MOTION to Stay (Shaunessy, Michael)
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Filing 501
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 9/11/2020. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :39. (chmb)
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Filing 500
ELECTRONIC Notice of Hearing: Telephone Conference set for 9/11/2020 11:00 AM before Judge Ada Brown. Only Plaintiffs and original Defendants (Next Health LLC, United Toxicology LLC, Medicus Laboratories LLC, US Toxicology LLC, American Laboratories Group LLC) are invited to attend this hearing. (chmb)
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Filing 499
MOTION for Default Judgment against Semyon Narosov filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Appendix, #2 Proposed Order) (Sinton, Adam)
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Filing 498
Plaintiff's Opposition filed by United Healthcare Services Inc re: #489 MOTION to Stay (Kerew, Scott) Modified text on 9/3/2020 (ykp).
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Filing 497
MOTION to Set Aside Default filed by Semyon Narosov (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Shaunessy, Michael)
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Filing 496
MOTION to Set Aside Default filed by Semyon Narosov (Attachments: #1 Proposed Order) (Shaunessy, Michael)
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Filing 495
Clerk's ENTRY OF DEFAULT as to Rob Close, Jen Sears (ykp) (Main Document 495 replaced on 8/25/2020) (ykp).
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Filing 494
Request for Clerk to issue Default filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Attachments: #1 Declaration(s)) (Sinton, Adam)
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Filing 493
Request for Clerk to issue Default filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Attachments: #1 Declaration(s)) (Sinton, Adam)
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Filing 492
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 8/19/2020. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton; Defense - Connor Nash, Eric Pinker, John Volney, Nisha Byers, John Scully, Michael Shaunessy, Andy Ryan, Chris Payne, Lurese Terrell, Michael Alfred, Kevin Colquitt. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :43. (chmb) Modified text on 8/20/2020 (chmb).
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Filing 491
NOTICE of Dismissal of Andrew Hillman filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Sinton, Adam)
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Filing 490
Mail returned as undeliverable. 479 Order Setting Deadline/Hearing received back from Erik Bugen as Return to Sender - Unable to forward. No address update from last filed document. The current document has not been re-mailed. (jmg)
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Filing 489
MOTION to Stay filed by Semyon Narosov (Attachments: #1 Proposed Order)Attorney Michael A Shaunessy added to party Semyon Narosov(pty:dft) (Shaunessy, Michael)
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Filing 488
ELECTRONIC ORDER granting #480 Plaintiffs' Motion to Continue or Vacate the Scheduling Order. The Second Amended Scheduling Order #388 is vacated. (Ordered by Judge Ada Brown on 8/10/2020) (chmb)
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Filing 487
ELECTRONIC ORDER terminating as moot #413 sealed motion for leave to file documents under seal. See #482 Notice of Dismissal of Defendant Pioneer Laboratories, LLC. (Ordered by Judge Ada Brown on 8/5/2020) (chmb)
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Filing 486
ELECTRONIC ORDER terminating as moot #414 Motion to Dismiss. See #482 Notice of Dismissal of Defendant Pioneer Laboratories, LLC. (Ordered by Judge Ada Brown on 8/5/2020) (chmb)
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Filing 485
ELECTRONIC ORDER terminating as moot #409 Motion to Compel Arbitration. See #482 Notice of Dismissal of Defendant Pioneer Laboratories, LLC. (Ordered by Judge Ada Brown on 8/5/2020) (chmb)
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Filing 484
*** SET ASIDE PER #556 ORDER *** Clerk's ENTRY OF DEFAULT as to Semyon Narosov. (mla) Modified on 2/25/2021 (mjr).
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Filing 483
ELECTRONIC Notice of Hearing - Video Scheduling Conference, All Parties set for 8/19/2020 10:00 AM before Judge Ada Brown. (chmb)
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Filing 482
NOTICE of Dismissal of Pioneer Laboratories LLC filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Sinton, Adam)
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Filing 481
Request for Clerk to issue Entry of Default by Semyon Narosov filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Attachments: #1 Declaration(s) in support of Request) (Sinton, Adam)
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Filing 480
MOTION to Vacate #388 Scheduling Order, filed by UnitedHealthcare Insurance Company (Kerew, Scott)
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Filing 479
ELECTRONIC ORDER: Scheduling Conference is cancelled and will be reset for a later date in the future. (Ordered by Judge Ada Brown on 7/30/2020) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:479. NEF Thu Jul 30 12:52:11 CDT 2020 (crt)
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Filing 478
REPLY filed by Yan Narosov re: #427 MOTION to Dismiss (Sbaiti, Mazin)
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Filing 477
REPLY filed by American Laboratories Group LLC, Apex Pharma LLC, Executive Healthcare LLC, Medicus Laboratories LLC, Next Health LLC, Pioneer Laboratories LLC, Total Pharma LLC, True Labs LLC, US Toxicology LLC, United Toxicology LLC re: #418 Motion to Dismiss for Failure to State a Claim (Bell, James)
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Filing 476
REPLY filed by Josh Ihde re: #416 MOTION to Dismiss (Payne, Christopher)
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Filing 475
REPLY filed by Jeremy Rossel re: #453 Response/Objection (Scully, John)
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Filing 474
REPLY filed by Cary Rossel re: #452 Response/Objection (Scully, John)
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Filing 473
REPLY filed by Arvin Zeinali re: #411 Motion to Dismiss for Failure to State a Claim (Ryan, Andrew)
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Filing 472
REPLY filed by Josh Daniel re: #451 Response/Objection (Volney, John)
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Filing 471
REPLY filed by Nick Austin re: #450 Response/Objection (Volney, John)
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Filing 470
REPLY filed by Mike Austin re: #449 Response/Objection (Volney, John)
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Filing 469
REPLY filed by Mike Austin, Nick Austin, Josh Daniel, Josh Ihde, Amir Mortazavi, Yan Narosov, Cary Rossel, Jeremy Rossel, Arvin Zeinali re: #448 Response/Objection,, (Volney, John)
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Filing 468
Mail returned as undeliverable. 461 Order on Motion to Extend Time, received back from Erik Bugen as Unable to forward - not here. No address update from last filed document. The current document has not been re-mailed. (mjr)
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Filing 467
ELECTRONIC Notice of Hearing: Video Scheduling Conference - All Parties set for 7/30/2020 10:00 AM before Judge Ada Brown. (chmb)
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Hearing/Deadline Modification: Telephone conference scheduled for 7/17/2020 terminated. It will be reset at a later date. (chmb)
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Filing 466
ELECTRONIC Notice of Hearing: Telephone Scheduling Conference Call set for 7/17/2020 at 10:30 AM before Judge Ada Brown. (chmb)
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Filing 465
ELECTRONIC ORDER granting #463 Agreed Motion to Extend Time to Answer. Defendant Andrew Hillman's answer is due 9/14/2020. (Ordered by Judge Ada Brown on 7/14/2020) (chmb)
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Filing 463
Agreed Motion for Extension of Time to File Answer filed by Andrew Hillman (Poe, Brian)
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Filing 462
NOTICE of Attorney Appearance by Brian Daniel Poe on behalf of Andrew Hillman. (Filer confirms contact info in ECF is current.) (Poe, Brian)
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Filing 464
Mail returned as undeliverable. #458 Order on Sealed and/or Ex Parte Motion, received back from Erik Bugen as Return to Sender, Unable To Forward. No address update from last filed document. The current document has not been re-mailed. (hml)
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Filing 461
ELECTRONIC ORDER granting #460 Agreed Motion to Extend Time to Reply to Plaintiffs' Responses to Motions to Dismiss. Replies by Defendants Nick Austin, Mike Austin, Josh Daniel, Josh Ihde, Yan Narasov, Cary Rossel, Jeremy Rossel, Amir Mortazavi, and Arvin Zenali are due 07/24/2020. (Ordered by Judge Ada Brown on 7/6/2020) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 461 Mon Jul 6 12:00:18 CDT 2020 (crt)
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Filing 460
Agreed MOTION to Extend Time Time to Reply to Plaintiffs' Responses to Motion to Dismiss filed by Mike Austin, Nick Austin, Josh Daniel (Attachments: #1 Proposed Order) (Volney, John)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:458. Wed Jun 24 12:08:42 CDT 2020 (crt)
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Filing 459
(Document Restricted) Sealed Exhibit to Opposition to Entity Defendants' Motion to Dismiss filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (axm)
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Filing 458
ORDER granting #446 Plaintiffs' Motion for Leave to File Under Seal an Exhibit to United's Opposition to Entity Defendants' Motion to Dismiss. (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Judge Ada Brown on 6/23/2020) (axm)
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Filing 457
Mail returned as undeliverable. 433 Notice of Hearing, 435 Order on Motion to Extend Time to File Response/Reply, received back from Erik Bugen as Unable to forward. No address update from last filed document. The current document has not been re-mailed. (mjr)
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Filing 456
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #427 MOTION to Dismiss (Sinton, Adam)
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Filing 455
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #411 Motion to Dismiss for Failure to State a Claim (Sinton, Adam)
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Filing 454
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #416 MOTION to Dismiss (Sinton, Adam)
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Filing 453
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #419 MOTION to Dismiss (Sinton, Adam)
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Filing 452
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #422 MOTION to Dismiss (Sinton, Adam)
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Filing 451
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #404 MOTION to Dismiss (Sinton, Adam)
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Filing 450
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #401 MOTION to Dismiss (Sinton, Adam)
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Filing 449
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #398 MOTION to Dismiss (Sinton, Adam)
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Filing 448
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #419 MOTION to Dismiss , #401 MOTION to Dismiss , #411 Motion to Dismiss for Failure to State a Claim, #414 MOTION to Dismiss , #416 MOTION to Dismiss , #407 MOTION to Dismiss the Amended Complaint of Plaintiffs, #404 MOTION to Dismiss , #398 MOTION to Dismiss , #427 MOTION to Dismiss , #422 MOTION to Dismiss (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Sinton, Adam)
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Filing 447
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #418 Motion to Dismiss for Failure to State a Claim, #446 (Document Restricted) Plaintiffs' Motion for Leave to File Under Seal an Exhibit to United's Opposition to Entity Defendants' Motion to Dismiss (Sealed pursuant to motion to seal) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Kerew, Scott)
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Filing 446
(Document Restricted) Plaintiffs' Motion for Leave to File Under Seal an Exhibit to United's Opposition to Entity Defendants' Motion to Dismiss (Sealed pursuant to motion to seal) filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Exhibit(s), #2 Proposed Order) (Kerew, Scott)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:445. Wed Jun 10 11:13:35 CDT 2020 (crt)
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Filing 445
UNOPPOSED ORDER TO PRODUCE DISCOVERY: It is ORDERED that Next Health produce the requested information to Plaintiffs by the close of business on Wednesday, 6/10/2020. (Ordered by Judge Ada Brown on 6/9/2020) (twd)
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Filing 444
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 6/3/2020. The status conference scheduled for 6/12/2020 is cancelled. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :19. (chmb)
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Filing 443
SUMMONS Returned Executed as to Jen Sears ; served on 5/25/2020. (Sinton, Adam)
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Filing 442
RESPONSE filed by UnitedHealthcare Insurance Company re: #436 Order to Show Cause/Order to Answer,, (Sinton, Adam)
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Filing 441
WAIVER OF SERVICE Returned Executed as to Alle Byeseda. Waiver sent on 4/16/2020. (Sinton, Adam)
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Filing 440
WAIVER OF SERVICE Returned Executed as to Andrew Hillman. Waiver sent on 5/18/2020. (Sinton, Adam)
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Filing 439
SUMMONS Returned Executed as to Semyon Narosov; served on 5/19/2020. (Sinton, Adam)
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Filing 438
Summons Issued as to Alle Byeseda, Semyon Narosov, Jen Sears. (ykp)
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Filing 437
Request for Clerk to issue Summons filed by United Healthcare Services Inc. (Attachments: #1 Additional Page(s), #2 Additional Page(s)) (Sinton, Adam)
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Filing 436
ORDER: More than ninety days have elapsed since Plaintiffs amended their complaint, adding Andrew Hillman, Semyon Narasov, Jen Sears, and Alle Byeseda, among others, as defendants in this action. Service on these defendants has not yet been accomplished. Unless Plaintiffs shows cause in writing by 5/25/2020 why the claims as to defendants Andrew Hillman, Semyon Narasov, Jen Sears, and Alle Byeseda should be retained on the docket, the claims will be dismissed without further notice. (Ordered by Judge Ada Brown on 5/11/2020) (aaa)
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Filing 435
ELECTRONIC ORDER granting #434 Agreed Motion to Extend Time to Respond to Motions to Dismiss. Plaintiffs' deadline to respond to Defendants' briefs is 06/12/2020; Defendants' deadline to reply to Plaintiffs' responses is 07/10/2020. (Ordered by Judge Ada Brown on 5/11/2020) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:436. Mon May 11 19:48:40 CDT 2020 (crt)
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Filing 434
MOTION for Extension of Time to File Response/Reply to #426 Brief/Memorandum in Support of Motion, #405 Brief/Memorandum in Support of Motion, #419 MOTION to Dismiss, #399 Brief/Memorandum in Support of Motion, #410 Brief/Memorandum in Support of Motion, #401 MOTION to Dismiss, #418 Motion to Dismiss for Failure to State a Claim, #411 Motion to Dismiss for Failure to State a Claim, #414 MOTION to Dismiss, #416 MOTION to Dismiss, #407 MOTION to Dismiss the Amended Complaint of Plaintiffs, #420 Brief/Memorandum in Support of Motion, #404 MOTION to Dismiss, #398 MOTION to Dismiss, #427 MOTION to Dismiss, #415 Brief/Memorandum in Support of Motion, #424 Brief/Memorandum in Support of Motion, #402 Brief/Memorandum in Support of Motion, #422 MOTION to Dismiss, #409 MOTION to Compel Arbitration and to Stay Plaintiffs' Claims filed by United Healthcare Services Inc (Sinton, Adam)
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Filing 433
ELECTRONIC Notice of Hearing: First Telephone Conference set for 6/3/2020 10:00 AM before Judge Ada Brown; Second Telephone Conference set for 6/12/2020 10:00 AM before Judge Ada Brown. (chmb)
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Filing 432
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 5/7/2020. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :29. (chmb)
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Filing 431
Mail returned as undeliverable. #395 Order on Motion for Leave to File received back from Erik Bugen as Return to Sender, No longer at this Address. No address update from last filed document. The current document has not been re-mailed. (hml)
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Filing 430
NOTICE of ESI Production filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 429
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pioneer Laboratories LLC. (Lang, Michael)
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Filing 428
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Yan Narosov. (Sbaiti, Mazin)
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Filing 427
MOTION to Dismiss filed by Yan Narosov with Brief/Memorandum in Support. (Attachments: #1 Exhibit A_Chart, #2 Proposed Order) (Sbaiti, Mazin)
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Filing 426
Brief/Memorandum in Support filed by Mike Austin, Nick Austin, Josh Daniel, Josh Ihde, Amir Mortazavi, Yan Narosov, Cary Rossel, Jeremy Rossel, Arvin Zeinali re #419 MOTION to Dismiss , #401 MOTION to Dismiss , #404 MOTION to Dismiss , #398 MOTION to Dismiss , #424 Brief/Memorandum in Support of Motion, #411 Motion to Dismiss for Failure to State a Claim, #416 MOTION to Dismiss , #407 MOTION to Dismiss the Amended Complaint of Plaintiffs (Scully, John)
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Filing 425
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cary Rossel. (Scully, John)
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Filing 424
Brief/Memorandum in Support filed by Cary Rossel re #422 MOTION to Dismiss (Scully, John)
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Filing 423
PROPOSED ORDER FOR DKT NO. 422 filed by Cary Rossel (Scully, John) Modified event and text on 2/26/2021 (chmb).
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Filing 422
MOTION to Dismiss filed by Cary Rossel (Scully, John)
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Filing 421
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jeremy Rossel. (Scully, John)
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Filing 420
Brief/Memorandum in Support filed by Jeremy Rossel re #419 MOTION to Dismiss (Scully, John)
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Filing 419
MOTION to Dismiss filed by Jeremy Rossel (Attachments: #1 Proposed Order) (Scully, John)
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Filing 418
Motion to Dismiss for Failure to State a Claim filed by American Laboratories Group LLC, Apex Pharma LLC, Dallasite Inc, Executive Healthcare LLC, Medicus Laboratories LLC, Next Health LLC, Total Pharma LLC, True Labs LLC, US Toxicology LLC, United Toxicology LLC Attorney James S Bell added to party Apex Pharma LLC(pty:dft), Attorney James S Bell added to party Dallasite Inc(pty:dft), Attorney James S Bell added to party Executive Healthcare LLC(pty:dft), Attorney James S Bell added to party Total Pharma LLC(pty:dft), Attorney James S Bell added to party True Labs LLC(pty:dft) (Bell, James)
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Filing 417
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Josh Ihde. (Payne, Christopher)
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Filing 416
MOTION to Dismiss filed by Josh Ihde with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order Granting Defendant Josh Ihde's Motion to Dismiss) (Payne, Christopher)
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Filing 415
Brief/Memorandum in Support filed by Pioneer Laboratories LLC re #414 MOTION to Dismiss (Lang, Michael)
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Filing 414
MOTION to Dismiss filed by Pioneer Laboratories LLC (Lang, Michael)
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Filing 413
(Document Restricted) Defendant Pioneer Laboratories, LLC's Motion for Leave to File Documents Under Seal and Brief in Support (Sealed pursuant to motion to seal) filed by Pioneer Laboratories LLC (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Lang, Michael)
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Filing 412
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Arvin Zeinali. (Ryan, Andrew)
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Filing 411
Motion to Dismiss for Failure to State a Claim filed by Arvin Zeinali with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) Including Exhibits A-P, #2 Proposed Order) (Ryan, Andrew)
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Filing 410
Brief/Memorandum in Support filed by Pioneer Laboratories LLC re #409 MOTION to Compel Arbitration and to Stay Plaintiffs' Claims (Lang, Michael)
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Filing 409
MOTION to Compel Arbitration and to Stay Plaintiffs' Claims filed by Pioneer Laboratories LLC Attorney Michael J Lang added to party Pioneer Laboratories LLC(pty:dft) (Lang, Michael)
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Filing 408
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Amir Mortazavi. (Alfred, Michael)
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Filing 407
MOTION to Dismiss the Amended Complaint of Plaintiffs filed by Amir Mortazavi Attorney Michael S Alfred added to party Amir Mortazavi(pty:dft) (Alfred, Michael)
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Filing 406
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Josh Daniel. (Volney, John)
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Filing 405
Brief/Memorandum in Support filed by Josh Daniel re #404 MOTION to Dismiss (Volney, John)
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Filing 404
MOTION to Dismiss filed by Josh Daniel (Attachments: #1 Proposed Order) (Volney, John)
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Filing 403
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nick Austin. (Volney, John)
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Filing 402
Brief/Memorandum in Support filed by Nick Austin re #401 MOTION to Dismiss (Volney, John)
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Filing 401
MOTION to Dismiss filed by Nick Austin (Attachments: #1 Proposed Order) (Volney, John)
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Filing 400
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mike Austin. (Volney, John)
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Filing 399
Brief/Memorandum in Support filed by Mike Austin re #398 MOTION to Dismiss (Volney, John)
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Filing 398
MOTION to Dismiss filed by Mike Austin (Attachments: #1 Proposed Order) (Volney, John)
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Filing 397
ELECTRONIC Notice of Hearing: Telephone Conference set for 5/7/2020 10:00 AM before Judge Ada Brown. (chmb)
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Filing 396
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 4/9/2020. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :10. (chmb)
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Filing 395
ORDER granting #393 Unopposed Motion to Exceed Page Limits. The Omnibus Defendants may file an omnibus Motion to Dismiss not to exceed thirty-five pages. (Ordered by Judge Ada Brown on 4/8/2020) (ykp)
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Filing 394
Mail returned as undeliverable. #388 Scheduling Order, received back from Erik Bugen as No longer at this Address. No address update from last filed document. The current document has not been re-mailed. (hml)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:395. Wed Apr 8 14:57:13 CDT 2020 (crt)
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Filing 393
Unopposed MOTION for Leave to File Exceed Page Limit filed by Cary Rossel (Attachments: #1 Proposed Order) (Byers, Nisha)
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Filing 392
NOTICE of Attorney Appearance by Christina Victoria Alstrin on behalf of Josh Ihde. (Filer will update contact info in ECF.) (Alstrin, Christina)
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Filing 391
NOTICE of Attorney Appearance by Christopher A Payne on behalf of Josh Ihde. (Filer confirms contact info in ECF is current.) (Payne, Christopher)
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Filing 390
NOTICE of Attorney Appearance by Kevin N Colquitt on behalf of Yan Narosov. (Filer confirms contact info in ECF is current.) (Colquitt, Kevin)
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Filing 389
NOTICE of Attorney Appearance by Mazin A Sbaiti on behalf of Yan Narosov. (Filer confirms contact info in ECF is current.) (Sbaiti, Mazin)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:388. Mon Mar 23 15:34:45 CDT 2020 (crt)
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Filing 388
***VACATED PER 488 ORDER***SECOND AMENDED SCHEDULING ORDER: Jury Trial set for 3/2/2021 before Judge Ada Brown. Motions due by 11/24/2020. Discovery due by 11/3/2020. Pretrial Order due by 2/2/2021. Pretrial Materials due by 2/2/2021. Pretrial Conference set for 3/1/2021 10:00 AM before Judge Ada Brown. (Ordered by Judge Ada Brown on 3/20/2020) (chmb) Modified on 8/10/2020 (ykp).
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Filing 387
NOTICE of Attorney Appearance by John D Volney on behalf of Mike Austin, Nick Austin, Josh Daniel. (Filer confirms contact info in ECF is current.) (Volney, John)
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Filing 386
Electronic Order: The undersigned orders that all civil and criminal bench and jury trials, in-person court hearings, and sentencing proceedings scheduled to take place through May 1, 2020, are continued due to concerns about COVID-19 and consistent with the Northern District of Texas's Special Order Nos. 13-5 and 13-6, entered by Chief Judge Barbara Lynn on March 13, and March 18, 2020, respectively. In addition, if the attorneys have been ordered to conduct a face-to-face meeting for purposes of preparing a Rule 26(f) Joint Report, an in-person meeting is no longer required. These continuances do not modify any pending deadlines other than the trial or hearing dates mentioned above. Attorneys should file a motion with the Court to modify any other deadlines unless, as is the case in some cases transferred to this Court from other judges, the scheduling order allows the parties to reset deadlines by agreement without Court approval. Due to the Court's reduced ability to obtain an adequate spectrum of jurors, and due to the reduced availability of attorneys and court staff to be present in courtrooms because of the public health considerations associated with COVID-19, the period of the continuances associated with this Order and Special Order Nos. 13-5 and 13-6 are excluded by the Speedy Trial Act, 18 U.S.C. 3161(h) and 18 U.S.C. 3161 (h)(7)(A). The Court finds that the ends of justice served by ordering these continuances outweigh the best interests of the public and each defendants right to a speedy trial. In fact, the best interests of the public are served by these continuances. The Court encourages the parties to communicate with opposing counsel and litigants by video or telephone whenever possible. (Ordered by Judge Ada Brown on 3/19/2020) (lrl)
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Filing 384
AMENDED SCHEDULING ORDER: Trial set for three-week docket beginning 11/3/2020 before Judge Ada Brown. Motions due by 7/24/2020. Discovery due by 6/26/2020. Pretrial Order due by 10/2/2020. Pretrial Materials due by 10/2/2020. Pretrial Conference set for 11/2/2020 10:00 AM before Judge Ada Brown. (Ordered by Judge Ada Brown on 3/19/2020) (rekc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:382. NEF of Thu Mar 19 09:37:53 CDT 2020 (crt)
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Filing 385
Special Orders 13-5 and 13-6 re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (Ordered by Chief Judge Barbara M. G. Lynn on 3/16/2020 and 3/18/2020) (lrl)
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Filing 383
NOTICE of Attorney Appearance by Eric W Pinker on behalf of Mike Austin, Nick Austin, Josh Daniel. (Filer confirms contact info in ECF is current.) (Pinker, Eric)
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Filing 382
ELECTRONIC ORDER granting #381 Agreed Motion for Extension of Time and extending: (1) Defendants' deadline to answer or otherwise respond to Plaintiffs' First Amended Complaint to April 10, 2020; (2) Plaintiffs' deadline to file responses and briefs to any opposed motions in response to Plaintiffs' First Amended Complaint to May 15, 2020; and (3) Defendants' deadline to file a reply to Plaintiffs' response to twenty-one (21) days after the filing of Plaintiffs' response. (Ordered by Judge Ada Brown on 3/18/2020) (chmb)
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Filing 381
Agreed MOTION to Extend Time to respond/reply filed by Apex Pharma LLC, Mike Austin, Nick Austin, Rob Close, Dallasite Inc, Josh Daniel, Executive Healthcare LLC, Josh Ihde, Amir Mortazavi, Yan Narosov, Pioneer Laboratories LLC, Cary Rossel, Jeremy Rossel, Total Pharma LLC, True Labs LLC, Arvin Zeinali (Attachments: #1 Proposed Order Granting Motion for Extensions of Time)Attorney John Anthony Scully added to party Cary Rossel(pty:dft), Attorney John Anthony Scully added to party Jeremy Rossel(pty:dft) (Scully, John)
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Filing 380
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 3/4/2020. Telephone Conference set for 4/9/2020 10:00 AM before Judge Ada Brown. Attorney Appearances: Plaintiff - Scott Kerew; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :41. (chmb)
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Filing 379
ELECTRONIC Notice of Hearing: Telephone Conference set for 3/4/2020 10:00 AM before Judge Ada Brown. (chmb)
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Filing 378
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 3/3/2020. Attorney Appearances: Plaintiff - Scott Kerew; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :23. (chmb)
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Filing 377
ELECTRONIC Notice of Hearing: Telephone Conference set for 3/3/2020 10:00 AM before Judge Ada Brown. (chmb)
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Filing 376
WAIVER OF SERVICE Returned Executed as to True Labs LLC. Waiver sent on 2/12/2020. (Jubinsky, Andrew)
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Filing 375
SUMMONS Returned Executed as to Rob Close ; served on 2/22/2020. (Jubinsky, Andrew)
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Filing 374
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 2/18/2020. Attorney Appearances: Plaintiff - Scott Kerew, Adam Stinton; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :13. (chmb)
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Filing 373
WAIVER OF SERVICE Returned Executed as to Arvin Zeinali. Waiver sent on 1/16/2020. (Sinton, Adam)
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Filing 372
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 2/10/2020. (*** Telephone Conference set for 2/18/2020 10:00 AM before Judge Ada Brown.) Attorney Appearances: Plaintiff - Scott Kerew, Adam Stinton; Defense - Connor Nash. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :17. (chmb)
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Filing 371
WAIVER OF SERVICE Returned Executed as to Josh Ihde. Waiver sent on 1/27/2020. (Jubinsky, Andrew)
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Filing 370
SUMMONS Returned Executed as to Total Pharma LLC; served on 1/28/2020. (Jubinsky, Andrew)
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Filing 369
SUMMONS Returned Executed as to Executive Healthcare LLC; served on 1/28/2020. (Jubinsky, Andrew)
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Filing 368
SUMMONS Returned Executed as to Dallasite Inc; served on 1/28/2020. (Jubinsky, Andrew)
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Filing 367
SUMMONS Returned Executed as to Apex Pharma LLC; served on 1/28/2020. (Jubinsky, Andrew)
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ELECTRONIC Notice of Hearing: Telephone Conference set for 2/10/2020 02:00 PM before Judge Ada Brown. (chmb)
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Filing 366
WAIVER OF SERVICE Returned Executed as to Yan Narosov. Waiver sent on 2/3/2020. (Jubinsky, Andrew)
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Filing 364
WAIVER OF SERVICE Returned Executed as to Pioneer Laboratories LLC. Waiver sent on 1/22/2020. (Sinton, Adam)
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Filing 365
Mail returned as undeliverable. #347 Order received back from Erik Bugen as RTS - not here. No address update from last filed document. The current document has not been re-mailed. (axm)
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Filing 363
WAIVER OF SERVICE Returned Executed as to Jeremy Rossel. Waiver sent on 1/24/2020. (Scully, John)
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Filing 362
WAIVER OF SERVICE Returned Executed as to Cary Rossel. Waiver sent on 1/24/2020. (Scully, John)
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Filing 360
Summons Issued as to Apex Pharma LLC, Rob Close, Dallasite Inc, Executive Healthcare LLC, Yan Narosov, Cary Rossel, Jeremy Rossel, Total Pharma LLC, True Labs LLC. (rekc)
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Filing 359
***PLEASE DISREGARD FILED #360 *** Summons Issued as to Yan Narosov. (ndt) Modified on 1/24/2020 (ndt).
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Filing 358
Request for Clerk to issue Summonses filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Jubinsky, Andrew)
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Filing 361
Mail returned as undeliverable. #342 Order, #343 Order Referring Motion, received back from Erik Bugen as Return to sender; unable to forward. No address update from last filed document. The current document has not been re-mailed. (axm)
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Filing 357
WAIVER OF SERVICE Returned Executed as to Mike Austin. Waiver sent on 1/17/2020. (Jubinsky, Andrew)
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Filing 356
WAIVER OF SERVICE Returned Executed as to Nick Austin. Waiver sent on 1/17/2020. (Jubinsky, Andrew)
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Filing 355
WAIVER OF SERVICE Returned Executed as to Josh Daniel. Waiver sent on 1/17/2020. (Jubinsky, Andrew)
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Filing 354
Mail returned as undeliverable. 346 Order received back from Erik Bugen as Released. No address update from last filed document. The current document has not been re-mailed. (axm)
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Filing 353
NOTICE of Attorney Appearance by Andrew Baxter Ryan on behalf of Arvin Zeinali. (Filer confirms contact info in ECF is current.) (Ryan, Andrew)
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Filing 352
Sur-reply filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #323 MOTION for Sanctions Following 11/5/19 Telephonic Conf. (ECF No. 314). (ndt)
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Filing 351
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 1/8/2020. Attorney Appearances: Plaintiff - Adam Sinton; Defense - Connor Nash. (Court Reporter: Todd Anderson) (No exhibits) Time in Court - :35. (chmb)
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Filing 350
ELECTRONIC ORDER granting in part and denying in part #349 "Entity Defendants' Motion to Strike New Argument Raised in United's Reply or, in the Alternative, for Leave to File Brief Surreply Regarding United's Motion for Sanctions." Entity Defendants' Motion to Strike is DENIED; however, Entity Defendants' request for leave to file their surreply is GRANTED. No more argument will be permitted. The Clerk is directed to file Entity Defendants' proposed surreply, attached as a exhibit A to this Motion #349 , as a new docket entry. (Ordered by Magistrate Judge Rebecca Rutherford on 1/8/2020) (chmb)
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Filing 349
MOTION to Strike #345 Reply filed by Next Health LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Proposed Order B) (Bell, James)
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Filing 348
AMENDED COMPLAINT WITH JURY DEMAND against American Laboratories Group LLC, Erik Bugen, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC, Kirk Zajac, Apex Pharma LLC, Executive Healthcare LLC, Total Pharma LLC, True Labs LLC, Dallasite Inc, Andrew Hillman, Jeremy Rossel, Rob Close, Amir Mortazavi, Mike Austin, Nick Austin, Cary Rossel, Jen Sears, Alle Byeseda, Josh Ihde, Josh Daniel, Arvin Zeinali, Yan Narosov, Pioneer Laboratories LLC, Semyon Narosov filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. 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. (ndt) (Additional attachment(s) added on 2/19/2021: #1 Exhibit(s)) (chmb).
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Filing 347
ORDER: Having carefully considered the relevant submissions, the argument of counsel and testimony elicited on the matter during November 14, 2019 and January 6, 2020 hearings, and the applicable law, the Court finds no substantial reason to deny leave and therefore GRANTS United's motion for leave to amend complaint (Doc. No. #293 ). The Court ORDERS United's First Amended Complaint (Doc. No. 293-1) filed as of the date of this Order. (Ordered by Judge Ada Brown on 1/7/2020) (ndt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:347. Tue Jan 7 16:03:18 CST 2020 (crt)
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ELECTRONIC Notice of Hearing: Telephone Conference set for 1/8/2020 01:00 PM before Judge Ada Brown. (chmb)
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Minute Entry for proceedings held before Judge Ada Brown: Status Conference held on 1/6/2020. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton, Andy Jubinksi; Defense - Dan Wyde, Connor Nash. (Court Reporter: Todd Anderson) (Exhibits admitted) Time in Court - 02:07. (chmb) Modified text on 1/8/2020 (chmb).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of 346 Mon Dec 23 09:13:53 CST 2019 (crt)
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Filing 346
ELECTRONIC ORDER: Status Conference previously set for 1/3/2020 is reset for 1/6/2020 02:00 PM in US Courthouse, Courtroom 1310, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Ada Brown. (Ordered by Judge Ada Brown on 12/20/2019) (chmb)
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Filing 345
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #323 MOTION for Sanctions Following 11/5/19 Telephonic Conf. (ECF No. 314) (Attachments: #1 Appendix) (Sinton, Adam)
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Filing 344
Mail returned as undeliverable. #335 Order received back from Erik Bugen as return to sender, released. No address update from last filed document. The current document has not been re-mailed. (axm)
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Filing 343
***VACATED PER #504 ORDER*** ORDER OF REFERENCE: Pursuant to 28 U.S.C. 636(b), United's Motion for Sanctions Based on Entity Defendants' Repeated Violations of Discovery Orders (Doc. #323 ), is referred to United States Magistrate Judge Rebecca Rutherford for hearing, if necessary, and determination. (Ordered by Judge Ada Brown on 12/16/2019) (twd) Modified on 9/16/2020 (axm).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:343. Mon Dec 16 15:45:55 CST 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:342. Thu Dec 12 09:47:45 CST 2019 (crt)
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Filing 342
ORDER: Plaintiffs are ORDERED to submit, on or before 12/17/2019, the document collection, along with any summary of explanation, to the Court for its review in camera only. For the same reason, the Court DENIES Defendants' #318 Motion to Inspect. (Ordered by Judge Ada Brown on 12/10/2019) (svc)
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Filing 341
Notice of Filing of Official Electronic Transcript of Telephonic Hearing Proceedings held on 11-20-2019 before Judge Ada Brown. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (25 pages) Redaction Request due 12/27/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/5/2020. (kaw)
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Filing 340
Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 11-14-19 before Judge Brown. Court Reporter/Transcriber Todd Anderson, Telephone number 214-753-2170. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (84 pages) Redaction Request due 12/27/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/5/2020. (jta)
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Filing 339
RESPONSE filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #323 MOTION for Sanctions Following 11/5/19 Telephonic Conf. (ECF No. 314) (Bell, James)
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Filing 338
Brief/Memorandum in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #336 Notice (Other) (Attachments: #1 Cover Sheet) (Bell, James)
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Filing 337
Order Administratively Closing Case. Pending before the Court is Plaintiffs' Motion for Leave to Amend Complaint (Doc. No. #293 ), in which Plaintiffs seek leave to add new claims and twenty new defendants to this case. Additionally, counsel for Defendants has represented that it will to file a motion to stay the case in the near future. The Court determines that, until resolution of these motions, there appears to be no further reason at this time to maintain the file as open for statistical purposes. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Ada Brown on 11/22/2019) (axm)
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Filing 336
NOTICE of Filing of Letter Brief re: 325 Status Conference, filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Letter Brief Requested by ECF No. 325) (Kerew, Scott)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:337. Fri Nov 22 15:39:35 CST 2019 (crt)
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Filing 335
ORDER: Per the Court's telephone conference with the parties today, Defendants are ORDERED, no later than 12/2/2019 at 5:00 p.m., to produce and file with the Court (1) a log identifying each document Defendants seek to claw back with a sufficiently-detailed entry describing each document and the basis for asserting it is protected by attorney-client or work product privilege, and (2) an affidavit by each person who reviewed the documents attesting to the specific documents that person reviewed and the person's good faith belief that each of those documents is protected by attorney-client or work product privilege. (Ordered by Judge Ada Brown on 11/20/2019) (twd) Docket text modified on 11/20/2019 (twd).
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Filing 334
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 11/20/2019. Attorney Appearances: Plaintiff - Scott Kerew, Adam Sinton; Defense - Connor Nash, Dan Wyde. (Court Reporter: Visiting Reporter) (Kelli Ann Willis) (No exhibits) Time in Court - :22. (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of 330 Wed Nov 20 09:21:55 CST 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:335. Wed Nov 20 15:31:00 CST 2019 (crt)
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Filing 333
RESPONSE filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #306 MOTION for Attorney Fees Application for Reasonable Expenses and Attorneys' Fees (Attachments: #1 Exhibit(s)) (Bell, James)
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Filing 332
RESPONSE filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #306 MOTION for Attorney Fees Application for Reasonable Expenses and Attorneys' Fees (Attachments: #1 Exhibit(s)) (Bell, James)
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Filing 331
RESPONSE filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #306 MOTION for Attorney Fees Application for Reasonable Expenses and Attorneys' Fees (Attachments: #1 Exhibit(s)) (Bell, James)
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Filing 330
ELECTRONIC ORDER: Telephone Conference reset for 11/20/2019 01:30 PM before Judge Ada Brown. (Ordered by Judge Ada Brown on 11/18/2019) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of 328 Mon Nov 18 09:29:04 CST 2019 (crt)
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Filing 329
NOTICE of Attorney Appearance by James S Bell for Connor Nash and Dan Wyde on behalf of American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (Bell, James)
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Filing 328
ELECTRONIC ORDER: Telephone Conference set for 11/18/2019 10:30 AM before Judge Ada Brown. (Ordered by Judge Ada Brown on 11/16/2019) (chmb)
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Filing 327
NOTICE of Entity Defendants' ESI Production filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 326
NOTICE of Entity Defendants' ESI Production Per the Court's Instructions filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 325
ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Status Conference held on 11/14/2019. Letter brief due on 11/22/2019, Response due 12/4/2019, In Camera due 12/11/2019, and Status Conference set for 1/3/2020 at 10:30am. Attorney Appearances: Plaintiff - Soctt Kerew, Andrew Jubinsky; Defense - James Bell, Connor Nash, Dan Wyde. (Court Reporter: Todd Anderson) (Exhibits admitted- housed in CRD's office) Time in Court - 02:23. (chmb)
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Filing 324
ORDER: The Court's Order Referring Case to Mediation (Doc. No. #282 ), entered August 28, 2019, is hereby VACATED. (Ordered by Judge Ada Brown on 11/14/2019) (ndt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:324. Thu Nov 14 16:51:40 CST 2019 (crt)
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Filing 323
MOTION for Sanctions Following 11/5/19 Telephonic Conf. (ECF No. 314) filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Appendix, #2 Proposed Order) (Sinton, Adam) Modified on 9/23/2020 to show that #506 was construed as amended motion for sanctions (lrl).
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Filing 322
MOTION for Discovery to Inspect Doc 318-1 filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Proposed Order) (Bell, James)
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Filing 319
NOTICE of Completion of Entity Defendents' ESI Production filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 318
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #300 Order Setting Deadline/Hearing,, (Attachments: #1 Exhibit(s) A) (Sinton, Adam)
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Filing 317
Notice of Filing of Official Electronic Transcript of Telephone Conference Proceedings held on 11/05/2019 before Judge Rebecca Rutherford. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (11 pages). Redaction Request due 11/29/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/5/2020. (Rehling, Kathy)
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Filing 316
NOTICE of Entity Defendants' ESI Production filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 315
NOTICE of Entity Defendants' Privilege Log filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 314
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Telephone Conference held on 11/5/2019. Attorney Appearances: Plaintiff - Scott Preston Kerew; Defense - James S. Bell and Connor Nash. (Court Reporter: Digital File) (No exhibits) Time in Court - 0:16. (chmb) Modified on 11/5/2019 to correct date of hearing (ctf).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:310, 311. NEF of Tue Nov 5 10:25:40 CST 2019 (crt)
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Filing 313
NOTICE of Production and Privilege Log filed by American Laboratories Group LLC, Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Bell, James)
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Filing 312
(Document Restricted) Sealed Exhibits to #306 Application for Reasonable Expenses and Attorneys' Fees filed by United Healthcare Services Inc, United Healthcare Insurance Company (Attachments: #1 Exhibit B) (ykp)
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Filing 311
ELECTRONIC ORDER: Plaintiffs' Motion for Attorneys' Fees #306 is before the Court. If the Entity Defendants wish to file a response to Plaintiffs' Motion, they may do so by 11/18/2019. No reply is necessary. (Ordered by Magistrate Judge Rebecca Rutherford on 11/4/2019) (chmb)
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Filing 310
ELECTRONIC ORDER granting sealed and/or ex parte motion #305 . The Court grants Plaintiffs' Motion for Leave to File Exhibits to Application for Reasonable Expenses and Attorneys' Fees Under Seal and directs the Clerk to file Exhibits 1 and 2 attached to that Motion #305 as sealed exhibits to Plaintiffs' Motion for Attorneys' Fees #306 , filed as of the date of the Motion for Attorneys' Fees. (Ordered by Magistrate Judge Rebecca Rutherford on 11/4/2019) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:309. Mon Nov 4 09:22:11 CST 2019 (crt)
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Filing 308
STATUS REPORT filed by ADR Provider, American Laboratories Group LLC, Cardinal Pain Center, P.A., Medical Center Pain Management, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (Bell, James)
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Filing 307
(Document Restricted) Notice of Updated Privilege Log (Sealed pursuant to SO 19-1, statute, or rule) filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Bell, James)
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Filing 309
ORDER denying #303 Motion to Extend Time. (Ordered by Magistrate Judge Rebecca Rutherford on 11/1/2019) (mla)
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Filing 306
MOTION for Attorney Fees Application for Reasonable Expenses and Attorneys' Fees filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Murray, Claire)
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Filing 305
(Document Restricted) Motion for Leave to File Exhibits to Application for Reasonable Expenses and Attorneys' Fees Under Seal (Sealed pursuant to motion to seal) filed by United Healthcare Services Inc (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Murray, Claire)
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Filing 304
OBJECTION filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #303 MOTION to Extend Time to Complete Privilege Review of Documents (Kerew, Scott)
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Filing 303
MOTION to Extend Time to Complete Privilege Review of Documents filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 302
Notice of Filing of Official Electronic Transcript of Motion Proceedings held on 9-20-19 before Judge Rutherford. Court Reporter/Transcriber Dipti Patel, Telephone number 847-848-4907. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (16 pages). Redaction Request due 11/21/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/29/2020. (Patel, Dipti)
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Filing 301
STATUS REPORT filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (Cash, Kelley)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:300. Fri Oct 25 11:00:41 CDT 2019 (crt)
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Filing 300
ORDER: So the Court may determine whether to grant leave to amend, Plaintiffs are ORDERED to provide no later than 11/7/2019, the newly-discovered documents or other evidence (along with their dates of production or discovery) showing each person or entity Plaintiffs seek to join as a defendant is a proper party to this lawsuit. Motion Hearing set for 11/14/2019 09:00 AM in US Courthouse, Courtroom 1306, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Ada Brown. (Ordered by Judge Ada Brown on 10/24/2019) (rekc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of 298 Wed Oct 23 14:16:50 CDT 2019 (crt)
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Filing 299
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #293 MOTION for Leave to File First Amended Complaint (Cash, Kelley)
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Filing 298
ELECTRONIC ORDER granting #297 Unopposed Motion to Extend Entity Defendants' Time to File Response to Plaintiffs' Motion for Leave to File First Amended Complaint. (Ordered by Judge Ada Brown on 10/22/2019) (chmb)
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Filing 297
MOTION for Extension of Time to File Response/Reply to #293 MOTION for Leave to File First Amended Complaint filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Proposed Order) (Cash, Kelley)
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Filing 296
STATUS REPORT filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (Cash, Kelley)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of 295 Wed Oct 9 14:37:30 CDT 2019 (crt)
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Filing 295
ELECTRONIC ORDER granting #292 Motion to Withdraw as Attorney. Attorney C. Trey Scott terminated. (Ordered by Judge Ada Brown on 10/8/2019) (chmb)
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Filing 294
ORDER: Per Special Order 3-335 issued on September 18, 2019, your case has been transferred to Judge Ada Brown. All parties are instructed that any existing scheduling orders and deadlines imposed by the previous judge remain in place unless the parties are otherwise notified by this Court. (Ordered by Judge Ada Brown on 10/8/2019) (cea)
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Filing 293
MOTION for Leave to File First Amended Complaint filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment First Amended Complaint, #2 Exhibit(s) A to proposed FAC, #3 Exhibit(s) B to proposed FAC, #4 Exhibit(s) C to proposed FAC, #5 Exhibit(s) D to proposed FAC, #6 Exhibit(s) E to proposed FAC, #7 Exhibit(s) F to proposed FAC, #8 Exhibit(s) G to proposed FAC, #9 Exhibit(s) H to proposed FAC, #10 Exhibit(s) I to proposed FAC, #11 Exhibit(s) J to proposed FAC, #12 Exhibit(s) K to proposed FAC) (Sinton, Adam)
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Filing 292
MOTION to Withdraw as Attorney C. Trey Scott filed by Kirk Zajac (Attachments: #1 Proposed Order) (Scott, Calvin)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:291. Mon Sep 23 11:09:07 CDT 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:290. Mon Sep 23 09:55:02 CDT 2019 (crt)
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Filing 291
STANDING ORDER ON DISCOVERY MOTIONS. (Ordered by Magistrate Judge Rebecca Rutherford on 9/20/2019) (aaa)
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Filing 290
ORDER granting #275 Motion to Enforce Compliance with the Court's Prior Discovery Order. (Ordered by Magistrate Judge Rebecca Rutherford on 9/20/2019) (rekc)
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Filing 289
Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Motion Hearing held on 9/20/2019. Re: #275 MOTION to Compel Compliance with the Court's Discovery Order filed by United Healthcare Services Inc, United Healthcare Insurance Company. Attorney Appearances: Plaintiff - Claire Murray; Defense - Kelly Cash. (Court Reporter: Digital File) (No exhibits) Time in Court - :21. (mcrd)
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Filing 288
NOTICE of Attorney Appearance by Claire Catherine Murray on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Murray, Claire)
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Filing 287
Joint STATUS REPORT Regarding September 20, 2019 Hearing filed by Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (Cash, Kelley)
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Filing 286
Special Order 3-335: Effective September 18, 2019, the cases listed on Exhibit A to this order are transferred to Judge Ada E. Brown's docket and shall henceforth be designated by the suffix letter "E." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 9/18/2019) (cea)
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Filing 285
ELECTRONIC ORDER: In advance of the 9/20/2019 hearing before Judge Rutherford on Plaintiffs' "Motion to Enforce Compliance with the Court's Prior Discovery Order," #275 , the Court orders the parties to submit an updated joint status report by 5:00 PM on 9/19/2019 advising the Court as to: (a) the number of documents that still need to be reviewed; (b) whether counsel for the Entity Defendants obtained permission from the Entity Defendants to retain additional people to review the documents, and if so, when and how many people were hired; (c) when counsel for the Entity Defendants will have completed the document review for privilege, produced all non-privileged documents, and provided a privilege log; and (d) what the substantive issues are that need to be addressed at the 9/20/2019 hearing. The joint status report must be signed by all participating attorneys. (Ordered by Magistrate Judge Rebecca Rutherford on 9/18/2019) (chmb)
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Filing 284
Joint STATUS REPORT re: ECF No. 276 filed by United Healthcare Services Inc. (Sinton, Adam)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:283. Fri Aug 30 09:27:20 CDT 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:283. Thu Aug 29 10:51:39 CDT 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:282. Thu Aug 29 10:20:03 CDT 2019 (crt)
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Filing 283
SCHEDULING ORDER: Jury Trial set for Court's three-week docket beginning 10/5/2020 before Judge Karen Gren Scholer. The parties shall mediate this case before Jeff Kaplan (the "Mediator") at least 90 days before the Trial Setting. Joinder of Parties due by 9/30/2019. Amended Pleadings due by 9/30/2019. Motions due by 4/17/2020. Discovery due by 3/27/2020. Pretrial Conference set for 9/24/2020 at 1:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 8/28/2019) (aaa) (Main Document 283 replaced on 8/30/2019) (mla).
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Filing 282
***VACATED per #324 ORDER*** ORDER REFERRING CASE TO MEDIATION. The court appoints Jeff Kaplan as mediator. Mediation shall be in person and completed 90 days before trial. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. The clerk will send any requested documents to the mediator. (Ordered by Judge Karen Gren Scholer on 8/28/2019) (aaa) Modified on 11/14/2019 (ndt).
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Filing 281
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC re: #275 MOTION to Compel Compliance with the Court's Discovery Order (Attachments: #1 Exhibit(s) 1) (Cash, Kelley)
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Filing 280
Proposal for contents of scheduling and discovery order by UnitedHealthcare Insurance Company. (Sinton, Adam)
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Filing 279
Notice of Filing of Official Electronic Transcript of Motion Proceedings held on 05/28/2019 before Judge Scholer. Court Reporter/Transcriber Lanie Smith, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (17 pages) Redaction Request due 9/12/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/20/2019. (lms)
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Filing 278
Notice of Filing of Official Electronic Transcript of Motion Proceedings held on 08/27/2018 before Judge Scholer. Court Reporter/Transcriber Lanie Smith, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (42 pages) Redaction Request due 9/12/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/20/2019. (lms)
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Filing 277
ELECTRONIC ORDER: The parties in this case appeared before the Court through counsel for a motion hearing on May 29, 2019. Pursuant to the Court's instructions at the hearing, the parties were required to submit an agreed proposed amended scheduling order for the Court's review. At this time, the Court is not in receipt of any proposed scheduling order. The Court orders the parties to submit their proposed amended scheduling order by August 26, 2019. If the parties cannot come to an agreement, the parties should each submit a proposed scheduling order for the Court's review by such date. Proposed orders must be emailed in Microsoft Word format to Scholer_Orders@txnd.uscourts.gov. (Ordered by Judge Karen Gren Scholer on 8/16/2019) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:277. Fri Aug 16 15:22:55 CDT 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:276. Thu Aug 8 13:07:26 CDT 2019 (crt)
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Filing 276
ORDER REQUIRING JOINT STATUS REPORT AND SETTING HEARING: Joint Status Report due by 9/6/2019. Motion Hearing set for 9/20/2019 09:30 AM before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 8/7/2019) (rekc)
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Filing 275
MOTION to Compel Compliance with the Court's Discovery Order filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) Exhibit A, #2 Proposed Order) (Sinton, Adam)
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Filing 274
ORDER granting #268 Motion to Dismiss. The Court grants United's Motion to Dismiss to the extent stated herein and dismisses the Entity Defendants' counterclaims with prejudice. (Ordered by Judge Karen Gren Scholer on 7/17/2019) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:274. Wed Jul 17 14:06:17 CDT 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:273. NEF Tue Jun 25 12:15:29 CDT 2019 (crt)
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Filing 273
ELECTRONIC ORDER terminating #259 Motion to Quash and CANCELLING hearing set for 6/26/2019. In #272 Joint Report, the parties represent that (i) Dr. Ubinas-Brache has agreed to withdraw #259 Motion to Quash without prejudice and without waiver of the objections raised in his Motion and to provide a written response to the Subpoena and produce responsive documents, subject to the objections he previously raised, by July 12, 2019; and (ii) United reserves the right to file a Motion to Compel if it is unsatisfied with the status of Dr. Ubinas-Brache's compliance or if the parties have been unable to come to an agreement concerning Request No. 12. In view of these representations, #259 Motion to Quash is terminated and the 6/26/2019 hearing on the Motion is CANCELLED. (Ordered by Magistrate Judge Rebecca Rutherford on 6/24/2019)
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Filing 272
Joint STATUS REPORT CONCERNING NON-PARTY EMMANUEL UBINAS-BRACHE, M.D.'S MOTION TO QUASH SUBPOENA filed by Emmanuel E Ubinas-Brache, United Healthcare Services Inc. (Collins, Joseph)
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Filing 271
AMENDED PROTOCOL FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION. (Ordered by Judge Karen Gren Scholer on 6/21/2019) (aaa)
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Filing 270
NOTICE of Attorney Appearance by Timothy A Daniels on behalf of United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Daniels, Timothy)
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Filing 269
AMENDED DOCUMENT by United Healthcare Services Inc. Amended Protocol for Discovery of Electronically Stored Information. (Kerew, Scott)
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Filing 268
MOTION to Dismiss and Strike First Amended Counterclaims filed by United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Jubinsky, Andrew)
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Filing 267
ELECTRONIC ORDER granting #265 Motion to Withdraw as Attorney. Attorneys Brian Glenn Flood and Timothy Paul Ribelin are terminated as counsel for non-parties Vijayasree Arvind, M.D. and Cardinal Pain Center, P.A. (Ordered by Judge Karen Gren Scholer on 6/5/2019) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:264. Wed Jun 5 12:26:47 CDT 2019 (crt)
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Filing 265
MOTION to Withdraw as Attorney for Non-Parties Vijayasree "Vijay" Arvind, M.D. and Cardinal Pain Center, P.A. filed by Vijayasree Arvind, Cardinal Pain Center, P.A. (Attachments: #1 Proposed Order Granting Motion to Withdraw as Counsel for Non-Parties Dr. Arvind and Cardinal Pain Center, P.A.) (Ribelin, Timothy)
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Filing 264
ORDER REQUIRING JOINT STATUS REPORT AND SETTING HEARING: Status Report due by 6/21/2019. Motion Hearing set for 6/26/2019 02:00 PM before Magistrate Judge Rebecca Rutherford re: #259 MOTION to Quash Plaintiff's Subpoena (Ordered by Magistrate Judge Rebecca Rutherford on 6/3/2019) (svc)
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Filing 263
ORDER REFERRING CASE to Magistrate Judge Rebecca Rutherford for all discovery matters. (Ordered by Judge Karen Gren Scholer on 5/30/2019) (svc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:263. and NEF of 262 Thu May 30 14:11:00 CDT 2019 (crt)
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Filing 266
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 5/29/2019 re #227 Motion for Sanctions filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. re: #227 MOTION for Sanctions and Brief in Support Attorney Appearances: Plaintiff - Scott Kerew; Defense - Kelly Cash. (Court Reporter: Lanie Smith) (No exhibits) Time in Court - :55. (chmb)
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Filing 262
ELECTRONIC ORDER finding as moot #227 Motion for Sanctions. The Motion was resolved on the record at the hearing on May 29, 2019. (Ordered by Judge Karen Gren Scholer on 5/29/2019) (chmb)
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Filing 261
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #259 MOTION to Quash Plaintiff's Subpoena (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C) (Mooney, Stephen)
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Filing 260
ELECTRONIC ORDER: Motion Hearing is set for 5/29/2019 at 10:00 AM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Karen Gren Scholer re: #227 MOTION for Sanctions. (Ordered by Judge Karen Gren Scholer on 5/23/2019) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:260. Nef #260. Thu May 23 12:07:55 CDT 2019 (crt)
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Filing 259
MOTION to Quash Plaintiff's Subpoena filed by Emmanuel E Ubinas-Brache Attorney Joseph O Collins, Jr added to party Emmanuel E Ubinas-Brache(pty:mov) (Collins, Joseph)
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Filing 258
ORDER granting #257 Amended Motion to Withdraw as Attorney. Attorney Raymond Earl Walker terminated (Ordered by Judge Karen Gren Scholer on 5/2/2019) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:258. Thu May 2 15:39:28 CDT 2019 (crt)
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Filing 257
Amended MOTION to Withdraw as Attorney filed by United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company (Attachments: #1 Proposed Order) (Walker, Raymond)
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Filing 256
MOTION to Withdraw as Attorney filed by United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company (Attachments: #1 Proposed Order) (Walker, Raymond)
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Filing 255
NOTICE of Intention to Serve Subpoenas To Produce Documents, Information or Objects on Nonparties filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 254
ELECTRONIC ORDER: Unless exempted, Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in or maintain their principal office within 50 miles of this district. To date, one or more of the parties has failed to comply with Local Rule 83.10 or file a motion for leave to appear without local counsel. The parties have twenty days from this date to comply if they have not already done so. (Ordered by Judge Karen Gren Scholer on 4/18/2019) (chmb)
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Filing 253
NOTICE of Intent to Serve Subpoena on Non-Party Shikha Sethi filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 252
NOTICE of Intent to Serve Subpoena on Non-Party Victoria D. Knoll filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 251
NOTICE of Intent to Serve Subpoena on Non-Party Richard Marks filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 250
NOTICE of Intent to Serve Subpoena on Non-Party Mounir Mekhail filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 249
NOTICE of Intent to Serve Subpoena on Non-Party Jacob Rosenstein filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 248
NOTICE of Intent to Serve Subpoena on Emmanuel Urbanis Ubinas-Brache filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 247
NOTICE of Intent to Serve Subpoena on Non-Party Jeffrey Wasserman filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 246
NOTICE of Intent to Serve Subpoena on Non-Party J. Todd Carruthers filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:245. Mon Apr 1 09:15:52 CDT 2019 (crt)
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Filing 245
Memorandum Opinion and Order granting in part and denying in part #194 Motion to Dismiss First Amended Counterclaim or for More Definite Statement. The Entity Defendants must file amended pleadings by 4/30/2019. (Ordered by Judge Karen Gren Scholer on 3/29/2019) (axm)
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Filing 244
AFFIDAVIT re #241 Notice (Other), Affidavit of Service of Subpoena to Testify at a Deposition and Subpoena to Produce Documents, Information or Objects to Jennifer Maloney Sears Served on 02.15.19 by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Mooney, Stephen)
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Filing 243
AFFIDAVIT re #242 Notice (Other), Affidavit of Service of Subpoena to Testify at a Deposition and Subpoena to Produce Documents, Information or Objects to Alle Yarbrough Byeseda Served on 02.14.19 by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Mooney, Stephen)
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Filing 242
NOTICE of Intention to Serve Subpoena to Testify at a Deposition and Subpoena to Produce Documents, Information or Objects to Alle Yarbrough Byeseda filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 241
NOTICE of Intention to Serve Subpoena to Testify at a Deposition and Subpoena to Produce Documents, Information or Objects to Jennifer Maloney Sears filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 240
NOTICE of Intention to Take the Video Deposition of Alle Yarbrough Byeseda filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 239
NOTICE of Intention to Take the Video Deposition of Jennifer Maloney Sears filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 238
Order Accepting #235 Findings and Recommendations. The Motion to Set Aside Clerk's Entry of Default is granted and the Clerk of Court is directed to set aside the entry of default against Defendant Kirk Zajac's. Plaintiffs' Motion for Default Judgment Against Defendant Kirk Zajac (ECF No. #141 ) is DENIED as moot. (Ordered by Judge Karen Gren Scholer on 2/7/2019) (epm) Modified on 2/8/2019 (axm).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:238. Thu Feb 7 14:23:03 CST 2019 (crt)
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Filing 237
ORDER ACCEPTING #234 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re #205 MOTION to Remove the Defendant Erik Bugen from the Cause and Case. The motion is DENIED. (Ordered by Judge Karen Gren Scholer on 2/5/2019) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:237. Tue Feb 5 14:49:20 CST 2019 (crt)
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Filing 235
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should GRANT #181 Motion to Set Aside Clerk's Entry of Default, direct the Clerk of Court to set aside the entry of default against Zajac, and DENY as moot Plaintiffs' #141 MOTION for Default Judgment against Kirk Zajac. Zajac's #182 MOTION for Leave to File To File Answer is GRANTED. (Ordered by Magistrate Judge Rebecca Rutherford on 1/17/2019) (rekc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:235. Thu Jan 17 14:07:36 CST 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:233. Mon Jan 14 09:14:06 CST 2019 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:234. Mon Jan 14 09:23:10 CST 2019 (crt)
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Filing 234
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Before the Court is pro se Defendant Erik Bugen's Motion to Remove the Defendant from the Cause and Case (ECF No. #205 ), which the Court should construe as a motion for summary judgment and deny the Motion. The Court should DENY Erik Bugen's Motion to Remove the Defendant from the Cause and Case (ECF No. #205 ). (see order) (Ordered by Magistrate Judge Rebecca Rutherford on 1/11/2019) (mcrd)
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Filing 233
ORDER denying #203 Motion for the Court to Accept Declaration of Inability to Pay. Defendant states that he is a federal prisoner, and he requests permission to proceed in forma pauperis in this litigation that is, without the payment of any filing fee or court cost. However, no fees or other costs are currently due from Defendant. Accordingly, his Motion is DENIED without prejudice because it is unnecessary. (Ordered by Magistrate Judge Rebecca Rutherford on 1/11/2019) (mcrd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:232. Tue Jan 8 09:42:41 CST 2019 (crt)
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Filing 232
ELECTRONIC ORDER: Pretrial Conference is reset for 10/10/2019 01:30 PM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 1/7/2019) (chmb)
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Filing 231
ORDER: Trial reset for 10/21/2019 before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 1/2/2019) (epm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:231. Wed Jan 2 16:33:48 CST 2019 (crt)
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Filing 230
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #227 MOTION for Sanctions and Brief in Support (Sinton, Adam)
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Filing 229
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #228 Response/Objection (Cash, Kelley)
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Filing 228
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #227 MOTION for Sanctions and Brief in Support (Cash, Kelley)
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Filing 227
MOTION for Sanctions and Brief in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A) (Kerew, Scott)
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Filing 226
REPLY filed by United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company re: #194 MOTION to Dismiss First Amended Counterclaim or for More Definite Statement (Walker, Raymond)
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Filing 225
AMENDED CONSENT ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO TAKE THE DEPOSITIONS OF PRISONERS HILLMAN AND NAROSOV: The Plaintiffs shall be allowed to take the depositions of Andrew Hillman and Semyon Narosov at the facilities at which they are detained. (Ordered by Judge Karen Gren Scholer on 10/1/2018) (sss)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:225. Mon Oct 1 14:29:36 CDT 2018 (crt)
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Filing 224
ORDER granting #222 Motion for Extension of Time to File Reply in Support of Motion to Dismiss First Amended Counterclaim or for More Definite Statement. Replies due by 10/2/2018. (Ordered by Judge Karen Gren Scholer on 9/25/2018) (zkc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 224. Tue Sep 25 15:12:21 CDT 2018 (crt)
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Filing 223
NOTICE of Intention to Serve Deposition Subpoenas and Subpoenas to Produce Documents, Information or Objects on Non Parties filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 222
Agreed MOTION for Extension of Time to File Reply in support of Motion to Dismiss First Amended Counterclaim or for more definite statement filed by United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company (Attachments: #1 Proposed Order) (Jubinsky, Andrew)
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Filing 221
ORDER granting #195 Motion for for Leave to Take the Depositions of Prisoners Hillman and Narosov. (Ordered by Judge Karen Gren Scholer on 9/14/2018) (ndt)
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Filing 220
RESPONSE filed by UnitedHealthcare Insurance Company re: #205 MOTION to Remove the Defendant Erik Bugen from the Cause and Case (Kerew, Scott)
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Filing 219
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #202 Response/Objection (Kerew, Scott)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:221. Fri Sep 14 16:37:35 CDT 2018 (crt)
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Filing 218
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #194 MOTION to Dismiss First Amended Counterclaim or for More Definite Statement (Cash, Kelley)
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Filing 217
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #195 MOTION for Discovery Plaintiffs' Motion for Leave to Take the Depositions of Prisoners Hillman and Narosov and Brief in Support (Sinton, Adam)
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Filing 216
ORDER granting #213 Motion to Extend Time to File Response/Reply. It is therefore ORDERED, ADJUDGED and DECREED that the deadline for the Entity Defendants' to file their Response to Plaintiffs' Motion to Dismiss, Docket Number #194 , is hereby extended to 9/11/2018. (Ordered by Judge Karen Gren Scholer on 9/7/2018) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:216. Fri Sep 7 16:12:34 CDT 2018 (crt)
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Filing 215
NOTICE of Non-Opposition re: #213 MOTION for Extension of Time to File Response/Reply to #194 MOTION to Dismiss First Amended Counterclaim or for More Definite Statement filed by UnitedHealthcare Insurance Company (Sinton, Adam)
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Filing 214
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #195 MOTION for Discovery Plaintiffs' Motion for Leave to Take the Depositions of Prisoners Hillman and Narosov and Brief in Support (Cash, Kelley)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF #198. Wed Sep 5 17:10:14 CDT 2018 (crt)
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Filing 213
MOTION for Extension of Time to File Response/Reply to #194 MOTION to Dismiss First Amended Counterclaim or for More Definite Statement filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Proposed Order) (Cash, Kelley)
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Filing 212
ORDER denying #191 Motion to Stay. (Ordered by Judge Karen Gren Scholer on 8/31/2018) (epm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:212. Fri Aug 31 15:15:18 CDT 2018 (crt)
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Filing 211
REPLY filed by Kirk Zajac re: #200 Response/Objection (Kennedy, Mark)
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Filing 209
Mail returned as undeliverable. 198 Order Setting Deadline/Hearing, received back from Erik Bugen as RTS. Address updated from last filed document, #202 . New address: BOP Beaumont USP - Camp, PO Box 26010, Beaumont, TX 77720-6010. The current document has been re-mailed. (epm) Modified text on 9/13/2018 (axm).
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Filing 208
ELECTRONIC Order Referring Motion re: #203 MOTION for Leave to Proceed in forma pauperis, #205 MOTION to Remove the Defendant Erik Bugen from the Cause and Case and #182 MOTION for Leave to File To File Answer. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Karen Gren Scholer on 8/28/2018) (chmb)
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Filing 210
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 8/27/2018 Re: #191 Motion to Stay filed by American Laboratories Group LLC, US Toxicology LLC, Next Health LLC, Medicus Laboratories LLC, United Toxicology LLC. Attorney Appearances: Plaintiff - Raymond Walker and Scott Kerew; Defense - Kelley Cash, James Bell, Lurese Terrell and Nicole Ward. (Court Reporter: Lanie Smith) (No exhibits) Time in Court - 1:10. (chmb)
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Filing 207
Mail returned as undeliverable. #199 Order Setting Deadline/Hearing, received back from Erik Bugen as not deliverable as addressed; unable to forward. Address updated from last filed document, #202 . New address: BOP Beaumont USP - Camp PO Box 26010, Beaumont, TX 77720-6010. The current document has been re-mailed. (axm)
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Filing 206
CERTIFICATE OF SERVICE by Erik Bugen re #202 Response/Objection, #203 MOTION for the Court to Accept Declaration of Inability to Pay, #205 MOTION to Remove the Defendant Erik Bugen from the Cause and Case, #204 Declaration of Inability to Pay. (axm)
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Filing 205
MOTION to Remove the Defendant Erik Bugen from the Cause and Case filed by Erik Bugen. (axm)
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Filing 204
Declaration of Inability to Pay by Erik Bugen. (axm)
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Filing 203
MOTION for the Court to Accept Declaration of Inability to Pay filed by Erik Bugen. (axm)
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Filing 202
RESPONSE filed by Erik Bugen re: #174 Order on Motion for Order to Show Cause. (axm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:199. re-mailed to BOP Beaumont USP - Camp, PO Box 26010, Beaumont, TX 77720-6010 Fri Aug 24 17:27:02 CDT 2018 (crt)
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Filing 201
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #191 Emergency MOTION to Stay (Kerew, Scott)
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Filing 200
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #181 MOTION to Set Aside #24 Clerk's Entry of Default (Sinton, Adam)
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Filing 199
ORDER: It is hereby ORDERED that Plaintiffs shall respond to Defendants' Motion to Stay This Civil Proceeding Pending Resolution of a Parallel Criminal Proceeding [ECF No. #191 ] by Thursday, 8/23/2018. The Court will hear arguments on the Motion on Monday, 8/27/2018, at 2:00p.m. (Ordered by Judge Karen Gren Scholer on 8/16/2018) (aaa)
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Filing 198
ELECTRONIC ORDER: Motion Hearing is set for 8/27/2018 02:00 PM in the US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Karen Gren Scholer re: #191 Emergency MOTION to Stay. (Ordered by Judge Karen Gren Scholer on 8/16/2018) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:199. Thu Aug 16 15:52:23 CDT 2018 (crt)
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Filing 197
NOTICE of Intention to Serve Subpoenas Duces Tecum on Nonparties Andrew Hillman and Semyon Narosov filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Exhibit(s) Exhibit 1) (Mooney, Stephen)
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Filing 196
Appendix in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #195 MOTION for Discovery Plaintiffs' Motion for Leave to Take the Depositions of Prisoners Hillman and Narosov and Brief in Support (Mooney, Stephen)
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Filing 195
Plaintiffs' Motion for Leave to Take the Depositions of Prisoners Hillman and Narosov and Brief in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibits A-E, #2 Proposed Order Proposed Order) (Mooney, Stephen)
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Filing 194
MOTION to Dismiss First Amended Counterclaim or for More Definite Statement filed by United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company (Attachments: #1 Exhibit(s) A) (Jubinsky, Andrew)
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Filing 193
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #191 Emergency MOTION to Stay , #192 Brief/Memorandum in Support of Motion (Cash, Kelley)
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Filing 192
Brief/Memorandum in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #191 Emergency MOTION to Stay (Cash, Kelley)
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Filing 191
Emergency MOTION to Stay filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Cash, Kelley)
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Filing 190
Notice of Filing of Official Electronic Transcript of Motion Proceedings held on 07/06/2018 before Judge Scholer. Court Reporter/Transcriber Lanie Smith, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (56 pages) Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (lms)
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Filing 189
NOTICE of Notice Regarding ECF No. 174 Order re: #174 Order on Motion for Order to Show Cause filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Sinton, Adam)
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Filing 188
AFFIDAVIT of Service for #174 Order, #114 Motion, #102 Order and #59 Motion served on Joseph Turner on 08/08/2018. (Jubinsky, Andrew)
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Filing 187
ELECTRONIC Order Referring Motion #181 MOTION to Set Aside #24 Clerk's Entry of Default. Motion referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Karen Gren Scholer on 8/6/2018) (chmb)
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Filing 186
AFFIDAVIT of Service for #174 Order, #114 Motion, #102 Order and #59 Motion served on Erik Bugen on 08/02/2018. (Jubinsky, Andrew)
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Filing 185
Mail returned as undeliverable. #164 Order, received back from Erik Bugen as Return to Sender. Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ndt)
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Filing 183
AMENDED ANSWER to #1 Complaint, #72 Answer to Complaint, Counterclaim, with Jury Demand filed by American Laboratories Group LLC, Medicus Laboratories LLC, United Toxicology LLC, US Toxicology LLC, Next Health LLC, FIRST AMENDED COUNTERCLAIM's against US Toxicology LLC, United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthcare Insurance Company filed by American Laboratories Group LLC, Medicus Laboratories LLC, United Toxicology LLC, US Toxicology LLC, Next Health LLC (Cash, Kelley)
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Filing 184
Mail returned as undeliverable. #176 Memorandum Opinion and Order,, Modify Hearings/Deadlines, received back from Erik Bugen as attempted - not known. No address update from last filed document. The current document has not been re-mailed. (rekc)
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Filing 236
ANSWER to #1 Complaint filed by Kirk Zajac. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (rekc) Modified file date on 1/18/2019 (svc).
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Filing 182
MOTION for Leave to File To File Answer filed by Kirk Zajac with Brief/Memorandum in Support. (Attachments: #1 Defendant Zajac's Original Answer, #2 Proposed Order) (Kennedy, Mark)
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Filing 181
MOTION to Set Aside #24 Clerk's Entry of Default filed by Kirk Zajac with Brief/Memorandum in Support. (Attachments: #1 Brief in Support of Defendant Zajac's Motion to Set Aside Entry of Default, #2 Appendix to Defendant Zajac's Brief in Support of Motion to Set Aside Entry of Default, #3 Proposed Order)Attorney Mark S Kennedy added to party Kirk Zajac(pty:dft) (Kennedy, Mark)
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Filing 180
Mail returned as undeliverable. 165 Order Referring Motion received back from Erik Bugen as not deliverable as addressed. No address update from last filed document. The current document has not been re-mailed. (rekc)
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Filing 179
Mail returned as undeliverable. #163 Protective Order, received back from Erik Bugen as not deliverable as addressed. No address update from last filed document. The current document has not been re-mailed. (rekc)
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Filing 178
Mail returned as undeliverable re: #175 Order on Motion to Dismiss received back from Erik Bugen as return to sender - attempted not known. No address update from last filed document. The current document has not been re-mailed. (sss)
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Filing 177
Mail returned as undeliverable re: 167 Order on Motion to Quash, 170 Order Referring Motion, 169 Order on Motion to Compel, 171 Order on Motion to Quash, 168 Order on Motion to Compel received back from Erik Bugen as return to sender - attempted - not known. No address update from last filed document. The current document has not been re-mailed. (sss)
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Filing 176
MEMORANDUM OPINION AND ORDER: The Court grants in part and denies in part the Entity Defendants' #18 Motion to Dismiss. The Court denies United's #93 Motion to Dismiss and/or Strike Portions of the Counterclaims and grants United's #93 Motion for a More Definite Statement. The Entity Defendants must file amended pleadings by 7/31/2018. (Ordered by Judge Karen Gren Scholer on 7/20/2018) (zkc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 176. Fri Jul 20 10:42:06 CDT 2018 (crt)
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Filing 175
ORDER re: #64 Motion to Remove the Original Counterclaim from the Docket as a Nullity, #65 Motion to Dismiss or, in the Alternative, to Remove the Original Counterclaim from the Docket. The Court grants the motions to the extent that it orders the Counterclaim (ECF No. #57 ) removed from the docket. In all other respects, the Court finds the motions moot in light of subsequent filings. (Ordered by Judge Karen Gren Scholer on 7/13/2018) (zkc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 175. Fri Jul 13 10:29:09 CDT 2018 (crt)
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Filing 172
ELECTRONIC ORDER: Plaintiffs' Motion to Compel #116 is denied as moot per the Court's ruling on the record at the hearing on 7/6/18. (Ordered by Judge Karen Gren Scholer on 7/11/2018) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:167,168,169,170,171. Wed Jul 11 08:32:39 CDT 2018 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:174. Wed Jul 11 15:09:54 CDT 2018 (crt)
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Filing 174
ORDER granting #114 Motion for Order to Show Cause. The Court ORDERS Bugen to file a written response to Plaintiff's Motion by 8/10/2018. (Ordered by Magistrate Judge Rebecca Rutherford on 7/10/2018) (aaa)
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Filing 171
ELECTRONIC ORDER denying #143 Motion to Quash and #144 Motion to Quash. (Ordered by Judge Karen Gren Scholer on 7/10/2018) (chmb)
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Filing 170
ELECTRONIC Order Referring Motion for Order to Show Cause #114 to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Karen Gren Scholer on 7/10/2018) (chmb)
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Filing 169
ELECTRONIC ORDER: Motion to Compel #85 and Motion to Compel #118 are granted to the extent reflected on the record at the hearing held on 7/6/2018. (Ordered by Judge Karen Gren Scholer on 7/10/2018) (chmb)
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Filing 168
ELECTRONIC ORDER withdrawing #83 Motion to Compel without prejudice to refiling. (Ordered by Judge Karen Gren Scholer on 7/10/2018) (chmb)
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Filing 167
ELECTRONIC ORDER withdrawing #145 Motion to Quash and #146 Motion to Quash without prejudice to refiling. (Ordered by Judge Karen Gren Scholer on 7/10/2018) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:165. Mon Jul 9 09:02:49 CDT 2018 (crt)
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Filing 173
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 7/6/2018 Re: #85 Motion to Compel, #83 Motion to Compel, #144 Motion to Quash, #116 Motion to Compel, #145 Motion to Quash, #146 , Motion to Quash, #143 Motion to Quash, and #118 Motion to Compel. Attorney Appearances: Plaintiff - Raymond Walker, Scott Kerew and Adam Sinton; Defense - Kelley Cash and Tim Ribelin. (Court Reporter: Lanie Smith) (No exhibits) Time in Court - 3:00. (chmb)
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Filing 166
NOTICE of Intention to Serve Subpoenas To Produce Documents, Information or Objects on Nonparties filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 165
ELECTRONIC Order Referring Motion #141 MOTION for Default Judgment against Kirk Zajac to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Karen Gren Scholer on 7/6/2018) (chmb)
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Filing 164
AGREED PROTOCOL FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION: This Protocol will govern the discovery, processing, and production of electronically stored information ("ESI") in this Lawsuit, as a supplement to the Federal Rules of Civil Procedure and any other applicable orders and rules. (Ordered by Judge Karen Gren Scholer on 7/6/2018) (sss)
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Filing 163
AGREED PROTECTIVE ORDER: The protections and limitations of this Protective Order shall apply to any third party from whom discovery is sought and may be invoked by said third party as if they were a party to this litigation. (Ordered by Judge Karen Gren Scholer on 7/6/2018) (sss)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:163. Fri Jul 6 15:28:18 CDT 2018 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:164. Fri Jul 6 16:29:54 CDT 2018 (crt)
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Filing 162
Amended NOTICE to Take Deposition of Semyon Narasov by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Mooney, Stephen)
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Filing 161
Amended NOTICE to Take Deposition of Andrew Hillman by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Mooney, Stephen)
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Filing 160
NOTICE of Intention to Serve Deposition and Subpoenas Duces Tecum on NonParties (Hillman and Narasov) filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Exhibit(s) 1) (Mooney, Stephen)
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Filing 159
Supplemental Document by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC as to #93 MOTION to Dismiss Next Health's Counterclaims MOTION for More Definite Statement MOTION to Strike #72 Answer to Complaint, Counterclaim Supplemental Briefing. (Cash, Kelley)
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Filing 158
Brief/Memorandum in Support filed by United Healthcare Services Inc, UnitedHealth Group Inc, UnitedHealthGroup Inc, UnitedHealthcare Insurance Company re #93 MOTION to Dismiss Next Health's Counterclaims MOTION for More Definite Statement MOTION to Strike #72 Answer to Complaint, Counterclaim. (Attachments: #1 Exhibit(s) A) (Walker, Raymond)
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Filing 157
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #145 MOTION to Quash and Objections to Plaintiffs' Subpoena (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6) (Mooney, Stephen)
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Filing 156
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #146 First MOTION to Quash Subpoena (Mooney, Stephen)
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Filing 155
RESPONSE filed by United Healthcare Services Inc re: #144 MOTION to Quash , #143 MOTION to Quash Subpoena (Attachments: #1 Exhibit(s) 1) (Mooney, Stephen)
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Filing 154
NOTICE of Intention to Serve Document Subpoenas on Non-Parties filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 153
RESPONSE AND OBJECTION filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #143 MOTION to Quash Subpoena (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Mooney, Stephen)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:152. Wed Jun 27 08:42:07 CDT 2018 (crt)
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Filing 152
ORDER: Motion Hearing set for 7/6/2018 at 1:00 PM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Karen Gren Scholer. Re: #83 MOTION to Compel; #85 MOTION to Compel; #116 MOTION to Compel; #118 MOTION to Compel; #143 MOTION to Quash; #144 MOTION to Quash; #145 MOTION to Quash; and #146 MOTION to Quash. (Ordered by Judge Karen Gren Scholer on 6/26/2018) (chmb) Modified text on 6/27/2018 (epm).
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Filing 151
ELECTRONIC ORDER withdrawing #67 Motion for Protective Order; withdrawing #88 Motion for Protective Order. (Ordered by Judge Karen Gren Scholer on 6/26/2018) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF # 151. Tue Jun 26 16:45:07 CDT 2018 (crt)
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Filing 150
RESPONSE AND OBJECTION filed by Stephen G. Eichelsdorfer re: #137 Notice (Other) (Cox, Collin)
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Filing 149
RESPONSE AND OBJECTION filed by Stephen G. Eichelsdorfer re: #137 Notice (Other) (Cox, Collin)
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Filing 148
NOTICE of Attorney Appearance by Collin J Cox on behalf of Stephen G. Eichelsdorfer. (Filer confirms contact info in ECF is current.). Party Stephen G. Eichelsdorfer added. (Cox, Collin)
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Filing 147
ELECTRONIC ORDER: The parties are ordered to submit supplemental briefing on the impact of the Fifth Circuit's decision in Innova Hospital San Antonio, Limited Partnership v. Blue Cross and Blue Shield of Georgia, Incorporated, Case No. 14-11300, on Plaintiffs' Motion for a More Definite Statement #93 . The deadline for briefing is 7/3/2018. Defendants' deadline to replead is extended to 7/31/2018. (Ordered by Judge Karen Gren Scholer on 6/15/2018) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF #147. Fri Jun 15 15:11:06 CDT 2018 (crt)
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Filing 146
First MOTION to Quash Subpoena filed by Robert Jacob Hernandez (Attachments: #1 Exhibit(s), #2 Proposed Order)Attorney Robert Edward Lee Richardson added to party Robert Jacob Hernandez(pty:mov) (Richardson, Robert)
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Filing 145
MOTION to Quash and Objections to Plaintiffs' Subpoena filed by Vijayasree Arvind, Cardinal Pain Center, P.A. (Attachments: #1 Proposed Order)Attorney Brian Glenn Flood added to party Vijayasree Arvind(pty:obj), Attorney Brian Glenn Flood added to party Cardinal Pain Center, P.A.(pty:obj) (Flood, Brian)
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Filing 144
MOTION to Quash filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Exhibit(s) 1)Attorney Kelley Elise Cash added to party US Toxicology LLC(pty:cc), Attorney Kelley Elise Cash added to party US Toxicology LLC(pty:dft) (Cash, Kelley)
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Filing 143
MOTION to Quash Subpoena, and OBJECTION filed by Alfred Marti, Medical Center Pain Management re: #137 Notice (Other) (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Cash, Kelley) Modified to add motion relief on 6/8/2018 (zkc).
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Filing 142
Joint STATUS REPORT filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (Cash, Kelley)
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Filing 141
MOTION for Default Judgment against Kirk Zajac filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Attachments: #1 Declaration(s) Haberman, #2 Declaration(s) Sinton, #3 Proposed Order) (Sinton, Adam)
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Filing 140
Notice of Filing of Official Electronic Transcript of Motion Hearing, Proceedings held on May 22, 2018 before Judge Karen Gren Scholer. Court Reporter/Transcriber Shawnie Archuleta, Telephone number shawnie505@aol.com. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (85 pages) Redaction Request due 6/22/2018. Redacted Transcript Deadline set for 7/2/2018. Release of Transcript Restriction set for 8/30/2018. (spa)
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Filing 139
ELECTRONIC ORDER: The Court vacates the referrals to the Magistrate Judge of the following discovery motions: ECF Dkts. #67 , #83 , #85 , #88 , #114 , #116 and #118 . (Ordered by Judge Karen Gren Scholer on 5/25/2018) (chmb)
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Motions no longer referred per 139 Electronic Order: #67 , #88 MOTIONS for Protective Order; #83 , #85 , #116 , #118 MOTIONS to Compel; #114 MOTION for Order to Show Cause . (ndt)
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Filing 138
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 5/22/2018 Re: #18 Entity Defendants' Motion to Dismiss, #64 Counterclaim-Defendants' Motion, #65 Counterclaim-Defendant United Health Group, Inc.'s Motion to Dismiss, and #93 Counterclaim- Defendants' Motion to Dismiss. Attorney Appearances: Plaintiff - D. Lee Roberts, Jr., Andy Jubinsky and Adam Sinton; Defense - Kelley Cash. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 4:00. (chmb)
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Filing 137
NOTICE of Document Subpoenas Served on Non-Parties filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:134. Mon May 21 09:52:29 CDT 2018 (crt)
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Filing 136
United's Notice of Supplemental Authority in Support of Motion to Dismiss Entity Defendants' Counterclaims, filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (ran)
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Filing 135
Plaintiff's Notice of Supplemental Authority in Support of Opposition to Defendant's #18 Motion to Dismiss Complaint, filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (ran)
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Filing 134
ORDER granting #131 Motion for Leave to File Notices of Supplemental Authority. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Karen Gren Scholer on 5/18/2018) (ran)
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Filing 133
NOTICE of Attorney Appearance by Scott Preston Kerew on behalf of United Healthcare Services Inc. (Filer confirms contact info in ECF is current.) (Kerew, Scott)
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Filing 132
NOTICE of Document Subpoenas Served on Nonparties filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 131
MOTION for Leave to File Notices of Supplemental Authority filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Sinton, Adam)
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Filing 130
ELECTRONIC ORDER: Motion Hearing set for 5/22/2018 at 1:30 PM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Karen Gren Scholer. The following Motions will be heard: Entity Defendants' Motion to Dismiss #18 , Counterclaim Defendants' Motion to Dismiss #64 , Counterclaim Defendant's Motion to Dismiss #65 , and Counterclaim Defendants' Motion to Dismiss #93 . (Ordered by Judge Karen Gren Scholer on 4/13/2018) (chmb)
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Filing 129
NOTICE of Agreed Modification of Early Case Deadlines re: #34 Scheduling Order, #115 Notice (Other) filed by United HealthCare Services, Inc., UnitedHealthcare Insurance Company, Next Health LLC, United Toxicology LLC, Medicus Laboratories LLC, US Toxicology LLC and American Laboratories Group LLC. (Sinton, Adam) Modified filers on 4/11/2018 (dsr).
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Filing 128
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #118 MOTION to Compel Plaintiffs' Supporting Brief and Motion to Compel Production of Documents Responsive to Requests Nos. 3, 4, 6, and 8 (Mooney, Stephen)
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Filing 127
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #116 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents Responsive to Requests Nos. 9-45 (Mooney, Stephen)
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Filing 126
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Status Conference held on 3/23/2018. Attorney Appearances: Plaintiff - Raymond Walker; Defense - James Bell. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - :34. (chmb)
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Filing 125
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC re: #118 MOTION to Compel Plaintiffs' Supporting Brief and Motion to Compel Production of Documents Responsive to Requests Nos. 3, 4, 6, and 8 (Cash, Kelley)
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Filing 124
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #116 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents Responsive to Requests Nos. 9-45 (Cash, Kelley)
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Filing 123
Alternative Dispute Resolution Summary filed by Jeff Kaplan. Attorneys in Attendance: James S. Bell, Andrew G. Jubinsky and Adam J. Sinton. Prv Fee: $ 5,390.00. Outcome of ADR: Parties were unable to reach a settlement. (Kaplan, Jeff)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:122. Mon Mar 19 09:21:39 CDT 2018 (crt)
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Filing 122
ORDER SETTING STATUS CONFERENCE AFTER CASE TRANSFER: This case has been transferred to this Court. To facilitate case management, the Court hereby sets this case for status conference on Friday, 3/23/2018, at 1:30 p.m. at the United States District Court, 1100 Commerce Street, Courtroom 1632, Dallas, Texas 75242. (Ordered by Judge Karen Gren Scholer on 3/16/2018) (sss)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:121. Mon Mar 12 13:18:58 CDT 2018 (crt)
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Filing 121
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings per Special Order 3-318. (Ordered by Chief Judge Barbara M.G. Lynn on 3/8/2018) (chmb)
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Filing 120
Order Referring Motion re: #116 Plaintiffs' MOTION to Compel Production of Documents Responsive to Requests Nos. 9-45, #118 Plaintiffs' Supporting Brief and MOTION to Compel Production of Documents Responsive to Requests Nos. 3, 4, 6, and 8. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M.G. Lynn on 3/7/2018) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 120. Wed Mar 7 09:13:56 CST 2018 (crt)
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Filing 119
Appendix in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #118 MOTION to Compel Plaintiffs' Supporting Brief and Motion to Compel Production of Documents Responsive to Requests Nos. 3, 4, 6, and 8 Appendix in Support of Plaintiffs' Motion to Compel Production of Documents Responsive to Requests Nos. 3, 4, 6, and 8 (Mooney, Stephen)
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Filing 118
MOTION to Compel Plaintiffs' Supporting Brief and Motion to Compel Production of Documents Responsive to Requests Nos. 3, 4, 6, and 8 filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Mooney, Stephen)
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Filing 117
Appendix in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #116 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents Responsive to Requests Nos. 9-45 Appendix in Support of Plaintiffs' Motion to Compel Production of Documents Responsive to Requests Nos. 9-45 (Mooney, Stephen)
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Filing 116
MOTION to Compel Plaintiffs' Motion to Compel Production of Documents Responsive to Requests Nos. 9-45 filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Mooney, Stephen)
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Filing 115
NOTICE of Agreed Extensions to Early Case Deadlines filed by UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 114
MOTION for Order to Show Cause filed by United Healthcare Services Inc, UnitedHealth Group Inc., UnitedHealthGroup, Inc., UnitedHealthcare Insurance Company (Attachments: #1 Exhibit(s) A) (Mooney, Stephen)
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Filing 113
REPLY filed by United Healthcare Services Inc, UnitedHealth Group Inc., UnitedHealthcare Insurance Company re: #93 MOTION to Dismiss Next Health's Counterclaims MOTION for More Definite Statement MOTION to Strike #72 Answer to Complaint,,,, Counterclaim,,, (Mooney, Stephen)
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Filing 112
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #88 MOTION for Protective Order Plaintiff's Motion and Memorandum of Law in Support of Protective Order (Mooney, Stephen)
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Filing 111
REPLY filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #83 MOTION to Compel Discovery (Cash, Kelley)
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Filing 110
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #85 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents (Mooney, Stephen)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of 109 Thu Jan 11 08:11:26 CST 2018 (crt)
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Filing 109
ELECTRONIC ORDER granting #108 unopposed Motion to Withdraw as Attorney. Haynes and Boone, LLP and attorneys Ernest Martin, Jr., Micah Skidmore, Christopher Rogers, and Nicole Sommerville are hereby withdrawn as counsel of record for the Entity Defendants. James S. Bell, PC will act as lead counsel of record for the Entity Defendants in this matter going forward. (Ordered by Chief Judge Barbara M.G. Lynn on 1/10/2018) (chmb)
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Filing 108
Unopposed MOTION to Withdraw as Attorney filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Martin, Ernest)
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Filing 107
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC re: #88 MOTION for Protective Order Plaintiff's Motion and Memorandum of Law in Support of Protective Order (Attachments: #1 Additional Page(s) Appendix in Support of Response) (Cash, Kelley)
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Filing 106
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC re: #64 MOTION to Dismiss Counterclaim-Defendants' Motion to Remove the Original Counterclaim From the Docket As a Nullity, Pursuant to FRCP 7 and 13, or, in the Alternative, to Dismiss or Strike the Original Counterclaim, Under FRCP 12, #65 MOTION to Dismiss Counterclaim-Defendant UnitedHealth Group, Inc.'s Motion to Dismiss the Original Counterclaim for Lack of Personal Jurisdiction, or, In the Alternative, to Remove the Original Counterclaim From the Docket or to Dismiss or Str (Attachments: #1 Additional Page(s) Appendix in Support of Response) (Cash, Kelley)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:105. Thu Dec 28 12:49:14 CST 2017 (crt)
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Filing 105
ORDER granting in part #37 Emergency Motion for Protective Order. (Ordered by Magistrate Judge Paul D Stickney on 12/27/2017) (aaa)
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Filing 104
ELECTRONIC ORDER granting #103 Motion to Extend Time to File Replies. Replies due by 1/16/2018. (Ordered by Magistrate Judge Paul D. Stickney on 12/26/2017) (chmb)
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Filing 103
MOTION for Extension of Time to File Response/Reply to #85 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents, #83 MOTION to Compel Discovery filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Skidmore, Micah)
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Filing 102
ORDER granting #59 Motion to Compel. Bugen must fully comply with the requests at issue in Plaintiffs' motion by 12/29/2017. (Ordered by Magistrate Judge Paul D Stickney on 12/20/2017) (epm)
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Filing 101
ELECTRONIC ORDER granting #95 Motion to Extend Time. (Ordered by Magistrate Judge Paul D Stickney on 12/20/2017) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF #101 Wed Dec 20 10:40:58 CST 2017 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:102. Wed Dec 20 11:51:09 CST 2017 (crt)
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Filing 100
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #85 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents (Rogers, Christopher)
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Filing 99
Appendix in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #98 Response/Objection to Entity Defendants' Motion to Compel (Sinton, Adam)
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Filing 98
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #83 MOTION to Compel Discovery (Sinton, Adam)
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Filing 97
ORDER granting #96 Motion to Extend Time. The deadline for the Counterclaim Plaintiffs to respond to the Counterclaim Defendants' #93 Motion to Dismiss Counterclaims is extended to 1/5/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 12/18/2017) (epm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:97. Mon Dec 18 09:57:19 CST 2017 (crt)
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Filing 96
Agreed MOTION to Extend Time to respond to ECF No. 93 filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 95
Joint MOTION to Extend Time to respond to ECF Nos. 83, 85, and 88, pending with Judge Stickney filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 94
Appendix in Support filed by United Healthcare Services Inc, UnitedHealth Group Inc., UnitedHealthcare Insurance Company re #93 MOTION to Dismiss Next Health's Counterclaims MOTION for More Definite Statement MOTION to Strike #72 Answer to Complaint,,,, Counterclaim,,, (Mooney, Stephen)
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Filing 93
MOTION to Dismiss Next Health's Counterclaims, MOTION for More Definite Statement (), MOTION to Strike #72 Answer to Complaint,,,, Counterclaim,,, filed by United Healthcare Services Inc, UnitedHealth Group Inc., UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Mooney, Stephen)
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Filing 92
REPLY filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #67 MOTION for Protective Order and to Quash The Depositions of Hillman and Narosov and Supporting Brief (Martin, Ernest)
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Filing 91
Order: Before the Court is a Motion for Protective Order (ECF No. #88 ), filed by Plaintiff UnitedHealthcare Insurance Company. The Motion is REFERRED to Magistrate Judge Paul D. Stickney for a hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M.G. Lynn on 11/30/2017) (ndt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:91. Thu Nov 30 09:17:02 CST 2017 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:87. Wed Nov 29 12:29:31 CST 2017 (crt)
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Filing 90
REPLY filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #64 MOTION to Dismiss Counterclaim-Defendants' Motion to Remove the Original Counterclaim From the Docket As a Nullity, Pursuant to FRCP 7 and 13, or, in the Alternative, to Dismiss or Strike the Original Counterclaim, Under FRCP 12 (Mooney, Stephen)
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Filing 89
Appendix in Support filed by UnitedHealthcare Insurance Company re #88 MOTION for Protective Order Plaintiff's Motion and Memorandum of Law in Support of Protective Order Appendix to UnitedHealthcare Insurance Company's Motion for Protective Order (Mooney, Stephen)
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Filing 88
***WITHDRAWN per Order 151 *** MOTION for Protective Order Plaintiff's Motion and Memorandum of Law in Support of Protective Order filed by UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Mooney, Stephen) Modified on 6/26/2018 (epm).
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Filing 87
Order Referring Motion re: #85 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents, #83 MOTION to Compel Discovery Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Chief Judge Barbara M.G. Lynn on 11/27/2017) (ndt)
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Filing 86
Appendix in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #85 MOTION to Compel Plaintiffs' Motion to Compel Production of Documents (Mooney, Stephen)
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Filing 85
MOTION to Compel Plaintiffs' Motion to Compel Production of Documents filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Memorandum of Law in Support, etc.) (Mooney, Stephen)
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Filing 84
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #83 MOTION to Compel Discovery (Attachments: #1 Exhibit(s) A, A1-A8) (Skidmore, Micah)
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Filing 83
MOTION to Compel Discovery filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC with Brief/Memorandum in Support. (Skidmore, Micah)
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Filing 82
(Document Restricted) Exhibits B and C to #72 Next Health's Answer and Counterclaim filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (rekc)
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Filing 81
(Document Restricted) Sealed ORDER granting #73 Motion for Leave to File Under Seal Exhibits to Next Health's Answer and Counterclaim. (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Chief Judge Barbara M.G. Lynn on 11/21/2017) (rekc)
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Filing 80
Appendix in Support filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re #79 Response/Objection Appendix to Plaintiffs' Opposition to Entity Defendants' Motion for Protectice Order (Mooney, Stephen)
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Filing 79
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #67 MOTION for Protective Order and to Quash The Depositions of Hillman and Narosov and Supporting Brief (Mooney, Stephen)
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Filing 78
NOTICE of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 77
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #76 Response/Objection, (Attachments: #1 Exhibit(s) A-D) (Skidmore, Micah)
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Filing 76
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #64 MOTION to Dismiss Counterclaim-Defendants' Motion to Remove the Original Counterclaim From the Docket As a Nullity, Pursuant to FRCP 7 and 13, or, in the Alternative, to Dismiss or Strike the Original Counterclaim, Under FRCP 12 (Skidmore, Micah)
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Filing 75
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #74 Response/Objection, (Attachments: #1 Exhibit(s) 1-2, #2 Exhibit(s) 3-6) (Skidmore, Micah)
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Filing 74
RESPONSE filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #65 MOTION to Dismiss Counterclaim-Defendant UnitedHealth Group, Inc.'s Motion to Dismiss the Original Counterclaim for Lack of Personal Jurisdiction, or, In the Alternative, to Remove the Original Counterclaim From the Docket or to Dismiss or Str (Skidmore, Micah)
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Filing 73
(Document Restricted) SEALED Motion for Leave to File Exhibits Under Seal (Sealed pursuant to motion to seal) filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Exhibit(s) B, #2 Exhibit(s) C) (Rogers, Christopher)
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Filing 72
ANSWER to #1 Complaint,,,,, with Jury Demand filed by Medicus Laboratories LLC, United Toxicology LLC, American Laboratories Group LLC, US Toxicology LLC, Next Health LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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., COUNTERCLAIM against United Healthcare Services Inc, UnitedHealth Group Inc., UnitedHealthcare Insurance Company filed by Medicus Laboratories LLC, United Toxicology LLC, American Laboratories Group LLC, US Toxicology LLC, Next Health LLC (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Martin, Ernest)
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Filing 71
SUMMONS Returned Executed as to UnitedHealth Group Inc. ; served on 11/13/2017. (Martin, Ernest)
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Filing 70
Summons Issued as to UnitedHealth Group Inc. (sss)
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Filing 69
Request for Clerk to issue Summons filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC. (Martin, Ernest)
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Filing 68
Order Referring Motion re: #67 MOTION for Protective Order. The Motion is REFERRED to Magistrate Judge Paul D. Stickney for a hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M.G. Lynn on 10/30/2017) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:68. Mon Oct 30 10:47:57 CDT 2017 (crt)
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Filing 67
***WITHDRAWN per Order 151 *** MOTION for Protective Order and to Quash The Depositions of Hillman and Narosov and Supporting Brief filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Skidmore, Micah) Modified on 6/26/2018 (epm).
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Filing 66
Brief/Memorandum in Support filed by UnitedHealth Group Inc. re #65 MOTION to Dismiss Counterclaim-Defendant UnitedHealth Group, Inc.'s Motion to Dismiss the Original Counterclaim for Lack of Personal Jurisdiction, or, In the Alternative, to Remove the Original Counterclaim From the Docket or to Dismiss or Str (Mooney, Stephen)
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Filing 65
MOTION to Dismiss Counterclaim-Defendant UnitedHealth Group, Inc.'s Motion to Dismiss the Original Counterclaim for Lack of Personal Jurisdiction, or, In the Alternative, to Remove the Original Counterclaim From the Docket or to Dismiss or Strike the Original Counterclaim filed by UnitedHealth Group Inc.. Party UnitedHealth Group, Inc. added. (Mooney, Stephen)
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Filing 64
MOTION to Dismiss Counterclaim-Defendants' Motion to Remove the Original Counterclaim From the Docket As a Nullity, Pursuant to FRCP 7 and 13, or, in the Alternative, to Dismiss or Strike the Original Counterclaim, Under FRCP 12 filed by United Healthcare Services Inc, UnitedHealth Group Inc., UnitedHealthcare Insurance Company, UnitedHealthGroup, Inc. with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Memorandum of Law in Support, etc., #2 Additional Page(s) Appendix to Motion, etc). Party UnitedHealth Group, Inc. added.Attorney Stephen W Mooney added to party UnitedHealth Group Inc.(pty:cd), Attorney Stephen W Mooney added to party UnitedHealthGroup, Inc.(pty:cd) (Mooney, Stephen)
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Filing 63
NOTICE of Document Subpoena Served on Non-Party (Cafepharma) filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 62
Order Referring #59 MOTION to Compel Production of Documents from Defendant Erik Bugen and Supporting Brief. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Chief Judge Barbara M.G. Lynn on 10/10/2017) (aaa)
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Filing 61
(Document Restricted) Sealed Exhibits B and C re: #57 Counterclaim, filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC. (aaa)
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Filing 60
(Document Restricted) Sealed ORDER granting sealed and/or ex parte motion #58 . (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Chief Judge Barbara M.G. Lynn on 10/10/2017) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:60,62. Tue Oct 10 16:26:33 CDT 2017 (crt)
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Filing 59
MOTION to Compel Production of Documents from Defendant Erik Bugen and Supporting Brief filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Affidavit, #2 Exhibit(s) Email, #3 Exhibit(s) Redacted Bank Record, #4 Exhibit(s) Redacted Bank Records, #5 Exhibit(s) Redacted Bank Records, #6 Proposed Order) (Mooney, Stephen)
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Filing 58
(Document Restricted) Motion for Leave to File Under Seal Exhibits to Next Health's Original Counterclaim (Sealed pursuant to motion to seal) filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Attachments: #1 Exhibit B, #2 Exhibit C) (Martin, Ernest)
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Filing 57
***REMOVED PER #175 ORDER*** COUNTERCLAIM against United Healthcare Services Inc, UnitedHealthcare Insurance Company, UnitedHealth Group Inc. filed by United Toxicology LLC, Medicus Laboratories LLC, American Laboratories Group LLC, US Toxicology LLC, Next Health LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Martin, Ernest) Modified on 7/13/2018 (zkc).
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Filing 56
NOTICE of Notice of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 55
NOTICE of Notice of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 54
NOTICE of Notice of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 53
NOTICE of Notice of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 52
NOTICE of Notice of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 51
NOTICE of Notice of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 50
NOTICE of Notice of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 49
NOTICE of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 48
NOTICE of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 47
NOTICE of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company (Mooney, Stephen)
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Filing 46
NOTICE of Document Subpoena Served on Nonparty filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Mooney, Stephen)
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Filing 45
NOTICE of Attorney Appearance by Adam Joseph Sinton on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Sinton, Adam)
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Filing 44
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #37 Emergency MOTION for Protective Order , #40 MOTION for Leave to File Notice of Supplemental Authority (Mooney, Stephen)
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Filing 43
REPLY filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #37 Emergency MOTION for Protective Order (Skidmore, Micah)
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Filing 42
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #37 Emergency MOTION for Protective Order (Attachments: #1 Exhibit(s) 1 (Email from Patient), #2 Exhibit(s) 2 (Network Physician Contract of Cannella), #3 Exhibit(s) 3 (Administrative Guide), #4 Exhibit(s) 4 (Administrative Guide), #5 Exhibit(s) 5 (Next Health Interrogatory No. 14), #6 Exhibit(s) 6 (Emails), #7 Exhibit(s) 7 (Email)) (Mooney, Stephen)
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Filing 41
ORDER: Before the Court is the Entity Defendants' Motion for Leave to File Supplemental Authority (ECF No. #40 ). The Court GRANTS this motion. Plaintiff may file a response limited to 5 pages, on or before 8/25/2017. No reply will be allowed. (Ordered by Chief Judge Barbara M.G. Lynn on 8/18/2017) (sss)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:41. Fri Aug 18 09:49:22 CDT 2017 (crt)
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Filing 40
MOTION for Leave to File Notice of Supplemental Authority filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, 1-A, 1-B) (Skidmore, Micah)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:38. Mon Aug 14 12:17:24 CDT 2017 (crt)
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Filing 39
ELECTRONIC ORDER: Compliance with the informal information request at issue in #37 Entity Defendants' Emergency Motion for Protective Order is temporarily stayed until the Court rules on this motion. (Ordered by Magistrate Judge Paul D. Stickney on 8/11/2017) (chmb)
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Filing 38
Order Referring Motion #37 Emergency MOTION for Protective Order to Magistrate Judge Paul D Stickney. (Ordered by Chief Judge Barbara M.G. Lynn on 8/11/2017) (rekc)
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Filing 37
Emergency MOTION for Protective Order filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-1, #3 Exhibit(s) B) (Skidmore, Micah)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Mon Jul 17 09:24:40 CDT 2017 (crt)
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Filing 36
AGREED PROTECTIVE ORDER. (Ordered by Chief Judge Barbara M.G. Lynn on 7/14/2017) (aaa)
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Filing 35
Agreed MOTION for Protective Order filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Proposed Order) (Mooney, Stephen) Modified text on 6/28/2017 (epm).
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Filing 34
SCHEDULING ORDER: Jury Trial set for Court's two-week docket beginning 2/19/2019 at 9:00 AM before Chief Judge Barbara M.G. Lynn. Joinder of Parties due by 2/1/2018. Amended Pleadings due by 2/1/2018. Motions due by 10/12/2018. Discovery due by 8/1/2018. Status Report due by 4/9/2018. Pretrial Order due by 2/4/2019. Pretrial Materials due by 2/4/2019. Pretrial Conference set for 2/15/2019 at 9:00 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 6/6/2017) (Attachments: #1 Additional Page(s) Jury Questionnaire) (aaa)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Tue Jun 6 15:12:15 CDT 2017 (crt)
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Filing 33
ORDER denying #28 Motion to Stay Discovery. (Ordered by Chief Judge Barbara M.G. Lynn on 5/31/2017) (twd)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:33. Wed May 31 12:49:32 CDT 2017 (crt)
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Filing 32
REPLY filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #28 MOTION to Stay Discovery (Skidmore, Micah)
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Filing 31
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #28 MOTION to Stay Discovery (Mooney, Stephen)
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Filing 30
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT filed by Erik Bugen. (ran)
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Filing 29
ANSWER to #1 Complaint with Jury Demand, filed by Erik Bugen. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (ran)
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Filing 28
MOTION to Stay Discovery filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A-B) (Skidmore, Micah)
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Filing 27
REPLY filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re: #18 Motion to Dismiss for Failure to State a Claim (Skidmore, Micah)
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Filing 26
Proposal for contents of scheduling and discovery order Joint Report Regarding Contents of Scheduling Order by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Mooney, Stephen)
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Filing 25
NOTICE of Attorney Appearance by James S Bell on behalf of Next Health LLC. (Filer confirms contact info in ECF is current.) (Bell, James)
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Filing 24
***SET ASIDE per #238 Order*** Clerk's ENTRY OF DEFAULT as to Kirk Zajac. (rekc) Modified on 2/7/2019 (epm).
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Filing 23
Request for Clerk to issue Entry of Default filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order [Proposed] Entry of Default) (Mooney, Stephen)
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Filing 22
RESPONSE filed by United Healthcare Services Inc, UnitedHealthcare Insurance Company re: #18 Motion to Dismiss for Failure to State a Claim (Mooney, Stephen)
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Filing 21
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Proposed Scheduling Order due by 4/13/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 3/22/2017) (Attachments: #1 Consent Letter, #2 Consent Form) (sss)
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Filing 20
Appendix in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #18 Motion to Dismiss for Failure to State a Claim, #19 Brief/Memorandum in Support of Motion (Skidmore, Micah)
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Filing 19
Brief/Memorandum in Support filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC re #18 Motion to Dismiss for Failure to State a Claim (Skidmore, Micah)
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Filing 18
Motion to Dismiss for Failure to State a Claim filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC (Skidmore, Micah)
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Filing 17
SUMMONS Returned Executed as to All Defendants. (Attachments: #1 Exhibit(s) Exhibit A) (Mooney, Stephen)
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Filing 16
ELECTRONIC ORDER granting #15 Motion to Extend Time. The new deadline for Defendants Next Health LLC, United Toxicology LLC, Medicus Laboratories LLC, US Toxicology LLC, and American Laboratories Group LLC to file their responsive pleading to Plaintiffs' Complaint is March 20, 2017. (Ordered by Chief Judge Barbara M.G. Lynn on 2/15/2017) (chmb)
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Filing 15
Unopposed MOTION to Extend Time to File Response to Plaintiffs' Complaint filed by American Laboratories Group LLC, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC Attorney Ernest Martin, Jr added to party American Laboratories Group LLC(pty:dft), Attorney Ernest Martin, Jr added to party Medicus Laboratories LLC(pty:dft), Attorney Ernest Martin, Jr added to party Next Health LLC(pty:dft), Attorney Ernest Martin, Jr added to party US Toxicology LLC(pty:dft), Attorney Ernest Martin, Jr added to party United Toxicology LLC(pty:dft) (Martin, Ernest)
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Filing 14
NOTICE of Attorney Appearance by Raymond Earl Walker on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Walker, Raymond)
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Filing 13
NOTICE of Attorney Appearance by Andrew G Jubinsky on behalf of United Healthcare Services Inc, UnitedHealthcare Insurance Company. (Filer confirms contact info in ECF is current.) (Jubinsky, Andrew)
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Filing 12
Summons Issued as to All Defendants. (ran)
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Filing 11
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 (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (ran)
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Filing 10
Request for Clerk to issue Summons filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 9
Request for Clerk to issue Summons filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 8
Request for Clerk to issue Summons filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 7
Request for Clerk to issue Summons filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 6
Request for Clerk to issue Summons filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 5
Request for Clerk to issue Summons filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 4
Request for Clerk to issue Summons filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 3
ADDITIONAL ATTACHMENTS to #1 Complaint, filed by Plaintiffs United Healthcare Insurance Company, UnitedHealthcare Services Inc.. (Mooney, Stephen)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Mooney, Stephen)
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Filing 1
COMPLAINT WITH JURY DEMAND against AMERICAN LABORATORIES GROUP LLC, ERIK BUGEN, Medicus Laboratories LLC, Next Health LLC, US Toxicology LLC, United Toxicology LLC, Kirk Zajac filed by UnitedHealthcare Insurance Company, UnitedHealthcare Services, Inc.. (Filing fee $400; Receipt number 0539-8162956) 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 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 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) (Mooney, Stephen)
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