Bren Insurance Services Inc v. Envision Pharmaceutical Services LLC
| Bren Insurance Services Inc doing business as Action Pharmaceutical Consulting |
| Elixir Rx Solutions LLC formerly known as Envision Pharmaceutical Services, LLC formerly known as Envision Pharmaceutical Services, Inc. doing business as Envision Rx doing business as Elixir Rx, Envision Pharmaceutical Services, LLC, Envision Pharmaceutical Services, Inc. and Carol Bailey |
| Elixir Rx Solutions LLC |
| Bren Insurance Services Inc |
| 3:2022cv02650 |
| November 28, 2022 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| A Joe Fish |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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Filing 110
ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: Trial set for four-week docket beginning 3/4/2024 before Senior Judge A. Joe Fish. Joinder of Parties due by 8/21/2023. Amended Pleadings due by 8/21/2023. Motions due by 11/13/2023. Discovery due by 11/13/2023. Pretrial Order due by 2/23/2024. Pretrial Materials due by 2/23/2024. Pretrial Conference set for 3/1/2024 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 6/13/2023) (sxf)
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Filing 109
Joint STATUS REPORT filed by Bren Insurance Services Inc. (Goodman, Andrew)
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Filing 108
STATUS REPORT ORDER: When the parties confer for the purpose of submitting a joint status report in this case, they shall discuss their views and proposals concerning the issues contained in Rule 26(f)(2)-(4). The report shall be ELECTRONICALLY FILED no later than 6/13/2023. (Ordered by Senior Judge A. Joe Fish on 5/23/2023) (ykp)
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Filing 107
ANSWER to Counterclaim filed by Bren Insurance Services Inc. Related document: #106 Answer to Amended Complaint, Counterclaim. (Goodman, Andrew)
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Filing 106
ANSWER to #105 Amended Complaint, with Jury Demand filed by Elixir Rx Solutions LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge, COUNTERCLAIM against Bren Insurance Services Inc filed by Elixir Rx Solutions LLC (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Favret, John)
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Filing 105
AMENDED COMPLAINT WITH JURY DEMAND against Elixir Rx Solutions LLC filed by Bren Insurance Services Inc. 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. (Goodman, Andrew)
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Filing 104
ORDER: From APC's allegations, the court cannot tell whether there is diversity of citizenship or not or if venue is proper in this court. Accordingly, no later than April 17, 2023, APC shall file and serve a second amended complaint that alleges the names and citizenship of each member of the defendant Envision and also supports an allegation that venue is proper in this court. Failure to timely file and serve such a second amended complaint will result in dismissal of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 4/5/2023) (ndt)
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Filing 103
MEMORANDUM OPINION AND ORDER granting the defendant Carol Bailey's ("Bailey") #98 motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). (Ordered by Senior Judge A. Joe Fish on 4/5/2023) (twd)
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Filing 102
REPLY filed by Carol Bailey re: #101 Response/Objection (Travis, Jeffrey)
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Filing 101
RESPONSE filed by Bren Insurance Services Inc re: #98 Motion to Dismiss for Failure to State a Claim (Goodman, Andrew)
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Filing 100
ANSWER to #34 Amended Complaint with Jury Demand filed by Carol Bailey. 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. (Travis, Jeffrey)
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Filing 99
ORDER granting #97 Motion to Withdraw as Attorney. Attorney Sara Ravas Cooper and Mark S. Fusco terminated. (Ordered by Senior Judge A. Joe Fish on 12/20/2022) (ndt)
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Filing 98
Motion to Dismiss for Failure to State a Claim filed by Carol Bailey with Brief/Memorandum in Support. (Travis, Jeffrey)
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Filing 97
MOTION to Withdraw as Attorney [Attorneys Mark S. Fusco and Sara Ravas Cooper] filed by Carol Bailey (Travis, Jeffrey)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 96 Mon Dec 19 10:18:37 CST 2022 (crt)
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Filing 96
ELECTRONIC ORDER: On August 13, 2020, the plaintiff filed this case in the United States District Court for the Northern District of Ohio, Eastern Division. See docket entry 1. On December 27, 2021, the plaintiff amended its complaint and added the defendant Carol Bailey ("Bailey"). See docket entry 34. On March 2, 2022, Bailey filed a motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2). See docket entry 49. On October 5, 2022, the court determined that it could not exercise personal jurisdiction over Bailey and ordered supplemental briefing as to whether the court should "(1) dismiss the claim against Bailey; (2) transfer the claim against Bailey to the United States District Court for the Northern District of Texas; or (3) transfer the entire case to the United States District Court for the Northern District of Texas." See docket entry 63 at 15. On November 28, 2022, the court held that "it is in the interest of justice to transfer this entire action to the United States District Court for the Northern District of Texas. Bailey's motion to dismiss for lack of personal jurisdiction (Doc. No. 49) is GRANTED IN PART in that the Court finds that it does not have personal jurisdiction over Bailey, but DENIED IN PART in that, rather than dismiss APC's claim against Bailey, the claim shall be transferred to the United States District Court for the Northern District of Texas pursuant to 28 U.S.C. 1406(a)." See docket entry 74 at 11. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), "if the court denies the motion [under Federal Rule of Civil Procedure 12], the responsive pleading must be served within 14 days after notice of the court's action." To date, Bailey has not filed and served an answer. By December 22, 2022, Bailey shall file and serve an answer. If Bailey fails to file and serve an answer by that date, the plaintiff must move for entry of default and a default judgment. If the plaintiff fails to move for such relief by December 30, 2022, its claims against Bailey will be dismissed without further notice. (Ordered by Senior Judge A. Joe Fish on 12/17/2022) (chmb)
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Filing 95
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of Giuseppe W. Pappalardo (docket entry 93). It is ORDERED that the application of Giuseppe W. Pappalardo is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 12/16/2022) (chmb)
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Filing 94
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of John A. Favret (docket entry 92). It is ORDERED that the application of John A. Favret is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 12/16/2022) (chmb)
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Filing 93
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13378488) filed by Elixir Rx Solutions LLC (Pappalardo, Giuseppe)
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Filing 92
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13378438) filed by Elixir Rx Solutions LLC. Party John A. Favret added. (Favret, John)
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Filing 91
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Elixir Rx Solutions LLC. (Clerk QC note: Affiliate entry indicated). (Staine, Christopher)
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Filing 90
NOTICE of Attorney Appearance by Christopher Michael Staine on behalf of Elixir Rx Solutions LLC. (Filer confirms contact info in ECF is current.) (Staine, Christopher)
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Filing 89
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Carol Bailey. (Clerk QC note: No affiliate entered in ECF). (Travis, Jeffrey)
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Filing 88
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT filed by Bren Insurance Services Inc (Carew, Patrick) Modified event text on 12/14/2022 (axm).
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Filing 87
NOTICE of Attorney Appearance by Patrick J Carew on behalf of Bren Insurance Services Inc. (Filer will update contact info in ECF.) (Carew, Patrick)
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Filing 86
NOTICE of Attorney Appearance by Jeffrey M Travis on behalf of Carol Bailey. (Filer confirms contact info in ECF is current.) (Travis, Jeffrey)
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Filing 85
ELECTRONIC ORDER: Sara Ravas Cooper ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than December 20, 2022, counsel shall either (1) provide to the court, and to the Clerk of Court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 84
ELECTRONIC ORDER: Mark S. Fusco ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than December 20, 2022, counsel shall either (1) provide to the court, and to the Clerk of Court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 83
ELECTRONIC ORDER: John A. Favret ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than December 20, 2022, counsel shall either (1) provide to the court, and to the Clerk of Court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 82
ELECTRONIC ORDER: Giuseppe W. Pappalardo ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than December 20, 2022, counsel shall either (1) provide to the court, and to the Clerk of Court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 81
ELECTRONIC ORDER: Andrew B. Goodman ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than December 20, 2022, counsel shall either (1) provide to the court, and to the Clerk of Court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 80
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, by December 14, 2022, each defendant shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will subject a defendant to the entry of default judgment without further notice. (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 79
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, by December 14, 2022, the plaintiff shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will result in dismissal without prejudice of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 78
ELECTRONIC ORDER: On August 13, 2020, the plaintiff filed this case in the United States District Court for the Northern District of Ohio, Eastern Division. See docket entry 1. On November 28, 2022, the case was transferred to this court. See docket entry 74. N.D. Tex. Civ. R. 7.4 requires that "[t]he initial responsive pleading or motion filed in lieu of a responsive pleading that a defendant files in a civil action must be accompanied by a separately signed certificate of interested persons that complies with LR3.1(c) or 3.2(e). If the defendant concurs in the accuracy of another party's previously-filed certificate, the defendant may adopt that certificate." Accordingly, no later than December 14, 2022, each defendant must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 77
ELECTRONIC ORDER: On August 13, 2020, the plaintiff filed this case in the United States District Court for the Northern District of Ohio, Eastern Division. See docket entry 1. On November 28, 2022, the case was transferred to this court. See docket entry 74. N.D. Tex. Civ. R. 3.1 requires that a "complaint must be accompanied by... a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than December 14, 2022, the plaintiff must comply with Rule 3.1(c) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 11/29/2022) (chmb)
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Filing 76
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 Horan). Clerk to provide copy to plaintiff if not received electronically. (mms)
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Filing 75
Case electronically transferred in from District of Ohio Northern; Case Number 5:20-cv-01802. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. Modified filed date on 11/29/2022 (mms).
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Filing 74
Memorandum Opinion and Order: For the reasons set forth herein, the Court finds that it is in the interest of justice to transfer this entire action to the United States District Court for the Northern District of Texas. Bailey's motion to dismiss for lack of personal jurisdiction (Doc. No. #49 ) is GRANTED IN PART in that the Court finds that it does not have personal jurisdiction over Bailey, but DENIED IN PART in that, rather than dismiss APC's claim against Bailey, the claim shall be transferred to the United States District Court for the Northern District of Texas pursuant to 28 U.S.C. 1406(a). Judge Sara Lioi on 11/28/2022. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 73
Marginal Entry Order: For good cause shown, plaintiff's motion to file under seal Exhibit B to the supplemental declaration of Andrew B. Goodman in support of APC's reply brief in support of discretionary venue transfer of entire action to the United States District Court for the Northern District of Texas (Doc No. #71 ) is granted. Judge Sara Lioi on 11/8/2022. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 72
SEALED Document:Exhibit B to Supplemental Goodman Declaration - Envision Claims Report for Smith County, February 2015-March 2021 filed by Bren Insurance Services, Inc.. Related document(s) #22 , #71 , #70 . (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 71
Motion to seal document #70 Response, (Exhibit B to Supplemental Declaration of Andrew B. Goodman filed in support thereof) filed by Bren Insurance Services, Inc., Bren Insurance Services, Inc., Plaintiff Bren Insurance Services, Inc.. Related document(s) #70 . (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 70
Reply IN SUPPORT OF DISCRETIONARY VENUE TRANSFER OF ENTIRE ACTION TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS (28 U.S.C. 1404(a)) filed by Bren Insurance Services, Inc.. Related document(s) #66 . (Attachments: #1 Affidavit of Andrew B. Goodman (Supplemental), #2 Exhibit B to Goodman Decl. (redacted) - Envision Claims Report for Smith County, February 2015-March 2021) (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document] For good cause shown, plaintiff's motion for leave to file a reply (Doc. No. 69) in support of their brief concerning the transfer of this action to the Northern District of Texas (Doc. No. #66 ) is granted. Plaintiff shall file a reply by 11/4/22. Judge Sara Lioi on 10/31/2022. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 69
Motion for leave to File Reply in Support of Discretionary Venue Transfer of Entire Action to the United States District Court for the Northern District of Texas filed by Bren Insurance Services, Inc., Bren Insurance Services, Inc., Plaintiff Bren Insurance Services, Inc.. Related document(s) #68 . (Attachments: #1 Proposed Order)(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 68
Response to Plaintiff Bren Insurance Services, Inc. d/b/a Action Pharmaceutical Consulting's Brief in Support of Discretionary Venue Transfer of Entire Action to the United States District Court for the Northern District of Texas (28 U.S.C. 1404(a)) filed by Carol Bailey. Related document(s) #66 . (Fusco, Mark) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 67
Brief in Opposition to Discretionary Venue Transfer of Entire Action to the United States District Court for the Northern District of Texas (28 U.S.C. Section 1404(A)) filed by Elixir Rx Solutions, LLC. Related document(s) #63 . (Attachments: #1 Exhibit 1 - Feb and April Email Chain, #2 Exhibit 2 - Dec 4 2020 Bren to Brinson, #3 Exhibit 3 - June 7 2021 Bren to Brinson, #4 Exhibit 4 - California Secretary of State, #5 Exhibit 5 - Envision Initial Disclosures) (Favret, John) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 66
Brief in Support of Discretionary Venue Transfer of Entire Action to the United States District Court for the Northern District of Texas (28 U.S.C. 1404(a)) filed by Bren Insurance Services, Inc.. Related document(s) #63 . (Attachments: #1 Affidavit of Andrew B. Goodman, #2 Affidavit of Aaron Bren, #3 Proposed Order) (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document]: Plaintiff APC's and defendant Envision Pharmaceutical Services, LLC's (Envision) joint motion to stay all deadlines is granted (Doc No. #65 .). All deadlines are hereby stayed pending the Court's disposition of defendant Bailey's motion to dismiss. (Doc No. #49 .) Should the Court decide that plaintiff's claim against Envision remains before this Court, within seven days of the Court's order on the motion to dismiss, plaintiff and Envision shall file a joint status report advising the Court as to what discovery remains and propose dates for an amended case management plan and trial order. Judge Sara Lioi on 10/14/2022. (O,K) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 65
Joint Motion to Stay of all Deadlines until the Court's Determination of the Issue Outlined in the 10/5/2022 Court Order Related Document #63 |
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Filing 64
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 63
Memorandum Opinion and Order: For the reasons set forth herein, the Court finds that it cannot assert personal jurisdiction over Bailey. The Court must now decide whether to (1) dismiss the claim against Bailey; (2) transfer the claim against Bailey to the United States District Court for the Northern District of Texas; or (3) transfer the entire case to the United States District Court for the Northern District of Texas. See 28 U.S.C. 1404(a). To assist the Court in its determination, APC shall file a brief by October 19, 2022, addressing this issue. Any defendant may file a response by October 26, 2022. Judge Sara Lioi on 10/5/2022. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 62
Fourth Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings Passed; Deadline for completing fact discovery 10/28/2022; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 10/14/2022; Deadline to identify rebuttal experts and provide reports 11/14/2022; Deadline for completing expert discovery 12/28/2022; Deadline for filing dispositive motions 11/28/2022; Deadline for filing oppositions to motions 12/28/2022; Deadline for filing replies to responses 1/12/2023; Status Conference set for 11/7/2022 at 10:00 a.m.; Final Pretrial Conference set for 3/3/2023 at 1:00 p.m.; Jury Trial set on two week standby period beginning 4/3/2023 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 9/15/2022. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document] granting the parties' joint motion to modify the schedule order and continue deadlines by 30 days. (Doc. No. #61 .) Judge Sara Lioi on 9/13/2022. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 61
Joint Motion to modify scheduling order and continue deadlines by 30 days (with Proposed Order) filed by Bren Insurance Services, Inc. Related document(s) #19 , #47 . (Goodman, Andrew). Added motion to modify on 8/31/2022 (H,Ch). [Transferred from Ohio Northern on 11/29/2022.]
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Filing 60
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 59
Notice of Withdrawal of Counsel of attorney Zachary C. Maciaszek filed by Carol Bailey. (Maciaszek, Zachary) Modified text on 7/26/2022 (O,K). [Transferred from Ohio Northern on 11/29/2022.]
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Filing 58
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 57
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 56
Reply in support of #49 Motion to dismiss for Lack of Personal Jurisdiction filed by Carol Bailey. (Fusco, Mark) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 55
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 54
SEALED Document:Exhibit G to Goodman Declaration - Sep. 17, 2018 internal email exchange between Envision and APC filed by Bren Insurance Services, Inc.. Related document(s) #22 , #50 . (Goodman, Andrew) Modified to note unsigned and no caption, filer notified on 4/20/2022 (O,K). [Transferred from Ohio Northern on 11/29/2022.]
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Filing 53
SEALED Document:Exhibit F to Goodman Declaration - Amendment No. 3 to Pharmacy Benefit Management Services Agreement between Envision and City of Coppell filed by Bren Insurance Services, Inc.. Related document(s) #22 , #50 . (Goodman, Andrew) Modified to note unsigned and no caption, filer notified on 4/20/2022 (O,K). [Transferred from Ohio Northern on 11/29/2022.]
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Filing 52
SEALED Document:Exhibit A to Goodman Declaration - APC/Envision email exchange, December 1, 2014 to December 2, 2014 (Envision_01145-47, Confidential Subject to Protective Order) filed by Bren Insurance Services, Inc.. Related document(s) #22 , #50 . (Goodman, Andrew) Modified to note unsigned and no caption, filer notified on 4/20/2022 (O,K). [Transferred from Ohio Northern on 11/29/2022.]
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Filing 51
Unopposed Motion to file documents under seal filed by Plaintiff Bren Insurance Services, Inc.. Related document(s) #50 . (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 50
Opposition to #49 Motion to dismiss for Lack of Personal Jurisdiction filed by Bren Insurance Services, Inc.. (Attachments: #1 Affidavit of Aaron Bren, #2 Affidavit of Andrew B. Goodman, #3 Exhibit B to Goodman Decl. - April 16, 2015 email from Carol Bailey, #4 Exhibit C to Goodman Decl. - May 13, 2015 email from Carol Bailey, #5 Exhibit D to Goodman Decl. - Email exchange between Carol Bailey and Leo Gutierrez, May 20, 2015 to May 29, 2015, #6 Exhibit E to Goodman Decl. - Consulting Letter of Agreement between Team Pharmacy Consulting and City of Coppell)(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 49
Motion to dismiss for Lack of Personal Jurisdiction with memorandum in support filed by Defendant Carol Bailey. (Attachments: #1 Exhibit A - Executed Declaration of Carol Bailey, #2 Exhibit A-1: Brinson Benefits Articles of Incorporation, #3 Exhibit A-2: Brinson Benefits Certificate of Fact, #4 Exhibit A-3: 4/7/2015 E-mail Chain)(Fusco, Mark) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 48
FILING ERROR - Wrong document. Affidavit/Declaration filed by Carol Bailey. (Attachments: #1 Exhibit A-1: Brinson Benefits Articles of Incorporation, #2 Exhibit A-2: Brinson Benefits Certificate of Fact, #3 Exhibit A-3: 4/7/2015 E-mail Chain). (Fusco, Mark) Modified on 3/2/2022 (L,MI) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 47
Third Amended Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 5/27/2022; Deadline for completing fact discovery 9/28/2022; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 9/14/2022; Deadline to identify rebuttal experts and provide reports 10/14/2022; Deadline for completing expert discovery 11/28/2022; Deadline for filing dispositive motions 10/28/2022; Deadline for filing oppositions to motions 11/28/2022; Deadline for filing replies to responses 12/12/2022; Status Conference set for 10/7/2022 at 10:00 a.m.; Final Pretrial Conference set for 3/3/2023 at 1:00 p.m.; Jury Trial set on two week standby period beginning 4/3/2023 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 2/24/2022. (Attachments: #1 Appendix A - Final Pretrial Conference, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 46
Joint Proposed Revised Case Management Plan and Trial Order filed by Carol Bailey. (Fusco, Mark) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 45
Joint Status Report filed by Carol Bailey. (Fusco, Mark) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document]. In light of the Court's 2/1/2022 order that the parties confer and file proposed dates for a revised Case Management Plan and Trial Order, the status conference presently scheduled for 2/14/2022 is continued until further order of the Court. Judge Sara Lioi on 2/7/2022. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document] granting the stipulated motion filed by defendant Carol Bailey to extend the time to answer or otherwise respond to plaintiff's first amended complaint until 3/2/2022. (Doc. No. #44 .). In light of the extension, the parties shall confer and file proposed dates for a revised Case Management Plan and Trial Order by 2/21/2022. Judge Sara Lioi on 2/1/2022. (O,K) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 44
Stipulated Motion for extension of time until 3/02/22 to Plead in Response to Plaintiff's First Amended Complaint filed by Defendant Carol Bailey. Related document(s) #34 . (Fusco, Mark) Modified text on 1/28/2022 (O,K). [Transferred from Ohio Northern on 11/29/2022.]
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Filing 43
Notice of Appearance by Zachary C. Maciaszek filed by on behalf of Carol Bailey. (Maciaszek, Zachary) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 42
Notice of Appearance by Sara Ravas Cooper filed by on behalf of Carol Bailey. (Cooper, Sara) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 41
Notice of Appearance by Mark S. Fusco filed by on behalf of Carol Bailey. (Fusco, Mark) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 40
Return of Service by personal service executed upon Carol Bailey on 1/8/2022, filed on behalf of Bren Insurance Services, Inc. Related document(s) #34 . (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 39
Answer to #34 Amended complaint , Counterclaim against Bren Insurance Services, Inc. filed by Elixir Rx Solutions, LLC. (Attachments: #1 Exhibit DE Envision's Record of Payment Made to APC for Coppell Acct from 06-30-2015 - 04-05-2018)(Favret, John) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 38
Original Summons issued to counsel for service upon Carol Bailey. (O,K) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 37
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 36
Praecipe for issuance of Original Summons filed by Bren Insurance Services, Inc.. (Attachments: #1 Summons)(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 35
Praecipe for issuance of Amended Summons filed by Bren Insurance Services, Inc.. (Attachments: #1 Summons)(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 34
First Amended complaint against Elixir Rx Solutions, LLC and adding new party defendant(s) Carol Bailey. Filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document]: The parties have submitted a stipulation regarding plaintiff's filing of a first amended complaint (Doc. No. #33 ), which the Court construes as a joint motion, pursuant to the Court's second amended case management plan and trial order (Doc. No. #31 ). The joint motion to file an amended complaint is granted. Plaintiff shall file a clean copy of the first amended complaint attached to the stipulation by 12/31/2021. Judge Sara Lioi on 12/27/2021. (O,K) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 33
Proposed Stipulation to file a First Amended Complaint Pursuant to FRCP 15(a)(2) filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 32
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 31
Second Amended Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 12/27/2021; Deadline for completing fact discovery 1/28/2022; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 1/14/2022; Deadline to identify rebuttal experts and provide reports 2/14/2022; Deadline for completing expert discovery 3/31/2022; Deadline for filing dispositive motions 2/22/2022; Deadline for filing oppositions to motions 3/18/2022; Deadline for filing replies to responses 4/4/2022; Status Conference set for 2/14/2022 at 12:00 p.m.; Final Pretrial Conference set for 6/27/2022 at 1:00 p.m.; Jury Trial set on two week standby period beginning 8/8/2022 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 10/27/2021. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document]. The parties' joint motion to extend all dates and deadlines in the case management plan and trial order is granted. (Doc. No. #30 .) The dates and deadlines will be extended as provided in an amended case management plan and trial order, which will be separately published. Judge Sara Lioi on 10/27/2021. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 30
Joint Motion to continue Deadlines/Cutoffs by 60 Days; [Proposed] Order Thereon filed by Counter-Defendant Bren Insurance Services, Inc., Plaintiff Bren Insurance Services, Inc.. Related document(s) #27 . (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 29
Joint Status Report filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 28
Joint Status Report filed by Bren Insurance Services, Inc.. Related document(s) #19 .(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 27
Case Management Conference Plan/Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 10/27/2021; Deadline for completing fact discovery 11/29/2021; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 11/15/2021; Deadline to identify rebuttal experts and provide reports 12/14/2021; Deadline for completing expert discovery 1/31/2022; Deadline for filing dispositive motions 12/22/2021; Deadline for filing oppositions to motions 1/19/2022; Deadline for filing replies to responses 2/3/2022; Status Conference set for 12/9/2021 at 9:00 a.m.; Final Pretrial Conference set for 4/21/2022 at 1:00 p.m.; Jury Trial set on two week standby period beginning 5/23/2022 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 8/20/2021. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document] granting the parties' joint motion to extend certain case management deadlines sixty (60) days. (Doc. No. #26 .) An amended case management plan and trial order setting forth the requested new dates as well as other new dates, including new final pretrial and trial dates, will be separately published. Judge Sara Lioi on 8/20/2021. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 26
Joint Motion to continue deadlines by 60 days filed by Counter-Defendant Bren Insurance Services, Inc., Plaintiff Bren Insurance Services, Inc. Related document(s) #19 . (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 25
Joint Status Report for July 8, 2021 (45-day report) filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 24
Joint Status Report of May 24, 2021 filed by Bren Insurance Services, Inc.. Related document(s) #19 .(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document]. The parties filed a joint stipulation to extend the date to add parties and amend pleadings, which the Court construes as a joint motion. (Doc. No. #23 .) For good cause shown, the parties joint motion is granted and the deadline to add parties or amend pleadings is extended until August 27, 2021. All other dates and deadlines in the case management plan and trial order remain unchanged. (Doc. No. #19 .) Judge Sara Lioi on 5/21/2021. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 23
Joint Proposed Stipulation to Modify Scheduling Order and Continue Deadline to Add Parties or Amend Pleadings by 90 Days filed by Bren Insurance Services, Inc.. Related document(s) #19 .(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 22
Stipulated Protective Order regarding confidential documents. (Doc. No. #20 .) Judge Sara Lioi on 4/16/2021. (Attachments: #1 Attachment A - Acknowledgment and Agreement to be Bound)(E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 21
Joint Status Report for April 9, 2021 (45-day report) filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 20
Stipulated Motion for protective order filed by Plaintiff Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 19
Case Management Conference Plan/Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 5/28/2021; Deadline for completing fact discovery 9/28/2021; The parties have agreed to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 9/14/2021; Deadline to identify rebuttal experts and provide reports 10/14/2021; Deadline for completing expert discovery 11/29/2021; Deadline for filing dispositive motions 10/22/2021; Deadline for filing oppositions to motions 11/19/2021; Deadline for filing replies to responses 12/3/2021; Status Conference set for 10/8/2021 at 11:30 a.m.; Final Pretrial Conference set for 2/24/2022 at 1:00 p.m.; Jury Trial set on two week standby period beginning 3/21/2022 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 2/23/2021. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Minutes of proceedings [non-document] before Judge Sara Lioi. On February 23, 2021, the Court conducted a telephonic case management conference. Attorney Andrew Goodman participated on behalf of plaintiff. Attorneys Giuseppe Pappalardo and John Favret participated on behalf of defendant. Counsel briefly discussed the facts of the case from their clients' perspective. The Court discussed dates and deadlines for the management of this case and reminded counsel of their obligation to file 45-day status reports. A case management plan and trial order establishing dates and deadlines will be separately published. Both sides expressed a desire to pursue mediation with the magistrate judge after conducting some discovery, and the Court asked counsel to set the first 45-day status report as their goal for doing so. Whenever the parties are ready to be referred to the magistrate judge for mediation, they should jointly notify the Court and the Court will issue a referral order. (Court Reporter: None.) Time: 30 minutes. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 18
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 17
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 16
Magistrate Consent Package issued. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 15
Case Management Conference Scheduling Order: Telephone case management conference, with counsel only, to be held on 2/23/2021 at 1:00 p.m. before Judge Sara Lioi. Directions for joining the call will be emailed to counsel of record no later than the day before the CMC. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 2/2/2021. All other parties must serve on opposing parties the initial disclosures by 2/9/2021. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 1/12/2021. (Attachments: #1 Report of Parties' Planning Meeting) (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 14
Answer to #13 Counterclaim filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 13
Answer to #1 Complaint with Jury Demand , Counterclaim against Bren Insurance Services, Inc. filed by Elixir Rx Solutions, LLC. (Attachments: #1 Exhibit 1 - Ennis Termination Letter, #2 Exhibit 2 - Express Termination Letter, #3 Exhibit 3 - Envision Payment Records to APC for Express October 2016 to 2017, #4 Exhibit 4 - Landmark Termination Letter, #5 Exhibit 5 - Envision Payments to APC for Landmark 2016 to 2019, #6 Exhibit 6 - Smith PMB Services Agreement (Redacted), #7 Exhibit 7 - Coppell Termination Letter)(Favret, John) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document] granting for good cause shown defendant's unopposed motion for an extension of time until December 18, 2020 to answer or otherwise respond to the complaint. (Doc. No. #12 .) Judge Sara Lioi on 11/18/2020. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 12
Unopposed Motion for extension of time until 12/18/20 to answer Complaint filed by Defendant Elixir Rx Solutions, LLC. (Favret, John) [Transferred from Ohio Northern on 11/29/2022.]
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Order [non-document] granting for good cause shown defendant's unopposed #10 motion for an extension of time until November 18, 2020 to answer or otherwise respond to the #1 complaint. Judge Sara Lioi on 10/19/2020. (E,CK) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 11
Corporate Disclosure Statement identifying Corporate Parent Rite-Aid Corporation for Elixir Rx Solutions, LLC filed by Elixir Rx Solutions, LLC. (Favret, John) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 10
Unopposed Motion for extension of time until 11/18/20 to answer Complaint filed by Defendant Elixir Rx Solutions, LLC. (Favret, John) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 9
Attorney Appearance by Giuseppe W. Pappalardo filed on behalf of Elixir Rx Solutions, LLC (Pappalardo, Giuseppe) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 8
Attorney Appearance by John A. Favret, III filed on behalf of Elixir Rx Solutions, LLC. (Favret, John) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 7
Return of Service by Clerk by certified mail executed upon Envision Pharmaceutical Services, LLC on 9/28/2020, filed on behalf of Bren Insurance Services, Inc. Related document(s) #5 . (M,TL) [Transferred from Ohio Northern on 11/29/2022.]
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Service by Clerk. Summons and Complaint addressed to Envision Pharmaceutical Services, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7019 0700 0002 0991 3743. (M,TL) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 6
Initial Standing Order. Judge Sara Lioi on 08/14/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (M,TL) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 5
Original Summons and Magistrate Consent Form issued for service upon Envision Pharmaceutical Services, LLC. (Attachments: #1 Magistrate Consent Form) (M,TL) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 4
Praecipe for issuance of Original Summons filed by Bren Insurance Services, Inc.. Related document(s) #1 . (Attachments: #1 Summons)(Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 3
Supplement - Civil Cover Sheet, filed by Bren Insurance Services, Inc.. (Goodman, Andrew) [Transferred from Ohio Northern on 11/29/2022.]
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) [Transferred from Ohio Northern on 11/29/2022.]
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Judge Sara Lioi assigned to case. (M,TL) [Transferred from Ohio Northern on 11/29/2022.]
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Filing 2
Corporate Disclosure Statement filed by Bren Insurance Services, Inc. (Per attorney, parent company Rite Aid Corporation was added to the document in error.) . (Goodman, Andrew) Modified text on 8/14/2020 (M,TL). [Transferred from Ohio Northern on 11/29/2022.]
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Filing 1
COMPLAINT WITH JURY DEMAND against Envision Pharmaceutical Services, LLC. Filing fee paid $ 400, Receipt number AOHNDC-10183752.. Filed by Bren Insurance Services, Inc.. (Goodman, Andrew)[Transferred from Ohio Northern on 11/29/2022.] Modified text on 11/29/2022 (mms).
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