Modern Vascular of Southaven LLC et al v. Qlarant Integrity Solutions LLC
| Modern Vascular of Southaven LLC, HOUSTON VASCULAR SPECIALISTS CORP, FORT WORTH VASCULAR SPECIALISTS GROUP, MODERN VASCULAR OF DENVER, LLC, SAN ANTONIO VASCULAR SPECIALISTS CORP and Modern Vascular of Denver LLC |
| QLARANT INTEGRITY SOLUTIONS, LLC. and Qlarant Integrity Solutions LLC |
| Cory Fein |
| 3:2023cv01171 |
| May 22, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 16
ELECTRONIC ORDER - Before the Court is Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint, filed on July 18, 2023 (Doc. No. 15). The Motion is GRANTED. Defendant shall respond to Plaintiff's Amended Complaint no later than August 19, 2023. (Ordered by Judge Ed Kinkeade on 7/19/2023) (chmb)
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| Filing 15 Unopposed MOTION to Extend Time To Respond to Amended Complaint filed by Qlarant Integrity Solutions LLC (Attachments: #1 Proposed Order) (Hess, Michael) |
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Filing 14
ELECTRONIC ORDER: Defendant removed this case to federal court. Plaintiffs' state court petition was the operative pleading when Defendant filed its Motion to Dismiss Under FRCP 12(b)(1) and FRCP 12(b)(6) in Response to Plaintiffs' Original Petition (Doc. No. 10). Plaintiffs timely filed an Amended Complaint (Doc. No. 12), see Fed. R. Civ. P. 15(a)(1), then subsequently filed a Response in Opposition to Defendant's Motion to Dismiss (Doc. No. 13). Because Defendant urges dismissal of Plaintiffs' state court pleading, in part, under Rule 12(b)(6), the Court DENIES without prejudice to refiling Defendant's Motion to Dismiss. Defendant may refile its motion addressing Plaintiffs' Amended Complaint within the time permitted under the Federal Rules of Civil Procedure. (Ordered by Judge Ed Kinkeade on 7/10/2023) (chmb)
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| Filing 13 RESPONSE filed by Fort Worth Vascular Specialists Group, Houston Vascular Specialists Corp, Modern Vascular of Denver LLC, Modern Vascular of Southaven LLC, San Antonio Vascular Specialists Corp re: #10 MOTION to Dismiss Under FRCP 12(B)(1) and FRCP 12(B)(6) In Response to Pl's Original Petition (Attachments: #1 Proposed Order) (Stark, Patrick) |
| Filing 12 AMENDED COMPLAINT against All Defendants filed by Modern Vascular of Southaven LLC, Houston Vascular Specialists Corp, Modern Vascular of Denver LLC, San Antonio Vascular Specialists Corp, Fort Worth Vascular Specialists Group. 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), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s)) (Stark, Patrick) |
| Filing 11 Appendix in Support filed by Qlarant Integrity Solutions LLC re #10 MOTION to Dismiss Under FRCP 12(B)(1) and FRCP 12(B)(6) In Response to Pl's Original Petition (Attachments: #1 Exhibit(s)) (Hess, Michael) |
| Filing 10 MOTION to Dismiss Under FRCP 12(B)(1) and FRCP 12(B)(6) In Response to Pl's Original Petition filed by Qlarant Integrity Solutions LLC (Hess, Michael) |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Fort Worth Vascular Specialists Group, Houston Vascular Specialists Corp, Modern Vascular of Denver LLC, Modern Vascular of Southaven LLC, San Antonio Vascular Specialists Corp. (Clerk QC note: No affiliate entered in ECF). (Stark, Patrick) |
| Filing 8 NOTICE of Request for Courtesy Notifications of Electronic Filing filed by Cory Fein (Fein, Cory) |
| Filing 7 RESPONSE filed by Qlarant Integrity Solutions LLC re: #3 Order (Hess, Michael) |
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Filing 6
ELECTRONIC ORDER: Before the Court is Defendant's Unopposed Motion for Extension of Time to Respond to Complaint (Doc. No. 5). The Court has carefully considered the Motion and finds good cause exists for the requested extension. Thus, the Court GRANTS the Motion. Defendant shall answer or otherwise respond to Plaintiffs' pleading by June 13, 2023. (Ordered by Judge Ed Kinkeade on 5/25/2023) (chmb)
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| Filing 5 MOTION to Extend Time Unopposed Motion for Extension of Time to Respond to Complaint filed by Qlarant Integrity Solutions LLC (Attachments: #1 Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Complaint) (Hess, Michael) |
| Filing 4 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. (acm) |
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Filing 3
ORDER: "Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); see also 28 U.S.C. 1331, 1332(a)(1)-(2). The Court has an obligation to examine its subject matter jurisdiction sua sponte at any time. Accordingly, if Defendant wishes to press diversity jurisdiction as a basis for this Courts jurisdiction, Defendant may amend its Notice of Removal to properly allege every party's citizenship by June 6, 2023. If Defendant fails to do so, the Court will consider the propriety of removal and the basis for this Court's subject matter jurisdiction to be based solely upon (1) federal officer removal jurisdiction and (2) federal question jurisdiction with supplemental jurisdiction over state law claims. Further, if Defendant files an amended notice of removal properly alleging diversity jurisdiction, each party's Certificate of Interested Persons/Disclosure Statement must comply with Rule 7.1(a)(2) of the Federal Rules of Civil Procedure. Fed. R. Civ. P. 7.1(a)(2) (disclosure requirements for parties in diversity cases). (Ordered by Judge Ed Kinkeade on 5/23/2023) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by QLARANT INTEGRITY SOLUTIONS, LLC.. (Clerk QC note: No affiliate entered in ECF). (Hess, Michael) |
| Filing 1 NOTICE OF REMOVAL filed by QLARANT INTEGRITY SOLUTIONS, LLC.. (Filing fee $402; receipt number ATXNDC-13758023) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms 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. (Attachments: #1 Exhibit(s) Def's Removal Exhibit Index, #2 Cover Sheet, #3 Cover Sheet Supplement) (Hess, Michael) |
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