Diagnostic Channel Partners LLC v. Community Care Partners LLC et al
| Diagnostic Channel Partners LLC |
| Community Care Partners LLC, Community Direct DX LLC, Steve Sorey, Randy Phelps and Alaina Vincent |
| Christopher Navarro |
| 3:2023cv01492 |
| July 5, 2023 |
| US District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 42
ELECTRONIC ORDER: The Court GRANTS the #41 Motion to Withdraw. (Ordered by Judge Karen Gren Scholer on 8/15/2023) (chmb)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:42. Tue Aug 15 10:06:51 CDT 2023 (crt) |
| Filing 41 MOTION to Withdraw as Attorney filed by Diagnostic Channel Partners LLC. (cfk) |
|
Filing 40
ELECTRONIC ORDER: The Court GRANTS IN PART and DENIES IN PART #39 Plaintiff's Motion to Appoint Counsel. Plaintiff shall hire counsel on or before September 8, 2023. (Ordered by Judge Karen Gren Scholer on 8/7/2023) (chmb)
|
| Filing 39 MOTION to Appoint Counsel filed by Diagnostic Channel Partners LLC. (agc) |
| Filing 38 NOTICE of Attorney Appearance by David A Shields, Victor D. John on behalf of Community Care Partners LLC, Community Direct DX LLC, Randy Phelps, Steve Sorey, Alaina Vincent. (Filer confirms contact info in ECF is current.) (Shields, David) Modified text on 7/21/2023 (agc). |
| Filing 37 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (sxf) Modified filed date on 7/7/2023 (sxf). |
| Filing 36 Case electronically transferred in from District of Colorado; Case Number 1:23-cv-01188. 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 on 7/7/2023 (sxf). |
|
Filing 35
ORDER. The defendants' Unopposed Motion to Transfer Venue (Doc. #32 ) is GRANTED. Pursuant to 28 U.S.C. 1404(a), this civil action shall be transferred to the United States District Court for the Northern District of Texas. By Judge Daniel D. Domenico on 07/05/2023. (athom, ) [Transferred from Colorado on 7/7/2023.]
|
| Filing 34 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 7/5/2023. Counsel for Defendants states that they have filed an Unopposed Amended Motion to Transfer Venue [ECF Doc. No. 32, filed 7/3/2023] and based on that, the defense softly objects to a Scheduling Order being entered today. ORDERED: In light of the pending Unopposed Amended Motion to Transfer Venue [ECF Doc. No. 32], the court will not enter a Scheduling Order at thistime. FTR: A402. (morti, ) [Transferred from Colorado on 7/7/2023.] |
| Filing 33 NOTICE of Entry of Appearance by Austin M. Cohen on behalf of Diagnostic Channel Partners, LLCAttorney Austin M. Cohen added to party Diagnostic Channel Partners, LLC(pty:pla) (Cohen, Austin) [Transferred from Colorado on 7/7/2023.] |
| Filing 32 MOTION to Transfer Case Unopposed Amended Motion to Transfer Venue by Defendants Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 31 NOTICE re #23 MOTION to Change Venue Opposed Motion to Transfer Venue Joint Notice of Removal of Opposition to Defendants' Motion to Transfer Venue by Defendants Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 30 Proposed Scheduling Order by Defendants Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Defendants Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent All parties do not consent.. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 28 CORPORATE DISCLOSURE STATEMENT. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 27 CORPORATE DISCLOSURE STATEMENT. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 26 CORPORATE DISCLOSURE STATEMENT. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 25 SUPPLEMENT/AMENDMENT to #3 Corporate Disclosure Statement Amended Corporate Disclosure Statement of Community Direct DX, LLC by Defendant Community Direct DX, LLC. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 24 SUPPLEMENT/AMENDMENT to #2 Corporate Disclosure Statement Amended Corporate Disclosure Statement of Community Care Partners, LLC by Defendant Community Care Partners, LLC. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 23 MOTION to Change Venue Opposed Motion to Transfer Venue by Defendants Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
|
Filing 22
MINUTE ORDER: This matter is before the Court on #13 Order Setting Scheduling Conference. Pursuant to that Order, "each party shall ensure that the disclosure statement required by Fed. R. Civ. P. 7.1(a)(2) has been filed on or before June 21, 2023" (emphasis in original). To date, the Court has received a fully compliant 7.1 Disclosure only from Plaintiff. See # #19 , #21 . The Corporate Disclosure statements of Defendants Community Care Partners, LLC #2 and Community Direct DX, LLC #3 satisfy only the requirements of Fed. R. Civ. P. 7.1(a)(1) to disclose any parent corporation or major public stockholder; they fail to satisfy the requirements of Rule 7.1(a)(2) (effective Dec. 1, 2022) to name and identify the citizenship of every individual or entity whose citizenship is attributed to that party. The Court has received no disclosure statement for individual Defendants Phelps, Sorey or Vincent. All Defendants SHALL, not later than 6/28/2023, file new or amended 7.1 disclosures that fully comply with all parts of that Rule. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/22/23. Text Only Entry (stvlc3, Andrew) [Transferred from Colorado on 7/7/2023.]
|
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Kontnik, Spencer) [Transferred from Colorado on 7/7/2023.] |
|
Filing 20
MINUTE ORDER: This matter is before the Court on its review of #19 Corporate Disclosure Statement of [Plaintiff] Diagnostic Channel Partners, LLC (the "Disclosure Statement"). Although the Disclosure Statement satisfies the requirements of Fed. R. Civ. P. 7.1(a)(1) to disclose any parent corporation or major public stockholder, it fails to satisfy the requirements of Rule 7.1(a)(2) (effective Dec. 1, 2022) to name and identify the citizenship of every individual or entity whose citizenship is attributed to that party. Plaintiff SHALL file an amended disclosure statement not later than 6/21/2023, which names and identifies the citizenship of every individual or entity whose citizenship is attributed to Plaintiff, sufficient to allow the Court to satisfy itself of its own jurisdiction. See Americold Realty Trust v. Conagra Foods, Inc., 577 U.S. 378, 380 (2016) (holding that citizenship of an unincorporated entity is determined by considering the citizenship of all of the entitys members); U.S. Advisor, LLC v. Berkshire Property Advisors, LLC, No. 09-cv-00697-PAB-CBS, 2009 WL 2055206, at *1 (D. Colo. July 10, 2009) (noting that plaintiff had not satisfied the Court of jurisdiction when plaintiff merely stated the citizenship of the LLC members, without identifying the members). SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/13/23. Text Only Entry (stvlc3, Andrew) [Transferred from Colorado on 7/7/2023.]
|
| Filing 19 CORPORATE DISCLOSURE STATEMENT. (Kontnik, Spencer) [Transferred from Colorado on 7/7/2023.] |
| Filing 18 NOTICE of Entry of Appearance by Matthew Louis Fenicle on behalf of Diagnostic Channel Partners, LLCAttorney Matthew Louis Fenicle added to party Diagnostic Channel Partners, LLC(pty:pla) (Fenicle, Matthew) [Transferred from Colorado on 7/7/2023.] |
| Filing 17 NOTICE of Entry of Appearance by Spencer J. Kontnik on behalf of Diagnostic Channel Partners, LLCAttorney Spencer J. Kontnik added to party Diagnostic Channel Partners, LLC(pty:pla) (Kontnik, Spencer) [Transferred from Colorado on 7/7/2023.] |
|
Filing 16
MINUTE ORDER: This matter is before the Court sua sponte. Due to a conflict in the Court's calendar, the Scheduling Conference set for 7/5/2023 10:45 AM is RESET as to time only to 9:45 on the same date in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/22/23. Text Only Entry (stvlc3, Andrew) [Transferred from Colorado on 7/7/2023.]
|
| Filing 15 NOTICE re #1 Notice of Removal,, Notice of State Court Docket Sheet by Defendants Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent (Lavin, Andrew) Modified on 5/23/2023 to note that a verbal non complaince was given regarding attorney log in and password - attorney Lavin has not made an appearance in the case (athom, ). [Transferred from Colorado on 7/7/2023.] |
|
Filing 14
MINUTE ORDER: This case is before the Court sua sponte upon its review of the docket. The Order Setting Scheduling Conference is AMENDED to reset the Scheduling Conference set for 7/5/2023 in Courtroom A 402 before Magistrate Judge Scott T. Varholak to 10:45 AM on the same date. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/15/23. Text Only Entry (stvlc3, Andrew) [Transferred from Colorado on 7/7/2023.]
|
|
Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on May 12, 2023. Proposed Scheduling Order due 6/28/2023 Scheduling Conference set for 7/5/2023 10:41 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (csarr, ) [Transferred from Colorado on 7/7/2023.]
|
|
Filing 12
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 5/12/2023. Text Only Entry. (rkeec) [Transferred from Colorado on 7/7/2023.]
|
| Filing 11 Exhibits in Support of #1 Notice of Removal,, by Defendants Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent. (Attachments: #1 Civil Cover Sheet Exhibit to DKT001, #2 Supplemental Civil Cover Sheet Exhibit to DKT001)(Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) [Transferred from Colorado on 7/7/2023.] |
| Filing 9 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (blaws) [Transferred from Colorado on 7/7/2023.] |
| Filing 8 STATE COURT DEFENDANTS' ANSWER and Jury Demand to #7 Complaint by Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent. (blaws) [Transferred from Colorado on 7/7/2023.] |
| Filing 7 STATE COURT COMPLAINT and Jury Demand against Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent, filed by Diagnostic Channel Partners, LLC. (blaws) [Transferred from Colorado on 7/7/2023.] |
| Filing 6 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (blaws) [Transferred from Colorado on 7/7/2023.] |
| Filing 5 NOTICE of Entry of Appearance by Danielle Ann Estenssoro on behalf of Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina VincentAttorney Danielle Ann Estenssoro added to party Community Care Partners, LLC(pty:dft), Attorney Danielle Ann Estenssoro added to party Community Direct DX, LLC(pty:dft), Attorney Danielle Ann Estenssoro added to party Randy Phelps(pty:dft), Attorney Danielle Ann Estenssoro added to party Steve Sorey(pty:dft), Attorney Danielle Ann Estenssoro added to party Alaina Vincent(pty:dft) (Estenssoro, Danielle) [Transferred from Colorado on 7/7/2023.] |
| Filing 4 NOTICE of Entry of Appearance by Anna M. Reinert on behalf of Community Care Partners, LLC, Community Direct DX, LLC, Randy Phelps, Steve Sorey, Alaina Vincent (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
| Filing 1 NOTICE OF REMOVAL by Alaina Vincent, Steve Sorey, Community Direct DX, LLC, Community Care Partners, LLC, Randy Phelps from District Court, Adams County, Colorado, Case Number 2023CV30418. (Filing fee $ 402, Receipt Number ACODC-9097213), filed by Alaina Vincent, Steve Sorey, Community Direct DX, LLC, Community Care Partners, LLC, Randy Phelps. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Reinert, Anna) [Transferred from Colorado on 7/7/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
