Ferguson et al v. Southwest Regional PCR, LLC
| Tom Ferguson and Gregg Browne |
| Southwest Regional PCR, LLC and Southwest Regional PCR, LLC doing business as MicroGenDX |
| Southwest Regional PCR, LLC doing business as MicroGenDX, LLC |
| 5:2022cv00182 |
| July 12, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Defendant |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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Filing 59
ORDER GRANTING PLAINTIFFS' APPLICATION FOR ATTORNEY'S FEES RE: #32 Motion for Attorney Fees. In accordance with FED. R. Civ. P. 37(a)(5)(A), Mr. Caminiti is required to reimburse Plaintiffs in the amount of $8,286.25 for reasonable attorney's fees. Full payment must be made to Plaintiffs' counsel at Gardner Haas PLLC, 2501 N. Harwood Street, Suite 1250, Dallas, Texas 75201, no later than August 16, 2023. SO ORDERED. (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 7/31/2023) (krr)
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Filing 58
Order Administratively Closing Case. Having reviewed the parties' arguments and filings, the Court grants the motion to stay. The Clerk is directed to administratively close this case pending further notice. By no later than October 26, 2023, the parties must file a joint report detailing the status of the case and the parties' positions on whether the case should remain stayed or be reopened for further proceedings. (Ordered by Judge James Wesley Hendrix on 7/28/2023) (bdg)
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| Filing 57 PLAINTIFFS SURREPLY OPPOSING DEFENDANTS MOTION TO STAY PROCEEDINGS re: #28 MOTION to Stay Proceedings. (bmh) |
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Filing 56
ORDER granting #55 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge James Wesley Hendrix on 7/27/2023) (bmh)
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| Filing 55 MOTION for Leave to File Surreply Opposing Defendant's Motion to Stay Proceedings(ECF NO. 28) filed by Gregg Browne, Tom Ferguson with Brief/Memorandum in Support. (Attachments: #1 Plaintiffs' Proposed Surreply) (Cleeter, Alex) |
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Filing 53
ORDER: The Court orders that the defendant file a sealed, ex parte, unredacted copy of the subpoena by no later than 5:00 p.m. on July 26, 2023. (Ordered by Judge James Wesley Hendrix on 7/25/2023) (bdg)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:52,53. Tue Jul 25 15:20:17 CDT 2023 (crt) |
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Filing 52
ORDER granting #45 Application for Admission Pro Hac Vice of Michael N Ripani. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 7/24/2023) (bdg)
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| Filing 51 REPLY filed by Southwest Regional PCR, LLC re: #28 MOTION to Stay Proceedings (Barton, Jared) |
| Filing 50 NOTICE of Attorney Appearance by William Kriston Knisley on behalf of Gregg Browne, Tom Ferguson. (Filer confirms contact info in ECF is current.) (Knisley, William) |
| Filing 49 Appendix in Support filed by Southwest Regional PCR, LLC re #48 Response/Objection (Barton, Jared) |
| Filing 48 RESPONSE filed by Southwest Regional PCR, LLC re: #30 Second MOTION to Compel Discovery (Attachments: #1 Declaration(s)) (Barton, Jared) |
| Filing 47 NOTICE of Attorney Appearance by Charlotte (Carlye) Elizabeth Dozier on behalf of Southwest Regional PCR, LLC. (Filer confirms contact info in ECF is current.) (Dozier, Charlotte (Carlye)) |
| Filing 46 NOTICE of Attorney Appearance by Jason Eric Pepe on behalf of Southwest Regional PCR, LLC. (Filer confirms contact info in ECF is current.) (Pepe, Jason) |
| Filing 45 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael N. Ripani (Filing fee $100; Receipt number ATXNDC-13898484) filed by Southwest Regional PCR, LLC (Attachments: #1 Letter of Good Standing) (Barton, Jared) |
| Filing 44 Appendix in Support filed by Gregg Browne, Tom Ferguson re #43 First MOTION for Sanctions (Cleeter, Alex) |
| Filing 43 First MOTION for Sanctions filed by Gregg Browne, Tom Ferguson with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cleeter, Alex) |
| Filing 42 RESPONSE IN OPPOSITION filed by Gregg Browne, Tom Ferguson re: #28 MOTION to Stay Proceedings (Attachments: #1 Proposed Order) (Cleeter, Alex) Modified text on 7/18/2023 (bdg). |
| Filing 41 MOTION to Withdraw as Counsel for Defendant Southwest Regional PCR, LLC dba MicroGenDX, LLC filed by Southwest Regional PCR, LLC (Barton, Jared) |
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Filing 40
Order Referring Motion for Attorney's Fees re: #32 MOTION for Attorney Fees. Motion(s) referred to Magistrate Judge D. Gordon Bryant, Jr. (Ordered by Judge James Wesley Hendrix on 7/14/2023) (bdg)
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Filing 39
Order Referring Motion to Compel re: #30 Second MOTION to Compel. Motion(s) referred to Magistrate Judge D. Gordon Bryant, Jr. (Ordered by Judge James Wesley Hendrix on 7/14/2023) (bdg)
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| Filing 38 Appendix in Support filed by Gregg Browne, Tom Ferguson re #37 Response/Objection (Cleeter, Alex) |
| Filing 37 RESPONSE filed by Gregg Browne, Tom Ferguson re: #34 Brief/Memorandum in Support of Motion (Cleeter, Alex) |
| Filing 36 Designation of Experts by Southwest Regional PCR, LLC. (Barton, Jared) |
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Filing 35
ORDER: Before the Court is the defendant's Motion to Stay Proceedings. Dkt. No. 28. The plaintiffs are ordered to respond to the motion by no later than July 17, 2023. Any reply from the defendant must be filed by July 24, 2023. (Ordered by Judge James Wesley Hendrix on 7/11/2023) (bdg)
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| Filing 34 Brief/Memorandum in Support filed by Southwest Regional PCR, LLC re #27 Order on Motion to Compel (Barton, Jared) |
| Filing 33 Appendix in Support filed by Gregg Browne, Tom Ferguson re #32 MOTION for Attorney Fees Pursuant to Order Granting Motion to Compel (ECF No. 27) (Cleeter, Alex) |
| Filing 32 MOTION for Attorney Fees Pursuant to Order Granting Motion to Compel (ECF No. 27) filed by Gregg Browne, Tom Ferguson with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cleeter, Alex) Modified on 7/31/2023; motion for attorney fees still pending. (krr). |
| Filing 31 Appendix in Support filed by Gregg Browne, Tom Ferguson re #30 Second MOTION to Compel Discovery (Cleeter, Alex) |
| Filing 30 Second MOTION to Compel Discovery filed by Gregg Browne, Tom Ferguson with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cleeter, Alex) |
| Filing 29 Brief/Memorandum in Support filed by Southwest Regional PCR, LLC re #28 MOTION to Stay Proceedings (Barton, Jared) |
| Filing 28 MOTION to Stay Proceedings filed by Southwest Regional PCR, LLC with Brief/Memorandum in Support. (Barton, Jared) |
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Filing 27
ORDER granting #19 Motion to Compel. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 6/22/2023) (bdg)
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| Filing 26 Designation of Experts by Gregg Browne, Tom Ferguson. (Cleeter, Alex) |
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Filing 25
Order Referring Motion to Compel re: #19 First MOTION to Compel. Motion(s) referred to Magistrate Judge D. Gordon Bryant, Jr. for resolution. (Ordered by Judge James Wesley Hendrix on 4/26/2023) (bdg)
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| Filing 24 REPLY filed by Gregg Browne, Tom Ferguson re: #19 First MOTION to Compel Discovery (Knisley, William) |
| Filing 23 ANSWER to #21 Amended Complaint,, with Jury Demand filed by Southwest Regional PCR, 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. (Barton, Jared) |
| Filing 22 RESPONSE filed by Southwest Regional PCR, LLC re: #19 First MOTION to Compel Discovery (Attachments: #1 Proposed Order) (Barton, Jared) |
| Filing 21 AMENDED COMPLAINT against Southwest Regional PCR, LLC filed by Tom Ferguson, Gregg Browne. 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 Amended Complaint (Redline)) (Cleeter, Alex) |
| Filing 20 Appendix in Support filed by Gregg Browne, Tom Ferguson re #19 First MOTION to Compel Discovery (Cleeter, Alex) |
| Filing 19 First MOTION to Compel Discovery filed by Gregg Browne, Tom Ferguson with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiffs' Motion to Compel) (Cleeter, Alex) |
| Filing 18 REPLY filed by Gregg Browne, Tom Ferguson re: #16 Motion to Dismiss for Failure to State a Claim MOTION to Strike (Cleeter, Alex) |
| Filing 17 RESPONSE AND OBJECTION filed by Southwest Regional PCR, LLC re: #16 Motion to Dismiss for Failure to State a Claim MOTION to Strike (Barton, Jared) |
| Filing 16 Motion to Dismiss for Failure to State a Claim filed by Gregg Browne, Tom Ferguson with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cleeter, Alex). Added Rule 12(F) MOTION to Strike on 1/3/2023 (lkw). |
| Filing 15 COUNTERCLAIM And Demand for Jury Trial against All Plaintiffs filed by Southwest Regional PCR, LLC (Barton, Jared) |
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Filing 14
SCHEDULING ORDER: Joinder of Parties due by 01/03/2023. Amendment of Pleadings due by 04/05/2023. Responsive Expert Designation & Report due by 06/14/2023. Dispositive Motions due by 8/14/2023. Discovery due by 8/14/2023. Pretrial Order due by 11/20/2023. Exchange of Exhibits due by 11/27/2023. Jury Trial set for 12/11/2023 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 10/5/2022) (bdg)
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Filing 13
ORDER granting #12 Application for Admission Pro Hac Vice of Daniel D Caminiti. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). Also before the Court is the defendant's motion to waive the local counsel requirements set forth in Local Civil Rule 83.10. Dkt. No. 12-2. For the reasons stated in the motion, the motion is granted. (Ordered by Judge James Wesley Hendrix on 10/3/2022) (bdg)
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| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel D. Caminiti (Filing fee $100; Receipt number ATXNDC-13188305) filed by Southwest Regional PCR, LLC (Attachments: #1 Certificate of Good Standing, #2 Request for Local Counsel Exception) (Barton, Jared) |
| Filing 11 Joint STATUS REPORT for Contents of Scheduling Order filed by Gregg Browne, Tom Ferguson. (Cleeter, Alex) |
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Filing 10
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer at a scheduling conference as soon as practicable, but in any event no later than September 9, 2022. The Joint Report shall be filed on or before September 23,2022. (Ordered by Judge James Wesley Hendrix on 8/25/2022) (bdg)
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| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Southwest Regional PCR, LLC. (Clerk QC note: No affiliate entered in ECF). (Howard, Bradley) |
| Filing 8 ANSWER to #1 Complaint,,,, with Jury Demand filed by Southwest Regional PCR, 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. Attorney Bradley W Howard added to party Southwest Regional PCR, LLC(pty:dft) (Howard, Bradley) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to Responsive Pleading. Southwest Regional PCR, LLC must file a responsive pleading by no later than 8/24/2022. (Ordered by Judge James Wesley Hendrix on 8/4/2022) (bdg)
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| Filing 6 Unopposed Motion for Extension of Time to File Answer filed by Southwest Regional PCR, LLC (Attachments: #1 Proposed Order)Attorney Jared William Barton added to party Southwest Regional PCR, LLC(pty:dft) (Barton, Jared) |
| Filing 5 SUMMONS Returned Executed as to All Defendants. (Cleeter, Alex) |
| Filing 4 Summons Issued as to Southwest Regional PCR, LLC. (bdg) (Main Document 4 replaced on 7/13/2022) (bdg). |
| Filing 3 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. Clerk to provide copy to plaintiff if not received electronically. (bdg) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gregg Browne, Tom Ferguson. (Clerk QC note: Affiliate entry indicated). (Cleeter, Alex) |
| Filing 1 COMPLAINT against Southwest Regional PCR, LLC filed by Tom Ferguson, Gregg Browne. (Filing fee $402; Receipt number 0539-12958371) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet Civil Cover Sheet) (Cleeter, Alex) |
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