ABIRA MEDICAL LABORATORIES, LLC v. INTEGRANET HEALTH OF FLORIDA, INC. et al
| Abira Medical Laboratories, LLC doing business as Genesis Diagnostics |
| IntegraNet Health of Florida, Inc., Integranet Physician Resource, Inc. doing business as INTEGRANET HEALTH, ABC COMPANIES 1-100 and John Doe(s) 1-100 |
| 4:2024cv01642 |
| May 1, 2024 |
| US District Court for the Southern District of Texas |
| Houston Office |
| David Hittner |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/25/2024 at 10:00 AM in by video before Magistrate Judge Peter Bray( Judge David Hittner) Parties notified. (bwl4)
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Filing 18
Case transferred in from New Jersey. Case Number 3:23-cv-03849; certified copy of transfer order, certified docket sheet, and transfer letter received
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Filing 17
ORDER that Defendant's #11 Motion is GRANTED in part and DENIED in part. The Court finds that it lacks personal jurisdiction over Defendant's, and the Clerk of Court is directed to TRANSFER this case to the United States District Court for the Southern District of Texas, Houston Division. Signed by Judge Georgette Castner on 4/30/2024. (kht)
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Filing 16
OPINION filed. Signed by Judge Georgette Castner on 4/30/2024. (kht)
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***Civil Case Terminated. (kht)
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Filing 15
Substitution of Attorney - Attorney LANCE S. FORBES terminated. Attorney AFIYFA HAKIM ELLINGTON for ABIRA MEDICAL LABORATORIES, LLC added.. (ELLINGTON, AFIYFA)
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Filing 14
Substitution of Attorney - Attorney ADEREMILEKUN A. OMOJOLA, ESQ terminated. Attorney LANCE S. FORBES for ABIRA MEDICAL LABORATORIES, LLC added.. (FORBES, LANCE)
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Filing 13
REPLY to Response to Motion filed by INTEGRANET HEALTH OF FLORIDA, INC., INTEGRANET PHYSICIAN RESOURCE, INC. re #11 MOTION to Dismiss Amended Complaint (BROWN, MELISSA)
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Filing 12
BRIEF in Opposition filed by ABIRA MEDICAL LABORATORIES, LLC re #11 MOTION to Dismiss Amended Complaint (Attachments: #1 Affidavit Affidavit of Alan Miller)(OMOJOLA, ADEREMILEKUN)
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Set Deadlines as to #11 MOTION to Dismiss Amended Complaint. Motion set for 10/16/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)
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Filing 11
MOTION to Dismiss Amended Complaint by INTEGRANET HEALTH OF FLORIDA, INC., INTEGRANET PHYSICIAN RESOURCE, INC.. Responses due by 10/2/2023. (Attachments: #1 Text of Proposed Order Order, #2 Brief Brief, #3 Exhibit Amended Complaint (E-Filed 9.6.23), #4 Exhibit Affidavit of Jennifer Davis-Florida, #5 Exhibit Abira Medical Laboratories, Inc. v. Humana, Inc., #6 Exhibit Abira v. Humana - Judge McNulty's dismissal Opinion, #7 Exhibit Abira v. Cigna Health - opinion by Judge Padin dismising case for lack of personal jurisdiction and transferring the case, #8 Exhibit Abira v. Johns Hopkins Healthcare - Judge Brody's opinion, #9 Exhibit Affidavit of Aaron Keiter -Texas, #10 Exhibit Affidavit of Jennifer Davis-Texas, #11 Exhibit Affidavit of Aaron Keiter - Florida, #12 Exhibit Sondhi v McPherson Oil Co., No. 20-13986, 2021 WL 5356182, #13 Exhibit Business Organizations Inquiry for Plaintiff, #14 Exhibit Plaintiff Counsel's July 18, 2023 email, #15 Exhibit Genesis Laboratory Management LLC v United Health Group Inc., No. 21CV12057 (EP) (JSA), 2023 WL 2387400 (D.N.J. Mar 6, 2023), #16 Exhibit Diagnostic Affiliates of Northeast Hou LLC v Aetna Inc., No. 2 22-cv-00127, 2023 WL 1772197 (S.D. Tex. Feb. 1, 2023), #17 Exhibit GS Labs Inc v Medica Insurance Company_ No. 21-CV-2400 (SRN TNL), 2022 WL 4357542 (D. Minn. Sept. 20, 2022), #18 Exhibit BCBSM Inc v GS Labs LLC, No. 22-CV-513 (ECT DJF), 2023 WL 2044329 (D. Minn. Jan. 30, 2023), #19 Exhibit Murphy Medical Associates LLC v Yale University, No. 3 22-cv-33 (KAD), 2023 WL 2631798 (D. Conn. Mar. 24, 2023), #20 Exhibit Murphy Medical Associates LLC v Cigna Health and Life Insurance Company, No. 3 20-cv-1675 (JBA), 2022 WL 743088, at (D. Conn. Mar. 11, 2022), #21 Exhibit Murphy Medical Associates LLC v Centene Corporation, No. 3 22-cv-504 (VLB), 2023 WL 2384143, at (D. Conn. Mar. 6, 2023), #22 Exhibit Saloojas Inc v Aetna Health of California Inc., No. 22-cv-1696 (JSC) et al. (N.D. Cal. June 23, 2022), #23 Exhibit GS Labs Inc v Medica Insurance Company, No. 21-cv-2400 (SRN), 2022 WL 4357542 (D. Minn. Sept. 20, 2022), #24 Exhibit Saloojas Inc v Blue Shield of California Life and Health Insurance Company, No. 22-cv-3267 (MMC), 2022 WL 4843071 (N.D. Cal. Oct. 3, 2022), #25 Exhibit Porowski v Rehm, No. A-4039-07T3, 2008 WL 5273086 (N.J. Super. Ct. App. Div. Dec. 22, 2008))(BROWN, MELISSA)
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Filing 10
TEXT ORDER: Following the Court's receipt and review of Plaintiff's Amended Complaint and pre-motion letter (ECF Nos. #8 , #9 ), the pre-motion conference scheduled for September 13, 2023 is canceled. Defendants shall have until September 22, 2023, to answer, move or otherwise respond to Plaintiff's Amended Complaint. If Defendants file a motion to dismiss, Plaintiff's opposition papers will be due on October 2, 2023, and Defendants' reply papers will be due on October 10, 2023. So Ordered by Judge Georgette Castner on 9/8/23. (adi)
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Filing 9
Letter re 7 Order,,,,, Terminate Motions,,,,, Set Hearings,,,, Set/Reset Motion and R&R Deadlines/Hearings, #8 Amended Complaint. (OMOJOLA, ADEREMILEKUN)
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Filing 8
AMENDED COMPLAINT against All Defendants All Defendants., filed by ABIRA MEDICAL LABORATORIES, LLC.(OMOJOLA, ADEREMILEKUN)
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Filing 7
TEXT ORDER: This matter comes before the Court based on a review of its docket and the filing of Defendants' Motion to Dismiss (ECF No. #5 ). Because Defendants did not submit a letter requesting a pre-motion conference in accordance with the Court's individual preferences, which may be found at # https://www.njd.uscourts.gov/content/georgette-castner , Defendants' Motion to Dismiss (ECF No. #5 ) is hereby administratively terminated. The Court has set a pre-motion conference for 9/13/2023 at 10:00 a.m. via telephone. Dial-in information will be provided to the parties via email prior to the telephone conference. The Court will reopen and relist Defendants' Motion to Dismiss pending the outcome of the conference. By no later than September 1, 2023, Plaintiff shall file a letter, not exceeding three (3) pages single spaced, responding to Defendants' arguments for dismissal, including whether Plaintiff intends to file an amended complaint. So Ordered by Judge Georgette Castner on 8/24/23. (adi)
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Set Deadlines as to #5 MOTION to Dismiss . Motion set for 9/18/2023 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)
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Filing 6
TEXT ORDER: The Rule 16 Initial Conference originally scheduled for 9/18/2023 [Docket Entry No. #4 ] is hereby adjourned without a new date pending a decision on the Motion to Dismiss [Docket Entry No. #5 ]. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 8/21/2023. (jem)
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Filing 5
MOTION to Dismiss by INTEGRANET HEALTH OF FLORIDA, INC., INTEGRANET PHYSICIAN RESOURCE, INC.. Responses due by 8/29/2023. (Attachments: #1 Brief Brief, #2 Text of Proposed Order Proposed Order, #3 Exhibit Plaintiff's Complaint, #4 Exhibit Affidavit of Jennifer A. Nemy-Davis - Florida, #5 Exhibit Abira Medical Laboratories, Inc. d/b/a Genesis Diagnostics v. Humana, Inc., #6 Exhibit Judge McNulty's dismissal Opinion in the Humana suit, #7 Exhibit Abira Medical Laboratories, Inc. d/b/a Genesis Diagnostics v. Cigna Health and Life Insurance Co., #8 Exhibit Abira Medical Laboratories, Inc. d/b/a Genesis Diagnostics v. Johns Hopkins Healthcare, LLC, #9 Exhibit Affidavit of Aaron Keiter - Texas, #10 Exhibit Affidavit of Jennifer A. Nemy-Davis - Texas, #11 Exhibit Affidavit of Aaron Keiter - Florida, #12 Exhibit Sondhi v. McPherson Oil Co., #13 Exhibit Business Organizations Inquiry for Plaintiff, #14 Exhibit Plaintiff's counsel, Ade Omojola's July 18, 2023 email forwarding an EXCEL spreadsheet with attached spreadsheet, #15 Exhibit Genesis Lab. Mgmt. LLC v. United Health Group, Inc., #16 Exhibit Diagnostic Affiliates of Ne. Hou, LLC v. Aetna, Inc., #17 Exhibit GS Labs, Inc. v. Medica Ins. Co., #18 Exhibit BCBSM, Inc. v. GS Labs, LLC, #19 Exhibit Murphy Med. Associates, LLC v. Yale Univ., #20 Exhibit Murphy Medical Associates, LLC v. Cigna Health and Life Ins. Co., #21 Exhibit Murphy Medical Associates, LLC, et al. v. Centene Corp., et al., #22 Exhibit Saloojas, Inc. v. Aetna Health of Cal., Inc., #23 Exhibit GS Labs, Inc. v. Medica Ins. Co., #24 Exhibit Saloojas, Inc. v. Blue Shield of Cal. Life and Health Ins. Co., #25 Exhibit Porowski v. Rehm)(BROWN, MELISSA)
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Filing 4
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 9/18/2023 at 2:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/07/2023. (jem)
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Filing 3
Corporate Disclosure Statement by INTEGRANET HEALTH OF FLORIDA, INC., INTEGRANET PHYSICIAN RESOURCE, INC. identifying Intercare Health Systems, Ltd as Corporate Parent.. (BROWN, MELISSA)
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CLERK'S QUALITY CONTROL MESSAGE - The #2 Application and Proposed Order for Clerk's Order to extend time to answer filed by MELISSA BROWN on 7/31/2023 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (jdg)
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Clerk`s Text Order - The #2 Application for Clerk's Order Extending Time to Answer submitted by INTEGRANET HEALTH OF FLORIDA, INC., INTEGRANET PHYSICIAN RESOURCE, INC. has been GRANTED. The answer due date has been set for 8/22/2023. (jdg)
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Filing 2
Application and Proposed Order for Clerk's Order to extend time to answer as to IntegraNet Physician Resource, Inc.; IntegraNet Health of Florida, Inc.. Attorney MELISSA JENNIFER BROWN for INTEGRANET HEALTH OF FLORIDA, INC.,MELISSA JENNIFER BROWN for INTEGRANET PHYSICIAN RESOURCE, INC. added. (BROWN, MELISSA) (Main Document 2 replaced on 8/1/2023) (jdg, ).
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Filing 1
NOTICE OF REMOVAL by IntegraNet Health of Florida, Inc., IntegraNet Physician Resource, Inc. d/b/a IntegraNet Health from Mercer County, case number 1075-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14467141), filed by IntegraNet Health of Florida, Inc., IntegraNet Physician Resource, Inc. d/b/a IntegraNet Health. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(BROWN, MELISSA)
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: . Party Information is to be entered in CAPITAL LETTERS. D/B/A parties should be added as an ALIAS. DO NOT enter D/B/A parties in the Last name/First name field. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )
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Judge Georgette Castner and Magistrate Judge Tonianne J. Bongiovanni added. (mlh)
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Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (mlh)
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CLERK'S QUALITY CONTROL MESSAGE - The "NOTICE OF REMOVAL" #1 submitted on 7/19/2023 appears to have address information as to both counsel that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (mlh)
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