LMN Consulting, Inc. v. DAV Acquisition Corp et al
| LMN Consulting, Inc. and LMN Consulting, Inc. doing business as Element Consulting Group |
| Midcap Financial Services, LLC, DAV Sub, Inc., DAV Acquisition Corp., Mike Love, PNC Bank, N.A., Midcap Financial Trust, Davincian Healthcare, Inc. and DAV Sub, Inc. doing business as Continuum Health Tech. Corp. |
| 1:2018cv01085 |
| December 14, 2018 |
| US District Court for the Western District of Texas |
| Lee Yeakel |
| Contract: Other |
| 28 U.S.C. § 1446 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 72 FINAL JUDGMENT. Signed by Judge Lee Yeakel. (jv2) |
Filing 71
ORDER GRANTING #70 Joint Motion to Dismiss with Prejudice. Signed by Judge Lee Yeakel. (jv2)
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| Filing 70 Joint MOTION to Dismiss with Prejudice by LMN Consulting, Inc.. (Attachments: #1 Proposed Order)(Ranis, Ethan) |
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Filing 69
IT IS ORDERED that the parties provide final dismissal documents on or before February 14, 2019. Signed by Judge Lee Yeakel. (dm)
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| Filing 68 NOTICE of Settlement (Joint) by LMN Consulting, Inc. (Ranis, Ethan) |
| Filing 67 RESPONSE to #60 MOTION for Reconsideration re #59 Report and Recommendations, Objection to Magistrate Judge's Report by LMN Consulting, Inc.. (Ranis, Ethan) |
| Filing 66 RESPONSE to #61 Objection to Report and Recommendations, #63 Objection to Report and Recommendations by LMN Consulting, Inc.. (Ranis, Ethan) |
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Filing 65
Agreed Confidentiality and Protective Order. Signed by Judge Lee Yeakel. (td)
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| Filing 64 Joint MOTION for Entry of Confidentiality and Protective Order by LMN Consulting, Inc.. (Attachments: #1 Proposed Order)(Ranis, Ethan) |
| Filing 63 OBJECTION to #59 Report and Recommendations by Midcap Financial Services, LLC, Midcap Financial Trust.. (Ratliff, Shannon) |
| Filing 62 OBJECTION to #59 Report and Recommendations by LMN Consulting, Inc... (White, Raymond) |
| Filing 61 OBJECTION to #59 Report and Recommendations by DAV Acquisition Corp., DAV Sub, Inc... (Weiss, Jesse) |
| Filing 60 Objection to #59 Report and Recommendations, by PNC Bank, N.A.. (Taylor, Christopher) Modified on 11/14/2019 to correct event (td). |
| Notice of Correction: re #60 MOTION for Reconsideration re #59 Report and Recommendations, Objection to Magistrate Judge's Report. Filer selected wrong event, correction has been made. No further action is required. Please note this information for future filing purposes. (td) |
| Filing 59 REPORT AND RECOMMENDATIONS re #42 Motion to Dismiss filed by Midcap Financial Trust, Midcap Financial Services, LLC, #40 Motion to Dismiss, filed by DAV Sub, Inc., DAV Acquisition Corp., #41 Motion to Dismiss for Failure to State a Claim filed by PNC Bank, N.A.. Signed by Judge Mark Lane. (dm) |
| Motions No Longer Referred: #41 Motion to Dismiss for Failure to State a Claim , #42 MOTION to Dismiss Plaintiff's First Amended Complaint, #40 MOTION to Dismiss Plaintiff's First Amended Complaint (dm) |
| Filing 58 ADR Report Filed - by DAV Acquisition Corp., DAV Sub, Inc., Davincian Healthcare, Inc., Midcap Financial Services, LLC, Midcap Financial Trust, PNC Bank, N.A.(Taylor, Christopher) |
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Filing 57
ORDER GRANTING #55 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm)
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| Filing 56 NOTICE of Attorney Appearance by Christopher H. Taylor on behalf of PNC Bank, N.A. (Taylor, Christopher) |
| Filing 55 MOTION to Withdraw as Attorney an Attorney of Record by PNC Bank, N.A.. (Attachments: #1 Proposed Order)(Fernandes, Edward) |
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Filing 54
SCHEDULING ORDER: Final Pretrial Conference set for 9/24/2020 at 11:00 AM and Bench Trial in the month of October 2020 before Judge Lee Yeakel, ADR Report Deadline due by 10/21/2019, Amended Pleadings due by 11/4/2019, Discovery due by 3/6/2020, Joinder of Parties due by 11/4/2019, Motions due by 4/6/2020,. Signed by Judge Lee Yeakel. (dm)
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| Filing 53 Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 9/16/2019 (Minute entry documents are not available electronically.). (Court Reporter Arlind Rodriguez.)(dm) |
| Filing 52 REPLY to Response to Motion, filed by Midcap Financial Services, LLC, Midcap Financial Trust, re #42 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Midcap Financial Trust, Defendant Midcap Financial Services, LLC (Attachments: #1 Affidavit of Shannon H. Ratliff, #2 Exhibit 1)(Ratliff, Shannon) |
| Filing 51 REPLY to Response to Motion, filed by DAV Acquisition Corp., DAV Sub, Inc., re #40 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant DAV Sub, Inc., Defendant DAV Acquisition Corp. (Attachments: #1 Exhibit A)(Weiss, Jesse) |
| Filing 50 REPLY to Response to Motion, filed by PNC Bank, N.A., re #41 Motion to Dismiss for Failure to State a Claim filed by Defendant PNC Bank, N.A. (Fernandes, Edward) |
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Text Order GRANTING as unopposed #44 Motion for Leave to File Sealed Document entered by Judge Mark Lane. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ah)
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Filing 49
ORDER REFERRING MOTION: #42 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Midcap Financial Trust, Midcap Financial Services, LLC, #40 MOTION to Dismiss Plaintiff's First Amended Complaint filed by DAV Sub, Inc., DAV Acquisition Corp., #41 Motion to Dismiss for Failure to State a Claim filed by PNC Bank, N.A., #44 Motion for leave to File Sealed Document filed by LMN Consulting, Inc.. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Mark Lane. (dm)
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| Filing 48 Response in Opposition to Motion, filed by LMN Consulting, Inc., re #41 Motion to Dismiss for Failure to State a Claim filed by Defendant PNC Bank, N.A. (Ranis, Ethan) |
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Filing 47
ORDER GRANTING #46 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (dm)
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| Filing 46 Unopposed MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Plaintiff's First Amended Complaint, #40 MOTION to Dismiss Plaintiff's First Amended Complaint by DAV Acquisition Corp., DAV Sub, Inc., Midcap Financial Services, LLC, Midcap Financial Trust. (Attachments: #1 Proposed Order)(Weiss, Jesse) |
| Filing 45 RESPONSE to Motion, filed by LMN Consulting, Inc., re #42 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Midcap Financial Trust, Defendant Midcap Financial Services, LLC, #40 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant DAV Sub, Inc., Defendant DAV Acquisition Corp. (Attachments: #1 Exhibit A - Affidavit of Ethan J. Ranis, #2 Exhibit A-1 - Discovery Responses, #3 Exhibit A-2 - Meet and Confer Letter, #4 Exhibit A-3 - Emails, #5 Exhibit A-4 - General Ledger (filed under seal), #6 Exhibit A-5 - Emails (filed under seal), #7 Exhibit A-6 - Emails (filed under seal))(Ranis, Ethan) (Additional attachment(s) added on 6/17/2019: #8 Exhibit A-4, #9 Exhibit A-5, #10 Exhibit A-6) (dm). |
| Filing 44 Motion for leave to File Sealed Document (Attachments: #1 Exhibit A-4 - General Ledger, #2 Exhibit A-5 - Emails - PNC0111-0114, #3 Exhibit A-6 - Emails - PNC0123-0126, #4 Proposed Order) (Ranis, Ethan) |
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Filing 43
ORDER, ( Initial Pretrial Conference set for 9/16/2019 at 09:30 AM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (dm)
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| Filing 42 MOTION to Dismiss Plaintiff's First Amended Complaint by Midcap Financial Services, LLC, Midcap Financial Trust. (Attachments: #1 Proposed Order)(Ratliff, Shannon) |
| Filing 41 Motion to Dismiss for Failure to State a Claim by PNC Bank, N.A.. (Fernandes, Edward) |
| Filing 40 MOTION to Dismiss Plaintiff's First Amended Complaint by DAV Acquisition Corp., DAV Sub, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order Granting DAV Defendants' Motion to Dismiss Plaintiff's 1st Am Complaint)(Weiss, Jesse) |
| Filing 39 Proposed Scheduling Order by LMN Consulting, Inc.. (Ranis, Ethan) |
| Filing 38 AMENDED COMPLAINT against All Defendants amending, filed by LMN Consulting, Inc..(Ranis, Ethan) |
| Filing 37 Summons Issued as to Davincian Healthcare, Inc., Mike Love, Midcap Financial Services, LLC, Midcap Financial Trust, PNC Bank, N.A.. (dm) |
| Filing 36 REQUEST FOR ISSUANCE OF SUMMONS by LMN Consulting, Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(White, Raymond) |
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Filing 35
ORDER DISMISSING #6 Motion to Dismiss ; DISMISSING #10 Motion for Extension of Time to Amend ; DISMISSING #10 Motion for Extension of Time to File; DISMISSING #21 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (dm)
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Filing 34
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #31 Report and Recommendations. IT IS FURTHER ORDERED that LMN Consulting, Inc.'s Plaintiff's Amended Motion to Remand filed August 2, 2017 (Clerk's Document No. 9) is DENIED. Signed by Judge Lee Yeakel. (dm)
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| Set Deadlines: Amended Complaint due by 5/13/2019, Proposed Scheduling Order due by 5/17/2019. (dm) |
| Filing 33 RESPONSE to #32 Objection to Report and Recommendations by DAV Acquisition Corp., DAV Sub, Inc.. (Weiss, Jesse) |
| Filing 32 OBJECTION to #31 Report and Recommendations on Motion to Remand by LMN Consulting, Inc... (Ranis, Ethan) |
| Filing 31 REPORT AND RECOMMENDATIONS re #9 Motion to Remand to State Court filed by LMN Consulting, Inc. Signed by Judge Mark Lane. (td) |
| Motions No Longer Referred: #9 Amended MOTION to Remand to State Court (td) |
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Filing 30
ORDER REFERRING MOTION: #9 Amended MOTION to Remand to State Court filed by LMN Consulting, Inc.. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Mark Lane. (dm)
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Filing 29
ORDER GRANTING #25 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (dm)
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Filing 28
ORDER GRANTING #20 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (dm)
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| Filing 27 RESPONSE in Support, filed by LMN Consulting, Inc., re #21 Motion for leave to File Sealed Document filed by Plaintiff LMN Consulting, Inc. (Ranis, Ethan) |
| Filing 26 Amended Response in Opposition to Motion, filed by DAV Acquisition Corp., DAV Sub, Inc., re #21 Motion for leave to File Sealed Document filed by Plaintiff LMN Consulting, Inc. Amended Response (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order Denying Plaintiff's Motion for Leave to Amend)(Weiss, Jesse) Modified on 1/30/2019 (dm). (Additional attachment(s) added on 1/31/2019: #4 Sealed Exhibit 1, #5 Sealed Exhibit 2, #6 Sealed Exhibit 3, #7 Sealed Exhibit 4) (dm). |
| Filing 25 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Ex. 1-Credit and Security Agreement, #2 Sealed Document Ex. 2-Amendment #1 to Credit & Security Agreement, #3 Sealed Document Ex. 3-Amendment #2 to Credit & Security Agreement, #4 Exhibit Ex. 4-Agreed Protective Order, #5 Proposed Order Granting Motion for Leave to File Under Seal) (Weiss, Jesse) |
| Filing 24 ***AMENDED FILED (see #26) - Response in Opposition to Motion, filed by DAV Acquisition Corp., DAV Sub, Inc., re #21 Motion for leave to File Sealed Document filed by Plaintiff LMN Consulting, Inc. (Attachments: #1 Exhibit 1 to Opposition to Plaintiff's Motion for Leave to Amend, #2 Proposed Order Denying Plaintiff's Motion for Leave to Amend)(Weiss, Jesse) Modified on 1/30/2019 (dm). |
| Filing 23 RESPONSE in Support, filed by DAV Acquisition Corp., DAV Sub, Inc., re #6 MOTION to Dismiss filed by Defendant DAV Sub, Inc., Defendant DAV Acquisition Corp. of Motion to Dismiss Plaintiff's Original Petition (Weiss, Jesse) |
| Filing 22 RESPONSE to Motion, filed by LMN Consulting, Inc., re #6 MOTION to Dismiss filed by Defendant DAV Sub, Inc., Defendant DAV Acquisition Corp. (Ranis, Ethan) |
| Filing 21 Motion for leave to File Sealed Document (Attachments: #1 Sealed Document A - First Amended Complaint Subject to Motion to Remand, #2 Exhibit B - Agreed Protective Order, #3 Proposed Order) (White, Raymond) |
| Filing 20 Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Exhibit B to Doc 19, #2 Proposed Order) (White, Raymond) |
| Filing 19 SUPPLEMENT to #9 Amended MOTION to Remand to State Court , and Reply to #13 Response in Opposition to Motion, for Remand by LMN Consulting, Inc.. (White, Raymond) Modified on 1/22/2019 to correct text (dm). (Additional attachment(s) added on 1/31/2019: #1 Sealed Exhibit B) (dm). |
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Filing 18
ORDER DENYING #17 Motion for Leave to File Sealed Document. Signed by Judge Lee Yeakel. (td)
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| Filing 17 Motion for leave to File Sealed Document (Attachments: #1 Sealed Document P's Supp to Motion for Remand and Reply to Response in Opposition, #2 Proposed Order) (White, Raymond) |
| Filing 16 Response in Opposition to Motion, filed by DAV Acquisition Corp., DAV Sub, Inc., re #10 Opposed MOTION for Extension of Time to Amend Complaint Pursuant to Rule 15(a)(1)Opposed MOTION for Extension of Time to File Response to DAV-Acquisition Corp and DAV Sub Inc's Motion to Dismiss filed by Plaintiff LMN Consulting, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Denying Plaintiff's Motion for Extension)(Weiss, Jesse) |
| Filing 15 NOTICE State Court Return of Service - DAV Sub, Inc. by LMN Consulting, Inc. (Ranis, Ethan) |
| Filing 14 NOTICE State Court return of service DaVincian Healthcare by LMN Consulting, Inc. (Ranis, Ethan) |
| Filing 13 Response in Opposition to Motion, filed by DAV Acquisition Corp., DAV Sub, Inc., re #9 Amended MOTION to Remand to State Court filed by Plaintiff LMN Consulting, Inc. to Plaintiff's Amended Motion for Remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order Denying Plaintiff's Amended Motion for Remand)(Weiss, Jesse) |
| Filing 12 SUPPLEMENT to #1 Notice of Removal by DAV Acquisition Corp.. (Attachments: #1 Exhibit A to Acquisition's Supplement to Notice of Removal, #2 Exhibit 1 to Ex. A-DaVincian's Ntc of Consent to Removal, #3 Exhibit 2 to Ex. A-DaVincian's Ntc of Consent to Removal, #4 Exhibit 3 to Ex. A-DaVincian's Ntc of Consent to Removal)(Weiss, Jesse) |
| Filing 11 NOTICE of Consent to Removal by PNC Bank, N.A. (Taylor, Christopher) |
| Filing 10 Opposed MOTION for Extension of Time to Amend Complaint Pursuant to Rule 15(a)(1), Opposed MOTION for Extension of Time to File Response to DAV-Acquisition Corp and DAV Sub Inc's Motion to Dismiss by LMN Consulting, Inc.. (Attachments: #1 Proposed Order)(Ranis, Ethan) |
| Filing 9 Amended MOTION to Remand to State Court by LMN Consulting, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Proposed Order)(White, Raymond) |
| Filing 8 MOTION to Remand to State Court by LMN Consulting, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Proposed Order Proposed Order)(White, Raymond) |
| Filing 7 RULE 7 DISCLOSURE STATEMENT filed by DAV Sub, Inc.. (Weiss, Jesse) |
| Filing 6 MOTION to Dismiss by DAV Acquisition Corp., DAV Sub, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Dismiss)(Weiss, Jesse) |
| Filing 5 SUPPLEMENT to #1 Notice of Removal by DAV Acquisition Corp.. (Weiss, Jesse) |
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Filing 4
ORDER that the removing party supplement the record with state court pleadings. Signed by Judge Lee Yeakel. (afd)
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| Filing 3 RULE 7 DISCLOSURE STATEMENT filed by DAV Acquisition Corp.. (Weiss, Jesse) |
| Filing 2 SUPPLEMENT to #1 Notice of Removal Supplement to JS44 Civil Cover sheet by DAV Acquisition Corp.. (Weiss, Jesse) |
| Filing 1 NOTICE OF REMOVAL by DAV Acquisition Corp (Filing fee $400 receipt number 0542-11556928), filed by DAV Acquisition Corp. (Attachments: #1 Civil Cover Sheet)(Weiss, Jesse) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd) |
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