Immune Therapeutics, Inc. v. Handley
| Immune Therapeutics, Inc. |
| Michael K. Handley |
| 3:2022cv00412 |
| June 1, 2022 |
| US District Court for the Eastern District of Virginia |
| Robert E Payne |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
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Filing 67
ORDERED that: 1) The hearing scheduled for January 31, 2023, at 1:30 PM is canceled; and 2) Plaintiff's MOTION FOR LEAVE TO WITHDRAW (ECF No. #52 ) is denied as moot; and 3) Plaintiff's MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE (ECF No. #57 ) is denied as moot. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/31/2023. (sbea)
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Filing 66
STIPULATION of Dismissal (Amended) by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Filing 65
DISREGARD - See ECF No. #66 TIPULATION of Dismissal by Immune Therapeutics, Inc.(Stout, Kenneth). Modified on 1/31/2023. (sbea)
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Set Hearing: Motion to Dismiss Hearing set for 1/31/2023 at 01:30 PM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)
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Filing 64
Reply to Motion re #57 MOTION to Voluntarily Dismiss Action Without Prejudice filed by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Filing 63
ORDERED that 1) Plaintiff shall file a reply brief to DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE (ECF No. #59 ) by January 17, 2023, because the MEMORANDUM IN RESPONSE TO ORDER (ECF No. #62 ) does not address the legal arguments raised by the Defendant in his response; and 2) A hearing on the Motion will be held on January 31, 2023, at 1:30 PM. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/4/2023. (sbea)
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Filing 62
Memorandum in Response to #61 Order filed by Immune Therapeutics, Inc. (Stout, Kenneth). Modified on 12/15/2022. (sbea)
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Filing 61
ORDERED that Plaintiff's MOTION FOR LEAVE TO FILE REPLY BRIEF AND MEMORANDUM IN SUPPORT (ECF No. #60 ) is granted in part and denied in part. If the Plaintiff wishes to raise an objection under Federal Rule of Evidence 408, it must do so by filing a brief (with authorities) so that the issue can be addressed by both sides. Otherwise, the Court will consider the objection waived and will consider the documents in the decisional process. That brief shall be filed by December 23, 2022. The response and reply briefs shall be filed by January 6, 2023 and January 12, 2023, respectively. To the extent that the Motion (ECF No. #60 ) addresses the absence of cited authority in the response brief (the second paragraph of ECF No. #60 ), it is granted. See Order for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 12/14/2022. (sbea)
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Filing 60
MOTION for Leave to File Reply, with Memorandum in Support by Immune Therapeutics, Inc.. (Attachments: #1 Exhibit Proposed Reply, #2 Proposed Order)(Stout, Kenneth)
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Filing 59
RESPONSE in Opposition re #57 MOTION to Voluntarily Dismiss Action Without Prejudice filed by Michael K. Handley. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Boyd, John)
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Filing 58
Memorandum in Support re #57 MOTION to Voluntarily Dismiss Action Without Prejudice filed by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Filing 57
MOTION to Voluntarily Dismiss Action Without Prejudice by Immune Therapeutics, Inc.. (Attachments: #1 Proposed Order)(Stout, Kenneth)
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Filing 56
ORDERED that: 1) By 5:00 PM on December 7, 2022, Plaintiffs shall file either a Joint Stipulation of Dismissal or, in the event that an agreement with Defendant is not reached, a Motion to Dismiss Pursuant to Rule 4l(a)(2); and 2) If the Motion to Dismiss is filed, Defendant shall file a response by December 9, 2022. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 12/6/2022. (sbea)
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Filing 55
RESPONSE to Motion re #52 MOTION to Withdraw as Attorney for Plaintiff filed by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Filing 54
ORDER that this matter is before the Court on the MOTION FOR LEAVE TO WITHDRAW (ECF No. #52 ) and supporting memorandum (ECF No. #53 ) filed by counsel for the plaintiff, Immune Therapeutics, Inc. It is hereby ORDERED that, by December 5, 2022, the plaintiff shall file a Statement of Position- either agreeing with the proposed withdrawal or opposing it and, if there is opposition, stating the reasons for the opposition. If there is opposition, counsel for the plaintiff shall a response thereto by December 12, 2022, and the plaintiff may file a reply by December 16, 2022. It is further ORDERED that, if there is no opposition to the Motion to Withdraw, plaintiff shall retain replacement counsel who shall note an appearance herein not later than December 30, 2022. Thereafter, the Court shall issue such orders as appropriate. Plaintiff is advised that if there is no opposition to the Motion to Withdraw, and if the plaintiff intends to retain replacement counsel, failure to do so by the specified date (December 30, 2022) will likely result in dismissal of the case. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 11/22/2022. (sbea)
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Filing 53
Memorandum in Support re #52 MOTION to Withdraw as Attorney for Plaintiff filed by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Filing 52
MOTION to Withdraw as Attorney for Plaintiff by Immune Therapeutics, Inc.. (Attachments: #1 Proposed Order)(Stout, Kenneth)
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Filing 50
ORDER that the Initial Pretrial Conference scheduled for 11:00 a.m. November 16, 2022 is continued to 1:30 p.m. November 22, 2022. Signed by District Judge Robert E. Payne on 11/14/2022. (adun, )
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Reset Hearing: Initial Pretrial Conference set for 11/22/2022 at 01:30 PM in Richmond Judges Chamber before District Judge Robert E. Payne. (nbrow)
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Filing 49
SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/04/2022. (Attachment: #1 Schedule A) (nbrow)
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Filing 48
ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 11/16/2022 at 11:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/04/2022. (nbrow)
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Filing 47
ORDER - It is hereby ORDERED that DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT (EOF No. 18) is granted in part and denied in part. The Motion is granted with respect to COUNT I, COUNT IV, and the 20(a) portion of COUNT II, and those Counts are dismissed with prejudice. The Motion is denied with respect to the 10(b) portion of COUNT II, COUNT III, and COUNT V. SEE ORDER FOR DETAILS. Signed by District Judge Robert E. Payne on 11/4/2022. (smej, )
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Filing 46
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/4/2022. (smej, )
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Filing 45
Response to #42 Reply - Plaintiff's Response to Defendant's Supplemental Brief filed by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Filing 44
Response Defendant's Response to Plaintiff's Memorandum of Law Regarding the Intracorporate Immunity Doctrine as Applied to Count IV filed by Michael K. Handley. (Boyd, John)
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Filing 43
Memorandum (Supplemental) to #41 Order, filed by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Filing 42
Response Defendant's Supp. Brief Regarding the Intracorporate Immunity Doctrine filed by Michael K. Handley (Boyd, John) re: #41 Order. Modified on 10/11/2022. (sbea)
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Filing 41
ORDER that: 1) The Parties shall simultaneously submit a briefing on the above question by October 7, 2022; and 2) The Parties shall simultaneously provide a response by October 12, 2022. It is so ORDERED. Signed by Senior United States District Judge Henry E. Hudson on 9/29/2022. (sbea)
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Filing 40
ORDER that PLAINTIFF'S MOTION TO SEAL EXHIBIT TO OPPOSITION TO DEFENDANT'S MOTION TO DISMISS FOR IMPROPER VENUE PURSUANT TO FED. R. CIV. P. 12(B) (3) OR TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(A) AND/OR 28 U.S.C. 1406(A) (ECF No. #28 ) is granted and the exhibit (ECF No. #30 ) is filed under seal; provided that appropriately redacted versions thereof are filed in the publicrecord. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 9/28/2022. (sbea)
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Filing 39
ORDER that that the DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR LACK OF PERSONAL JURISDICTION PURSUANT TO FED R. CIV.P.12 (b)(2) (ECF No. #11 ) is DENIED because: 1) the premise of the jurisdictional motion is that Count II(which is based on 15 U.S.C. 78a et seq.) fails to state a claim on which relief can be granted which is an inappropriate premise for a motion asserting the absence of in personam jurisdiction; and 2) the Court has personal jurisdiction over Defendant through 27 of the Securities Exchange Act of 1934, codified at 15 U.S.C. 78aa(a), because Defendant has sufficient contacts with the United States so that personal jurisdiction complies with the Due Process Clause of the Fifth Amendment. It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court andoral argument would not aid the decisional process. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 9/27/2022. (sbea)
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Filing 38
ORDER that the DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR IMPROPER VENUE PURSUANT TO FED R. CIV. P. 12(b) (3) OR TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) AND/OR 28 U.S.C. 1406(a) (ECF Nos. #13 and #15 ) is DENIED because: 1) venue is proper in the Eastern District of Virginia Richmond Division under 27 of the Securities Exchange Act of 1934, codified at 15 U.S.C. 78aa(a), because, viewing the facts in the light most favorable to the Plaintiff, Aggarao v. MOL Ship Mgmt. Co., Ltd., 675 F.3d 355, 365-66 (4th Cir. 2012), Defendant repeated material misrepresentations to investors in the judicial district where the Court sits that constitute the securities act violation. It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 9/27/2022. (sbea)
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Filing 37
Request for Hearing by Michael K. Handley re #18 MOTION to Dismiss for Failure to State a Claim , #11 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Improper Venue, #15 MOTION to Transfer Case Venue pursuant to 28 USC 1404 (a) and/or 28 USC 1406(a) (Boyd, John)
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Filing 36
Reply to #18 MOTION to Dismiss for Failure to State a Claim , #19 Memorandum in Support, Reply in Support of Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Michael K. Handley. (Boyd, John)
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Filing 35
Reply to #16 Memorandum in Support, #15 MOTION to Transfer Case Venue pursuant to 28 USC 1404 (a) and/or 28 USC 1406(a) Reply in Support of Defendant's Motion to Transfer Venue Pursuant to 28 USC 1404(a) and/or 28 USC 1406(a) filed by Michael K. Handley. (Boyd, John)
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Filing 34
Reply to #14 Memorandum in Support, #13 MOTION to Dismiss for Improper Venue Reply in Support of Defendant's Motion to Dismiss Plaintiff's Complaint for Improper Venue Pursuant to Fed R. Civ. P. 12(b)(3) filed by Michael K. Handley. (Boyd, John)
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Filing 33
Reply to #12 Memorandum in Support, #11 MOTION to Dismiss for Lack of Jurisdiction Reply in Support of Defendant's Motion to Dismiss Complaint for Lack of Personal Jurisdiction filed by Michael K. Handley. (Boyd, John)
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Notice of Correction re: #30 Sealed Attachment/Exhibit(s), #26 Opposition, #29 Notice of Filing Sealing Motion LCvR5(C), #27 Opposition, #31 Memorandum in Support, #32 Opposition, #28 MOTION to Seal Exhibit; the signature does not match the filing user's login for these documents. Please contact the Clerk's Office so that documents can be replaced rather than re-filing. (sbea)
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Filing 32
Opposition to #18 MOTION to Dismiss for Failure to State a Claim filed by Immune Therapeutics, Inc. (Stout, Kenneth). Clerk replaced document on 8/29/2022. Modified on 8/29/2022. (sbea)
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Filing 31
Memorandum in Support re: #28 MOTION to Seal Exhibit filed by Immune Therapeutics, Inc. (Stout, Kenneth). Clerk replaced document on 8/29/2022. Modified on 8/29/2022. (sbea)
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Filing 30
Sealed Attachment/Exhibit(s) re #28 MOTION to Seal Exhibit. (Stout, Kenneth)
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Filing 29
Notice of Filing Sealing Motion LCvR5(C) by Immune Therapeutics, Inc. re: #28 MOTION to Seal Exhibit (Stout, Kenneth). Clerk replaced document on 8/29/2022. Modified on 8/29/2022. (sbea)
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Filing 28
MOTION to Seal Exhibit by Immune Therapeutics, Inc. (Attachment: #1 Proposed Order)(Stout, Kenneth). Clerk replaced on 8/29/2022. Modified on 8/29/2022. (sbea)
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Filing 27
Opposition to #13 MOTION to Dismiss for Improper Venue, #15 MOTION to Transfer Case Venue pursuant to 28 USC 1404 (a) and/or 28 USC 1406(a) filed by Immune Therapeutics, Inc. (Attachments: #1 Exhibit Decl. of N. Griffin - Redacted)(Stout, Kenneth). Clerk replaced document on 8/29/2022. Modified on 8/29/2022. (sbea)
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Filing 26
Opposition to #11 MOTION to Dismiss for Lack of Jurisdiction filed by Immune Therapeutics, Inc. (Stout, Kenneth). Clerk replaced document on 8/29/2022. Modified on 8/29/2022. (sbea)
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Filing 25
NOTICE of Appearance by Joseph M. Rainsbury on behalf of Immune Therapeutics, Inc. (Rainsbury, Joseph)
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Filing 24
ORDER that #23 CONSENT MOTION TO EXTEND DEADLINES UNDER LOCAL RULES 7(E) AND (F) is granted. See Order for details and deadlines. Signed by District Judge Robert E. Payne on 8/18/2022. (jsmi, )
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Filing 23
Consent MOTION for Extension of Deadlines Under Local Rules 7(E) and (F) by Michael K. Handley. (Attachments: #1 Proposed Order)(Boyd, John)
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Filing 22
ORDER that the #21 CONSENT MOTION FOR EXTENSION OF TIME FOR IMMUNE THERAPEUTICS, INC. TO FILE BRIEFS IN OPPOSITION is granted. It is further ORDERED that the plaintiff shall file, by August 26, 2022, its responses to the following motions: 1) DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR LACK OF PERSONAL JURISDICTION PURSUANT TO FED. R. CIV. P. 12(b) (2)(ECF No. #11 ); and 2) DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR IMPROPER VENUE PURSUANT TO FED. R. CIV. P. 12(b) (3) OR TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) AND/OR 28 U.S.C. 1406(a) (ECF Nos. #13 and #15 ); and 3) DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT (ECF No. #18 ). It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 7/26/2022. (sbea)
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Filing 21
Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim , #11 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Improper Venue, #15 MOTION to Transfer Case Venue pursuant to 28 USC 1404 (a) and/or 28 USC 1406(a) by Immune Therapeutics, Inc.. (Attachments: #1 Proposed Order)(Stout, Kenneth)
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Filing 20
ANSWER to Complaint and Affirmative Defenses by Michael K. Handley.(Boyd, John)
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Filing 19
Memorandum in Support re #18 MOTION to Dismiss for Failure to State a Claim filed by Michael K. Handley. (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)(Boyd, John)
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Filing 18
MOTION to Dismiss for Failure to State a Claim by Michael K. Handley. (Attachments: #1 Proposed Order)(Boyd, John)
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Filing 17
CERTIFICATE OF SERVICE by Michael K. Handley re #14 Memorandum in Support, #16 Memorandum in Support, #12 Memorandum in Support, #11 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Improper Venue, #15 MOTION to Transfer Case Venue pursuant to 28 USC 1404 (a) and/or 28 USC 1406(a) (Boyd, John)
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Filing 16
Memorandum in Support re #15 MOTION to Transfer Case Venue pursuant to 28 USC 1404 (a) and/or 28 USC 1406(a) filed by Michael K. Handley. (Attachments: #1 Exhibit Declaration)(Boyd, John)
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Filing 15
MOTION to Transfer Case Venue pursuant to 28 USC 1404 (a) and/or 28 USC 1406(a) by Michael K. Handley. (Attachments: #1 Proposed Order)(Boyd, John)
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Filing 14
Memorandum in Support re #13 MOTION to Dismiss for Improper Venue filed by Michael K. Handley. (Attachments: #1 Exhibit Declaration)(Boyd, John)
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Filing 13
MOTION to Dismiss for Improper Venue by Michael K. Handley. (Attachments: #1 Proposed Order)(Boyd, John)
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Filing 12
Memorandum in Support re #11 MOTION to Dismiss for Lack of Jurisdiction filed by Michael K. Handley. (Attachments: #1 Exhibit Declaration)(Boyd, John)
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction by Michael K. Handley. (Attachments: #1 Proposed Order)(Boyd, John)
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Filing 10
ORDER granting #8 Motion for John Powell to appear as Pro Hac Vice for Michael K. Handley. Signed by Senior United States District Judge Robert E. Payne on 7/22/2022. (sbea)
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Filing 9
ORDER granting #7 Motion for Joseph Eric Samuel to appear as Pro Hac Vice for Michael K. Handley. Signed by Senior United States District Judge Robert E. Payne on 7/22/2022. (sbea)
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Filing 8
Motion to appear Pro Hac Vice by John Powell and Certification of Local Counsel J.P. McGuire Boyd, Jr. Filing fee $ 75, receipt number AVAEDC-8484564. by Michael K. Handley. (Boyd, John)
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Filing 7
Motion to appear Pro Hac Vice by Joseph Eric Samuel, Jr. and Certification of Local Counsel J.P. McGuire Boyd, Jr. Filing fee $ 75, receipt number AVAEDC-8483711. by Michael K. Handley. (Boyd, John)
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Filing 6
Summons Returned Executed served on Michael K. Hundley c/o Mrs. Hundley on 06/17/2022, filed by Immune Therapeutics, Inc. (Wolf, Thomas). Modified on 7/12/2022. (sbea)
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Notice of Correction re: #6 Affidavit of Service; Clerk corrected the docket text to reflect the correct filing event. However, since an Order was granted for an Extension to respond to the complaint, the due date generated by this event is moot. (sbea)
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Filing 5
ORDER that the Motion (ECF No. #4 ) is granted with modification. It is further ORDERED that the defendant, Michael K. Handley, shall file its Answer and any other motions with respect to the Complaint by July 22, 2022. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 7/6/2022. (sbea)
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Filing 4
Consent MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Michael K. Handley. (Attachments: #1 Proposed Order)(Boyd, John)
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Filing 3
Summons Issued as to Immune Therapeutics, Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for the Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (sbea)
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Filing 2
Proposed Summons by Immune Therapeutics, Inc.. (Stout, Kenneth)
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Initial Case Assignment to District Judge Robert E. Payne. (sbea)
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Filing 1
Complaint (Filing Fee: $402, Receipt Number: AVAEDC-8414203), filed by Immune Therapeutics, Inc. (Attachment: #1 Civil Cover Sheet)(Wolf, Thomas). Modified on 6/2/2022. (sbea)
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