Medalogix, LLC v. Alacare Home Health Services,inc.
Court Docket Sheet

Northern District of Alabama

2:2015-cv-01869 (alnd)

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Description
1
04/22/2015
COMPLAINT against Alacare Home Health Services,Inc., filed by Medalogix, LLC. (Filing fee paid, $400, Summons issued). [Transferred from Tennessee Middle on 10/23/2015.]
1
Exhibit A-Service Agreement
2
Exhibit B-Addendum
3
Exhibit C-4.20.2015 letter
4
Attachment Civil Cover Sheet
5
Attachment Summons)(afs) (Attachment 4 replaced on 4/22/2015) (afs
5 Attachments
2
04/23/2015
NOTICE of Corporate Disclosure Statement filing requirement. (afs) [Transferred from Tennessee Middle on 10/23/2015.]
3
04/23/2015
NOTICE of Initial Case Management Conference set for 6/22/2015 at 10:30 AM in Courtroom 776 before Magistrate Judge John S. Bryant. (afs) [Transferred from Tennessee Middle on 10/23/2015.]
4
04/23/2015
RECEIPT #34675036014 in the amount of $400 re 1 Complaint. (afs) [Transferred from Tennessee Middle on 10/23/2015.]
04/23/2015
BAR STATUS for Attorneys, Gregory S. Reynolds, James N. Bowen and Steven Allen Riley of TN, verified as active on this date. (afs) [Transferred from Tennessee Middle on 10/23/2015.] (Text entry; no document attached.)
5
04/23/2015
CORPORATE DISCLOSURE STATEMENT filed by Medalogix, LLC. [Transferred from Tennessee Middle on 10/23/2015.]
6
04/30/2015
SUMMONS returned executed by Medalogix, LLC. Alacare Home Health Services, Inc. served on 4/24/2015. [Transferred from Tennessee Middle on 10/23/2015.]
7
05/13/2015
MOTION for Extension of Time to File Answer by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
1
Attachment Proposed Order Granting Extension
1 Attachment
8
05/13/2015
CORPORATE DISCLOSURE STATEMENT filed by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
9
05/13/2015
MOTION for attorney(s) J. Rushton McClees to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1982954) by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
1
Exhibit Certificate of Good Standing
2
Exhibit Proposed Order Granting Motion for Pro Hac Vice Admission
2 Attachments
10
05/14/2015
NOTICE of Appearance by Robert R. Baugh on behalf of Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
11
05/14/2015
NOTICE of Appearance by Jaime C. Erdberg on behalf of Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
05/14/2015
BAR STATUS for Attorney, J. Ruston McClees of AL, verified as active on this date. (afs) [Transferred from Tennessee Middle on 10/23/2015.] (Text entry; no document attached.)
05/15/2015
BAR STATUS for Attorneys, Robert R. Baugh and Jaime C. Erdberg of AL, verified as active on this date. (afs) [Transferred from Tennessee Middle on 10/23/2015.] (Text entry; no document attached.)
05/15/2015
NOTICE TO COUNSEL, Robert R. Baugh and Jaime C. Erdberg of AL : WITHIN 20 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)) http://www.tnmd.uscourts.gov/files/PHVMotForm.pdf. (afs) [Transferred from Tennessee Middle on 10/23/2015.] (Text entry; no document attached.)
12
05/18/2015
ORDER: Defendant has moved to extend its time to answer or otherwise respond to the Complaint in the above-styled action until May 29, 2015, and Plaintiff has consented to and does not oppose such an extension. Therefore, it is hereby ORDERED that Defendant's time to answer or otherwise respond to the Complaint is extended to May 29, 2015. Signed by Magistrate Judge John S. Bryant on 5/18/15. (afs) [Transferred from Tennessee Middle on 10/23/2015.]
13
05/18/2015
ORDER granting 9 Motion for J. Rushton McClees to Appear Pro Hac Vice. Signed by Magistrate Judge John S. Bryant on 5/18/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 10/23/2015.]
14
05/28/2015
MOTION for attorney(s) Russell Carter Gache to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1991125) by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
1
Exhibit Certificate of Good Standing
2
Exhibit Proposed Order
2 Attachments
05/29/2015
BAR STATUS for Attorney, Russell Carter Gache of AL, verified as active on this date. (afs) [Transferred from Tennessee Middle on 10/23/2015.] (Text entry; no document attached.)
15
05/29/2015
ORDER granting 14 Motion for Russell C. Gache to Appear Pro Hac Vice. Signed by Magistrate Judge John S. Bryant on 5/29/15. (afs) [Transferred from Tennessee Middle on 10/23/2015.]
16
05/29/2015
ANSWER to 1 Complaint, and, COUNTERCLAIM against Medalogix, LLC by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
1
Exhibit Copyright Registration
2
Exhibit Services Agreement
3
Exhibit Business Associates Agreement
4
Exhibit Addendum to Service Agreement
5
Exhibit Notice of Termination
5 Attachments
17
05/29/2015
MOTION to Change Venue by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
06/01/2015
BAR STATUS for Attorney, Eugene Bulso, of TN, verified as active on this date. (afs) [Transferred from Tennessee Middle on 10/23/2015.] (Text entry; no document attached.)
18
06/10/2015
RESPONSE in Opposition re 17 MOTION to Change Venue filed by Medalogix, LLC. [Transferred from Tennessee Middle on 10/23/2015.]
19
06/11/2015
MOTION to Continue Initial Case Management Conference by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
20
06/15/2015
ORDER granting 19 Motion to Continue. Signed by Magistrate Judge John S. Bryant on 6/15/15. (afs) [Transferred from Tennessee Middle on 10/23/2015.]
21
06/15/2015
REPLY to Response to Motion re 17 MOTION to Change Venue filed by Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
22
06/19/2015
RESPONSE filed by Medalogix, LLC re 16 Answer to Complaint, Counterclaim, filed by Alacare Home Health Services, Inc. Plaintiff Medalogix, LLC's Answer to Counterclaim of Defendant Alacare Home Health Services, Inc. [Transferred from Tennessee Middle on 10/23/2015.]
23
06/30/2015
PROPOSED CASE MANAGEMENT ORDER filed by Alacare Home Health Services, Inc., Medalogix, LLC. [Transferred from Tennessee Middle on 10/23/2015.]
07/02/2015
Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Initial Case Management Conference held on 7/2/2015. (Tape #2015-14 JSB) (tm) [Transferred from Tennessee Middle on 10/23/2015.] (Text entry; no document attached.)
24
07/14/2015
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 11/30/2015. Discovery due by 1/29/2016. Dispositive Motions due by 5/16/2016. Replies due by 6/30/2016. Jury Trial set for 10/18/2016 at 9:00 AM before Chief Judge Kevin H. Sharp. Pretrial Conference set for 9/26/2016 01:30 PM before Chief Judge Kevin H. Sharp. Signed by Magistrate Judge John S. Bryant on 7/14/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 10/23/2015.]
25
10/13/2015
Proposed Pretrial Order Joint Proposed Protective Order by Alacare Home Health Services, Inc., Medalogix, LLC. [Transferred from Tennessee Middle on 10/23/2015.]
26
10/15/2015
PROTECTIVE ORDER. Signed by Magistrate Judge John S. Bryant on 10/15/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 10/23/2015.]
27
10/20/2015
MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 10/20/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) [Transferred from Tennessee Middle on 10/23/2015.]
28
10/20/2015
ORDER: For the reasons set forth in the accompanying Memorandum, Defendant/Counter-Plaintiff Alacare Home Health Services, Inc.'s Motion to Transfer Venue (Docket No. 17) is hereby GRANTED. The Clerk of the Court shall transfer this case to the United States District Court for the Northern District of Alabama. It is SO ORDERED. Signed by Chief Judge Kevin H. Sharp on 10/20/15. (afs) [Transferred from Tennessee Middle on 10/23/2015.]
29
10/23/2015
Case transferred in from District of Tennessee Middle; Case Number 3:15-cv-00472. Original file certified copy of transfer order and docket sheet received.
30
10/30/2015
ORDER All attorneys appearing in this case before its transfer to this court who are not admitted to practice in this court and who wish to continue their representation shall file a petition for admission pro hac vice within 14 days. Unless one or more of the parties request an amendment to the scheduling order (initial case management order) entered on July 14, 2015, within 14 days, the order shall be automatically confirmed. Signed by Judge William M Acker, Jr on 10/30/15. (SAC)
31
11/05/2015
MOTION to Amend/Correct Scheduling Order by Alacare Home Health Services Inc.
32
11/11/2015
NOTICE of Appearance by Richard E Smith on behalf of Medalogix, LLC
33
11/12/2015
ORDER re 31 Motion to Amend the Scheduling Order- If plaintiff wishes to respond to the motion, it shall do so by November 20, 2015. Signed by Judge William M Acker, Jr on 11/12/15. (SAC)
34
11/12/2015
MOTION for Leave to Appear Pro Hac Vice Gregory S. Reynolds by Medalogix, LLC.
35
11/12/2015
**Certificate of Good Standing re 36 Motion for Leave to Appear ** MOTION for Leave to Appear Pro Hac Vice Jenna L. Harris by Medalogix, LLC. Modified on 11/13/2015.
36
11/12/2015
MOTION for Leave to Appear Pro Hac Vice Jenna L. Harris by Medalogix, LLC.
37
11/12/2015
MOTION for Leave to Appear Pro Hac Vice James N. Bowen by Medalogix, LLC.
11/12/2015
PHV Fee paid: $ 50, receipt number 1126-2511650. (Text entry; no document attached.)
11/12/2015
PHV Fee paid: $ 50, receipt number 1126-2511653. (Text entry; no document attached.)
11/12/2015
PHV Fee paid: $ 50, receipt number 1126-2511654. (Text entry; no document attached.)
38
11/13/2015
ORDER granting 34, 36 and 37 Motions for Leave to Appear Pro Hac Vice; see within for conditions. Signed by Judge William M Acker, Jr on 11/13/15. (SAC)
39
11/20/2015
RESPONSE to re 31 filed by Medalogix, LLC.
40
11/23/2015
ORDER granting 31 MOTION to Amend/Correct Scheduling Order filed by Alacare Home Health Services Inc. Deadlines are extended as set out in this order; Discovery due by 5/30/2016. Dispositive Motions due by 9/13/2016. Signed by Judge William M Acker, Jr on 11/23/2015.
41
12/17/2015
MOTION for Protective Order by Medalogix, LLC.
1
Exhibit 1 - Subpoenas
2
Exhibit 2 - 12/15/2015 Correspondence
2 Attachments
42
12/21/2015
RESPONSE in Opposition re 41 MOTION for Protective Order filed by Alacare Home Health Services Inc.
1
Exhibit A
2
Exhibit B
2 Attachments
43
12/23/2015
ORDER Plaintiff's motion for a protective order (Doc. 41) is set for oral argument at 10:30 AM, January 7, 2016, in chambers. Signed by Judge William M Acker, Jr on 12/23/15. (SAC)
44
01/06/2016
ORDER The court having been advised that the parties have resolved the dispute underlying plaintiff's motion for protective order (Doc. 41), the motion is MOOT and the hearing set for January 7, 2016, is CANCELED. Signed by Judge William M Acker, Jr on 1/6/16. (SAC)
45
03/29/2016
MOTION to Amend/Correct SCHEDULING ORDER by Alacare Home Health Services Inc.
46
04/01/2016
ORDER granting and ordering accordingly 45 Motion to Amend/Correct. Signed by Judge William M Acker, Jr on April 1, 2016.
47
06/03/2016
MOTION for Leave to File First Amended Counterclaim by Alacare Home Health Services Inc.
1
Exhibit 1 - Amended Counterclaim
1 Attachment
48
07/07/2016
Joint MOTION to Amend/Correct Scheduling Order by Alacare Home Health Services Inc.
49
07/08/2016
ORDER granting and ordering accordingly 48 Motion to Amend/Correct. Signed by Judge William M Acker, Jr on 07/08/2016.
07/13/2016
Reset Deadlines per 49/Text Order: Discovery due by 11/29/2016; Dispositive Motions due by 3/21/2017. (Text entry; no document attached.)
50
07/14/2016
ORDER granting and ordering accordingly 47 Motion for Leave to File. Signed by Judge William M Acker, Jr on 07/14/2016.
51
08/07/2016
REPLY to re 47, 50 Answer to Amended Counterclaim filed by Medalogix, LLC.
52
08/17/2016
Case Reassigned to Judge R David Proctor. Judge William M Acker, Jr no longer assigned to the case.
53
08/17/2016
Amended COUNTERCLAIM against Medalogix, LLC, filed by Alacare Home Health Services Inc.
1
Exhibit F
1 Attachment
54
08/29/2016
MOTION to Shorten Time by Alacare Home Health Services Inc.
1
Exhibit Request for Inspection
1 Attachment
55
08/30/2016
ORDER-re: Motion to Shorten Time 54. The parties SHALL brief the issues raised by the Motion in accordance with "Exhibit B," EXCEPT that due to the expedited nature of the requested relief, any responsive submission SHALL be filed by 9/2/2016, and any reply submission SHALL be filed by 9/7/2016. Any non-summary judgment motions filed after the entry of this order SHALL complywith the requirement set forth above and the provisions of Exhibit B without further order from the court. Signed by Judge R David Proctor on 8/30/2016.
56
08/31/2016
Opposition to 54 Motion to Shorten Time to Respond to Rule 34 Request for Inspection filed by Medalogix, LLC.
1
Exhibit Exhibit A- Collective documents
1 Attachment
57
09/07/2016
REPLY in Support of 54 Motion to Shorten Time filed by Alacare Home Health Services Inc.
58
09/12/2016
MOTION for Leave to File Second Amended Counterclaim by Alacare Home Health Services Inc.
1
Second Amended Counterclaim
2
Exhibit G - Non-Provisional Application
3
Exhibit H - Corrected Application Data Sheet
3 Attachments
59
09/13/2016
ORDER-The Motion to Shorten Time 54 is DENIED. However, to accommodate the parties, discovery deadlines are extended by forty-five (45) days. Signed by Judge R David Proctor on 9/12/2016.
60
09/13/2016
TEXT ORDER-This matter is before the court on Defendant's Motion for Leave to File Second Amended Counterclaim 58. The parties SHALL brief the issues raised by the Motion in accordance with "Exhibit B", attached to the courts August 30, 2016 order 55. Signed by Judge R David Proctor on 9/13/2016.
61
09/22/2016
MOTION for Extension of Time by Medalogix, LLC.
62
09/22/2016
TEXT ORDER-This matter is before the court on Medalogix's Motion for Extension of Time. 61 The Motion 61 is GRANTED. Medalogix SHALL respond to Alacares Motion for Leave to File Second Amended Counterclaim 58 on or before October 7, 2016. Signed by Judge R David Proctor on 9/22/2016.
63
10/07/2016
RESPONSE to 58 Motion for Leave to File Second Amended Counterclaim filed by Medalogix, LLC.
64
10/07/2016
MOTION to Compel by Alacare Home Health Services Inc.
1
Exhibit A - Alacare's Revised Second RFP
2
Exhibit B - MDX's Responses and Objections to Revised Second RFP
3
Exhibit C - Affidavit of David Umphress
4
Exhibit D - MDX's Response to Rule 34 Request for Inspection
4 Attachments
65
10/07/2016
TEXT ORDER- This matter is before the court on Defendant/Counter-Plaintiff Alacare Home Health Services, Inc.'s Motion for Leave to File Second Amended Counterclaim 58, which is unopposed. The Motion 58 is GRANTED. Defendant/Counter-Plaintiff Alacare Home Health Services, Inc. is DIRECTED to file its Second Amended Counterclaim with the Clerk of the Court. Signed by Judge R David Proctor on 10/7/2016.
66
10/07/2016
Second Amended COUNTERCLAIM against Medalogix, LLC, Dan Hogan, filed by Alacare Home Health Services Inc.
1
Exhibit G
2
Exhibit H
2 Attachments
67
10/11/2016
TEXT ORDER -This matter is before the court on Defendant/Counter-Claimant Alacare Home Health Services, Inc.'s Motion to Compel 64. The parties are reminded to brief the issues raised in the Motion 64 in accordance with "Exhibit B" 55. Any responsive submission SHALL be filed on or before October 17, 2016, and any reply submission SHALL be filed on or before October 24, 2016. Signed by Judge R David Proctor on 10/11/2016.
68
10/17/2016
RESPONSIVE Submission to 64 Motion to Compel filed by Medalogix, LLC.
1
Exhibit A- Email
2
Exhibit B- Email
3
Exhibit C- Email
4
Exhibit D- Transcript Excerpt
5
Exhibit E- Email
6
Exhibit F- Email
7
Exhibit G- Email
8
Exhibit H- Correspondence
9
Exhibit I- Correspondence
10
Exhibit J- Correspondence
11
Exhibit K- Email
11 Attachments
69
10/21/2016
ANSWER to Counterclaim by Medalogix, LLC, Dan Hogan.
70
10/24/2016
REPLY in Support of 64 Motion to Compel filed by Alacare Home Health Services Inc.
1
Exhibit 1 - Dan Hogan Deposition Excerpts
1 Attachment
71
11/01/2016
TEXT ORDER-This matter is before the court on Defendant/Counter-Claimant Alacare Home Health Services, Inc.'s Motion to Compel 64. The Motion 64 is SET for a telephone conference on November 10, 2016 at 3:30 PM The parties are DIRECTED to call 866-434-5269 to access the telephone conference. The access code is 6022965. The parties SHALL be prepared to discuss their positions regarding Defendant/Counter-Claimant's Motion to Compel 64 as well the possibility of agreement to a stipulation related to the pending discovery dispute. Signed by Judge R David Proctor on 11/1/2016.
72
11/10/2016
MOTION to Amend Scheduling Order by Alacare Home Health Services Inc.
73
11/14/2016
ORDER -The Motion to Amend Scheduling Order 72 is GRANTED as further set out. Discovery due by 1/31/2017; Mediation in 5/2017; Dispositive motions due by 6/19/2017. Signed by Judge R David Proctor on 11/14/2016.
74
11/15/2016
TEXT ORDER-This matter is before the court following the November 10, 2016 telephone conference. As a result of matters occurring during the telephone conference, it is ORDERED that the parties' counsel and experts SHALL meet in the court's chambers on December 19, 2016 at 10:00 AM to pursue the resolution of the pending discovery issues. Signed by Judge R David Proctor on 11/15/2016.
75
11/22/2016
TEXT ORDER-This matter is before the court on the parties' informal joint request to extend the deadline to complete all written discovery and depose all fact witnesses. The parties' request is GRANTED. The parties SHALL complete all written discovery and depose all fact witnesses on or before February 27, 2017. All other deadlines in the court's November 14, 2016 order 73 remain unchanged. Signed by Judge R David Proctor on 11/22/2016.
76
12/16/2016
TEXT ORDER -This matter is before the court on the parties' informal request to conduct the scheduled December 19, 2016 conference in the courtroom of the undersigned. The parties' request is GRANTED. The conference SHALL take place on December 19, 2016 at 10:00 AM in the courtroom of the undersigned. Signed by Judge R David Proctor on 12/16/2016.
12/19/2016
Minute Entry for proceedings held before Judge R David Proctor: Discovery Hearing held on 12/19/2016. (Court Reporter Leah Turner.) (Text entry; no document attached.)
77
12/19/2016
TEXT ORDER-On December 19, 2016, the court conducted a hearing regarding Defendant/Counter-Claimant Alacare Home Health Services Inc.'s ("Alacare's") Motion to Compel 64. In conjunction with the hearing, the parties agreed to a resolution of the issues presented in Alacare's Motion 64. Accordingly, Alacare's Motion to Compel is ADMINISTRATIVELY TERMINATED as MOOT. Signed by Judge R David Proctor on 12/19/2016.
78
02/09/2017
MOTION to Amend Scheduling Order by Alacare Home Health Services Inc.
79
02/09/2017
ORDER-The Motion to Amend Scheduling Order 78 is GRANTED. Discovery due by 4/28/2017; an Order will be issued by 7/2017 referring this case to mediation; dispositive motions due by 8/18/2017. Signed by Judge R David Proctor on 2/9/2017.
80
04/03/2017
Unopposed MOTION to Continue by Alacare Home Health Services Inc.
81
04/04/2017
ORDER-The Unopposed Motion to Amend Scheduling Order 80 is GRANTED. Discovery due by 7/27/2017. Motions due by 11/16/2017. Signed by Judge R David Proctor on 4/4/2017.
82
06/22/2017
Joint MOTION to Dismiss (Stipulation of Dismissal With Prejudice) by Alacare Home Health Services Inc.
83
06/22/2017
ORDER in accordance with the stipulation of the parties; DISMISSING CASE with prejudice; the parties are to bear their own costs, expenses and attorney's fees. Signed by Judge R David Proctor on 6/22/2017.
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