Federal Pacer Docket Sdtx Davidson V. Grossman
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CLOSED
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:07-cv-00471
Davidson et al v. Grossman et al Assigned to: Judge Nancy F. Atlas Demand: $90,000,000 Related Case Case: 4:07-cv-01530 Cause: 18:1961 Racketeering (RICO) Act
Date Filed: 02/02/2007 Date Terminated: 07/05/2007 Jury Demand: Plaintiff Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Diversity
Plaintiff Robert M Davidson
represented by Robert M Davidson PO Box 1785 Kilgore, TX 75663 903-235-0731 PRO SE
Plaintiff Vanessa E Komar
represented by Vanessa E Komar PO Box 1785 Kilgore, TX 75663 903-235-0731 PRO SE
V. Defendant Jay Grossman
represented by Daniel James Artz Attorney at Law 325 North St Paul Street Ste 2400 Dallas , TX 75201 214-969-9016 Fax: 214-871-3049 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Eudice Grossman
represented by Daniel James Artz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
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Gayle F Petrillo
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represented by Marcia E Kurtz Bracewell & Giuliani LLP 711 Louisiana Ste 2300 Houston , TX 77002 713-221-1206 Fax: 713-221-2125 fax Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis McDermott Will et al 227 West Monroe Street Ste 4400 Chicago , IL 60606-5096 312-984-6473 Fax: 312-984-7700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Charles W Ott
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Joanne C Wray Defendant Kent J Thiry
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Joseph C Mello
represented by Marcia E Kurtz (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Michael J Meehan
represented by Murray J Fogler Beck Redden et al 1221 McKinney Ste 4500 Houston , TX 77010 713-951-3700 Fax: 713-951-3720 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Bruce R Heurlin
represented by Daniel James Artz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Anthony P Tartaglia
represented by Brian J Butler Bond Schoeneck & King, PLLC One Lincoln Center Syracuse , NY 13202 315 218-8000 Fax: 315-218-8460 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason Dean Bath Kane Russell Coleman et al 1331 Lamar Suite 1550 Houston , TX 77010 713-395-6800 Fax: 713-395-6899 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant DVA Renal Healthcare, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY
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ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Albany Medical College
represented by Jason Dean Bath (See above for address) ATTORNEY TO BE NOTICED
Defendant Vivra Holdings, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Gambro Healthcare, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Davita, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Sepracor Inc
represented by Dale Bruce Nixon Sidley Austin et al 717 N Harwood Ste 3300
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Dallas , TX 75201 214-981-3309 Fax: 214-981-3400 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sandra Palmer Sidley Austin, LLP 1501 K. Street N.W. Washington , DC 48734 202-736-8717 Fax: 202-736-8711 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Patrick Bradley Sidley Austin et al 717 N Harwood Ste 3400 Dallas , TX 75201 214-981-3306 Fax: 214-981-3400 fax Email: [email protected] ATTORNEY TO BE NOTICED Kelley Anne Conaty Sidley Austin LLP 717 N Harwood Ste 3400 Dallas , TX 75201 214-981-3477 Fax: 214-981-3400 Email: [email protected] ATTORNEY TO BE NOTICED
Date Filed
#
Docket Text
02/02/2007
1 COMPLAINT against all defendants (Filing fee $ 350) filed by all plaintiffs. (smurdock, ) Additional attachment(s) added on 2/2/2007 (smurdock, ). (Entered: 02/02/2007)
02/02/2007
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/20/2007 at 01:30 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified. (smurdock, ) (Entered: 02/02/2007)
02/02/2007
Filing fee re: 1 Complaint : $350.00, receipt number 578692, filed. (agould, ) (Entered: 02/02/2007)
02/12/2007
Summons Issued as to Joseph C Mello, Michael J Meehan, Bruce R Heurlin, Anthony P Tartaglia, DVA Renal Healthcare, Inc, Albany Medical College, Vivra Holdings, Inc,
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Gambro Healthcare, Inc, Davita, Inc, Sepracor Inc, Jay Grossman, Eudice Grossman, Gayle F Petrillo, Charles W Ott, Joanne C Wray, Kent J Thiry, filed.(ejuarez, ) (Entered: 02/13/2007) 02/20/2007
3 CERTIFICATE OF INTERESTED PARTIES, filed.(ltrevino, ) (Entered: 02/22/2007)
03/01/2007
4 MOTION Service of Process by US Marshall by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 3/21/2007. (Attachments: # 1 Proposed Order) (smurdock, ) (Entered: 03/01/2007)
03/06/2007
5 ORDER denying 4 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified. (sashabranner, ) (Entered: 03/06/2007)
03/09/2007
8 WAIVER OF SERVICE Returned Executed as to Sepracor Inc served on 2/16/2007, answer due 4/17/2007, filed.(dpower, ) (Entered: 03/19/2007)
03/15/2007
6 CORPORATE DISCLOSURE STATEMENT/CERTIFICATE OF INTERESTED PARTIES, filed.(ltrevino, ) (Entered: 03/16/2007)
03/16/2007
7 CLERKS NOTICE on Mandatory Electronic Filing re: 6 Corporate Disclosure Statement. Parties notified, filed. (ltrevino, ) (Entered: 03/16/2007)
03/19/2007
9 MOTION to Dismiss by Anthony P Tartaglia, Albany Medical College, filed. Motion Docket Date 4/9/2007. (Attachments: # 1 Exhibit Exhibit A to Defendants' Motion to Dismiss# 2 Proposed Order Order Granting Defendants' Motion to Dismiss)(Bath, Jason) (Entered: 03/19/2007)
03/19/2007
10 ORDER This case is before the Court on the Motion to Dismiss (Motion) [Doc. # 9] filed by Defendants Albany Medical College and Anthony P. Tartaglia. Prior to ruling on the Motion, the Court will permit additional time for Plaintiffs to file a response in opposition to the Motion. Accordingly, it is herebyORDERED that Plaintiffs shall file a response, addressing each issue raised in Defendants Motion, on or before April 11, 2007. Plaintiffs are cautioned that failure to respond as ordered by April 11, 2007 may, if appropriate, result in dismissal of his lawsuit as against the moving Defendants. Defendants may file a reply by April 20, 2006. Responses due by 4/11/2007 Replies due by 4/20/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 03/19/2007)
03/19/2007
11 CORPORATE DISCLOSURE STATEMENT, filed.(Bath, Jason) (Entered: 03/19/2007)
03/28/2007
12 Unopposed MOTION for Extension of Time Time to Confer by Sepracor Inc, filed.Motion Docket Date 4/17/2007. (Attachments: # 1 Proposed Order)(Bradley, James) (Entered: 03/28/2007)
03/29/2007
13 ORDER GRANTING 12 Unopposed MOTION for Extension of Time Time to Confer Joint Discovery/Case Management Plan due by 6/22/2007 Show Cause Response due by 6/4/2007 Initial Conference set for 6/29/2007 at 02:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified. (sashabranner, ) (Entered: 03/29/2007)
04/06/2007
14 MOTION for Limited Discovery and Enlargement of time re: 10 Court's order by Robert M Davidson, Vanessa E Komar, filed.Motion Docket Date 4/26/2007. (Attachments) (bthomas, ) Additional attachment(s) added on 4/9/2007 (bthomas, ). Additional attachment(s) added on 4/9/2007 (bthomas, ). Modified on 4/9/2007
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(bthomas, ). Additional attachment(s) added on 4/9/2007 (bthomas, ). (Entered: 04/09/2007) 04/11/2007
15 RESPONSE in Opposition to 14 MOTION for Extension of Time Limited Discovery and Enlargement, filed by Anthony P Tartaglia, Albany Medical College. (Bath, Jason) (Entered: 04/11/2007)
04/11/2007
16 RESPONSE to 9 MOTION to Dismiss, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Continuation Part 2 of 6)(ltrevino, ) Additional attachment(s) added on 4/11/2007 (ltrevino, ). Modified on 4/11/2007 (ltrevino, ). (Entered: 04/11/2007)
04/12/2007
17 ORDER denying as moot 14 Motion for Extension of Time.( Signed by Judge Nancy F. Atlas ) Parties notified.(TDR) (Entered: 04/12/2007)
04/16/2007
18 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure12(b) by Bruce R Heurlin, Jay Grossman, Eudice Grossman, filed. Motion Docket Date 5/7/2007. (Artz, Daniel) (Entered: 04/16/2007)
04/17/2007
19 AMENDED Complaint with Jury Demand against all defendants filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 continuation# 2 continuation) (bthomas, ) (Entered: 04/17/2007)
04/17/2007
20 MOTION to Dismiss for Failure to State a Claim by Sepracor Inc, filed. Motion Docket Date 5/7/2007. (Attachments: # 1 Proposed Order)(Bradley, James) (Entered: 04/17/2007)
04/17/2007
21 MEMORANDUM In Support of re: 20 MOTION to Dismiss for Failure to State a Claim by Sepracor Inc, filed.(Bradley, James) (Entered: 04/17/2007)
04/18/2007
22 ORDER This case is before the Court on the Motion to Dismiss [Doc. # 18] filed by Defendants Jay Grossman, Eudice Grossman, and Bruce R. Heurlin, and the Motion to Dismiss [Doc. # 20] filed by Defendant Sepracor Inc. (collectively, Motions). Prior to ruling on the Motions, the Court will permit additional time for Plaintiffs to file a response in opposition. Accordingly, it is herebyORDERED that Plaintiffs shall file a response, addressing each issue raised in Defendants Motions, on or before May 8, 2007. Plaintiffs are cautioned that failure to respond as ordered by May 8, 2007 may, if appropriate, result in dismissal of his lawsuit as against the moving Defendants. Defendants may file a reply by May 14, 2007. Responses due by 5/8/2007 Replies due by 5/14/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/18/2007)
04/19/2007
23 MOTION for Paul E. Chronis to Appear Pro Hac Vice by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/9/2007. (Wright, Gary) (Entered: 04/19/2007)
04/19/2007
24 CORPORATE DISCLOSURE STATEMENT by DaVita Inc., filed.(Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007
25 CORPORATE DISCLOSURE STATEMENT by DVA Renal Healthcare, Inc., filed. (Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007
26 CORPORATE DISCLOSURE STATEMENT by Vivra Holdings, Inc., filed.(Kurtz, Marcia) (Entered: 04/19/2007)
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04/19/2007
27 CORPORATE DISCLOSURE STATEMENT by Gambro Healthcare, Inc., filed. (Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007
28 MOTION for Extension of Time Answer to Amended Complaint by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/9/2007. (Attachments: # 1 Proposed Order)(Kurtz, Marcia) (Entered: 04/19/2007)
04/20/2007
29 REPLY in Support of 9 MOTION to Dismiss, filed by Anthony P Tartaglia, Albany Medical College. (Bath, Jason) (Entered: 04/20/2007)
04/20/2007
30 ORDER Granting 28 MOTION for Extension of Time Answer to Amended Complaint, Answer due for Joseph C Mello 5/7/2007; Michael J Meehan 5/7/2007; Bruce R Heurlin 5/7/2007; Anthony P Tartaglia 5/7/2007; DVA Renal Healthcare, Inc 5/7/2007; Albany Medical College 5/7/2007; Vivra Holdings, Inc 5/7/2007; Gambro Healthcare, Inc 5/7/2007; Davita, Inc 5/7/2007; Sepracor Inc 5/7/2007; Jay Grossman 5/7/2007; Eudice Grossman 5/7/2007; Gayle F Petrillo 5/7/2007; Charles W Ott 5/7/2007; Joanne C Wray 5/7/2007; Kent J Thiry 5/7/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/20/2007)
04/20/2007
31 ORDER granting 23 Motion to Appear Pro Hac Vice.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/20/2007)
04/23/2007
32 MOTION for Brian J. Butler to Appear Pro Hac Vice by Anthony P Tartaglia, Albany Medical College, filed. Motion Docket Date 5/14/2007. (Bath, Jason) (Entered: 04/23/2007)
04/24/2007
33 ORDER granting 32 Motion to Appear Pro Hac Vice.( Signed by Judge Nancy F. Atlas ) Parties notified.(bgoolsby, ) (Entered: 04/24/2007)
04/26/2007
34 MOTION Motion to Consider the Motion to Dismiss the Complaint as Addressed to Plaintiffs' Amended Complaint by Anthony P Tartaglia, Albany Medical College, filed. Motion Docket Date 5/16/2007. (Bath, Jason) (Entered: 04/26/2007)
04/26/2007
35 MOTION for Joinder as to 19 Amended Complaint/Counterclaim/Crossclaim etc. by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/16/2007. (Attachments: # 1 Proposed Order)(esmith, ) (Entered: 04/26/2007)
04/26/2007
36 ORDER denying 35 Motion for Joinder.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/26/2007)
04/27/2007
37 MOTION to Dismiss Amended Complaint by Sepracor Inc, filed. Motion Docket Date 5/17/2007. (Attachments: # 1 Proposed Order)(Conaty, Kelley) (Entered: 04/27/2007)
04/27/2007
38 MEMORANDUM In Support of re: 37 MOTION to Dismiss Amended Complaint by Sepracor Inc, filed.(Conaty, Kelley) (Entered: 04/27/2007)
04/27/2007
39 MOTION to Dismiss Amended Complaint by Bruce R Heurlin, Jay Grossman, Eudice Grossman, filed. Motion Docket Date 5/17/2007. (Artz, Daniel) (Entered: 04/27/2007)
04/27/2007
40 MOTION for Judicial Notice Under Federal Rules of Evidence Rule 201(D) by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/17/2007. Additional attachment(s) added on 5/4/2007 (jegonzalez, ). Additional attachment(s) added on 5/4/2007 (dpower, ). (Entered: 05/02/2007)
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05/07/2007
41 MOTION to Dismiss for Lack of Personal Jurisdiction by Michael J Meehan, filed. Motion Docket Date 5/29/2007. (Attachments: # 1)(Fogler, Murray) (Entered: 05/07/2007)
05/07/2007
42 MOTION to Dismiss 19 First Amended Complaint, MOTION for Sanctions and MOTION for Injunctive Relief by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/29/2007. (Attachments: # 1 Proposed) (Kurtz, Marcia) Motions for Sanctions, Injunctive Relief added on 5/11/2007 (ltien, ). (Entered: 05/07/2007)
05/07/2007
43 MEMORANDUM of Law DaVita Defendants' Memorandum in Support of Their Motion to Dismiss First Amended Complaint Pursuant to Rules 8, 9 and 12 of the Federal Rules of Civil Procedure, for Sanctions and for Injunctive Relief re: 42 MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed.(Kurtz, Marcia) (Entered: 05/08/2007)
05/08/2007
44 Certificate of Service by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed.(Kurtz, Marcia) (Entered: 05/08/2007)
05/08/2007
45 RESPONSE to 39 MOTION to Dismiss Amended Complaint, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Continuation # 2 Continuation # 3 Continuation # 4 Continuation)(esmith, ) (Entered: 05/10/2007)
05/08/2007
47 RESPONSE to 20 MOTION to Dismiss for Failure to State a Claim, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Continuation # 2 Continuation # 3 Continuation)(esmith, ) (Entered: 05/11/2007)
05/10/2007
46 ORDER Several defendants filed motions to dismiss Plaintiffs original complaint, after which Plaintiffs filed an Amended Complaint [Doc. # 19]. It is herebyORDERED that the Motions to Dismiss [Docs. # 18 and # 20] are DEEMED MOOT, as the moving Defendants have now filed motions to dismiss the amended complaint. It is furtherORDERED that Defendants Albany Medical College and Anthony P. Tartaglias Motion to Consider the Motion to Dismiss the Complaint as Addressed to the Amended Complaint [Doc. # 34] is GRANTED. It is furtherORDERED that Plaintiffs may not file another amended complaint without leave of court. It is furtherORDERED that Plaintiffs Motion for Judicial Notice [Doc. # 40] is GRANTED only to the extent that the Court can take judicial notice of the existence of Plaintiffs Petition for Writ of Mandamus, denied by the United States Supreme Court in November 2006, and DENIED in all other respects. It is furtherORDERED that Plaintiffs shall file by May 25, 2007, a consolidated response addressing each issue raised in Defendants Motions to Dismiss [Docs. # 9, # 37, # 39, # 41, and # 42]. Plaintiffs are cautioned that failure to respond as ordered by May 25, 2007 may, if appropriate, result in dismissal of this lawsuit. Defendants may file a reply by June 1, 2007. It is furtherORDERED that by June 1, 2007, Plaintiffs shall either present evidence of service on Defendant Joanne Wray or show cause why this case should not be dismissed for lack of service. Plaintiffs are advised that failure to comply will result in dismissal of this case as to Defendant Wray pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.mooting 18 Motion to Dismiss; mooting 20 Motion to
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Dismiss; granting 34 Motion; granting 40 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 05/10/2007) 05/11/2007
48 SECOND MOTION for Judicial Notice by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/31/2007. (Attachments: # 1 Continuation # 2 Continuation # 3 Continuation # 4 Continuation)(ltrevino, ) Additional attachment(s) added on 5/17/2007 (ltrevino, ). (Entered: 05/17/2007)
05/16/2007
51 RETURN of Service of SUMMONS Executed as to Joseph C Mello served on 4/10/2007, answer due 4/30/2007; Michael J Meehan served on 4/17/2007, answer due 5/7/2007; Vivra Holdings, Inc served on 3/27/2007, answer due 4/16/2007; Gambro Healthcare, Inc served on 4/9/2007, answer due 4/30/2007; Davita, Inc served on 3/27/2007, answer due 4/16/2007; Kent J Thiry served on 4/10/2007, answer due 4/30/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007
52 WAIVER OF SERVICE Returned Executed as to Bruce R Heurlin served on 2/16/2007, answer due 4/16/2007, filed.(espencer, ) Modified on 5/21/2007 (espencer, ). (Entered: 05/21/2007)
05/16/2007
53 WAIVER OF SERVICE Returned Executed as to Joanne C Wray served on 2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007
54 WAIVER OF SERVICE Returned Executed as to Eudice Grossman served on 2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007
55 WAIVER OF SERVICE Returned Executed as to Jay Grossman served on 2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/18/2007
49 ORDER granting in part and denied in part 48 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 05/18/2007)
05/18/2007
50 Amended page 11 to Sepracor Inc's 38 Memorandum in Support of 37 Motion to Dismiss First Amended Complaint, filed.(sashabranner, ) Filer corrected on 6/6/2007 (ltien, ). (Entered: 05/18/2007)
05/21/2007
***Answer due for Bruce R Heurlin 4/16/2007. (espencer, ) (Entered: 05/21/2007)
05/25/2007
56 Plaintiff's Consolidated Response, filed by Robert M Davidson. (dpower, ) (Entered: 05/29/2007)
05/25/2007
57 APPENDIX of Exhibits in Support of: 56 Plaintiffs' Consolidated Response by Robert M Davidson, filed. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit)(pcrawford, ) (Entered: 05/29/2007)
05/30/2007
58 MOTION for Sandra F. Palmer to Appear Pro Hac Vice by Sepracor Inc, filed. Motion Docket Date 6/19/2007. (Conaty, Kelley) (Entered: 05/30/2007)
05/30/2007
59 Notification of Service on Michael J. Meehan of 19 Amended Complaint/Counterclaim /Crossclaim etc. by Robert M Davidson, Vanessa E Komar, filed.(bthomas, ) (Entered: 05/31/2007)
05/30/2007
60 AMENDED CERTIFICATE OF SERVICE of 57 Appendix, 56 Response by Robert M Davidson, Vanessa E Komar, filed.(bthomas, ) (Entered: 05/31/2007)
06/01/2007
61 REPLY in Support of 41 MOTION to Dismiss for Lack of Personal Jurisdiction, filed by Michael J Meehan. (Fogler, Murray) (Entered: 06/01/2007)
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06/01/2007
62 REPLY in Support of 37 MOTION to Dismiss Amended Complaint, filed by Sepracor Inc. (Conaty, Kelley) (Entered: 06/01/2007)
06/01/2007
63 REPLY to Response to 9 MOTION to Dismiss, filed by Anthony P Tartaglia, Albany Medical College. (Bath, Jason) (Entered: 06/01/2007)
06/04/2007
64 ORDER granting 58 Motion to Appear Pro Hac Vice.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 06/04/2007)
06/13/2007
65 SEALED MOTION, filed. (Attachments: # 1 Proposed Order) (mmapps, ) (Entered: 06/14/2007)
06/18/2007
66 ORDER Joint Discovery/Case Management Plan due by 7/13/2007 Initial Conference set for 7/20/2007 at 12:30 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 06/18/2007)
06/18/2007
67 SEALED ORDER.Denied Motion [Doc. #65]( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 06/18/2007)
06/19/2007
68 Third Notice of RETURN of Service of SUMMONS Executed as to Anthony P Tartaglia served on 6/1/2007, answer due 6/21/2007; Albany Medical College served on 5/28/2007, answer due 6/18/2007; Gayle F Petrillo served on 6/1/2007, answer due 6/21/2007, filed. (Entered: 06/19/2007)
07/05/2007
69 MEMORANDUM AND ORDER granting 37 Motion to Dismiss; granting 39 Motion to Dismiss; granting 41 Motion to Dismiss; granting 42 Motion to Dismiss; granting 9 Motion to Dismiss.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 07/05/2007)
07/05/2007
70 FINAL JUDGMENT. Case terminated on 7/5/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 07/05/2007)
07/13/2007
71 MOTION to ALTER OR AMEND JUDGMENT by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 8/2/2007. (Attachments: # 1 Affidavit # 2 Exhibit) (mmapps, ) (Entered: 07/13/2007)
07/17/2007
72 RESPONSE to 71 MOTION to Alter Judgment MOTION to Amend 70 Final Judgment, filed by Sepracor Inc. (Conaty, Kelley) (Entered: 07/17/2007)
07/17/2007
73 PROPOSED ORDER re: 72 Response to Motion, filed.(Conaty, Kelley) (Entered: 07/17/2007)
08/14/2007
74 MEMORANDUM AND ORDER denying 71 Motion to Alter or Amend Judgment.( Signed by Judge Nancy F. Atlas ) Parties notified.(TDR) (Entered: 08/14/2007)
08/24/2007
75 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 69 Order on Motion to Dismiss, 46 Order on Motion for Miscellaneous Relief, 70 Final Judgment, 67 Sealed Order, 74 Order on Motion to Alter Judgment, Order on Motion to Amend by Robert M Davidson, Vanessa E Komar (Filing fee $ 455), filed.(blacy, ) (Entered: 08/27/2007)
08/28/2007
APPEAL Filing fee re: 75 Notice of Appeal, : $455.00, receipt number 4-584520, filed. (ejones, ) Paid by Robert Davidson (Entered: 08/28/2007)
08/31/2007
76 Notice of Assignment of USCA No. 07-20650 re: 75 Notice of Appeal,, filed.(bthomas, ) (Entered: 08/31/2007)
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09/07/2007
77 MOTION for Bond by Bruce R Heurlin, Jay Grossman, Eudice Grossman, filed. Motion Docket Date 9/27/2007. (Artz, Daniel) (Entered: 09/07/2007)
09/10/2007
78 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant (0 copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 77 MOTION for Bond, 75 Notice of Appeal,, filed.(mmar, ) (Entered: 09/10/2007)
09/14/2007
Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 75 Notice of Appeal, USCA No. 07-20650, filed.(jbradford) (Entered: 09/14/2007)
09/18/2007
79 OBJECTIONS to Motion of Defendants Jay Grossman,Eudice Grossman, and Bruce R. Heurlin To Require Bond For Costs 77 MOTION for Bond, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Attachment# 2 Attachment# 3 Attachment# 4 Attachment)(dbiagas, ) (Entered: 09/18/2007)
09/19/2007
80 ORDER granting 77 Motion for Bond.Plaintiffs/Appellants are required, pursuant to Rule 7 of the Federal rules of Appellate Procedure, to post a bond in the amount of $2,000.00 to ensure payment of costs on appeal.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 09/19/2007)
09/21/2007
81 Transmittal Letter on Appeal Certified re: 75 Notice of Appeal,. CDs containing the electronic record are being sent to Mr. Davidson, Ms. Komar, Mr. Artz, Mr. Bath, Mr. Bradley and K A Conaty. (USCA No. 07-20650), filed.(hler, ) (Entered: 09/21/2007)
10/01/2007
RECEIVED BOND of $2000.00, receipt number 4-585399, PAID BY ROBERT DAVIDSON 80 ORDER OF 9/19/07., filed. (ejones, ) (Entered: 10/01/2007)
10/04/2007
82 Transmittal Letter on Appeal. re: 75 Notice of Appeal,. A paper copy of the certified electronic record consisting of 11 volumes (10 File Folders, 1 Sealed Envelope) is being transmitted to the Fifth Circuit Court of Appeals. (USCA No. 07-20650), filed. (jzielske, ) (Entered: 10/04/2007)
10/22/2007
83 MOTION for Indicative Ruling by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 11/13/2007. (Attachments: # 1 Affidavit# 2 Exhibits# 3 Exhibits Continued# 4Exhibits Continued# 5 Exhibits Continued# 6 Exhibits Continued# 7 Proposed Order)(rsmith, ) (Entered: 10/22/2007)
10/24/2007
84 ORDER denying 83 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified. (sashabranner, ) (Entered: 10/24/2007)
03/10/2008
85 Per Curiam of USCA for the Fifth Circuit (copy) dated 02/28/2008 re: 75 Notice of Appeal, ; USCA No. 07-20650. Appellee's motion for attorney's fees is Granted. Appellee's motion for double costs is GRANTED. Appellee's motion for Sanctions is Granted., filed.(bdaniel, ) (Entered: 03/11/2008)
03/31/2008
86 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 3/26/08 re: 75 Notice of Appeal, ; USCA No. 07-20650, filed.(kettac, ) (Entered: 03/31/2008)
03/31/2008
87 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 03/26/2008 re: 75 Notice of Appeal; USCA No. 07-20650. The motion of appellees Albany Medical College and Anthony P. Tartaglia for an award of attorney's fees and costs is Granted., filed.(bdaniel, ) (Entered: 03/31/2008)
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04/01/2008
88 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 3/6/08 re: 75 Notice of Appeal, ; USCA No. 07-20650. AFFIRMED; all pending motions or requests by appellants are denied. Costs on appeal are to be taxed against plaintiffs-appellants., filed.(ceaton, ) Modified on 4/3/2008 (ltien, ). (Entered: 04/01/2008)
04/01/2008
89 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: 75 Notice of Appeal, ; consisting of 1 Sealed Envelope (USCA No. 07-20650). Reassembled and forwarded to file room, filed.(ceaton, ) (Entered: 04/01/2008)
04/01/2008
90 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $81.00 against Appellant Robert M Davidson (USCA No. 07-20650), filed.(ceaton, ) (Entered: 04/03/2008)
04/01/2008
91 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $99.75 against Robert M Davidson and Vanessa Komar (USCA No. 07-20650), filed.(ceaton, ) (Entered: 04/03/2008)
04/01/2008
92 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $48.00 against Robert M Davidson and Vanessa E Komar (USCA No. 07-20650), filed.(ceaton, ) (Entered: 04/03/2008)
04/04/2008
93 Joint MOTION for Disbursement of Funds by Jay Grossman, filed. Motion Docket Date 4/24/2008. (Artz, Daniel) Additional attachment(s) added on 4/4/2008 (knguyen, ). (Entered: 04/04/2008)
04/04/2008
94 PROPOSED ORDER re: 93 Joint MOTION for Disbursement of Funds, filed.(Artz, Daniel) (Entered: 04/04/2008)
04/08/2008
95 MOTION to Vacate 70 Final Judgment by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 4/28/2008. (Attachments: # 1 Declaration of Robert M. Davidson# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(jegonzalez, ) (Entered: 04/09/2008)
04/09/2008
96 ORDER denying 95 Motion to Vacate.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/09/2008)
04/10/2008
97 ORDER granting 93 Motion for Disbursement of Funds.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/10/2008)
04/18/2008
Disbursement of Registry Funds to Marcia E Kurtz, Esq. in the amount of $647.40 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
04/18/2008
Disbursement of Registry Funds to Daniel J Artz, Esq. in the amount of $699.15 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
04/18/2008
Disbursement of Registry Funds to Brian J Butler, Esq. in the amount of $599.39 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
04/18/2008
Disbursement of Registry Funds to Sandra F Palmer, Esq. in the amount of $81.00 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
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04/21/2008
98 MOTION to Alter or Amend Judgment by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/12/2008. (mharrison, ) Additional attachment(s) added on 4/21/2008 (mharrison, ). (Entered: 04/21/2008)
04/22/2008
99 ORDER denying 98 Motion to Alter Judgment.ORDERED that Plaintiff may not file any additional motions in this case unless and until they have paid in full the attorneys fees and costs imposed by the United States Court of Appeals for the Fifth Circuit. See Docs. # 85, # 86, and # 87. Any motions filed in violation of this order will be stricken.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/22/2008)
10/16/2008
100 The petition for a writ of certiorari filed with the Supreme Court has been denied (USCA No. 07-20650) (USSC No. 07-1525), filed.(kmurphy, ) (Entered: 10/17/2008)
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CLOSED
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:07-cv-00471
Davidson et al v. Grossman et al Assigned to: Judge Nancy F. Atlas Demand: $90,000,000 Related Case Case: 4:07-cv-01530 Cause: 18:1961 Racketeering (RICO) Act
Date Filed: 02/02/2007 Date Terminated: 07/05/2007 Jury Demand: Plaintiff Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Diversity
Plaintiff Robert M Davidson
represented by Robert M Davidson PO Box 1785 Kilgore, TX 75663 903-235-0731 PRO SE
Plaintiff Vanessa E Komar
represented by Vanessa E Komar PO Box 1785 Kilgore, TX 75663 903-235-0731 PRO SE
V. Defendant Jay Grossman
represented by Daniel James Artz Attorney at Law 325 North St Paul Street Ste 2400 Dallas , TX 75201 214-969-9016 Fax: 214-871-3049 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Eudice Grossman
represented by Daniel James Artz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
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Gayle F Petrillo
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represented by Marcia E Kurtz Bracewell & Giuliani LLP 711 Louisiana Ste 2300 Houston , TX 77002 713-221-1206 Fax: 713-221-2125 fax Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis McDermott Will et al 227 West Monroe Street Ste 4400 Chicago , IL 60606-5096 312-984-6473 Fax: 312-984-7700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Charles W Ott
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Joanne C Wray Defendant Kent J Thiry
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Joseph C Mello
represented by Marcia E Kurtz (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Michael J Meehan
represented by Murray J Fogler Beck Redden et al 1221 McKinney Ste 4500 Houston , TX 77010 713-951-3700 Fax: 713-951-3720 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Bruce R Heurlin
represented by Daniel James Artz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Anthony P Tartaglia
represented by Brian J Butler Bond Schoeneck & King, PLLC One Lincoln Center Syracuse , NY 13202 315 218-8000 Fax: 315-218-8460 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason Dean Bath Kane Russell Coleman et al 1331 Lamar Suite 1550 Houston , TX 77010 713-395-6800 Fax: 713-395-6899 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant DVA Renal Healthcare, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY
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ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Albany Medical College
represented by Jason Dean Bath (See above for address) ATTORNEY TO BE NOTICED
Defendant Vivra Holdings, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Gambro Healthcare, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Davita, Inc
represented by Marcia E Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Sepracor Inc
represented by Dale Bruce Nixon Sidley Austin et al 717 N Harwood Ste 3300
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Dallas , TX 75201 214-981-3309 Fax: 214-981-3400 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sandra Palmer Sidley Austin, LLP 1501 K. Street N.W. Washington , DC 48734 202-736-8717 Fax: 202-736-8711 LEAD ATTORNEY ATTORNEY TO BE NOTICED James Patrick Bradley Sidley Austin et al 717 N Harwood Ste 3400 Dallas , TX 75201 214-981-3306 Fax: 214-981-3400 fax Email: [email protected] ATTORNEY TO BE NOTICED Kelley Anne Conaty Sidley Austin LLP 717 N Harwood Ste 3400 Dallas , TX 75201 214-981-3477 Fax: 214-981-3400 Email: [email protected] ATTORNEY TO BE NOTICED
Date Filed
#
Docket Text
02/02/2007
1 COMPLAINT against all defendants (Filing fee $ 350) filed by all plaintiffs. (smurdock, ) Additional attachment(s) added on 2/2/2007 (smurdock, ). (Entered: 02/02/2007)
02/02/2007
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/20/2007 at 01:30 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified. (smurdock, ) (Entered: 02/02/2007)
02/02/2007
Filing fee re: 1 Complaint : $350.00, receipt number 578692, filed. (agould, ) (Entered: 02/02/2007)
02/12/2007
Summons Issued as to Joseph C Mello, Michael J Meehan, Bruce R Heurlin, Anthony P Tartaglia, DVA Renal Healthcare, Inc, Albany Medical College, Vivra Holdings, Inc,
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Gambro Healthcare, Inc, Davita, Inc, Sepracor Inc, Jay Grossman, Eudice Grossman, Gayle F Petrillo, Charles W Ott, Joanne C Wray, Kent J Thiry, filed.(ejuarez, ) (Entered: 02/13/2007) 02/20/2007
3 CERTIFICATE OF INTERESTED PARTIES, filed.(ltrevino, ) (Entered: 02/22/2007)
03/01/2007
4 MOTION Service of Process by US Marshall by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 3/21/2007. (Attachments: # 1 Proposed Order) (smurdock, ) (Entered: 03/01/2007)
03/06/2007
5 ORDER denying 4 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified. (sashabranner, ) (Entered: 03/06/2007)
03/09/2007
8 WAIVER OF SERVICE Returned Executed as to Sepracor Inc served on 2/16/2007, answer due 4/17/2007, filed.(dpower, ) (Entered: 03/19/2007)
03/15/2007
6 CORPORATE DISCLOSURE STATEMENT/CERTIFICATE OF INTERESTED PARTIES, filed.(ltrevino, ) (Entered: 03/16/2007)
03/16/2007
7 CLERKS NOTICE on Mandatory Electronic Filing re: 6 Corporate Disclosure Statement. Parties notified, filed. (ltrevino, ) (Entered: 03/16/2007)
03/19/2007
9 MOTION to Dismiss by Anthony P Tartaglia, Albany Medical College, filed. Motion Docket Date 4/9/2007. (Attachments: # 1 Exhibit Exhibit A to Defendants' Motion to Dismiss# 2 Proposed Order Order Granting Defendants' Motion to Dismiss)(Bath, Jason) (Entered: 03/19/2007)
03/19/2007
10 ORDER This case is before the Court on the Motion to Dismiss (Motion) [Doc. # 9] filed by Defendants Albany Medical College and Anthony P. Tartaglia. Prior to ruling on the Motion, the Court will permit additional time for Plaintiffs to file a response in opposition to the Motion. Accordingly, it is herebyORDERED that Plaintiffs shall file a response, addressing each issue raised in Defendants Motion, on or before April 11, 2007. Plaintiffs are cautioned that failure to respond as ordered by April 11, 2007 may, if appropriate, result in dismissal of his lawsuit as against the moving Defendants. Defendants may file a reply by April 20, 2006. Responses due by 4/11/2007 Replies due by 4/20/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 03/19/2007)
03/19/2007
11 CORPORATE DISCLOSURE STATEMENT, filed.(Bath, Jason) (Entered: 03/19/2007)
03/28/2007
12 Unopposed MOTION for Extension of Time Time to Confer by Sepracor Inc, filed.Motion Docket Date 4/17/2007. (Attachments: # 1 Proposed Order)(Bradley, James) (Entered: 03/28/2007)
03/29/2007
13 ORDER GRANTING 12 Unopposed MOTION for Extension of Time Time to Confer Joint Discovery/Case Management Plan due by 6/22/2007 Show Cause Response due by 6/4/2007 Initial Conference set for 6/29/2007 at 02:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified. (sashabranner, ) (Entered: 03/29/2007)
04/06/2007
14 MOTION for Limited Discovery and Enlargement of time re: 10 Court's order by Robert M Davidson, Vanessa E Komar, filed.Motion Docket Date 4/26/2007. (Attachments) (bthomas, ) Additional attachment(s) added on 4/9/2007 (bthomas, ). Additional attachment(s) added on 4/9/2007 (bthomas, ). Modified on 4/9/2007
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(bthomas, ). Additional attachment(s) added on 4/9/2007 (bthomas, ). (Entered: 04/09/2007) 04/11/2007
15 RESPONSE in Opposition to 14 MOTION for Extension of Time Limited Discovery and Enlargement, filed by Anthony P Tartaglia, Albany Medical College. (Bath, Jason) (Entered: 04/11/2007)
04/11/2007
16 RESPONSE to 9 MOTION to Dismiss, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Continuation Part 2 of 6)(ltrevino, ) Additional attachment(s) added on 4/11/2007 (ltrevino, ). Modified on 4/11/2007 (ltrevino, ). (Entered: 04/11/2007)
04/12/2007
17 ORDER denying as moot 14 Motion for Extension of Time.( Signed by Judge Nancy F. Atlas ) Parties notified.(TDR) (Entered: 04/12/2007)
04/16/2007
18 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure12(b) by Bruce R Heurlin, Jay Grossman, Eudice Grossman, filed. Motion Docket Date 5/7/2007. (Artz, Daniel) (Entered: 04/16/2007)
04/17/2007
19 AMENDED Complaint with Jury Demand against all defendants filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 continuation# 2 continuation) (bthomas, ) (Entered: 04/17/2007)
04/17/2007
20 MOTION to Dismiss for Failure to State a Claim by Sepracor Inc, filed. Motion Docket Date 5/7/2007. (Attachments: # 1 Proposed Order)(Bradley, James) (Entered: 04/17/2007)
04/17/2007
21 MEMORANDUM In Support of re: 20 MOTION to Dismiss for Failure to State a Claim by Sepracor Inc, filed.(Bradley, James) (Entered: 04/17/2007)
04/18/2007
22 ORDER This case is before the Court on the Motion to Dismiss [Doc. # 18] filed by Defendants Jay Grossman, Eudice Grossman, and Bruce R. Heurlin, and the Motion to Dismiss [Doc. # 20] filed by Defendant Sepracor Inc. (collectively, Motions). Prior to ruling on the Motions, the Court will permit additional time for Plaintiffs to file a response in opposition. Accordingly, it is herebyORDERED that Plaintiffs shall file a response, addressing each issue raised in Defendants Motions, on or before May 8, 2007. Plaintiffs are cautioned that failure to respond as ordered by May 8, 2007 may, if appropriate, result in dismissal of his lawsuit as against the moving Defendants. Defendants may file a reply by May 14, 2007. Responses due by 5/8/2007 Replies due by 5/14/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/18/2007)
04/19/2007
23 MOTION for Paul E. Chronis to Appear Pro Hac Vice by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/9/2007. (Wright, Gary) (Entered: 04/19/2007)
04/19/2007
24 CORPORATE DISCLOSURE STATEMENT by DaVita Inc., filed.(Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007
25 CORPORATE DISCLOSURE STATEMENT by DVA Renal Healthcare, Inc., filed. (Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007
26 CORPORATE DISCLOSURE STATEMENT by Vivra Holdings, Inc., filed.(Kurtz, Marcia) (Entered: 04/19/2007)
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04/19/2007
27 CORPORATE DISCLOSURE STATEMENT by Gambro Healthcare, Inc., filed. (Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007
28 MOTION for Extension of Time Answer to Amended Complaint by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/9/2007. (Attachments: # 1 Proposed Order)(Kurtz, Marcia) (Entered: 04/19/2007)
04/20/2007
29 REPLY in Support of 9 MOTION to Dismiss, filed by Anthony P Tartaglia, Albany Medical College. (Bath, Jason) (Entered: 04/20/2007)
04/20/2007
30 ORDER Granting 28 MOTION for Extension of Time Answer to Amended Complaint, Answer due for Joseph C Mello 5/7/2007; Michael J Meehan 5/7/2007; Bruce R Heurlin 5/7/2007; Anthony P Tartaglia 5/7/2007; DVA Renal Healthcare, Inc 5/7/2007; Albany Medical College 5/7/2007; Vivra Holdings, Inc 5/7/2007; Gambro Healthcare, Inc 5/7/2007; Davita, Inc 5/7/2007; Sepracor Inc 5/7/2007; Jay Grossman 5/7/2007; Eudice Grossman 5/7/2007; Gayle F Petrillo 5/7/2007; Charles W Ott 5/7/2007; Joanne C Wray 5/7/2007; Kent J Thiry 5/7/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/20/2007)
04/20/2007
31 ORDER granting 23 Motion to Appear Pro Hac Vice.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/20/2007)
04/23/2007
32 MOTION for Brian J. Butler to Appear Pro Hac Vice by Anthony P Tartaglia, Albany Medical College, filed. Motion Docket Date 5/14/2007. (Bath, Jason) (Entered: 04/23/2007)
04/24/2007
33 ORDER granting 32 Motion to Appear Pro Hac Vice.( Signed by Judge Nancy F. Atlas ) Parties notified.(bgoolsby, ) (Entered: 04/24/2007)
04/26/2007
34 MOTION Motion to Consider the Motion to Dismiss the Complaint as Addressed to Plaintiffs' Amended Complaint by Anthony P Tartaglia, Albany Medical College, filed. Motion Docket Date 5/16/2007. (Bath, Jason) (Entered: 04/26/2007)
04/26/2007
35 MOTION for Joinder as to 19 Amended Complaint/Counterclaim/Crossclaim etc. by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/16/2007. (Attachments: # 1 Proposed Order)(esmith, ) (Entered: 04/26/2007)
04/26/2007
36 ORDER denying 35 Motion for Joinder.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/26/2007)
04/27/2007
37 MOTION to Dismiss Amended Complaint by Sepracor Inc, filed. Motion Docket Date 5/17/2007. (Attachments: # 1 Proposed Order)(Conaty, Kelley) (Entered: 04/27/2007)
04/27/2007
38 MEMORANDUM In Support of re: 37 MOTION to Dismiss Amended Complaint by Sepracor Inc, filed.(Conaty, Kelley) (Entered: 04/27/2007)
04/27/2007
39 MOTION to Dismiss Amended Complaint by Bruce R Heurlin, Jay Grossman, Eudice Grossman, filed. Motion Docket Date 5/17/2007. (Artz, Daniel) (Entered: 04/27/2007)
04/27/2007
40 MOTION for Judicial Notice Under Federal Rules of Evidence Rule 201(D) by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/17/2007. Additional attachment(s) added on 5/4/2007 (jegonzalez, ). Additional attachment(s) added on 5/4/2007 (dpower, ). (Entered: 05/02/2007)
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05/07/2007
41 MOTION to Dismiss for Lack of Personal Jurisdiction by Michael J Meehan, filed. Motion Docket Date 5/29/2007. (Attachments: # 1)(Fogler, Murray) (Entered: 05/07/2007)
05/07/2007
42 MOTION to Dismiss 19 First Amended Complaint, MOTION for Sanctions and MOTION for Injunctive Relief by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/29/2007. (Attachments: # 1 Proposed) (Kurtz, Marcia) Motions for Sanctions, Injunctive Relief added on 5/11/2007 (ltien, ). (Entered: 05/07/2007)
05/07/2007
43 MEMORANDUM of Law DaVita Defendants' Memorandum in Support of Their Motion to Dismiss First Amended Complaint Pursuant to Rules 8, 9 and 12 of the Federal Rules of Civil Procedure, for Sanctions and for Injunctive Relief re: 42 MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed.(Kurtz, Marcia) (Entered: 05/08/2007)
05/08/2007
44 Certificate of Service by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed.(Kurtz, Marcia) (Entered: 05/08/2007)
05/08/2007
45 RESPONSE to 39 MOTION to Dismiss Amended Complaint, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Continuation # 2 Continuation # 3 Continuation # 4 Continuation)(esmith, ) (Entered: 05/10/2007)
05/08/2007
47 RESPONSE to 20 MOTION to Dismiss for Failure to State a Claim, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Continuation # 2 Continuation # 3 Continuation)(esmith, ) (Entered: 05/11/2007)
05/10/2007
46 ORDER Several defendants filed motions to dismiss Plaintiffs original complaint, after which Plaintiffs filed an Amended Complaint [Doc. # 19]. It is herebyORDERED that the Motions to Dismiss [Docs. # 18 and # 20] are DEEMED MOOT, as the moving Defendants have now filed motions to dismiss the amended complaint. It is furtherORDERED that Defendants Albany Medical College and Anthony P. Tartaglias Motion to Consider the Motion to Dismiss the Complaint as Addressed to the Amended Complaint [Doc. # 34] is GRANTED. It is furtherORDERED that Plaintiffs may not file another amended complaint without leave of court. It is furtherORDERED that Plaintiffs Motion for Judicial Notice [Doc. # 40] is GRANTED only to the extent that the Court can take judicial notice of the existence of Plaintiffs Petition for Writ of Mandamus, denied by the United States Supreme Court in November 2006, and DENIED in all other respects. It is furtherORDERED that Plaintiffs shall file by May 25, 2007, a consolidated response addressing each issue raised in Defendants Motions to Dismiss [Docs. # 9, # 37, # 39, # 41, and # 42]. Plaintiffs are cautioned that failure to respond as ordered by May 25, 2007 may, if appropriate, result in dismissal of this lawsuit. Defendants may file a reply by June 1, 2007. It is furtherORDERED that by June 1, 2007, Plaintiffs shall either present evidence of service on Defendant Joanne Wray or show cause why this case should not be dismissed for lack of service. Plaintiffs are advised that failure to comply will result in dismissal of this case as to Defendant Wray pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.mooting 18 Motion to Dismiss; mooting 20 Motion to
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Dismiss; granting 34 Motion; granting 40 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 05/10/2007) 05/11/2007
48 SECOND MOTION for Judicial Notice by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/31/2007. (Attachments: # 1 Continuation # 2 Continuation # 3 Continuation # 4 Continuation)(ltrevino, ) Additional attachment(s) added on 5/17/2007 (ltrevino, ). (Entered: 05/17/2007)
05/16/2007
51 RETURN of Service of SUMMONS Executed as to Joseph C Mello served on 4/10/2007, answer due 4/30/2007; Michael J Meehan served on 4/17/2007, answer due 5/7/2007; Vivra Holdings, Inc served on 3/27/2007, answer due 4/16/2007; Gambro Healthcare, Inc served on 4/9/2007, answer due 4/30/2007; Davita, Inc served on 3/27/2007, answer due 4/16/2007; Kent J Thiry served on 4/10/2007, answer due 4/30/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007
52 WAIVER OF SERVICE Returned Executed as to Bruce R Heurlin served on 2/16/2007, answer due 4/16/2007, filed.(espencer, ) Modified on 5/21/2007 (espencer, ). (Entered: 05/21/2007)
05/16/2007
53 WAIVER OF SERVICE Returned Executed as to Joanne C Wray served on 2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007
54 WAIVER OF SERVICE Returned Executed as to Eudice Grossman served on 2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007
55 WAIVER OF SERVICE Returned Executed as to Jay Grossman served on 2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/18/2007
49 ORDER granting in part and denied in part 48 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 05/18/2007)
05/18/2007
50 Amended page 11 to Sepracor Inc's 38 Memorandum in Support of 37 Motion to Dismiss First Amended Complaint, filed.(sashabranner, ) Filer corrected on 6/6/2007 (ltien, ). (Entered: 05/18/2007)
05/21/2007
***Answer due for Bruce R Heurlin 4/16/2007. (espencer, ) (Entered: 05/21/2007)
05/25/2007
56 Plaintiff's Consolidated Response, filed by Robert M Davidson. (dpower, ) (Entered: 05/29/2007)
05/25/2007
57 APPENDIX of Exhibits in Support of: 56 Plaintiffs' Consolidated Response by Robert M Davidson, filed. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit)(pcrawford, ) (Entered: 05/29/2007)
05/30/2007
58 MOTION for Sandra F. Palmer to Appear Pro Hac Vice by Sepracor Inc, filed. Motion Docket Date 6/19/2007. (Conaty, Kelley) (Entered: 05/30/2007)
05/30/2007
59 Notification of Service on Michael J. Meehan of 19 Amended Complaint/Counterclaim /Crossclaim etc. by Robert M Davidson, Vanessa E Komar, filed.(bthomas, ) (Entered: 05/31/2007)
05/30/2007
60 AMENDED CERTIFICATE OF SERVICE of 57 Appendix, 56 Response by Robert M Davidson, Vanessa E Komar, filed.(bthomas, ) (Entered: 05/31/2007)
06/01/2007
61 REPLY in Support of 41 MOTION to Dismiss for Lack of Personal Jurisdiction, filed by Michael J Meehan. (Fogler, Murray) (Entered: 06/01/2007)
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62 REPLY in Support of 37 MOTION to Dismiss Amended Complaint, filed by Sepracor Inc. (Conaty, Kelley) (Entered: 06/01/2007)
06/01/2007
63 REPLY to Response to 9 MOTION to Dismiss, filed by Anthony P Tartaglia, Albany Medical College. (Bath, Jason) (Entered: 06/01/2007)
06/04/2007
64 ORDER granting 58 Motion to Appear Pro Hac Vice.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 06/04/2007)
06/13/2007
65 SEALED MOTION, filed. (Attachments: # 1 Proposed Order) (mmapps, ) (Entered: 06/14/2007)
06/18/2007
66 ORDER Joint Discovery/Case Management Plan due by 7/13/2007 Initial Conference set for 7/20/2007 at 12:30 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 06/18/2007)
06/18/2007
67 SEALED ORDER.Denied Motion [Doc. #65]( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 06/18/2007)
06/19/2007
68 Third Notice of RETURN of Service of SUMMONS Executed as to Anthony P Tartaglia served on 6/1/2007, answer due 6/21/2007; Albany Medical College served on 5/28/2007, answer due 6/18/2007; Gayle F Petrillo served on 6/1/2007, answer due 6/21/2007, filed. (Entered: 06/19/2007)
07/05/2007
69 MEMORANDUM AND ORDER granting 37 Motion to Dismiss; granting 39 Motion to Dismiss; granting 41 Motion to Dismiss; granting 42 Motion to Dismiss; granting 9 Motion to Dismiss.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 07/05/2007)
07/05/2007
70 FINAL JUDGMENT. Case terminated on 7/5/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 07/05/2007)
07/13/2007
71 MOTION to ALTER OR AMEND JUDGMENT by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 8/2/2007. (Attachments: # 1 Affidavit # 2 Exhibit) (mmapps, ) (Entered: 07/13/2007)
07/17/2007
72 RESPONSE to 71 MOTION to Alter Judgment MOTION to Amend 70 Final Judgment, filed by Sepracor Inc. (Conaty, Kelley) (Entered: 07/17/2007)
07/17/2007
73 PROPOSED ORDER re: 72 Response to Motion, filed.(Conaty, Kelley) (Entered: 07/17/2007)
08/14/2007
74 MEMORANDUM AND ORDER denying 71 Motion to Alter or Amend Judgment.( Signed by Judge Nancy F. Atlas ) Parties notified.(TDR) (Entered: 08/14/2007)
08/24/2007
75 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 69 Order on Motion to Dismiss, 46 Order on Motion for Miscellaneous Relief, 70 Final Judgment, 67 Sealed Order, 74 Order on Motion to Alter Judgment, Order on Motion to Amend by Robert M Davidson, Vanessa E Komar (Filing fee $ 455), filed.(blacy, ) (Entered: 08/27/2007)
08/28/2007
APPEAL Filing fee re: 75 Notice of Appeal, : $455.00, receipt number 4-584520, filed. (ejones, ) Paid by Robert Davidson (Entered: 08/28/2007)
08/31/2007
76 Notice of Assignment of USCA No. 07-20650 re: 75 Notice of Appeal,, filed.(bthomas, ) (Entered: 08/31/2007)
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77 MOTION for Bond by Bruce R Heurlin, Jay Grossman, Eudice Grossman, filed. Motion Docket Date 9/27/2007. (Artz, Daniel) (Entered: 09/07/2007)
09/10/2007
78 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant (0 copies). Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 77 MOTION for Bond, 75 Notice of Appeal,, filed.(mmar, ) (Entered: 09/10/2007)
09/14/2007
Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 75 Notice of Appeal, USCA No. 07-20650, filed.(jbradford) (Entered: 09/14/2007)
09/18/2007
79 OBJECTIONS to Motion of Defendants Jay Grossman,Eudice Grossman, and Bruce R. Heurlin To Require Bond For Costs 77 MOTION for Bond, filed by Robert M Davidson, Vanessa E Komar. (Attachments: # 1 Attachment# 2 Attachment# 3 Attachment# 4 Attachment)(dbiagas, ) (Entered: 09/18/2007)
09/19/2007
80 ORDER granting 77 Motion for Bond.Plaintiffs/Appellants are required, pursuant to Rule 7 of the Federal rules of Appellate Procedure, to post a bond in the amount of $2,000.00 to ensure payment of costs on appeal.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 09/19/2007)
09/21/2007
81 Transmittal Letter on Appeal Certified re: 75 Notice of Appeal,. CDs containing the electronic record are being sent to Mr. Davidson, Ms. Komar, Mr. Artz, Mr. Bath, Mr. Bradley and K A Conaty. (USCA No. 07-20650), filed.(hler, ) (Entered: 09/21/2007)
10/01/2007
RECEIVED BOND of $2000.00, receipt number 4-585399, PAID BY ROBERT DAVIDSON 80 ORDER OF 9/19/07., filed. (ejones, ) (Entered: 10/01/2007)
10/04/2007
82 Transmittal Letter on Appeal. re: 75 Notice of Appeal,. A paper copy of the certified electronic record consisting of 11 volumes (10 File Folders, 1 Sealed Envelope) is being transmitted to the Fifth Circuit Court of Appeals. (USCA No. 07-20650), filed. (jzielske, ) (Entered: 10/04/2007)
10/22/2007
83 MOTION for Indicative Ruling by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 11/13/2007. (Attachments: # 1 Affidavit# 2 Exhibits# 3 Exhibits Continued# 4Exhibits Continued# 5 Exhibits Continued# 6 Exhibits Continued# 7 Proposed Order)(rsmith, ) (Entered: 10/22/2007)
10/24/2007
84 ORDER denying 83 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified. (sashabranner, ) (Entered: 10/24/2007)
03/10/2008
85 Per Curiam of USCA for the Fifth Circuit (copy) dated 02/28/2008 re: 75 Notice of Appeal, ; USCA No. 07-20650. Appellee's motion for attorney's fees is Granted. Appellee's motion for double costs is GRANTED. Appellee's motion for Sanctions is Granted., filed.(bdaniel, ) (Entered: 03/11/2008)
03/31/2008
86 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 3/26/08 re: 75 Notice of Appeal, ; USCA No. 07-20650, filed.(kettac, ) (Entered: 03/31/2008)
03/31/2008
87 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 03/26/2008 re: 75 Notice of Appeal; USCA No. 07-20650. The motion of appellees Albany Medical College and Anthony P. Tartaglia for an award of attorney's fees and costs is Granted., filed.(bdaniel, ) (Entered: 03/31/2008)
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88 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 3/6/08 re: 75 Notice of Appeal, ; USCA No. 07-20650. AFFIRMED; all pending motions or requests by appellants are denied. Costs on appeal are to be taxed against plaintiffs-appellants., filed.(ceaton, ) Modified on 4/3/2008 (ltien, ). (Entered: 04/01/2008)
04/01/2008
89 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: 75 Notice of Appeal, ; consisting of 1 Sealed Envelope (USCA No. 07-20650). Reassembled and forwarded to file room, filed.(ceaton, ) (Entered: 04/01/2008)
04/01/2008
90 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $81.00 against Appellant Robert M Davidson (USCA No. 07-20650), filed.(ceaton, ) (Entered: 04/03/2008)
04/01/2008
91 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $99.75 against Robert M Davidson and Vanessa Komar (USCA No. 07-20650), filed.(ceaton, ) (Entered: 04/03/2008)
04/01/2008
92 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $48.00 against Robert M Davidson and Vanessa E Komar (USCA No. 07-20650), filed.(ceaton, ) (Entered: 04/03/2008)
04/04/2008
93 Joint MOTION for Disbursement of Funds by Jay Grossman, filed. Motion Docket Date 4/24/2008. (Artz, Daniel) Additional attachment(s) added on 4/4/2008 (knguyen, ). (Entered: 04/04/2008)
04/04/2008
94 PROPOSED ORDER re: 93 Joint MOTION for Disbursement of Funds, filed.(Artz, Daniel) (Entered: 04/04/2008)
04/08/2008
95 MOTION to Vacate 70 Final Judgment by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 4/28/2008. (Attachments: # 1 Declaration of Robert M. Davidson# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(jegonzalez, ) (Entered: 04/09/2008)
04/09/2008
96 ORDER denying 95 Motion to Vacate.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/09/2008)
04/10/2008
97 ORDER granting 93 Motion for Disbursement of Funds.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/10/2008)
04/18/2008
Disbursement of Registry Funds to Marcia E Kurtz, Esq. in the amount of $647.40 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
04/18/2008
Disbursement of Registry Funds to Daniel J Artz, Esq. in the amount of $699.15 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
04/18/2008
Disbursement of Registry Funds to Brian J Butler, Esq. in the amount of $599.39 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
04/18/2008
Disbursement of Registry Funds to Sandra F Palmer, Esq. in the amount of $81.00 on 4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, ) (Entered: 04/18/2008)
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04/21/2008
98 MOTION to Alter or Amend Judgment by Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/12/2008. (mharrison, ) Additional attachment(s) added on 4/21/2008 (mharrison, ). (Entered: 04/21/2008)
04/22/2008
99 ORDER denying 98 Motion to Alter Judgment.ORDERED that Plaintiff may not file any additional motions in this case unless and until they have paid in full the attorneys fees and costs imposed by the United States Court of Appeals for the Fifth Circuit. See Docs. # 85, # 86, and # 87. Any motions filed in violation of this order will be stricken.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/22/2008)
10/16/2008
100 The petition for a writ of certiorari filed with the Supreme Court has been denied (USCA No. 07-20650) (USSC No. 07-1525), filed.(kmurphy, ) (Entered: 10/17/2008)
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