Orthopedic & Sports Institute of the Fox Valley et v. NOVO Health Technology Group, LLC
Adversary Proceeding
Lead BK case is: 2:23-bk-21460
Lead BK case is: 2:23-bk-21460
| Wisconsin Eastern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | G Michael Halfenger |
| Case #: | 2:23-ap-02084 |
| Nature of Suit | 2 Bankruptcy - Other 72 Bankruptcy - Injunctive relief - other 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Jul 16, 2023 |
| Terminated: | Feb 08, 2024 |
| Last checked: never |
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Defendant
NOVO Health Technology Group, LLC
691 South Green Bay Rd, #168
Neenah, WI 54956 |
Represented By
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Plaintiff
Orthopedic & Sports Institute of the Fox Valley, Orthopedic and Sports Institute of the Fox Valley, S.C.
Orthopedic Clinic of Appleton, Inc. 2105 E. Enterprise Ave, Ste 112
Appleton, WI 54913 |
Represented By
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Plaintiff
Neurospine Center of Wisconsin, S.C., NeuroSpine Center of Wisconsin, S.C.
5320 W. Michaels Dr.
Appleton, WI 54913 |
Represented By
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| Docket last updated: 05/08/2024 1:10 PM CDT |
| Thursday, February 08, 2024 | ||
| 43 | 43
court
Close Adversary Case
Thu 02/08 5:02 PM
Adversary Case 2:23-ap-2084 Closed. (jam, Deputy Clerk) |
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utility
Disposition of Adversary
Thu 02/08 4:56 PM
Disposition of Adversary 2:23-ap-2084; Dismissed. (jam, Deputy Clerk) |
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| Sunday, January 21, 2024 | ||
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court
BNC Certificate of Mailing - PDF Document
Sun 01/21 11:37 PM
BNC Certificate of Mailing - PDF Document . Notice Date 01/21/2024. (Admin.) |
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| Friday, January 19, 2024 | ||
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order
Dismissing Case
Fri 01/19 2:47 PM
Order Dismissing Adversary Proceeding. (jam, Deputy Clerk) (Signed: 01/19/2024) |
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| Friday, December 15, 2023 | ||
| 39 | 39
court
BNC Certificate of Mailing - PDF Document
Fri 12/15 11:36 PM
BNC Certificate of Mailing - PDF Document . Notice Date 12/15/2023. (Admin.) |
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| Wednesday, December 13, 2023 | ||
| 38 | 38
2
pgs
order
Order (Generic)
Wed 12/13 2:55 PM
Order . (jam, Deputy Clerk) (Signed: 12/13/2023) |
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| Thursday, November 02, 2023 | ||
| 37 | 37
utility
GMH Document Tracker
Thu 11/02 9:19 AM
NOTICE: On August 9, 2023, the court held an evidentiary hearing on the plaintiff's motion for a preliminary injunction. The parties resolved the motion at the conclusion of the presentation of evidence and stated that they would file a stipulation and proposed order to memorialize their agreement and resolve the motion. No stipulation and proposed order has been filed. The parties are required to file a stipulation and proposed order. . (saa, Law Clerk) |
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| Thursday, August 24, 2023 | ||
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court
BNC Certificate of Mailing - PDF Document
Thu 08/24 11:38 PM
BNC Certificate of Mailing - PDF Document . Notice Date 08/24/2023. (Admin.) |
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| Tuesday, August 22, 2023 | ||
| 35 | 35
order
Court Minutes and Order (Chambers)
Tue 08/22 12:49 PM
Court Minutes and Order From Hearing Held on August 9, 2023 RE: Plaintiffs' Motion for Preliminary Injunction . (jam, Deputy Clerk) (Signed: 08/22/2023) |
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| Wednesday, August 09, 2023 | ||
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audio
Upload Audio File
Wed 08/09 3:26 PM
PDF with attached Audio File. Court Date & Time [ 08/09/2023 10:00:00 AM ]. File Size [ 94374 KB ]. Run Time [ 03:16:37 ]. (Evidentiary hearing on plaintiffs' motion for a preliminary injunction). (admin) |
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| 33 | 33
misc
Withdraw Document
Wed 08/09 8:08 AM
Withdrawal of Document. This document is being withdrawn because Exhibit 15 (doc 28-15) contains confidential information of Epic. Details in support of placing it under seal are unavailable at this time. Defendant agrees to instead simply withdraw the exibit. Filed by NOVO Health Technology Group, LLC (Menn, John) |
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| Tuesday, August 08, 2023 | ||
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order
Order (Virtual Event)
Tue 08/08 3:57 PM
Order: On August 7, the debtor-defendant filed a host of documents for potential use as exhibits during tomorrow's evidentiary hearing. Today, the defendant filed a motion to seal one of those exhibits, document number 28-15. The motion, unsupported by testimonial or other evidence, relates that an attorney for creditor Epic Systems, which is not a party to this proceeding, told defendant's counsel that the document "contains confidential information which should be withdrawn from the public record and filed under seal." ECF No.30 , at 2. Based on that alone, the defendant requests "that the Court restrict Doc. No. 28-15 from the public record and place it under seal, accessible only to the Court and for the purpose of reference as an exhibit at the hearing scheduled for August 9, 2023 and any continuation thereof. This seal should remain permanent." Id. That's a big ask. Section 107(a) of the Bankruptcy Code provides generally that "a paper filed in a case under this title and the dockets of a bankruptcy court are public records and open to examination by an entity at reasonable times without charge." Outside the bankruptcy context, the Seventh Circuit has made clear that the public's interest in being able to review information on which a court relies to adjudicate a dispute heavily favors ensuring that such information is maintained in the public record. "In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of a sexual assault), is entitled to be kept secret on appeal." Baxter Int'l, Inc. v. Abbott Laboratories , 297 F.3d 544, 546 (7th Cir. 2002). As Baxter states, there are narrow exceptions to the requirement that documents filed for the court's use remain accessible to the public. Section 107(b)(1) of the Code provides that, "[o]n request of a party in interest, the bankruptcy court shall . . . protect an entity with respect to a trade secret or confidential research, development, or commercial information". See also Fed. R. Bankr. P. 9037(d) (providing for entry of protective orders in "a case under the Code" upon a showing of cause). The defendant's request, however, grapples with none of this. Nor is it accompanied by evidence that the document in question - a document that apparently states what Epic was charging for its services more than three and half years ago - satisfies the applicable standards for maintaining information outside the public record. The motion thus fails Rule 9013's requirement that a motion "state with particularity the grounds therefor" and Local Rule 9013(b)'s requirement that a motion "state the Bankruptcy Code sections, Federal Rules of Bankruptcy Procedure, and other authority on which they base their request for relief." Rather than deny the motion out of hand, however, the court will construe the motion as a request to withdraw document 28-15 from the record, at least temporarily. The court has accordingly instructed the clerk to remove public access to it. By doing so, however, the court has made the document unavailable for use as an exhibit. If the defendant seeks to use document 28-15 at the August 9 hearing or otherwise in opposing the plaintiffs' request for preliminary injunctive relief, it must inform the court in writing before 9:00 a.m., August 9, 2023. If the defendant also persists in its request that the court maintain the document under seal, then, by that same deadline, it must supplement its motion to seal. If the defendant gives notice of its intent to use the document at the evidentiary hearing and does not supplement its motion to seal, the court will deny the motion to seal and return the document to the public record. If the defendant timely supplements the motion to seal, the court will keep the document protected from public view until further order of the court. Defendant's counsel must inform counsel for Epic of this order forthwith using the most expeditious means available. s/ G. Michael Halfenger Chief Bankruptcy Judge . (Halfenger, G.) |
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| 31 | 31
misc
Proposed Order
Tue 08/08 9:20 AM
Proposed Order RE:30 - Motion to Seal Document filed by Attorney John W. Menn of Steinhilber Swanson LLP on behalf of NOVO Health Technology Group, LLC. (Menn, John) |
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| 30 | 30
motion
Seal Document (Publicly Viewable)
Tue 08/08 9:19 AM
Motion to Seal Document Motion to Seal Document 28-15, Exhibit 115 Filed by Defendant NOVO Health Technology Group, LLC (Menn, John) |
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| Monday, August 07, 2023 | ||
| 29 | 29
misc
Exhibit
Mon 08/07 11:21 PM
Exhibit List of Witnesses and Exhibits Filed by Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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Att: 1
Exhibit Exhibit A
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Att: 2
Exhibit Exhibit B
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Att: 3
Exhibit Exhibit C
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Att: 4
Exhibit Exhibit D
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Att: 5
Exhibit Exhibit E
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Att: 6
Exhibit Exhibit F
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Att: 7
Exhibit Exhibit G
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Att: 8
Exhibit Exhibit H
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Att: 9
Exhibit Certificate of Service
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misc
Exhibit
Mon 08/07 5:24 PM
Exhibit List with Exhibits Attached and , Witness List Filed by NOVO Health Technology Group, LLC (Menn, John) |
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Att: 1
Exhibit 101
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Att: 2
Exhibit 102
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Att: 3
Exhibit 103
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Att: 4
Exhibit 104
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Att: 5
Exhibit 105
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Att: 6
Exhibit 106
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Att: 7
Exhibit 107
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Att: 8
Exhibit 108
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Att: 9
Exhibit 109
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Att: 10
Exhibit 110
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Att: 11
Exhibit 111
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Att: 12
Exhibit 112
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Att: 13
Exhibit 113
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Att: 14
Exhibit 114
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Att: 15
Exhibit 115
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Att: 16
Exhibit 116
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Att: 17
Exhibit 117
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Att: 18
Exhibit 118
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Att: 19
Exhibit 119
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Att: 20
Exhibit 120
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Att: 21
Exhibit 121
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Att: 22
Exhibit 122
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Att: 23
Exhibit 123
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Att: 24
Exhibit 124
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Att: 25
Exhibit 125
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Att: 26
Exhibit 126
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Att: 27
Exhibit 127
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Att: 28
Certificate of Service
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| Monday, July 24, 2023 | ||
| 27 | 27
misc
Certificate of Service
Mon 07/24 10:37 AM
Certificate of Service Regarding Summons in an Adversary Proceeding Filed by Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| Saturday, July 22, 2023 | ||
| 26 | 26
court
BNC Certificate of Mailing - PDF Document
Sat 07/22 11:33 PM
BNC Certificate of Mailing - PDF Document . Notice Date 07/22/2023. (Admin.) |
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| Thursday, July 20, 2023 | ||
| 25 | 25
court
Hearing Set (Adv Motion)
Thu 07/20 11:54 AM
Evidentiary Hearing to be held on 8/9/2023 at 10:00 AM United States Courthouse at 517 East Wisconsin Avenue, Room 133, Milwaukee, Wisconsin. (jam, Deputy Clerk) |
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| 24 | 24
order
Preliminary Injunction
Thu 07/20 11:48 AM
Temporary Restraining Order and Order Setting August 9, 2023 Hearing on Plaintiffs' Motion For Preliminary Injunction . (jam, Deputy Clerk) (Signed: 07/20/2023) |
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| Tuesday, July 18, 2023 | ||
| 23 | 23
audio
Upload Audio File
Tue 07/18 6:20 PM
PDF with attached Audio File. Court Date & Time [ 07/18/2023 4:00:00 PM ]. File Size [ 35523 KB ]. Run Time [ 01:14:00 ]. (Plaintiffs' emergency motion for preliminary injunctive relief and temporary restraining order). (admin) |
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| 22 | 22
misc
Declaration
Tue 07/18 10:52 AM
Declaration of Bruce Schaumberg Filed by NOVO Health Technology Group, LLC (Swanson, Paul) |
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Att: 1
Exhibit 101
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Att: 2
Exhibit 102
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Att: 3
Exhibit 103
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Att: 4
Exhibit 104
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Att: 5
Exhibit 105
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answer
Response (Not for Claims)
Tue 07/18 10:48 AM
Response Filed by Defendant NOVO Health Technology Group, LLC Preliminary Response to Plaintiffs' Motion for Emergency Hearing, Temporary Restraining Order and Preliminary Injunction to (3 Emergency Motion for Preliminary Injunction and Temporary Restraining Order filed by Plaintiff Orthopedic & Sports Institute of the Fox Valley,4 Emergency Motion to Expedite Hearing (related documents3 Motion for Preliminary Injunction) Plaintiffs' Motion for Emergency/Expedited Hearing on Plaintiffs' Emergency Motion for a Preliminary Injunction and Temporary Restraining Order filed by Plaintiff Orthopedic & Sports Institute of the Fox Valley) Filed by NOVO Health Technology Group, LLC (Swanson, Paul) |
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Att: 1
Exhibit 101
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Att: 2
Exhibit 102
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Att: 3
Exhibit 103
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Att: 4
Exhibit 104
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Att: 5
Exhibit 105
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court
Hearing Set (Other)
Tue 07/18 7:16 AM
Hearing Set . Hearing to be held on 7/18/2023 at 04:00 PM Telephone Hearing for 11 , To appear by telephone, you must call the Court conference line at 1-888-684-8852, and enter access code 7183566 before the scheduled hearing time. (saa, Law Clerk) |
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| Monday, July 17, 2023 | ||
| 19 | 19
misc
Exhibit
Mon 07/17 4:54 PM
Exhibit NeuroSpine Contract Filed by Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 18 | 18
misc
Exhibit
Mon 07/17 4:52 PM
Exhibit OSI Contract Filed by Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 17 | 17
misc
Declaration
Mon 07/17 3:52 PM
Declaration of Richard A. Staehler, M.D. with accompanying exhibits and Certificate of Service Filed by Neurospine Center of Wisconsin, S.C. (Duimstra, Robert) |
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| 16 | 16
misc
Declaration
Mon 07/17 3:48 PM
Declaration of Brian Lohrbach, M.D. with accompanying exhibits and Certificate of Service Filed by Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 15 | 15
misc
Declaration
Mon 07/17 3:45 PM
Declaration of Brittany S. Ogden with accompanying exhibits and Certificate of Service Filed by Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 14 | 14
misc
Declaration
Mon 07/17 3:33 PM
Declaration of Robert N. Duimstra with accompanying exhibits and Certificate of Service Filed by Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 13 | 13
court
Electronic Summons Issued
Mon 07/17 3:18 PM
Summons Issued. Attorney for Plaintiff must serve the summons and a copy of the complaint on parties pursuant to Fed.R.Bankr.P. 7004, and file a certificate of service with the Court. Answer Due by 8/16/2023. United States and its offices and agencies answer due by 8/21/2023. (saa, Law Clerk) |
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| 12 | 12
order
Order (Virtual Event)
Mon 07/17 2:06 PM
Order: On July 17, 2023, plaintiffs filed a complaint. ECF No.10 . Paragraph 14 of the complaint states that copies of the contracts between the plaintiffs and NOVO Health Technology Group LLC, are, respectively, "attached to the Declaration of Brian Lohrbach, M.D" and "attached to the Declaration of Richard A. Staehler, M.D." "being filed . . . contemporaneously with this Complaint as Exhibit A thereto"; however, there is no exhibit A attached to the complaint. ECF No. 10, at 3-4. Plaintiffs must file all exhibits to their complaint by no later than 5:00 p.m. on July 17, 2023. s/ G. Michael Halfenger Chief Bankruptcy Judge . (Halfenger, G.) |
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| 11 | 11
court
Hearing Set (Adv Other)
Mon 07/17 12:44 PM
The court will hold a hearing on the plaintiffs' emergency motion for preliminary injunctive relief and temporary restraining order at 4:00 p.m. on July 18, 2023, by telephone. Hearing to be held on 7/18/2023 at 04:00 PM Telephone Hearing To appear by telephone, you must call the court conference line at 1-888-684-8852, and enter access code 7183566 before the scheduled hearing time. (saa, Law Clerk) |
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| 10 | 10
cmp
Amended Complaint
Mon 07/17 12:13 PM
Amended Complaint by Robert N. Duimstra on behalf of Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley against Neurospine Center of Wisconsin, S.C., Orthopedic & Sports Institute of the Fox Valley. . (Duimstra, Robert) |
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| 9 | 9
misc
Notice of Appearance and Request for Notice
Mon 07/17 9:54 AM
Notice of Appearance and Request for Notice Filed by NOVO Health Technology Group, LLC (Swanson, Paul) |
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| 8 | 8
misc
Notice of Appearance and Request for Notice
Mon 07/17 9:45 AM
Notice of Appearance and Request for Notice Filed by NOVO Health Technology Group, LLC (Menn, John) |
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| 7 | 7
order
Order (Virtual Event)
Mon 07/17 2:48 AM
Order: On July 16, 2023, plaintiffs Orthopedic & Sports Institute of the Fox Valley, S.C., and NeuroSpine Center of Wisconsin, S.C., attempted to commence an adversary proceeding against the debtor. But in place of filing a complaint, they (mis)filed a motion, which they later withdrew without filing a replacement complaint. They also separately filed a motion for preliminary injunctive relief and a temporary restraining order and a motion for expedited consideration of that requested relief. Their motion to expedite contends that the debtor has threatened to terminate access to its electronic health records system on July 17, 2023, which will cause the plaintiffs to suffer irreparable harm. Their motion for a TRO and preliminary injunctive relief is currently supported only by a declaration of their counsel, who presumably lacks personal knowledge of the effects of termination on the plaintiffs, that is filed only in the main bankruptcy case. Regardless, based on the court's preliminary review of the papers filed in this improperly commenced adversary proceeding, and related filings in the main case, IT IS ORDERED that: 1.By no later than 1:00 p.m. July 17, 2023, the plaintiffs must file (in this adversary proceeding and in the debtor's main bankruptcy case) a complaint that properly commences this adversary proceeding. If the plaintiffs fail to meet this deadline, the remaining provisions of this order are ineffective and the motion for an expedited hearing is denied. 2.The debtor must file a preliminary response to the request for a temporary restraining order and preliminary injunctive relief by no later than noon, July 18, 2023. 3.The court will hold a preliminary hearing on the plaintiffs' emergency motion for preliminary injunctive relief and temporary restraining order at 4:00 p.m., July 18, 2023, by telephone. To appear by telephone, you must call the court conference line at 1-888-684-8852, and enter access code 7183566 before the scheduled hearing time. 4.The plaintiffs' motion for an expedited hearing, ECF No. <4>, is granted to the extent provided in this order and is otherwise denied. s/ G. Michael Halfenger Chief Bankruptcy Judge . (Halfenger, G.) |
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| Sunday, July 16, 2023 | ||
| 6 | 6
misc
Withdraw Document
Sun 07/16 8:04 PM
Withdrawal of Document. This document is being withdrawn because wrong pleading attached for filing Filed by Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 5 | 5
crditcrd
none
Sun 07/16 7:32 PM
Receipt of Complaint([LINK 23-02084 gmh] ) [cmp,cmp] ( 350.00) Filing Fee. Receipt number A22096123. Fee amount 350.00 . (U.S. Treasury) |
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| 4 | 4
motion
Expediting Hearing
Sun 07/16 7:30 PM
Emergency Motion to Expedite Hearing Plaintiffs' Motion for Emergency/Expedited Hearing on Plaintiffs' Emergency Motion for a Preliminary Injunction and Temporary Restraining Order Preventing the Debtor from Terminating Patient and Provider Access to Epic's Electronic Health Records System and Certificate Regarding Request for Emergency/Expedited Hearing and Certificate of Service Filed by Plaintiff Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 3 | 3
motion
Preliminary Injunction
Sun 07/16 7:19 PM
Emergency Motion for Preliminary Injunction and Temporary Restraining Order Filed by Plaintiff Orthopedic & Sports Institute of the Fox Valley (Duimstra, Robert) |
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| 2 | 2
notice
Notice (Generic)
Sun 07/16 7:13 PM
Joint Notice of Plaintiffs' Emergency Motion for a Preliminary Injunction and Temporary Restraining Order Plaintiff Neurospine Center of Wisconsin, S.C. (Duimstra, Robert) |
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| 1 | 1
cmp
Complaint
Sun 07/16 7:04 PM
Adversary case 23-02084 Complaint by Orthopedic & Sports Institute of the Fox Valley (attorney Robert N. Duimstra), Neurospine Center of Wisconsin, S.C. (attorney Robert N. Duimstra) against NOVO Health Technology Group, LLC. Fee Amount $350 (72 (Injunctive relief - other),14 (Recovery of money/property - other),02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Duimstra, Robert) |
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