Diamond v. ValueHealth, LLC.
| Ohio Northern District Court | |
| Judge: | Donald C Nugent |
| Case #: | 5:23-cv-02363 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Dec 12, 2023 |
| Terminated: | Feb 20, 2025 |
| Case in other court: | Summit County Court of Common Pleas, CV-23-00011-4205 |
| Last checked: Sunday Jun 09, 2024 6:11 AM EDT |
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Counter-Claimant
ValueHealth, LLC.
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Represented By
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Counter-Defendant
Brennan Manna Diamond, LLC
75 E. Market Street
Akron, OH 44308 |
Represented By
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Counter-Defendant
Jack Diamond
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Represented By
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Defendant
ValueHealth, LLC.
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Represented By
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Plaintiff
Jack Diamond
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Represented By
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GPO
Mar 19 2024
Memorandum Opinion and Order. For the reasons set forth, Defendant ValueHealth's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 13(b)(6) (ECF # 6) is DENIED. IT IS SO ORDERED. Status Conference set for 4/1/2024 at 9:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. Judge Donald C. Nugent on 3/19/2024. (H,Ch) |
| Docket last updated: 7 hours ago |
| Thursday, February 20, 2025 | ||
| 49 | 49
2
pgs
order
Order Dismissing Case
Thu 02/20 3:33 PM
Order of Dismissal . The parties have filed a Stipulated Notice of Dismissal with Prejudice (ECF #48 ). Therefore, this action is dismissed with prejudice, with each party to bear its own fees and costs. The Court retains jurisdiction over the settlement agreement related to this matter. re48 . Judge Donald C. Nugent on 2/20/2025. (M,S) |
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| 48 | 48
notice
Stipulation (atty event)
Thu 02/20 3:14 PM
Proposed Stipulation of Dismissal with Prejudice filed by Jack Diamond. |
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| Tuesday, January 28, 2025 | ||
| 47 | 47
minutes
Status Conference
Tue 01/28 9:35 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 1/28/2025 with all counsel participating. After participating in mediation on 1/21/2025, all parties have reached a resolution in the case, and are preparing papers to dismiss the case within the next 30 days. (Court Reporter: None.) Time: 10 minutes. (M,S) |
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| Wednesday, December 11, 2024 | ||
| 46 | 46
minutes
Status Conference
Wed 12/11 10:45 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 12/11/2024 with all counsel participating. Mediation with Mike Unger is scheduled for 1/21/2025 with all parties participating. Next Status Conference set for 1/28/2025 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
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| Thursday, September 12, 2024 | ||
| 45 | 45
minutes
Status Conference
Thu 09/12 11:32 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 9/12/2024 with all counsel participating. Discovery on-going. Parties are going to have a mediation with Mike Ungar in October or November. Discovery extended to 3/1/2025. Next Status Conference set for 12/11/2024 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
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| Wednesday, August 14, 2024 | ||
| 44 | 44
notice
Notice of Deposition (atty event)
Wed 08/14 11:20 AM
Second Amended Notice of Videotaped Deposition of Scott Palecki on September 10, 2024 filed by Jack Diamond. Related document(s)39 and40 . (DeSaussure, Hamilton) Modified text on 8/14/2024 (B,DL) |
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| Monday, August 12, 2024 | ||
| 43 | 43
notice
Notice of Service (atty event)
Mon 08/12 2:43 PM
Notice of Service of Plaintiffs Responses to ValueHealths LLCs First Set of Interrogatories and Requests for Admission and Second Set of Requests for Production of Documents filed by Jack Diamond. (DeSaussure, Hamilton) |
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| Tuesday, July 16, 2024 | ||
| 42 | 42
order
Stipulation & Order
Tue 07/16 12:00 PM
Stipulation & Order Regarding Modification to Protective Order Related to Documents From Medical Facilities Corporation Documents. re36 ,41 . Judge Donald C. Nugent on 7/16/2024. (M,S) |
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| Friday, July 12, 2024 | ||
| 41 | 41
notice
Stipulation (atty event)
Fri 07/12 1:33 PM
Proposed Stipulation Regarding Modification to Protective Order Related to Documents From Medical Facilities Corporation Documents filed by ValueHealth, LLC.. (Zbiegien, Michael) |
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| 40 | 40
notice
Notice of Deposition (atty event)
Fri 07/12 9:46 AM
Amended Notice to take Deposition of Scott Palecki on July 24, 2024 filed by Jack Diamond. (DeSaussure, Hamilton) |
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| Wednesday, July 03, 2024 | ||
| 39 | 39
notice
Notice of Deposition (atty event)
Wed 07/03 11:42 AM
Notice to take Deposition of Scott Palecki on July 24, 2024 filed by Jack Diamond. |
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| Thursday, June 13, 2024 | ||
| 38 | 38
notice
Notice of Deposition (atty event)
Thu 06/13 9:00 AM
Second Amended Notice of Video Deposition of Dan Tasset on June 21, 2024 beginning at 9:00 a.m. filed by Jack Diamond. (DeSaussure, Hamilton) |
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| Tuesday, June 04, 2024 | ||
| 37 | 37
minutes
Status Conference
Tue 06/04 9:36 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 6/4/2024 with all counsel participating. Protective Order entered and parties are scheduling several depositions. Discovery on-going and fact discovery closes 11/24/2024. Next Status Conference set for 9/12/2024 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. Related document(s)36 . (M,S) |
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| Wednesday, May 15, 2024 | ||
| 36 | 36
minutes
~Util - Terminate Motions Protective Order
Wed 05/15 3:57 PM
Stipulated Protective Order regarding confidential documents. Judge Donald C. Nugent on 5/15/2024. (M,S) |
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| 35 | 35
motion
Protective Order
Wed 05/15 11:20 AM
Joint Motion for protective order filed by Counter-Claimant ValueHealth, LLC.(Larsen, Lynn) |
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Att: 1
Exhibit A Proposed Protective Order
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| Friday, May 10, 2024 | ||
| 34 | 34
minutes
Status Conference ~Util - Set Hearings
Fri 05/10 11:13 AM
Minutes of proceedings before Judge Donald C. Nugent.Telephonic Status Conference held on 5/10/2024 with all counsel participating. Parties will try to reach a resolution on a Protective Order. If unsuccesful, parties are to contact the Court for Status Conference set for 5/13/2024 at 08:30 AM, to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. (Court Reporter: None.)Time: 20 minutes. (F,AW) |
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| Thursday, May 09, 2024 | ||
| 33 | 33
oth_ans
Response/Reply/Sur-Reply
Thu 05/09 4:43 PM
Brennan Manna & Diamond, LLC's Response to ValueHealth's Letter Request for Relief filed by Brennan Manna Diamond, LLC. Related document(s)31 . (Mazgaj, Frank) |
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| 32 | 32
oth_ans
Response/Reply/Sur-Reply
Thu 05/09 12:46 PM
Diamond's Response to ValueHealth's Letter Request for Relief filed by Jack Diamond. Related document(s)31 . |
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Att: 1
Exhibit A - November 10, 2020 email from Dan Tasset,
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Att: 2
Exhibit B - November 23, 2020 email from Scott Palecki,
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Att: 3
Exhibit C - April 11, 2024 email from Orville Reed,
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Att: 4
Exhibit D - April 17, 2024 Letter from Hamilton DeSaussure,
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Att: 5
Exhibit E - Value Health, LLC's Objections and Responses to Jack Diamond's First Requests for Production of Documents
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| Tuesday, May 07, 2024 | ||
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oth_evt
Notice of Hearing or Conference
Tue 05/07 10:59 AM
IMPORTANT: Notice [non-document] of Status Conference re31 set for 5/9/2024 at 10:30 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. Related document(s)31 . (M,S) |
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oth_evt
Notice of Hearing or Conference
Tue 05/07 11:32 AM
IMPORTANT: Notice [non-document] continuing Status Conference. Status Conference re31 re-set for 5/10/2024 at 10:30 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. Related document(s)31 . (M,S) |
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| Monday, May 06, 2024 | ||
| 31 | 31
oth_doc
Letter (atty event)
Mon 05/06 5:22 PM
Letter to Judge Nugent requesting Local Rule 37.1 Telephone Conference filed by ValueHealth, LLC.. (Larsen, Lynn) |
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| Monday, April 29, 2024 | ||
| 30 | 30
notice
Corporate Disclosure Statement (atty event)
Mon 04/29 9:29 AM
Corporate Disclosure Statement filed by Brennan Manna Diamond, LLC. (Mazgaj, Frank) |
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| Friday, April 26, 2024 | ||
| 29 | 29
oth_ans
Answer
Fri 04/26 10:46 AM
Answer to the Counterclaim of ValueHealth, LLC filed by Jack Diamond. Related document(s)19 . |
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| Thursday, April 25, 2024 | ||
| 28 | 28
answer
Answer/Reply to Counterclaim
Thu 04/25 4:51 PM
Reply to19 Answer to Complaint, Counterclaim of ValueHealth, LLC filed by Brennan Manna Diamond, LLC. (Mazgaj, Frank) |
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| 27 | 27
notice
Attorney Appearance (atty event)
Thu 04/25 4:44 PM
Attorney Appearance by Frank G. Mazgaj filed by on behalf of Brennan Manna Diamond, LLC, Jack Diamond. (Mazgaj, Frank) |
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| Thursday, April 18, 2024 | ||
| 26 | 26
service
Return of Service Executed
Thu 04/18 11:36 AM
Return of Service by Clerk by certified mail executed upon Brennan Manna Diamond, LLC on 4/16/2024, filed on behalf of ValueHealth, LLC. Related document(s)22 . (R,AP) |
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| Wednesday, April 17, 2024 | ||
| 25 | 25
1
pgs
order
Order on Motion for extension of time (other)
Wed 04/17 3:31 PM
Marginal Entry Order granting Plaintiff's24 Motion for extension of time until April 26, 2024 to Respond to Defendant's Counterclaim. Judge Donald C. Nugent on 4/17/2024. (M,S) |
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| 24 | 24
motion
Extension (other)
Wed 04/17 11:23 AM
Motion for extension of time until April 26, 2024 to Respond to Defendant's Counterclaim filed by Plaintiff Jack Diamond. (DeSaussure, Hamilton) |
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| Monday, April 15, 2024 | ||
| 23 | 23
notice
Notice of Deposition (atty event)
Mon 04/15 3:38 PM
Amended Notice to take Deposition of Dan Tasset via Video on May 16th, 2024 beginning at 9:00 a.m. filed by Jack Diamond. (DeSaussure, Hamilton) |
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| Friday, April 12, 2024 | ||
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oth_evt
Service by Clerk
Fri 04/12 1:48 PM
Service by Clerk. Summons and Complaint addressed to Brennan Manna Diamond, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 7002 3150 0003 3673 5050. (Crosby, Devon) |
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| Wednesday, April 03, 2024 | ||
| 22 | 22
oth_evt
Summons Issued
Wed 04/03 4:51 PM
Original Summons issued to counsel for service upon Brennan Manna Diamond, LLC. (P,G) |
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| Monday, April 01, 2024 | ||
| 21 | 21
minutes
Status Conference
Mon 04/01 10:30 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 4/1/2024 with all counsel participating. Case assigned to standard track. Discovery underway. Written document exchanges have taken place. Plaintiff to take several depositions. Defense believes that settlement before Judge Brennen is relevant to this case and Defendant has filed a multi-count counterclaim. Parties to submit Protective Order. Next Status Conference set for 6/4/2024 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
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| Friday, March 29, 2024 | ||
| 20 | 20
oth_doc
Praecipe
Fri 03/29 4:54 PM
Praecipe for issuance of Original Summons filed by ValueHealth, LLC..(Larsen, Lynn) |
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Att: 1
Summons
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| 19 | 19
answer
Answer to Complaint Counterclaim
Fri 03/29 4:28 PM
Answer to Complaint with Jury Demand , Counterclaim against Jack Diamond, Brennan Manna Diamond, LLC filed by ValueHealth, LLC.. (Larsen, Lynn) |
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| Tuesday, March 26, 2024 | ||
| 18 | 18
notice
Notice of Service (atty event)
Tue 03/26 3:01 PM
Notice of Service of Plaintiff's Responses to ValueHealth, LLC's First Request for Production of Documents Directed to Jack Diamond filed by Jack Diamond. |
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| Tuesday, March 19, 2024 | ||
| 17 | 17
minutes
~Util - Terminate Motions Memorandum Opinion and Order
Tue 03/19 1:15 PM
Memorandum Opinion and Order. For the reasons set forth, Defendant ValueHealth's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 13(b)(6) (ECF #6 ) is DENIED. IT IS SO ORDERED. Status Conference set for 4/1/2024 at 9:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. Judge Donald C. Nugent on 3/19/2024. (H,Ch) |
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| Monday, March 11, 2024 | ||
| 16 | 16
notice
Notice of Deposition (atty event)
Mon 03/11 1:26 PM
Notice to take Deposition of Dan Tasset via Video on April 11, 2024 at 9:00 a.m. filed by Jack Diamond. |
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| Thursday, February 29, 2024 | ||
| 15 | 15
notice
Initial Disclosures (atty event)
Thu 02/29 5:26 PM
Initial Disclosures filed by ValueHealth, LLC.. (Larsen, Lynn) |
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| 14 | 14
notice
Initial Disclosures (atty event)
Thu 02/29 4:16 PM
Initial Disclosures filed by Jack Diamond. |
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| Tuesday, February 27, 2024 | ||
| 13 | 13
resp
Reply
Tue 02/27 4:55 PM
Reply in support of6 Motion to dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by ValueHealth, LLC.. (Larsen, Lynn) |
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| 12 | 12
notice
Notice of Service (atty event)
Tue 02/27 11:16 AM
Notice of Service of Plaintiff Jack Diamond's First Request for Production of Documents Directed to Defendant and Plaintiff Jack Diamond's First Request for Admissions Directed to Defendant filed by Jack Diamond. |
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| Friday, February 23, 2024 | ||
| 11 | 11
1
pgs
order
Order on Motion for extension of time (other)
Fri 02/23 11:56 AM
Marginal Entry Order granting Defendant's10 Unopposed Motion for extension of time until 2/27/2024 to File Its Reply Brief in Support of6 Motion to dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) . Judge Donald C. Nugent on 2/23/2024.(M,S) |
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| Thursday, February 22, 2024 | ||
| 10 | 10
motion
Extension (other)
Thu 02/22 4:46 PM
Unopposed Motion for extension of time until 2/27/2024 to File Its Reply Brief in Support of Its Motion to Dismiss (ECF No. 6) filed by Defendant ValueHealth, LLC.. Related document(s)6 . (Larsen, Lynn) |
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| Wednesday, February 21, 2024 | ||
| 9 | 9
minutes
Case Management Conference
Wed 02/21 11:32 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Case Management Conference held on 2/21/2024. Case is assigned to the standard track. Fact Discovery due by 11/21/2024. Burden of Proof Expert Reports due by 12/21/2024, Rebuttal Reports due 45 days after initial reports. Expert Discovery to close 30 days after Rebuttal Reports. Status Conference set for 4/1/2024 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
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| Thursday, February 15, 2024 | ||
| 8 | 8
notice
Report of Parties Planning Meeting (atty event)
Thu 02/15 11:18 AM
Report of Parties' Planning Meeting Under Fed.R.Civ.P. 26(F), L.R. 16.3(b)(3) - filed by Jack Diamond. |
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| Friday, February 09, 2024 | ||
| 7 | 7
resp
Opposition
Fri 02/09 3:56 PM
Opposition to6 Motion to dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Jack Diamond. |
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Att: 1
Exhibit 1 - Plaintiffs' Complaint filed in Case No. 5:21-cv-01070-SL
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| Thursday, January 18, 2024 | ||
| 6 | 6
motion
Dismiss
Thu 01/18 3:39 PM
Motion to dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant ValueHealth, LLC.. Related document(s)1 .(Larsen, Lynn) |
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Att: 1
Exhibit A - Amended Complaint of HCFP
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| Wednesday, January 03, 2024 | ||
| 5 | 5
order
Case Management Conference Scheduling Order
Wed 01/03 1:41 PM
Case Management Conference Scheduling Order with case management conference on 2/21/2024 at 09:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a call with all parties connected and then contact the Court. Judge Donald C. Nugent on 1/3/2024. (M,S) |
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| Monday, December 18, 2023 | ||
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oth_evt
Remark by Finance
Mon 12/18 10:41 AM
Remark by Finance. Funds in the amount of $405.00 refunded on 12/18/2023 for receipt AOHNDC-12312605. (K,Ve) |
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| Thursday, December 14, 2023 | ||
| 4 | 4
motion
Leave
Thu 12/14 3:31 PM
Unopposed Motion for leave to Plead filed by Defendant ValueHealth, LLC.. Related document(s)1 . (Larsen, Lynn) |
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order
Order on Motion for leave
Thu 12/14 3:54 PM
Order [non-document] granting Defendant's Unopposed Motion for leave to Plead until 1/18/2024 . Judge Donald C. Nugent on 12/14/2023. (M,S) |
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| Wednesday, December 13, 2023 | ||
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oth_doc
Request to Clerk for Refund of Erroneous or Duplicate On-line Filing Fee Payment
Wed 12/13 8:16 AM
Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate filing fee paid. Receipt #: AOHNDC-12312605, as to ValueHealth, LLC. Related document(s)1 . (S,HR) |
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| Tuesday, December 12, 2023 | ||
| 3 | 3
oth_evt
Magistrate Consent Form Issued by Intake
Tue 12/12 2:19 PM
Magistrate Consent Form issued. (B,DL) |
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| 2 | 2
notice
Corporate Disclosure Statement (atty event)
Tue 12/12 2:01 PM
Corporate Disclosure Statement filed by ValueHealth, LLC. (Larsen, Lynn) |
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| 1 | 1
cmp
Notice of Removal
Tue 12/12 1:19 PM
Notice of Removal from Summit County Court of Common Pleas, case number CV-2023 11-4205 Filing fee paid $ 405.00. Receipt number AOHNDC-12312605. Filer has indicated that case may be related to terminated civil action 5:21-cv-1070 . Filed by ValueHealth, LLC. (Larsen, Lynn) |
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Att: 1
Exhibit A - Summons and Complaint,
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Att: 2
Exhibit B - Disclosure of Citizenship,
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Att: 3
Exhibit C - Service Page and Proof of Delivery,
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Att: 4
Civil Cover Sheet
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oth_doc
Request to Clerk for Refund of Erroneous or Duplicate On-line Filing Fee Payment
Tue 12/12 1:56 PM
Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: duplicate on-line filing fee payment. Receipt #: AOHNDC-12312590, filed by ValueHealth, LLC. Related document(s)1 . (Larsen, Lynn) |
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utility
Add and Terminate Judge
Tue 12/12 2:12 PM
Judge Donald C. Nugent assigned to case. (B,DL) |
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oth_evt
Random Assignment of Magistrate Judge
Tue 12/12 2:14 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (B,DL) |
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