Nosti v. Chelsea Thomas, N.P.
| Virginia Eastern District Court | |
| Judge: | Anthony J Trenga |
| Referred: | William E Fitzpatrick |
| Case #: | 1:24-cv-00379 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1332 Diversity-Medical Malpractice |
| Case Filed: | Mar 08, 2024 |
| Terminated: | Oct 30, 2024 |
| Last checked: Thursday Sep 05, 2024 4:57 AM EDT |
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Defendant
Minute Clinic Diagnostic of Virginia, LLC
3133 Lee Highway Lyons Village Shopping Center
Arlington, VA 22201 |
Represented By
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Plaintiff
Vivian Nosti
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Represented By
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| TERMINATED PARTIES | |
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Defendant
CVS Health Corporation
Terminated: 04/11/2024
3133 Lee Highway Lyons Village Shopping Center
Arlington, VA 22201 |
Represented By
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Defendant
Chelsea Thomas, N.P.
Terminated: 04/11/2024
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Represented By
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| Docket last updated: 9 hours ago |
| Wednesday, October 30, 2024 | ||
| 36 | 36
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pgs
order
Order
Wed 10/30 5:34 PM
ORDERED that on the motion of the Defendant Minute Clinic Diagnostic of Virginia, LLC, [Doc. No. 34], without objection by the Plaintiff, it is hereby ADJUDGED, ORDERED, and DECREED that this action is DISMISSED WITH PREJUDICE. Signed by District Judge Anthony J Trenga on 10/30/2024. (kgall) |
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| 35 | 35
notice
Notice (other)
Wed 10/30 12:27 PM
NOTICE by Minute Clinic Diagnostic of Virginia, LLC Final Dismissal Order (Warden, Michelle) |
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| 34 | 34
motion
Dismiss
Wed 10/30 12:16 PM
MOTION to Dismiss by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| Wednesday, September 04, 2024 | ||
| 33 | 33
1
pgs
order
Order on Motion in Limine Order on Motion for Summary Judgment
Wed 09/04 2:44 PM
ORDER denying27 Motion in Limine and denying22 Motion for Summary Judgment. ORDERED that the jury trial currently scheduled for September 30, 2024 be, and the same hereby is, CANCELED. The Court will retain jurisdiction over the case pending the submission of the notice of voluntary dismissal pursuant to the agreement of the Parties. Signed by District Judge Anthony J Trenga on 09/04/2024. (wgar, ) |
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| Tuesday, September 03, 2024 | ||
| 32 | 32
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pgs
respm
Memorandum in Support
Tue 09/03 1:05 PM
Memorandum in Support re22 MOTION for Summary Judgment List of Authorities Cited in MinuteClinic's Reply Brief in Support of Motion for Summary Judgment filed by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| 31 | 31
respoth
Reply Other
Tue 09/03 12:44 PM
Reply to22 MOTION for Summary Judgment Reply Brief in Support of Motion for Summary Judgment filed by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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minutes
Settlement Conference
Tue 09/03 3:10 PM
Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Settlement Conference held on 09/03/2024. Appearances of counsel. Case settled (per WEF chambers). (jlan) |
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| Thursday, August 29, 2024 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Thu 08/29 11:50 AM
Set Deadline as to27 First MOTION in Limine. Motion Hearing set for 9/25/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. (triv) |
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| Wednesday, August 28, 2024 | ||
| 30 | 30
misc
Notice of Hearing Date
Wed 08/28 1:36 PM
Notice of Hearing Date re27 First MOTION in Limine (Roberson, Matthew) |
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misc
Notice of Correction
Wed 08/28 10:52 AM
Notice of Correction in re29 Notice of Hearing Date. The filing user has been notified to refile the notice of hearing which requests a Wednesday date. (triv) |
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| Tuesday, August 27, 2024 | ||
| 29 | 29
misc
Notice of Hearing Date
Tue 08/27 4:37 PM
Notice of Hearing Date re27 First MOTION in Limine (Roberson, Matthew) |
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| 28 | 28
4
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respm
Memorandum in Support
Tue 08/27 4:35 PM
Memorandum in Support re27 First MOTION in Limine filed by Vivian Nosti. (Roberson, Matthew) |
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| 27 | 27
motion
In Limine
Tue 08/27 4:34 PM
First MOTION in Limine by Vivian Nosti. (Roberson, Matthew) |
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| Monday, August 26, 2024 | ||
| 26 | 26
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pgs
respm
Memorandum in Opposition
Mon 08/26 11:47 AM
Memorandum in Opposition re22 MOTION for Summary Judgment filed by Vivian Nosti.(Roberson, Matthew) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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| Tuesday, August 13, 2024 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Tue 08/13 11:23 AM
Set Deadline as to22 MOTION for Summary Judgment. Motion Hearing set for 9/18/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. (triv) |
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| Monday, August 12, 2024 | ||
| 25 | 25
notice
Request for Hearing
Mon 08/12 3:36 PM
Request for Hearing by Minute Clinic Diagnostic of Virginia, LLC re24 Brief in Support,,,22 MOTION for Summary Judgment ,23 Memorandum in Support Notice of Hearing (Warden, Michelle) |
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| 24 | 24
respoth
Brief in Support
Mon 08/12 3:26 PM
Brief in Support to23 Memorandum in Support,22 MOTION for Summary Judgment Brief in Support of Motion for Summary Judgment filed by Minute Clinic Diagnostic of Virginia, LLC.(Warden, Michelle) |
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Att: 1
Exhibit A - Motion for Summary Judgment - Plaintiff's Answers to First Interrogatories,
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Att: 2
Exhibit B - Motion for Summary Judgment - Defendant's Answers to First Interrogatories,
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Att: 3
Exhibit C - Motion for Summary Judgment - Plaintiff's transcript,
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Att: 4
Exhibit D - Motion for Summary Judgment - NP Thompson's transcript,
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Att: 5
Exhibit E - Motion for Summary Judgment - MinuteClinic records,
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Att: 6
Exhibit F - Motion for Summary Judgment - Plaintiff's Expert Designation,
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Att: 7
Exhibit G - Motion for Summary Judgment - Dr. Pilkington's transcript
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| 23 | 23
3
pgs
respm
Memorandum in Support
Mon 08/12 3:14 PM
Memorandum in Support re22 MOTION for Summary Judgment List of Authorities in Support of Motion for Summary Judgment filed by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| 22 | 22
motion
Summary Judgment
Mon 08/12 3:11 PM
MOTION for Summary Judgment by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| Thursday, August 08, 2024 | ||
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utility
Add and Terminate Attorneys
Thu 08/08 12:33 PM
Attorney Benjamin James Trichilo and Harvey Joseph Volzer were added to the case in error, they were previously withdrawn in Arlington County and have now been terminated. (jlan) |
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utility
Set/Reset Hearings
Thu 08/08 3:37 PM
Set/Reset Hearings: Settlement Conference set for 9/3/2024 at 10:30 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (per WEF chambers) (tfitz, ) |
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| Friday, July 26, 2024 | ||
| 21 | 21
misc
Rule 26 Disclosure
Fri 07/26 3:38 PM
Rule 26 Disclosure by Vivian Nosti. (Roberson, Matthew) |
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| 20 | 20
respoth
Objection
Fri 07/26 11:17 AM
Objection to14 Rule 26 Disclosure Objections to Plaintiff's Rule 26(a)(3) Pretrial Disclosures filed by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| Friday, July 19, 2024 | ||
| 19 | 19
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pgs
order
Order
Fri 07/19 1:07 PM
ORDER in re JURY TRIAL scheduled to begin on Monday, September 30, 2024 (see Order for details). Signed by District Judge Anthony J Trenga on 7/19/2024. (kgall) |
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| Thursday, July 18, 2024 | ||
| 18 | 18
minutes
Pretrial Conference - Final ~Util - Set Hearings ~Util - Alexandria Set/Reset Hearings
Thu 07/18 4:43 PM
Minute Entry for proceedings held before District Judge Anthony J. Trenga: Final Pretrial Conference held on 7/18/2024. Counsel appeared telephonically for Plaintiff and Defendant. Summary Judgment motions are to be filed by 8/12/2024. Summary Judgment Hearing set for 9/18/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. Jury Trial set for 9/30/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. Status Conference before Trial set for 9/30/2024 at 09:00 AM before District Judge Anthony J. Trenga. Motions in Limine are to be submitted 10 days before trial. Parties are directed to schedule a settlement conference with Magistrate Judge Fitzpatrick. Order to follow. (dzir) |
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| 17 | 17
trial
Statement of Undisputed Facts
Thu 07/18 10:33 AM
Statement of Undisputed Facts by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| 16 | 16
trial
Witness List
Thu 07/18 9:06 AM
Defendant's Rule 26(a)(3) Pretrial Disclosures Witness List by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| Wednesday, July 17, 2024 | ||
| 15 | 15
trial
Statement of Undisputed Facts
Wed 07/17 5:28 PM
Statement of Undisputed Facts by Vivian Nosti. (Roberson, Matthew) |
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| 14 | 14
misc
Rule 26 Disclosure
Wed 07/17 5:20 PM
Rule 26 Disclosure by Vivian Nosti. (Roberson, Matthew) |
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| Tuesday, July 16, 2024 | ||
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utility
Set/Reset Hearings
Tue 07/16 12:35 PM
Reset Hearings: Final Pretrial Conference reset for 7/18/2024 at 10:45 AM in Alexandria Telephonically before District Judge Anthony J. Trenga. (dzir) |
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| Thursday, May 23, 2024 | ||
| 13 | 13
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Fri 05/24 7:50 AM
ORDERED that Plaintiff's deadline for submitting expert witness disclosures is extended to June 18, 2024, and Defendant's deadline for submitting expert witness disclosures is extended to July 17, 2024. Rebuttal expert disclosures, if any, shall be due on July 22, 2024 in re12 First MOTION for Extension of Time to Complete Discovery for Rule 26(a)(2) Disclosures. Signed by Magistrate Judge William E. Fitzpatrick on 5/23/2024. (swil) |
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| 12 | 12
motion
Extension of Time to Complete Discovery
Thu 05/23 1:07 PM
First MOTION for Extension of Time to Complete Discovery for Rule 26(a)(2) Disclosures by Vivian Nosti.(Roberson, Matthew) |
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Att: 1
Proposed Order
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| Thursday, April 11, 2024 | ||
| 11 | 11
1
pgs
order
Order on Motion to Dismiss
Thu 04/11 5:19 PM
ORDERED that the Motion [Doc. No. 6] be, and the same hereby is, GRANTED; and it is further ORDERED that Defendants Chelsea Thomas, N.P. and CVS Health Corporation be terminated as parties to this action (see Order for further details). Signed by District Judge Anthony J Trenga on 4/11/2024. (Dest) |
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| Wednesday, April 10, 2024 | ||
| 10 | 10
5
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order
Order Rule 16b Scheduling Order
Thu 04/11 11:31 AM
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in the Proposed Joint Discovery Plan pursuant to Fed. R. Civ. P. 26(f) (Joint Discovery Plan) (Dkt. 9) and at the initial pretrial conference held on April 10, 2024, and taking note of the Scheduling Order entered in this case (Dkt. 3), the court makes the following rulings: 1. All discovery shall be concluded by July 12, 2024, except for the expert disclosure deadlines as set forth below. 2. The Joint Discovery Plan filed by the parties is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the court. 3. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by April 24, 2024. 4. Expert disclosures shall be set forth as follows: Plaintiffs expert disclosures pursuant to Rule 26(a)(2) shall be due on June 13, 2024. Defendants expert disclosures pursuant to Rule 26(a)(2) shall be due on July 12, 2024. Rebuttal expert disclosures shall be due on July 17, 2024. To the extent the parties wish to modify expert deadlines, they must seek leave of court. 5. All dispositive motions and motions in limine shall be filed and heard on a date and time scheduled with the District Judge at the final pretrial conference. (see Order for complete details) Signed by Magistrate Judge William E. Fitzpatrick on 4/10/24. (tfitz, ) |
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minutes
Pretrial Conference - Initial
Thu 04/11 11:27 AM
Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Initial Pretrial Conference held via phone on 4/10/2024. Appearance of counsel. Joint Discovery Plan is adopted as amended. (per WEF chambers) (tfitz, ) |
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| Wednesday, April 03, 2024 | ||
| 9 | 9
misc
Discovery Plan
Wed 04/03 2:49 PM
Proposed Discovery Plan by Minute Clinic Diagnostic of Virginia, LLC.(Warden, Michelle) |
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| Thursday, March 21, 2024 | ||
| 8 | 8
1
pgs
order
Order
Fri 03/22 8:42 AM
ORDERED that the initial pretrial conference will be rescheduled for Wednesday, April 10, 2024, at 11:00 a.m. before the undersigned. Signed by Magistrate Judge William E. Fitzpatrick on 3/21/24. (tfitz, ) |
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utility
Set/Reset Scheduling Order Deadlines
Fri 03/22 8:44 AM
Set/Reset Scheduling Order Deadlines: Initial Pretrial Conference reset for 4/10/2024 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (tfitz, ) |
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| Wednesday, March 20, 2024 | ||
| 7 | 7
notice
Notice (other)
Wed 03/20 3:03 PM
NOTICE of Wavier of Oral Argument by CVS Health Corporation re6 MOTION to Dismiss (Warden, Michelle) |
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misc
Notice of Correction
Wed 03/20 9:48 AM
Notice of Correction re4 Notice of Appearance. Unfortunately the document contains more than one pleading. (As a reminder, we request that filing users file a copy of the same document separately for each pleading or motion relief.) Please file the Notice of Appearance again for attorney Steve M Frei, Esq. separately using attorney Steve M Frei, Esq. filing user's login.(Dest) |
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misc
Notice of Correction
Wed 03/20 9:51 AM
Notice of Correction re6 MOTION to Dismiss. Unfortunately the Motion was filed without a Notice of Hearing Date. The filing user has been notified to file a Notice of Hearing Date, or a Notice of Waiver of Oral Argument. (Dest) |
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| Monday, March 18, 2024 | ||
| 6 | 6
motion
Dismiss
Mon 03/18 4:10 PM
MOTION to Dismiss by CVS Health Corporation, Chelsea Thomas, N.P..(Warden, Michelle) |
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Att: 1
Proposed Order Dismissal Order
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| 5 | 5
notice
Notice (other)
Mon 03/18 1:43 PM
NOTICE by Vivian Nosti Notice of Prior Withdrawal of Counsel(Roberson, Matthew) |
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Att: 1
Exhibit Exhibit A
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| 4 | 4
notice
Notice of Appearance
Mon 03/18 1:29 PM
NOTICE of Appearance by Matthew Arthur Roberson on behalf of Vivian Nosti (Roberson, Matthew) |
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| Wednesday, March 13, 2024 | ||
| 3 | 3
order
Scheduling Order
Wed 03/13 9:18 AM
SCHEDULING ORDER: Initial Pretrial Conference set for 4/3/2024 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. Final Pretrial Conference set for 7/18/2024 at 10:00 AM in Alexandria Telephonically before District Judge Anthony J. Trenga. Discovery due by 7/12/2024. Signed by District Judge Anthony J. Trenga on 3/13/2024.(dzir) |
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Att: 1
Magistrate Consent,
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Att: 2
Pretrial Notice
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| Friday, March 08, 2024 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Fri 03/08 12:23 PM
Corporate Disclosure Statement by Minute Clinic Diagnostic of Virginia, LLC. (Warden, Michelle) |
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| 1 | 1
cmp
Notice of Removal
Fri 03/08 12:18 PM
Notice of Removal ( Filing fee $ 405, receipt number AVAEDC-9405220.), filed by Minute Clinic Diagnostic of Virginia, LLC.(Warden, Michelle) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D
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utility
Initial Case Assignment
Tue 03/12 2:29 PM
Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge William E. Fitzpatrick. (Cwel) |
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