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 47 |
Filed: 7/29/2019, Entered: 7/29/2019 |
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Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Pacho, Arnold)
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| 46 |
Filed: 7/29/2019, Entered: 7/29/2019 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered. The court having confirmed the May 31, 2019 Arbitration award by consent of all parties dismissing all claimants' claims with prejudice, the Clerk is directed to close this case. (Pacho, Arnold)
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| 45 |
Filed: 7/2/2019, Entered: 7/2/2019 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 44 Motion To Join Family First Medical Center, P.A. Pursuant To FRCP Rule 20(a) And To Confirm The May 31, 2019 Arbitration Award. (Pacho, Arnold)
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| 44 |
Filed: 7/1/2019, Entered: 7/1/2019 |
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MOTION To Join Family First Medical Center, P.A. Pursuant To FRCP Rule 20(a) And To Confirm The May 31, 2019 Arbitration Award (UNOPPOSED MOTION) by eClinicalWorks, LLC. (Attachments: # 1 Exhibit 1 (Final Consent Award))(Carroll, James)
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Request |
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| 43 |
Filed: 6/10/2019, Entered: 6/10/2019 |
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STATUS REPORT (Seventh Joint Status Report Regarding Arbitration) by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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| 42 |
Filed: 4/9/2019, Entered: 4/9/2019 |
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STATUS REPORT (Sixth Joint Status Report Regarding Arbitration) by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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| 41 |
Filed: 2/8/2019, Entered: 2/8/2019 |
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STATUS REPORT (Fifth Joint Status Report Regarding Arbitration) by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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Filed: 3/29/2018, Entered: None |
Unknown Document Type |
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Judge Richard G. Stearns: ORDER entered. Case stayed. (Pacho, Arnold)
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Request |
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| 40 |
Filed: 12/10/2018, Entered: 12/10/2018 |
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STATUS REPORT (Fourth Joint Status Report Regarding Arbitration) by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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| 39 |
Filed: 10/9/2018, Entered: 10/9/2018 |
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STATUS REPORT (Third Joint Status Report Regarding Arbitration) by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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| 38 |
Filed: 8/10/2018, Entered: 8/10/2018 |
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STATUS REPORT (Second Joint Status Report Regarding Arbitration) by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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| 37 |
Filed: 6/11/2018, Entered: 6/11/2018 |
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STATUS REPORT (First Joint Status Report Regarding Arbitration) by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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| 36 |
Filed: 5/17/2018, Entered: 5/17/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered directing the parties to file a status report regarding their arbitration proceedings every sixty days commencing on June 11, 2018, and within ten days of their completion of arbitration. SO ORDERED. (Zierk, Marsha)
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Request |
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| 35 |
Filed: 3/29/2018, Entered: 3/29/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 20 Motion to Compel. Defendant eClinical Works, LLCs Motion to Compel Arbitration is ALLOWED and the matter is STAYED pending arbitration. The operative provision in the contract in question provides that "[i]n the event of any dispute, the parties agree that the first recourse to resolution shall be by arbitration, and that no action at law shall be taken by either party previous to an unsuccessful resolution by arbitration." It is axiomatic in the work of the federal courts that "questions of arbitrability must be addressed with a healthy regard for the federal policy favoring arbitration," Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983), particularly when, as here, the parties are both commercial entities. This strong presumption in favor of arbitration may "only [be] overcome if it may be said with 'positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.'" First Sealord Sur., Inc. v. TLT Const. Corp., 765 F. Supp. 2d 66, 72 (D. Mass. 2010) (citations omitted). As one other federal court has found in the course of interpreting the precise contractual language at issue, see SGC Health Grp., Inc. v. Eclinicalworks, LLC, 2016 WL 2595109 (N.D. Tex. May 4, 2016), the dispute settlement clause clearly stipulates that arbitration is an obligatory antecedent to judicial review, and the court agrees with this interpretation. The case will therefore be STAYED pending arbitration, and eClinical's Motion to Compel Arbitration is ALLOWED. (RGS, law2)
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Request |
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| 30 |
Filed: 3/29/2018, Entered: 3/29/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 25 Assented to Motion to Seal. (Pacho, Arnold)
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Request |
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| 29 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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DECLARATION re 26 Opposition to Motion of Kara White by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Exhibit 1 (redacted))(Roddy, John)
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Request |
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| 28 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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DECLARATION re 26 Opposition to Motion of Perrin Curran by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Exhibit 1 (redacted))(Roddy, John)
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Request |
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 27 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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DECLARATION re 26 Opposition to Motion of John T. Nicolaou by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 (filed under seal), # 6 Exhibit 6 (filed under seal), # 7 Exhibit 7 (filed under seal), # 8 Exhibit 8 (filed under seal), # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Roddy, John)
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| 26 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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Opposition re 20 MOTION to Compel Arbitration And Dismiss The Proceeding Or, In The Alternative, Stay The Proceeding (Oral Argument Requested) (Redacted) filed by Carrollton Family Clinic, LLC, Perrin Curran. (Roddy, John)
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Request |
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| 25 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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Assented to MOTION to Seal by Carrollton Family Clinic, LLC, Perrin Curran.(Roddy, John)
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Request |
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| 24 |
Filed: 2/22/2018, Entered: 2/22/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to File Response/Reply. While the court does not consider a 42-day response period a "short" amount of time where the rules prescribes 14 days, notwithstanding, the court will permit the extension until March 30, 2018, but no longer. (Zierk, Marsha)
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Request |
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| 23 |
Filed: 2/21/2018, Entered: 2/21/2018 |
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Assented to MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Compel Arbitration And Dismiss The Proceeding Or, In The Alternative, Stay The Proceeding (Oral Argument Requested) by Carrollton Family Clinic, LLC, Perrin Curran.(Roddy, John)
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Request |
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| 22 |
Filed: 2/16/2018, Entered: 2/16/2018 |
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DECLARATION re 20 MOTION to Compel Arbitration And Dismiss The Proceeding Or, In The Alternative, Stay The Proceeding (Oral Argument Requested) by eClinicalWorks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Carroll, James)
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Request |
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| 21 |
Filed: 2/16/2018, Entered: 2/16/2018 |
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MEMORANDUM in Support re 20 MOTION to Compel Arbitration And Dismiss The Proceeding Or, In The Alternative, Stay The Proceeding (Oral Argument Requested) filed by eClinicalWorks, LLC. (Carroll, James)
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Request |
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| 20 |
Filed: 2/16/2018, Entered: 2/16/2018 |
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MOTION to Compel Arbitration And Dismiss The Proceeding Or, In The Alternative, Stay The Proceeding (Oral Argument Requested) by eClinicalWorks, LLC.(Carroll, James)
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Request |
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| 19 |
Filed: 2/7/2018, Entered: 2/7/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 18 Motion for Leave to Appear Pro Hac Vice. Added Jessica D. Miller and Geoffrey M. Wyatt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
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Request |
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| 18 |
Filed: 2/6/2018, Entered: 2/6/2018 |
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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jessica D. Miller and Geoffrey M. Wyatt Filing fee: $ 200, receipt number 0101-6996343 by eClinicalWorks, LLC. (Attachments: # 1 Exhibit 1 (Certification of Jessica D. Miller), # 2 Exhibit 2 (Certification of Geoffrey M. Wyatt))(Carroll, James)
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Request |
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| 17 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice Added Brett A. Ialacci. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
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Request |
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| 16 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added Jonathan D. Selbin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
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Request |
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| 15 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added John T. Nicolaou. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
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Request |
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| 14 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Mark P. Chalos. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
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Request |
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| 13 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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MOTION for Leave to Appear Pro Hac Vice for admission of Brett A. Ialacci Filing fee: $ 100, receipt number 0101-6971084 by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Affidavit of Brett A. Ialacci)(Roddy, John)
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Request |
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| 12 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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MOTION for Leave to Appear Pro Hac Vice for admission of Jonathan D. Selbin Filing fee: $ 100, receipt number 0101-6971070 by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Affidavit of Jonathan D. Selbin)(Roddy, John)
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Request |
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| 11 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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MOTION for Leave to Appear Pro Hac Vice for admission of John T. Nicolaou Filing fee: $ 100, receipt number 0101-6971062 by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Affidavit of John T. Nicolaou)(Roddy, John)
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Request |
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| 10 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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MOTION for Leave to Appear Pro Hac Vice for admission of Mark P. Chalos Filing fee: $ 100, receipt number 0101-6971022 by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Affidavit of Mark P. Chalos)(Roddy, John)
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Request |
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| 9 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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Set/Reset Deadlines: eClinicalWorks, LLC Answer due 2/16/2018 in accordance with docket entry 7. (Caruso, Stephanie)
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Request |
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| 8 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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SUMMONS Returned Executed eClinicalWorks, LLC served on 12/27/2017, answer due 1/17/2018. (Roddy, John)
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Request |
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| 7 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion for Extension of Time until 2/16/2018, to file a Response to the Complaint. (Zierk, Marsha)
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Request |
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| 6 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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Assented to MOTION for Extension of Time to February 16, 2018 to Move, Answer Or Otherwise Respond To 1 Complaint by eClinicalWorks, LLC.(Carroll, James)
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Request |
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| 5 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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CORPORATE DISCLOSURE STATEMENT by eClinicalWorks, LLC. (Carroll, James)
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Request |
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| 4 |
Filed: 1/8/2018, Entered: 1/8/2018 |
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NOTICE of Appearance by James R. Carroll on behalf of eClinicalWorks, LLC (Carroll, James)
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Request |
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| 3 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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Summons Issued as to eClinicalWorks, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina)
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Request |
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| 2 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Halley, Taylor)
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Request |
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 1 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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COMPLAINT against eClinicalWorks, LLC Filing fee: $ 400, receipt number 0101-6938443 (Fee Status: Filing Fee paid), filed by Carrollton Family Clinic, LLC, Perrin Curran. (Attachments: # 1 Exhibit 1 - Carrollton Family Clinic Contract (Redacted), # 2 Exhibit 2 - ECW Contract 2009 (Redacted), # 3 Exhibit 3 - Signed Assignment of Claims & check copy (Redacted), # 4 Exhibit 4 - Corporate Integrity Agreement, # 5 Civil Cover Sheet, # 6 Category Form)(Roddy, John) (Attachment 5 replaced on 12/21/2017) (McDonagh, Christina). (Attachment 3 replaced on 12/21/2017) (McDonagh, Christina).
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