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44 |
Filed: 2/25/2014, Entered: None |
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ORDER OF DISMISSAL: It is ORDERED that, consistent with, and subject to, the terms of the Settlement Agreement executed by the State of Tennessee, TOC, and Estey, all claims asserted on behalf of the State of Tennessee against TOC concerning the Covered Conduct as defined in the parties Settlement Agreement shall be DISMISSED with prejudice, and all remaining claims asserted against TOC in this section shall be DISMISSED with prejudice to Relator and without prejudice to the State of Tennessee. Having dismissed all claims against all parties, the Clerk is DIRECTED to CLOSE this case.Signed by Chief District Judge Thomas A Varlan on 2/25/14. (ABF) (Entered: 02/25/2014)
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Request |
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43 |
Filed: 2/24/2014, Entered: None |
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STIPULATION of Dismissal as to Defendant Tennessee Orthopaedic Clinics, PC by Douglas Estey, State of Tennessee. (Attachments: # 1 Exhibit TN Settlement Agreement)(Swiney, Elijah) (Entered: 02/24/2014)
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Request |
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42 |
Filed: 2/24/2014, Entered: None |
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ORDER OF DISMISSAL: It is ORDERED that, consistent with, and subject to, the terms of the Settlement Agreement executed by the United States, TOC, and Relator, all claims asserted on behalf of the United States against TOC in this action concerning the Covered Conduct as defined in Paragraph D of the TOC Settlement Agreement shall be dismissed with prejudice, and all remaining claims asserted against TOC in this action shall be dismissed with prejudice to Relator and without prejudice to the United States.Signed by Chief District Judge Thomas A Varlan on 2/24/14. (ABF) (Entered: 02/24/2014)
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Request |
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41 |
Filed: 2/21/2014, Entered: None |
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NOTICE of Voluntary Dismissal of party (Stipulation of Dismissal as to Tennessee Orthopaedic Clinics, P.C.) by Douglas Estey, United States of America (Attachments: # 1 Other Proposed Order)(Bauknight, Suzanne) (Entered: 02/21/2014)
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40 |
Filed: 2/11/2014, Entered: None |
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ORDER of Dismissal: Appalachian Orthopaedic Associates, P.C. and Appalachian Orthopaedic Partners, LLC terminated. This action shall remain pending as to Defendant Tennessee Orthopaedic Clinics, P.C. pending a Stipulation of Dismissal by TN and the Relator pursuant to the terms of the settlement agreement between those parties. Signed by Chief District Judge Thomas A Varlan on 2/11/14. (ABF) (Entered: 02/11/2014)
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39 |
Filed: 2/6/2014, Entered: None |
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STIPULATION of Dismissal Defendants Appalachian Orthopaedics Associates, P.C., and Appalachian Orthopaedic Partners, LLC by Douglas Estey, State of Tennessee, State of Virginia. (Attachments: # 1 Exhibit TN AOA Settlement Agreement, # 2 Exhibit VA AOA Settlement Agreement)(Swiney, Elijah) (Entered: 02/06/2014)
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38 |
Filed: 2/5/2014, Entered: None |
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ORDER of Dismissal: Appalachian Orthopaedic Associates, P.C. and Appalachian Orthopaedic Partners, LLC terminated.Signed by Chief District Judge Thomas A Varlan on 2/5/14. (ABF) (Entered: 02/05/2014)
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37 |
Filed: 2/4/2014, Entered: None |
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STIPULATION of Dismissal party (STIPULATION OF DISMISSAL AS TO DEFENDANTS APPALACHIAN ORTHOPAEDICS ASSOCIATES, P.C., AND APPALACHIAN ORTHOPAEDIC PARTNERS, LLC) by Douglas Estey, United States of America. (Attachments: # 1 Other Proposed Order)(Bauknight, Suzanne) (Entered: 02/04/2014)
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Request |
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36 |
Filed: 1/24/2014, Entered: None |
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NOTICE OF SETTLEMENT by State of Tennessee, State of Virginia, United States of America Case Reported Settled By United States; Parties did not participate in mediation/arbitration. (Attachments: # 1 Exhibit 1 - AOA Settlement Agreement, # 2 Exhibit 2 - TOC Settlement Agreement)(Bauknight, Suzanne) (Entered: 01/24/2014)
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35 |
Filed: 11/27/2013, Entered: None |
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NOTICE of Appearance by Steven R Finney on behalf of Appalachian Orthopaedic Associates, P.C., Appalachian Orthopaedic Partners, LLC (Finney, Steven) (Entered: 11/27/2013)
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Request |
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34 |
Filed: 11/27/2013, Entered: None |
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NOTICE of Appearance by Guy W Blackwell on behalf of Appalachian Orthopaedic Partners, LLC (Blackwell, Guy) (Entered: 11/27/2013)
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Request |
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33 |
Filed: 11/27/2013, Entered: None |
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NOTICE of Appearance by Guy W Blackwell on behalf of Appalachian Orthopaedic Associates, P.C. (Blackwell, Guy) (Entered: 11/27/2013)
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32 |
Filed: 10/24/2013, Entered: None |
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ORDER that the Court DENIES the requests to maintain the seal on thepapers filed in this action [Docs. 25, 26, 27]. The Court, however, files this Order UNDER SEAL and STAYS the unsealing of this case for thirty (30) days so that any party may file a motion for reconsideration or notice of appeal. Accordingly, the Court DIRECTS the Clerk to UNSEAL this case thirty (30) days from the date of this order so long as neither a motion for reconsiderationnor notice of appeal is filed before that time. In addition, for good cause, the Court hereby GRANTS the request to allow the parties ninety (90) days from the date of this order to finalize a settlement agreement with AOA. To the extent an agreement is reached, the parties shall so notify the Court. TheCourt also hereby GRANTS the parties request that they be afforded ninety (90) days from the date of this order to file their complaints. Signed by Chief District Judge Thomas A Varlan on 10/24/13. (c/m) (ABF) (Entered: 10/24/2013)
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31 |
Filed: 10/24/2013, Entered: None |
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ORDER LIFTING STAY. Signed by Chief District Judge Thomas A Varlan on 10/24/13. (c/m)(ABF) (Entered: 10/24/2013)
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Request |
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30 |
Filed: 10/21/2013, Entered: None |
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NOTICE REGARDING RESTORATION OF APPROPRIATIONS by United States of America (ABF) (Entered: 10/22/2013)
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29 |
Filed: 10/4/2013, Entered: None |
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ORDER that the Court GRANTS the Motion for Stay in Light of the Lapse of Appropriations 28 and STAYS this action until Congress restores appropriations. The government shall NOTIFY the Court thatappropriations have been restored within five (5) days of the restoration and the parties shall make a REQUEST at that time for any extensions or modifications of deadlines impacted by the stay.. Signed by Chief District Judge Thomas A Varlan on 10/4/13. (emailed to counsel) (ABF) (Entered: 10/04/2013)
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Request |
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28 |
Filed: 10/3/2013, Entered: None |
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MOTION to Stay by United States of America. (ABF) (Entered: 10/04/2013)
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Request |
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27 |
Filed: 9/30/2013, Entered: None |
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NOTICE OF ELECTION TO INTERVENE and MOTION to PARTIALLY LIFT THE SEAL by United States of America. (ABF) (Entered: 10/01/2013)
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Request |
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26 |
Filed: 9/25/2013, Entered: None |
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NOTICE OF ELECTION TO INTERVENE by State of Virginia (Attachments: # 1 Text of Proposed Order)(ABF) (Entered: 09/25/2013)
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Request |
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25 |
Filed: 9/24/2013, Entered: None |
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NOTICE OF ELECTION TO INTERVENE by State of Tennessee (ABF) (Entered: 09/25/2013)
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Request |
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24 |
Filed: 8/22/2013, Entered: None |
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ORDER that the Application for Extension of Time to Determine Whether to Intervene 23 is GRANTED to the extent that the government shall have up to and including September 26, 2013, in which to determine whether to intervene in this action. During this time, the case shall be administratively closed and the complaint and all other filings in this matter shall remain under seal. Uponthe expiration of this period, or at the time the government files its notice regarding intervention, whichever occurs first, the Clerk shall UNSEAL this action and the complaint shall be SERVED upon the defendant. In addition, the Court DIRECTS the Clerk to ADMINISTRATIVELY REOPEN this case upon either (1) the filing of the governments election decision or (2) expiration of the extension granted by this order, whichever occurs first. Signed by Chief District Judge Thomas A Varlan on 8/22/13. (c/m) (ABF) (Entered: 08/22/2013)
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23 |
Filed: 8/19/2013, Entered: None |
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MOTION for Extension of Time to Notify Court of Election by State of Tennessee, State of Virginia, United States of America. (ABF) (Entered: 08/20/2013)
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Request |
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22 |
Filed: 5/30/2013, Entered: None |
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ORDER that the ex parte application of the government is GRANTED and that the seal in this case shall be partially lifted to allow the government, at its discretion, to disclose the existence of the complaint and provide a copy of the complaint, or a portion thereof, to the named defendants and their successors in this action. IT IS FURTHER ORDERED that the United States, the State of Tennessee, and the Commonwealth of Virginia shall have until August 27, 2013, to notify the Court of their decisions regarding intervention in this matter; and IT IS FURTHER ORDERED that except as provided herein, this matter shall remain under seal until August 27, 2013, or further order of the Court. Signed by Chief District Judge Thomas A Varlan on 5/30/13. (c/m) (ABF) (Entered: 05/30/2013)
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21 |
Filed: 5/17/2013, Entered: None |
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Ex Parte MOTION for Partial Lifting of the Seal and 90-Day Extension of Time to Determine Whether to Intervene by United States of America. (AYB) (Entered: 05/20/2013)
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Request |
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20 |
Filed: 2/25/2013, Entered: None |
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STATUS REPORT by United States of America. (ABF) (Entered: 02/26/2013)
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19 |
Filed: 11/29/2012, Entered: None |
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ORDER granting 18 Motion for Extension of Time to File to the extent that the government shall have up to and including May 29, 2013, in which to determine whether to intervene in this action. During this time, the case shall be administratively closed and the complaint and all other filings in this matter shall remain under seal. Upon expiration of this extension, the qui tam complaint in this matter shall be unsealed and served upon the defendants. In addition, the government is ORDERED to file with the Court ex parte status reports at ninety (90) day intervals from the date of the entry of this order, informing the Court of the status of this case. Accordingly, the Court DIRECTS the Clerk to ADMINISTRATIVELY CLOSE this case and EXTEND the seal until May 29, 2013. Signed by District Judge Thomas A Varlan on 11/29/2012. (copies mailed to all parties) (KMK) (Entered: 11/29/2012)
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18 |
Filed: 11/26/2012, Entered: None |
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MOTION for Extension of Time to Notify Court of Election or, in the Alternative, for Administrative Closure Pending Intervention Decision by United States of America. (ABF) (Entered: 11/27/2012)
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17 |
Filed: 5/30/2012, Entered: None |
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ORDER granting 15 Motion for Extension of Time to Notify Court of Election up to and including 11/29/12. Signed by District Judge Thomas A Varlan on 5/30/12. (c/m) (ABF) (Entered: 05/30/2012)
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Request |
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16 |
Filed: 5/29/2012, Entered: None |
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STATUS REPORT by United States of America. (ABF) (Entered: 05/30/2012)
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Request |
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15 |
Filed: 5/29/2012, Entered: None |
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MOTION for Extension of Time to Notify Court of Election by United States of America. (ABF) (Entered: 05/30/2012)
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Request |
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14 |
Filed: 5/11/2012, Entered: None |
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ORDER granting 13 Motion for Adele M. Neiburg to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 5/11/12. (c/m) (ABF) (Entered: 05/11/2012)
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13 |
Filed: 5/9/2012, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 60.00; Receipt #: K3018800) by State of Virginia. (KMK) (Entered: 05/10/2012)
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Request |
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12 |
Filed: 4/23/2012, Entered: None |
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ORDER granting 4 MOTION for Leave for Douglas J Weissman to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 4/23/12. (c/m) (ADA) (Entered: 04/23/2012)
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Request |
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11 |
Filed: 4/20/2012, Entered: None |
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ORDER granting State of Tennessees 10 MOTION for Extension of Seal and Election. The State of Tennessee shall have an extension of time of up to and including May 29, 2012, in which to determine whether to intervene in this action. During this time the complaint and all other filings shall remain under seal. Signed by District Judge Thomas A Varlan on 4/20/12. (c/m) (ADA) (Entered: 04/20/2012)
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Request |
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10 |
Filed: 4/18/2012, Entered: None |
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MOTION for Extension of Seal and Election period by State of Tennessee. (Attachments: # 1 Affidavit Elijah W Swiney)(ADA) (Entered: 04/19/2012)
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Request |
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9 |
Filed: 4/18/2012, Entered: None |
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ORDER granting 8 Motion for Leave for Elijah W. Swiney to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 4/18/12. (c/m) (ADA) (Entered: 04/18/2012)
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Request |
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8 |
Filed: 4/16/2012, Entered: None |
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MOTION for Leave for Elijah Swiney to Appear Pro Hac Vice by State of Tennessee. (attorney is currently pending admission) (ADA) (Entered: 04/17/2012)
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Request |
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7 |
Filed: 4/4/2012, Entered: None |
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STATUS REPORT by United States of America. (ADA) (Entered: 04/05/2012)
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6 |
Filed: 3/23/2012, Entered: None |
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NOTICE of filing certificates of good standing as to 4 MOTION for Leave for Douglas J Weissman to Appear Pro Hac Vice (ADA) (Entered: 03/23/2012)
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5 |
Filed: 3/15/2012, Entered: None |
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NOTICE of DEFICIENCY re 4 MOTION for Leave for Douglas J Weissman to Appear Pro Hac Vice (Filing fee $ 60.00.) (c/m) (ADA) (Entered: 03/15/2012)
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4 |
Filed: 3/14/2012, Entered: None |
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MOTION for Leave for Douglas J Weissman to Appear Pro Hac Vice (Filing fee $ 60.00 paid Receipt #K3018378) by Douglas Estey. (no certificates of good standing included)(ADA) Modified text on 3/15/2012 (ADA). (Entered: 03/15/2012)
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3 |
Filed: 2/24/2012, Entered: None |
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ORDER granting 2 Motion for Julie K. Bracker to Appear Pro Hac Vice on behalf of relator Douglas Estey. Signed by District Judge Thomas A Varlan on February 24, 2012. (emailed to Ms. Bracker and via USPS to unregistered co-counsel) (AYB) (Entered: 02/24/2012)
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2 |
Filed: 2/21/2012, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice for Julie K Bracker,(Filing fee $60)(Receipt # K3018162) by Douglas Estey. (KAW) (Entered: 02/22/2012)
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1 |
Filed: 2/21/2012, Entered: None |
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COMPLAINT against Appalachian Orthopaedic Associates, P.C., Appalachian Orthopaedic Partners, LLC, Tennessee Orthopaedic Clinics, P.C. (Filing fee $ 350), filed by Douglas Estey. (Attachments: # 1 Civil Cover Sheet)(KAW) (Entered: 02/22/2012)
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