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Case number 1:17-cv-02030

Pain Doctor, Inc. et al v. Colorado Pain Care, LLC et al > Documents

Date Field Doc. No.Description (Pages)
Oct 3, 2017 53 Stipulation of Dismissal of Case (3)
Docket Text: STIPULATION of Dismissal of Case by Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Hamilton, Hope)
Oct 3, 2017 N/A Order on Motion for Preliminary Injunction (0)
Docket Text: ORDER: In light of the Stipulation of Dismissal (ECF No. 53), the Motion for Preliminary Injunction (ECF No. 7) and the Cross-Motion for Preliminary Injunction (ECF Nos. 24, 26-2) are DENIED AS MOOT. The Court makes the following observation about the Stipulation of Dismissal as well. An action may be dismissed without a court order if all parties who have appeared sign a stipulation of dismissal. Fed.R.Civ.P. 41(a)(1)(A)(ii). Here, the Stipulation of Dismissal reflects that it has been signed by attorneys representing the plaintiffs and the defendants. (ECF No. 53 at 2.) A third-party plaintiff, Summit Pain Consultants, LLC ("Summit"), has also appeared in this case, however, and the Stipulation of Dismissal does not reflect that it has been signed on Summit's behalf. As a result, the parties are ORDERED to file a corrected stipulation of dismissal that is signed by all parties who have appeared in this case by the close of business on 10/4/2017. SO ORDERED by Judge Raymond P. Moore on 10/3/2017. (Text Only Entry ) (rmsec )
Oct 3, 2017 55 Stipulation of Dismissal of Case (4)
Docket Text: STIPULATION of Dismissal of Case by Third Party Defendants Arizona Pain Specialists, PLLC d/b/a Colorado Pain, Boost Medical, LLC, Lynch Holding Co, LLC, McJunkin Holding Co, LLC, Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc., Counter Defendants Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Hamilton, Hope)
Oct 3, 2017 N/A Terminated Case (0)
Docket Text: Civil Case Terminated pursuant to [55] the notice of dismissal or stipulation to dismiss filed in this case. Text Only Entry (cthom, )
Oct 2, 2017 N/A Minute Order (0)
Docket Text: MINUTE ORDER: In light of the parties Joint Settlement Notice [51], the preliminary injunction/declaratory relief hearing set for October 4 and 5, 2017, is hereby VACATED. SO ORDERED by Judge Raymond P. Moore on 10/2/2017. (Text Only Entry) (rmsec )
Oct 1, 2017 51 Notice of Settlement (3)
Docket Text: NOTICE of Settlement by Third Party Defendants Arizona Pain Specialists, PLLC d/b/a Colorado Pain, Boost Medical, LLC, Lynch Holding Co, LLC, McJunkin Holding Co, LLC, Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc., Counter Defendants Pain Doctor Management Company, LLC, Pain Doctor, Inc. (Hamilton, Hope)
Sep 28, 2017 N/A Minute Order (0)
Docket Text: MINUTE ORDER: This matter comes before the Court sua sponte. Following review of the parties' witness lists (ECF Nos. 44-1, 48-1), the Court advises the parties that ALL of their witnesses should be available to testify on October 4 and October 5, 2017. SO ORDERED by Judge Raymond P. Moore on 9/28/2017. (Text Only Entry) (rmsec )
Sep 27, 2017 44 Main Document (3)
Docket Text: Witness List for October 4, 2017 Hearing by Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Attachments: # (1) Plaintiffs' Witness List)(Hamilton, Hope)
Sep 27, 2017 44 Plaintiffs' Witness List (1)
Sep 27, 2017 45 Main Document (3)
Docket Text: Exhibit List for October 4, 2017 Hearing by Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Attachments: # (1) Plaintiffs' Exhibit List, # (2) Ex. 1, # (3) Ex. 2, # (4) Ex. 3, Part 1, # (5) Ex. 3, Part 2, # (6) Ex. 4, Part 1, # (7) Ex. 4, Part 2, # (8) Ex. 5, # (9) Ex. 6, # (10) Ex. 7, # (11) Ex. 8, # (12) Ex. 9, Part 1, # (13) Ex. 9, Part 2, # (14) Ex. 9, Part 3, # (15) Ex. 9, Part 4, # (16) Ex. 10, # (17) Ex. 11, # (18) Ex. 12, # (19) Ex. 13, # (20) Ex 14, # (21) Ex. 15, # (22) Ex. 16, # (23) Ex. 17, Part 1, # (24) Ex. 17, Part 2, # (25) Ex. 17, Part 3, # (26) Ex. 18, # (27) Ex. 19, # (28) Ex. 20, Part 1, # (29) Ex. 20, Part 2, # (30) Ex. 21, # (31) Ex. 22, # (32) Ex. 23, # (33) Ex. 24, # (34) Ex. 25, # (35) Ex. 26, # (36) Ex. 27, # (37) Ex. 28, # (38) Ex. 29, # (39) Ex. 30)(Hamilton, Hope)
Sep 27, 2017 45 Plaintiffs' Exhibit List (3)
Sep 27, 2017 45 Ex. 1 (2)
Sep 27, 2017 45 Ex. 2 (3)
Sep 27, 2017 45 Ex. 3, Part 1 (20)
Sep 27, 2017 45 Ex. 3, Part 2 (22)
Sep 27, 2017 45 Ex. 4, Part 1 (20)
Sep 27, 2017 45 Ex. 4, Part 2 (21)
Sep 27, 2017 45 Ex. 5 (3)
Sep 27, 2017 45 Ex. 6 (2)
Sep 27, 2017 45 Ex. 7 (21)
Sep 27, 2017 45 Ex. 8 (20)
Sep 27, 2017 45 Ex. 9, Part 1 (15)
Sep 27, 2017 45 Ex. 9, Part 2 (15)
Sep 27, 2017 45 Ex. 9, Part 3 (18)
Sep 27, 2017 45 Ex. 9, Part 4 (16)
Sep 27, 2017 45 Ex. 10 (3)
Sep 27, 2017 45 Ex. 11 (2)
Sep 27, 2017 45 Ex. 12 (5)
Sep 27, 2017 45 Ex. 13 (1)
Sep 27, 2017 45 Ex 14 (4)
Sep 27, 2017 45 Ex. 15 (1)
Sep 27, 2017 45 Ex. 16 (1)
Sep 27, 2017 45 Ex. 17, Part 1 (16)
Sep 27, 2017 45 Ex. 17, Part 2 (18)
Sep 27, 2017 45 Ex. 17, Part 3 (16)
Sep 27, 2017 45 Ex. 18 (1)
Sep 27, 2017 45 Ex. 19 (2)
Sep 27, 2017 45 Ex. 20, Part 1 (25)
Sep 27, 2017 45 Ex. 20, Part 2 (25)
Sep 27, 2017 45 Ex. 21 (2)
Sep 27, 2017 45 Ex. 22 (2)
Sep 27, 2017 45 Ex. 23 (2)
Sep 27, 2017 45 Ex. 24 (2)
Sep 27, 2017 45 Ex. 25 (2)
Sep 27, 2017 45 Ex. 26 (3)
Sep 27, 2017 45 Ex. 27 (2)
Sep 27, 2017 45 Ex. 28 (2)
Sep 27, 2017 45 Ex. 29 (1)
Sep 27, 2017 45 Ex. 30 (1)
Sep 27, 2017 46 Main Document (3)
Docket Text: Exhibit List (Joint) for October 4, 2017 Hearing by Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Attachments: # (1) Joint Exhibit List, # (2) Ex. 1, # (3) Ex. 2, Part 1, # (4) Ex. 2, Part 2, # (5) Ex. 2, Part 3, # (6) Ex. 2, Part 4, # (7) Ex. 2, Part 5, # (8) Ex. 3, Part 1, # (9) Ex. 3, Part 2, # (10) Ex. 4, Part 1, # (11) Ex. 4, Part 2, # (12) Ex. 5, # (13) Ex. 6, Part 1, # (14) Ex. 6, Part 2, # (15) Ex. 7, # (16) Ex. 8, # (17) Ex. 9, # (18) Ex. 10, # (19) Ex. 11, # (20) Ex. 12, # (21) Ex. 13, # (22) Ex. 14, # (23) Ex. 15, # (24) Ex. 16, # (25) Ex. 17, # (26) Ex. 18, # (27) Ex. 19, # (28) Ex.20, # (29) Ex. 21, Part 1, # (30) Ex. 21, Part 2, # (31) Ex. 22, Part 1, # (32) Ex. 22, Part 2, # (33) Ex. 23, Part 1, # (34) Ex. 23, Part 2, # (35) Ex. 24, # (36) Ex. 25)(Hamilton, Hope)
Sep 27, 2017 46 Joint Exhibit List (4)
Sep 27, 2017 46 Ex. 1 (8)
Sep 27, 2017 46 Ex. 2, Part 1 (14)
Sep 27, 2017 46 Ex. 2, Part 2 (15)
Sep 27, 2017 46 Ex. 2, Part 3 (15)
Sep 27, 2017 46 Ex. 2, Part 4 (15)
Sep 27, 2017 46 Ex. 2, Part 5 (9)
Sep 27, 2017 46 Ex. 3, Part 1 (16)
Sep 27, 2017 46 Ex. 3, Part 2 (17)
Sep 27, 2017 46 Ex. 4, Part 1 (10)
Sep 27, 2017 46 Ex. 4, Part 2 (10)
Sep 27, 2017 46 Ex. 5 (7)
Sep 27, 2017 46 Ex. 6, Part 1 (9)
Sep 27, 2017 46 Ex. 6, Part 2 (10)
Sep 27, 2017 46 Ex. 7 (3)
Sep 27, 2017 46 Ex. 8 (2)
Sep 27, 2017 46 Ex. 9 (2)
Sep 27, 2017 46 Ex. 10 (2)
Sep 27, 2017 46 Ex. 11 (2)
Sep 27, 2017 46 Ex. 12 (3)
Sep 27, 2017 46 Ex. 13 (5)
Sep 27, 2017 46 Ex. 14 (8)
Sep 27, 2017 46 Ex. 15 (1)
Sep 27, 2017 46 Ex. 16 (7)
Sep 27, 2017 46 Ex. 17 (1)
Sep 27, 2017 46 Ex. 18 (6)
Sep 27, 2017 46 Ex. 19 (6)
Sep 27, 2017 46 Ex.20 (18)
Sep 27, 2017 46 Ex. 21, Part 1 (26)
Sep 27, 2017 46 Ex. 21, Part 2 (26)
Sep 27, 2017 46 Ex. 22, Part 1 (32)
Sep 27, 2017 46 Ex. 22, Part 2 (33)
Sep 27, 2017 46 Ex. 23, Part 1 (20)
Sep 27, 2017 46 Ex. 23, Part 2 (21)
Sep 27, 2017 46 Ex. 24 (12)
Sep 27, 2017 46 Ex. 25 (5)
Sep 27, 2017 47 Stipulation for Extension of Time to Answer/Respond to Complaint (3)
Docket Text: STIPULATION for Extension of Time to Answer or Respond to the Complaint For Declaratory Relief, And Verified Counterclaims And Third-Party Complaint against Plaintiffs and Third Party Defendants (Dkt. 23) by Third Party Defendants Arizona Pain Specialists, PLLC d/b/a Colorado Pain, Boost Medical, LLC, Lynch Holding Co, LLC, McJunkin Holding Co, LLC, Counter Defendants Pain Doctor Management Company, LLC, Pain Doctor, Inc... (Hamilton, Hope)
Sep 27, 2017 48 Main Document (3)
Docket Text: Witness List for October 4, 2017 - October 5, 2017 Hearing by Third Party Plaintiffs Colorado Pain Care, LLC, Colorado Pain Practice, PLLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Plaintiffs' Witness List)(Ferguson, Janette)
Sep 27, 2017 48 Plaintiffs' Witness List (1)
Sep 27, 2017 49 Main Document (3)
Docket Text: Exhibit List for October 4, 2017 - October 5, 2017 Hearing by Third Party Plaintiffs Colorado Pain Care, LLC, Colorado Pain Practice, PLLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Defendants' Exhibit List, # (2) Exhibit A, # (3) Exhibit B, # (4) Envelope C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit R, # (20) Exhibit S, # (21) Exhibit T, # (22) Exhibit U, # (23) Exhibit V, # (24) Exhibit W, # (25) Exhibit X, # (26) Exhibit Y)(Ferguson, Janette)
Sep 27, 2017 49 Defendants' Exhibit List (3)
Sep 27, 2017 49 Exhibit A (4)
Sep 27, 2017 49 Exhibit B (30)
Sep 27, 2017 49 Envelope C (4)
Sep 27, 2017 49 Exhibit D (7)
Sep 27, 2017 49 Exhibit E (2)
Sep 27, 2017 49 Exhibit F (3)
Sep 27, 2017 49 Exhibit G (5)
Sep 27, 2017 49 Exhibit H (4)
Sep 27, 2017 49 Exhibit I (5)
Sep 27, 2017 49 Exhibit J (2)
Sep 27, 2017 49 Exhibit K (4)
Sep 27, 2017 49 Exhibit L (8)
Sep 27, 2017 49 Exhibit M (2)
Sep 27, 2017 49 Exhibit N (8)
Sep 27, 2017 49 Exhibit O (2)
Sep 27, 2017 49 Exhibit P (1)
Sep 27, 2017 49 Exhibit Q (2)
Sep 27, 2017 49 Exhibit R (2)
Sep 27, 2017 49 Exhibit S (2)
Sep 27, 2017 49 Exhibit T (12)
Sep 27, 2017 49 Exhibit U (15)
Sep 27, 2017 49 Exhibit V (34)
Sep 27, 2017 49 Exhibit W (5)
Sep 27, 2017 49 Exhibit X (1)
Sep 27, 2017 49 Exhibit Y (11)
Sep 26, 2017 42 Main Document (3)
Docket Text: NOTICE of Subpoena to Appear and Testify at the October 4, 2017 to October 5, 2017 Hearing to Jonathan Bernardini, M.D. by Third Party Plaintiffs Colorado Pain Care, LLC, Colorado Pain Practice, PLLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC (Attachments: # (1) Exhibit A)(Ferguson, Janette)
Sep 26, 2017 42 Exhibit A (6)
Sep 26, 2017 43 Main Document (16)
Docket Text: REPLY to [24] Response to Motion,,, for Preliminary Injunction by Third Party Plaintiffs Colorado Pain Care, LLC, Colorado Pain Practice, PLLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U)(Ferguson, Janette)
Sep 26, 2017 43 Exhibit A (2)
Sep 26, 2017 43 Exhibit B (9)
Sep 26, 2017 43 Exhibit C (3)
Sep 26, 2017 43 Exhibit D (7)
Sep 26, 2017 43 Exhibit E (30)
Sep 26, 2017 43 Exhibit F (6)
Sep 26, 2017 43 Exhibit G (8)
Sep 26, 2017 43 Exhibit H (3)
Sep 26, 2017 43 Exhibit I (4)
Sep 26, 2017 43 Exhibit J (3)
Sep 26, 2017 43 Exhibit K (7)
Sep 26, 2017 43 Exhibit L (6)
Sep 26, 2017 43 Exhibit M (10)
Sep 26, 2017 43 Exhibit N (9)
Sep 26, 2017 43 Exhibit O (5)
Sep 26, 2017 43 Exhibit P (3)
Sep 26, 2017 43 Exhibit Q (9)
Sep 26, 2017 43 Exhibit R (10)
Sep 26, 2017 43 Exhibit S (3)
Sep 26, 2017 43 Exhibit T (4)
Sep 26, 2017 43 Exhibit U (5)
Sep 22, 2017 40 Notice of Entry of Appearance (3)
Docket Text: NOTICE of Entry of Appearance of Janette L. Ferguson by Janette Lee Ferguson on behalf of Colorado Pain Care, LLC, Colorado Pain Practice, PLLC, Summit Pain Consultants, LLCAttorney Janette Lee Ferguson added to party Colorado Pain Practice, PLLC(pty:3pp) (Ferguson, Janette)
Sep 22, 2017 41 Notice of Entry of Appearance (3)
Docket Text: NOTICE of Entry of Appearance of Devin C. Daines by Devin Christopher Daines on behalf of Colorado Pain Care, LLC, Colorado Pain Practice, PLLC, Summit Pain Consultants, LLCAttorney Devin Christopher Daines added to party Colorado Pain Practice, PLLC(pty:3pp) (Daines, Devin)
Sep 21, 2017 39 Order on Motion to Vacate (2)
Docket Text: ORDER denying without prejudice [27] Motion to Vacate [27] MOTION to Vacate [21] Scheduling Order Re Rule 57 Hearing October 4 and 5, 2017 [Expedited] So Ordered by Judge Raymond P. Moore on 09/21/2017. (rmlc2)
Sep 20, 2017 N/A Order on Motion for Joinder (0)
Docket Text: ORDER: This matter comes before the Court with the filing of defendants' Colorado Pain Care, LLC and Summit Pain Consultants, LLC motion for joinder [33], which the Court GRANTS. As a result, the Court ORDERS that Colorado Pain Practice, PLLC be joined to this action as a third-party plaintiff. An attorney for Colorado Pain Practice, PLLC shall enter a notice of appearance within seven (7) days of this Order. SO ORDERED by Judge Raymond P. Moore on 9/20/2017. (Text Only Entry ) (rmsec )
Sep 20, 2017 38 Response to Motion (10)
Docket Text: RESPONSE to [27] MOTION to Vacate [21] Scheduling Order Re Rule 57 Hearing October 4 and 5, 2017 [Expedited] filed by Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc., Counter Defendants Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Hamilton, Hope)
Sep 19, 2017 36 Main Document (31)
Docket Text: REPLY to Response to [7] MOTION for Preliminary Injunction and for Expedited Hearing on Declaratory Judgmentand Response to CPC Parties' Combined Cross-Motion for Preliminary Injunction filed by Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Hamilton, Hope)
Sep 19, 2017 36 Exhibit A (15)
Sep 19, 2017 36 Exhibit B (27)
Sep 19, 2017 36 Exhibit C (8)
Sep 19, 2017 36 Exhibit D (8)
Sep 19, 2017 36 Exhibit E (43)
Sep 19, 2017 36 Exhibit F (42)
Sep 18, 2017 N/A Minute Order (0)
Docket Text: MINUTE ORDER re: [27] MOTION to Vacate Scheduling Order Re Rule 57 Hearing October 4 and 5, 2017 [Expedited] filed by Summit Pain Consultants, LLC, Colorado Pain Care, LLC. Plaintiffs Pain Doctor, Inc. and Pain Doctor Management Company, LLC are ORDERED to respond to the relief requested in ECF No. 27 on or before noon on September 21, 2017. So Ordered by Judge Raymond P. Moore on 09/18/2017. Text Only Entry (rmlc2)
Sep 18, 2017 29 Waiver of Service Executed (2)
Docket Text: WAIVER OF SERVICE Returned Executed by Colorado Pain Care, LLC, Summit Pain Consultants, LLC. Arizona Pain Specialists, PLLC d/b/a Colorado Pain waiver sent on 9/11/2017, answer due 11/13/2017. (Daines, Devin)
Sep 18, 2017 30 Waiver of Service Executed (2)
Docket Text: WAIVER OF SERVICE Returned Executed by Colorado Pain Care, LLC, Summit Pain Consultants, LLC. Boost Medical, LLC waiver sent on 9/11/2017, answer due 11/13/2017. (Daines, Devin)
Sep 18, 2017 31 Waiver of Service Executed (2)
Docket Text: WAIVER OF SERVICE Returned Executed by Colorado Pain Care, LLC, Summit Pain Consultants, LLC. Lynch Holding Co, LLC waiver sent on 9/11/2017, answer due 11/13/2017. (Daines, Devin)
Sep 18, 2017 32 Waiver of Service Executed (2)
Docket Text: WAIVER OF SERVICE Returned Executed by Colorado Pain Care, LLC, Summit Pain Consultants, LLC. McJunkin Holding Co, LLC waiver sent on 9/11/2017, answer due 11/13/2017. (Daines, Devin)
Sep 18, 2017 33 Main Document (6)
Docket Text: MOTION for Joinder of Third Party Plaintiff Colorado Pain Practice, PLLC by Third Party Plaintiffs Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Ferguson, Janette)
Sep 18, 2017 33 Proposed Order (PDF Only) (2)
Sep 18, 2017 N/A Order (0)
Docket Text: ORDER re: [28] Minute Order, [33] MOTION for Joinder of Third Party Plaintiff Colorado Pain Practice, PLLC filed by Summit Pain Consultants, LLC, Colorado Pain Care, LLC, MINUTE ORDER re: [28] Minute Order, [33] MOTION for Joinder of Third Party Plaintiff Colorado Pain Practice, PLLC filed by Summit Pain Consultants, LLC, Colorado Pain Care, LLC. Plaintiffs Pain Doctor, Inc. and Pain Doctor Management Company, LLC shall respond to the motion for joinder (ECF No. 33) on or before September 25, 2017, or the Court will consider the motion for joinder unopposed. No reply will be necessary with respect to the same unless requested from the Court. The Court makes a similar observation with respect to its earlier Minute Order today. In other words, no reply to the motion to limit scope of hearing (ECF No. 27) will be necessary unless requested from the Court. So Ordered by Judge Raymond P. Moore on 09/18/2017. Text Only Entry (rmlc2)
Sep 18, 2017 35 Response to Motion (3)
Docket Text: RESPONSE to [33] MOTION for Joinder of Third Party Plaintiff Colorado Pain Practice, PLLC filed by Plaintiffs Pain Doctor Management Company, LLC, Pain Doctor, Inc.. (Hamilton, Hope)
Sep 17, 2017 27 Main Document (16)
Docket Text: MOTION to Vacate [21] Scheduling Order Re Rule 57 Hearing October 4 and 5, 2017 [Expedited] by Third Party Plaintiffs Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Proposed Order (PDF Only))(Ferguson, Janette)
Sep 17, 2017 27 Exhibit A (18)
Sep 17, 2017 27 Exhibit B (13)
Sep 17, 2017 27 Exhibit C (10)
Sep 17, 2017 27 Proposed Order (PDF Only) (2)
Sep 15, 2017 26 Main Document (3)
Docket Text: ERRATA re [24] Response to Motion,,, by Third Party Plaintiffs Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Ferguson, Janette)
Sep 15, 2017 26 Exhibit A (37)
Sep 15, 2017 26 Exhibit B (37)
Sep 8, 2017 25 Jury Demand (3)
Docket Text: DEMAND for Trial by Jury by Third Party Plaintiffs Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Ferguson, Janette)
Sep 6, 2017 20 Main Document (4)
Docket Text: Joint MOTION for Leave to File Excess Pages for Motion and Cross-Motion for Preliminary Injunction, Responses, and Replies by Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Daines, Devin)
Sep 6, 2017 20 Proposed Order (PDF Only) (1)
Sep 6, 2017 21 Scheduling Order (3)
Docket Text: SCHEDULING ORDER by Judge Raymond P. Moore on 9/6/2017. (cthom, )
Sep 6, 2017 N/A Order on Motion for Leave to File Excess Pages (0)
Docket Text: ORDER granting in part and denying in part [20] Motion for Leave to File Excess Pages. An economy of scale. This is meant to mean a saving in costs brought about by an increased output or level of production. Here, the parties propose an increased output (combining a motion and a response, or combining a response and a reply), but they do not propose any savings. Instead, the parties ask to submit pleadings with page lengths that would be the exact same if the parties filed those pleadings separately (i.e., as a separate motion and a separate response, or a separate response and a separate reply). The very nature of the parties combined pleadings, however, should produce an economy of scale. For example, the parties will not need to recite the facts twice (i.e., once in the motion and once in the response), as they can simply be recited once for both. For some reason, though, the parties believe they should be allowed to file pleadings that do not take into account such economies. The Court does not agree. As a result, defendants' combined motion and response may be no more than 35 pages, and defendants should be sure to demark where the motion ends and the response begins. Plaintiffs' combined response and reply may be no more than 30 pages, and plaintiffs should be sure to demark where the response ends and the reply begins. Defendants may still file a reply of 15 pages in length. The Court further forewarns the parties not to attempt to play games with the Court's Civil Practice Standards on how a pleading should be formatted (for example, double spacing between lines). Finally, the parties should limit their arguments and assertions to only those matters pertinent to the hearing on October 4 and 5, 2017. So Ordered by Judge Raymond P. Moore on 09/06/2017. Text Only Entry (rmlc2)
Sep 6, 2017 23 Main Document (45)
Docket Text: ANSWER to [1] Complaint, for Declaratory Relief, and Verified, THIRD PARTY COMPLAINT against Boost Medical, LLC, SHCB Holdings, LLC f/k/a MD Pain Management, LLC, Lynch Holding Co, LLC, U.S. Anesthesia Partners of Colorado, Inc. d/b/a USAP Colorado, Arizona Pain Specialists, PLLC d/b/a Colorado Pain, McJunkin Holding Co, LLC, COUNTERCLAIM against Pain Doctor Management Company, LLC, Pain Doctor, Inc. by Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Exhibit A Pages 1-26, # (2) Exhibit A Pages 27-68, # (3) Exhibit B Pages 1-14, # (4) Exhibit B Pages 15-34, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H)(Ferguson, Janette) Modified on 9/7/2017 to correct applicable party text (athom, ).
Sep 6, 2017 23 Exhibit A Pages 1-26 (27)
Sep 6, 2017 23 Exhibit A Pages 27-68 (43)
Sep 6, 2017 23 Exhibit B Pages 1-14 (15)
Sep 6, 2017 23 Exhibit B Pages 15-34 (20)
Sep 6, 2017 23 Exhibit C (4)
Sep 6, 2017 23 Exhibit D (3)
Sep 6, 2017 23 Exhibit E (21)
Sep 6, 2017 23 Exhibit F (8)
Sep 6, 2017 23 Exhibit G (20)
Sep 6, 2017 23 Exhibit H (8)
Sep 6, 2017 24 Main Document (36)
Docket Text: RESPONSE to [7] MOTION for Preliminary Injunction and for Expedited Hearing on Declaratory Judgmentand Cross Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Third Party Plaintiffs Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Counter Claimants Colorado Pain Care, LLC, Summit Pain Consultants, LLC, Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLC. (Attachments: # (1) Exhibit A Pages 1-26, # (2) Exhibit A Pages 27-68, # (3) Exhibit B Pages 1-14, # (4) Exhibit B Pages 15-34, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H, # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K, # (14) Exhibit L, # (15) Exhibit M, # (16) Exhibit N, # (17) Exhibit O, # (18) Affidavit Declaration of Debbie Leone, # (19) Affidavit Declaration of Robert Moghim, M.D., # (20) Affidavit Declaration of Jason Krutsch, M.D.)(Ferguson, Janette)
Sep 6, 2017 24 Exhibit A Pages 1-26 (27)
Sep 6, 2017 24 Exhibit A Pages 27-68 (43)
Sep 6, 2017 24 Exhibit B Pages 1-14 (15)
Sep 6, 2017 24 Exhibit B Pages 15-34 (20)
Sep 6, 2017 24 Exhibit C (4)
Sep 6, 2017 24 Exhibit D (3)
Sep 6, 2017 24 Exhibit E (21)
Sep 6, 2017 24 Exhibit F (8)
Sep 6, 2017 24 Exhibit G (20)
Sep 6, 2017 24 Exhibit H (8)
Sep 6, 2017 24 Exhibit I (5)
Sep 6, 2017 24 Exhibit J (4)
Sep 6, 2017 24 Exhibit K (3)
Sep 6, 2017 24 Exhibit L (11)
Sep 6, 2017 24 Exhibit M (4)
Sep 6, 2017 24 Exhibit N (5)
Sep 6, 2017 24 Exhibit O (6)
Sep 6, 2017 24 Affidavit Declaration of Debbie Leone (5)
Sep 6, 2017 24 Affidavit Declaration of Robert Moghim, M.D. (9)
Sep 6, 2017 24 Affidavit Declaration of Jason Krutsch, M.D. (5)
Sep 5, 2017 17 Response (3)
Docket Text: RESPONSE to [16] Scheduling Order by Plaintiff Pain Doctor, Inc.. (Hamilton, Hope)
Sep 5, 2017 18 Notice of Entry of Appearance (2)
Docket Text: NOTICE of Entry of Appearance by Mark Brian Wiletsky on behalf of Pain Doctor Management Company, LLC, Pain Doctor, Inc.Attorney Mark Brian Wiletsky added to party Pain Doctor Management Company, LLC(pty:pla), Attorney Mark Brian Wiletsky added to party Pain Doctor, Inc.(pty:pla) (Wiletsky, Mark)
Sep 5, 2017 19 Notice of Entry of Appearance (2)
Docket Text: NOTICE of Entry of Appearance by Dustin D. Berger on behalf of Pain Doctor Management Company, LLC, Pain Doctor, Inc.Attorney Dustin D. Berger added to party Pain Doctor Management Company, LLC(pty:pla), Attorney Dustin D. Berger added to party Pain Doctor, Inc.(pty:pla) (Berger, Dustin)
Sep 1, 2017 14 Proposed Scheduling Order (6)
Docket Text: Proposed Scheduling Order for a Preliminary Injunction Hearing by Plaintiff Pain Doctor, Inc.. (Hamilton, Hope)
Sep 1, 2017 N/A Minute Order (0)
Docket Text: MINUTE ORDER re: [14] Proposed Scheduling Order filed by Pain Doctor, Inc. The parties are ORDERED to email a Word or WordPerfect version of their joint proposed scheduling order to the Court's chambers email: Moore_Chambers@cod.uscourts.gov. So Ordered by Judge Raymond P. Moore on 09/01/2017. Text Only Entry (rmlc2)
Sep 1, 2017 16 Scheduling Order (3)
Docket Text: ORDER. Plaintiffs' response due on or before 5:00 p.m. (Mountain time) on September 6, 2017. So Ordered by Judge Raymond P. Moore on 09/01/2017. (rmlc2)
Aug 29, 2017 10 Supplement/Amendment (4)
Docket Text: SUPPLEMENT/AMENDMENT to [8] Minute Order,,, by Plaintiff Pain Doctor, Inc.. (Hamilton, Hope)
Aug 29, 2017 11 Summons Returned Executed (4)
Docket Text: SUMMONS Returned Executed by Pain Doctor, Inc.. Colorado Pain Care, LLC served on 8/25/2017, answer due 9/15/2017; Summit Pain Consultants, LLC served on 8/25/2017, answer due 9/15/2017. (Hamilton, Hope)
Aug 29, 2017 12 Response (5)
Docket Text: RESPONSE to [8] Minute Order,,, by Defendants Colorado Pain Care, LLC, Summit Pain Consultants, LLCAttorney Janette L. Ferguson added to party Colorado Pain Care, LLC(pty:dft), Attorney Janette L. Ferguson added to party Summit Pain Consultants, LLC(pty:dft). (Ferguson, Janette)
Aug 29, 2017 N/A Minute Order (0)
Docket Text: MINUTE ORDER re: [7] MOTION for Preliminary Injunction and for Expedited Hearing on Declaratory Judgment filed by Pain Doctor, Inc., [12] Response, filed by Summit Pain Consultants, LLC, Colorado Pain Care, LLC. This matter comes before the Court with the filing of plaintiffs' motion for preliminary injunction and for expedited hearing on declaratory judgment (ECF No. 7) and defendants' response to the Court's August 25, 2017 Order (ECF No. 12). Unless the parties can agree on a joint proposed scheduling order, the parties are ORDERED to file SEPARATE proposed scheduling orders for events in this case up to AND INCLUDING a hearing on plaintiffs' claim for declaratory judgment and request for a preliminary injunction. The parties may propose separate (or, if possible, a joint) proposed date(s) for a hearing on plaintiffs' claim for declaratory judgment and request for a preliminary injunction, but, the Court advises the parties that any date ultimately chosen by the Court will be subject to the Court's schedule and demands, which means a date may be earlier or later than the parties propose. The parties shall file their joint or separate proposed scheduling orders on or before noon on September 1, 2017. So Ordered by Judge Raymond P. Moore on 08/29/2017. Text Only Entry (rmlc2)
Aug 28, 2017 9 Main Document (3)
Docket Text: ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 8/28/17. Scheduling Conference set for 1/4/2018 10:00 AM in Courtroom A501 before Magistrate Judge Kristen L. Mix. (Attachments: # (1) Attachment 1, # (2) Attachment 2, # (3) Attachment 3) (lgale, )
Aug 28, 2017 9 Attachment 1 (2)
Aug 28, 2017 9 Attachment 2 (8)
Aug 28, 2017 9 Attachment 3 (1)
Aug 25, 2017 N/A Minute Order (0)
Docket Text: MINUTE ORDER: This matter comes before the Court with the filing of plaintiffs' motion for preliminary injunction and expedited hearing [7]. Defendants Colorado Pain Care, LLC and Summit Pain Consultants are ORDERED to inform the Court whether they object to an expedited hearing on plaintiffs' claim for declaratory relief. Defendants shall respond to this Order on or before Tuesday August 29, 2017. Plaintiffs are ORDERED to serve this Order upon defendants immediately. In addition, plaintiffs are ORDERED to clarify upon which provision(s) of the Lanham Act their claim for declaratory relief relies. At present, the Complaint cites merely to the Lanham Act generally. (ECF No. 1 at 7.) Plaintiffs shall comply with this latter instruction by August 29, 2017. SO ORDERED by Judge Raymond P. Moore on 8/25/2017. (Text Only Entry) (rmsec )
Aug 24, 2017 N/A Case Assigned to Judge (0)
Docket Text: Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rvill, )
Aug 24, 2017 4 Report on the Filing or Determination of Patent or Trademark (1)
Docket Text: Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rvill, )
Aug 24, 2017 5 Main Document (2)
Docket Text: SUMMONS issued by Clerk. (Attachments: # (1) Summons, # (2) Magistrate Judge Consent Form) (rvill, )
Aug 24, 2017 5 Summons (2)
Aug 24, 2017 5 Magistrate Judge Consent Form (4)
Aug 24, 2017 N/A Order Referring Case to Magistrate Judge (0)
Docket Text: ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 8/24/2017. (Text Only Entry) (rmsec )
Aug 24, 2017 7 Main Document (10)
Docket Text: MOTION for Preliminary Injunction and for Expedited Hearing on Declaratory Judgment by Plaintiff Pain Doctor, Inc.. (Attachments: # (1) Declaration of Dr. Paul J. Lynch)(Hamilton, Hope)
Aug 24, 2017 7 Declaration of Dr. Paul J. Lynch (30)
Aug 23, 2017 1 Main Document (9)
Docket Text: COMPLAINT for Declaratory and for Expedited Relief against Colorado Pain Care, LLC, Summit Pain Consultants, LLC (Filing fee $ 400,Receipt Number 1082-5677399)Attorney Hope Ivy Hamilton added to party Pain Doctor, Inc.(pty:pla), filed by Pain Doctor, Inc.. (Attachments: # (1) Summons for Colorado Pain Care, # (2) Summons for Summit Pain Consultants, # (3) Exhibit A, # (4) Exhibit B, # (5) Civil Cover Sheet)(Hamilton, Hope)
Aug 23, 2017 1 Summons for Colorado Pain Care (2)
Aug 23, 2017 1 Summons for Summit Pain Consultants (2)
Aug 23, 2017 1 Exhibit A (34)
Aug 23, 2017 1 Exhibit B (21)
Aug 23, 2017 1 Civil Cover Sheet (2)
Aug 23, 2017 2 Corporate Disclosure Statement (2)
Docket Text: CORPORATE DISCLOSURE STATEMENT. (Hamilton, Hope)
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