Gonzalez et al v. Avertest, LLC

Docket***REMARK- Memorandum and Order #27 and Order #32 mailed to the Attorney General of Missouri at the Office of the Attorney General of Missouri, 207 W. High Street, P.O. Box 899, Jefferson City, MO 65102-0899 as of this date. (CLO) (Entered: 05/26/2021)

Docket(#32) ORDER: IT IS HEREBY ORDERED that the Clerk shall send the Court's Order of May 19, 2021 [ECF No. #27 ] to the Attorney General of Missouri at the Office of the Attorney General of Missouri, 207 W. High Street, P.O. Box 899, Jefferson City, MO 65102-0899. IT IS FURTHER ORDERED that the hearing on Defendant Avertest, LLC's motion to dismiss scheduled for June 2, 2021 [ECF No. 26 ] is VACATED and will be reset after the Attorney General of Missouri has time to intervene and all materials pertaining to the motion to dismiss are filed. Signed by Magistrate Judge Patricia L. Cohen on 5/26/2021. (CLO) (Entered: 05/26/2021)

Docket(#31) JOINT SCHEDULING PLAN by Plaintiffs Justin Gonzalez, Darrell E. Tullock, Jr.. . (Cornfeld, Richard) (Entered: 05/25/2021)

Docket(#30) Docket Text ORDER: IT IS HEREBY ORDERED Plaintiff's #29 Consent MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss Case (Motion to Dismiss Amended Complaint) is GRANTED. Plaintiffs have until June 11, 2021 to respond to Defendant's motion to dismiss [ECF No. #23 ]. (Response to Court due by 6/11/2021.) Signed by Magistrate Judge Patricia L. Cohen on 5/21/2021. (LNJ) (Entered: 05/21/2021)

Docket(#29) Consent MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss Case (Motion to Dismiss Amended Complaint) by Plaintiffs Justin Gonzalez, Darrell E. Tullock, Jr.. (Cornfeld, Richard) (Entered: 05/20/2021)

Docket(#28) NOTICE Constitutional Question: by Plaintiffs Justin Gonzalez, Darrell E. Tullock, Jr. re #27 Memorandum & Order,,,,, (Attachments: #1 Exhibit 1)(Cornfeld, Richard) (Entered: 05/20/2021)

Docket(#27) MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff shall file the proposed Notice of Constitutional Question and provide notice to the Attorney General of Missouri in accordance with Federal Rules of Civil Procedure 5.1(a)(1) & (2). [ECF No. 22-1] IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. 2403, the Court certifies to the Attorney General of Missouri that "a [Missouri] statute has been [constitutionally] questioned," in part, by an allegation, specifically paragraph 145, in Plaintiffs' first amended class action complaint [ECF No. #20 ]. IT IS FURTHER ORDERED that, on or before June 2, 2021, the Attorney General of Missouri shall file a memorandum advising the Court and parties whether Missouri intends to seek intervention in this lawsuit. IT IS FURTHER ORDERED that, if the Attorney General of Missouri intends to seek intervention, he shall file material seeking intervention on or before June 16, 2021. IT IS FURTHER ORDERED that the parties shall file, within fourteen days after the Attorney General of Missouri files material in response to this Order, their responses to the Attorney General's material. IT IS FINALLY ORDERED that the Court VACATES the Rule 16 conference scheduled for June 2, 2021, to be reset after the Attorney General of Missouri has had adequate opportunity to intervene. Signed by Magistrate Judge Patricia L. Cohen on 5/19/2021. (CLO) (Entered: 05/19/2021)

Docket(#26) Docket Text ORDER: The Court resets the Rule 16 and Motion hearing to June 2, 2021 at 10:00 a.m. by Zoom Video Conference. (Motion Hearing and Rule 16 Conference set for 6/2/2021 10:00 AM by Zoom Video Conference before Magistrate Judge Patricia L. Cohen.) Signed by Magistrate Judge Patricia L. Cohen on 5/19/2021. (LNJ) (Entered: 05/19/2021)

Docket(#25) NOTICE Defendant's Memorandum in Response to Order of May 10, 2021: by Defendant Avertest, LLC re #21 Order,,,, (Gearin, Timothy) (Entered: 05/17/2021)

Docket(#24) MEMORANDUM in Support of Motion re #23 MOTION to Dismiss Case (Motion to Dismiss Amended Complaint) filed by Defendant Avertest, LLC. (Attachments: #1 Exhibit 1 - CAP-FDT Certificate, #2 Exhibit 2 - CLIA Certificate, #3 Exhibit 3 - DEA Certificate, #4 Exhibit 4 - Gonzalez Patient Forms, #5 Exhibit 5 - Tullock Patient Forms, #6 Exhibit 6 - DSM-5 Substance-Related and Addictive Disorders)(Gearin, Timothy) (Entered: 05/14/2021)

Docket(#9) ENTRY of Appearance by Anthony S. Bruning for Plaintiffs Justin Gonzalez, Darrell E. Tullock, Jr.. (Bruning, Anthony) (Entered: 04/07/2021)

Docket(#8) Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) (Entered: 04/06/2021)

DocketCase Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Judge Assigned: Honorable Patricia L. Cohen. (JKL) (Entered: 04/06/2021)

Docket(#7) Petition (Removal/Transfer) Received From: Circuit Court for the County of St. Louis, filed by Justin Gonzalez, Darrell E. Tullock, Jr.. (Attachments: #1 Exhibit State of Michigan Midland County Document)(JKL) (Entered: 04/06/2021)

Docket(#6) ENTRY of Appearance by David G. Ott for Defendant Avertest, LLC. (Ott, David) (Entered: 04/06/2021)

Docket(#5) ENTRY of Appearance by William Ray Price, Jr for Defendant Avertest, LLC d/b/a Averhealth. (Price, William) (Entered: 04/06/2021)

Docket(#4) ENTRY of Appearance by Jonathan Ryan Shulan for Defendant Avertest, LLC d/b/a Averhealth. (Shulan, Jonathan) (Entered: 04/06/2021)

Docket(#3) DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Avertest, LLC d/b/a Averhealth. Parent companies: N/A, Subsidiaries: N/A, Publicly held company: N/A,. (Gearin, Timothy) (Entered: 04/06/2021)

Docket(#2) NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Avertest, LLC d/b/a Averhealth Sent To: Plaintiff (Attachments: #1 Exhibit 1 - Notice of Removal)(Gearin, Timothy) (Entered: 04/06/2021)

Docket(#1) NOTICE OF REMOVAL from ST. Louis County Circuit Court, case number 21SL-CC00937, with receipt number AMOEDC-8572652, in the amount of $402 Jury Demand,, filed by Avertest, LLC d/b/a Averhealth. (Attachments: #1 Exhibit 1 - DHSS Memorandm, #2 Exhibit 2 - State Court File, #3 Exhibit 3 - State Court Docket, #4 Exhibit 4 - Delagnes Affidavit, #5 Civil Cover Sheet, #6 Original Filing Form)(Gearin, Timothy) (Entered: 04/06/2021)