This case was last updated from U.S. District Courts on 06/05/2021 at 09:47:49 (UTC).

Gonzalez et al v. Avertest, LLC

Case Summary

On 04/06/2021 Gonzalez filed a Personal Injury - Medical Malpractice lawsuit against Avertest, LLC. This case was filed in U.S. District Courts, Missouri Eastern District. The Judge overseeing this case is Patricia L. Cohen. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00403

  • Filing Date:

    04/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

Judge Details

Presiding Judge

Patricia L. Cohen

 

Party Details

Plaintiffs

Justin Gonzalez

Darrell E. Tullock, Jr.

Defendant

Avertest, LLC doing business as Averhealth

Attorney/Law Firm Details

Plaintiff Attorneys

Daniel Scott Levy

Attorney at LAW OFFICE OF RICHARD S CORNFELD LLC

1010 Market St., Suite 1645

St. Louis, MO 63101

C. John Pleban

Attorney at PLEBAN AND PETRUSKA LAW LLC

2010 S. Big Bend

St. Louis, MO 63117

J. C. Pleban

Attorney at PLEBAN AND PETRUSKA LAW LLC

2010 S. Big Bend

St. Louis, MO 63117

Richard S. Cornfeld

Attorney at LAW OFFICE RICHARD S CORNFELD

1010 Market Street, Suite 1645

St. Louis, MO 63101

Anthony S. Bruning, Jr.

Attorney at THE BRUNING LAW FIRM LLC

555 Washington Ave., Suite 600

St. Louis, MO 63101

Anthony S. Bruning

Attorney at THE BRUNING LAW FIRM LLC

555 Washington Ave., Suite 600

St. Louis, MO 63101

Ryan L. Bruning

Attorney at THE BRUNING LAW FIRM LLC

555 Washington Ave., Suite 600

St. Louis, MO 63101

Defendant Attorneys

Timothy J. Gearin

Attorney at ARMSTRONG TEASDALE LLP - St Louis

7700 Forsyth Blvd., Suite 1800

St. Louis, MO 63105

William Ray Price, Jr.

Attorney at ARMSTRONG TEASDALE LLP - St Louis

7700 Forsyth Blvd., Suite 1800

St. Louis, MO 63105

Jonathan Ryan Shulan

Attorney at ARMSTRONG TEASDALE LLP - St Louis

7700 Forsyth Blvd., Suite 1800

St. Louis, MO 63105

David G. Ott

Attorney at ARMSTRONG TEASDALE LLP - St Louis

7700 Forsyth Blvd., Suite 1800

St. Louis, MO 63105

 

Court Documents

#32

#31

#29

28 #1

Exhibit 1

#28

#27

#23

20 #2

Exhibit B

20 #1

Exhibit A

2 #1

Exhibit 1 - Notice of Removal

#2

1 #6

Original Filing Form

1 #5

Civil Cover Sheet

1 #4

Exhibit 4 - Delagnes Affidavit

1 #3

Exhibit 3 - State Court Docket

1 #2

Exhibit 2 - State Court File

1 #1

Exhibit 1 - DHSS Memorandm

#1

48 More Documents Available

 

Docket Entries

  • 05/26/2021
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  • 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)

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  • 05/26/2021
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  • 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)

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

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  • 05/21/2021
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  • 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)

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  • 05/20/2021
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  • 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)

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  • 05/20/2021
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  • 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)

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  • 05/19/2021
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  • 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)

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  • 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)

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  • 05/17/2021
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  • 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)

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  • 05/14/2021
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  • 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)

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

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  • 04/06/2021
  • 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)

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  • 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)

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  • 04/06/2021
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  • 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)

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

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

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

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  • 04/06/2021
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  • 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)

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  • 04/06/2021
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  • 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)

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  • 04/06/2021
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  • 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)

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