Kitchens, Jr. v. National Board of Medical Examiners et al
| Kentucky Eastern District Court | |
| Judge: | Danny C Reeves |
| Referred: | P So |
| Case #: | 5:24-cv-00151 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1337 Sherman-Clayton Act |
| Case Filed: | Jun 06, 2024 |
| Terminated: | Jan 28, 2025 |
| Last checked: Tuesday Dec 03, 2024 3:25 AM EST |
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Defendant
Educational Commission for Foreign Medical Graduates
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Represented By
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Defendant
Federation of State Medical Boards
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Represented By
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Defendant
National Board of Medical Examiners
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Represented By
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Plaintiff
Dr. Markus Kitchens, Jr.
622 Hampton Way #2
Richmond, KY 40475 |
GPO
Jan 28 2025
MEMORANDUM OPINION & ORDER: 1. Defendants National Board of Medical Examiners, Educational Commission for Foreign Medical Graduates, and the Federation of State Medical Boards' motion to dismiss for failure to state a claim 16, 21, and 28 is GRANTED. 2. The plaintiff's claims for violation of Section 2 of the Sherman Act 15 U.S.C. § 1 against all three defendants (Counts 1-3), violation of Section 2 of the Sherman Act 15 U.S.C. § 2 against all three defendants (Counts 4-6), and violation of Section 1 of the Sherman Act, 15 U.S.C. § 13 (Counts 7-9) are DISMISSED. 3. The plaintiff's motion for leave to file an Amended Complaint 35 is DENIED. Signed by Judge Danny C. Reeves on 1/28/2025.(STC)cc: COR and Markus Kitchens, Jr. by US Mail |
| Docket last updated: 87 minutes ago |
| Tuesday, January 28, 2025 | ||
| 43 | 43
order
Judgment
Tue 01/28 1:57 PM
JUDGMENT: 1. Judgment is entered in favor of Defendants National Board of Medical Examiners, Educational Commission for Foreign Medical Graduates, and Federation of State Medical Boards with respect to all claims asserted in this action. 2. This action is DISMISSED and STRICKEN from the Court's docket. 3. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Danny C. Reeves on 1/28/2025.(STC) |
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28
pgs
order
Memorandum Opinion and Order Terminate Motions
Tue 01/28 1:39 PM
MEMORANDUM OPINION & ORDER: 1. Defendants National Board of Medical Examiners, Educational Commission for Foreign Medical Graduates, and the Federation of State Medical Boards' motion to dismiss for failure to state a claim16 ,21 , and28 is GRANTED. 2. The plaintiff's claims for violation of Section 2 of the Sherman Act 15 U.S.C. § 1 against all three defendants (Counts 1-3), violation of Section 2 of the Sherman Act 15 U.S.C. § 2 against all three defendants (Counts 4-6), and violation of Section 1 of the Sherman Act, 15 U.S.C. § 13 (Counts 7-9) are DISMISSED. 3. The plaintiff's motion for leave to file an Amended Complaint35 is DENIED. Signed by Judge Danny C. Reeves on 1/28/2025.(STC) |
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| Monday, December 30, 2024 | ||
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respoth
Reply
Mon 12/30 10:53 AM
REPLY IN SUPPORT OF PLAINTIFF'S35 MOTION FOR LEAVE TO AMEND THE COMPLAINT AGAINST DEFENDANT FEDERATION OF STATE MEDICAL BOARDS filed by Markus Kitchens, Jr., pro se. (KMP) |
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| Wednesday, December 18, 2024 | ||
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File Submitted
Wed 12/18 6:31 AM
***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review:39 Reply to Response to Motion,40 Reply to Response to Motion (JLM) |
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| Tuesday, December 17, 2024 | ||
| 40 | 40
respm
Reply to Response to Motion
Tue 12/17 3:22 PM
REPLY IN SUPPORT OF PLAINTIFF'S35 MOTION FOR LEAVE TO AMEND THE COMPLAINT AGAINST DEFENDANT EDUCATIONAL COMMISSION OF FOREIGN MEDICAL GRADUATES filed by Markus Kitchens, Jr., pro se. (KMP) |
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| 39 | 39
respm
Reply to Response to Motion
Tue 12/17 3:20 PM
REPLY IN SUPPORT OF PLAINTIFF'S35 MOTION FOR LEAVE TO AMEND THE COMPLAINT AGAINST DEFENDANT NATIONAL BOARD OF MEDICAL EXAMINERS filed by Markus Kitchens, Jr., pro se. (KMP) |
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| Tuesday, December 10, 2024 | ||
| 38 | 38
respm
Response in Opposition to Motion
Tue 12/10 12:34 PM
RESPONSE in Opposition re35 MOTION for Leave to File by Markus Kitchens, Jr filed by Federation of State Medical Boards. (Bierig, Jack) |
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File Submitted
Tue 12/10 3:00 PM
***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review:37 Response in Opposition to Motion,38 Response in Opposition to Motion,36 Response in Opposition to Motion (JLM) |
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| Wednesday, December 04, 2024 | ||
| 37 | 37
respm
Response in Opposition to Motion
Wed 12/04 1:05 PM
RESPONSE in Opposition re35 MOTION for Leave to File by Markus Kitchens, Jr filed by National Board of Medical Examiners. (Burgoyne, Robert) |
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| 36 | 36
respm
Response in Opposition to Motion
Wed 12/04 6:24 AM
RESPONSE in Opposition re35 MOTION for Leave to File by Markus Kitchens, Jr filed by Educational Commission for Foreign Medical Graduates. (Kaufman, Noah) |
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| Thursday, November 21, 2024 | ||
| 35 | 35
motion
Leave to File Document
Thu 11/21 1:13 PM
MOTION for Leave to File Amended Complaint by Markus Kitchens, Jr., pro se. (KMP) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit Amended Complaint
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Motion Submitted
Thu 11/21 1:14 PM
***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re35 MOTION for Leave to File by Markus Kitchens, Jr (KMP) |
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| Thursday, September 12, 2024 | ||
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Motion Submitted
Thu 09/12 9:36 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re21 MOTION to Dismiss for failure to state a claim by Educational Commission for Foreign Medical Graduates (JLM) |
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| Wednesday, September 11, 2024 | ||
| 34 | 34
respm
Reply to Response to Motion
Wed 09/11 11:00 AM
REPLY to Response to Motion re21 MOTION to Dismiss for failure to state a claim by Educational Commission for Foreign Medical Graduates filed by Educational Commission for Foreign Medical Graduates. (Kaufman, Noah) |
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| Tuesday, September 10, 2024 | ||
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Motion Submitted
Tue 09/10 7:06 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re16 FIRST MOTION to Dismiss by Federation of State Medical Boards ,28 MOTION to Dismiss for failure to state a claim by National Board of Medical Examiners (JLM) |
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| Monday, September 09, 2024 | ||
| 33 | 33
respm
Reply to Response to Motion
Mon 09/09 4:15 PM
REPLY to Response to Motion re28 MOTION to Dismiss for failure to state a claim by National Board of Medical Examiners filed by National Board of Medical Examiners. (Burgoyne, Robert) |
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| 32 | 32
respm
Reply to Response to Motion
Mon 09/09 2:01 PM
REPLY to Response to Motion re16 FIRST MOTION to Dismiss by Federation of State Medical Boards filed by Federation of State Medical Boards. (Bierig, Jack) |
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| Wednesday, August 28, 2024 | ||
| 31 | 31
respm
Response in Opposition to Motion
Wed 08/28 2:23 PM
RESPONSE in Opposition re21 MOTION to Dismiss for failure to state a claim by Educational Commission for Foreign Medical Graduates filed by Markus Kitchens, Jr, pro se.(JLM) |
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Att: 1
Exhibit A, Application for ECFMG Certification Summary,
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Att: 2
Proposed Order
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| Monday, August 26, 2024 | ||
| 30 | 30
respm
Response in Opposition to Motion
Mon 08/26 2:38 PM
RESPONSE IN OPPOSITION TO DEFENDANT FEDERATION OF STATE MEDICAL BOARDS MOTION TO DISMISS16 filed by Markus Kitchens, Jr., pro se.(KMP) |
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Att: 1
Proposed Order
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| 29 | 29
respoth
Response
Mon 08/26 2:36 PM
RESPONSE IN OPPOSITION TO DEFENDANTNATIONAL BOARD OF MEDICAL EXAMINERS' MOTION TO DISMISS filed by Markus Kitchens, Jr., pro se.(KMP) |
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Att: 1
Proposed Order
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| Friday, August 09, 2024 | ||
| 28 | 28
motion
Dismiss for Failure to State a Claim
Fri 08/09 2:41 PM
MOTION to Dismiss for failure to state a claim by National Board of Medical Examiners(Burgoyne, Robert) |
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Att: 1
Decl. of Daniel Jurich, Ph.D.,
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Att: 2
Exhibit A to Jurich Decl.,
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Att: 3
Exhibit B to Jurich Decl.,
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Att: 4
Exhibit C to Jurich Decl.,
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Att: 5
Exhibit D to Jurich Decl.,
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Att: 6
Exhibit E to Jurich Decl.,
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Att: 7
Exhibit F to Jurich Decl.,
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Att: 8
Exhibit G to Jurich Decl.,
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Att: 9
Decl. of Caroline Mew,
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Att: 10
Exhibit A to Mew Decl.,
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Att: 11
Exhibit B to Mew Decl.,
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Att: 12
Proposed Order
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order
Order on Motion for Miscellaneous Relief
Fri 08/09 9:32 AM
VIRTUAL ORDER: granting25 MOTION to Seal Dkt.13 and Refile Motion to Dismiss with Redactions by National Board of Medical Examiners. The Clerk of the Court is DIRECTED to seal Record No.13 and NBME is DIRECTED to re-file its motion to dismiss and supporting documents. However, NBME's motion to dismiss is deemed filed as of August 5, 2024, and the deadline for a response under the local rules is not altered. Signed by Judge Danny C. Reeves on 8/9/24. (JLM) |
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| 26 | 26
order
Order on Motion Appear Pro Hac Vice
Fri 08/09 9:22 AM
VIRTUAL ORDER: granting24 MOTION for Nicholas B. Pfeiffer to Appear Pro Hac Vice by Educational Commission for Foreign Medical Graduates (Filing fee $125; receipt number AKYEDC-5898166). Signed by Judge Danny C. Reeves on 8/9/24. (JLM) |
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misc
Bar Status Check
Fri 08/09 6:21 AM
BAR STATUS Check completed as to Nicholas Pfeiffer re24 MOTION for Nicholas B. Pfeiffer to Appear Pro Hac Vice by Educational Commission for Foreign Medical Graduates ( Filing fee $125; receipt number AKYEDC-5898166). (JLM) |
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Motion Submitted
Fri 08/09 6:23 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re25 MOTION to Seal Dkt. 13 and Refile Motion to Dismiss with Redactions by National Board of Medical Examiners ,24 MOTION for Nicholas B. Pfeiffer to Appear Pro Hac Vice by Educational Commission for Foreign Medical Graduates ( Filing fee $125; receipt number AKYEDC-5898166) (JLM) |
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notice
Notice for Attorney to Request E-Filing Privileges
Fri 08/09 9:24 AM
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Nicholas B. Pfeiffer: re 26 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Nicholas B. Pfeiffer (JLM) |
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| Thursday, August 08, 2024 | ||
| 25 | 25
motion
Miscellaneous Relief
Thu 08/08 4:20 PM
MOTION to Seal Dkt. 13 and Refile Motion to Dismiss with Redactions by National Board of Medical Examiners(Burgoyne, Robert) |
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Att: 1
Proposed Order
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| 24 | 24
motion
Appear Pro Hac Vice
Thu 08/08 3:54 PM
MOTION for Nicholas B. Pfeiffer to Appear Pro Hac Vice by Educational Commission for Foreign Medical Graduates ( Filing fee $125; receipt number AKYEDC-5898166)(Sweitzer, Stephanie) |
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Att: 1
Exhibit A Declaration of Nicholas B. Pfeiffer,
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Att: 2
Proposed Order
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| 23 | 23
notice
Attorney Notice
Thu 08/08 8:30 AM
NOTICE TO ATTORNEY Nicholas Pfeiffer by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2(JLM) |
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Att: 1
Admission Packet
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Add and Terminate Attorneys
Thu 08/08 8:16 AM
Attorney Update. Attorney Nicholas Pfeiffer for Educational Commission for Foreign Medical Graduates added. (JLM) |
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| Wednesday, August 07, 2024 | ||
| 22 | 22
misc
Disclosure Statement pursuant to FRCP 7.1
Wed 08/07 10:35 AM
FRCP 7.1 DISCLOSURE STATEMENT by Educational Commission for Foreign Medical Graduates. (Kaufman, Noah) |
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| 21 | 21
motion
Dismiss for Failure to State a Claim
Wed 08/07 10:33 AM
MOTION to Dismiss for failure to state a claim by Educational Commission for Foreign Medical Graduates(Kaufman, Noah) |
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Att: 1
Proposed Order
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| Tuesday, August 06, 2024 | ||
| 20 | 20
order
Order on Motion Appear Pro Hac Vice
Tue 08/06 3:55 PM
VIRTUAL ORDER: granting19 MOTION for Noah J. Kaufman to Appear Pro Hac Vice by Educational Commission for Foreign Medical Graduates (Filing Fee $125; receipt number AKYEDC-5896259). Signed by Judge Danny C. Reeves on 8/6/2024. (KCF) |
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| 19 | 19
motion
Appear Pro Hac Vice
Tue 08/06 3:17 PM
MOTION for Noah J. Kaufman to Appear Pro Hac Vice by Educational Commission for Foreign Medical Graduates ( Filing fee $125; receipt number AKYEDC-5896259)(Sweitzer, Stephanie) |
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Att: 1
Exhibit A Declaration of Noah J. Kaufman,
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Att: 2
Proposed Order
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| 18 | 18
notice
Notice of Appearance
Tue 08/06 11:45 AM
NOTICE of Appearance by Stephanie L. Sweitzer on behalf of Educational Commission for Foreign Medical Graduates (Sweitzer, Stephanie) |
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misc
Bar Status Check
Tue 08/06 3:52 PM
BAR STATUS Check completed as to Noah J. Kaufman re19 MOTION for Noah J. Kaufman to Appear Pro Hac Vice by Educational Commission for Foreign Medical Graduates ( Filing fee $125; receipt number AKYEDC-5896259). (STC) |
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| Monday, August 05, 2024 | ||
| 17 | 17
misc
Disclosure Statement pursuant to FRCP 7.1
Mon 08/05 6:07 PM
FRCP 7.1 DISCLOSURE STATEMENT by Federation of State Medical Boards. (Bierig, Jack) |
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| 16 | 16
motion
Dismiss
Mon 08/05 6:00 PM
FIRST MOTION to Dismiss by Federation of State Medical Boards(Bierig, Jack) |
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Att: 1
Proposed Order
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| 15 | 15
order
Order on Motion Appear Pro Hac Vice
Mon 08/05 4:50 PM
VIRTUAL ORDER: Federation of State Medical Boards'11 &12 Motions for Attys Jack R. Bierig & Catherine M Masters to appear Pro Hac Vice are GRANTED. Signed by Judge Danny C. Reeves on 08/05/2024. (DC) |
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| 14 | 14
misc
Disclosure Statement pursuant to FRCP 7.1
Mon 08/05 1:40 PM
FRCP 7.1 DISCLOSURE STATEMENT by National Board of Medical Examiners. (Burgoyne, Robert) |
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| 13 | 13
motion
Dismiss for Failure to State a Claim
Mon 08/05 1:36 PM
MOTION to Dismiss for failure to state a claim by National Board of Medical Examiners(Burgoyne, Robert) |
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Att: 1
Decl. of Daniel Jurich, Ph.D.,
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Att: 2
Exhibit A to Jurich Decl.,
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Att: 3
Exhibit B to Jurich Decl.,
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Att: 4
Exhibit C to Jurich Decl.,
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Att: 5
Exhibit D to Jurich Decl.,
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Att: 6
Exhibit E to Jurich Decl.,
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Att: 7
Exhibit F to Jurich Decl.,
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Att: 8
Exhibit G to Jurich Decl.,
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Att: 9
Decl. of Caroline Mew,
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Att: 10
Exhibit A to Mew Decl.,
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Att: 11
Exhibit B to Mew Decl.,
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Att: 12
Proposed Order
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| 12 | 12
motion
Appear Pro Hac Vice
Mon 08/05 10:21 AM
MOTION for Catherine M. Masters to Appear Pro Hac Vice by Federation of State Medical Boards.(KCF) |
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Att: 1
Exhibit A. Bar Admissions,
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Att: 2
Proposed Order,
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Att: 3
Receipt
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| 11 | 11
motion
Appear Pro Hac Vice
Mon 08/05 10:17 AM
MOTION for Jack R. Bierig to Appear Pro Hac Vice by Federation of State Medical Boards.(KCF) |
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Att: 1
Exhibit A. Bar Admissions,
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Att: 2
Proposed Order,
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Att: 3
Receipt
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misc
Bar Status Check
Mon 08/05 10:18 AM
BAR STATUS Check completed re11 MOTION for Jack R. Bierig to Appear Pro Hac Vice by Federation of State Medical Boards. (KCF) |
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misc
Bar Status Check
Mon 08/05 10:22 AM
BAR STATUS Check completed re12 MOTION for Catherine M. Masters to Appear Pro Hac Vice by Federation of State Medical Boards. (KCF) |
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| Monday, July 29, 2024 | ||
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notice
Notice for Attorney to Request E-Filing Privileges
Mon 07/29 8:58 AM
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Caroline Mew and Robert Burgoyne: re10 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Caroline Mew and Robert Burgoyne (STC) |
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| Friday, July 26, 2024 | ||
| 10 | 10
1
pgs
order
Order on Motion Appear Pro Hac Vice
Fri 07/26 5:05 PM
ORDER: granting8 Motion to Appear Pro Hac Vice for Caroline Mew; granting9 Motion to Appear Pro Hac Vice for Robert Burgoyne. Signed by Judge Danny C. Reeves on 7/26/2024. (STC) |
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| 9 | 9
motion
Appear Pro Hac Vice
Fri 07/26 3:31 PM
MOTION for Robert Burgoyne to Appear Pro Hac Vice by National Board of Medical Examiners(JLM) |
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Att: 1
Exhibit A Courts of Admission,
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Att: 2
Proposed Order,
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Att: 3
Receipt
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| 8 | 8
motion
Appear Pro Hac Vice
Fri 07/26 3:28 PM
MOTION for Caroline Mew to Appear Pro Hac Vice by National Board of Medical Examiners(JLM) |
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Att: 1
Exhibit A Courts of Admission,
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Att: 2
Proposed Order,
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Att: 3
Receipt
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misc
Bar Status Check
Fri 07/26 5:03 PM
BAR STATUS Check completed as to Caroline M. Mew, Robert A. Burgoyne re9 MOTION for Robert Burgoyne to Appear Pro Hac Vice by National Board of Medical Examiners,8 MOTION for Caroline Mew to Appear Pro Hac Vice by National Board of Medical Examiners. (STC) |
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| Wednesday, July 10, 2024 | ||
| 7 | 7
service
Summons Issued/Reissued
Wed 07/10 4:05 PM
Summons Issued as to All Defendants and returned in person.(JLM) |
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Att: 1
Summons,
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Att: 2
Summons
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| Wednesday, June 26, 2024 | ||
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Case No Longer Referred
Wed 06/26 10:50 AM
Case no longer referred to P SO. (JLM) |
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| Tuesday, June 11, 2024 | ||
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2
pgs
order
Order on Motion for Leave
Tue 06/11 1:42 PM
ORDER: denying5 Plaintiff's Motion for Leave to File Electronically. Signed by Judge Danny C. Reeves on 6/11/24. (JLM) |
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| 5 | 5
motion
For Leave
Tue 06/11 12:55 PM
MOTION for Leave to File Electronically by Markus Kitchens, Jr., pro se.Motions referred to P SO. (KCF) |
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Motion Submitted
Tue 06/11 12:55 PM
***MOTION SUBMITTED TO CHAMBERS of PSO for review: re5 MOTION for Leave by Markus Kitchens, Jr (KCF) |
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| Thursday, June 06, 2024 | ||
| 4 | 4
order
Standing Order re: Disclosure of Contact Information
Thu 06/06 2:46 PM
STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. (KCF) |
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| 3 | 3
notice
Pro Se Information Packet
Thu 06/06 2:45 PM
IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court.[LINK:Click here for more information on the rules.] It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail(KCF) |
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Att: 1
Sample Caption
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| 1 | 1
cmp
Complaint
Thu 06/06 2:42 PM
COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $405; receipt number 500003759), filed by Dr. Markus Kitchens, Jr, pro se.(KCF) |
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Att: 1
Exhibits 1-27; USMLE Documents,
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Att: 2
Receipt Dr. Markus Kitchens, Jr.
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misc
Conflict Check
Thu 06/06 2:43 PM
Conflict Check run. (KCF) |
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File Submitted
Thu 06/06 2:51 PM
***FILE SUBMITTED TO CHAMBERS of PSO for review:1 Complaint (KCF) |
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