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12-174 - St. Louis Heart Center, Inc. v. Vein Centers for Excellence, Inc.


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12-174 - St. Louis Heart Center, Inc. v. Vein Centers for Excellence, Inc.
March 14, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant's motion to dismiss or in the alternative to strike allegations in Count I directed to the faxes at exhibit 1-3 of the Complaint [#10] is granted in part and denied in part. The claims related to the faxes at exhibits 1-3 are dismissed and exhibits 1-3 themselves are hereby striken from the record. Count I of the plaintiff's Complaint shall proceed only as to the alleged violations occurring on or after December 23, 2007. IT IS FURTHER ORDERED that defendant's motion to dismiss the request for class certification in Count I of the plaintiff's Complaint [#8] is denied. IT IS FINALLY ORDERED that defendant shall file its answer within fourteen (14) days of the date of this order. Signed by Honorable Catherine D. Perry on March 14, 2012. (BRP)
December 11, 2013
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that plaintiff's amended motion to certify class [# 31] is granted, with the two minor amendments set forth above. IT IS FURTHER ORDERED that there will be a supplemental telephone scheduling conference on Thursday, January 23, 2014 at 1:30 p.m. to discuss class notification and scheduling issues. Plaintiff's counsel is responsible for placing the call to my chambers at 314-244-7520 after assuring that all necessary counsel are on the line. The parties shall file a joint memorandum no later than January 17, 2014 setting out the issues for discussion at the status conference, as well as any areas of agreement and disagreement between the parties, and a proposed schedule for class notification and discovery for the remainder of the case. All proposed orders for my consideration at the status conference shall be filed by January 17, 2014. ( Status Report/Proposed Orders due by 1/17/2014. Telephone Conference set for 1/23/2014 01:30 PM via Telephone.) Signed by District Judge Catherine D. Perry on 12/11/2013. (CBL)
March 11, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that defendant's motion for leave to conduct limited class discovery [#49] is denied without prejudice. IT IS FURTHER ORDERED that defendant may file another motion for class discovery no later than April 11, 2014. Plaintiff shall file any brief in opposition no later than April 24, 2014, and defendant must file any reply brief no later than May 2, 2014. Signed by District Judge Catherine D. Perry on 03/11/2014. (CBL)
November 4, 2015
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the stay in this case is lifted, and defendant's renewed motion to decertify the class and to conduct discovery [#69] is denied. IT IS FURTHER ORDERED that no later than November 19, 2015, counsel shall file a joint proposed schedule for all steps necessary to resolve this case. Counsel must file one joint proposal; if they cannot agree on an appropriate schedule, the joint proposal must set out their differences and what each side is proposing. After reviewing the joint proposal, the Court will determine whether a telephone conference is needed before entry of an Amended Case Management Order. Signed by District Judge Catherine D. Perry on 11/4/2015. (CBL)
February 7, 2017
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff Heart Center's motion for summary judgment [ECF No. 81] is DENIED. IT IS FURTHER ORDERED that defendant Vein Centers will have thirty (30) days from the date of this order to file either a motion for summary judgment or motion for class decertification. If no motion is filed within this time period, the court will set this case for a telephone scheduling conference to discuss an appropriate trial date. Signed by District Judge Catherine D. Perry on 2/7/17. (EAB)
July 5, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Vein Center's motion for summary judgment is denied, but its alternative motion for class decertification [ECF No. 100] is granted. The Rule 23 class in this case is decertified and this case shall proceed as to the named plaintiff St. Louis Heart Center, Inc. only. IT IS FURTHER ORDERED that counsel for the parties shall meet and confer and file, no later than July 20, 2017 a joint proposed schedule for all steps remaining that are necessary to resolve this case, including proposing several dates that both sides are available for trial and stating the anticipated length of trial. If the parties cannot agree as to any matter, the disagreement must be set out clearly in the joint proposal. ( Joint Scheduling Plan due by 7/20/2017.) Signed by District Judge Catherine D. Perry on July 5, 2017. (MCB)
October 5, 2017
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MEMORANDUM OPINION. (See Full Opinion.) As I have concluded that the statutory damage amount of $500 applies to this single violation of the TCPA, I will enter judgment in favor of plaintiff St. Louis Heart Center, Inc. in that amount. A separate judgment consistent with this opinion will be entered today. Signed by District Judge Catherine D. Perry on 10/05/2017. (CBL)