Britton v. Birmingham Nursing & Rehabilitation Center, LLC
Plaintiff: John Lloyd, Sr. and I. Ripton Britton, Jr.
Defendant: Birmingham Nursing & Rehabilitation Center, LLC, Mattie Banks and Michael Vickers
Case Number: 2:2007cv00080
Filed: January 10, 2007
Court: US District Court for the Northern District of Alabama
Office: Southern Office
County: Jefferson
Presiding Judge: Robert R Armstrong
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2008. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2008 Opinion or Order Filing 30 ORDER that the court having been advised that this cause is settled, the case is DISMISSED w/ prejudice, costs taxed as paid. Further provided, that any party has the right to reopen the action w/in 30 days, upon good cause shown, or to submit a stipulated form of final judgment. Signed by Magistrate-Judge Robert R Armstrong on 9/17/08. (CTS, )
September 11, 2008 Filing 29 NOTICE of Settlement by Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC (Rockwell, Thomas)
July 10, 2007 Opinion or Order ORDER granting #28 Motion for Extension of Time. Signed by Judge Robert R Armstrong on 07/10/07. (JTR)
July 9, 2007 Filing 28 MOTION for Extension of Time to Initiate Arbitration by Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC. (Rockwell, Thomas)
July 9, 2007 Opinion or Order ORDER granting #27 Motion to Withdraw as Attorney. Attorney Angela Cameron and James F Henry terminated as counsel for Birmingham Nursing & Rehabilitation Center, LLC. Signed by Judge Robert R Armstrong on 07/09/07. (JTR)
July 6, 2007 Filing 27 MOTION to Withdraw as Attorney and Substitute Counsel by Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela)
July 6, 2007 Filing 26 NOTICE of Appearance by Thomas M Rockwell and Kathleen C. Kaufman on behalf of Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC (Rockwell, Thomas) Modified on 7/9/2007 (CTS, ).
July 5, 2007 Opinion or Order ORDER denying #25 Motion to Withdraw as Attorney -- in the court's last order, it was noted that a motion to withdraw "will not be granted until new counsel make a valid appearance in the case". No new counsel have yet appeared. New counsel can appear by filing the appropriate documents with the clerk of court. Once new counsel appears, the movants may refile their motion to withdraw. Signed by Judge Robert R Armstrong on 07/05/07. (JTR)
July 2, 2007 Filing 25 MOTION to Withdraw as Attorney & Substitute Counsel by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela)
June 22, 2007 Filing 24 NOTICE by Birmingham Nursing & Rehabilitation Center, LLC of Withdrawal & Substitution of Counsel (Cameron, Angela)
June 22, 2007 Opinion or Order ORDER re #24 Notice (Other) filed by Birmingham Nursing & Rehabilitation Center, LLC -- the court treats this as a Motion to Withdaw. The motion is DENIED. Attorney Thomas M. Rockwell is not admitted to practice in this district. Attorney Kathleen C. Kaufman is admitted to practice in this district, however, apparently she has moved from another law firm and has not changed her old address in the clerk's system. Accordingly, no counsel will be terminated until a valid motion to withdraw has been filed. In addition, said motion will not be granted until new counsel make a valid appearance in the case. Signed by Judge Robert R Armstrong on 06/22/07. (JTR)
June 19, 2007 Opinion or Order Filing 23 ORDER as set out re #3 & #16 GRANTING Motions to Compel Arbitration and stay this case. Pla is ORDERED to initiate arbitration against the dfts w/in 20 days of the date of this order, & provide notification to this court thereof. It is further ORDERED that this case is STAYED pending the outcome of arbitration . Signed by Judge Robert R Armstrong on 6/19/07. (CTS, )
May 22, 2007 Opinion or Order ORDER granting #22 Motion to Substitute Party. John Lloyd, Sr. terminated. In place of the plaintiff is substituted "I. Ripton Britton, Jr., as Personal Representative of the Estate of John Lloyd, Sr." Signed by Judge Robert R Armstrong on 05/22/07. (JTR)
May 9, 2007 Opinion or Order ORDER setting motion deadline #22 Motion to Substitute Party. Any opposition to the motion should be filed within 11 days of the date of this order. Signed by Judge Robert R Armstrong on 05/09/07. (JTR)
May 8, 2007 Filing 22 MOTION to Substitute Party Plaintiff by John Lloyd, Sr. (Attachments: #1 Exhibit A#2 Exhibit B)(Petway, Michael)
April 24, 2007 Opinion or Order ORDER granting #21 Motion for Extension of Time -- a thirty day extension is granted. Signed by Judge Robert R Armstrong on 04/24/07. (JTR)
April 16, 2007 Filing 21 MOTION for Extension of Time by John Lloyd, Sr. to substitute party pla for the estate (Petway, Michael) Modified on 4/16/2007 (CTS, ).
April 9, 2007 Opinion or Order Filing 20 ORDER DENYING #6 Motion to Remand, in accordance with the #19 Memorandum Opinion entered herewith. Signed by Judge Virginia Emerson Hopkins on 4/9/2007. (JLC, )
April 9, 2007 Filing 19 MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/9/2007. (JLC, )
April 6, 2007 Opinion or Order Filing 18 ORDER REFERRING MOTION: the Clerk is hereby ORDERED to refer this motion to a district judge for disposition, the #6 MOTION to Remand is referred to Judge Virginia Emerson Hopkins. Signed by Judge Robert R Armstrong on 4/6/2007. (KSS, )
March 19, 2007 Filing 17 REPORT AND RECOMMENDATION as set out granting #10 MOTION to Strike #5 Amended Complaint filed by Birmingham Nursing & Rehabilitation Center, LLC; & recommending denying of Motion to Remand found in Response #6 ; Objections to R&R due by 3/29/2007. Signed by Judge Robert R Armstrong on 3/19/07. (CTS, ) Modified on 3/20/2007 (CTS, ).
February 13, 2007 Filing 16 MOTION for Joinder in Motion to Compel Arbitration & Stay Proceedings by Mattie Banks, Michael Vickers. (Cameron, Angela)
February 12, 2007 Filing 15 SUMMONS Returned Executed Michael Vickers served on 2/9/2007, answer due 3/1/2007. (Signed by Jackie Cochran) (CTS, )
February 9, 2007 Filing 14 Opposition to re #6 Motion to Remand filed by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela)
February 8, 2007 Filing 13 Summons Reissued as to Michael Vickers. Sent by cert mail. (CTS, )
February 7, 2007 Opinion or Order ORDER setting motion deadline #10 Motion to Strike Amended Complaint -- any opposition to this motion should be filed within 11 days of the date of this order. Signed by Judge Robert R Armstrong on 01/07/07. (JTR)
February 6, 2007 Filing 12 Summons Returned Unexecuted as to Michael Vickers - DEEMED FILED 1/31/07. No signature or service date on green card. (CTS, )
February 6, 2007 Filing 11 SUMMONS Returned Executed Mattie Banks served on 2/5/2007, answer due 2/25/2007. (green card signed by Mattie Banks) (CTS, )
February 5, 2007 Filing 10 MOTION to Strike #5 Amended Complaint by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela)
February 2, 2007 Filing 9 SUMMONS Returned Executed upon Birmingham Nursing & Rehabilitation Center, LLC ; Amd. Complaint served on 1/31/2007, answer due 4/1/2007. (Green card signed by D. Brown) (CTS, )
January 30, 2007 Filing 8 Summons Issued as to Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC. (Amended Complaint w/ cy of orig complaint) - Sent by cert. mail. (CTS, )
January 30, 2007 Opinion or Order ORDER re #6 Response (other), Response (other) filed by John Lloyd, Sr. -- any opposition to the motion to remand should be filed within 11 days of the date of this order. Signed by Judge Robert R Armstrong on 01/30/07. (JTR)
January 24, 2007 Filing 6 RESPONSE to re #1 w/ MOTION TO REMAND filed by John Lloyd, Sr. (Attachments: #1 Exhibit to Plaintiff's Response to Notice of Removal#2 Exhibit to Plaintiff's Response to Notice of Removal#3 Exhibit to Plaintiff's Response to Notice of Removal)(Petway, Michael) Modified on 1/25/2007 (CTS, ).
January 24, 2007 Filing 5 AMENDED COMPLAINT against all defendants, filed by John Lloyd, Sr.; Jury Demand; Request for service by cert mail. (Petway, Michael) Modified on 1/25/2007 (CTS, ). Modified on 3/20/2007 (CTS, ).(This document STRUCK pursuant to Order of 3/19/07 #17 )
January 23, 2007 Filing 7 CIVIL COST BILL fm Jeff Co Cir Court showing costs of $416.00 were paid. (CTS, )
January 17, 2007 Filing 4 SUGGESTION OF DEATH Upon the Record as to John Lloyd, Sr. by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela)
January 16, 2007 Opinion or Order ORDER setting motion deadline #3 Motion to Compel, setting motion deadline #3 Motion to Stay -- any opposition to the motions should be filed within 11 days of the date of this order. Signed by Judge Robert R Armstrong on 01/16/07. (JTR)
January 10, 2007 Filing 3 MOTION to Compel Arbitration & MOTION to Stay proceedings by Birmingham Nursing & Rehabilitation Center, LLC. (CTS, )
January 10, 2007 Filing 2 NOTICE of Corporate Disclosure by Birmingham Nursing & Rehabilitation Center, LLC (CTS, )
January 10, 2007 Filing 1 NOTICE OF REMOVAL filed by dft. Birmingham Nursing & Rehabilitation Center, LLC, from Jefferson Co. Cir. Court, case number CV-2006-6878, w attached exhs incl declaration of Michael Vickers. ( Filing fee $ 350.00, receipt #200-232827)(CTS, )

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Plaintiff: John Lloyd, Sr.
Represented By: Michael D Petway
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Plaintiff: I. Ripton Britton, Jr.
Represented By: Michael D Petway
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Defendant: Birmingham Nursing & Rehabilitation Center, LLC
Represented By: Angela C Smith
Represented By: James F Henry
Represented By: Kathleen C Kaufman
Represented By: Thomas M Rockwell
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Defendant: Mattie Banks
Represented By: Kathleen C Kaufman
Represented By: Thomas M Rockwell
Represented By: Angela C Smith
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Defendant: Michael Vickers
Represented By: Kathleen C Kaufman
Represented By: Thomas M Rockwell
Represented By: Angela C Smith
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