Britton v. Birmingham Nursing & Rehabilitation Center, LLC
John Lloyd, Sr. and I. Ripton Britton, Jr. |
Birmingham Nursing & Rehabilitation Center, LLC, Mattie Banks and Michael Vickers |
2:2007cv00080 |
January 10, 2007 |
US District Court for the Northern District of Alabama |
Southern Office |
Jefferson |
Robert R Armstrong |
Personal Inj. Med. Malpractice |
28 U.S.C. § 1441 Petition for Removal- Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on September 17, 2008. A more recent docket listing may be available from PACER.
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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, ) |
Filing 29 NOTICE of Settlement by Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC (Rockwell, Thomas) |
ORDER granting #28 Motion for Extension of Time. Signed by Judge Robert R Armstrong on 07/10/07. (JTR) |
Filing 28 MOTION for Extension of Time to Initiate Arbitration by Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC. (Rockwell, Thomas) |
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) |
Filing 27 MOTION to Withdraw as Attorney and Substitute Counsel by Mattie Banks, Michael Vickers, Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela) |
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, ). |
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) |
Filing 25 MOTION to Withdraw as Attorney & Substitute Counsel by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela) |
Filing 24 NOTICE by Birmingham Nursing & Rehabilitation Center, LLC of Withdrawal & Substitution of Counsel (Cameron, Angela) |
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) |
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, ) |
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) |
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) |
Filing 22 MOTION to Substitute Party Plaintiff by John Lloyd, Sr. (Attachments: #1 Exhibit A#2 Exhibit B)(Petway, Michael) |
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) |
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, ). |
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, ) |
Filing 19 MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/9/2007. (JLC, ) |
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, ) |
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, ). |
Filing 16 MOTION for Joinder in Motion to Compel Arbitration & Stay Proceedings by Mattie Banks, Michael Vickers. (Cameron, Angela) |
Filing 15 SUMMONS Returned Executed Michael Vickers served on 2/9/2007, answer due 3/1/2007. (Signed by Jackie Cochran) (CTS, ) |
Filing 14 Opposition to re #6 Motion to Remand filed by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela) |
Filing 13 Summons Reissued as to Michael Vickers. Sent by cert mail. (CTS, ) |
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) |
Filing 12 Summons Returned Unexecuted as to Michael Vickers - DEEMED FILED 1/31/07. No signature or service date on green card. (CTS, ) |
Filing 11 SUMMONS Returned Executed Mattie Banks served on 2/5/2007, answer due 2/25/2007. (green card signed by Mattie Banks) (CTS, ) |
Filing 10 MOTION to Strike #5 Amended Complaint by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela) |
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, ) |
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, ) |
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) |
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, ). |
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 ) |
Filing 7 CIVIL COST BILL fm Jeff Co Cir Court showing costs of $416.00 were paid. (CTS, ) |
Filing 4 SUGGESTION OF DEATH Upon the Record as to John Lloyd, Sr. by Birmingham Nursing & Rehabilitation Center, LLC. (Cameron, Angela) |
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) |
Filing 3 MOTION to Compel Arbitration & MOTION to Stay proceedings by Birmingham Nursing & Rehabilitation Center, LLC. (CTS, ) |
Filing 2 NOTICE of Corporate Disclosure by Birmingham Nursing & Rehabilitation Center, LLC (CTS, ) |
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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