Barron et al v. Benchmark Senior Living, LLC
| Linda Barron, Estate of Leo Barron and Estate of Anna Barron |
| Benchmark Senior Living, LLC doing business as Greystone Farm at Salem |
| 1:2022cv00318 |
| August 15, 2022 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Andrea K Johnstone |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 16
MOTION for Lauren E. Denault to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2295116.) filed by Benchmark Senior Living, LLC.Follow up on Objection on 10/11/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit (Affidavit) of Lauren E. Denault)(Desmond, Joseph)
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ENDORSED ORDER. Text of Order: In light of the pending motion to dismiss and motion to remand, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). Accordingly, the September 29, 2022 pretrial conference is cancelled. The court will issue a scheduling order and reschedule the pretrial conference if necessary after resolution of the pending motions. So Ordered by Judge Samantha D. Elliott.(vln)
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Filing 15
SURREPLY to Reply to #4 MOTION to Dismiss for Failure to State a Claim REPLACES DOC. NO. 12 filed by Linda Barron. (Russman, Ryan)
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Filing 14
Proposed Discovery Plan filed by Benchmark Senior Living, LLC. In cases assigned to the Magistrate Judge, plaintiff, or the removing defendant if the case was initiated by a Notice of Removal, is responsible for filing a consent form on or before the deadline for filing the Discovery Plan using the Other Documents/Magistrate Judge Assignment--Consent/Objection event.(Desmond, Joseph)
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Filing 13
NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Russman, Ryan)
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Case reassigned to Judge Samantha D. Elliott. Reason for Reassignment: Not all parties consented to the assignment of this case to the Magistrate Judge. The new case designation is: 22-cv-318-SE. Please show this number with the correct judge designation on all further pleadings.(bf)
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Filing 12
FILED IN ERROR. REPLACED BY DOC. 15. SURREPLY to Reply to #4 MOTION to Dismiss for Failure to State a Claim , #8 MOTION to Remand Motion to Remand Removed Action filed by Linda Barron. (Russman, Ryan) Modified on 9/22/2022 to add text: "FILED IN ERROR. REPLACED BY DOC. 15" (bf).
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Filing 11
RESPONSE to Motion re #8 MOTION to Remand Motion to Remand Removed Action filed by Benchmark Senior Living, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Desmond, Joseph)
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Filing 10
REPLY to Objection to Motion re #4 MOTION to Dismiss for Failure to State a Claim (This replaces Doc. 9 per Clerk) filed by Benchmark Senior Living, LLC. Surreply due by 9/19/2022. (Attachments: #1 Exhibit 1)(Desmond, Joseph)
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Filing 9
FILED IN ERROR. REPLACED BY DOCUMENT NO. 10. REPLY to Objection to Motion re #8 MOTION to Remand Motion to Remand Removed Action filed by Benchmark Senior Living, LLC. Surreply due by 9/19/2022. (Attachments: #1 Exhibit 1)(Desmond, Joseph) Modified on 9/13/2022 to add text: "FILED IN ERROR. REPLACED BY DOCUMENT NO. 10." (bf).
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Filing 8
MOTION to Remand Motion to Remand Removed Action filed by Linda Barron. HEARING REQUESTED.Follow up on Objection on 9/20/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Russman, Ryan)
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Filing 7
OBJECTION to #4 MOTION to Dismiss for Failure to State a Claim Motion in Opposition filed by Linda Barron. Follow up on Reply on 9/13/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Russman, Ryan)
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Filing 6
Disclosure Statement by Benchmark Senior Living, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Desmond, Joseph)
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Filing 5
MEMORANDUM in Support re #4 MOTION to Dismiss for Failure to State a Claim filed by Benchmark Senior Living, LLC. (Attachments: #1 Exhibit Attorney General Opinion No. 2020-01, #2 Exhibit Wilhelms v. Promedica Health System, #3 Exhibit Wilhelms v. Promedica cont., #4 Exhibit Wilhelms v. Promedica cont., #5 Exhibit Wilhelms v. Promedica cont., #6 Exhibit Wilhelms v. Promedica cont., #7 Exhibit Mills v. Hartford Health, #8 Exhibit Mills v. Hartford Health cont., #9 Exhibit De Becker v. UHS of Delaware, Inc., #10 Exhibit Storment v. Walgreen Co., #11 Exhibit Druhan v. Hoge, #12 Exhibit Perez v. Oxford University, #13 Exhibit Zelig v. City Medical of New Jersey, #14 Exhibit Covid-19 Infection Prevention Protocols, #15 Exhibit Covid-19 Infection Prevention Protocol, #16 Exhibit Covid-19 Infection Prevention Protocol, #17 Exhibit Bulletin to family of residents at Greystone, #18 Exhibit Certificate of Death)(Desmond, Joseph)
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Filing 4
MOTION to Dismiss for Failure to State a Claim filed by Benchmark Senior Living, LLC. HEARING REQUESTED. If no consent form has yet been filed, the plaintiff is required to file a consent on or before the date of filing an objection to this Motion.Follow up on Objection on 9/6/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). MJ Consent Form Due 9/6/2022.(Desmond, Joseph)
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NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 9/29/2022 10:30 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 9/22/2022. If no consent form has been filed, a consent form is due on or before the deadline for filing the discovery plan.(kad)
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NOTICE of ECF Filing Error - NO ACTION REQUIRED - re: #5 Memorandum in Support of Motion filed by Benchmark Senior Living, LLC. Document should have been filed as an attachment to the main document. See AP 2.5(a). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(kad)
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Filing 3
Certified Copies of State Court Record. State Court Case No. 218-2022-cv-00512, Rockingham County Superior Court (Attachments: #1 Certificate of Service)(Desmond, Joseph)
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NOTICE re: #1 Notice of Removal - New Case, filed by Benchmark Senior Living, LLC. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Benchmark Senior Living, LLC shall file a disclosure statement by August 24, 2022. Disclosure Statement due 8/24/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ed)
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(ed)
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Filing 2
NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to all parties. MJ Consent Form Due 10/4/2022. (ed)
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Case assigned to US Magistrate Judge Andrea K Johnstone. The case designation is: 1:22-cv-318-AJ. Please show this number with the judge designation on all future pleadings. (ed)
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Rockingham Superior, case number 218-2022-cv-00512 (filing fee $402, receipt number ANHDC-2281492) filed by Benchmark Senior Living, LLC d/b/a Greystone Farm at Salem. Answer Follow Up on 9/6/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 8/29/2022. (Attachments: #1 Letter of Removal to Counsel, #2 Letter of Notice of Removal to State Court Clerk, #3 Civil Cover Sheet)(Desmond, Joseph)
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