Smith v. Elba Nursing and Rehabilitation Center, LLC et al
| Dorothy Smith |
| Elba Nursing and Rehabilitation Center, LLC, Aurora Cares, LLC doing business as Tara Cares and Aurora Cares, LLC a limited liability company doing business as Tara Cares |
| 1:2022cv00279 |
| May 5, 2022 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Emily C Marks |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
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This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.
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Filing 15
MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that the consent motion to compel arbitration (doc. #14 ) is GRANTED as further set out in the order, and this case is STAYED pending further Orders of this Court so the parties may submit to arbitration. It is further ORDERED that on or before the fifth day of each month, beginning on 1/1/2023, the parties shall file a joint status report advising the Court of the status of the arbitration. It is further ORDERED that the Court's Rule 26(f) Order entered on 6/17/2022 (doc. #13 ) is VACATED.Signed by Chief Judge Emily C. Marks on 6/27/2022. (dmn, )
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Filing 14
Consent MOTION to Compel Arbitration by Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC. & Dorothy Smith (Attachments: #1 Exhibit A - Arbitration Agreement)(Sproule, Robert) Modified on 6/24/2022 to add joint filer (am, ). (Additional attachment(s) added on 6/24/2022: #4 Corrected Signature Page) (am, ).
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Filing 13
[VACATED PURSUANT TO #15 MEMORANDUM OPINION AND ORDER.] RULE 26(f) ORDER: DIRECTING that the Rule 26(f) report containing the discovery plan and utilizing one of the undersigned's trial terms shall be filed as soon as practicable but not later than July 8, 2022, as further set out in Order. Signed by Chief Judge Emily C. Marks on 6/17/2022. (am, ) Modified on 6/27/2022 (dmn, ).
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Filing 12
AMENDED NOTICE OF REMOVAL by Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC from Circuit Court of Coffee Co., AL, case number CV-2022-900009. , filed by Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Affidavit of Norbert Bennett, #3 Exhibit C - Affidavit of Donald Denz)(Sproule, Robert)
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Filing 11
ORDER: it is ORDERED that the Court's 5/9/2022 #7 Order is VACATED, as further set out in Order. Signed by Chief Judge Emily C. Marks on 6/6/2022. (am, )
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Filing 10
ORDER: it is ORDERED that on or before 6/17/2022, the Defendants shall amend their Notice of Removal to sufficiently allege jurisdiction, as further set out in ORder. Signed by Chief Judge Emily C. Marks on 6/6/2022. (am, )
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Filing 9
Case reassigned to Chief Judge Emily C. Marks as presiding judge and Honorable Judge Jerusha T. Adams as referral judge; Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding judge. (bes, )
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Filing 8
NOTICE of "Notice of Filing #1 Notice of Removal filed with the Circuit Court of Coffee County, Alabama" by Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC. (Attachments: #1 Exhibit A - Notice of Filing NOR)(Sproule, Robert) Modified on 5/17/2022 to reflect actual title and clean up text. (dmn, )
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Filing 7
(VACATED PURSUANT TO THE COURT'S #10 ORDER) RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 6/14/2022. Signed by Honorable Judge Jerusha T. Adams on 5/9/2022. (dmn, ) Modified on 6/6/2022 (am, ).
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Filing 6
ORDER: The parties in this case have been notified that this case has been assigned to a Magistrate Judge (Doc. No. #5 .) Each party has the right to consent or request reassignment of this matter to a district judge. Accordingly, it is ORDERED that the parties should now make their selection in writing to consent or request reassignment. The parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 5/31/2022 as further set out in the order. Signed by Honorable Judge Jerusha T. Adams on 5/9/2022. (dmn, )
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Filing 5
NOTICE of Assignment to Magistrate Judge sent to counsel for ALL parties, Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC, Dorothy Smith. (dmn, )
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Filing 4
Corporate/Conflict Disclosure Statement by Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC. (dmn, )
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Filing 3
ANSWER to Complaint with JURY DEMAND by Aurora Cares, LLC.(dmn, ) (Main Document 3 replaced on 5/9/2022) (dmn, ). Modified on 5/9/2022 to include demand for jury trial on first page of answer. (dmn, )
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Filing 2
ANSWER to Complaint with JURY DEMAND by Elba Nursing and Rehabilitation Center, LLC.(dmn, ) (Main Document 2 replaced on 5/9/2022) (dmn, ). Modified on 5/9/2022 to include demand for jury trial on first page of answer. (dmn, )
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Filing 1
NOTICE OF REMOVAL by Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC from Circuit Court of Coffee County, Alabama, case number 19-CV-2022-900009.00. ( Filing fee $ 402.00 receipt number 4602066744) (Attachments: #1 Exhibit A, State Court Pleadings, #2 Exhibit B, Affidavit of Norbert A. Bennett, #3 Exhibit C, Affidavit of Donald T. Denz, #4 Civil Cover Sheet, #5 Filing Fee Receipt, #6 State Court Complaint)(dmn, )
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COMPLAINT against Aurora Cares, LLC, Elba Nursing and Rehabilitation Center, LLC, filed by Dorothy Smith.(dmn, ) (no pdf, see Doc. #1 )
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DEMAND for Trial by Jury by Dorothy Smith. (dmn, ) (no pdf, see Doc. #1 )
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