Johnson v. Birmingham Nursing and Rehabilitation Center East LLC et al
| Dave Johnson |
| Tallassee Health and Rehabilitation LLC and Birmingham Nursing and Rehabilitation Center East LLC |
| 2:2020cv01761 |
| November 6, 2020 |
| US District Court for the Northern District of Alabama |
| R David Proctor |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.
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Filing 10
ORDER - The Motion (Doc. #8 ) is GRANTED IN PART, DENIED IN PART. Plaintiff SHALL pursue his claims through arbitration. However, because the parties agree that the arbitration agreement is valid and enforceable, there is no action for this court to adjudicate. Therefore, this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 12/22/2020. (KEK)
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Filing 9
ORDER - Before the court is Plaintiff's Motion for Voluntary Pro Tanto Dismissal of Defendant Tallassee Health and Rehabilitation, LLC. (Doc. #7 ). Plaintiff's Motion arises under Federal Rule of Civil Procedure 41(a)(2). (Doc. #7 ). Plaintiff's Motion is GRANTED. The court hereby ORDERS that Plaintiff's claims against Defendant Tallassee Health and Rehabilitation, LLC shall be, and are, DISMISSED WITHOUT PREJUDICE. This dismissal shall not affect any other right, claim or cause of action which Plaintiff has, or may have, against the remaining Defendant. Signed by Judge R David Proctor on 12/22/2020. (KEK)
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| Filing 8 Consent MOTION to Compel Arbitration by Birmingham Nursing and Rehabilitation Center East LLC. (Sproule, R) |
| Filing 7 MOTION to Dismiss Defendant Tallassee Health and Rehabilitation, LLC by Dave Johnson. (Grissom, Seth) |
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Filing 6
TEXT ORDER - This matter is before the court on the Motion to Compel Arbitration and, in the Alternative, Motion to Dismiss #4 filed by Defendant Birmingham Nursing and Rehabilitation Center East, LLC. The parties are REMINDED to brief the Motion #4 in accordance with the timelines set forth in Exhibit B to the courts Initial Order. Signed by Judge R David Proctor on 12/10/2020. (KAM)
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| Filing 5 Brief re #4 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss filed by Birmingham Nursing and Rehabilitation Center East LLC. (Attachments: #1 Exhibit A - Admission Agreement, #2 Exhibit B - Affidavit of Kelvin Robertson, #3 Exhibit C - Affidavit of Norbert A. Bennett, #4 Exhibit D - Affidavit of Donald T. Denz)(Sproule, R) |
| Filing 4 MOTION to Compel Arbitration and, in the alternative, Motion to Dismiss by Birmingham Nursing and Rehabilitation Center East LLC. (Sproule, R) |
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Filing 3
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 11/9/2020. (KAM)
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| Filing Fee: Filing fee $ 400, receipt_number 1126-3711699. related document #1 NOTICE OF REMOVAL by Birmingham Nursing and Rehabilitation Center East LLC from Jefferson County Circuit Court, case number 2020-903425., filed by Birmingham Nursing and Rehabilitation Center East LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(KAM). (Thompson, William) |
| Filing 2 ANSWER to Complaint with Jury Demand by Birmingham Nursing and Rehabilitation Center East LLC.(Thompson, William) |
| Filing 1 NOTICE OF REMOVAL by Birmingham Nursing and Rehabilitation Center East LLC from Jefferson County Circuit Court, case number 2020-903425., filed by Birmingham Nursing and Rehabilitation Center East LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(KAM) |
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