Dunn et al v. Baptist Health Centers LLC et al
| Mark Dunn, Christopher Yates, Micah Jones, Melvin Elliott, Susan Carew, Jimmy Tolleson and Samuel Lee |
| Baptist Health Centers LLC, B W Cardiology LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC doing business as Cardiovascular Associates and Tenet Healthcare Corporation |
| 2:2023cv01417 |
| October 19, 2023 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 19 CLERK'S COURT MINUTE ENTRY DISMISSAL PURSUANT TO STIPULATION OF PARTIES-Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff has voluntarily dismissed this action. Therefore, at the direction of the Honorable Staci G. Cornelius, this case is closed. (AKD) |
| Filing 18 NOTICE of Voluntary Dismissal by Susan Carew, Mark Dunn, Melvin Elliott, Micah Jones, Samuel Lee, Jimmy Tolleson, Christopher Yates (Mann, Jonathan) |
| Filing 17 NOTICE by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC, Tenet Healthcare Corporation Defendants' Supplemental Submission of the State Court Record (Attachments: #1 Supplement Documents 1-60, #2 Supplement Documents 61-94, #3 Supplement Documents 95-104, #4 Supplement Documents 105-134)(Wood, F) |
Filing 16
ORDER-While this action was pending in state court, the plaintiffs moved to compel discovery responses from the defendants, and the LLC defendants moved to dismiss the First Amended Consolidated Class Action Complaint. (Docs. 4, 15). Because the plaintiffs' motion to compel was filed under state procedural law, it is DENIED WITHOUT PREJUDICE. (Doc. 15). The LLC defendants' motion for a briefing schedule on the motion to compel is therefore DENIED AS MOOT. During the telephone conference, the parties agreed that the LLC defendants'pending motion to dismiss was filed based on state law and is mooted by the removal of this action. (Doc. 4). Therefore, their motion to dismiss is DENIED AS MOOT. The defendants' deadline to file a responsive pleading to the First Amended Consolidated Class Action Complaint is November 20, 2023. Accordingly, the parties' request that the court approve their stipulation to stay the current pending deadlines is DENIED AS MOOT. #9 . Should the plaintiffs file a motion to remand, the defendants may respond within 21 days thereafter, and the plaintiffs may file any reply within 14 days thereafter. Signed by Magistrate Judge Staci G Cornelius on 11/07/2023. (AKD)
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| Filing 15 Plaintiff's First MOTION to Compel Discovery Responses from Baptist Health Centers LLC by Susan Carew, Mark Dunn, Melvin Elliott, Micah Jones, Samuel Lee, Jimmy Tolleson, Christopher Yates deemed filed in Circuit Court of Jefferson County, AL on 9/22/2023. (AKD) |
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Filing 14
TEXT ORDER : The clerk is DIRECTED to docket the plaintiffs' motion to compel (see Doc. 1-3 at 54) as a pending motion. Signed by Magistrate Judge Staci G Cornelius on 11/07/2023. (AKD)
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| Set/Reset Deadlines: Amended Pleadings due by 11/20/2023. (AKD) |
| Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 11/2/2023; written order to be entered. (BST, ) |
| Filing 13 NOTICE of Appearance by Hunter Phares on behalf of All Plaintiffs (Phares, Hunter) |
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Filing 12
TEXT ORDER: Scott Elder and Sarah O'Donohue have moved to appear pro hac vice on behalf of the defendants. (Docs. #10 , #11 ). Their motions, which are accompanied by the required fees, are GRANTED. . Signed by Magistrate Judge Staci G Cornelius on 11/01/2023. (AKD) Modified on 11/1/2023 (AKD).
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice For Sarah O'Donohue Motion is RIPE 10/30/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC, Tenet Healthcare Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Wood, F) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for Scott Elder Motion is RIPE 10/30/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC, Tenet Healthcare Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Wood, F) |
| PHV Fee paid: $ 75, receipt number AALNDC-4458762 (ALND receipt# B-8246). (Wood, F) Modified on 10/31/2023 (AKD). |
| PHV Fee paid: $ 75, receipt number AALNDC-4458750 (ALND receipt# B-8245). (Wood, F) Modified on 10/31/2023 (AKD). |
| Filing 9 STIPULATION and Proposed Order Staying All Deadlines Pending Resolution of Plaintiff's Motion to Remand by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC, Tenet Healthcare Corporation. filed by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC, Tenet Healthcare Corporation (Wood, F) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4455026 (ALND receipt# B-8134). related document #1 NOTICE OF REMOVAL by Tenet Healthcare Corporation from Circuit Court of Jefferson County, AL, case number 01-CV-2023-900732., filed by Tenet Healthcare Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(AKD). (Wood, F) Modified on 10/25/2023 (AKD). |
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Filing 8
TEXT ORDER: The plaintiffs SHALL file any response to the pending motion to dismiss (Doc. 1-3 at 196) within twenty-one (21) calendar days of the date of this order. The defendants SHALL file any reply within fourteen (14) calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 10/23/23. (AKD)
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Filing 7
TEXT ORDER:Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than December 3, 2023. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after December 3, 2023. A telephone status conference is hereby SET for November 2, 2023, at 10:30 a.m. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178.. Signed by Magistrate Judge Staci G Cornelius on 10/23/2023. (AKD, )
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| Filing 6 Corporate Disclosure Statement by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC. filed by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC (Wood, F) |
| Filing 5 Corporate Disclosure Statement by Tenet Healthcare Corporation. filed by Tenet Healthcare Corporation (Wood, F) |
| Filing 4 MOTION to Dismiss Plaintiff's First Amended Consolidated Class Action Complaint by B W Cardiology LLC, Baptist Health Centers LLC, Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC, Brookwood Baptist Health 3 LLC. deemed filed in Circuit Court of Jefferson County, AL on 9/25/2023. (Exhibit C page 196) (AKD) |
| Filing 3 MOTION for Briefing Schedule on Plaintiff's First Motion to Compel Discovery Responses from Baptist Health Centers LLC by Baptist Health Centers LLC deemed filed in Circuit Court of Jefferson County, AL on 9/25/2023. (Exhibit C page 183) (AKD) |
| Filing 2 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) |
| FIRST AMENDED COMPLAINT deemed filed in Circuit Court of Jefferson County, AL on 9/15/2023. (AKD) |
| Filing 1 NOTICE OF REMOVAL by Tenet Healthcare Corporation from Circuit Court of Jefferson County, AL, case number 01-CV-2023-900732., filed by Tenet Healthcare Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(AKD) |
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