Hudgins v. 2215 Northport Opco LLC
| Marcellus M Hudgins |
| 2215 Northport Opco LLC doing business as Forest Manor Health and Rehab |
| 7:2024cv00559 |
| May 3, 2024 |
| US District Court for the Northern District of Alabama |
| L Scott Coogler |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1441 Petition for Removal- Wrongful Death |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 NOTICE of Appearance by Richard J Riley on behalf of Marcellus M Hudgins (Riley, Richard) |
Filing 8
ORDER - On May 21, 2024, the Court granted the parties' unopposed Motion to Compel Arbitration and Stay Proceedings (Doc. #4 ) to the extent that the parties were ordered to submit to arbitration (Doc. #7 ). Rather than staying the proceedings, the Court dismissed the action without prejudice with leave for either party to reopen the action in order to enforce any award resulting from the arbitral proceedings. (Id.) However, in light of the Supreme Courts recent holding in Smith v. Spizzirri, the Court has reconsidered its dismissal. See Smith v. Spizzirri, ---S. Ct.---, No. 22-1218, 2024 WL 2193872, at *4 (May 16, 2024). Accordingly, the Court sets aside its previous Order dismissing this action without prejudice (Doc. #7 ). The Court now compels arbitration and stays further proceedings pending arbitration. Signed by Judge L Scott Coogler on 5/24/2024. (MEB2)
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Filing 7
**SET ASIDE PURSUANT TO #8 ORDER** ORDER - Before the Court is Defendant's Motion to Compel Arbitration and Stay Proceedings (Doc. #4 ). This Motion is unopposed by the Plaintiff (Doc. #6 ). Accordingly, this Motion is GRANTED to the extent that the parties are ordered to submit to arbitration. The action otherwise is DISMISSED WITHOUT PREJUDICE. However, either party may move this Court to reopen this case in order to enforce any award resulting from the arbitral proceedings. Costs are taxed as paid. Signed by Judge L Scott Coogler on 5/21/2024. (MEB2) Modified on 5/24/2024 (MEB2).
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| Filing 6 RESPONSE to Motion re #4 MOTION to Compel Arbitration and Stay Further Proceedings filed by Marcellus M Hudgins. (Riley, Richard) |
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Filing 5
ORDER - Before the Court is Defendant 2215 Northport Opco, LLC's Motion to Compel Arbitration and Stay Further Proceedings (Doc. #4 ). Plaintiff has fourteen (14) days from the date of this Order to respond to the Motion. Defendant will thereafter have eleven (11) days to file a reply. Signed by Judge L Scott Coogler on 5/6/2024. (MEB2)
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| Filing 4 MOTION to Compel Arbitration and Stay Further Proceedings by 2215 Northport Opco LLC. (Attachments: #1 Exhibit A)(Solis, Jorge) |
| Filing 3 Corporate Disclosure Statement by 2215 Northport Opco LLC. filed by 2215 Northport Opco LLC (Solis, Jorge) |
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Filing 2
UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge L Scott Coogler on 5/3/2024. (MEB2)
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| Filing 1 NOTICE OF REMOVAL by 2215 Northport Opco LLC from Circuit Court of Tuscaloosa County, Alabama, case number 63-cv-2024-900288, filed by 2215 Northport Opco LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (MEB2) |
| Filing Fee: Filing fee $ 405, receipt_number AALNDC-4584939 (B11364). related document #1 NOTICE OF REMOVAL by 2215 Northport Opco LLC from Circuit Court of Tuscaloosa County, Alabama, case number 63-cv-2024-900288, filed by 2215 Northport Opco LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (MEB2). (Solis, Jorge) Modified on 5/6/2024 (MEB2). |
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| Plaintiff: Marcellus M Hudgins | |
| Represented By: | Derrick A Mills |
| Represented By: | Richard J Riley |
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| Defendant: 2215 Northport Opco LLC doing business as Forest Manor Health and Rehab | |
| Represented By: | Alan D Mathis |
| Represented By: | Jorge Arturo Solis |
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