BOKF, N.A. v. Gordon Jensen Health Care Association, Inc. et al
| BOKF, N.A. |
| Medical Clinic Board of the City of Mobile (second), Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Conquest Health Systems, LLC and Marsh Pointe Management, LLC |
| Derek Pierce |
| 1:2021cv00031 |
| January 15, 2021 |
| US District Court for the Southern District of Alabama |
| Sonja F Bivins |
| Kristi K DuBose |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 43
Order GRANTING #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing and #23 Joint Motion to Determine Subject Matter Jurisdiction filed by BOKF, N.A. The Request to Appoint an Examiner is DENIED. Defendant Marsh Pointe Managment LLC was dismissed and Derek Pierce of Healthcare Management Partners, LLC is appointed as Receiver over the Receivership Estate as set out. Thirty days after entry of this Order and within twenty days after the end of each calendar month thereafter, Receiver shall file monthly reports concerning financial results of the operation of the Receivership Estate as set out. Signed by Chief Judge Kristi K. DuBose on 03/15/2021. (srd)
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| Filing 42 NOTICE of Filing Defendant Exhibit List and Exhibits admitted at Motion Hearing held February 10-12, 2021 (nah) |
| Filing 41 NOTICE of Filing Plaintiff Exhibit List and Exhibits admitted at Motion Hearing held February 10 - 12, 2021. (nah) |
| REFERRAL OF #40 Response to Judge DuBose. (srd) |
| Filing 40 RESPONSE to #36 Brief, filed by BOKF, N.A.. (Attachments: #1 Text of Proposed Order Order Appointing Receiver) (McCorkle, W.) |
| Filing 39 REPLY to #37 Brief, filed by Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC. (Boller, Thomas) |
| REFERRAL OF #39 Reply to Judge DuBose. (srd) |
| Filing 38 ANSWER to #1 Complaint,, by Medical Clinic Board of the City of Mobile (Second). (Linder, Michael) |
| Filing 37 Brief filed by BOKF, N.A. Post-Hearing Brief in Support of Indenture Trustee's Emergency Motion for Entry of an Order: (I) Appointing a Receiver, (II) Granting Certain Injunctive Relief, and (III) Approving Receiver Financing filed by BOKF, N.A.. (McCorkle, W.) |
| Filing 36 Brief filed by Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC filed by Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC. (Attachments: #1 Exhibit Exhibit "A") (Boller, Thomas) |
| REFERRAL OF #36 Brief, #37 Brief, to Judge DuBose. (srd) |
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Filing 35
ENDORSED ORDER granting #34 Joint Motion to Enlarge time to File Briefs. Post-hearing briefs are due Monday, February 22, 2021 and responsive briefs are due Monday, March 1, 2021. Signed by Chief Judge Kristi K. DuBose on 2/19/2021. (khc)
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| Filing 34 Joint MOTION for Extension of Time to File Briefs filed by BOKF, N.A.. (McCorkle, W.) |
| MOTIONS REFERRED: #34 Joint MOTION for Extension of Time to File Briefs to Judge DuBose. (srd) |
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Filing 33
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 4/2/2021. Signed by Magistrate Judge Sonja F. Bivins on 02/17/2021. (Attachments: #1 Consent Form) (srd)
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| Filing 32 ANSWER to #1 Complaint,, by Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Marsh Pointe Management, LLC. (Boller, Thomas) |
| Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Motion Hearing held on 2/12/2021 re #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing filed by BOKF, N.A. Evidence entered and witnesses sworn. Court Reporter Melanie Wilkins. (nah) |
| Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Motion Hearing held on 2/11/2021 re #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing filed by BOKF, N.A. Evidence entered and witnesses sworn. Hearing to reconvene on 02/12/2021 at 8:00 a.m. Court Reporter Melanie Wilkins. (nah) |
| Minute Entry for proceedings held before Chief Judge Kristi K. DuBose: Motion Hearing held on 2/10/2021 re #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing filed by BOKF, N.A. Evidence entered and witnesses sworn. Hearing to reconvene on 02/11/2021 at 1:30 p.m. Court Reporter Melanie Wilkins. (nah) |
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Filing 31
ENDORSED ORDER granting Doc. #19 Motion to Appear Pro Hac Vice filed by Frederic Dorwart. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2021. (ktw)
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Filing 30
ENDORSED ORDER granting Doc. #18 Motion to Appear Pro Hac Vice filed by Nora R. O'Neill. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2021. (ktw)
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Filing 29
ENDORSED ORDER granting Doc. #17 Motion to Appear Pro Hac Vice filed by James A. Higgins. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2021. (ktw)
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Filing 28
ENDORSED ORDER granting Doc. #13 Motion to Appear Pro Hac Vice filed by Walter E. Jones. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2021. (ktw)
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Filing 27
ENDORSED ORDER granting Doc. #9 Motion to Appear Pro Hac Vice filed by Patrick Silloway. Signed by Magistrate Judge Sonja F. Bivins on 2/09/2021. (ktw)
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| Filing 26 NOTICE of Appearance by Michael Mark Linder, Jr on behalf of Medical Clinic Board of the City of Mobile (Second) (Linder, Michael) |
| REFERRAL OF #17 MOTION and APPLICATION for James A. Higgins to Appear Pro Hac Vice, #18 MOTION and APPLICATION for Nora R. O'Neill to Appear Pro Hac Vice, and #19 MOTION and APPLICATION for Frederic Dorwart to Appear Pro Hac Vice to Judge Bivins. (srd) |
| Filing 25 NOTICE by Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Marsh Pointe Management, LLC Notice of Witness Appearing Via Videoconference (Boller, Thomas) |
| Filing 24 RESPONSE to Motion re: #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing filed by Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Marsh Pointe Management, LLC. (Attachments: #1 Affidavit Declaration of Christopher Brogdon, #2 Affidavit Declaration of Scott Hardin) (Boller, Thomas) |
| Filing 23 Brief filed by BOKF, N.A. Joint Motion to Determine Subject Matter Jurisdiction. (McCorkle, W.) Modified on 2/12/2021 (nah). |
| REFERRAL OF #23 Brief, #24 Response to Motion, and #25 Notice (Other) to Judge DuBose. (srd) |
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Filing 22
Order re: #21 Joint Notice of Estimated Time filed by BOKF, N.A. The time for the hearing is changed to 2:00 p.m. as set out. Signed by Chief Judge Kristi K. DuBose on 02/05/2021. (srd) Copy to Defendant via overnight service. (Additional attachment(s) added on 2/5/2021: #1 UPS Labels) (srd).
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| Filing 21 NOTICE by BOKF, N.A. (Joint Notice of Estimated Time) (Jones, Walter) |
| REFERRAL OF #20 Notice (Other), and #21 Notice (Other) to Judge DuBose. (srd) |
| Filing 20 NOTICE by BOKF, N.A. (Indenture Trustee's Notice of Witness Alan Plush Appearing via Videoconference) (Jones, Walter) |
| Filing 19 MOTION and APPLICATION for Frederic Dorwart to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2751700, Online Credit Card Payment) filed by BOKF, N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Dorwart, Frederic) |
| Filing 18 MOTION and APPLICATION for Nora R. O'Neill to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number BALSDC-2751475, Online Credit Card Payment) filed by BOKF, N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (O'Neill, Nora) |
| Filing 17 MOTION and APPLICATION for James A. Higgins to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2751457, Online Credit Card Payment) filed by BOKF, N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Higgins, James) |
| Filing 16 RETURN OF SERVICE of Order Doc #8 served 01/26/2021 as to Scott Hardin, Registered Agent. (srd) |
| REFERRAL OF #15 Status Report to Judge DuBose. (srd) |
| Filing 15 STATUS REPORT by BOKF, N.A.. (Silloway, Patrick) |
| Filing 14 SUMMONS Returned Executed by BOKF, N.A.. Medical Clinic Board of the City of Mobile (Second) served on 1/26/2021, answer due 2/16/2021 (Jones, Walter) |
| MOTIONS REFERRED: #13 MOTION and APPLICATION for Walter E. Jones to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. Referred to Judge Sonja F. Bivins. (srd) |
| Filing 13 MOTION and APPLICATION for Walter E. Jones to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number BALSDC-2746249, Online Credit Card Payment) filed by BOKF, N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Jones, Walter) |
| Filing 12 NOTICE of Appearance by Mary Allie Elizabeth Boller on behalf of Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Marsh Pointe Management, LLC (Boller, Mary Allie) |
| Filing 11 NOTICE of Appearance by Thomas R. Boller on behalf of Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Marsh Pointe Management, LLC (Boller, Thomas) |
| MOTIONS REFERRED: #9 MOTION and APPLICATION for Patrick Silloway to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. Referred to Judge Sonja F. Bivins. (srd) |
| Filing 10 Document endorsed NOTED by Chief Judge Kristi K. DuBose: Corporate Disclosure Statement #2 filed by BOKF, N.A. Review of the corporate disclosure statement pursuant to S.D. Ala. Civ. L.R. 7.1 and Fed. R. Civ. P. 7.1 has been completed. The review did not reveal any reason to believe that there are potential conflicts of interest, which would require disqualification or recusal in this action.(khc) |
| Filing 9 MOTION and APPLICATION for Patrick Silloway to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2744691, Online Credit Card Payment) filed by BOKF, N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Silloway, Patrick) |
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Filing 8
Order GRANTING #7 MOTION for Hearing re #3 MOTION to Appoint Receiver, Granting Certain Injunctive Relief and Approving Receiver Financing filed by BOKF, N.A. Emergency Motion Hearing set for 2/10/2021 at 3:00 PM in US Courthouse, Courtroom 4B, 155 St. Joseph Street, Mobile, AL 36602 before Chief Judge Kristi K. DuBose Plaintiff must serve all Defendants with this Order, the Complaint, and the Emergency Motion and Memorandum in Support on or before 1/27/2021 as set out. Defendants should respond to the Emergency Motion by 2/8/2021. Clerk is DIRECTED to mail a copy of this Order to the Defendants by certified mail. Signed by Chief Judge Kristi K. DuBose on 01/21/2021. (srd) Copies to parties. (Additional attachment(s) added on 1/21/2021: #1 Cert Mail Receipts) (srd).
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| Filing 7 MOTION for Hearing re #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing filed by BOKF, N.A.. (McCorkle, W.) |
| MOTIONS REFERRED: #7 MOTION for Hearing re #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing to Judge DuBose. (srd) |
| Filing 6 Summons Issued as to Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Marsh Pointe Management, LLC, and Medical Clinic Board of the City of Mobile (Second). Note to Counsel: The Summons have been issued. Please print copies necessary for service. (srd) |
| Filing 5 NOTICE of Filing Proposed Summons by BOKF, N.A. (McCorkle, W.) |
| REFERRAL OF #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing, #4 Memorandum in Support to Judge DuBose. (srd) |
| Filing 4 Memorandum in Support re #3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing filed by BOKF, N.A.. (McCorkle, W.) |
| Filing 3 MOTION to Appoint Receiver , Granting Certain Injunctive Relief and Approving Receiver Financing filed by BOKF, N.A.. (McCorkle, W.) Exhibit A Curriculum Vitae of Derek Pierce; Exhibit B Affidavit of Derek Pierce. Modified on 2/11/2021 (khc). |
| Filing 2 Corporate Disclosure Statement filed by Plaintiffs BOKF, N.A., BOK Financial Corporation identifying Corporate Parent BOK Financial Corporation for BOKF, N.A... (McCorkle, W.) |
| Filing 1 COMPLAINT for Damages, Appointment of Receiver, Injunctive Relief and an Accounting against Conquest Health Systems, LLC, Gordon Jensen Health Care Association, Inc., Knollwood NH, LLC, Marsh Pointe Management, LLC, Medical Clinic Board of the City of Mobile (second) ( Filing fee $402 receipt number AALSDC-2740751, Online Credit Card Payment), filed by BOKF, N.A.. 90 day Rule 4m deadline set for 4/15/2021. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (McCorkle, W.)Exhibits A-F. Modified on 2/11/2021 (khc). |
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