Holman v. Knollwood Nursing Home, LLC et al
Plaintiff: Matt Holman
Defendant: Knollwood Healthcare, LLC, Leslie McDuffie, Stacie Mroczko and Knollwood Nursing Home, LLC
Case Number: 1:2021cv00130
Filed: March 22, 2021
Court: US District Court for the Southern District of Alabama
Presiding Judge: Kristi K DuBose
Referring Judge: Bert W Milling
2 Judge: Katherine P Nelson
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2021 Filing 24 RESPONSE to #18 Motion to Remand filed by Knollwood Healthcare, LLC, Knollwood Nursing Home, LLC, Leslie McDuffie, Stacie Mroczko. (Owens, Richard)
May 18, 2021 MOTIONS REFERRED: #21 MOTION for Oral Argument re #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue, #18 Motion to Remand Referred to Judge Katherine P. Nelson. (srd)
May 13, 2021 REFERRAL OF #23 Response in Support of Motion, #22 Reply to Judge Nelson. (srd)
May 12, 2021 Filing 23 RESPONSE in Support re #21 MOTION for Oral Argument re #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue, #18 Motion to Remand filed by Knollwood Healthcare, LLC, Knollwood Nursing Home, LLC, Leslie McDuffie, Stacie Mroczko. (Owens, Richard)
May 12, 2021 Filing 22 REPLY to #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue Defendants' Reply in Further Support of Unopposed Motion to Dismiss or Alternatively Motion to Transfer Venue filed by Knollwood Healthcare, LLC, Knollwood Nursing Home, LLC, Leslie McDuffie, Stacie Mroczko. (Attachments: #1 Exhibit Rachal Preemption Opinion [Ex 1]) (Owens, Richard)
May 12, 2021 Filing 21 MOTION for Oral Argument re #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue, #18 Motion to Remand filed by All Plaintiffs. (Richardson, John)
May 12, 2021 MOTIONS REFERRED: #21 MOTION for Oral Argument re #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue, #18 Motion to Remand Referred to Judge Katherine P. Nelson. (srd)
May 6, 2021 Opinion or Order Filing 20 TEXT-ONLY ORDER on #10 Amended Disclosure Statement filed by Knollwood NH, LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 5/6/2021. (ctn)
May 5, 2021 Opinion or Order Filing 19 TEXT-ONLY ORDER Setting Motion Deadlines re: #18 Motion to Remand filed by Matt Holman. District Judge referred said motion to Magistrate Judge for appropriate action. See S.D. Ala. GenLR 72(b); (5/5/2021 elec. ref). Defendants' brief in response to said motion, if any, must be filed and served no later than Tues. 5/18/2021. Plaintiff's brief in reply to the response, if any, must be filed and served no later than Tues. 5/25/2021. Motion to be taken under submission on Wed. 5/26/2021, at which time no further submissions related to the issues raised may be filed unless the proponent first obtains leave of court for good cause shown, except as otherwise allowed under S.D. Ala. CivLR 7(f)(3). Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, the motion is being submitted without oral argument. Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 5/5/2021. (ctn)
May 5, 2021 MOTIONS REFERRED: #18 Motion to Remand. Referred to Judge Katherine P. Nelson. (srd)
May 4, 2021 Filing 18 Motion to Remand (Attachments: #1 Exhibit) (Massey, R.) Modified on 5/5/2021 (srd).
April 28, 2021 Opinion or Order Filing 17 TEXT-ONLY ORDER granting #16 Consent MOTION for Extension of Time to file reply in support of their Motion to Dismiss or, in the alternative Motion to Transfer Venue. Plaintiff's brief in response to the Defendants' #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue, if any, must now be filed and served no later than Wed. 5/5/2021. Defendants' brief in reply to the response, if any, must now be filed and served no later than Wed. 5/12/2021. Motion to dismiss to be taken under submission on Thurs. 5/13/2021. Signed by Magistrate Judge Katherine P. Nelson on 4/28/2021. (ctn)
April 27, 2021 MOTIONS REFERRED: #16 Consent MOTION for Extension of Time to file reply in support of their Motion to Dismiss or, in the alternative Motion to Transfer Venue Referred to Judge Katherine P. Nelson. (srd)
April 26, 2021 Filing 16 Consent MOTION for Extension of Time to file reply in support of their Motion to Dismiss or, in the alternative Motion to Transfer Venue filed by All Defendants. (Owens, Richard)
April 16, 2021 Opinion or Order Filing 15 ENDORSED ORDER granting #13 Plaintiff's unopposed Motion for Extension of Time. Plaintiff's deadline is extended until May 5, 2021. Signed by Chief Judge Kristi K. DuBose on 4/16/21. (khc)
April 14, 2021 Opinion or Order Filing 14 Order GRANTING #12 Joint MOTION to Stay Discovery filed by Knollwood Nursing Home, LLC, Stacie Mroczko, Knollwood Healthcare, LLC, Leslie McDuffie as set out. Signed by Magistrate Judge Katherine P. Nelson on 04/14/2021. (srd)
April 13, 2021 Filing 13 MOTION to Extend to File Response to Defendants' Removal to the United States District Court for the Southern District of Alabama and Motion to Extend Time for Petition to Remand filed by Matt Holman. (Richardson, John) Modified on 4/13/2021 (srd).
April 13, 2021 MOTIONS REFERRED: #13 MOTION to Extend to File Response to Defendants' Removal to the United States District Court for the Southern District of Alabama and Motion to Extend Time for Petition to Remand filed by Matt Holman to Judge DuBose. (srd)
April 13, 2021 REFERRAL OF #12 Joint MOTION to Stay Discovery to Judge Nelson. (srd)
April 12, 2021 Filing 12 Joint MOTION to Stay Discovery filed by All Defendants. (Attachments: #1 Exhibit) (Owens, Richard)
April 8, 2021 Filing 11 NOTICE of Appearance by John D. Richardson on behalf of Matt Holman (Richardson, John)
March 30, 2021 Filing 10 Corporate Disclosure Statement filed by Defendant Knollwood Nursing Home, LLC. (Owens, Richard)
March 30, 2021 REFERRAL OF #10 Corporate Disclosure Statement to Judge Nelson. (srd)
March 29, 2021 Opinion or Order Filing 9 TEXT-ONLY ORDER Setting Motion Deadlines re: #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue filed by Defendants Knollwood Nursing Home, LLC, Stacie Mroczko, Knollwood Healthcare, LLC, and Leslie McDuffie. District Judge referred said motion to Magistrate Judge for appropriate action. See S.D. Ala. GenLR 72(b); (3/29/2021 elec. ref). Plaintiff's brief in response to said motion, if any, must be filed and served no later than Fri. 4/16/2021. Defendants' brief in reply to the response, if any, must be filed and served no later than Mon. 4/26/2021. Motion to be taken under submission on Tues. 4/27/2021, at which time no further submissions related to the issues raised may be filed unless the proponent first obtains leave of court for good cause shown, except as otherwise allowed under S.D. Ala. CivLR 7(f)(3). Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, the motion is being submitted without oral argument. Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 3/29/2021. (ctn)
March 29, 2021 MOTIONS REFERRED: #8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue Referred to Judge Katherine P. Nelson. (srd)
March 26, 2021 Filing 8 MOTION to Dismiss or, in the Alternative, Motion to Transfer Venue filed by All Defendants. (Tomlinson, Teresa)
March 24, 2021 Opinion or Order Filing 7 ENDORSED ORDER granting #2 MOTION and APPLICATION for Teresa Pike Tomlinson to Appear Pro Hac Vice for All Defendants. Signed by Magistrate Judge Katherine P. Nelson on 3/24/2021. (ctn)
March 23, 2021 Opinion or Order Filing 6 Order re: #3 Corporate Disclosure Statement filed by Knollwood Nursing Home, LLC. Knollwood NH is ORDERED to file NLT 3/30/2021 an amended disclosure statement that discloses all members and entities as set out. Signed by Magistrate Judge Katherine P. Nelson on 03/23/2021. (srd)
March 23, 2021 Filing 5 Document endorsed NOTED by Chief Judge Kristi K. DuBose: Corporate Disclosure Statement #3 filed by Knollwood Nursing Home, LLC. Review of the corporate disclosure statement pursuant to S.D. Ala. Civ. L.R. 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)
March 23, 2021 Filing 4 This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr and is now assigned to the docket of Magistrate Judge Katherine P. Nelson. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-N after the case number on all future pleadings. (clr)
March 23, 2021 MOTIONS REFERRED: #2 MOTION and APPLICATION for Teresa Pike Tomlinson to Appear Pro Hac Vice. Referred to Judge Bert W. Milling, Jr. (srd)
March 23, 2021 MOTIONS REFERRED: #2 MOTION and APPLICATION for Teresa Pike Tomlinson to Appear Pro Hac Vice. Teresa Pike Tomlinson Attorney affirms that a certificate of good standing that complies with
March 22, 2021 Filing 3 Corporate Disclosure Statement filed by Defendant Knollwood Nursing Home, LLC. (Owens, Richard)
March 22, 2021 Filing 2 MOTION and APPLICATION for Teresa Pike Tomlinson to Appear Pro Hac Vice. Teresa Pike Tomlinson 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-2779966, Online Credit Card Payment) filed by All Defendants. (Attachments: #1 Exhibit Certificate of Good Standing) (Tomlinson, Teresa)
March 22, 2021 Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402, Receipt number AALSDC-2779270, Online Credit Card Payment), filed by All Defendants. (Attachments: #1 Exhibit Exhibit A - State Court Filings, #2 Exhibit Exhibit B - HHS Response Letter, #3 Exhibit Exhibit C - Garcia Order) (Owens, Richard) (Additional attachment(s) added on 3/23/2021: #4 Civil Cover Sheet) (srd).

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Plaintiff: Matt Holman
Represented By: Edward Massey
Represented By: R. Edward Massey, Jr.
Represented By: John D. Richardson
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Defendant: Knollwood Healthcare, LLC
Represented By: Teresa Tomlinson
Represented By: Richard Rhett Owens
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Defendant: Leslie McDuffie
Represented By: Teresa Tomlinson
Represented By: Richard Rhett Owens
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Defendant: Stacie Mroczko
Represented By: Teresa Tomlinson
Represented By: Richard Rhett Owens
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Defendant: Knollwood Nursing Home, LLC
Represented By: Teresa Tomlinson
Represented By: Richard Rhett Owens
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