Digitalway Services, LLC v. Blue Ridge Healthcare et al
Digitalway Services, LLC |
Blue Ridge Healthcare doing business as Blue Ridge Healthcare Birmingham LLC nka 1028 Bessemer LLC, Blue Ridge Healthcare doing business as Blue Ridge Healthcare Montgomery LLC nka 4490 Virginia Loop LLC, Blue Ridge Healthcare doing business as Blue Ridge Healthcare Montrose Bay LLC nka 22670 Main St. LLC, Blue Ridge Healthcare doing business as Blue Ridge Healthcare Selma LLC nka 11 Bell LLC, Blue Ridge Healthcare doing business as Blue Ridge Healthcare Willow Trace LLC nka 1406 East LLC and Blue Ridge Healthcare doing business as Blue Ridge Healthcare Windwood LLC nka 3312 Woodley, LLC |
1:2023cv00177 |
May 18, 2023 |
US District Court for the Southern District of Alabama |
Mobile Office |
Terry F Moorer |
Katherine P Nelson |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 49 ORDER GRANTING #44 Motion to Appear Pro Hac Vice. Signed by District Judge Terry F. Moorer on 7/10/2023. (fz) |
Filing 48 TEXT-ONLY ORDER: Plaintiff's Consolidated Response to Order is NOTED, and the Motion to Extend Time to File Response to Defendants' Renewed Motion to Dismiss for Failure to State a Claim is GRANTED. (See Doc. #46 ) The deadline for Plaintiff to file it's response to the motion to dismiss (Doc. #39 ) is EXTENDED to July 17, 2023. Additionally, the deadline for Defendants to file their reply is EXTENDED to July 24, 2023. Signed by District Judge Terry F. Moorer on 7/7/2023. (mab) |
Filing 47 NOTICE of Filing Exhibits by Digitalway Services, LLC re: #44 MOTION and APPLICATION for James N. Floyd to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. G (Floyd, James) |
REFERRAL OF #47 Notice of Filing Certificate of Good Standing from NDTX to Judge Moorer. (tot) |
Filing 46 #45 Consolidated Response to #46 Order and MOTION to Extend Time to File Response to Defendants' #39 Renewed Motion to Dismiss for Failure to State a Claim and Supporting Brief, filed by Digitalway Services, LLC. (Floyd, James) Modified on 7/6/2023 (tot). |
Filing 45 Consolidate Response to #46 Order and MOTION to Extend Time to File Response to Defendants' #39 Renewed Motion to Dismiss for Failure to State a Claim and Supporting Brief, filed by Digitalway Services, LLC. (Floyd, James) Modified on 7/6/2023 (mab). |
Filing 44 MOTION and APPLICATION for James N. Floyd 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-3229674, Online Credit Card Payment) filed by Digitalway Services, LLC. (Attachments: #1 Certificate of Good Standing) (Floyd, James) |
Filing 43 Case Reassigned to District Judge Terry F. Moorer. 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 TFM-N after the case number on all future pleadings. (tgw) |
REFERRAL OF: Consolidate Response to Order and #46 MOTION to Extend Time to File Response to Defendants' #39 Renewed Motion to Dismiss for Failure to State a Claim and Supporting Brief to Judge Terry F. Moorer. (mab) |
MOTIONS REFERRED: #44 MOTION and APPLICATION for James N. Floyd to Appear Pro Hac Vice; Referred to Judge Terry F. Moorer. (Note: need certificate of good standing from federal court.) (mab) |
MOTIONS REFERRED: #13 Motion to Dismiss for Failure to State a Claim & MOTION to Dismiss for Lack of Jurisdiction; and #39 MOTION to Dismiss for Failure to State a Claim and Supporting Brief, Referred to Judge Terry F. Moorer. (mab) |
Filing 42 Order directing James N. Floyd to either apply for admission to practice before this Court or file a motion to appear Pro Hac Vice by 7/6/2023. Signed by Magistrate Judge Katherine P. Nelson on 6/22/2023. (Copy mailed to Mr. Floyd) (tgw) |
Filing 41 TEXT ONLY Order Setting Briefing Deadlines re: #39 Motion to Dismiss filed by Defendants Blue Ridge Healthcare et al. Plaintiff's brief in response to said motion, if any, must be filed and served no later than 7/6/2023. Defendants' brief in reply to the response, if any, must be filed and served no later than 7/13/2023. Motion to be taken under submission 7/14/2023. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of Court for good cause shown. Should the Court determine oral argument would be beneficial, a hearing will be set by separate order. Otherwise, the motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); See S.D. Ala. CivLR 7(h) ("Oral argument requests must contain specific reasons why oral argument would be helpful."). Signed by Magistrate Judge Katherine P. Nelson on 6/22/2023. (pdo) |
Filing 40 Notice of Assignment to Magistrate Judge for trial. Consent Form due by 6/29/2023. (Attachments: #1 Request for Reassignment Form, #2 Consent Form) (tgw) |
Filing 39 MOTION to Dismiss for Failure to State a Claim and Supporting Brief filed by Blue Ridge Healthcare. (Attachments: #1 Exhibit A - TV Agreements, #2 Exhibit B - Certificates of Formation, #3 Exhibit C - Purchase and Sale Agreement - 5 properties (redacted), #4 Exhibit D - Purchase and Sale Agreement - Woodley (redacted), #5 Exhibit E - Assignment (redacted), #6 Exhibit F - Alabama Corporate Records - Blue Ridge Entities) (Bitzer, Windy) |
Filing 38 Order directing Defendants to either re-file their motion to dismiss or any other responsive pleading by 6/21/2023. The Court's prior directive (Doc. 33) for Defendants to file an answer pursuant to Fed. R. Civ. P.12(a) is RESCINDED. Signed by Magistrate Judge Katherine P. Nelson on 6/14/2023. (tgw) |
Filing 37 ENDORSED ORDER granting #36 Motion for Daniel D. McGuire to Appear Pro Hac Vice on behalf of Defendant Blue Ridge Healthcare. Signed by Magistrate Judge Katherine P. Nelson on 6/13/2023. (pdo) |
Filing 36 MOTION and APPLICATION for Daniel D. McGuire 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-3216270, Online Credit Card Payment) filed by Blue Ridge Healthcare. (Attachments: #1 Certificate of Good Standing) (McGuire, Daniel) |
Filing 35 NOTICE of Appearance by Emily Van Haneghan on behalf of Blue Ridge Healthcare (Van Haneghan, Emily) |
Filing 34 NOTICE of Appearance by Windy Cockrell Bitzer on behalf of Blue Ridge Healthcare (Bitzer, Windy) |
Filing 33 Rescinded per the #38 OrderAnswer due from Blue Ridge Healthcare pursuant to FRCP 12(a). Signed by Magistrate Judge Katherine P. Nelson on 5/24/2023. (tgw) |
Filing 32 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment Form) Copies mailed to attorneys James Floyd & Daniel McGuire. (tgw) |
Filing 31 Case transferred in from District of Texas Northern; Case Number 4:22-cv-00602. Original file certified copy of transfer order and docket sheet received. |
Filing 30 OPINION & ORDER: The Court TRANSFERS this case to theSouthern District of Alabama. (Ordered by Judge Mark Pittman on 5/16/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 29 ORDER ON SECOND AGREED #28 MOTION TO CONTINUE HEARING ON MOTION TO DISMISS: It is hereby ORDERED that the Motion is GRANTED; it is further ORDERED that the current hearing Defendants' Motion to Dismiss scheduled for May 12, 2023 is CANCELED. (Ordered by Judge Mark Pittman on 5/8/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 28 Agreed MOTION to Continue Hearing on Defendants' Motion to Dismiss filed by Blue Ridge Healthcare (Attachments: #1 Proposed Order) (McGuire, Daniel) [Transferred from Texas Northern on 5/18/2023.] |
Filing 27 ORDER: Before the Court is Defendants' #13 Motion to Dismiss (Motion). The Court hereby sets the Motion for a hearing at 10:00 a.m. on Friday, May 12, 2023. (Ordered by Judge Mark Pittman on 5/3/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 26 ORDER: Before the Court is the Parties Third Agreed #25 Motion for Continuance. Having reviewed the Motion and related docket entries, the Court GRANTS the Motion and will reset the hearing at a later date. (Ordered by Judge Mark Pittman on 2/23/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 25 Third MOTION to Continue hearing on Motion to Dismiss filed by Digitalway Services, LLC (Attachments: #1 Proposed Order) (Floyd, James) [Transferred from Texas Northern on 5/18/2023.] |
Filing 24 ORDER: Before the Court is the Parties Second Agreed #23 Motion for Continuance. The Court GRANTS the Motion and RESETS the hearing to 11:00 a.m. on Friday, February 24, 2023. (Ordered by Judge Mark Pittman on 2/22/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 23 Agreed MOTION to Continue Hearing on Motion to Dismiss filed by Blue Ridge Healthcare (Attachments: #1 Proposed Order) (McGuire, Daniel) [Transferred from Texas Northern on 5/18/2023.] |
Filing 22 ORDER: Before the Court is the Parties Agreed #21 Motion for Continuance. The Court GRANTS the Motion. The Court RESETS the hearing regarding the Motion to 2:00 p.m. on Wednesday, February 22, 2023. (Ordered by Judge Mark Pittman on 1/23/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 21 First MOTION to Continue hearing on Defendants' Motion to Dismiss filed by Digitalway Services, LLC (Attachments: #1 Proposed Order) (Floyd, James) [Transferred from Texas Northern on 5/18/2023.] |
Filing 20 ORDER: Before the Court is Defendants' #13 Motion to Dismiss. The Court hereby sets the Motion for a hearing at 2:00 p.m. on Wednesday, January 25, 2023, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Mark Pittman on 1/17/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 19 REPLY filed by Digitalway Services, LLC re: #16 Order Setting Deadline/Hearing,, (Attachments: #1 Affidavit(s)) (Floyd, James) [Transferred from Texas Northern on 5/18/2023.] |
Filing 18 ORDER: Before the Court is Plaintiff's #17 Motion for Extension of Time to File Plaintiff's Brief. The Court GRANTS the Motion. Plaintiff's deadline to file a brief explaining whether the Court has personal jurisdiction over Defendants is extended to January 11, 2023. (Ordered by Judge Mark Pittman on 1/6/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 17 MOTION for Extension of Time to File Response/Reply to #16 Order Setting Deadline/Hearing,,, First MOTION to Extend Time Plaintiff's Brief() filed by Digitalway Services, LLC (Attachments: #1 Proposed Order) (Floyd, James) [Transferred from Texas Northern on 5/18/2023.] |
Filing 16 ORDER: Before the Court is Defendants' #13 Motion to Dismiss. Having reviewed the Motion and Plaintiff's Complaint, the Court concludes that it would benefit from an expedited response from Plaintiff as to whether the Court has personal jurisdiction over Defendants. The Court thus ORDERS Plaintiff to file a brief of no more than ten pages by January 6, 2023, explaining whether the Court has personal jurisdiction over Defendants. (Ordered by Judge Mark Pittman on 1/3/2023) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 15 Appendix in Support filed by Blue Ridge Healthcare re #13 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #14 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) A-G) (McGuire, Daniel) [Transferred from Texas Northern on 5/18/2023.] |
Filing 14 Brief/Memorandum in Support filed by Blue Ridge Healthcare re #13 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (McGuire, Daniel) [Transferred from Texas Northern on 5/18/2023.] |
Filing 13 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Blue Ridge Healthcare with Brief/Memorandum in Support. (McGuire, Daniel) [Transferred from Texas Northern on 5/18/2023.] |
Filing 12 ORDER: The Court is of the opinion that the #10 #11 Motions should be and hereby are GRANTED. It is hereby ORDERED that the #9 Clerk's entry of default dated November 28, 2022, is hereby VACATED and ORDERED that Defendants shall respond to the Complaint on or before December 23, 2022. (Ordered by Judge Mark Pittman on 12/12/2022) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 11 Agreed MOTION to Extend Time to Respond to Complaint filed by Blue Ridge Healthcare (Attachments: #1 Proposed Order) (McGuire, Daniel) [Transferred from Texas Northern on 5/18/2023.] |
Filing 10 Stipulation and Agreed MOTION to Vacate #9 Clerk's Entry of Default Against Defendants filed by Blue Ridge Healthcare (Attachments: #1 Proposed Order). Attorney Daniel D. McGuire added to Defendants. (McGuire, Daniel) Modified text on 12/1/2022 (rekc). [Transferred from Texas Northern on 5/18/2023.] |
Filing 9 ***VACATED per #12 ORDER*** Clerk's ENTRY OF DEFAULT as to Blue Ridge Healthcare dba Blue Ridge Healthcare Birmingham LLC nka 1028 Bessemer LLC; Blue Ridge Healthcare dba Blue Ridge Healthcare Willow Trace LLC nka 1406 East LLC; Blue Ridge Healthcare dba Blue Ridge Healthcare Montgomery LLC nka 4490 Virginia Loop LLC; Blue Ridge Healthcare dba Blue Ridge Healthcare Montrose Bay LLC nka 22670 Main St. LLC; Blue Ridge Healthcare dba Blue Ridge Healthcare Selma LLC nka 11 Bell LLC2; Blue Ridge Healthcare dba Blue Ridge Healthcare Windwood LLC nka 3312 Woodley, LLC. (Attachments: #1 Additional Page(s)) (mmw) Modified on 12/12/2022 (mmw). [Transferred from Texas Northern on 5/18/2023.] |
Filing 8 Request for Clerk to issue Application for Entry of Default filed by Digitalway Services, LLC. (Attachments: #1 Exhibit(s) Proof of Services, #2 Exhibit(s) Correspondence from Registered Agent, #3 Exhibit(s) Letter to Registered Agent, #4 Exhibit(s) Response from Registered Agent) (Floyd, James) [Transferred from Texas Northern on 5/18/2023.] |
Filing 7 ORDER: The Court ORDERS Plaintiff to seek entry of default from the Clerk of this Court and to file a motion for default judgment against all Defendants on or before November 22, 2022. (Ordered by Judge Mark Pittman on 11/14/2022) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 6 SUMMONS Returned Executed as to All Defendants. Blue Ridge Healthcare dba Blue Ridge Healthcare Birmingham LLC nka 1028 Bessemer LLC served on 7/18/22; Blue Ridge Healthcare dba Blue Ridge Healthcare Willow Trace LLC nka 1406 East LLC served on 7/18/22; Blue Ridge Healthcare dba Blue Ridge Healthcare Montgomery LLC nka 4490 Virginia Loop LLC served on 7/18/22; Blue Ridge Healthcare dba Blue Ridge Healthcare Montrose Bay LLC nka 22670 Main St. LLC served on 7/18/22 ; Blue Ridge Healthcare dba Blue Ridge Healthcare Selma LLC nka 11 Bell LLC served on 7/18/22; Blue Ridge Healthcare dba Blue Ridge Healthcare Windwood LLC nka 3312 Woodley, LLC served on 7/18/22(Attachments: #1 Affidavit(s), #2 Affidavit(s), #3 Affidavit(s), #4 Affidavit(s), #5 Exhibit(s)) (Floyd, James) Modified on 10/13/2022 (mmw). [Transferred from Texas Northern on 5/18/2023.] |
Filing 5 ORDER: The Court issues this Order to remind Plaintiff that if it fails to file proof of service on or before October 13, 2022, the Court will dismiss all claims under Rule 4(m) and pursuant to Rule 41(b) for failure to prosecute. (Ordered by Judge Mark Pittman on 9/29/2022) (mmw) [Transferred from Texas Northern on 5/18/2023.] |
Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Digitalway Services, LLC. (Clerk QC note: Affiliate entry indicated). (Floyd, James) [Transferred from Texas Northern on 5/18/2023.] |
Filing 3 Summons Issued as to Blue Ridge Healthcare. (jgg) [Transferred from Texas Northern on 5/18/2023.] |
Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jgg) [Transferred from Texas Northern on 5/18/2023.] |
Filing 1 COMPLAINT WITH JURY DEMAND against Blue Ridge Healthcare Birmingham LLC, Blue Ridge Healthcare Montgomery LLC, Blue Ridge Healthcare Montrose Bay LLC, Blue Ridge Healthcare Selma LLC, Blue Ridge Healthcare Willow Trace LLC, Blue Ridge Healthcare Windwood LLC filed by Digitalway Services, LLC. (Filing fee $402; Receipt number 0539-12966088) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement) (Floyd, James) [Transferred from Texas Northern on 5/18/2023.] |
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Search for this case: Digitalway Services, LLC v. Blue Ridge Healthcare et al | |
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Plaintiff: Digitalway Services, LLC | |
Represented By: | James N Floyd |
Represented By: | James N. Floyd |
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Defendant: Blue Ridge Healthcare doing business as Blue Ridge Healthcare Birmingham LLC nka 1028 Bessemer LLC | |
Represented By: | Daniel D. McGuire |
Represented By: | Emily Van Haneghan |
Represented By: | Windy Cockrell Bitzer |
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Defendant: Blue Ridge Healthcare doing business as Blue Ridge Healthcare Montgomery LLC nka 4490 Virginia Loop LLC | |
Represented By: | Daniel D. McGuire |
Represented By: | Emily Van Haneghan |
Represented By: | Windy Cockrell Bitzer |
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Defendant: Blue Ridge Healthcare doing business as Blue Ridge Healthcare Montrose Bay LLC nka 22670 Main St. LLC | |
Represented By: | Daniel D. McGuire |
Represented By: | Emily Van Haneghan |
Represented By: | Windy Cockrell Bitzer |
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Defendant: Blue Ridge Healthcare doing business as Blue Ridge Healthcare Selma LLC nka 11 Bell LLC | |
Represented By: | Daniel D. McGuire |
Represented By: | Emily Van Haneghan |
Represented By: | Windy Cockrell Bitzer |
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Defendant: Blue Ridge Healthcare doing business as Blue Ridge Healthcare Willow Trace LLC nka 1406 East LLC | |
Represented By: | Daniel D. McGuire |
Represented By: | Emily Van Haneghan |
Represented By: | Windy Cockrell Bitzer |
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Defendant: Blue Ridge Healthcare doing business as Blue Ridge Healthcare Windwood LLC nka 3312 Woodley, LLC | |
Represented By: | Daniel D. McGuire |
Represented By: | Windy Cockrell Bitzer |
Represented By: | Emily Van Haneghan |
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