Bradshaw Home Medical Equipment LLC v. Hospice Family Care Incorporated et al
| Bradshaw Home Medical Equipment LLC |
| Hospice Family Care Incorporated an Arizona corporation doing business as Curo Hospice also known as Curo Health Services, Curo Health Services, Unknown Parties and National HME Incorporated |
| 3:2013cv08218 |
| September 4, 2013 |
| U.S. District Court for the District of Arizona |
| Prescott Division Office |
| Yavapai |
| Paul G Rosenblatt |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on December 15, 2014. A more recent docket listing may be available from PACER.
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Filing 51
ORDER pursuant to #50 Stipulation of Dismissal: the Clerk shall terminate this action. All hearings and deadlines in this matter are vacated. All pending motions are terminated. Each party is to bear its own costs and attorneys' fees incurred in this matter. Signed by Senior Judge Paul G Rosenblatt on 12/15/14. (LSP)
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| Filing 50 STIPULATION of Dismissal of Lawsuit with Prejudice by Hospice Family Care Incorporated. (Attachments: #1 Text of Proposed Order)(Nolasco, Thomas) |
| Filing 49 NOTICE of Settlement by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
| Filing 48 MINUTE ENTRY for proceedings held before Magistrate Judge Bridget S Bade: Settlement Conference held on 10/30/2014. Settlement reached. The parties are directed to file a Notice of Settlement. APPEARANCES: Attorney Alex Benjamin Vakula for Plaintiff. Attorney Thomas Robert Nolasco for Defendant Also appearing: Plaintiff's representative Robert Keller; Defendant's representative Taylor Enabnit. (Recorded by: N/A) Hearing held 9:30 AM to 3:30 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESL) |
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Filing 47
ORDER: Due to the pendency of the Motion for Summary Judgment #43 and Alternative Motion to Compel Arbitration and Stay or Dismiss Action #45 , the Final Pretrial Conference set for 12/1/2014 and Trial set for 1/5/2015 are vacated, as are the deadlines for filing trial-related documents. See order for further details. Signed by Senior Judge Paul G Rosenblatt on 10/27/2014. (LMR)
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Filing 46
ORDER granting #42 Stipulation of Dismissal: Defendant Hospice Family Care, Inc. ONLY, is dismissed with prejudice from this action. Each party to the stipulated dismissal to bear its own costs and attorneys' fees incurred in this matter. Signed by Senior Judge Paul G Rosenblatt on 10/27/14. (LSP)
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| Filing 45 MOTION to Compel Arbitration and Stay or Dismiss Action (Alternative Motion) by National HME Incorporated. (Nolasco, Thomas) |
| Filing 44 STATEMENT of Facts in Support of Motion for Summary Judgment Regarding Counts I and II of Plaintiff's Complaint re: #43 MOTION for Summary Judgment Regarding Counts I and II of Plaintiff's Complaint by Defendant National HME Incorporated. (Attachments: #1 Exhibit 1-3)(Nolasco, Thomas) |
| Filing 43 MOTION for Summary Judgment Regarding Counts I and II of Plaintiff's Complaint by National HME Incorporated. (Nolasco, Thomas) |
| Filing 42 STIPULATION of Dismissal With Prejudice Plaintiff's Claims Against Hospice Family Care, Inc. Only by Hospice Family Care Incorporated, National HME Incorporated. (Attachments: #1 Text of Proposed Order)(Nolasco, Thomas) |
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Filing 41
SETTLEMENT CONFERENCE ORDER: All parties and if represented, their counsel, shall physically appear for a Settlement Conference on October 30, 2014 at 9:30 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S Bade. Signed by Magistrate Judge Bridget S Bade on 9/30/2014. (LFIG)
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Filing 40
ORDER granting #37 Motion to Appoint Magistrate Judge for a Settlement Conference. Magistrate Judge Bridget S. Bade has been chosen by random draw. Signed by Senior Judge Paul G Rosenblatt on 9/18/14.(LSP)
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| Filing 39 NOTICE of Service of Discovery filed by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
| Filing 38 NOTICE of Service of Discovery filed by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
| Filing 37 Joint MOTION to Appoint Magistrate Judge for Settlement Conference by Hospice Family Care Incorporated, National HME Incorporated. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Appoint Magistrate Judge for Settlement Conference)(Nolasco, Thomas) |
| Filing 36 NOTICE of Service of Discovery filed by Hospice Family Care Incorporated. (Nolasco, Thomas) |
| Filing 35 NOTICE of Service of Discovery filed by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
| Filing 34 NOTICE of Service of Discovery filed by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
| Filing 33 NOTICE of Service of Discovery filed by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
| Filing 32 ANSWER to #24 Amended Complaint by Hospice Family Care Incorporated.(Nolasco, Thomas) |
| Filing 31 ANSWER to #24 Amended Complaint by National HME Incorporated.(Nolasco, Thomas) |
| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 2/10/2014, before Judge Rosenblatt. Court Reporter Candy Potter. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2014. Redacted Transcript Deadline set for 4/17/2014. Release of Transcript Restriction set for 6/16/2014. (VPB) |
| Filing 29 TRANSCRIPT REQUEST by Bradshaw Home Medical Equipment LLC for proceedings held on 02/10/2014, Judge Paul G Rosenblatt hearing judge(s). (Vakula, Alex) |
| Filing 28 NOTICE of Service of Discovery filed by Hospice Family Care Incorporated. (Nolasco, Thomas) |
| Filing 27 Summons Issued as to National HME Incorporated. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 26 SUMMONS Submitted by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
| Filing 25 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Bradshaw Home Medical Equipment LLC First Amended Complaint. (Attachments: #1 Redline of Amended Complaint)(Vakula, Alex) |
| Filing 24 *AMENDED COMPLAINT against All Defendants filed by Bradshaw Home Medical Equipment LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Vakula, Alex) *Modified to add National HME Inc. and to terminate Unknown Parties on 3/6/2014 (LSP). |
| Filing 23 *NOTICE of Service of Discovery re: Disclosure by Bradshaw Home Medical Equipment LLC . (Vakula, Alex) *Modified to correct event type on 3/3/2014 (LSP). |
| Filing 22 NOTICE of Service of Discovery filed by Hospice Family Care Incorporated. (Nolasco, Thomas) |
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Filing 21
SCHEDULING ORDER: Discovery due by 9/12/2014. Dispositive motions due by 10/24/2014. Final Pretrial Conference set for 12/1/2014 at 11:00 AM in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Paul G Rosenblatt. Jury Trial set for 1/5/2015 at 09:00 AM in U.S. Post Office Building, 101 W. Goodwin St, Prescott, AZ 86303 before Senior Judge Paul G Rosenblatt.See order for additional deadlines and details. Signed by Senior Judge Paul G Rosenblatt on 2/10/2014. (LMR)
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| Filing 20 MINUTE ENTRY for proceedings held before Senior Judge Paul G Rosenblatt: Scheduling Conference held on 2/10/2014. Separate scheduling order to issue. APPEARANCES: Alex Vakula for Plaintiff. Thomas Nolasco for Defendants (Court Reporter Candy Potter.) Hearing held 10:58 AM to 11:16 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) |
| Filing 19 REPORT of Rule 26(f) Planning Meeting by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
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Filing 18
ORDER denying #12 Plaintiff's Motion to Remand. Signed by Senior Judge Paul G Rosenblatt on 12/2/13.(LSP)
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| Filing 17 *REPLY to Response to Motion re #12 MOTION to Remand to State Court filed by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) *Document is not in compliance with LRCiv 7.1(c); attorney notified on 11/1/2013 (LSP). |
| Filing 16 Corporate Disclosure Statement by Bradshaw Home Medical Equipment LLC. (Vakula, Alex) |
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Filing 15
ORDER:Corporate Disclosure Statement Deadline set for 11/4/2013 as to Bradshaw Home Medical Equipment LLC. Signed by Senior Judge Paul G Rosenblatt on 10/24/2013. (LMR)
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| Filing 14 RESPONSE to Motion re #12 MOTION to Remand to State Court filed by Hospice Family Care Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nolasco, Thomas) |
| Filing 13 *SERVICE EXECUTED - Certificate of Service re: Motion to Remand Case to State Court re #12 by Plaintiff Bradshaw Home Medical Equipment LLC. (Vakula, Alex) *Modified to correct event type on 10/7/2013 (LSP). |
| Filing 12 MOTION to Remand to State Court by Bradshaw Home Medical Equipment LLC. (Attachments: #1 Affidavit Declaration - Exhibit "A", #2 Affidavit Declaration - Exhibit "B")(Vakula, Alex) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE for Monday, February 10, 2014 at 11:00 AM in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Paul G Rosenblatt. Signed by Senior Judge Paul G Rosenblatt on 10/4/2013. (LFIG)
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| Filing 10 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Paul G. Rosenblatt. All further pleadings/papers should now list the following COMPLETE case number: CV-13-8218-PCT-PGR. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 9 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 8 DEFENDANT'S DEMAND for Jury Trial by Hospice Family Care Incorporated. (Nolasco, Thomas) |
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Filing 7
ORDER that motion pursuant to Rule 12(b) of the Federal Rules of Civil Procedure is discouraged if the defect can be cured by filing an amended pleading. See PDF document for details. Signed by Magistrate Judge Steven P Logan on 9/12/13. (LSP)
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| Filing 6 ANSWER to Complaint by Hospice Family Care Incorporated.(Nolasco, Thomas) |
| Filing 5 NOTICE TO PARTY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Bradshaw Home Medical Equipment LLC. (REK) |
| Filing 4 Filing fee paid, receipt number 0970-9579443. This case has been assigned to the Honorable Steven P. Logan. All future pleadings or documents should bear the correct case number: CV-13-08218-PCT-SPL. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 3 NOTICE/ Index of State Court Record and Verification of Counsel Pursuant to LRCiv 3.7(b) by Hospice Family Care Incorporated. (submitted by Thomas Nolasco) (Attachments: #1 Exhibit)(REK) |
| Filing 2 Corporate Disclosure Statement by Hospice Family Care Incorporated. (submitted by Thomas Nolasco) (REK) |
| Filing 1 NOTICE OF REMOVAL from Yavapai County Superior Court, case number P1300CV2013-00765. Filing fee received: $400.00, receipt number 0970-9579443 filed by Hospice Family Care Incorporated. (submitted by Thomas Nolasco) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet)(REK) |
| *****State Court record received on 9/04/2013*****SERVICE EXECUTED filed by Bradshaw Home Medical Equipment LLC: re Complaint, Summons, and Certificate and Attachments upon Hospice Family Care Incorporated via CT Corporation System on 8/14/2013.*****Service of Process Transmittal docketed in U.S. District Court on 9/04/2013 for case management purposes.***** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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