Nutt et al v. Kees et al

Plaintiff: Kevin Nutt and Lisa Nutt
Defendant: Stafford Kees, Carroll County Nursing & Rehab Center Inc, Osceola Nursing Home LLP, Osceola Therapy & Living Center Inc, Osceola Healthcare PLLC and HOPE Healthcare LLC
Case Number: 3:2010cv00307
Filed: December 3, 2010
Court: Arkansas Eastern District Court
Office: Jonesboro Office
County: Mississippi
Presiding Judge: Susan Webber Wright
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 22, 2016 158 Opinion or Order of the Court SECOND AMENDED JUDGMENT. Pursuant to the 157 Order, Judgment is entered in favor of plaintiffs Kevin and Lisa Nutt and against defendant Stafford Kees for attorneys' fees and costs in the amount of $124,233.47. Signed by Judge Kristine G. Baker on 3/22/2016. (jak)
September 24, 2015 154 Opinion or Order of the Court ORDER AND AMENDED JUDGMENT. An Amended Judgment is hereby entered in favor of defendant OTLC as against plaintiffs Kevin and Lisa Nutt. The Court reaffirms its Findings of Fact and Conclusions of Law and Judgment in all other respects, specifically i n regard to plaintiffs Kevin and Lisa Nutt's claims against Defendants Stafford Kees, Osceola Nursing Home LLP, and Osceola Healthcare PLLC. Finally, this Court writes to confirm that its stay on the execution of the judgment in favor of plaintiffs Kevin and Lisa Nutt has been lifted. Signed by Judge Kristine G. Baker on 9/24/2015. (jak)
May 11, 2015 148 Opinion or Order of the Court ORDER granting 133 Motion for Attorney Fees. The Court assesses attorney's fees and costs against Mr. Kees, without a multiplier or joint and several liability. Plaintiff's are directed to make and submit to the Court within 10 days fro m the entry of this Order a calculation of the amount of attorneys' fees and costs attributable to the claims against Mr. Kees. Mr. Kees will have 14 days from the date plaintiffs submit their calculation of attorneys' fees and costs to respond. The Court denies plaintiffs' motion to amend judgment. Signed by Judge Kristine G. Baker on 5/11/2015. (jak)
September 30, 2014 124 Opinion or Order of the Court JUDGMENT consistent with 123 Findings of Fact & Conclusions of Law, Judgment is entered in favor of Plaintiffs Kevin and Lisa Nutt against Defendants Stafford Kees, Osceola Therapy and Living Center Inc, Osceola Nursing Home LLP, and Osceola Healthcare PLLC, in the amount of $233,471.97. Signed by Judge Kristine G. Baker on 9/30/2014. (jak)
June 4, 2014 109 Opinion or Order of the Court ORDER directing the parties to submit post-trial briefs within 15 days following delivery of the transcripts. Should they choose to do so, the parties shall file responses to any other parties' post-trial brief within 14 days of the date that post-trial brief was filed. Signed by Judge Kristine G. Baker on 6/4/2014. (jak)
May 27, 2014 106 Opinion or Order of the Court ORDER authorizing Alan Crone, Laura Bailey, and Maggie Crone to bring a cell phone, laptop computer, or personal digital assistant into the Jonesboro Divisional Office of the U.S. District Court on Wednesday, May 28, 2014, through the duration of the trial subject to the rules contained within this Order. Signed by Judge Kristine G. Baker on 5/27/2014. (jak)
February 11, 2014 104 Opinion or Order of the Court ORDER removing this case from the trial calendar for Wednesday, February 12, 2014. A separate Order will follow resetting the trial for the next possible date convenient to all parties. Signed by Judge Kristine G. Baker on 2/11/2014. (jak) (Docket entry modified on 2/12/2014 to correct the file date). (jak)
February 10, 2014 103 Opinion or Order of the Court ORDER that counsel Alfred F. Tom Thompson is hereby authorized to bring a cell phone, laptop computer, or personal digital assistant into the Jonesboro Divisional Office of the United States District Court, Eastern District of Arkansas, 615 South Main Street, Jonesboro, Arkansas, 72401, on Wednesday, February 12, 2014, at 9:00 a.m. through the duration of the trial subject to the rules contained within this Order. Signed by Judge Kristine G. Baker on 2/10/2014. (jak)
February 4, 2014 99 Opinion or Order of the Court ORDER denying 92 Motion in Limine. Signed by Judge Kristine G. Baker on 2/4/2014. (jak)
January 24, 2014 91 Opinion or Order of the Court ORDERL: The Court will conduct a damages hearing at the same time as the Bench Trial, which currently is set for the week of February 10, 2014. Signed by Judge Kristine G. Baker on 1/24/2014. (jak)
January 14, 2014 85 Opinion or Order of the Court ORDER that the Court will conduct a pretrial conference by telephone on Thursday, January 23, 2014, beginning at 2:30 p.m. Signed by Judge Kristine G. Baker on 1/14/2014. (jak)
October 7, 2013 81 Opinion or Order of the Court ORDER setting Bench Trial for 2/10/2014 at 9:00 AM in Jonesboro Courtroom #324 before Judge Kristine G. Baker. All other deadlines remain in effect as previously ordered. Signed by Judge Kristine G. Baker on 10/7/2013. (jak) (Docket text modified on 10/7/2013 to correct the trial date.) (thd).
August 8, 2013 77 Opinion or Order of the Court ORDER by the Court, on its own motion, requesting that Plaintiffs tender Defendant Stafford Kees's entire deposition by Thursday, August 15, 2013. Signed by Judge Kristine G. Baker on 8/8/2013. (jak)
May 22, 2013 76 Opinion or Order of the Court ORDER directing the Clerk of Court to mail a copy of this Order to Mr. Kees. Mr. Kees is directed to file all future documents with the Clerk of Court. Signed by Judge Kristine G. Baker on 05/22/2013. (jak)
May 8, 2013 75 Opinion or Order of the Court ORDER directing Mr. Kees to file his response to 73 Notice of Bankruptcy Dismissal and Revival of Motion for Summary Judgment and 74 Motion for Trial on or before May 22, 2013. After that date, the Court will rule on these pending matters. The Clerk of the Court is directed to remove the stay on this case and mail this Order, along with 73 Notice of Bankrupcty Dismissal and 74 Motion for Trial to Mr. Kees at his address of record. Signed by Judge Kristine G. Baker on 05/08/2013. (jak)
November 20, 2012 66 Opinion or Order of the Court ORDER granting 65 Joint Motion to Stay. The case is removed from the trial docket for the week of November 27, 2012. The Court will conduct a status conference by telephone on Monday, December 10, 2012 beginning at 3:00 p.m. Signed by Judge Kristine G. Baker on 11/20/2012. (jak)
November 16, 2012 64 Opinion or Order of the Court ORDER denying 49 Motion for Summary Judgment. Signed by Judge Kristine G. Baker on 11/16/2012. (jak)
July 25, 2012 48 Opinion or Order of the Court ORDER setting this matter for a Bench Trial beginning 11/27/2012 at 9:00 AM in Jonesboro Courtroom (large) #324 before Judge Kristine G. Baker. All other deadlines remain in effect as previously ordered. Signed by Judge Kristine G. Baker on 7/25/2012. (jct)
July 2, 2012 47 Opinion or Order of the Court ORDER directing the parties to contact Debbie Craft, Courtroom Deputy, regarding possible trial dates in November & December 2012. Signed by Judge Kristine G. Baker on 7/2/2012. (jct)
April 9, 2012 44 Opinion or Order of the Court ORDER directing that Discovery is due on or before 7/13/2012; Dispositive Motions due on or before 8/17/2012. Responses to any dispositive motions must be filed on or before 9/17/2012, & replies to any responses must be filed on or before 10/5/2012. The Court will set a trial date by separate Order. Signed by Judge Susan Webber Wright on 4/9/2012. (jct)
March 20, 2012 42 Opinion or Order of the Court ORDER directing Plaintiffs to inform the Court of the current status of this action, including whether further discovery is required, or whether a damages hearing may now be set, within 20 days of the date of entry of this Order. Signed by Judge Susan Webber Wright on 3/20/2012. (jct)
December 5, 2011 40 Opinion or Order of the Court ORDER OF DEFAULT granting 35 Plaintiffs' Motion for Default Judgment against Osceola Nursing Home, LLP and Osceola Healthcare, PLLC. The Court will schedule a damages hearing at the conclusion of the time for conducting discovery, which currently is March 16, 2012. Signed by Judge Susan Webber Wright on 12/5/2011. (jct)
December 1, 2011 37 Opinion or Order of the Court ORDER construing 35 Plaintiffs' MOTION for Default Judgment as one for entry of default by the Clerk & for entry of default by this Court. Accordingly, the Court hereby refers the Motion to the Clerk for consideration. In the event that a clerk's default is entered, the Court directs that the Motion not be termed. The Court will then consider Plaintiffs' motion for default judgment pursuant to Fed.R.Civ.P. 55(b). Signed by Judge Susan Webber Wright on 12/1/2011. (jct)
October 26, 2011 33 Opinion or Order of the Court ORDER directing the Plaintiffs to inform the Court of the current status of this action, including whether the administrative record is or is not sufficient & whether discovery is required, within 20 days of the date of entry of this Order. Signed by Judge Susan Webber Wright on 10/26/2011. (jct)
August 10, 2011 30 Opinion or Order of the Court ORDER, re 29 MOTION to Withdraw as Attorney for Osceola Nursing Home LLP, Osceola Healthcare PLLC & Stafford Kees, the Court directs that w/i 7 days of the date of entry of this Order, the Law Firm notify the named separate defendants in writing th at its motion to withdraw will be granted no later than 9/1/11, & that Osceola Nursing Home LLP & Osceola Healthcare PLLC risk default judgments if they fail to obtain substitute counsel before 9/1/11. Signed by Judge Susan Webber Wright on 8/10/2011. (jct)
June 21, 2011 27 Opinion or Order of the Court ORDER granting in part and denying in part 19 Motion. The Court denies Osceola Nursing Home's motion to dismiss for lack of jurisdiction & grants the motion to enforce the Court's Order to file an administrative record. Because a HIPAA release is required for the administrative record in this action to be released & filed, the Court directs that Kevin Nutt execute an appropriate HIPPA release & that whatever administrative record exists as set forth above be filed w/i 21 days of the entry date of this Order. Signed by Judge Susan Webber Wright on 6/21/2011. (jct)
April 6, 2011 17 Opinion or Order of the Court ORDER directing that the administrative record be filed w/i 21 days of the date of entry of this Order, after which a determination as to how to proceed will be made. Signed by Judge Susan Webber Wright on 4/6/2011. (jct)
February 15, 2011 11 Opinion or Order of the Court ORDER granting 10 Motion for Leave to Appear pro hac vice by David Brackstone on behalf of Plaintiffs. Signed by Judge Susan Webber Wright on 2/15/2011. (jct)

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Search for this case: Nutt et al v. Kees et al
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Plaintiff: Kevin Nutt
Represented By: Alan G. Crone
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Plaintiff: Lisa Nutt
Represented By: Alan G. Crone
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Defendant: Stafford Kees
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Defendant: Carroll County Nursing & Rehab Center Inc
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Defendant: Osceola Nursing Home LLP
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Defendant: Osceola Therapy & Living Center Inc
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Defendant: Osceola Healthcare PLLC
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Defendant: HOPE Healthcare LLC
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