Whitley v. Baptist Health et al

Plaintiff: Brian Whitley
Defendant: Baptist Health, Baptist Health Hospitals, Diamond Risk Insurance LLC, Continental Casualty Company, Admiral Insurance Company, Admiral Indemnity Company, Ironshore Indemnity Inc and Ironshore Specialty Insurance Company
Case Number: 4:2016cv00624
Filed: August 30, 2016
Court: Arkansas Eastern District Court
Office: Little Rock Office
County: Pulaski
Presiding Judge: D. P. Marshall
Nature of Suit: Contract: Other
Cause of Action: 28:1441 Petition For Removal--Other Contract
Jury Demanded By: Both

Available Case Documents

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

Date Filed#Document Text
February 13, 2018 70 Opinion or Order of the Court ORDER: 69 Joint report with embedded request for clarification noted. The Court will revisit the discovery issues, if need be, after the briefing on Whitley's standing and claim. Signed by Judge D. P. Marshall Jr. on 2/13/2018. (jak)
January 29, 2018 68 Opinion or Order of the Court ORDER: The Court appreciates the parties' 64 and 65 supplemental briefing. 56 Motion for summary judgment is denied without prejudice. 66 Motion to stay pending a decision on the summary judgment motion is partly denied and partly granted. The Baptist entities must produce to Whitely their provider (or similar) agreements with QualChoice and its affiliates that were in effect when Whitley was treated by 2/15/2018. Signed by Judge D. P. Marshall Jr. on 1/29/2018. (jak)
January 4, 2018 63 Opinion or Order of the Court ORDER: Baptist Defendants' 56 Motion is converted into one for summary judgment. The Court needs more briefing before it can decide the motion. Simultaneous supplemental briefs due on 1/19/2018. Any party may present any additional material pertinent to the motion by the same date. Signed by Judge D. P. Marshall Jr. on 1/4/2018. (jak)
August 15, 2017 55 Opinion or Order of the Court AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 8/15/2017. (jak)
June 13, 2017 41 Opinion or Order of the Court ORDER: The Court has received the Judgments and Mandates from the Court of Appeals, 32 , 33 , 34 , & 40 . The Court stands by an reinstates part of its vacated 24 Order. On reconsideration, the Court concludes that it decided the ERISA issues, the basic CAFA jurisdictional requirements, and the local controversy exception correctly. But the Court swung and missed on the citizenship/residence issue. Whitley's motion to remand and all related papers, 11 , 12 , 15 , 16 , 20 , and 23 , are reinstated. And the motion is denied: this Court has subject matter jurisdiction, and Whitley's case will stay here. An Initial Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 6/13/2017. (jak)
November 1, 2016 22 Opinion or Order of the Court ORDER granting reluctantly 21 Motion to file sur-reply. Sur-reply due by 11/8/2016. The Court establishes the following rules for future briefing: No main brief shall exceed 20 pages, no reply brief shall exceed 10 pages, no new facts or arguments submitted on reply will be considered by the Court, no sur-replies will be allowed, and all briefs must be in 14-point font or larger, with a minimum of substantive footnotes. Signed by Judge D. P. Marshall Jr. on 11/1/2016. (jak)

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Search for this case: Whitley v. Baptist Health et al
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Plaintiff: Brian Whitley
Represented By: Frank H. Bailey
Represented By: Donald K. Campbell, III
Represented By: Kendel W. Grooms
Represented By: Geoff Hamby
Represented By: Erik S. Heninger
Represented By: Jeffrey P. Leonard
Represented By: Sach D. Oliver
Represented By: Timothy Ryan Scott
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Defendant: Baptist Health
Represented By: Robert L. Henry, III
Represented By: James D. Robertson
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Defendant: Baptist Health Hospitals
Represented By: Robert L. Henry, III
Represented By: James D. Robertson
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Defendant: Diamond Risk Insurance LLC
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Defendant: Continental Casualty Company
Represented By: David P. Glover
Represented By: David Chan Jung
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Defendant: Admiral Insurance Company
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Defendant: Admiral Indemnity Company
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Defendant: Ironshore Indemnity Inc
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Defendant: Ironshore Specialty Insurance Company
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