Whitley v. Baptist Health et al
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|Date Filed||#||Document Text|
|June 13, 2017
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
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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