Arland Kelley v. HCR ManorCare, Inc. et al
Arland Kelley |
HCP, Inc., Christine Garvey, Peter Rhein, Joseph Sullivan, Michael McKee, James Hoffmann, David Henry, Lauralee Martin, Timothy Schoen, HCR ManorCare, Inc., Brian Cartwright and Thomas Herzog |
8:2017cv01259 |
July 21, 2017 |
US District Court for the Central District of California |
Jay C Gandhi |
James V Selna |
Stockholders Suits |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on November 28, 2017. A more recent docket listing may be available from PACER.
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Filing 44 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Northern District of Ohio, 3:17-cv-02493 filed 11/28/2017. (lom) |
Filing 43 MINUTES (IN CHAMBERS) Order GRANTING Defendants' Motion to Transfer #18 by Judge James V. Selna: For the foregoing reasons, the Court grants the motion to transfer. The Court denies the motion to stay as moot. The Court finds that oral argument would not be helpful in this matter and vacates the December 4, 2017 hearing. Fed. R. Civ. P. 78; Local Rule 7-15. See document for further information. Case transferred to the Northern District of Ohio. Original file, certified copy of transfer order and docket sheet sent. MD JS-6. Case Terminated. (lwag) |
Filing 42 REPLY in support of NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #17 filed by Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (Neach, Brian) |
Filing 41 REPLY filed by Defendant HCR ManorCare, Inc. to Joinder (Motion Related) #37 in HCP Defendants' Motion to Transfer Or, In The Alternative, Stay Action (Gabriel, Jessie) |
Filing 40 OPPOSITION to Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #18 , NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #17 filed by Plaintiff Arland Kelley. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Green, Robert) |
Filing 39 (IN CHAMBERS) The Court, on its own motion, CONTINUES the Scheduling Conference, previously set for 11/6/2017 at 11:30 AM, to MONDAY, 12/4/2017 at 1:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
Filing 38 CERTIFICATE of Interested Parties filed by Defendant HCR ManorCare, Inc., identifying National Union Fire Insurance Co.; Endurance American Insurance Co.; Allied World Assurance Co.; Beazley Insurance Co., Inc.; Arch Insurance Co.. (Gabriel, Jessie) |
Filing 37 JOINDER in NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #17 filed by Defendant HCR ManorCare, Inc.. (Gabriel, Jessie) |
Filing 36 ORDER by Judge James V. Selna, on Stipulation to Continue Hearing Date on HCP Defendants' Motion to Transfer, #35 . 1. The hearing date on the Transfer/Stay Motion shall be continued from November 6, 2017, to December 4, 2017; 2. ManorCare's brief in response to the Transfer/Stay Motion shall be filed on or before October 30, 2017; 3. Plaintiff's opposition brief to both the Transfer/Stay Motion and ManorCare's brief shall be filed on or before November 13, 2017; and 4. Reply briefs shall be filed on or before November 20, 2017; and 5. ManorCare's time to respond to the complaint shall be extended to the date thirty (30) days after this Court's ruling on the Transfer/Stay Motion. IT IS SO ORDERED. (see document for details). (dro) |
Filing 35 Joint STIPULATION to Continue Hearing Date on HCP Defendants' Motion to Transfer from November 6, 2017 to December 4, 2017 Re: Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #18 filed by Defendant HCR ManorCare, Inc.. (Attachments: #1 Proposed Order)(Attorney Jessie Morgan Gabriel added to party HCR ManorCare, Inc.(pty:dft))(Gabriel, Jessie) |
Filing 34 PROOF OF SERVICE Executed by Plaintiff Arland Kelley, upon Defendant HCR ManorCare, Inc. served on 10/9/2017, answer due 10/30/2017. Service of the Summons and Complaint were executed upon HCR MANORCARE, INC. in compliance with statute not specified by personal service.Original Summons NOT returned. (Noblin, James) |
Filing 33 ORDER by Judge James V. Selna: On Stipulation to Continue Hearing Date on HCP Defendants' Motion to Transfer and Extend Date for HCP Defendants' Response to Complaint #32 . The hearing re Motion originally scheduled have been rescheduled (Motion set for hearing on 11/6/2017 at 01:30 PM before Judge James V. Selna.) HCP Defendants' time to respond to the complaint shall be extended to the date sixty (60) days after this Court's ruling on the Transfer/Stay Motion. (mt) |
Filing 32 Joint STIPULATION to Continue Hearing on HCP Defendants' Motion to Transfer/Stay from October 23, 2017 to November 6, 2017 Re: Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #18 filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Proposed Order)(Neach, Brian) |
Filing 31 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Joseph Sullivan waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 30 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Timothy Schoen waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 29 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Peter Rhein waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 28 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Michael McKee waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 27 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Lauralee Martin waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 26 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon James Hoffmann waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Thomas Herzog waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 24 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon David Henry waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 23 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Christine Garvey waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Brian Cartwright waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) |
Filing 21 ORDER by Judge James V. Selna: granting #16 Non-Resident Attorney Sarah A Istel APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Michael D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, Joseph P. Sullivan, and HCP, Inc., designating Brian Neach as local counsel. (es) |
Filing 20 ORDER by Judge James V. Selna, GRANTING #15 Non-Resident Attorney Audra J Soloway APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Michael D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, Joseph P. Sullivan, and HCP, Inc., designating Brian Neach as local counsel. (es) |
Filing 19 ORDER by Judge James V. Selna, GRANTING #14 Non-Resident Attorney Daniel J Kramer APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Michael D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, Joseph P. Sullivan, and HCP, Inc., designating Brian Neach as local counsel. (es) |
Filing 18 Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. Motion set for hearing on 10/23/2017 at 01:30 PM before Judge James V. Selna. (Neach, Brian) |
Filing 17 NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. Motion set for hearing on 10/23/2017 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum, #2 Declaration of Brian Neach, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order) (Neach, Brian) |
Filing 16 APPLICATION of Non-Resident Attorney Sarah A. Istel to Appear Pro Hac Vice on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20532569) filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Pete r Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Neach, Brian) |
Filing 15 APPLICATION of Non-Resident Attorney Audra J. Soloway to Appear Pro Hac Vice on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20532539) filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Pe ter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Neach, Brian) |
Filing 14 APPLICATION of Non-Resident Attorney Daniel J. Kramer to Appear Pro Hac Vice on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20532505) filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Pe ter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Exhibit Cert of Good Standing, #2 Proposed Order) (Neach, Brian) |
Filing 13 CERTIFICATE of Interested Parties filed by Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan, (Neach, Brian) |
Filing 12 NOTICE of Appearance filed by attorney Brian Neach on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Attorney Brian Neach added to party Brian Cartwright(pty:dft), Attorney Brian Neach added to party Christine Garvey(pty:dft), Attorney Brian Neach added to party HCP, Inc.(pty:dft), Attorney Brian Neach added to party David Henry(pty:dft), Attorney Brian Neach added to party Thomas Herzog(pty:dft), Attorney Brian Neach added to party James Hoffmann(pty:dft), Attorney Brian Neach added to party Lauralee Martin(pty:dft), Attorney Brian Neach added to party Michael McKee(pty:dft), Attorney Brian Neach added to party Peter Rhein(pty:dft), Attorney Brian Neach added to party Timothy Schoen(pty:dft), Attorney Brian Neach added to party Joseph Sullivan(pty:dft))(Neach, Brian) |
Filing 11 ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge James V. Selna. Rule 26 Meeting Report due by 10/30/2017. Scheduling Conference set for 11/6/2017 at 11:30 AM before Judge James V. Selna. (jlen) |
Filing 10 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) |
Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant HCP, Inc.. (jp) |
Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Brian Cartwright, Christine Garvey, HCR ManorCare, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (jp) |
Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Jay C. Gandhi. (jp) |
Filing 5 CERTIFICATE of Interested Parties filed by Plaintiff Arland Kelley, (Green, Robert) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arland Kelley. (Green, Robert) |
Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arland Kelley. (Green, Robert) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff Arland Kelley. (Green, Robert) |
Filing 1 COMPLAINT Receipt No: 0973-20220063 - Fee: $400, filed by Plaintiff Arland Kelley. (Attorney Robert S Green added to party Arland Kelley(pty:pla))(Green, Robert) |
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