Agency for Health Care Administration v. Bayou Shores SNF LLC
Interested Party: Synovus Bank, Pinellas County Attorneys office, United States Trustee - TPA, Pinellas County Tax Collector (NF) and Fernando Gutierrez
Appellee: Bayou Shores SNF LLC
Appellant: United States of America and Agency for Health Care Administration
Case Number: 8:2014cv02816
Filed: November 12, 2014
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: Pinellas
Presiding Judge: James S Moody
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 6, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2017 Filing 111 Notification from the U.S. Court of Appeals, 11th Circuit, that WRIT OF CERTIORARI has been denied by the U.S. Supreme Court as to #84 Notice of appeal filed by Bayou Shores SNF LLC Issued on 6/5/2017. The court's mandate having previously issued, no further action will be taken by this court. (LMD)
May 1, 2017 Filing 110 CLERK'S certificate of destruction of exhibits and/or exhibit substitutes as to Agency for Health Care Administration and Movant. (LMD)
March 21, 2017 Filing 109 RECEIPT for return of the GOVERNMENTS exhibits and/or exhibit substitutes as to The United States of America (BSN)
March 17, 2017 Filing 108 GOVERNMENT, APELLANT, AND MOVANT EXHIBITS: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings. Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (Please note: Government MUST pick up their exhibits) (AMD)
October 11, 2016 Filing 107 MANDATE of USCA. AFFIRMED as to #84 Notice of appeal filed by Bayou Shores SNF LLC Issued as Mandate: 10/11/16 USCA number: 15-13731-FF. (JNB)
August 10, 2016 Filing 106 MANDATE recalled by USCA as to #84 Notice of appeal filed by Bayou Shores SNF LLC USCA number: 15-13731-FF. (JNB)
August 10, 2016 Filing 105 ***RECALLED PER USCA ORDER 207***MANDATE of USCA. AFFIRMED as to #84 Notice of appeal filed by Bayou Shores SNF LLC Issued as Mandate: 8/10/16 USCA number: 15-13731-FF. (JNB) Modified on 8/10/2016 (JNB).
July 12, 2016 Filing 104 OPINION/ORDER of USCA. AFFIRMED as to #84 Notice of appeal filed by Bayou Shores SNF LLC. EOD: 7/11/16; Mandate to issue at a later date. USCA number: 15-13731-FF. (JNB)
January 26, 2016 Filing 103 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #84 Notice of appeal. The following documents are being forwarded in paper format for the record on appeal by the USCA in addition to the electronic record. Volume of pleadings: 1 (Sealed) Volume of exhibits: 3. USCA number: 15-13731-FF (BSN)
October 27, 2015 Opinion or Order Filing 101 ORDER granting #89 motion to stay. Signed by Judge James S. Moody, Jr on 10/27/2015. (JG)
October 26, 2015 Filing 102 NOTICE of EXHIBITS placed in the EXHIBIT ROOM (3 envelopes - Evidentiary Hearing) (LSS)
October 26, 2015 Filing 100 Exhibit List by Bayou Shores SNF LLC. (AR)
October 26, 2015 Filing 99 Exhibit List by The United States of America. (AR)
October 26, 2015 Filing 98 Exhibit List by Agency for Health Care Administration. (AR)
October 26, 2015 Filing 97 Minute Entry. Proceedings held before Judge James S. Moody, Jr.: Evidentiary Hearing on Emergency Motion to Stay Pending Appeal held on 10/26/2015. Court Reporter: Melissa Pierson (AR)
October 26, 2015 Opinion or Order Filing 96 ENDORSED ORDER denying #95 Motion to Strike, for reasons stated on the record. Signed by Judge James S. Moody, Jr on 10/26/2015. (LN)
October 26, 2015 Filing 95 MOTION to Strike #91 Notice (Other), #92 Notice (Other) and Declaration of Stephanie M.Davis (DE 94-1) by Bayou Shores SNF LLC. (Payne, Tiffany)
October 23, 2015 Filing 94 RESPONSE in Opposition re #89 MOTION to stay filed by The United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Flynn, Sean)
October 23, 2015 Filing 93 RESPONSE in Opposition re #89 MOTION to stay filed by Agency for Health Care Administration. (Sheeran, Andrew)
October 23, 2015 Filing 92 NOTICE by Agency for Health Care Administration of Filing Declaration of Kimberly R. Smoak (Attachments: #1 Declaration of Kimberly R. Smoak, #2 Exhibit A, #3 Exhibit B)(Sheeran, Andrew)
October 23, 2015 Filing 91 NOTICE by Agency for Health Care Administration of Filing Declaration of Polly Weaver (Attachments: #1 Declaration of Polly Weaver, #2 Exhibit A, #3 Exhibit B)(Sheeran, Andrew)
October 22, 2015 Filing 90 NOTICE of hearing on Emergency Renewed Motion for Further Stay Pending Appeal. Motion Hearing set for MONDAY, OCTOBER 26, 2015 at 10:15 AM in Tampa Courtroom 17 before Judge James S. Moody Jr. Time Reserved: 45 minutes. (AR)
October 21, 2015 Filing 89 Emergency Renewed MOTION to Stay Pending Appeal re #88 USCA order, #72 Order dismissing case (October 16, 2015 11th USCA Order and June 26, 2015 US Dist. Ct Reversal Order) by Bayou Shores SNF LLC. (Attachments: #1 Exhibit A-11th Circuit 10/16/2015 Order on Appellant's Motion for Reconsideration, #2 Exhibit B-July 9, 2015 Order on In re; Nurses Regisgtry, #3 Exhibit C-11th Circuit 9/17/2015 Stay Motion, #4 Exhibit D-11th Circuit 10/14/2015 Motion for Reconsideration, #5 Exhibit E-11th Circuit 10/16/2015 Reply to Response to Motion for Reconsideration, #6 Exhibit F-11th Circuit 10/16/2015 Appellant's Initial Brief, #7 Exhibit G-January 20, 2015 hearing transcript (pg 20, ll 4-16), #8 Exhibit H--Declaration - Dr. Fadi Saba, #9 Exhibit I-Declaration of Andrea Pankhurst with exhibits, #10 Exhibit J-Declaration of Tzvi Bogomilsky, #11 Exhibit K-101215 AHCA Termination Letter, #12 Exhibit L-Declaration of Dr. Jorge Rodriguez, #13 Exhibit M-Declaration of Jean P Farnan, #14 Exhibit N-11th Circuit - AHCA's recent statement, #15 Exhibit O-11th Circuit Weaver Affidavit, #16 Exhibit P-Declaration of Michael Bokor, #17 Exhibit Q-Declaration of Bonnie Aron Wilds, #18 Exhibit R-Letters from Bayou Shores' Residents)(Payne, Tiffany) Modified on 10/22/2015 corrected text to reflect document (BES).
October 19, 2015 Opinion or Order Filing 88 ORDER of USCA: Motion for reconsideration of panel order filed by Appellant Bayou Shores SNF LLC is GRANTED as to #84 Notice of appeal filed by Bayou Shores SNF LLC. EOD: 10/16/15; USCA number: 15-13731-FF. (JNB)
October 9, 2015 Opinion or Order Filing 87 ORDER of USCA: Motion to stay pending appeal filed by Appellant Bayou Shores SNF LLC is DENIED...Because we find that a stay for the duration of the appeal is not warranted in this case, we GRANT the appellees' motion to modify the stay currently in place, pursuant to Fed. R. Bankr. P. 8025(d), so that the stay expires on October 19, 2015, as the district court intended as to #84 Notice of appeal filed by Bayou Shores SNF LLC. EOD: 10/8/15; USCA number: 15-13731-FF. (JNB)
September 2, 2015 Filing 86 DESIGNATION of Record on Appeal by Bayou Shores SNF LLC re #84 Notice of appeal (Payne, Tiffany)
August 21, 2015 TRANSMITTAL to USCA forwarding Appeal Fees Paid re #84 Notice of appeal USCA number: NOT KNOWN. (BSN)
August 20, 2015 Filing 85 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #84 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (BSN)
August 20, 2015 USCA appeal fees received $ 505 receipt number tpa31823 re #84 Notice of appeal filed by Bayou Shores SNF LLC (ARC)
August 19, 2015 Filing 84 NOTICE OF APPEAL as to #65 Order on motion to dismissOrder on Motion for Miscellaneous Relief, #72 Order dismissing case, #31 Order on motion to dismiss/lack of jurisdiction by Bayou Shores SNF LLC. Filing fee not paid. (Payne, Tiffany)
July 20, 2015 Opinion or Order Filing 83 ORDER: Appellee's Motion for Stay Pending Appeal of the Order Reversing the Confirmation Order with Respect to the Assumption of the Debtor's Medicare and Medicaid Provider Agreements #77 is GRANTED in part. The Reversal Order #72 is STAYED for a period of ninety (90) days from the date of this Order (with no bond required) so that Appellee may provide its residents with sufficient notice to make suitable arrangements for his or her transfer and care. Appellee may seek an additional stay directly from the Eleventh Circuit if it so chooses. Signed by Judge James S. Moody, Jr on 7/20/2015. (LN)
July 17, 2015 Filing 82 RESPONSE in Opposition re #77 MOTION to stay re #72 Order dismissing case (Motion to Stay Reversal of Confirmation Order Pending Appeal to the Eleventh Circuit) filed by Agency for Health Care Administration. (Sheeran, Andrew)
July 17, 2015 Filing 81 NOTICE by Agency for Health Care Administration of filing declarations in support of 82 response (Attachments: #1 Exhibit Declaration of Polly Weaver, #2 Exhibit Declaration of Thomas Parker)(Sheeran, Andrew) Modified on 7/20/2015 (BSN).
July 17, 2015 Filing 80 RESPONSE in Opposition re #77 MOTION to stay re #72 Order dismissing case (Motion to Stay Reversal of Confirmation Order Pending Appeal to the Eleventh Circuit) filed by The United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Flynn, Sean)
July 13, 2015 Sealed Document S-79. (BSN)
July 13, 2015 Opinion or Order Filing 78 ENDORSED ORDER granting #76 Motion for leave to file under seal Multiple Residents' Affidavits and Declarations Containing Confidential Protected Health Information. Signed by Judge James S. Moody, Jr on 7/13/2015. (LN)
July 10, 2015 Filing 77 MOTION to stay re #72 Order dismissing case (Motion to Stay Reversal of Confirmation Order Pending Appeal to the Eleventh Circuit) by Bayou Shores SNF LLC. (Attachments: #1 Exhibit A-Affidavit of Andrea Pankhurst, #2 Exhibit B-Affidavit of Anne McWeeney, #3 Exhibit C-Declaration of Dr. Fadi Saba, #4 Exhibit D-Declaration of Dr. Jorge A Rodriguez, #5 Exhibit E-Declaration of Deb Plummer)(Payne, Tiffany)
July 10, 2015 Filing 76 MOTION for leave to file under seal Multiple Residents' Affidavits and Declarations Containing Confidential Protected Health Information by Bayou Shores SNF LLC. (Payne, Tiffany)
June 29, 2015 Filing 75 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Melissa Pierson. (Pierson, Melissa)
June 29, 2015 Filing 74 TRANSCRIPT of Motion hearing held on 5/19/2015 before Judge James S. Moody, Jr.. Court Reporter/Transcriber Melissa Pierson,Telephone number (813) 301-5336. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/20/2015, Redacted Transcript Deadline set for 7/30/2015, Release of Transcript Restriction set for 9/28/2015. (Pierson, Melissa)
June 29, 2015 Filing 73 TRANSMITTAL to bankruptcy court forwarding Order remanding the appeal to the Bankruptcy Court re #72 Order dismissing case Copies sent to Trustee, Bankruptcy Judge and Bankruptcy Clerk. (BSN)
June 26, 2015 Opinion or Order Filing 72 ORDER: The September 5, 2014 Order and Confirmation Order are reversed to the extent explained herein. This appeal is remanded to the Bankruptcy Court for further proceedings. The Clerk of Court is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody, Jr on 6/26/2015. (LN)
June 16, 2015 Filing 71 APPELLANT'S REPLY BRIEF by Agency for Health Care Administration. (Sheeran, Andrew)
June 4, 2015 Filing 70 MEMORANDUM in opposition re #68 Motion to Strike filed by The United States of America. (Attachments: #1 Exhibit A Public Notice, #2 Exhibit B Florida Public Notice)(Emden, Christopher)
June 2, 2015 Filing 69 APPELLEE'S BRIEF by Bayou Shores SNF LLC. (Payne, Tiffany)
May 28, 2015 Filing 68 MOTION to Strike #67 Appellant's reply brief - bankruptcy Motion of Appellee, Bayou Shores, SNF, LLC, to Strike an Exhibit and an Argument Presented for the First Time in the Reply Brief Filed by The United States of America, on behalf of The Secretary of the United States Department of Health and Human Services by Bayou Shores SNF LLC. (Payne, Tiffany)
May 20, 2015 Filing 67 APPELLANT'S REPLY BRIEF by The United States of America. (Attachments: #1 Exhibit A)(Flynn, Sean)
May 19, 2015 Filing 66 Minute Entry. Proceedings held before Judge James S. Moody, Jr.: MOTION HEARING held on 5/19/2015 re #54 Appellee's MOTION to Dismiss the Appeal of the Order Confirming Appellee's Chapter 11 Plan and #61 Appellee's MOTION to Renew the Motion to Dismiss the Appeals. Court Reporter: Melissa Pierson (AR)
May 19, 2015 Opinion or Order Filing 65 ORDER: Appellee's Motions to Dismiss #54 #61 are denied. Appellee's brief in response to AHCA's Second Appeal shall be filed within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr on 5/19/2015. (LN)
May 18, 2015 Filing 64 RESPONSE in Opposition re #61 MOTION for miscellaneous relief, specifically Motion of Appellee, Bayou Shores, SNF, LLC, to Renew the Motion to Dismiss the Appeals filed by the Florida Agency for Health Care Administration, and the United States of America, on behalf of the Secr Adopting the Memorandum in Opposition filed by the United States filed by Agency for Health Care Administration. (Sheeran, Andrew)
May 18, 2015 Filing 63 MEMORANDUM in opposition re #61 Motion for Miscellaneous Relief filed by The United States of America. (Attachments: #1 Exhibit A- February 2015 Hearing Transcript)(Emden, Christopher)
May 7, 2015 Filing 62 NOTICE of hearing on #61 Motion of Appellee, Bayou Shores, SNF, LLC, to Renew the Motion to Dismiss the Appeals, and #54 Motion to Dismiss the Appeal of the Order Confirming Appellee's Chapter 11 Plan filed by the Florida Agency for Health Care Administration. Motion Hearing set for TUESDAY, 5/19/2015 at 9:30 AM in Tampa Courtroom 17 before Judge James S. Moody Jr. Time reserved: 30 minutes. (LN)
May 7, 2015 Filing 61 MOTION for miscellaneous relief, specifically Motion of Appellee, Bayou Shores, SNF, LLC, to Renew the Motion to Dismiss the Appeals filed by the Florida Agency for Health Care Administration, and the United States of America, on behalf of the Secretary of the United States Department of Health and Human Services (Doc. No. 20) by Bayou Shores SNF LLC. (Payne, Tiffany)
May 6, 2015 Filing 60 APPELLEE'S BRIEF by Bayou Shores SNF LLC. (Payne, Tiffany)
May 4, 2015 Filing 59 RESPONSE in Opposition re #54 MOTION to Dismiss 8:14-cv-2816 (Doc. No. 41) the Appeal of the Order Confirming Appellee's Chapter 11 Plan filed by the Florida Agency for Health Care Administration and the Notice of Appeal of Case No. 8:15-cv-00128-JSM (Doc. No. 1) filed by Agency for Health Care Administration. (Sheeran, Andrew)
April 28, 2015 Opinion or Order Filing 58 ENDORSED ORDER granting #56 Motion for Extension of Time to File; deadline extended to May 6, 2015 to file Bayou Shores' Appellee brief in HHS's Second Appeal. Signed by Judge James S. Moody, Jr on 4/28/2015. (JG)
April 28, 2015 Opinion or Order Filing 57 ENDORSED ORDER granting #55 Motion for Extension of Time to File; the deadline is extended until fourteen (14) days after the Court enters an order on Bayou Shores' Motion to Dismiss. Signed by Judge James S. Moody, Jr on 4/28/2015. (JG)
April 27, 2015 Filing 56 Unopposed MOTION for Extension of Time to File Appellee's Brief In The Appeal Taken by The United States of America, on Behalf of The Secretary of the United States Department of Health and Human Services, of an Order Confirming Appellee's Chapter 11 Plan filed by Appelee by Bayou Shores SNF LLC. (Payne, Tiffany)
April 27, 2015 Filing 55 Unopposed MOTION for Extension of Time to File Appellee's Brief in the Appeal Taken by The Agency for Health Care Administration of an Order Confirming Appellee's Chapter 11 Plan filed by Appellee by Bayou Shores SNF LLC. (Payne, Tiffany)
April 27, 2015 Filing 54 MOTION to Dismiss 8:14-cv-2816 (Doc. No. 41) the Appeal of the Order Confirming Appellee's Chapter 11 Plan filed by the Florida Agency for Health Care Administration and the Notice of Appeal of Case No. 8:15-cv-00128-JSM (Doc. No. 1) by Bayou Shores SNF LLC. (Attachments: #1 Exhibit A - Scheduling Order, #2 Exhibit B - Bankruptcy Docket, #3 Exhibit C - USA's Objection to, #4 Exhibit D - USA's Objection to Assumption, #5 Exhibit E - AHCA's Motion for Clarification, #6 Exhibit F - Transcript for 12/22/2014 Confirmation Hearing, #7 Exhibit G - Proposed Confirmation Order Circulated per 1/4/2015 Correspondence)(Payne, Tiffany)
April 24, 2015 Opinion or Order Filing 53 ENDORSED ORDER granting #52 Motion for Leave to File Excess Pages. Signed by Judge James S. Moody, Jr on 4/24/2015. (JG)
April 24, 2015 Filing 52 MOTION for Leave to File Excess Pages Pursuant to the Page Limination of Local Rule 3.01(a) in Connection with a Motion to Dismiss the Appeal of the Order Confirming Appellee's Chapter 11 Plan filed by the Florida Agency for Healthcare Administration by Bayou Shores SNF LLC. (Payne, Tiffany)
April 22, 2015 Filing 51 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones. (HWJ)
April 22, 2015 Filing 50 TRANSCRIPT of Hearing held on 02-03-15 before Judge James S. Moody, Jr.. Court Reporter/Transcriber Bill Jones,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 5/13/2015, Redacted Transcript Deadline set for 5/26/2015, Release of Transcript Restriction set for 7/21/2015. (HWJ)
April 1, 2015 Filing 49 APPELLANT'S BRIEF by The United States of America. (Flynn, Sean)
March 27, 2015 Opinion or Order Filing 48 ENDORSED ORDER granting #47 Motion for Extension of Time to File; deadline extended to April 1, 2015. Signed by Judge James S. Moody, Jr on 3/27/2015. (JG)
March 26, 2015 Filing 47 Unopposed MOTION for Extension of Time to File Appellant's Initial Brief by The United States of America. (Emden, Christopher)
February 25, 2015 Filing 46 BANKRUPTCY RECORD on appeal re: Notice of Appeal Case No. 15-cv-128-JSM Consolidated with 14-cv-2816-JSM received consisting of items as designated on transmittal including: filed by The State of Florida, Agency for Health Care Administration. (Attachments: #1 0001, #2 0002, #3 0003, #4 0004, #5 0005, #6 Doc 156, #7 Doc 157, #8 Doc 158, #9 Doc 165, #10 Doc 175, #11 Doc 178, #12 Doc 182, #13 Doc 185 pg 1-50, #14 Doc 185 pg 51-91, #15 Doc 186, #16 Doc 189, #17 Doc 190, #18 Doc 229, #19 Doc 237 pg 1-75, #20 Doc 237 pg 76-183, #21 Doc 242, #22 Doc 246, #23 Doc 249, #24 Doc 25, #25 Doc 250 pg 1-10, #26 Doc 250 pg 11-16, #27 Doc 252, #28 Doc 255, #29 Doc 263, #30 Doc 266, #31 Doc 267, #32 Doc 273, #33 Doc 276, #34 Doc 277, #35 Doc 278, #36 Doc 279, #37 Doc 281, #38 Doc 282, #39 Doc 288, #40 Doc 295, #41 Doc 303, #42 Doc 329, #43 Doc 334, #44 Doc 339, #45 Doc 341, #46 Doc 345, #47 Doc 349, #48 Doc 35, #49 Doc 42, #50 Doc 42-exhibit a, #51 Doc 42-exhibit b, #52 Doc 42-exhibit c, #53 Doc 42-exhibit d, #54 Doc 42-exhibit e, #55 Doc 80)(TM)
February 25, 2015 Filing 45 BANKRUPTCY RECORD on appeal re: Notice of Appeal Case No. 15-cv-103-JSM, Consolidated with 14-cv-2816-JSM received consisting of items as designated on transmittal including: filed by The United States of America, on behalf of Secretary of the U.S. Department of Health and Human Services. (Attachments: #1 0001, #2 0002, #3 0003, #4 0004, #5 0005, #6 Doc 143, #7 Doc 158, #8 Doc 165, #9 Doc 175, #10 Doc 178, #11 Doc 182, #12 Doc 185 pg 1-50, #13 Doc 185 pg 51-91, #14 Doc 186, #15 Doc 189, #16 Doc 190, #17 Doc 229, #18 Doc 237 pg 1-75, #19 Doc 237 pg 76-183, #20 Doc 242, #21 Doc 246, #22 Doc 249, #23 Doc 25, #24 Doc 250 pg 1-10, #25 Doc 250 pg 11-16, #26 Doc 252, #27 Doc 255, #28 Doc 263, #29 Doc 266, #30 Doc 267, #31 Doc 273, #32 Doc 276, #33 Doc 277, #34 Doc 278, #35 Doc 279, #36 Doc 282, #37 Doc 288, #38 Doc 295, #39 Doc 303, #40 Doc 329, #41 Doc 334, #42 Doc 339, #43 Doc 341, #44 Doc 345, #45 Doc 349, #46 Doc 35, #47 Doc 42, #48 Doc 42-exhibit a, #49 Doc 42-exhibit b, #50 Doc 42-exhibit c, #51 Doc 42-exhibit d, #52 Doc 42-exhibit e, #53 Doc 80, #54 Doc 88)(TM)
February 17, 2015 Opinion or Order Filing 44 ENDORSED ORDER granting #43 Expedited and Agreed Motion to Establish Briefing Schedule in Consolidated Appeals. Signed by Judge James S. Moody, Jr on 2/17/2015. (LN)
February 13, 2015 Filing 43 MOTION for miscellaneous relief, specifically Expedited and Agreed Motion to Establish Briefing Schedule in Consolidated Appeals by Bayou Shores SNF LLC. (Payne, Tiffany)
February 10, 2015 Filing 42 NOTICE of pendency of related cases per Local Rule 1.04(d) by Bayou Shores SNF LLC. Related case(s): Yes (Payne, Tiffany)
February 9, 2015 Filing 41 APPELLANT'S BRIEF by Agency for Health Care Administration. (Sheeran, Andrew)
February 9, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Timothy M. Lupinacci, appearing on behalf of Synovus Bank (Filing fee $150 receipt number TPA028240.) Related document: #23 MOTION for Timothy M. Lupinacci to appear pro hac vice. (AG)
February 6, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Matthew M. Cahill, appearing on behalf of Synovus Bank (Filing fee $150 receipt number TPA028240.) Related document: #32 MOTION for Matthew M. Cahill to appear pro hac vice. (AG)
February 6, 2015 Filing 40 NOTICE by Bayou Shores SNF LLC re #35 Notice to counsel of Local Rule Notice and Directions to Clerk to Remove Counsel of Record (Alan C. Horowitz and Alan E. Schabes) (Payne, Tiffany)
February 5, 2015 Opinion or Order Filing 39 ORDER: Case numbers 8:14-cv-2816-T-30 and 8:15-cv-128-T-30 are hereby consolidated. The Clerk is directed to administratively CLOSE case number 8:15-cv-128-T-30. All further filings with respect to case number 8:15-cv-128-T-30 shall be filed in case number 8:14-cv-2816-T-30. Signed by Judge James S. Moody, Jr on 2/5/2015. (LN)
February 5, 2015 Opinion or Order Filing 38 ENDORSED ORDER granting #34 Motion for clarification. The Second AHCA Appeal will be consolidated with this case. Signed by Judge James S. Moody, Jr on 2/5/2015. (LN)
February 5, 2015 Filing 37 NOTICE to counsel: Timothy M. Lupinacci of Local Rule 2.02 (signed by deputy clerk). (BSN)
February 5, 2015 Filing 36 NOTICE to counsel: Matthew M. Cahill of Local Rule 2.02 (signed by deputy clerk). (BSN)
February 5, 2015 Filing 35 NOTICE to counsel: Alan E. Schabes of Local Rule 2.02 (signed by deputy clerk). (BSN)
February 4, 2015 Filing 34 MOTION for clarification re #31 Order on motion to dismiss/lack of jurisdiction by Agency for Health Care Administration. (Sheeran, Andrew)
February 4, 2015 Opinion or Order Filing 33 ENDORSED ORDER granting #32 motion to appear pro hac vice as to Matthew M. Cahill. Signed by Judge James S. Moody, Jr on 2/4/2015. (LN)
February 4, 2015 Filing 32 MOTION for Matthew M. Cahill to appear pro hac vice by Synovus Bank. (Bancroft, Zachary)
February 3, 2015 Opinion or Order Filing 31 ORDER: Case numbers 8:14-cv-2816-T-30 and 8:15-cv-103-T-30 are hereby consolidated. The United States' Emergency Motion for Stay Pending Appeal (Dkt. 4 in case number 8:15-cv-103-T-30) is denied. As the Bankruptcy Court previously found, the United States has not met the high burden to establish that a stay is appropriate under the unique facts of this case. Equitable mootness is not an issue in this case; creditors are aware of the issues involved in this appeal. At bottom, this case is about jurisdiction of the Bankruptcy Court. Appellee, Bayou Shores, SNF, LLC's Motion to Dismiss Consolidated Appeals as Moot (Dkt. 20 in case number 8:14-cv-2816-T-30) is denied. As discussed on the record, the Court's consolidation of the appeals renders the motion to dismiss moot. The Clerk is directed to administratively CLOSE case number 8:15-cv-103-T-30. All further filings with respect to case number 8:15-cv-103-T-30 shall be filed in case number 8:14-cv-2816-T-30. Signed by Judge James S. Moody, Jr on 2/3/2015. (LN)
February 3, 2015 Filing 30 Minute Entry. Proceedings held before Judge James S. Moody, Jr: MOTION HEARING held on 2/3/2015. Court Reporter: Bill Jones (LYB)
February 3, 2015 Filing 29 RESPONSE in Opposition re #22 NOTICE for Joinder to Dismiss Consolidated Appeals as Moot, #20 MOTION to dismiss for lack of jurisdiction Motion to Dismiss Consolidated Appeals as Moot and re #21JOINDER IN MOTION filed by The United States of America. (Attachments: #1 Exhibits A through E Response in Opposition)(Flynn, Sean) (added links and edited text) Modified on 2/3/2015 (BSN).
February 3, 2015 Filing 28 NOTICE of Appearance by Margaret Diane Mathews on behalf of Fernando Gutierrez (Mathews, Margaret)
February 3, 2015 Filing 27 NOTICE OF ADOPTION of USA's response in Opposition re #20 MOTION to dismiss for lack of jurisdiction Motion to Dismiss Consolidated Appeals as Moot filed by Agency for Health Care Administration. (Street, Leslei) Modified on 2/3/2015 (BSN).
February 3, 2015 Filing 26 NOTICE to counsel Timothy M. Lupinacci of Local Rule 2.02 (signed by deputy clerk). (BSN)
February 2, 2015 Filing 25 RESPONSE in Opposition re #22 NOTICE for Joinder to Dismiss Consolidated Appeals as Moot, re #21 Notice of Joinder, #20 MOTION to dismiss for lack of jurisdiction Motion to Dismiss Consolidated Appeals as Moot filed by The United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Flynn, Sean) Modified on 2/3/2015 (BSN).
February 2, 2015 Opinion or Order Filing 24 ENDORSED ORDER granting #23 motion to appear pro hac vice as to Timothy M. Lupinacci. Signed by Judge James S. Moody, Jr on 2/2/2015. (LN)
February 2, 2015 Filing 23 MOTION for Timothy M. Lupinacci to appear pro hac vice by Synovus Bank. (Bancroft, Zachary)
January 30, 2015 Filing 22 NOTICE for Joinder to Dismiss Consolidated Appeals as Moot by Fernando Gutierrez. (Davis, Kirk) (not a motion). Modified on 2/2/2015 (BSN).
January 30, 2015 Filing 21 JOINDER in motion by Synovus Bank re #20 MOTION to dismiss for lack of jurisdiction Motion to Dismiss Consolidated Appeals as Moot filed by Bayou Shores SNF LLC . (Bancroft, Zachary)
January 29, 2015 Filing 20 MOTION to dismiss for lack of jurisdiction Motion to Dismiss Consolidated Appeals as Moot by Bayou Shores SNF LLC. (Payne, Tiffany)
January 29, 2015 Filing 19 NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM ONLY): The Oral Argument scheduled for TUESDAY, FEBRUARY 3, 2015 at 1:30 PM will be held in the Judge's CONFERENCE ROOM located on the 17th Floor before Judge James S. Moody Jr. Time reserved: 90 minutes.(AR)
January 8, 2015 Filing 18 NOTICE OF RESCHEDULING HEARING: The Oral Argument hearing previously scheduled for 1/13/2015 is rescheduled. New scheduling date and time: TUESDAY, 2/3/2015 at 1:30 PM in Tampa Courtroom 17 before Judge James S. Moody Jr. Time reserved: 90 minutes. (LN)
January 8, 2015 Opinion or Order Filing 17 ORDER: The State of Florida, Agency for Health Care Administration Motions to Consolidate Cases #14 #15 are GRANTED. Case numbers 8:14-cv-2816-T-30 and 8:14-cv-2617-T-30 are hereby consolidated. The Clerk is directed to administratively CLOSE case number 8:14-cv-2617-T-30. Signed by Judge James S. Moody, Jr on 1/8/2015. (LN)
January 7, 2015 Filing 16 NOTICE of Appearance by Leslei G. Street on behalf of Agency for Health Care Administration (Street, Leslei)
January 6, 2015 Filing 15 MOTION to Consolidate Cases Motion to Consolidate Appeals by Agency for Health Care Administration. (Sheeran, Andrew)
January 6, 2015 Filing 14 MOTION to Consolidate Cases Motion to Consolidate Appeals by Agency for Health Care Administration. (Street, Leslei)
December 23, 2014 Filing 13 APPELLANT'S REPLY BRIEF by Agency for Health Care Administration. (Sheeran, Andrew)
December 22, 2014 Filing 12 NOTICE OF ORAL ARGUMENT: Hearing set for TUESDAY, 1/13/2015 at 1:30 PM in Tampa Courtroom 17 before Judge James S. Moody Jr. Time reserved: 90 minutes. (LN)
December 12, 2014 Filing 11 APPELLEE'S BRIEF by Bayou Shores SNF LLC. (Payne, Tiffany)
December 9, 2014 Filing 10 BANKRUPTCY RECORD on appeal received consisting of items as designated on Supplemental Transmittal including Exhibits submitted on August 26, 2014: filed by Agency for Health Care Administration. (Attachments: #1 Exhibits 1-13, #2 Exhibits 1-13 Conti, #3 Exhibit A, #4 Exhibit A Conti, #5 Exhibit B, #6 Exhibit C, #7 Exhibit C Conti)(TM)
December 8, 2014 Opinion or Order Filing 9 ENDORSED ORDER granting #8 Motion to extend time to file Initial Brief. Extension granted through 12-12-14. Signed by Judge James S. Moody, Jr on 12/8/2014. (LN)
December 5, 2014 Filing 8 Emergency MOTION for miscellaneous relief, specifically Expedited Motion for Extension of Time to File Brief of Appellee-Debtor, Bayou Shores, SNF, LLC by Bayou Shores SNF LLC. (Attachments: #1 Exhibit A Appellee-Debtor Exhibit List, #2 Exhibit B Bankruptcy Court Docket Referencing Appellee-Debtor's Exhibit List)(Green, Elizabeth)
December 4, 2014 Filing 7 NOTICE of exhibits filed in paper format by Bayou Shores SNF LLC re #1 Bankruptcy appeal (transferred from Bankruptcy Court). (DMS)
December 4, 2014 Filing 6 NOTICE of exhibits too voluminous to docket received from Bankruptcy Court to District Court by Agency for Health Care Administration re #4Appellant's Brief received in clerk's office. (BSN) Modified on 12/4/2014 (BSN).
November 24, 2014 Filing 5 NOTICE of pendency of related cases and Brief Response to Appellant's Notice of Pendency of Related Action per Local Rule 1.04(d) by Bayou Shores SNF LLC. Related case(s): Yes (Layden, Andrew)
November 21, 2014 Filing 4 APPELLANT'S BRIEF by Agency for Health Care Administration. (Sheeran, Andrew)
November 17, 2014 Filing 3 NOTICE of pendency of related cases per Local Rule 1.04(d) by Agency for Health Care Administration. Related case(s): yes (Sheeran, Andrew)
November 14, 2014 Filing 2 NOTICE of docketing bankruptcy record on appeal advising counsel to comply with Rule 8009. Notice of appeal filed in U.S. District Court on 11/13/14. File received electronically. (BSN)
November 13, 2014 Filing 1 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: filed by Agency for Health Care Administration. (Attachments: #1 001, #2 002, #3 003, #4 004, #5 005, #6 Doc 1, #7 Doc 105, #8 Doc 107, #9 Doc 112, #10 Doc 121, #11 Doc 139, #12 Doc 2, #13 Doc 20, #14 Doc 25, #15 Doc 35, #16 Doc 42 exhibit a, #17 Doc 42 exhibit b, #18 Doc 42 exhibit c, #19 Doc 42 exhibit d, #20 Doc 42 exhibit e, #21 Doc 42 main doc, #22 Doc 48 exhibit list 1-13, #23 Doc 49 exhibit list a, b and c, #24 Doc 50 exhibit d, #25 Doc 51 exhibit e, #26 Doc 52 exhibit f, #27 Doc 6, #28 Doc 73, #29 Doc 74, #30 Doc 75, #31 Doc 80 transcript, #32 Doc 83, #33 Doc 93, #34 Doc 97)(TM)

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Search for this case: Agency for Health Care Administration v. Bayou Shores SNF LLC
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Interested party: Synovus Bank
Represented By: Matthew M. Cahill
Represented By: Timothy M. Lupinacci
Represented By: Zachary James Bancroft
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Interested party: Pinellas County Attorneys office
Represented By: William Carroll Falkner, I
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Interested party: United States Trustee - TPA
Represented By: Denise E. Barnett
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Interested party: Pinellas County Tax Collector (NF)
Represented By: William Carroll Falkner, I
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Interested party: Fernando Gutierrez
Represented By: Kirk Stuart Davis
Represented By: Margaret Diane Mathews
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Appellee: Bayou Shores SNF LLC
Represented By: Frank Paul Terzo
Represented By: Alan C. Horowitz
Represented By: Tiffany Payne Geyer
Represented By: Andrew V. Layden
Represented By: Alan E. Schabes
Represented By: Elizabeth A. Green
Represented By: Jimmy D. Parrish
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Appellant: United States of America
Represented By: Sean Flynn
Represented By: Christopher John Emden
Represented By: Colleen Murphy-Davis
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Appellant: Agency for Health Care Administration
Represented By: Leslei G. Street
Represented By: Andrew T. Sheeran
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