Phoenix Senior Living LLC v. Anniston Assisted Living, LLC et al
Plaintiff: Phoenix Senior Living LLC
Defendant: Anniston Assisted Living, LLC, 4425 Greenbrier Dear, LLC, Wayfinder Holdings, LLC, A. Harvey Abernethy, Jr. and Alfred H. Chip Abernethy, III
Case Number: 1:2023cv02669
Filed: June 14, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: J P Boulee
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2023 Filing 19 Plaintiff's ANSWER to #10 Counterclaim by Phoenix Senior Living LLC.(Fisher, Eric) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 9, 2023 Submission of #12 MOTION to Stay Discovery, #9 MOTION to Dismiss , to District Judge J. P. Boulee. (jkl)
August 8, 2023 Filing 18 REPLY to Response to Motion re #9 MOTION to Dismiss in Support of Anniston Assisted Living, LLC's Partial Motion to Dismiss filed by Anniston Assisted Living, LLC. (Bonder, Scott)
August 8, 2023 Filing 17 REPLY to Response to Motion re #12 MOTION to Stay Discovery in Support of Motion to Stay Discovery filed by 4425 Greenbrier Dear, LLC, A. Harvey Abernethy, Jr, Alfred H. Chip Abernethy, III, Anniston Assisted Living, LLC, Wayfinder Holdings, LLC. (White, Joseph)
August 4, 2023 Filing 16 RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Phoenix Senior Living LLC. (Attachments: #1 Exhibit Ex A - Fisher Declaration)(Fisher, Eric)
July 27, 2023 Clerk's Notation re #13 Certificate of Interested Persons/Corporate Disclosure Statement: Read and approved by District Judge J. P. Boulee. (jkl)
July 26, 2023 Filing 15 RESPONSE in Opposition re #9 MOTION to Dismiss filed by Phoenix Senior Living LLC. (Fisher, Eric)
July 25, 2023 Filing 14 RESPONSE in Opposition re #12 MOTION to Stay Discovery filed by Phoenix Senior Living LLC. (Fisher, Eric)
July 21, 2023 Filing 13 Certificate of Interested Persons and Corporate Disclosure Statement by 4425 Greenbrier Dear, LLC, A. Harvey Abernethy, Jr, Alfred H. Chip Abernethy, III, Anniston Assisted Living, LLC, Wayfinder Holdings, LLC. (White, Joseph)
July 21, 2023 Filing 12 MOTION to Stay Discovery with Brief In Support by 4425 Greenbrier Dear, LLC, A. Harvey Abernethy, Jr, Alfred H. Chip Abernethy, III, Anniston Assisted Living, LLC, Wayfinder Holdings, LLC. (Attachments: #1 Text of Proposed Order)(White, Joseph)
July 21, 2023 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by 4425 Greenbrier Dear, LLC, A. Harvey Abernethy, Jr, Alfred H. Chip Abernethy, III, Wayfinder Holdings, LLC. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A - Order, Eran Fin. Servs., LLC v. Eran Indus. Ltd.)(White, Joseph)
July 21, 2023 Filing 10 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 12/18/2023.), COUNTERCLAIM against Phoenix Senior Living LLC with Jury Demand by Anniston Assisted Living, LLC. (Attachments: #1 Exhibit A - July 11, 2023 Check, #2 Exhibit B - July 12, 2023 Check, #3 Exhibit C - Second July 12, 2022 Check)(White, Joseph) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified text on 7/24/2023 (nmb).
July 21, 2023 Filing 9 MOTION to Dismiss with Brief In Support by Anniston Assisted Living, LLC. (Attachments: #1 Brief Memorandum of Law in Support of Partial Motion to Dismiss)(White, Joseph)
June 29, 2023 Clerk's Notation re #7 Certificate of Interested Persons/Corporate Disclosure Statement: Read and approved by District Judge J. P. Boulee. (jkl)
June 16, 2023 Opinion or Order Filing 8 STANDING ORDER. Signed by Judge J. P. Boulee on 6/19/2023. (jkl)
June 15, 2023 Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement by Phoenix Senior Living LLC. (Fisher, Eric)
June 15, 2023 Filing 6 Electronic Summons Issued as to Alfred H. Chip Abernethy, III. (dnb)
June 15, 2023 Filing 5 Electronic Summons Issued as to A. Harvey Abernethy, Jr. (dnb)
June 15, 2023 Filing 4 Electronic Summons Issued as to Wayfinder Holdings, LLC. (dnb)
June 15, 2023 Filing 3 Electronic Summons Issued as to 4425 Greenbrier Dear, LLC. (dnb)
June 15, 2023 Filing 2 Electronic Summons Issued as to Anniston Assisted Living, LLC. (dnb)
June 14, 2023 Filing 1 COMPLAINT filed by Phoenix Senior Living LLC. (Filing fee $402, receipt number AGANDC-12674204) (Attachments: #1 Exhibit A (Management Services Agreement), #2 Civil Cover Sheet)(dnb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Phoenix Senior Living LLC
Represented By: Eric S. Fisher
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Defendant: Anniston Assisted Living, LLC
Represented By: Scott Lester Bonder
Represented By: Joseph Alan White
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Defendant: 4425 Greenbrier Dear, LLC
Represented By: Scott Lester Bonder
Represented By: Joseph Alan White
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Defendant: Wayfinder Holdings, LLC
Represented By: Scott Lester Bonder
Represented By: Joseph Alan White
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Defendant: A. Harvey Abernethy, Jr.
Represented By: Scott Lester Bonder
Represented By: Joseph Alan White
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Defendant: Alfred H. Chip Abernethy, III
Represented By: Scott Lester Bonder
Represented By: Joseph Alan White
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