J.B.R. v. Carlson
| J.B.R. |
| Russel Carlson |
| 1:2023cv04505 |
| October 3, 2023 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 12
ORDER GRANTING a 14 day extension of #8 Temporary Restraining Order. In doing so, the Court temporarily prohibits Defendant from denying eighty-four hours per week of skilled nursing services to J.B.R. This temporary restraining order expires within fourteen days unless extended for good cause. Signed by Judge William M. Ray, II on 10/25/23. (jpa)
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| Filing 11 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 10/24/2023 re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by J.B.R.. Court heard argument and will issue order by end of day on 10/25/23. (dob) |
| Filing 10 REPLY BRIEF re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by J.B.R.. (Norris, Joshua) |
| Filing 9 RESPONSE re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Russel Carlson. (Attachments: #1 Exhibit A- Final Administrative Decision, #2 Exhibit B- Initial Administrative Decision, #3 Exhibit C- Amended Letter)(LeGrande, Michelle) |
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ORDER - The Court reschedules the hearing from Monday, October 23, 2023 to NOW OCCUR at 9:30 a.m. on Tuesday, October 24, 2023. Further, the focus of the hearing will not be on the substantive challenge to the Defendant's decision to reduce and/or alter the amount of care provided to the Plaintiff, but rather, on the procedural compliance or lack thereof in communicating its decision to the Plaintiff. Should the Court find at this hearing, consistent with its ruling on the Motion for Temporary Restraining Order, that the Defendant's notice to the Plaintiff was deficient and not in compliance with Federal Law, the decision at the hearing will be on whether to issue a preliminary or permanent injunction. The parties should also be prepared to address whether this case could be a vehicle for any challenge by the Plaintiff to a subsequent notice by the Defendant to reduce or alter the benefits the Plaintiff receives, or whether any such challenge to a new notice would have to be filed as a new case. Signed by Judge William M. Ray, II on 10/16/23. (sll)
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Filing 8
ORDER granting #2 Motion for TRO and orders Defendant to temporarily provide eighty-four hours of skilled nursing services to J.B.R. per week. This temporary restraining order expires within fourteen days unless extended for good cause. Signed by Judge William M. Ray, II on 10/11/2023. (dob)
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| Filing 7 NOTICE of Appearance by Joycelyn Renee Curry on behalf of Russel Carlson (Curry, Joycelyn) |
| Filing 6 NOTICE of Appearance by Michelle LeGrande on behalf of Russel Carlson (LeGrande, Michelle) |
| Filing 5 WAIVER OF SERVICE Returned Executed by J.B.R.. Russel Carlson waiver mailed on 10/5/2023, answer due 12/4/2023. (Norris, Joshua) |
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Filing 4
ORDER Setting Hearing on #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and MOTION for Preliminary Injunction for 10/23/2023 and 10/24/2023 at 09:30 AM in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on 10/6/23. (jpa)
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| NOTICE of TELECONFERENCE Hearing on Motion for temporary restraining order and injunction: Hearing set for 10/6/2023 at 09:30 AM before Judge William M. Ray II.CALL IN INSTRUCTIONS for 9:30 a.m., Friday, October 6, 2023FOR PARTICIPANTS:1. Dial 1-888-684-88522. Enter access code 1977008# 3. Enter #4. Enter security code 1705 (sll) |
| Filing 3 Electronic Summons Issued as to Russel Carlson. (jpa) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, and MOTION for Preliminary Injunction with Brief In Support by J.B.R. (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(jpa) |
| Filing 1 COMPLAINT filed by J.B.R. (Filing fee $402, receipt number AGANDC-12926689) (Attachments: #1 Civil Cover Sheet)(jpa) 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. |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and MOTION for Preliminary Injunction, to District Judge William M. Ray II. (jpa) |
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| Plaintiff: J.B.R. | |
| Represented By: | Alla Raykin |
| Represented By: | Anna Carr Halsey |
| Represented By: | John Howard Fleming |
| Represented By: | Joshua H. Norris |
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| Defendant: Russel Carlson | |
| Represented By: | Joycelyn R. Curry |
| Represented By: | Michelle LeGrande |
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