Unger v. Granite Nursing and Rehabilitation Center, LLC et al
Plaintiff: DONALD WAYNE UNGER
Defendant: D & N, LLC, Norbert A. Bennett, Granite Nursing and Rehabilitation Center, LLC d/b/a Granite Nursing & Rehabilitation, DONALD T DENZ, DTD HC, LLC and Donald T. Denz
Case Number: 3:2020cv00805
Filed: August 20, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Mark A Beatty
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Filing 32 REPLY to Response to Motion re #29 MOTION for Leave to File First Amended Complaint filed by Donald Wayne Unger. (Burge, Brian)
October 8, 2020 Filing 31 RESPONSE to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Donald Wayne Unger. (Attachments: #1 Exhibit Exhibit A - Medicare.gov NH Info, #2 Exhibit Exhibit B - IDPH NH Info, #3 Exhibit Exhibit C - Excerpt)(Burge, Brian)
October 1, 2020 Filing 30 RESPONSE in Opposition re #29 MOTION for Leave to File First Amended Complaint filed by Granite Nursing and Rehabilitation Center, LLC. (McCrary, Jonathan)
September 29, 2020 Filing 29 MOTION for Leave to File First Amended Complaint by Donald Wayne Unger. (Jensen, Craig)
September 17, 2020 Filing 28 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 20-cv-805-MAB. Any District Judge previously assigned will no longer be assigned to this case. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 16, 2020 Filing 27 NOTICE of Appearance by Brian Wilson Burge on behalf of Donald Wayne Unger (Burge, Brian)
September 16, 2020 Filing 26 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Jensen, Craig) Modified on 9/17/2020 (tba).
September 15, 2020 Filing 25 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McCrary, Jonathan)
September 15, 2020 Filing 24 NOTICE OF MODIFICATION re #20 , #21 , #22 , #23 Notices filed by Jonathan McCrary. Incorrect events selected. The correct event for this document is found at Other Filings>Other Documents>Consent/Non-Consent to US Magistrate Judge. Docket text and security restriction modified by Clerk's Office. No further action is required by the filer in relation to this notification. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 14, 2020 Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McCrary, Jonathan) Modified on 9/15/2020 (rah).
September 14, 2020 Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McCrary, Jonathan) Modified on 9/15/2020 (rah)
September 14, 2020 Filing 21 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McCrary, Jonathan) Modified on 9/15/2020 (rah).
September 14, 2020 Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McCrary, Jonathan) Modified on 9/15/2020 (rah).
September 14, 2020 Filing 19 NOTICE: Norbert A. Bennett, D & N, LLC, DTD HC, LLC, Donald T. Denz and Norbert A. Bennett was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Norbert A. Bennett, D & N, LLC, DTD HC, LLC, Donald T. Denz shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 9/21/2020 (cds)
September 11, 2020 Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Jensen, Craig)
September 9, 2020 Filing 17 NOTICE OF MODIFICATION re #15 Notice filed by Jonathan McCrary. Incorrect event selected. The correct event for this document is found at Other Filings>Other Documents>Consent/Non-Consent to US Magistrate Judge. Docket text and security restriction modified by Clerk's Office. No further action is required by the filer in relation to this notification. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 9, 2020 Opinion or Order Filing 16 ORDER GRANTING #12 Motion for Leave to File Excess Pages. If Plaintiff requires excess pages for his response to Defendants' motion to dismiss (Doc. #13 ), he should file a motion at the time he files his response brief. Signed by Magistrate Judge Mark A. Beatty on 9/9/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 8, 2020 Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McCrary, Jonathan) Modified on 9/9/2020 (rah).
September 8, 2020 Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Norbert A. Bennett, D & N, LLC, DTD HC, LLC, Donald T. Denz. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Removal, #3 Exhibit C - Affidavit of Michelle Plumb, #4 Exhibit D - Affidavit of Donald Denz, #5 Exhibit E - Affidavit of Norbert Bennett)(McCrary, Jonathan)
September 8, 2020 Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Norbert A. Bennett, D & N, LLC, DTD HC, LLC, Donald T. Denz. Responses due by 10/13/2020 (McCrary, Jonathan)
September 8, 2020 Filing 12 MOTION for Leave to File Excess Pages by Norbert A. Bennett, D & N, LLC, DTD HC, LLC, Donald T. Denz. (McCrary, Jonathan)
September 8, 2020 Filing 11 NOTICE of Appearance by Jonathan Walker McCrary on behalf of Norbert A. Bennett, D & N, LLC, DTD HC, LLC, Donald T. Denz (McCrary, Jonathan)
September 8, 2020 Filing 10 NOTICE of Appearance by Stephen M. Strum on behalf of Norbert A. Bennett, D & N, LLC, DTD HC, LLC, Donald T. Denz (Strum, Stephen)
August 25, 2020 Filing 9 DEMAND for Trial by Jury by Granite Nursing and Rehabilitation Center, LLC. (McCrary, Jonathan)
August 25, 2020 Filing 8 ANSWER to Complaint by Granite Nursing and Rehabilitation Center, LLC.(McCrary, Jonathan)
August 21, 2020 Filing 7 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Defendants. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-805-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 9/11/2020 (ack) Modified on 8/25/2020 (ack).
August 20, 2020 Filing 6 Corporate Disclosure Statement by DTD HC, LLC. (McCrary, Jonathan)
August 20, 2020 Filing 5 Corporate Disclosure Statement by D & N, LLC. (McCrary, Jonathan)
August 20, 2020 Filing 4 Corporate Disclosure Statement by Granite Nursing and Rehabilitation Center, LLC. (McCrary, Jonathan)
August 20, 2020 Filing 3 NOTICE of Appearance by Jonathan Walker McCrary on behalf of All Defendants (McCrary, Jonathan)
August 20, 2020 Filing 2 NOTICE of Appearance by Stephen M. Strum on behalf of All Defendants (Strum, Stephen)
August 20, 2020 Filing 1 NOTICE OF REMOVAL from Third Judicial Circuit, Madison County, Illinois, case number 2020-L-000973 ( Filing fee $ 400 receipt number 0754-4259266), filed by All Defendants. (Attachments: #1 State Court Complaint Exhibit A, #2 Civil Cover Sheet Exhibit B, #3 Exhibit C - Notice to State Court re Removal)(McCrary, Jonathan)

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Defendant: D & N, LLC
Represented By: Jonathan Walker McCrary
Represented By: Stephen M. Strum
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Defendant: Norbert A. Bennett
Represented By: Jonathan Walker McCrary
Represented By: Stephen M. Strum
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Defendant: Granite Nursing and Rehabilitation Center, LLC d/b/a Granite Nursing & Rehabilitation
Represented By: Jonathan Walker McCrary
Represented By: Stephen M. Strum
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Defendant: DONALD T DENZ
Represented By: Jonathan Walker McCrary
Represented By: Stephen M. Strum
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Defendant: DTD HC, LLC
Represented By: Jonathan Walker McCrary
Represented By: Stephen M. Strum
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Defendant: Donald T. Denz
Represented By: Jonathan Walker McCrary
Represented By: Stephen M. Strum
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Plaintiff: DONALD WAYNE UNGER
Represented By: Craig J. Jensen
Represented By: Brian Wilson Burge
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