PRN PHARMACEUTICAL SERVICES, LP v. KENTUCKIANA HEALTHCARE, LLC, LIQUIDATING DEBTOR et al
| PRN PHARMACEUTICAL SERVICES, LP |
| BROWNSBURG HEALTH CARE CENTER, LLC, PARAMOUNT HEALTHCARE MANAGEMENT, LLC and PARAMOUNT OF INDIANAPOLIS, LLC |
| KENTUCKIANA HEALTHCARE, LLC, LIQUIDATING DEBTOR |
| OMNICARE, INC. |
| PRN PHARMACEUTICAL SERVICES, LP |
| 1:2015cv02030 |
| December 22, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Bankruptcy Withdrawal |
| 11 U.S.C. ยง 101 Bankruptcy |
| Plaintiff |
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Filing
43
ORDER. The Court concludes that Kentuckiana has not met its burden as the removing party to establish federal jurisdiction. Thus, the Court GRANTS the PRN Parties' Motion To Remand. [Filing No. 14.] This action is hereby REMANDED to Marion Superior Court pursuant to 28 U.S.C. § 1452(b) and 28 U.S.C. § 1447 (d). The Court DENIES the PRN Parties' Motion to Strike, [Filing No. 37], and Kentuckiana's Motion for Extension of Time to File a Response to the Motion to Strike and to File a Motion for Leave to File a Sur-reply Brief, [Filing No. 40]. The Court DENIES AS MOOT Kentuckiana's Motion To Sever, [Filing No. 24], Motion for a Finding that the Dispute with the PRN Parties is a Core Proceeding and to Strike Their Jury Demand, [Filing No. 26], and Motion to Change Venue, [Filing No. 29]. Final judgment shall issue accordingly. (See order.) Signed by Judge Jane Magnus-Stinson on 4/15/2016. (BGT)
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Filing
21
ORDER granting in part and denying in part 2 Motion - The Court requires that the entire state-court record accompany a removal and be filed in this Court. However, pursuant to S.D. Ind. L.R. 5-2(a)(6), the Court will exemptthe remainder of the st ate-court record from the requirement of electronic filing. Filings that already have not been filed electronically in this Court as attachments to the Notice of Removal shall be filed directly with the Clerk of the Court, in the form that they curre ntly exist in the record of the Marion County Superior Court. Kentuckiana shall communicate this Order to the Clerk of the Marion County Superior Court and shall notify the Clerk of this Court when the Marion County Clerk will have the state-court re cord ready to be transferred to this Court. The Clerk of this Court will retrieve the state-court record from the Marion County Clerk and file it in this Court. Kentuckiana's motion is GRANTED in part as set forth herein.. Signed by Magistrate Judge Denise K. LaRue on 2/12/2016. (REO)
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