White v. Diversicare of Hutchinson, LLC et al
| Cindy White |
| Diversicare Healthcare Services LLC, Diversicare Management Services LP and Diversicare of Hutchinson, LLC |
| 2:2024cv02373 |
| August 20, 2024 |
| U.S. District Court for the District of Kansas |
| Rachel E Schwartz |
| Kathryn H Vratil |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Plaintiff |
Docket Report
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| Filing 18 ANSWER to #16 First Amended Complaint by Diversicare Healthcare Services LLC, Diversicare Management Services LP, Diversicare of Hutchinson, LLC. (Netherton, Stephen) |
Filing 17
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for November 5, 2024, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 10/15/2024. Rule 26 Initial Disclosures Deadline set for 10/25/2024. Proposed Scheduling Order Deadline 10/25/2024. Signed by Magistrate Judge Rachel E. Schwartz on September 27, 2024. (drk)
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| Filing 16 FIRST AMENDED COMPLAINT against Diversicare Healthcare Services LLC, Diversicare Management Services LP, Diversicare of Hutchinson, LLC, filed by Plaintiff Cindy White. (**This is a duplicate to DE #15 and is being made for administrative purposes only). (jal) |
| Filing 15 **DISREGARD - See DE #16 for correction** AMENDED COMPLAINT against All Plaintiffs, filed by Cindy White.(Steele, Jonathan) Modified on 9/26/2024 to update for incorrect parties selected during filing. (jal) |
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Filing 14
ORDER granting #12 Plaintiff's Motion for Leave to Amend Complaint. In accordance with the Court's prior Order, ECF No. 13, Defendants emailed the Magistrate Judge's chambers on September 24, 2024, and stated there was no opposition to Plaintiff's Motion. Pursuant to Fed. R. Civ. P. 15, the Motion to Amend is granted. Plaintiff shall file a copy of the amended complaint as a separate document on the docket by September 30, 2024. Moreover, the Magistrate Judge previously ordered Plaintiff to show cause why the case should not be dismissed for lack of subject matter jurisdiction because the complaint did not adequately allege the citizenship of the parties. ECF No. 4. Plaintiff's proposed amended complaint addresses the concerns raised in the Show-Cause Order. As long the amended complaint is timely filed as required by this Order, the Court will not recommend the District Judge dismiss the case. Signed by Magistrate Judge Rachel E. Schwartz on 09/25/2024. This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jeo)
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Filing 13
ORDER Expediting Briefing Regarding #12 Motion for Leave to Amend Complaint. The Motion does not represent whether it is unopposed. If Defendants do not oppose the Motion, they shall notify the the Magistrate Judge's chambers via email (ksd_schwartz_chambers@ksd.uscourts.gov) on or before September 25, 2024. If Defendants oppose the Motion, their response brief is due on or before September 27, 2024, and is limited to three, double-spaced pages. The reply brief is due on or before October 2, 2024, and is limited to two, double-spaced pages. Signed by Magistrate Judge Rachel E. Schwartz on 09/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jeo)
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| Filing 12 MOTION for Leave to Amend Complaint and Response to Show Cause Order by Plaintiff Cindy White. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Exhibit 1, Draft Amended Compl)(Steele, Jonathan) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Cindy White identifying None as corporate parent. (Steele, Jonathan) |
| Filing 10 DESIGNATION OF PLACE OF TRIAL filed by Defendants Diversicare Healthcare Services LLC, Diversicare Management Services LP, Diversicare of Hutchinson, LLC - trial to be held in Wichita. (Netherton, Stephen) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Diversicare Healthcare Services LLC, Diversicare Management Services LP, Diversicare of Hutchinson, LLC identifying None as corporate parent. (Netherton, Stephen) |
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Filing 8
ORDER Requiring Rule 7.1 Disclosures. Fed. R. Civ. P. 7.1(a)(2) now requires all parties in diversity cases to file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor as of "when the action is filed in or removed to federal court...." Accordingly, the Court directs Defendants to file Rule 7.1 disclosures on or before September 18, 2024. The Court reminds the parties that while a corporation's citizenship is determined by its state of incorporation and where its principal place of business is located, a limited liability company is a citizen of each state in which each member is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co. , 781 F.3d 1233, 1234 (10th Cir. 2015). Signed by Magistrate Judge Rachel E. Schwartz on 09/13/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jeo)
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| Filing 7 CLERKS ORDER EXTENDING TIME until 10/3/2024 for Defendants Diversicare Healthcare Services LLC, Diversicare Management Services LP to answer or otherwise plead. Signed by deputy clerk on 9/6/2024. (jsh) |
| Filing 6 CLERKS ORDER EXTENDING TIME until 10/2/2024 for Defendant Diversicare of Hutchinson, LLC to answer or otherwise plead. Signed by deputy clerk on 9/6/2024. (jsh) |
| Filing 5 ENTRY OF APPEARANCE by Stephen H. Netherton on behalf of All Defendants. (Netherton, Stephen) |
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Filing 4
NOTICE AND ORDER TO SHOW CAUSE: Show Cause Response due by 9/20/2024. Because the Complaint does not allege facts that, if true, would establish complete diversity of citizenship, the Court orders Plaintiff to show cause in writing to the Magistrate Judge by September 20, 2024, why the Court should not recommend that the District Judge dismiss this case without prejudice for lack of subject matter jurisdiction. Any response to this show-cause order must provide sufficient factual allegations to establish complete diversity of citizenship. Signed by Magistrate Judge Rachel E. Schwartz on August 28, 2024. (mls)
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| SUMMONS ISSUED as to Diversicare Healthcare Services, LLC, Diversicare Management Services, LP, Diversicare of Hutchinson, LLC (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Cindy White - trial to be held in Kansas City. (Steele, Jonathan) |
| Filing 2 CIVIL COVER SHEET by Plaintiff Cindy White. (Steele, Jonathan) |
| Filing 1 COMPLAINT with trial location of Kansas City (Filing fee $405, Internet Payment Receipt Number AKSDC-6446920.), filed by Cindy White. (Steele, Jonathan) |
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