Kinyon et al v. KVC Behavioral Healthcare Inc. et al
| CINDY KINYON and K.K. KINYON |
| KVC Behavioral Healthcare Inc., SAMANTHA FRERER, WILLIAM DILLON, KVC Behavioral Healthcare, Inc. and William M. Dillon |
| 5:2021cv04078 |
| November 11, 2021 |
| US District Court for the District of Kansas |
| Toby Crouse |
| Kenneth G Gale |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 RECEIPT from Shawnee County District Court of remand letter and documents (msb) |
| Filing 11 Letter of Remand to Shawnee County District Court (msb) |
Filing 10
ORDER of Remand: Court approves the stipulation and there-fore directs the Clerk of Court to remand the case to the District Court of Shawnee County, Kansas. Signed by District Judge Toby Crouse on 12/21/21. Mailed to pro se party Samantha Frerer by regular mail (msb)
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| Filing 9 STIPULATION for Remand by KVC Behavioral Healthcare, Inc.. (Johannsen, Derek) |
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Filing 8
MEMORANDUM AND ORDER granting in part and denying in part #7 Joint Motion for Extension of Time. The Court GRANTS, for good cause shown, the parties request to extend the Answer deadline by thirty (30) days to and including 12/19/21. The request to extend the deadline to file a motion to remand, however, is DENIED. Pursuant to 28 U.S.C.A. Sec. 1447(c), "[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a)." That section continues that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." If the parties intend to stipulate that Plaintiff has withdrawn the federal causes of action (and/or if the parties stipulate that Plaintiff's federal claims be dismissed without prejudice), there is no need to extend the deadline to file a motion to remand. Signed by Magistrate Judge Kenneth G. Gale on 11/18/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| Filing 7 Joint MOTION for extension of time by Defendant KVC Behavioral Healthcare, Inc. (referred to Magistrate Judge Kenneth G. Gale) (Johannsen, Derek) |
| Filing 6 EXHIBIT(S) IN SUPPORT of #1 Notice of Removal, by Defendant KVC Behavioral Healthcare, Inc. . (Attachments: #1 Ex 1)(Uzelac, Danielle) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Kenneth G. Gale for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (msb) |
| SUMMONS and AMENDED PETITION ISSUED on 10/19/21 as to William Dillon per state court records DE 1-1. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (msb) |
| Filing 5 ENTRY OF APPEARANCE by Derek G. Johannsen on behalf of KVC Behavioral Healthcare Inc.. (Johannsen, Derek) |
| Filing 4 DESIGNATION OF PLACE OF TRIAL filed by Defendant KVC Behavioral Healthcare Inc. - trial to be held in Topeka. (Uzelac, Danielle) |
| Filing 3 ENTRY OF APPEARANCE by Danielle Marie Uzelac on behalf of KVC Behavioral Healthcare Inc.. (Uzelac, Danielle) |
| Filing 2 CIVIL COVER SHEET by Defendant KVC Behavioral Healthcare Inc.. (Uzelac, Danielle) |
| Filing 1 NOTICE OF REMOVAL from DISTRICT COURT OF SHAWNEE COUNTY KANSAS, case number 2021-CV-000404 Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5634202.), filed by KVC Behavioral Healthcare Inc.. (Attachments: #1 Ex A, #2 Ex B)(Uzelac, Danielle) |
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