Madden v. Berea Healthcare, LLC et al
Plaintiff: Janet Madden
Defendant: Berea Healthcare, LLC, Berea Health and Rehabilitation, LLC, BAD Realty, LLC, Sentosacare, LLC, Valley Stream Operator I, LLC doing business as Bluegrass Health Partners, Philipson Family Limited Liability Company, Benjamin Landa, Bent Philipson and Pamela Brooks
Case Number: 5:2023cv00223
Filed: July 21, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Danny C Reeves
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2023 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #25 REPLY BRIEF, #21 RESPONSE (KM)
September 12, 2023 Opinion or Order Filing 25 REPLY BRIEF to #21 filed by BAD Realty, LLC, Berea Healthcare, LLC, Pamela Brooks, Benjamin Landa, Bent Philipson, Philipson Family Limited Liability Company, Sentosacare, LLC, Valley Stream Operator I, LLC. (Schafer, Rebecca)
September 7, 2023 Opinion or Order Filing 24 ORDER: 1. The Clerk of the Court is directed to STRIKE the plaintiff's untimely response [Record No. 20 ] from the record. 2. Defendant Philipson LLC's motion for clarification and its request for an extension of time to file a reply [Record No. #23 ] is DENIED as moot. 3. Defendant Philipson LLC's motion to dismiss for lack of personal jurisdiction [Record No. #12 ] stands submitted for a ruling by the Court without further briefing. Signed by Judge Danny C. Reeves on 9/7/23. (JLM)cc: COR
September 6, 2023 Opinion or Order NOTICE OF DEFICIENCY AND DOCKET MODIFICATION TO Rebecca R. Shafer re #23 MOTION to Clarify by Philipson Family Limited Liability Company MOTION for Extension of Time to File Response/Reply: ERROR 1: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judges motion report. No further action required by counsel as to Error 1. ERROR 2: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. cc: COR (GLD)
September 5, 2023 Opinion or Order Filing 23 MOTION to Clarify And Motion for Extension of Time by Philipson Family Limited Liability Company (Schafer, Rebecca). Added MOTION for Extension of Time to File Response/Reply on 9/6/2023 (GLD).
September 1, 2023 Opinion or Order Filing 22 RESPONSE in Opposition re #13 MOTION for Leave to File Amended Complaint by Janet Madden filed by BAD Realty, LLC, Berea Healthcare, LLC, Pamela Brooks, Benjamin Landa, Bent Philipson, Philipson Family Limited Liability Company, Sentosacare, LLC, Valley Stream Operator I, LLC. (Schafer, Rebecca)
August 29, 2023 Opinion or Order Filing 21 RESPONSE to #15 Defendants' Memorandum in Support of Subject Matter Jurisdiction filed by Janet Madden. (Attachments: #1 Exhibit 1 - License Application)(Jamison, Hannah)
August 24, 2023 Opinion or Order Filing 19 VIRTUAL ORDER: DENYING #18 Proposed Agreed Order Regarding Briefing Schedule by Janet Madden.Signed by Judge Danny C. Reeves on 08/24/2023. (KCF)cc: COR
August 21, 2023 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #18 Proposed Agreed Order Regarding Briefing Schedule by Janet Madden (KM)
August 18, 2023 Opinion or Order Filing 18 Proposed Agreed Order Regarding Briefing Schedule by Janet Madden. (Jamison, Hannah) Modified on 8/21/2023 (KM).
August 18, 2023 Opinion or Order Filing 17 VIRTUAL ORDER: DENYING #16 Motion for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction by Philipson Family Limited Liability Company by Janet Madden. Signed by Judge Danny C. Reeves on 8/18/2023. (KM)cc: COR
August 18, 2023 Opinion or Order Filing 16 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction by Philipson Family Limited Liability Company by Janet Madden (Attachments: #1 Proposed Order)(Jamison, Hannah)
August 15, 2023 Opinion or Order Filing 15 MEMORANDUM IN SUPPORT of #11 Subject Matter Jurisdiction and Fraudulent Joinder filed by BAD Realty, LLC, Berea Healthcare, LLC, Pamela Brooks, Benjamin Landa, Bent Philipson, Philipson Family Limited Liability Company, Sentosacare, LLC, Valley Stream Operator I, LLC. (Schafer, Rebecca)
August 15, 2023 Opinion or Order Filing 14 AFFIDAVIT of Pamela Brooks re #11 Order,, by Pamela Brooks. (Schafer, Rebecca) Modified text on 8/16/2023 (KM).
August 11, 2023 Opinion or Order Filing 13 MOTION for Leave to File Amended Complaint by Janet Madden (Attachments: #1 Exhibit Amended Complaint, #2 Proposed Order)(Jamison, Hannah) Modified text on 8/14/2023 (KM).
July 28, 2023 Opinion or Order Filing 12 MOTION to Dismiss for Lack of Jurisdiction by Philipson Family Limited Liability Company (Attachments: #1 Proposed Order Proposed Order Granting)(Schafer, Rebecca)
July 25, 2023 Opinion or Order Filing 11 ORDER: 1. On or before 8/15/2023, defendants are directed to file a brief & any supporting documentation addressing the Court's subject matter jurisdiction under 28 U.S.C. 1332, specifically their allegation of fraudulent joinder; 2. The plaintiff is directed to file a response on or before 8/29/2023; 3. Defendants may file a reply on or before 9/12/2023. The matter will stand submitted to the Court on the date the reply is due or on the filing of the defendants' reply, whichever is earlier. Signed by Judge Danny C. Reeves on 7/25/2023.(KM)cc: COR
July 24, 2023 Opinion or Order Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Philipson Family Limited Liability Company. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by BAD Realty, LLC. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by Pamela Brooks. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Bent Philipson. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Valley Stream Operator I, LLC. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Benjamin Landa. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Berea Healthcare, LLC. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Sentosacare, LLC. (Schafer, Rebecca)
July 24, 2023 Opinion or Order Conflict Check run. (KMP)
July 21, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Madison Circuit Court, case number 23-CI-295. ( Filing fee $402; receipt number AKYEDC-5608786), filed by Benjamin Landa, Pamela Brooks, Philipson Family Limited Liability Company, Berea Healthcare, LLC, Sentosacare, LLC, BAD Realty, LLC, Valley Stream Operator I, LLC, Bent Philipson. (Attachments: #1 Civil Cover Sheet, #2 State Court Record, #3 Exhibit Notice of N.O.R.)(KMP)
July 21, 2023 Opinion or Order ANSWER to Complaint (Notice of Removal) by Pamela Brooks. FILED IN STATE COURT RECORD. SEE #1 .
July 21, 2023 Opinion or Order ANSWER to Complaint (Notice of Removal) by Berea Healthcare, LLC. FILED IN STATE COURT RECORD. SEE #1 . (KMP)
July 21, 2023 Opinion or Order ANSWER to Complaint (Notice of Removal) by BAD Realty, LLC. FILED IN STATE COURT RECORD. SEE #1 . (KMP)

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Defendant: Berea Healthcare, LLC
Represented By: Emily Weaver Newman
Represented By: Paul Alan Dzenitis
Represented By: Rebecca Rachelle Schafer
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Defendant: Berea Health and Rehabilitation, LLC
Represented By: Emily Weaver Newman
Represented By: Paul Alan Dzenitis
Represented By: Rebecca Rachelle Schafer
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Defendant: BAD Realty, LLC
Represented By: Emily Weaver Newman
Represented By: Paul Alan Dzenitis
Represented By: Rebecca Rachelle Schafer
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Defendant: Sentosacare, LLC
Represented By: Emily Weaver Newman
Represented By: Paul Alan Dzenitis
Represented By: Rebecca Rachelle Schafer
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Defendant: Valley Stream Operator I, LLC doing business as Bluegrass Health Partners
Represented By: Emily Weaver Newman
Represented By: Paul Alan Dzenitis
Represented By: Rebecca Rachelle Schafer
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Defendant: Philipson Family Limited Liability Company
Represented By: Emily Weaver Newman
Represented By: Paul Alan Dzenitis
Represented By: Rebecca Rachelle Schafer
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Defendant: Benjamin Landa
Represented By: Emily Weaver Newman
Represented By: Rebecca Rachelle Schafer
Represented By: Paul Alan Dzenitis
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Defendant: Bent Philipson
Represented By: Emily Weaver Newman
Represented By: Paul Alan Dzenitis
Represented By: Rebecca Rachelle Schafer
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Defendant: Pamela Brooks
Represented By: Emily Weaver Newman
Represented By: Rebecca Rachelle Schafer
Represented By: Paul Alan Dzenitis
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Plaintiff: Janet Madden
Represented By: Hannah R. Jamison
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