Southers v. Appalachian Regional Healthcare, Inc.
Plaintiff: Courtney Southers
Defendant: Appalachian Regional Healthcare, Inc.
Case Number: 7:2020cv00126
Filed: October 6, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: Robert E Wier
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2020 Filing 21 REPORT AND RECOMMENDATION: 1. Defendant's motion for leave to file its second amended notice of removal #17 be DENIED. 2. Plaintiff's request for attorney fees #19 be DENIED. Particularized objections to this Recommended Disposition must be filed within fourteen days from date of service. Signed by Magistrate Judge Edward B. Atkins on 11/30/2020. (RCB)cc: COR
November 19, 2020 Filing 20 REPLY to Response to Motion re #17 MOTION for Leave by Appalachian Regional Healthcare, Inc. TO FILE SECOND AMENDED NOTICE OF REMOVAL filed by Appalachian Regional Healthcare, Inc.. (Inman, J.)
November 19, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #17 MOTION for Leave by Appalachian Regional Healthcare, Inc. TO FILE SECOND AMENDED NOTICE OF REMOVAL (RCB)
November 18, 2020 Filing 19 RESPONSE in Opposition re #17 MOTION for Leave by Appalachian Regional Healthcare, Inc. TO FILE SECOND AMENDED NOTICE OF REMOVAL filed by Courtney Southers. (Brown, Nathan)
November 18, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #16 REPORT AND RECOMMENDATIONS re #5 FIRST MOTION to Remand to State Court by Courtney Southers filed by Courtney Southers (RCB)
November 16, 2020 Opinion or Order Filing 18 ORDER: any response to #17 shall be filed no later than MONDAY, NOVEMBER 30, 2020. Signed by Magistrate Judge Edward B. Atkins on 11/16/2020. (RCB)cc: COR
November 14, 2020 Filing 17 MOTION for Leave by Appalachian Regional Healthcare, Inc. TO FILE SECOND AMENDED NOTICE OF REMOVAL Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit One -- Termination Letter, #2 Proposed Second Amended Notice of Removal, #3 Exhibit A to Proposed Second Amended Notice of Removal, #4 Proposed Order)(Inman, J.)
November 3, 2020 Filing 16 REPORT AND RECOMMENDATION: re #5 the undersigned RECOMMENDS that Plaintiff's motion to remand be GRANTED. Particularized objections to this Recommended Disposition must be filed with Clerk within fourteen days of date of service or further appeal is waived. Signed by Magistrate Judge Edward B. Atkins on 11/3/2020. (RCB)cc: COR
October 26, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #11 MOTION to Remand by Courtney Southers, #5 FIRST MOTION to Remand to State Court by Courtney Southers (RCB)
October 25, 2020 Filing 15 REPLY to Response to Motion re #11 MOTION to Remand by Courtney Southers , #5 FIRST MOTION to Remand to State Court by Courtney Southers filed by Courtney Southers. (Brown, Nathan)
October 22, 2020 Opinion or Order Filing 14 ORDER: Plaintiff shall file any reply to Defendant's response #13 NLT FRIDAY, OCTOBER 30, 2020. Signed by Magistrate Judge Edward B. Atkins on 10/22/2020. (RCB)cc: COR
October 21, 2020 Filing 13 RESPONSE in Opposition re #11 MOTION to Remand by Courtney Southers , #5 FIRST MOTION to Remand to State Court by Courtney Southers filed by Appalachian Regional Healthcare, Inc.. (Attachments: #1 Exhibit One -- State Court Docket)(Inman, J.)
October 21, 2020 Filing 12 FRCP 7.1 DISCLOSURE STATEMENT by Appalachian Regional Healthcare, Inc.. (Inman, J.)
October 14, 2020 Filing 11 MOTION to Remand by Courtney Southers (Attachments: #1 Proposed Order Motion to Remand)(Brown, Nathan)
October 14, 2020 Filing 10 AMENDED NOTICE OF REMOVAL from Pike Circuit Court, case number 20-CI-01292, by Apalachian Regional Healthcare, Inc. Amendment to #1 Notice of Removal. Filed pursuant to #9 Order. (Attachments: #1 Exhibit A - State Court Complaint)(RCB)
October 14, 2020 Opinion or Order Filing 9 ORDER: Defendant's motion for leave to file an amended notice of removal #7 is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 10/14/2020. (RCB)cc: COR
October 11, 2020 Filing 8 RESPONSE to Motion re #7 MOTION for Leave to File by Appalachian Regional Healthcare, Inc. AMENDED NOTICE OF REMOVAL filed by Courtney Southers. (Brown, Nathan)
October 9, 2020 Filing 7 MOTION for Leave to File by Appalachian Regional Healthcare, Inc. AMENDED NOTICE OF REMOVAL Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit One -- TENDERED Amended Notice of Removal, #2 Exhibit Two -- Exhibit A to Amended Notice of Removal, #3 Proposed Order)(Inman, J.) Modified text on 10/13/2020 (RCB).
October 7, 2020 Opinion or Order Filing 6 ORDER: Defendant shall file any response to motion #5 NLT WEDNESDAY, OCTOBER 21, 2020. Signed by Magistrate Judge Edward B. Atkins on 10/7/2020. (RCB)cc: COR
October 7, 2020 Filing 5 FIRST MOTION to Remand to State Court by Courtney Southers (Attachments: #1 Memorandum in Support Motion to Remand, #2 Proposed Order Granting Motion to Remand)(Brown, Nathan)
October 6, 2020 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Jay Inman. #1 Notice of Removal, has been filed by Appalachian Regional Healthcare, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB) Modified text on 10/7/2020 (RCB).
October 6, 2020 Opinion or Order Filing 3 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (RCB)cc: COR
October 6, 2020 Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 20-CI-01292, filed by Appalachian Regional Healthcare, Inc. (Filing fee $400; receipt number 0643-4794396) (Attachments: #1 Exhibit A - State Court Complaint, #2 Civil Cover Sheet)(RCB)
October 6, 2020 Conflict Check run. (RCB)

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Defendant: Appalachian Regional Healthcare, Inc.
Represented By: J. Andrew Inman
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Plaintiff: Courtney Southers
Represented By: Nathan D. Brown
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