Diversicare of Seneca Place, LLC et al v. Lowery
| Diversicare Healthcare Services, Inc., Advocat Finance, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC and Diversicare of Seneca Place, LLC doing business as Diversicare of Seneca Place |
| Curtis Lowery |
| 3:2017cv00483 |
| August 8, 2017 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| David J Hale |
| Colin H Lindsay |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0004 |
| None |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER by Judge David J. Hale on 10/16/2020 - This action stands DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and is STRICKEN from the Court's active docket. (KD)
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| Filing 39 Proposed Agreed Order of Dismissal by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
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Filing 38
ORDER by Judge David J. Hale on 9/10/2020: This action is DISMISSED without prejudice. All dates and deadlines previously set in this matter are VACATED. The parties shall tender an agreed order of dismissal with prejudice within thirty (30) days of entry of this Order. cc: counsel (JM)
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| Filing 37 NOTICE of Settlement (Amended) by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC (McDonald, Gregory) |
| Filing 36 NOTICE of Settlement by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC (McDonald, Gregory) |
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Filing 35
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 9/9/2020. A telephonic status conference is scheduled for 10/14/2020 10:30 AM before Magistrate Judge Colin H. Lindsay. Counsel for the parties shall connect to the conference by dialing 1-888-808-6929 and entering access code 2773744#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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| Filing 34 NOTICE to Take Deposition of Nechelle Vestal by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC (McDonald, Gregory) |
| Filing 33 Joint STATUS REPORT by Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
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Filing 32
TEXT ORDER by Judge David J. Hale on 8/5/2020; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT)
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| Filing 31 NOTICE of Appearance by Megan L. Adkins on behalf of Curtis Lowery (Adkins, Megan) |
| Filing 30 NOTICE to Take Deposition of Plaintiff, Curtis Lowery by Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC (McDonald, Gregory) |
| Filing 29 Joint STATUS REPORT by Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
| Filing 28 Joint STATUS REPORT by Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
| Filing 27 NOTICE of Appearance by Richard Eric Circeo on behalf of Curtis Lowery (Circeo, Richard) |
| Filing 26 MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge David J. Hale: Status Conference held on 1/24/2020. Attorney Rick Circeo shall file his notice of appearance within ten (10) days of entry of this Order. (Court Reporter: Dena Legg) (KD) |
| Filing 25 Joint STATUS REPORT by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
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Filing 24
ORDER by Judge David J. Hale on 12/17/2019 - Status Conference set for 1/24/2020 at 10:00 a.m. in Louisville Courtroom before Judge David J. Hale. Counsel acting as lead counsel for the arbitration proceeding SHALL attend the status conference. (KD)
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| Filing 23 Joint STATUS REPORT by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
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Filing 22
ORDER by Judge David J. Hale on 9/10/2019. Parties SHALL file a joint status report within five (5) days of entry of this Order. Any further failure to comply will result in the Court requiring counsel's attendance at a hearing to determine the status of the arbitration proceeding. cc: Counsel (AME)
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| Filing 21 Joint STATUS REPORT by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
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Filing 20
ORDER by Judge David J. Hale on 6/3/2019. The parties shall file their joint status report within seven (7) days of entry of this Order. cc: Counsel (MEJ)
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| Filing 19 NOTICE of Change of Address by Hannah R. Jamison (Jamison, Hannah) |
| Filing 18 Joint STATUS REPORT by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
| Filing 17 STATUS REPORT Joint by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (McDonald, Gregory) |
| Filing 16 NOTICE of Appearance by Gregory S. McDonald on behalf of Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC (McDonald, Gregory) |
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Filing 15
ORDER by Judge David J. Hale on 9/19/2018. The parties SHALL, within seven days, file a joint status report as directed by the Court's previous Order. cc: Counsel (MEJ)
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| Filing 14 STATUS REPORT - Joint by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (Savinon, Francisco) |
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Filing 13
ORDER by Judge David J. Hale on 6/12/2018. The parties SHALL file a joint status report as directed by the Court's previous Order. cc: Counsel (MEJ)
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| Filing 12 STATUS REPORT Joint by Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare of Seneca Place, LLC. (Savinon, Francisco) |
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Filing 11
MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 12/6/2017 -Lowery's motion to dismiss (DN 7) is DENIED. Diversicare's motion to compel arbitration (DN 5) is GRANTED. The parties are COMPELLED to arbitrate pursuant to the terms of the Alternative Dispute Resolution Agreement (DN 1-1). Lowery is ENJOINED from proceeding against Diversicare in the Jefferson Circuit Court action. Counsel shall promptly inform the Jefferson Circuit Court of this Order. Proceeding is STAYED pending conclusion of the parties' arbitration. Parties shall submit a joint status report every ninety (90) days. cc: Counsel(DAK)
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| Filing 10 Proposed Agreed Order/Stipulation by Curtis Lowery. (Mann, Roscoe) |
| Filing 9 REPLY to Response to Motion re #5 MOTION to Compel and Enjoin Defendant, RESPONSE to Motion re #7 MOTION to Dismiss filed by Diversicare of Seneca Place, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Savinon, Francisco) Modified on 9/13/2017 clarified docket text (JAC). |
| Filing 8 RESPONSE to Motion re #5 MOTION to Compel and Enjoin Defendant filed by Curtis Lowery. (Attachments: #1 Proposed Order Proposed Order) (Mann, Roscoe) |
| Filing 7 MOTION to Dismiss by Defendant Curtis Lowery (Attachments: #1 Memorandum in Support Memo in Support, #2 Proposed Order Proposed Order) (Mann, Roscoe) |
| Filing 6 SUMMONS Returned Executed by Diversicare of Seneca Place, LLC. All Defendants. (Savinon, Francisco) |
| Filing 5 MOTION to Compel and Enjoin Defendant by Plaintiff Diversicare of Seneca Place, LLC (Attachments: #1 Exhibit Ex A - ADR, #2 Memorandum in Support Memo in Support, #3 Proposed Order Proposed Order) (Savinon, Francisco) |
| Filing 4 Summons Issued as to Curtis Lowery. Counsel for Plaintiffs is responsible for printing and serving the attached issued summons(es). (MNM) |
| Filing 3 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. Magistrate Judge designation: Magistrate Judge Colin H. Lindsay. (MNM) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Diversicare Healthcare Services, Inc. for Advocat Finance, Inc., Diversicare Healthcare Services, Inc., Diversicare Leasing Company II, LLC, Diversicare Management Services Co., and Diversicare of Seneca Place, LLC. (MNM) Modified on 8/9/2017 to edit docket text (MNM). |
| Filing 1 COMPLAINT against Curtis Lowery, filing fee $400, receipt number 0644-2488111, filed by Diversicare of Seneca Place, LLC, Diversicare Leasing Company II, LLC, Diversicare Management Services Co., Diversicare Healthcare Services, Inc., and Advocat Finance, Inc. (Attachments: #1 Exhibit A - ADR, #2 Exhibit B - State Court Complaint, #3 Cover Sheet, #4 Summons Tendered) (MNM) Modified on 8/9/2017 to edit docket text (MNM). |
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