Rey et al v. LCMC Health Care Partners, LLC et al
| Isabel Reynolds, Victoria Emmerling, Melisa Rey, Nicole Williamson, Robert Denny and Tomas Rey |
| Children's Hospital, Louisiana Children's Medical Center, LCMC Health Holdings, Inc. and LCMC Health Care Partners, LLC |
| 2:2021cv01188 |
| June 18, 2021 |
| US District Court for the Eastern District of Louisiana |
| Barry W Ashe |
| Janis van Meerveld |
| P.I.: Other |
| 49 U.S.C. § 40101 Federal Aviation Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2022. A more recent docket listing may be available from PACER.
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Filing 62
ORDER & REASONS: ORDERED that Plaintiffs' #51 motion that the court decline supplemental jurisdiction over Plaintiffs state-law claims is DENIED. FURTHER ORDERED that the Hospital Defendants' #52 motion for partial judgment on the pleadings is DENIED without prejudice to reasserting the substantive arguments in an appropriate motion after the relevant discovery is conducted. Signed by Judge Barry W Ashe on 2/28/2022. (clc)
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Filing 61
REPLY to Response to Motion re #52 MOTION for Partial Judgment on the Pleadings. (lw)
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Filing 60
ORDER granting #59 Motion for Leave to File Reply in Support of Motion for Partial Judgement. Signed by Judge Barry W Ashe on 2/23/2022. (lw)
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Filing 59
EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Partial Judgment on the Pleadings by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Mince, Loretta)
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Filing 58
REPLY to Response to Motion filed by All Plaintiffs re #51 MOTION to Dismiss for Lack of Jurisdiction. (cwa)
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Filing 57
ORDER granting #55 Motion for Leave to File Reply Memorandum. Signed by Judge Barry W Ashe on 2/22/2022. (cwa)
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Filing 56
Correction of Docket Entry by Clerk re #55 Reply. **Filing attorney selected incorrect event. Correct event is MOTION for Leave to file Reply. Clerk took corrective action by changing the event.** (am)
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Filing 55
EXPARTE/CONSENT MOTION for Leave to file Reply filed by All Plaintiffs re #51 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Bruno, Christopher) Modified text on 2/22/2022 (am).
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Filing 54
RESPONSE/MEMORANDUM in Opposition filed by LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center re #51 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit 1 - Citation & Amended Petition for Damages in Goss)(Miller, Kerry)
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Filing 53
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #52 MOTION for Partial Judgment on the Pleadings . (Bruno, Christopher)
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Filing 52
MOTION for Partial Judgment on the Pleadings by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. Motion(s) will be submitted on 2/24/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Miller, Kerry) Modified text on 2/2/2022 (am).
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Filing 51
MOTION to Dismiss for Lack of Jurisdiction by Robert Denny. Motion(s) will be submitted on 2/24/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit)(Bruno, Christopher)
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Filing 50
SCHEDULING ORDER: Final Pretrial Conference set for 11/22/2022 03:00 PM before Judge Barry W Ashe. Jury Trial set for 12/12/2022 09:00 AM before Judge Barry W Ashe. Signed by Judge Barry W Ashe on 1/12/2021. (Attachments: #1 Pretrial Notice)(clc)
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Filing 49
ORDER: GRANTING #48 MOTION to Continue Trial Date (Unopposed), as stated herein. Scheduling Conference set for 12/15/2021 at 09:30 AM before case manager by telephone. Signed by Judge Barry W Ashe on 11/22/2021.(am)
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Filing 48
EXPARTE/CONSENT MOTION to Continue Trial Date (Unopposed) by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. (Attachments: #1 Proposed Order, #2 Exhibit A)(Sperling, Peter)
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Filing 47
ANSWER to #42 Amended Complaint, by LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center.(Dodson, Michael)
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Filing 46
SCHEDULING ORDER: Final Pretrial Conference set for 7/13/2022 10:00 AM before Judge Barry W Ashe. Jury Trial set for 8/1/2022 09:00 AM before Judge Barry W Ashe. All discovery must be completed by 7/1/2022. Signed by Judge Barry W Ashe on 11/10/2021. (Attachments: #1 Pretrial Notice)(clc)
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Filing 45
NOTICE of Hearing. Scheduling Conference set for 11/10/2021 09:30 AM before case manager by telephone. By Clerk. (clc)
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Filing 44
ORDER: GRANTING #43 MOTION to Withdraw Document re #34 MOTION to Strike Class Allegations. Signed by Judge Barry W Ashe on 10/27/2021.(am)
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Filing 43
EXPARTE/CONSENT MOTION to Withdraw Document re #34 MOTION to Strike Class Allegations by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. (Attachments: #1 Proposed Order)(Ehret, Leslie)
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Filing 42
AMENDED COMPLAINT against Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center filed by Isabel Reynolds, Robert Denny, Melisa Rey, Victoria Emmerling, Tomas Rey, Nicole Williamson.(am)
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Filing 41
ORDER granting #40 Motion for Leave to File Amended Complaint. Signed by Judge Barry W Ashe on 10/19/2021. (am)
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Filing 40
EXPARTE/CONSENT MOTION for Leave to File Amended Complaint by Robert Denny, Victoria Emmerling, Melisa Rey, Tomas Rey, Isabel Reynolds, Nicole Williamson. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Bruno, Joseph)
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Filing 39
ORDER of USCA. IT IS ORDERED that Petitioners' opposed motion for leave to appeal under 28 U.S.C. 1453 is DENIED. IT IS FURTHER ORDERED that Respondents' motion to remand the case to the District Court is DENIED AS MOOT. IT IS FURTHER ORDERED that Petitioners' motion for leave to file a reply brief is DENIED. USCA Judge Name: SOUTHWICK, GRAVES, COSTA. (Attachments: #1 Transmittal Letter)(bw)
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Filing 38
ORDER: IT IS ORDERED that both motions to continue #36 & #37 are GRANTED, as stated herein. Motion(s) #34 will be submitted on 11/18/2021. Signed by Judge Barry W Ashe on 09/21/2021.(am)
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Filing 37
EXPARTE/CONSENT MOTION to Continue Submission Date on Motion to Strike by Robert Denny, Victoria Emmerling, Melisa Rey, Tomas Rey, Isabel Reynolds, Nicole Williamson. (Attachments: #1 Statement, #2 Proposed Order)(Kiefer, Megan)
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Filing 36
EXPARTE/CONSENT MOTION for Extension of Deadlines to Move for Class Certification by Robert Denny, Victoria Emmerling, Melisa Rey, Tomas Rey, Isabel Reynolds, Nicole Williamson. (Attachments: #1 Proposed Order)(Bruno, Joseph)
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Filing 35
SCHEDULING CONFERENCE NOTICE: The telephone scheduling conference set for September 15, 2021 at 10:30 a.m., is hereby CANCELLED, to be reset at the appropriate time. (clc)
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Filing 34
**WITHDRAWN AS PER REC. DOC. 44** MOTION to Strike Class Allegations by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. Motion(s) will be submitted on 10/7/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit A)(Ehret, Leslie) Modified text on 10/27/2021 (am).
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Filing 33
ORDER granting #32 Motion for Extension of Deadline to File Petition for Permission to Appeal Order & Reasons. Signed by Judge Barry W Ashe on 9/7/2021. (clc)
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Filing 32
EXPARTE/CONSENT MOTION for Extension of Deadlines by Robert Denny, Victoria Emmerling, Melisa Rey, Tomas Rey, Isabel Reynolds, Nicole Williamson. (Attachments: #1 Proposed Order)(Bruno, Joseph)
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Filing 31
NOTICE of Hearing. Scheduling Conference set for 9/15/2021 10:30 AM before case manager by telephone. By Clerk. (clc)
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Filing 30
ORDER AND REASONS: DENYING #11 Motion to Remand to State Court, as stated herein. Signed by Judge Barry W Ashe on 08/19/2021. (am)
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Filing 29
Sur-Reply in Opposition filed by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center re #11 MOTION to Remand to State Court . (am)
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Filing 28
ORDER: GRANTING #27 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 08/18/2021. (am)
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Filing 27
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Opposition to Motion to Remand by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Miller, Kerry)
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Filing 26
REPLY to Response to Motion filed by Robert Denny re #11 MOTION to Remand MOTION to Remand to State Court . (am)
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Filing 25
ORDER: GRANTING #23 Motion for Leave to File Reply. Signed by Judge Barry W Ashe on 08/12/2021. (am)
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Filing 24
Correction of Docket Entry by Clerk re #23 MOTION for Leave to File Reply Brief. **Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (am)
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Filing 23
EXPARTE/CONSENT MOTION for Leave to File Reply Brief by Robert Denny. (Attachments: #1 Proposed Order)Attorney Daniel A. Meyer added to party Robert Denny(pty:pla).(Meyer, Daniel) Modified text on 8/12/2021 (am).
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Filing 22
**DEFICIENT**RESPONSE/MEMORANDUM in Support filed by All Plaintiffs re #11 MOTION to Remand MOTION to Remand to State Court . (Bruno, Christopher) Modified text on 8/11/2021 (am).
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Filing 21
ORDER: GRANTING #18 Motion to Seal Document. Signed by Judge Barry W Ashe on 08/10/2021. (am)
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Filing 20
ORDER re #19 Request/Statement of Oral Argument. The Court declines to schedule oral argument at this time. If the Court later finds that oral argument would be helpful, counsel will be notified. Signed by Judge Barry W Ashe on 08/06/2021.(am)
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Filing 19
Request/Statement of Oral Argument by All Plaintiffs regarding #11 MOTION to Remand MOTION to Remand to State Court . (Kiefer, Megan)
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Filing 18
EXPARTE/CONSENT MOTION to Seal Document - Exhibit 3 - by LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. (Attachments: #1 Memorandum in Support, #2 Exhibit 3 - M. Dodson Declaration Under Seal, #3 Proposed Order)(Miller, Kerry) (Additional attachment(s) added on 8/5/2021: #4 SEALED Exhibit 3) (am).
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Filing 17
RESPONSE/MEMORANDUM in Opposition filed by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center re #11 MOTION to Remand MOTION to Remand to State Court . (Attachments: #1 Exhibit 1 - BZA Ruling, #2 Exhibit 2 - FAA Notice of Analysis Determination, #3 Exhibit 3 - Declaration of M. Dodson, #4 Exhibit 4 - Robert Edgecombe Declaration, #5 Exhibit 5 - Jonathan Brouk Declaration)(Miller, Kerry) (Additional attachment(s) added on 8/10/2021: #6 SEALED Ex 3) (am).
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Filing 16
ORDER granting #14 Motion for jury trial. Signed by Judge Barry W Ashe on 07/21/2021. (am)
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Filing 15
Correction of Docket Entry by Clerk re #14 MOTION Jury Trial. **Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion.** (am)
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Filing 14
EXPARTE/CONSENT MOTION Jury Trial by Melisa Rey. (Bruno, Christopher) (Additional attachment(s) added on 7/21/2021: #1 Proposed Order) (am).
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Filing 13
Correction of Docket Entry by Clerk re #11 MOTION to Remand. **1. Exhibits on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper. Clerk has reduced images. No further action needed. **2. Not necessary to select both Motion to Remand and Motion to Remand to State Court for this document. Filing attorney should have selected only one event. Clerk modified docket text. No further action is necessary.** (am)
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Filing 12
ANSWER to #1 Notice of Removal,,, Plaintiffs' Petition for Class Action Lawsuit Related to Injunctive Relief, Liability and Damages by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center.(Ehret, Leslie)
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Filing 11
MOTION to Remand by Robert Denny, Victoria Emmerling, Melisa Rey, Tomas Rey, Isabel Reynolds, Nicole Williamson. Motion(s) will be submitted on 8/12/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 2A, #5 Notice of Submission)(Kiefer, Megan) (Attachment 4 replaced on 7/19/2021) (am). Modified text on 7/19/2021 (am).
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Filing 10
Notice of Compliance by All Defendants to #1 Notice of Removal. (Attachments: #1 Exhibit - State Court Record, #2 Exhibit - Returns on Service)(Dodson, Michael) Modified text and link on 7/6/2021 (sbs).
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Filing 9
ORDER: GRANTING #5 Motion for Extension of Time to Answer re #1 Notice of Removal, as to Children's Hospital answer due 7/16/2021; LCMC Health Care Partners, LLC answer due 7/16/2021; LCMC Health Holdings, Inc. answer due 7/16/2021; Louisiana Children's Medical Center answer due 7/16/2021. Signed by Judge Barry W Ashe on 06/25/2021. (am)
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Filing 8
Correction of Docket Entry by Clerk re #6 Statement of Corporate Disclosure. Document does not contain Section and/or Magistrate Judge. All future pleadings must reflect Section Judge Barry W Ashe and Magistrate Judge Janis van Meerveld. (bw)
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Filing 7
Correction of Docket Entry by Clerk re #5 MOTION for Extension of Time to Answer Responsive Pleadings. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document 5 to document 1. (bw)
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Filing 6
Statement of Corporate Disclosure by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center (Dodson, Michael)
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Filing 5
EXPARTE/CONSENT MOTION for Extension of Time to Answer #1 Notice of Removal by Children's Hospital, LCMC Health Care Partners, LLC, LCMC Health Holdings, Inc., Louisiana Children's Medical Center. (Attachments: #1 Proposed Order)(Dodson, Michael) Modified text/link on 6/25/2021 (bw).
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Filing 4
Directive of the Clerk regarding compliance with 28:1447(b) re: #1 Notice of Removal, filed by LCMC Health Holdings, Inc., LCMC Health Care Partners, LLC, Children's Hospital, Louisiana Children's Medical Center. By the Clerk. (bw)
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Filing 3
Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Janis van Meerveld. (cc)
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Filing 2
Case Filing Fee Not Paid. The mandated filing fee of $402.00 has not been paid. If payment is not received within two business days, the matter will be referred to the assigned judge. (cc)
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Filing fee paid from All Defendants re #1 Notice of Removal. (Filing fee $ 402 receipt number ALAEDC-8910932) (Dodson, Michael) Modified text on 6/21/2021 (bw).
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Filing 1
NOTICE OF REMOVAL from Civil District Court for the Parish of Orleans, case number 2021-03912 (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) filed by LCMC Health Care Partners, LLC, Children's Hospital, Louisiana Children's Medical Center, LCMC Health Holdings, Inc.. (Attachments: #1 Exhibit A - Petition, #2 Exhibit B - State Court Record, #3 Civil Cover Sheet)Attorney Michael Ryan Dodson added to party Children's Hospital(pty:dft), Attorney Michael Ryan Dodson added to party LCMC Health Care Partners, LLC(pty:dft), Attorney Michael Ryan Dodson added to party LCMC Health Holdings, Inc.(pty:dft), Attorney Michael Ryan Dodson added to party Louisiana Children's Medical Center(pty:dft).(Dodson, Michael)
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