Beaudion et al v. Natchitoches Nursing & Rehabilitation Center L L C et al
| McKinley Beaudion, Herbert Beaudion and Willie Beaudion |
| Kacey Masters, Natchitoches Nursing and Rehabilitation Center, LLC, Miranda Green and Natchitoches Nursing & Rehabilitation Center L L C |
| 1:2021cv00329 |
| February 8, 2021 |
| US District Court for the Western District of Louisiana |
| David C Joseph |
| Joseph H L Perez-Montes |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 MINUTES for proceedings held before Judge David C Joseph: MOTION HEARING held on 4/1/2021. #5 Motion to Dismiss for Failure to State a Claim taken under advisement; #5 Motion to Transfer Case taken under advisement; #10 Motion to Remand taken under advisement. (Court Reporter: Myra Primeaux) (crt,Roaix, G) |
| Filing 19 NOTICE of Supplemental Authority re #10 First MOTION to Remand filed by Herbert Beaudion, McKinley Beaudion, Willie Beaudion. (Attachments: #1 Exhibit)(aty,Dunahoe, Jared) Modified docket text to more accurately describe document filed on 3/31/2021 (Bunting, M). |
| Filing 18 MEMORANDUM in Opposition re #10 First MOTION to Remand filed by Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C. (Attachments: #1 Exhibit A - US DOJ Statement of Interest)(aty,Archey, Connell) |
| Filing 17 REPLY to Response to Motion re #5 MOTION to Dismiss For Failure to State a Claim MOTION to Transfer Case filed by Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C. (aty,Archey, Connell) |
| Filing 16 ELECTRONIC MINUTE ENTRY SETTING #5 MOTION to Dismiss For Failure to State a Claim MOTION to Transfer Case , #10 First MOTION to Remand : Motion day set for 4/1/21 at 10:00 a.m. is RESET for 4/1/2021 01:00 PM in Alexandria, 2nd floor before Judge David C Joseph. Signed by Judge David C Joseph on 3/15/2021. (crt,Roaix, G) |
| Filing 15 RESPONSE TO REMOVAL ORDER by Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C . (Attachments: #1 Exhibit Certified State Court Record)(aty,Archey, Connell) |
| Filing 14 MEMORANDUM in Opposition re #5 MOTION to Dismiss For Failure to State a Claim MOTION to Transfer Case filed by Herbert Beaudion, McKinley Beaudion, Willie Beaudion. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(aty,Dunahoe, Jared) |
Filing 13
ELECTRONIC ORDER granting in part and denying in part #11 Motion to Continue. Because both motions pertain, broadly, to the applicability of the PREP ACT, if any, to the Plaintiffs' alleged claims, both Plaintiffs' Motion to Remand and Defendants' Motion to Dismiss are set for oral argument on April 1, 2021 at 10:00 a.m., 2nd Floor Courtroom, Alexandria, Louisiana. Signed by Judge David C Joseph on 3/8/2021. (crt,Roaix, G)
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| Set/Reset Motion Hearing as to #5 MOTION to Dismiss For Failure to State a Claim MOTION to Transfer Case , #10 First MOTION to Remand . Motion day set for 4/1/2021 10:00 AM in Alexandria, 2nd floor before Judge David C Joseph. (crt,Roaix, G) |
| Filing 12 NOTICE of Motion Setting regarding: #10 First MOTION to Remand . Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Bunting, M) |
| Filing 11 First MOTION to Continue Motion to Dismiss and Alternative Motion to Transfer with opposition by Herbert Beaudion, McKinley Beaudion, Willie Beaudion. Motion Ripe Deadline set for 3/5/2021. (Attachments: #1 Memorandum / Brief)(aty,Dunahoe, Jared). Added MOTION to Expedite on 3/5/2021 (Bunting, M). Modified to add additional relief requested on 3/5/2021 (Bunting, M). |
| Filing 10 First MOTION to Remand by Herbert Beaudion, McKinley Beaudion, Willie Beaudion. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/5/2021. (Attachments: #1 Memorandum / Brief)(aty,Dunahoe, Jared) |
| Filing 9 ELECTRONIC MINUTE ENTRY SETTING #5 MOTION to Dismiss For Failure to State a Claim MOTION to Transfer Case : Motion day reset for 4/1/2021 10:00 AM in Alexandria, 2nd floor before Judge David C Joseph. Signed by Judge David C Joseph on 3/3/2021. (crt,Roaix, G) |
| Filing 8 ELECTRONIC MINUTE ENTRY SETTING #5 MOTION to Dismiss For Failure to State a Claim MOTION to Transfer Case . Motion day set for 3/18/2021 10:30 AM in Alexandria, 2nd floor before Judge David C Joseph. Parties should also be prepared to discuss jurisdictional issues related to this matter's removal to federal court pursuant to 28 U.S.C. 1331. Signed by Judge David C Joseph on 2/23/2021. (crt,Roaix, G) |
| Filing 7 NOTICE of Motion Setting regarding: #5 MOTION to Dismiss For Failure to State a Claim MOTION to Transfer Case . Motions referred to Judge David C Joseph. (crt,Bunting, M) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Natchitoches Nursing & Rehabilitation Center L L C. (aty,Archey, Connell) |
| Filing 5 MOTION to Dismiss For Failure to State a Claim, MOTION to Transfer Case by Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C. (Attachments: #1 Memorandum / Brief, #2 Exhibit A - Petition for Damages, #3 Exhibit B - March 10, 2020 Declaration, #4 Exhibit C - First Amended Declaration, #5 Exhibit D - Second Amended Declaration, #6 Exhibit E - Fourth Amended Declaration, #7 Exhibit F - Advisory Opinion 21-01, #8 Exhibit G - HHS letter dated Aug. 14, 2020, #9 Exhibit H - Advisory Opinion 20-04, #10 Exhibit I - Advisory Opinion dated May 19, 2020, #11 Exhibit J - Covered Countermeasures)(aty,Archey, Connell) Modified event to more accurately describe document filed on 2/16/2021 (Bunting, M). |
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Filing 4
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 2/10/2021. (crt,Tice, Y)
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| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 2/9/2021. (crt,Bunting, M) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Connell L Archey on behalf of Natchitoches Nursing & Rehabilitation Center L L C. Corporate Disclosure Statement due by 2/23/2021. (crt,Bunting, M) |
| FIRST AMENDED COMPLAINT against Kacey Masters filed by McKinley Beaudion, Herbert Beaudion, Willie Beaudion. (10th JDC, Parish of Natchitoches, #91956-B, filed 10/16/2020 - PDF of this document filed with #1 Notice of Removal, attachment 1)(crt,Bunting, M) |
| Filing 1 NOTICE of Removal from 10th JDC Natchitoches Parish, Case Number C-91956-B (Filing fee $402, receipt number ALAWDC-4565483) filed by Natchitoches Nursing & Rehabilitation Center L L C, Kacey Masters. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Advisory Opinion, #3 Civil cover sheet, #4 State court petition Petition for Damages)(Attorney Connell L Archey added to party Kacey Masters(pty:dft), Attorney Connell L Archey added to party Natchitoches Nursing & Rehabilitation Center L L C(pty:dft))(aty,Archey, Connell) Modified docket text on 2/9/2021 (Bunting, M). |
| Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes added. (crt,Bunting, M) |
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