Hayes v. Natchitoches Nursing & Rehabilitation Center L L C et al
| Judith A. Hayes and Judith A Hayes |
| Kacey Masters, Natchitoches Nursing and Rehabilitation Center, LLC, Miranda Green and Natchitoches Nursing & Rehabilitation Center L L C |
| 1:2021cv00330 |
| February 8, 2021 |
| US District Court for the Western District of Louisiana |
| David C Joseph |
| Joseph H L Perez-Montes |
| Personal Inj. Med. Malpractice |
| 42 U.S.C. § 247 |
| 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.
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| Filing 20 MINUTES for proceedings held before Judge David C Joseph: MOTION HEARING held on 4/1/2021. Taken under advisement, #6 Motion to Dismiss for Failure to State a Claim; taking under advisement #6 Motion to Transfer Case; #9 Motion to Remand. (Court Reporter: Myra Primeaux) (crt,Roaix, G) |
| Filing 19 NOTICE of Supplemental Authority re #9 MOTION to Remand by Judith A Hayes (Attachments: #1 Exhibit A)(aty,Salim, Robert) Modified on 3/30/2021 to modify docket text (Miletello, A). |
| Filing 18 MEMORANDUM in Opposition re #9 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 #6 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 #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case, #9 MOTION to Remand: Motion day set for 4/1/2021 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) |
| NOTICE of Corrective Action to Robert L Salim on behalf of Judith A Hayes regarding #9 MOTION to Remand. Action taken: Modified docket entry to remove Motion for Attorney Fees pursuant to #15 Notice of Clarification and Withdrawal of Attorney Fee Request. (crt,Dauterive, C) |
| Filing 15 NOTICE of Clarification and Withdrawal of Attorney Fee Request by Judith A Hayes re #9 MOTION to Remand MOTION for Attorney Fees (aty,Salim, Robert) |
| STATE COURT Service Returned Executed. Kacey Masters answer due 2/16/2021. ADMINISTRATIVE ENTRY. The PDF image can be found in Attachment #1 to #14 Response to Removal Order. (crt,Crick, S) |
| STATE COURT Service Returned Executed. Natchitoches Nursing & Rehabilitation Center L L C answer due 2/16/2021. ADMINISTRATIVE ENTRY. The PDF image can be found in Attachment #1 to #14 Response to Removal Order. (crt,Crick, S) |
| STATE COURT CONSOLIDATION ORDER consolidating Cases 91,956-B; 91,964-A; 91,965-A; 91,973-B; 91,893-B; 92,035-A; 92,063-B. ADMINISTRATIVE ENTRY. The PDF image can be found in Attachment #1 to #14 Response to Removal Order. (crt,Crick, S) Modified on 3/10/2021 to modify docket text. (Crick, S). |
| Filing 14 RESPONSE TO REMOVAL ORDER by Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C . (Attachments: #1 Exhibit A - Certified State Court Record)(aty,Archey, Connell) |
| Filing 13 RESPONSE to Motion re #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case filed by Judith A Hayes. (aty,Salim, Robert) |
Filing 12
ELECTRONIC ORDER granting in part and denying in part Plaintiffs' #11 Motion to Continue and Motion for Extension of Time to File Response/Reply. 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 3/3/2021. (crt,Roaix, G)
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| Filing 11 MOTION to Continue Hearing re 8 Minute Entry, MOTION for Extension of Time to File Response to #6 Motion to Dismiss, MOTION to Expedite with opposition by Judith A Hayes. Motion Ripe Deadline set for 3/3/2021. (Attachments: #1 Memorandum / Brief)(aty,Salim, Robert). Added MOTION for Extension of Time to File Response/Reply, MOTION to Expedite, created docket entry relationships and modified docket text to indicate proposed order included within pdf of main document on 3/3/2021 (Crick, S). |
| Filing 10 NOTICE of Motion Setting regarding: #9 MOTION to Remand . Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Crick, S) |
| Set/Reset Deadlines as to #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case , #9 MOTION to Remand . Motion day reset for 4/1/2021 10:00 AM in Alexandria, 2nd floor before Judge David C Joseph. (crt,Roaix, G) |
| Filing 9 MOTION to Remand by Judith A Hayes. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/2/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Salim, Robert). Added MOTION for Attorney Fees on 3/11/2021 (Crick, S). Modified on 3/15/2021 to remove Motion for Attorney Fees pursuant to #15 Notice of Clarification and Withdrawal of Attorney Fee Request (Dauterive, C). |
| Filing 8 ELECTRONIC MINUTE ENTRY SETTING #6 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: #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case . Motions referred to Judge David C Joseph. (crt,Crick, S) |
| Filing 6 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 dates May 19, 2020, #11 Exhibit J - Covered Countermeasures)(aty,Archey, Connell) Modified on 2/16/2021 to modify motion event. (Crick, S). |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Natchitoches Nursing & Rehabilitation Center L L C. (aty,Archey, Connell) |
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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 2/8/2021. (crt,Crick, S) |
| 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 2/22/2021. (crt,Crick, S) |
| Filing 1 NOTICE of Removal from 10th JDC Natchitoches Parish, Case Number C-91983-B (Filing fee $402, receipt number ALAWDC-4565568) 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)(Attorney Connell L Archey added to party Kacey Masters(pty:dft), Natchitoches Nursing * Rehabilitation Center L L C(pty:dft))(aty,Archey, Connell) Modified on 2/8/2021 to modify docket text. (Crick, S). |
| CASE Assigned to Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes. (crt,Crick, S) |
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