Gay et al v. Natchitoches Nursing & Rehabilitation Center L L C et al
| Clyde Gay, Sr., Dollie Bell Calhoun, Clarence Gay, Leroy Gay, Johnny D. Gay, Johnny D Gay and Clyde Gay, Sr |
| Natchitoches Nursing and Rehabilitation Center, LLC, Kacey Masters, Miranda Green and Natchitoches Nursing & Rehabilitation Center L L C |
| 1:2021cv00331 |
| 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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| Document Text |
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| Filing 19 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; #6 Motion to Transfer Case; #9 Motion to Remand. (Court Reporter: Myra Primeaux) (crt,Roaix, G) |
| Filing 18 NOTICE OF SUPPLEMENTAL AUTHORITY re #9 MOTION to Remand filed by Dollie Bell Calhoun, Clarence Gay, Clyde Gay, Sr, Johnny D Gay, Leroy Gay. (Attachments: #1 Exhibit Stone v. Long Beach Healthcare Ctr L L C)(aty,Kelly, Keenan) Modified text on 3/31/2021 (Dunford, T). |
| Filing 17 MEMORANDUM in Opposition re #9 MOTION to Remand filed by Miranda Green, Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C. (Attachments: #1 Exhibit A - US DOJ Statement of Interest)(aty,Archey, Connell) |
| Filing 16 REPLY to Response to Motion re #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case filed by Miranda Green, Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C. (aty,Archey, Connell) |
| Filing 15 ELECTRONIC MINUTE ENTRY SETTING #9 MOTION to Remand, #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case: 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) |
| 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) |
| Filing 14 RESPONSE TO REMOVAL ORDER by Miranda Green, Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C . (Attachments: #1 Exhibit A - Certified State Court Record)(aty,Archey, Connell) |
| Filing 13 MEMORANDUM in Opposition re #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case filed by Dollie Bell Calhoun, Clarence Gay, Clyde Gay, Sr, Johnny D Gay, Leroy Gay. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(aty,Kelly, Keenan) |
| Filing 12 NOTICE of Motion Setting with oral argument regarding: #9 MOTION to Remand . Motions referred to Judge David C Joseph. Motion day set for 4/1/2021 at 10:00 AM in Alexandria, 2nd floor before Judge David C Joseph. (crt,Crick, S) |
Filing 11
ELECTRONIC ORDER granting in part and denying in part #10 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 3/3/2021. (crt,Roaix, G)
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| Filing 10 MOTION to Continue with opposition by Dollie Bell Calhoun, Clarence Gay, Clyde Gay, Sr, Johnny D Gay, Leroy Gay. Motion Ripe Deadline set for 3/3/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Kelly, Keenan) |
| Filing 9 MOTION to Remand by Dollie Bell Calhoun, Clarence Gay, Clyde Gay, Sr, Johnny D Gay, Leroy Gay. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/3/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Kelly, Keenan) |
| Reset Motion Hearing as to #9 MOTION to Remand , #6 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case . Motion day reset for 4/1/2021 10:00 AM before Judge David C Joseph. (crt,Roaix, G) |
| 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 2/23/2001. (crt,Roaix, G) |
| Filing 7 NOTICE of Motion Setting regarding: #6 MOTION to Dismiss for Failure to State a Claim or, Alternatively, MOTION to Transfer Proceeding . 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 Miranda Green, 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 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 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal sent to Connell L Archey on behalf of Natchitoches Nursing and Rehabilitation Center L L C. Corporate Disclosure Statement due by 2/22/2021. (crt,Crick, S) |
| Filing 2 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 2/8/2021. (crt,Crick, S) |
| Filing 1 NOTICE of Removal from 10th JDC Natchitoches Parish, Case Number C-91973-B (Filing fee $402, receipt number ALAWDC-4565577) filed by Natchitoches Nursing & Rehabilitation Center L L C, Miranda Green, 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 Miranda Green(pty:dft), 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. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Crick, S) |
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