McClanahan et al v. Natchitoches Nursing & Rehabilitation Center L L C et al
Peggy Ann McCleland, Marshell Ray Jones, Stacy D. Jones, John Paul Jones, Ruby Jean Hall, Elizabeth Jones Freeman, Carrie Dale Maxcey, Roger Dale Bedgood, Carolyn M. Choate, Linda Sue McClanahan, Tracy Lee Jones, Shirley Faye Bedgood, Carolyn M Choate and Stacy D Jones |
Kacey Masters, Natchitoches Nursing and Rehabilitation Center, LLC, Miranda Green and Natchitoches Nursing & Rehabilitation Center L L C |
1:2021cv00332 |
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
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; taking under advisement #10 Motion to Remand. (Court Reporter: Myra Primeaux) (crt,Roaix, G) |
Filing 19 NOTICE of Supplemental Authority re #10 MOTION to Remand filed by Roger Dale Bedgood, Shirley Faye Bedgood, Carolyn M Choate, Elizabeth Jones Freeman, Ruby Jean Hall, John Paul Jones, Marshell Ray Jones, Stacy D Jones, Tracy Lee Jones, Carrie Dale Maxcey, Linda Sue McClanahan, Peggy Ann McCleland. (Attachments: #1 Exhibit Stone v. Long Beach Healthcare Ctr., LLC)(aty,Kelly, Keenan) Modified on 3/31/2021 to indicate more accurate event type (Jones, P). |
Filing 18 MEMORANDUM in Opposition re #10 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 17 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 16 ELECTRONIC MINUTE ENTRY SETTING #6 MOTION to Dismiss for Failure to State a Claim, MOTION to Transfer Case, #10 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) |
Filing 15 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) |
STATE COURT Service Returned Executed. Miranda Green answer due 2/16/2021; Kacey Masters answer due 2/16/2021; Natchitoches Nursing & Rehabilitation Center L L C answer due 2/16/2021. ADMINISTRATIVE ENTRY; see pdf document, Attachment #1 to #15 Response to Removal Order. (crt,Dauterive, C) |
Filing 14 MEMORANDUM in Opposition re #6 MOTION to Dismiss for Failure to State a Claim, MOTION to Transfer Case filed by Roger Dale Bedgood, Shirley Faye Bedgood, Carolyn M Choate, Elizabeth Jones Freeman, Ruby Jean Hall, John Paul Jones, Marshell Ray Jones, Stacy D Jones, Tracy Lee Jones, Carrie Dale Maxcey, Linda Sue McClanahan, Peggy Ann McCleland. (Attachments: #1 Exhibit PREP Act Q&As, #2 Exhibit Law Review Article, #3 Exhibit Discovery)(aty,Kelly, Keenan) |
Filing 13 NOTICE of Motion Setting: #10 MOTION to Remand. Motions referred to Judge David C Joseph. Motion day set for 4/1/2021 10:00 AM in Alexandria, 2nd floor before Judge David C Joseph; see Electronic Order, document 12. (crt,Dauterive, C) |
Filing 12 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 3/3/2021. (crt,Roaix, G) |
Filing 11 MOTION to Continue Hearing and Deadlines in Connection with Rec. Doc. 6 with opposition by Roger Dale Bedgood, Shirley Faye Bedgood, Carolyn M Choate, Elizabeth Jones Freeman, Ruby Jean Hall, John Paul Jones, Marshell Ray Jones, Stacy D Jones, Tracy Lee Jones, Carrie Dale Maxcey, Linda Sue McClanahan, Peggy Ann McCleland. Motion Ripe Deadline set for 3/3/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Kelly, Keenan) |
Filing 10 MOTION to Remand by Roger Dale Bedgood, Shirley Faye Bedgood, Carolyn M Choate, Elizabeth Jones Freeman, Ruby Jean Hall, John Paul Jones, Marshell Ray Jones, Stacy D Jones, Tracy Lee Jones, Carrie Dale Maxcey, Linda Sue McClanahan, Peggy Ann McCleland. 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) |
Filing 9 NOTICE to the Clerk regarding Motion and Order to Enroll filed in State Court by Roger Dale Bedgood, Shirley Faye Bedgood, Carolyn M Choate, Elizabeth Jones Freeman, Ruby Jean Hall, John Paul Jones, Marshell Ray Jones, Stacy D Jones, Tracy Lee Jones, Carrie Dale Maxcey, Linda Sue McClanahan, Peggy Ann McCleland (Attorney Keenan K Kelly added to party Roger Dale Bedgood(pty:pla), Attorney Keenan K Kelly added to party Shirley Faye Bedgood(pty:pla), Attorney Keenan K Kelly added to party Carolyn M Choate(pty:pla), Attorney Keenan K Kelly added to party Elizabeth Jones Freeman(pty:pla), Attorney Keenan K Kelly added to party Ruby Jean Hall(pty:pla), Attorney Keenan K Kelly added to party John Paul Jones(pty:pla), Attorney Keenan K Kelly added to party Marshell Ray Jones(pty:pla), Attorney Keenan K Kelly added to party Stacy D Jones(pty:pla), Attorney Keenan K Kelly added to party Tracy Lee Jones(pty:pla), Attorney Keenan K Kelly added to party Carrie Dale Maxcey(pty:pla), Attorney Keenan K Kelly added to party Linda Sue McClanahan(pty:pla), Attorney Keenan K Kelly added to party Peggy Ann McCleland(pty:pla)) (Attachments: #1 Motion and Order to Enroll)(aty,Kelly, Keenan) Modified on 3/3/2021 to edit text (Dauterive, C). |
Reset Motion Hearing as to #6 MOTION to Dismiss for Failure to State a Claim, MOTION to Transfer Case , #10 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 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,Dauterive, C) |
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 edit text and correct motion event (Dauterive, C). |
Filing 5 CORPORATE DISCLOSURE STATEMENT by Natchitoches Nursing & Rehabilitation Center L L C. (aty,Archey, Connell) |
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) |
Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 2/9/2021. (crt,Dauterive, C) |
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,Dauterive, C) |
CASE Assigned to Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes. (crt,Dauterive, C) |
Filing 1 NOTICE of Removal from 10th JDC Natchitoches Parish, Case Number C-92063-B (Filing fee $402, receipt number ALAWDC-4565584) filed by Miranda Green, Kacey Masters and Natchitoches Nursing & Rehabilitation Center L L C. (Attachments: #1 Exhibit A - State Court Pleadings, #2 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), Attorney Connell L Archey added to party Kacey Masters(pty:dft), Attorney Connell L Archey added to party Natchitoches Nursing and Rehabilitation Center, LLC(pty:dft))(aty,Archey, Connell) Modified on 2/9/2021 to edit text (Dauterive, C). |
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