Ratliff et al v. Natchitoches Nursing and Rehabilitation Center L L C et al
| Eddie Ratliff, Jr., Willie Ratliff, Cedrick Ratliff, Mary Joyce Wilson, Betty Bush, Ester White, Kenneth Ratliff and Eddie Ratliff, Jr |
| Kacey Masters, Natchitoches Nursing and Rehabilitation Center, LLC, Miranda Green and Natchitoches Nursing & Rehabilitation Center L L C |
| 1:2021cv00335 |
| 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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| Document Text |
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| Filing 18 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 17 REPLY to Response to Motion re #9 MOTION to Remand filed by Betty Bush, Cedrick Ratliff, Eddie Ratliff, Jr, Kenneth Ratliff, Willie Ratliff, Ester White, Mary Joyce Wilson. (Attachments: #1 Exhibit Stone v. Long Beach Healthcare Ctr., LLC)(aty,Kelly, Keenan) |
| Filing 16 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 15 REPLY to Response to Motion re #6 MOTION to Dismiss For Failure to State a Claim Defendants MOTION to Transfer Case filed by Miranda Green, Kacey Masters, Natchitoches Nursing & Rehabilitation Center L L C. (aty,Archey, Connell) |
| Filing 14 ELECTRONIC MINUTE ENTRY SETTING #6 MOTION to Dismiss For Failure to State a Claim Defendants 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) |
| Filing 13 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. ADMINISTRATIVE ENTRY; see pdf document, Attachment #1 to #13 Response to Removal Order. (crt,Dauterive, C) |
| Filing 12 MEMORANDUM in Opposition re #6 MOTION to Dismiss For Failure to State a Claim Defendants MOTION to Transfer Case filed by Betty Bush, Cedrick Ratliff, Eddie Ratliff, Jr, Willie Ratliff, Mary Joyce Wilson, Ester White, Kenneth Ratliff. (Attachments: #1 Exhibit PREP Act Q&As, #2 Exhibit Law Review Article, #3 Exhibit Discovery)(aty,Kelly, Keenan) Modified to add filers on 3/9/2021 (Thomas, T). |
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 Hearing and Deadlines in Connection with Rec. Doc. 6 with opposition by Betty Bush, Cedrick Ratliff, Eddie Ratliff, Jr, Willie Ratliff, Mary Joyce Wilson, Ester White, Kenneth Ratlif. Motion Ripe Deadline set for 3/3/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Kelly, Keenan) Modified to add filers on 3/9/2021 (Thomas, T). |
| Filing 9 MOTION to Remand by Betty Bush, Cedrick Ratliff, Eddie Ratliff, Jr, Willie Ratliff, Mary Joyce Wilson, Ester White, Kenneth Ratliff. 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) Modified to add filers on 3/9/2021 (Thomas, T). |
| Reset Motion Hearing as to #6 MOTION to Dismiss For Failure to State a Claim Defendants 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 8 ELECTRONIC MINUTE ENTRY SETTING #6 MOTION to Dismiss For Failure to State a Claim Defendants 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,Thomas, T) |
| Filing 6 MOTION to Dismiss For Failure to State a Claim Defendants, 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) |
| 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,Thomas, T) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Connell L Archey on behalf of Natchitoches Nursing and Rehabilitation Center, LLC. Corporate Disclosure Statement due by 2/22/2021. (crt,Thomas, T) |
| Filing 1 NOTICE of Removal from 10th JDC Natchitoches Parish, Case Number C-92035-A (Filing fee $402, receipt number ALAWDC-4565609) filed by Natchitoches Nursing and Rehabilitation Center, LLC, 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), 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) |
| CASE Assigned to Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes. (crt,Thomas, T) |
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