Horton v. Willis-Knighton Medical Center
| Jacqueline Horton |
| Willis-Knighton Medical Center doing business as Willis-Knighton Health System |
| 1:2023cv00314 |
| March 8, 2023 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Joseph H L Perez-Montes |
| Other Statutory Actions |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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| USCA Case Number 23-30653 for #47 Notice of Appeal filed by Willis-Knighton Medical Center. (crt,WalkerSld, B) |
| Set Deadline for Clerk re #47 Notice of Appeal: Certify Appeal Record (23-30653) by Clerk to COA 11/13/2023. (crt,WalkerSld, B) |
Filing 48
ORDER FOR ADMINISTRATIVE CLOSURE: Once the appeal has reached a final determination, if further proceedings in this Court are necessary or desirable, any party may initiate those proceedings in the same manner as if this Order had not been entered. Signed by Judge Terry A Doughty on 9/19/2023. (crt,Keifer, K)
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| Filing 47 NOTICE OF APPEAL as to #41 Judgment re Report and Recommendations, Order on Report and Recommendations, Order on Motion to Remand, by Willis-Knighton Medical Center. (Filing fee $505, receipt number ALAWDC-5693245) (aty,Pugh, Lamar) |
| Filing 46 **VACATED**REPORT AND RECOMMENDATIONS IT IS RECOMMENDED that re #1 Notice of Removal, filed by Willis-Knighton Medical Center be remanded. Objections to R&R due by 9/15/2023. Signed by Magistrate Judge Joseph H L Perez-Montes on 9/1/2023. (crt,Roaix, G) Modified on 9/11/2023 to reflect R&R vacated. See #39 (Tice, Y). |
| Filing 45 REMAND RECORD RECEIVED by 10th JDC-Natchitoches Parish on 8/21/2023, assigned case number 93767. (crt,Miletello, A) |
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Filing 44
ORDER granting #43 Motion to Stay #41 Judgment for thirty days and Vacating #42 Notice of Remand. Signed by Judge Terry A Doughty on 8/21/2023. (crt,Crawford, A)
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| REMARK: Copy of #44 Order staying Judgment of Remand forwarded to 10th JDC, Natchitoches Parish. (crt,Crawford, A) |
| Filing 43 Emergency MOTION to Stay re #42 Notice of Remand Temporary by Willis-Knighton Medical Center. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 8/18/2023. (Attachments: #1 Letters of reference, #2 Exhibit, #3 Exhibit, #4 Proposed order)(aty,Pugh, Lamar) |
| Filing 42 *STAYED* NOTICE of Remand to Clerk of 10th Judicial District Court for Natchitoches Parish. (crt,Crawford, A) Modified on 8/21/2023 to indicate notice stayed (Crawford, A). |
| Filing 41 *VACATED* JUDGMENT adopting #39 Report and Recommendation of the Magistrate Judge, granting #8 Motion to Remand, filed by Jacqueline Horton, and remanding this matter to the 10th JDC, Parish of Natchitoches, State of Louisiana. Signed by Judge Terry A Doughty on 8/18/2023. (crt,Crawford, A) Modified on 8/21/2023 to indicate order vacated (Crawford, A). |
| Motions Transferred regarding #43 Emergency MOTION to Stay re #42 Notice of Remand Temporary. Motions referred to Judge Terry A Doughty. (crt,Crick, S) |
| Filing 40 OBJECTION to #39 Report and Recommendations by Willis-Knighton Medical Center. Response to Objection to R&R due by 8/24/2023 (Attachments: #1 Exhibit)(aty,Pugh, Lamar) Modified docket text on 8/11/2023 (Miletello, A). |
| Filing 39 REPORT AND RECOMMENDATIONS re #8 MOTION to Remand to State Court filed by Jacqueline Horton - Because Willis-Knighton fails to establish federal officer removal jurisdiction; IT IS RECOMMENDED that Horton's Motion to Remand (Doc. 8) be GRANTED for lack of subject matter jurisdiction and that this case be REMANDED to the Tenth Judicial District Court for the Parish of Natchitoches, State of Louisiana. Objections to R&R due by 8/10/2023. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 7/27/2023. (crt,Tice, Y) (c) |
| Filing 38 RESPONSE re #37 Notice of Supplemental Authority by Willis-Knighton Medical Center. (aty,Pugh, Lamar) Modified docket text on 7/16/2023 (Miletello, A). |
| Filing 37 NOTICE of Supplemental Authority by Jacqueline Horton re #8 MOTION to Remand to State Court. (Attachments: #1 Exhibit)(crt,Miletello, A) |
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Filing 36
ORDER granting #35 Motion for Leave to File Notice of Supplemental Authority. Signed by Magistrate Judge Joseph H L Perez-Montes on 7/10/2023. (crt,Miletello, A)
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| Filing 35 MOTION for Leave to File Notice of Supplemental Authority with consent by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 7/6/2023. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed Exhibit)(aty,Kelly, Keenan) Modified docket text on 7/7/2023 (Bunting, M). |
| Filing 34 RESPONSE TO SUPPLEMENTAL AUTHORITY FILINGS by Willis-Knighton Medical Center re #31 Notice of Supplemental Authority. (crt,Thomas, T) |
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Filing 33
ORDER granting #32 Motion for Leave to File. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/10/2023. (crt,Thomas, T)
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| Filing 32 MOTION for Leave to File Willis-Knighton Medical Center's Response to Supplemental Authority Filings with consent by Willis-Knighton Medical Center. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 5/3/2023. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,Pugh, Lamar) Modified docket text on 5/4/2023 (Miletello, A). |
| Filing 31 NOTICE of Supplemental Authority by Jacqueline Horton (crt,Crick, S) |
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Filing 30
ORDER granting #29 Motion for Leave to File Notice of Supplemental Authority. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/1/2023. (crt,Crick, S)
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| Filing 29 Unopposed MOTION for Leave to File Notice of Supplemental Authority in Support of Motion to Remand [Doc 8] with consent by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/27/2023. (Attachments: #1 Proposed pleading Notice of Supplemental Authority, #2 Proposed order)(aty,Herman, Stephen) |
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Filing 26
ORDER granting #19 Motion to Appear Pro Hac Vice for appearance of David A Carney for Willis-Knighton Medical Center. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/19/2023. (crt,Enkey, R)
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| Filing 28 SUPPLEMENTAL MEMORANDUM in Support re #8 MOTION to Remand to State Court filed by Jacqueline Horton. (Attachments: #1 Exhibit 1)(crt,Enkey, R) |
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Filing 27
ORDER granting #25 Motion for Leave to File Supplemental Memorandum in Support re #8 MOTION to Remand. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/19/2023. (crt,Enkey, R)
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| Filing 25 MOTION for Leave to File Supplemental Memorandum re #8 MOTION to Remand with consent by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/17/2023. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed exhibit)(aty,Cain, Joseph) Modified on 4/18/2023 to create docket entry relationship. (Crick, S). |
| Filing 24 NOTICE of Deficiency to Joseph Edward Cain on behalf of Jacqueline Horton regarding #23 MOTION for Leave to File Supplemental Memorandum in Support re #8 Motion to Remand. Reason: You do not indicate whether opposing counsel consent to the granting of this ex parte motion. (crt,Miletello, A) |
| NOTICE of Corrective Action to Joseph Edward Cain on behalf of Jacqueline Horton regarding #23 MOTION for Leave to File Supplemental Memorandum in Support re #8 Motion to Remand. Action taken: Terminated #23 Motion for Leave to File. #25 Motion resubmitted. (crt,Crick, S) |
| NOTICE of Corrective Action to Joseph Edward Cain on behalf of Jacqueline Horton regarding #22 MOTION for Leave to File Supplemental Memorandum in Support of Plaintiffs Motion to Remand. Action taken: Modified docket text to show motion filed in error and resubmitted at Document #23 . (crt,Miletello, A) |
| Filing 23 DEFICIENT. MOTION for Leave to File Supplemental Memorandum in Support re #8 Motion to Remand by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/13/2023. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed exhibit)(aty,Cain, Joseph) Modified on 4/14/2023 to create docket entry relationship and reflect as deficient (Miletello, A). Modified on 4/18/2023 to indicate #25 Motion resubmitted. (Crick, S). |
| Filing 22 FILED IN ERROR. RESUBMITTED IN ITS ENTIRETY AT DOC #23 . MOTION for Leave to File Supplemental Memorandum in Support of Plaintiffs Motion to Remand by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/13/2023. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed exhibit)(aty,Cain, Joseph) Modified on 4/14/2023 to reflect filed in error and resubmitted (Miletello, A). |
| Filing 21 REPLY to Response to Motion re #8 MOTION to Remand to State Court filed by Jacqueline Horton. (aty,Herman, Stephen) |
| Filing 20 MEMORANDUM in Opposition re #8 MOTION to Remand to State Court filed by Willis-Knighton Medical Center. (Attachments: #1 Exhibit Executive Order, #2 Exhibit Office of the National Coordinator for Health Information for Health Information Technology, #3 Exhibit ONC Final Federal Strategic Plan, #4 Exhibit ONC 10 Year Plan, #5 Exhibit 2015-2020 Federal Health Strategic Plan, #6 Exhibit 2020-2025 Federal Health Strategic Plan, #7 Exhibit Patient Engagement Playbook, #8 Exhibit Affidavit of Claire Rebouche)(aty,Pugh, Lamar) |
| Filing 19 MOTION for David A. Carney to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5504709) by Willis-Knighton Medical Center. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/27/2023. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Pugh, Lamar) |
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Filing 18
ORDER granting #12 Motion to Appear Pro Hac Vice for appearance of Weining Bai for Jacqueline Horton. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/20/2023. (crt,Miletello, A)
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Filing 17
ORDER granting #11 Motion to Appear Pro Hac Vice for appearance of Foster C Johnson for Jacqueline Horton. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/20/2023. (crt,Miletello, A)
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Filing 16
ORDER granting #10 Motion to Appear Pro Hac Vice for appearance of David E Warden for Jacqueline Horton. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/20/2023. (crt,Miletello, A)
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Filing 15
ORDER granting #6 Motion for Extension of Time to Answer plaintiffs petition/complaint until ten days after the District Court rules on plaintiffs motion to remand. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/20/2023. (crt,Miletello, A)
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Filing 14
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 3/17/2023. (crt,Tice, Y)
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| Filing 13 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/17/2023. (jud,Perez-Montes, Joseph) |
| Filing 12 MOTION for Weining Bai to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5493359) by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/15/2023. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Herman, Stephen) |
| Filing 11 MOTION for Foster C Johnson to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5493333) by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/15/2023. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Herman, Stephen) |
| Filing 10 MOTION for David E Warden to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5493300) by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/15/2023. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Herman, Stephen) |
| Filing 9 NOTICE of Motion Setting regarding: #8 MOTION to Remand to State Court. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Miletello, A) |
| Filing 8 MOTION to Remand to State Court by Jacqueline Horton. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/14/2023. (Attachments: #1 Memorandum / Brief in Support of Motion to Remand, #2 Exhibit 1 - Doe v. Cape Cod Hosp. Docket, #3 Exhibit 2 - WKHS Website (post-Suit) (Pixel Helper))(aty,Herman, Stephen) |
| Filing 7 RESPONSE TO REMOVAL ORDER by Willis-Knighton Medical Center . (Attachments: #1 State court petition, #2 Plaintiff's Request for Production, #3 Plaintiff's Request for Admission, #4 Plaintiff's Interrogatories, #5 Plaintiff's Preliminary Motion for Class Certification and Brief in Support thereof, #6 State court return of service Petition, #7 State court return of service Preliminary Motion for Class Certification, #8 State court notice of filing)(aty,Pugh, Lamar) |
| Filing 6 Ex Parte MOTION for Extension of Time to File Answer with consent by Willis-Knighton Medical Center. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/14/2023. (Attachments: #1 Proposed order)(aty,Pugh, Lamar) |
| Filing 5 EXHIBIT Civil Cover Sheet attachment re #1 Notice of Removal by Willis-Knighton Medical Center. Clerk re-filed document as document was filed in wrong case (5:23-cv-314) after the transfer to Alexandria Division (1:23-cv-314). (crt,Miletello, A) |
| Filing 4 PROPOSED REMOVAL ORDER. Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 3/8/2023. (crt,Miletello, A) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Willis-Knighton Medical Center. Clerk re-filed document as document was filed in wrong case (5:23-cv-314) after the transfer to Alexandria Division (1:23-cv-314). (crt,Miletello, A) |
| Filing 2 AMENDED Notice of Removal to remove jury demand by Willis-Knighton Medical Center. Amendment to #1 Notice of Removal. (crt,Miletello, A) |
| Filing 1 NOTICE of Removal from 10th Judicial District Court, Case Number C-93767-B (Filing fee $402, receipt number ALAWDC-5485100) filed by Willis-Knighton Medical Center. (Attachments: #1 Civil cover sheet, #2 State court petition, #3 State court citation, #4 State court return of service)(Attorney Lamar P Pugh added to party Willis-Knighton Medical Center(pty:dft))(aty,Pugh, Lamar) |
| DIVISIONAL TRANSFER of Old Case Number 5:23-cv-0314 from Shreveport Division to Alexandria Division. New Case Number 1:23-cv-0314. (crt,Miletello, A) |
| STATE COURT Service Returned Executed. Willis-Knighton Medical Center answer due 3/15/2023. ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #3 to Document #1, Notice of Removal. (crt,Miletello, A) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Joseph H L Perez-Montes. (crt,Miletello, A) |
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