Coleman et al v. Intensive Specialty Hospital L L C
Plaintiff: Prudence Coleman and Mandy R Coleman
Defendant: Intensive Specialty Hospital L L C doing business as Intensive Specialty Hospital Bossier City doing business as Intensive Specialty Hospital Shreveport
Case Number: 5:2021cv00370
Filed: February 11, 2021
Court: US District Court for the Western District of Louisiana
Presiding Judge: S Maurice Hicks
Referring Judge: Mark L Hornsby
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 42 U.S.C. § 247
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2021 Filing 18 MEMORANDUM in Opposition re #7 MOTION to Remand filed by Intensive Specialty Hospital L L C. (Attachments: #1 Exhibit 1 - Affidavit of Chaim Rottenberg with LLC membership documents, #2 Exhibit 2 - 85 Fed.Reg. 21012, #3 Exhibit 3 - DHHS Advisory Opinion 20-04, #4 Exhibit 4 - DHHS Advisory Opinion 21-01, #5 Exhibit 5 - Gilbert Garcia v. Welltower OpCo Group, LLC, No. 8:20-cv-02250-JVS-K, #6 Exhibit 7 - Pages 001-003 of ISH Medical Records, #7 Exhibit 8 - 86 Fed.Reg. 7872, #8 Exhibit 9 - HHS Secretary Declaration 85 Fed.Reg. 15198, #9 Exhibit 10 - Proclamation Number 25 JBE 2020, #10 Exhibit 11 - 85 Fed.Reg. 21012, #11 Exhibit 12 - U.S. FDA Combating COVID-19 With Medical Devices, #12 Exhibit 13 - CDC Interim Infection Prevention and Control Recommendations, #13 Exhibit 14 - CMS COVID-19 Long-Term Care Facility Guidance, #14 Exhibit 15 - Responding to Coronavirus in Nursing Homes, #15 Exhibit 16 - 85 Fed.Reg. 35101)(crt,Crick, S)
March 17, 2021 Opinion or Order Filing 17 ORDER granting #14 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Mark L Hornsby on 3/17/2021. (crt,Crick, S)
March 15, 2021 Filing 16 PROPOSED ORDER by Intensive Specialty Hospital L L C re #14 Motion for Leave to File Excess Pages. (aty,Pierret, Joseph) Modified on 3/15/2021 to edit text (Jones, P).
March 15, 2021 Filing 15 AMENDED NOTICE OF REMOVAL by Intensive Specialty Hospital L L C. Amendment to #1 Notice of Removal,, . (Attachments: #1 Exhibit A - Citation and Petition, #2 Exhibit B - Interrogatories and Requests for Production of Documents, #3 Exhibit C - Affidavit of Chaim Rottenberg with ISH, LLC membership documents, #4 Exhibit D - Gilbert Garcia v. Welltower OpCo Group, LLC, No. 8:20-cv-02250-JVS-KESx)(aty,Pierret, Joseph) Modified on 3/15/2021 to edit text (Jones, P).
March 15, 2021 Filing 14 MOTION for Leave to File Excess Pages, with consent by Intensive Specialty Hospital L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 3/15/2021. (Attachments: #1 Proposed pleading, #2 Proposed Exhibit 1 - Affidavit of Chaim Rottenberg with LLC membership documents, #3 Proposed Exhibit 2 - 85 Fed.Reg. 21012, #4 Proposed Exhibit 3 - DHHS Advisory Opinion 20-04, #5 Proposed Exhibit 4 - DHHS Advisory Opinion 21-01, #6 Proposed Exhibit 5 - Gilbert Garcia v. Welltower OpCo Group, LLC, No. 8:20-cv-02250-JVS-KESx, #7 Proposed Exhibit 7 - Pages 001-003 of ISH Medical Records, #8 Proposed Exhibit 8 - 86 Fed.Reg. 7872, #9 Proposed Exhibit 9 - HHS Secretary Declaration 85 Fed.Reg. 15198, #10 Proposed Exhibit 10 - Proclamation Number 25 JBE 2020, #11 Exhibit 11 - 85 Fed.Reg. 21012, #12 Proposed Exhibit 12 - U.S. FDA Combating COVID-19 With Medical Devices, #13 Proposed Exhibit 13 - CDC Interim Infection Prevention and Control Recommendations, #14 Proposed Exhibit 14 - CMS COVID-19 Long-Term Care Facility Guidance, #15 Proposed Exhibit 15 - Responding to Coronavirus in Nursing Homes, #16 Proposed Exhibit 16 - 85 Fed.Reg. 35101)(aty,Pierret, Joseph) Modified on 3/15/2021 to edit text and indicate proposed documents, but unable to indicate in description as text too long (Jones, P). Modified on 3/15/2021 to indicate SEE #16 Proposed Order (Jones, P).
March 8, 2021 Opinion or Order Filing 13 MEMORANDUM ORDER granting #9 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss. The deadline for Plaintiffs to file a memorandum in opposition to the motion to dismiss is extended until 14 days after the court issues a decision on the motion to remand.Defendant is granted an extension of time until March 15, 2021 to file its memorandum in opposition to the #7 Motion to Remand. It is also allowed until March 15, 2021 to file an amended notice of removal that addresses the diversity jurisdiction issues raised in this order. Signed by Magistrate Judge Mark L Hornsby on 3/8/2021. (crt,Reeves, T)
March 5, 2021 Filing 12 MEMORANDUM in Opposition re #9 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss MOTION to Stay re #5 MOTION to Dismiss filed by Intensive Specialty Hospital L L C. (aty,Pierret, Joseph)
March 4, 2021 Filing 11 MEMORANDUM in Opposition re #5 MOTION to Dismiss For Failure to State a Claim Intensive Specialty Hospital, LLC MOTION to Dismiss for Lack of Jurisdiction filed by Mandy R Coleman. (Attachments: #1 Exhibit, #2 Proposed order)(aty,Kosmitis, Georgia)
March 2, 2021 Filing 10 ELECTRONIC MINUTE ENTRY: re #9 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss MOTION to Stay re #5 MOTION to Dismiss filed by Mandy R Coleman, Set Deadlines/Hearing as to #9 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss MOTION to Stay re #5 MOTION to Dismiss : Opposition is due no later than 7 days from the filing of #9 Motion for Extension: (Opposition due by 3/8/2021). Signed by Chief Judge S Maurice Hicks, Jr on 3/2/2021. (crt,McDonnell, D)
March 1, 2021 Filing 9 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss For Failure to State a Claim Intensive Specialty Hospital, LLC MOTION to Dismiss for Lack of Jurisdiction with consent sought but not yet obtained , MOTION to Stay re #5 MOTION to Dismiss For Failure to State a Claim Intensive Specialty Hospital, LLC MOTION to Dismiss for Lack of Jurisdiction (Motion Ripe Deadline set for 3/1/2021.) by Mandy R Coleman. Motions referred to Mark L Hornsby. (Attachments: #1 Proposed order)(aty,Kosmitis, Georgia) Modified on 3/1/2021 (Jones, P).
March 1, 2021 Motions Transferred regarding #9 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss For Failure to State a Claim Intensive Specialty Hospital, LLC MOTION to Dismiss for Lack of Jurisdiction with consent sought but not yet obtained MOTION to Stay re #5 MOTION to Dismiss For Failure to State a Claim Intensive Specialty Hospital, LLC MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Chief Judge S Maurice Hicks, Jr. (crt,Jones, P)
February 23, 2021 Filing 8 NOTICE of Motion Setting regarding: #7 MOTION to Remand . Motions referred to Magistrate Judge Mark L Hornsby. (crt,Jones, P)
February 23, 2021 Filing 7 MOTION to Remand by Mandy R Coleman. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 2/23/2021. (Attachments: #1 Memorandum / Brief, #2 Plaintiffs Petition, #3 Advisory Opinion, #4 Proposed order)(aty,Kosmitis, Georgia) Modified on 2/23/2021 to edit text (Jones, P).
February 18, 2021 Filing 6 NOTICE of Motion Setting regarding: #5 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Chief Judge S Maurice Hicks, Jr. (crt,Crick, S)
February 18, 2021 Filing 5 MOTION to Dismiss For Failure to State a Claim Intensive Specialty Hospital, LLC, MOTION to Dismiss for Lack of Jurisdiction by Intensive Specialty Hospital L L C. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1 - ISH Medical Records Pages 001-003, #3 Exhibit 2 - 86 Fed.Reg 7872, #4 Exhibit 3 - HHS Advisory Opinion 20-04, #5 Exhibit 4 - Proclamation Number 25 JBE 2020, #6 Exhibit 5 - 85 Fed.Reg. 15198, #7 Exhibit 6 - 85 Fed.Reg. 21012, #8 Exhibit 7 - 85 Fed.Reg. 35100, #9 Exhibit 8 - HHS Advisory Opinion 20-01, #10 Exhibit 9 - 85 Fed.Reg. 79190, #11 Exhibit 10 - HHS Advisory Opinion 21-01, #12 Exhibit 11 - Proclamation Number 41 JBE 2020, #13 Exhibit 12 - FDA Combating COVID-19 with Medical Devices, #14 Exhibit 13 - CDC Infection Control and Prevention, #15 Exhibit 14 - CMS COVID-19 Long Term Facility Guidance, #16 Exhibit 15 - CDC Responding to COVID-19 in Nursing Homes, #17 Exhibit 16 - Garcia Decision)(aty,Pierret, Joseph)
February 12, 2021 Opinion or Order Filing 4 REMOVAL ORDER. Signed by Magistrate Judge Mark L Hornsby on 2/12/2021. (crt,Crick, S)
February 12, 2021 Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 2/12/2021. (crt,Crick, S)
February 11, 2021 Filing 2 CORPORATE DISCLOSURE STATEMENT by Intensive Specialty Hospital L L C. (aty,Pierret, Joseph)
February 11, 2021 Filing 1 NOTICE of Removal from 1st JDC Caddo Parish, Case Number 627695 (Filing fee $402, receipt number ALAWDC-4571000) filed by Intensive Specialty Hospital L L C. (Attachments: #1 Civil cover sheet, #2 State court petition Exhibit A - Citation and Petition, #3 Exhibit B - Interrogatories and Requests for Production of Documents, #4 Exhibit C - Affidavit of Chaim Rottenberg, #5 Exhibit D - Order)(Attorney Joseph Ryan Pierret added to party Intensive Specialty Hospital L L C(pty:dft))(aty,Pierret, Joseph) Modified on 2/11/2021 to modify docket text.(Crick, S).
February 11, 2021 CASE Assigned to Chief Judge S Maurice Hicks, Jr and Magistrate Judge Mark L Hornsby. (crt,Crick, S)

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Plaintiff: Prudence Coleman
Represented By: Georgia P Kosmitis
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Plaintiff: Mandy R Coleman
Represented By: Georgia P Kosmitis
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Defendant: Intensive Specialty Hospital L L C doing business as Intensive Specialty Hospital Bossier City doing business as Intensive Specialty Hospital Shreveport
Represented By: Joseph Ryan Pierret
Represented By: Marc W Judice
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