White et al v. Irving Place Associates L P et al
| Michelle White and Ruby Summage |
| IRVING PLACE ASSOCIATES, LP D/B/A HIGHLAND PLACE REHAB & NURSING CENTER, Angela Hayes, Irving Place Associates L P doing business as Highland Place Rehab & Nursing Center and James Andrews |
| 5:2021cv02131 |
| July 21, 2021 |
| US District Court for the Western District of Louisiana |
| S Maurice Hicks |
| Mark L Hornsby |
| Personal Inj. Med. Malpractice |
| 42 U.S.C. § 247 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 MEMORANDUM in Opposition re #16 MOTION to Remand filed by James Andrews, Angela Hayes, Irving Place Associates L P. (Attachments: #1 Exhibit)(crt,Crick, S) |
Filing 20
ORDER granting #18 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Mark L Hornsby on 9/7/2021. (crt,Crick, S)
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| Filing 19 PROPOSED RESPONSE to Motion re #16 MOTION to Remand filed by James Andrews, Angela Hayes, Irving Place Associates L P. (Attachments: #1 PROPOSED Exhibit Memo Ruling)(aty,Couvillon, Sarah) Modified on 9/7/2021 to modify docket text to indicate as proposed. (Crick, S). |
| Filing 18 MOTION for Leave to File Excess Pages by James Andrews, Angela Hayes, Irving Place Associates L P. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/3/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Couvillon, Sarah) Modified on 9/7/2021 to indicate #19 PROPOSED Response submitted as separate document. (Crick, S). |
| Filing 17 NOTICE of Motion Setting regarding: #16 MOTION to Remand. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Whidden, C) |
| Filing 16 MOTION to Remand by Ruby Summage, Michelle White. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 8/23/2021. (Attachments: #1 Memorandum / Brief)(aty,Salim, Robert) |
| Filing 15 RESPONSE TO REMOVAL ORDER by James Andrews, Angela Hayes, Irving Place Associates L P . (Attachments: #1 Exhibit Miciotto 1st Letter to Clerk, #2 Exhibit Service Return (Highland), #3 Exhibit Service Return (Andrews), #4 Exhibit Miciotto 2nd Letter to Clerk, #5 Exhibit Notice of Removal)(aty,Couvillon, Sarah) |
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Filing 14
ELECTRONIC ORDER: This case was removed based on an assertion of federal question under the PREP Act, and the defendant filed a motion to dismiss. Plaintiff intends to file a motion to remand that challenges subject matter jurisdiction. The court must resolve jurisdictional issues before it addresses the merits. Accordingly, and with the consent of counsel, the deadline to file opposition to any pending motion to dismiss is extended until 21 days after the district judge enters a decision on subject matter jurisdiction. Signed by Magistrate Judge Mark L Hornsby on 8/12/2021. (crt,Rider, M)
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| Filing 13 NOTICE of Motion Setting regarding: #12 MOTION to Dismiss for Failure to State a Claim Plaintiffs' claims against James Andrews, or Alternatively MOTION to Compel Arbitration. Motions referred to Chief Judge S Maurice Hicks, Jr. (crt,Crick, S) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim Plaintiffs' claims against James Andrews, or Alternatively, MOTION to Compel Arbitration by James Andrews. (Attorney Sarah Spruill Couvillon added to party James Andrews(pty:dft))(aty,Couvillon, Sarah). Added MOTION to Compel Arbitration and modified docket text on 8/12/2021 (Crick, S). |
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Filing 11
ELECTRONIC ORDER: At the request of plaintiff, and with the consent of defendants, the deadline for plaintiff to file an opposition to the Motion to Dismiss #7 is extended until August 31, 2021. Signed by Magistrate Judge Mark L Hornsby on 8/3/2021. (crt,Rider, M)
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Filing 10
ELECTRONIC ORDER. Case reassigned to Chief Judge S Maurice Hicks, Jr and Magistrate Judge Mark L Hornsby. Judge Terry A Doughty, Magistrate Judge Kayla D McClusky no longer assigned to case. Approved by Chief Judge S Maurice Hicks, Jr on 8/2/2021. (crt,Whidden, C)
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| Filing 9 NOTICE of Motion Setting regarding: #6 MOTION to Dismiss For Failure to State a Claim Plaintiffs' claims against Defendants, or, Alternatively, MOTION to Compel Arbitration. Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 8/19/2021 (crt,Crick, S) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Irving Place Associates L P identifying Corporate Parents, Wellington Healthcare Services L P, Elkins Road Associates L L C, Andwell Investments L L C for Irving Place Associates L P. (aty,Couvillon, Sarah) Modified on 7/29/2021 to modify docket text. (Crick, S). |
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Filing 7
ORDER granting #5 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Kayla D McClusky on 7/29/2021. (crt,Crick, S)
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| Filing 6 MOTION to Dismiss For Failure to State a Claim Plaintiffs' claims against Defendants, or, Alternatively, Motion to Compel Arbitration by Angela Hayes, Irving Place Associates L P. Motions referred to Kayla D McClusky. (Attachments: #1 Memorandum / Brief, #2 Exhibit Petition for Damages, #3 Exhibit AO 20-01, #4 Exhibit AO 20-02, #5 Exhibit Letter from Charrow, #6 Exhibit HHS Guidance, #7 Exhibit AO 20-04, #8 Exhibit AO 21-01, #9 Exhibit Rachal Docket Report, #10 Exhibit JBE Proclamation, #11 Exhibit Arbitration Agreement)(aty,Couvillon, Sarah). Added MOTION to Compel Arbitration and modified docket text on 7/29/2021 (Crick, S). Modified on 7/29/2021 to modify docket text. (Crick, S). |
| Filing 5 MOTION for Leave to File Excess Pages re #6 Motion to Dismiss for Failure to State a Claim, or, Alternatively, Motion to Compel Arbitration by Angela Hayes, Irving Place Associates L P. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/28/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Couvillon, Sarah) Modified on 7/29/2021 to create docket entry relationship & indicate #6 Proposed pleadings submitted as separate document. (Crick, S). |
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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 Kayla D McClusky on 7/27/2021. (crt,Leday, A)
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| Filing 3 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 7/26/2021. (crt,Crick, S) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal sent to Sarah Spruill Couvillon on behalf of Irving Place Associates L P. Corporate Disclosure Statement due by 8/9/2021. (crt,Crick, S) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Crick, S) |
| STATE COURT Service Returned Executed. Angela Hayes answer due 7/28/2021. ADMINISTRATIVE ENTRY. The PDF image can be found in Attachment #3 to #1 Notice of Removal. (crt,Crick, S) |
| NOTICE of Corrective Action to Sarah Spruill Couvillon on behalf of Angela Hayes, Irving Place Associates L P regarding #1 Notice of Removal. Action taken: Modified to remove jury demand from docket entry and court's docket since jury demand was not reflected in pleading filed. (crt,Crick, S) |
| Filing 1 NOTICE of Removal from 1st JDC Caddo Parish, Case Number 630516-A; (Filing fee $402, receipt number ALAWDC-4747663) filed by Irving Place Associates L P, Angela Hayes. (Attachments: #1 Civil cover sheet, #2 Exhibit Petition for Damages, #3 Exhibit Service Return (Hayes), #4 Exhibit Charrow Letter, #5 Exhibit Affidavit of Fisher, RN)(Attorney Sarah Spruill Couvillon added to party Angela Hayes(pty:dft), Irving Place Associates L P)(aty,Couvillon, Sarah) Modified on 7/26/2021 to modify docket text. (Crick, S). (Attachment 1 replaced with non-fillable form on 7/26/2021) (Crick, S). Modified on 7/26/2021 to remove reference to jury demand since not contained in pleading. (Crick, S). |
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