NFS Leasing, Inc. v. SA Hospital Acquisition Group, LLC et al
| NFS Leasing, Inc. |
| SA HOSPITAL ACQUISITION GROUP, LLC, American Healthcare Systems, LLC and American Healthcare Systems Missouri, LLC |
| 4:2023cv00203 |
| February 20, 2023 |
| US District Court for the Eastern District of Missouri |
| Audrey G Fleissig |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
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| Summons Issued as to defendant SA Hospital Acquisition Group, LLC. The summons was emailed to counsel of record. (KJS) |
| Filing 44 NOTICE OF PROCESS SERVER by Plaintiff NFS Leasing, Inc. Process Server: Kevin Dunn (Brandywine Process Servers, LTD) (Attachments: #1 Summons SA Hospital Acquisition Group, LLC)(Scherck, Randall) |
| Filing 43 SECOND AMENDED COMPLAINT against defendant American Healthcare Systems Missouri, LLC, American Healthcare Systems, LLC, SA Hospital Acquisition Group, LLC, filed by NFS Leasing, Inc.(JMP) |
Filing 42
ORDER SETTING RULE 16 CONFERENCE - IT IS HEREBY ORDERED that: [see full order for details.] (Rule 16 Conference set for 5/31/2023 01:00 PM in Zoom Video Conference before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 4/12/2023. (JMP)
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Filing 41
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for leave to file a second amended complaint is GRANTED. ECF No. #32 . The Clerk of Court shall detach ECF No. #32 -1 and file it as Plaintiffs Second Amended Complaint. IT IS FURTHER ORDERED that Plaintiff shall promptly comply with any remaining service requirements under Federal Rule of Civil Procedure 4. IT IS FURTHER ORDERED that Defendants American Healthcare Systems Missouri, LLC and American Healthcare Systems, LLCs motion to set deadline or otherwise respond to complaint is GRANTED. ECF No. #37 . These Defendants shall have their requested 10 days from the date of this Order to respond to Plaintiff's second amended complaint. IT IS FURTHER ORDERED that the Court shall set a Rule 16 conference by separate Order. ( Response to Court due by 4/22/2023.) Signed by District Judge Audrey G. Fleissig on 4/12/2023. (JMP)
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| Filing 40 REPLY to Response to Motion re #32 MOTION for Leave to File Second Amended Verified Complaint for Replevin and Damages filed by Plaintiff NFS Leasing, Inc.. (Scherck, Randall) |
| Filing 39 MEMORANDUM in Opposition re #32 MOTION for Leave to File Second Amended Verified Complaint for Replevin and Damages filed by Defendant SA Hospital Acquisition Group, LLC. (Attachments: #1 Exhibit 1)(Klein, Mayer) |
| Filing 38 NOTICE of Filing Deficiency *re #37 Consent* filed by Defendants American Healthcare Systems Missouri, LLC, American Healthcare Systems, LLC. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Counsel used the wrong filing event for this document. Docket entry modified and no further action needs to be taken. The correct event to use for future filings is "Motion for Extension of Time." (KJS) |
| Filing 37 MOTION to set deadline to Answer or Otherwise Respond to Complaint filed by Defendants American Healthcare Systems Missouri, LLC, American Healthcare Systems, LLC (Stoeberl, David) (Modified on 3/28/2023 to correct event) (KJS). |
| Filing 36 ENTRY of Appearance by Thomas H Riske for Defendant American Healthcare Systems, LLC. (Riske, Thomas) |
| Filing 35 ENTRY of Appearance by David P. Stoeberl for Defendant American Healthcare Systems, LLC. (Stoeberl, David) |
| Filing 34 ANSWER to #12 Amended Complaint,, by SA Hospital Acquisition Group, LLC.(Klein, Mayer) |
| Filing 33 DISCLOSURE STATEMENT by Defendants American Healthcare Systems Missouri, LLC, American Healthcare Systems Corp. Inc... (Stoeberl, David) |
| Filing 32 MOTION for Leave to File Second Amended Verified Complaint for Replevin and Damages by Plaintiff NFS Leasing, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Red-Line)(Scherck, Randall) |
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Filing 31
ORDER - IT IS HEREBY ORDERED that Plaintiff shall promptly file a motion for leave to amend the complaint together with a marked draft of the proposed amended complaint that complies with Federal Rule of Civil Procedure 15 and Local Rule 4.07, as amended effective March 1, 2023. IT IS FURTHER ORDERED that the Clerk of Court shall re-docket ECF No. #29 as Plaintiffs proposed second amended complaint. Signed by District Judge Audrey G. Fleissig on 3/16/23. (KJS)
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| Filing 30 DISCLOSURE STATEMENT by Defendant SA Hospital Acquisition Group, LLC. No corporate parents or affiliates identified. (Klein, Mayer) |
| Filing 29 PLAINTIFF'S PROPOSED SECOND AMENDED COMPLAINT (SECOND) against defendant NFS Leasing, Inc. Amendment to #12 Amended Complaint,, No Summons(es) issued, Waivers issued No, Consents issued No, Non-Jury demand, (SECOND), filed by NFS Leasing, Inc.. Related document: #12 Amended Complaint,, filed by NFS Leasing, Inc.. (Attachments: #1 Exhibit A - Master Lease 2021-0233, #2 Exhibit B - Leased Equipment Value, #3 Exhibit C - 1-UCC1, #4 Exhibit D - Security Agreement, #5 Exhibit E - UCC1 Security Agreement, #6 Exhibit F - Tri-Party Agreement)(Scherck, Randall) Modified on 3/16/2023 (KJS). |
| Filing 28 Electronic Notice of Noncompliance as to Defendant SA Hospital Acquisition Group, LLC. Review of this case shows your Disclosure Statement was filed incorrectly. You must refile the Disclosure Statement,listing all required members/individuals or entities with their states of citizenship on the form and then add all corporate parents, affiliates, and LLC members to the system. Please review the recently revised Local Rule 2.09 and use the form adopted by this Court MOED-0001 (section 2) to complete and file your corrected disclosure. (CBL) |
| Filing 27 DISCLOSURE STATEMENT by Defendant SA Hospital Acquisition Group, LLC. No corporate parents or affiliates identified. (Klein, Mayer) |
| Filing 26 Electronic Notice re: Disclosure Statement to Defendants American Healthcare Systems Missouri, LLC, SA Hospital Acquisition Group, LLC. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible # (moed-0001.pdf). (KJS) |
| Filing 25 TRANSCRIPT of 17 (MOTION HEARING) held on February 28, 2023 before Judge Honorable Audrey G. Fleissig. Recorded on Zoom. Transcriber Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 6/1/2023. (CBL) |
| Filing 24 TRANSCRIPT ORDER REQUEST for 17 (MOTION HEARING) by NFS Leasing, Inc.. (Scherck, Randall) Forwarded to court reporter on 3/6/2023 (CLH). |
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Filing 23
STIPULATED ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion for Prejudgment Writ of Attachment is DENIED as outlined in the Court's corresponding Order conditioned upon and subject to the Parties agreeing to the following: [see full order for details.] Signed by District Judge Audrey G. Fleissig on 3/2/2023. (Attachments: #1 Exhibit Exhibit A)(JMP)
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| Filing 22 NOTICE by Plaintiff NFS Leasing, Inc. Stipulated Proposed Order (Attachments: #1 Exhibit A)(Scherck, Randall) |
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Filing 21
Docket Text ORDER: Re: #18 MOTION to Withdraw #16 Entry of Appearance for Defendants American Healthcare Systems, LLC and American Healthcare Systems Missouri, LLC by Defendant SA Hospital Acquisition Group, LLC. (Klein, Mayer) filed by SA Hospital Acquisition Group, LLC ; ORDERED GRANTED. Attorney Mayer S. Klein terminated. Signed by District Judge Audrey G. Fleissig on 3/1/2023. (JMP)
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| Filing 20 ENTRY of Appearance by Kiran Kathleen Jeevanjee for Plaintiff NFS Leasing, Inc.. (Jeevanjee, Kiran) |
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Filing 19
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for a prejudgment writ of attachment is DENIED, subject to the parties entering and filing a signed agreement that provides for Defendants facilitating Plaintiff's full inspection of property owned by Plaintiff or in which Plaintiff has a security interest, within 72 hours or such other time frame as the parties agree, and for Defendant's taking no action to transfer, or allow any other entity to transfer, the above-described property without full disclosure to Plaintiff and to safeguard Plaintiff's interest in such property during the pendency of this litigation. ECF No. #2 . Signed by District Judge Audrey G. Fleissig on 2/28/2023. (JMP)
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| Filing 18 MOTION to Withdraw #16 Entry of Appearance for Defendants American Healthcare Systems, LLC and American Healthcare Systems Missouri, LLC by Defendant SA Hospital Acquisition Group, LLC. (Klein, Mayer) |
| Filing 17 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 2/28/2023 re #2 MOTION for Writ of Attachment (Prejudgment) filed by NFS Leasing, Inc. Matter will be taken under submission. Order to be issued. (proceedings started: 10:00 am) (proceedings ended: 11:56 am) (Recorded on Zoom by: JParker)(Appearance for Plaintiff: Randall F. Scherck/Kiran Jeevanjee)(Appearance for Defendant: Mayer S. Klein/Thomas H Riske /David P. Stoeberl) (JMP) |
| Filing 16 ENTRY of Appearance by Mayer S. Klein for Defendants American Healthcare Systems Missouri, LLC, American Healthcare Systems, LLC, SA Hospital Acquisition Group, LLC. (Klein, Mayer) |
| Filing 15 ENTRY of Appearance by David P. Stoeberl for Defendant American Healthcare Systems Missouri, LLC. (Stoeberl, David) |
| Filing 14 ENTRY of Appearance by Thomas H Riske for Defendant American Healthcare Systems Missouri, LLC. (Riske, Thomas) |
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Filing 13
ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for an immediate ex parte hearing on the motion for prejudgment writ of attachment as against Defendant SA Hospital Acquisition Group, LLC is GRANTED. ECF No. #10 . An ex parte hearing on Plaintiffs motion (ECF No. 2) for prejudgment writ of attachment as against Defendant SA Hospital Acquisition Group, LLC will be held on Tuesday, February 28, 2023 at 10:00 a.m. The hearing will take place by Zoom. Hearing participants are directed to use the following Zoom log in information: Meeting ID: 161 444 0464; Password: 973200. Members of the general public who wish to listen to the hearing are directed to call 1-669-254-5252; Meeting ID: 161 444 0464. All participants are directed to add their name (right click and select Rename) to their profile upon entering the Zoom hearing. Non-case participants must remain muted throughout the entire proceedings. Pursuant to Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited in any courtroom, and in areas adjacent to any courtroom, except when authorized by the presiding judge. This includes proceedings ordered by the Court to be conducted by phone or video. ( Motion Hearing set for 2/28/2023 10:00 AM in Zoom Video Conference before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 2/27/2023. (JMP)
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| Filing 12 AMENDED COMPLAINT (FIRST) against defendant All Defendants,Terminating NFS Leasing, Inc. Amendment to #1 Complaint,, No Summons(es) issued, Waivers issued No, Consents issued No, Non-Jury demand, (FIRST), filed by NFS Leasing, Inc.. Related document: #1 Complaint,, filed by NFS Leasing, Inc.. (Attachments: #1 Exhibit A - Master Lease, #2 Exhibit B - UCC1, #3 Exhibit C - Security Agreement, #4 Exhibit D - UCC! Security Agreement, #5 Exhibit E - Tri Party Agreement, #6 Exhibit F - Notice of Default)(Scherck, Randall) |
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Filing 11
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, within seven (7) days from the date of this Order, Plaintiff shall file an amended complaint that alleges facts establishing the citizenship of each party. If Plaintiff fails to timely and fully comply with this Order, this matter may be dismissed without prejudice for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that the Court will not consider Plaintiff's motion (ECF No. #10 ) for an immediate ex parte hearing on its motion for prejudgment writ of attachment, and will not schedule any such hearing, until Plaintiff has established that the Court has subject matter jurisdiction. Signed by District Judge Audrey G. Fleissig on 2/22/2023. (CLH)
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| Filing 10 MOTION for Hearing re #5 Notice of Filing Exhibit, #4 Notice of Filing Exhibit, #2 MOTION for Writ of Attachment (Prejudgment) by Plaintiff NFS Leasing, Inc.. (Scherck, Randall) |
| Filing 9 NOTICE OF PROCESS SERVER by Plaintiff NFS Leasing, Inc. Process Server: The Wesley Group, Inc. (Scherck, Randall) |
| Filing 8 NOTICE OF PROCESS SERVER by Plaintiff NFS Leasing, Inc. Process Server: Pente Legal Solutions (Scherck, Randall) |
| Filing 7 NOTICE OF PROCESS SERVER by Plaintiff NFS Leasing, Inc. Process Server: The Wesley Group, Inc. (Scherck, Randall) |
| Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. 3 Summons(es) issued and emailed to Randall F. Scherck. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). (JBH) |
| Filing 6 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff NFS Leasing, Inc.. No corporate parents or affiliates identified. (Scherck, Randall) |
| Filing 5 SUPPLEMENTAL Exhibit B-1 by Plaintiff NFS Leasing, Inc. re #2 MOTION for Writ of Attachment (Prejudgment) (Scherck, Randall) |
| Filing 4 SUPPLEMENTAL Exhibit B by Plaintiff NFS Leasing, Inc. re #2 MOTION for Writ of Attachment (Prejudgment) (Scherck, Randall) |
| Filing 3 NOTICE by Plaintiff NFS Leasing, Inc. of Writ of Attachment (Attachments: #1 Exhibit A, #2 Exhibit B)(Scherck, Randall) |
| Filing 2 MOTION for Writ of Attachment (Prejudgment) by Plaintiff NFS Leasing, Inc.. (Attachments: #1 Exhibit A - Memorandum in Support, #2 Exhibit C - Proposed Order)(Scherck, Randall) |
| Filing 1 COMPLAINT FOR REPLEVIN AND DAMAGES against defendant All Defendants with receipt number AMOEDC-9791947, in the amount of $402 Non-Jury Demand,, filed by NFS Leasing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet, #8 Original Filing Form, #9 Summons SA Hospital Acquisition Group, LLC, #10 Summons American Healthcare Systems, LLC, #11 Summons American Healthcare Systems Missouri, LLC)(Scherck, Randall) |
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