Medley v. Scenic Nursing and Rehabilitation Center, LLC et al
Plaintiff: Debra Medley
Defendant: Scenic Nursing and Rehabilitation Center, LLC and Aurora Cares, LLC doing business as Tara Cares
Case Number: 4:2023cv01062
Filed: August 23, 2023
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Audrey G Fleissig
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332 Diversity-Medical Malpractice
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2023 Filing 26 Electronic Notice re: Disclosure Statement to Plaintiff Debra Medley - SECOND NOTICE. 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 and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (KJS)
September 27, 2023 Filing 25 RULE 16 ORDER This case is assigned to Track: TRACK 2: STANDARD Joint Scheduling Plan due by 10/23/2023. Rule 16 Conference set for 10/30/2023 02:30 PM in Zoom Video Conference before Sr. District Judge Audrey G. Fleissig.. Signed by Sr. District Judge Audrey G. Fleissig on 9/27/23. (KJS)
September 27, 2023 Opinion or Order Filing 24 ORDER - IT IS HEREBY ORDERED that, upon consent of the parties, the claims against Aurora Cares, LLC d/b/a Tara Cares are DISMISSED without prejudice. (Aurora Cares, LLC terminated.). Signed by Sr. District Judge Audrey G. Fleissig on 9/27/23. (KJS)
September 22, 2023 Filing 23 JOINT NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT AURORA CARES, LLC d/b/a TARA CARES ONLY re #18 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support by Plaintiff Debra Medley. (Terry, David) Modified on 9/25/2023 (CBL).
September 14, 2023 Filing 22 ENTRY of Appearance by Jonathan McCrary for Defendant Aurora Cares, LLC. (McCrary, Jonathan)
September 14, 2023 Filing 21 ENTRY of Appearance by Jonathan McCrary for Defendant Scenic Nursing and Rehabilitation Center, LLC. (McCrary, Jonathan)
September 12, 2023 Filing 20 SUPPLEMENTAL re #18 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support re: Attachment to Affidavit Exhibits by Defendant Aurora Cares, LLC. (Strum, Stephen)
September 8, 2023 Filing 19 ANSWER to Complaint and Affirmative Defenses by Scenic Nursing and Rehabilitation Center, LLC.(Strum, Stephen)
September 8, 2023 Filing 18 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support by Defendant Aurora Cares, LLC. (Attachments: #1 Exhibit A - Affidavit of Cynthia Sander, #2 Exhibit B - Affidavit of Tina Alexander)(Strum, Stephen)
September 8, 2023 Filing 17 ENTRY of Appearance by Stephen M. Strum for Defendant Scenic Nursing and Rehabilitation Center, LLC. (Strum, Stephen)
September 8, 2023 Filing 16 ENTRY of Appearance by Stephen M. Strum for Defendant Aurora Cares, LLC. (Strum, Stephen)
September 1, 2023 Opinion or Order Filing 15 ORDER TO SHOW CAUSE. (See Full Order.) IT IS HEREBY ORDERED that on or before September 8, 2023, Defendants shall file their answers or other appropriate responses to the complaint. Failure to comply may result in the Court directing Plaintiff to file motions for entry of default by the Clerk of Court under Federal Rule of Civil Procedure 55(a) and, if appropriate, motions for default judgment under Rule 55(b). (Show Cause Response due by 9/8/2023.) Signed by Sr. District Judge Audrey G. Fleissig on 9/1/2023. (CBL)
August 31, 2023 Filing 14 Electronic Notice re: Disclosure Statement to Plaintiff Debra Medley. 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 and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (KJS)
August 28, 2023 Filing 13 NOTICE of Filing Deficiency re #12 Notice of Filing Notice of Removal filed by Defendants Aurora Cares, LLC, Scenic Nursing and Rehabilitation Center, 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: The attorney's signature on the signature block must match the name of the e-filer. This is an informational notice and no further action is needed at this time. All future filings must be in compliance with this rule. (CBL)
August 25, 2023 Filing 12 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Aurora Cares, LLC, Scenic Nursing and Rehabilitation Center, LLC Sent To: State Court - Executed (Strum, Stephen)
August 24, 2023 Filing 11 Petition (Removal/Transfer) Received From: Jefferson County Circuit Court, filed by Debra Medley.(JWD)
August 24, 2023 Filing 10 AMENDED DISCLOSURE STATEMENT by Scenic Nursing and Rehabilitation Center, LLC, D&N, LLC, DTD HC, LLC, Norbert A. Bennett, the Norbert A. Bennett Children's Trust, the Norbert A. Bennett Grand-Children's Trust, Donald T. Denz and the Donald T. Denz Irrevocable Trust. (Strum, Stephen) Modified on 8/25/2023 (CBL).
August 24, 2023 Filing 9 AMENDED DISCLOSURE STATEMENT by Aurora Cares, LLC, D&N, LLC, DTD HC, LLC, Norbert A. Bennett, the Norbert A. Bennett Children's Trust, the Norbert A. Bennett Grand-Children's Trust, Donald T. Denz and the Donald T. Denz Irrevocable Trust. (Strum, Stephen) Modified on 8/25/2023 (CBL).
August 24, 2023 Filing 8 NOTICE of Filing Deficiency re #4 Disclosure Statement, #5 Disclosure Statement filed by Defendants Aurora Cares, LLC, Scenic Nursing and Rehabilitation Center, 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: Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) but, did not identify the name and citizenship and principal place of business of every individual or entity whose citizenship is attributed to that party or intervenor, including all members, sub-members, general and limited partners, and corporations. The Disclosure Statement must be refiled. (CBL)
August 24, 2023 Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. 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). (JWD)
August 23, 2023 Filing 7 NOTICE of Filing Deficiency re #4 Disclosure Statement, #5 Disclosure Statement. 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: Disclosure Statement not filed on court provided form as now required by Local Rule 2.09 Disclosure Statement. This deficiency must be filed in the case record immediately. (JWD)
August 23, 2023 Filing 6 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Aurora Cares, LLC, Scenic Nursing and Rehabilitation Center, LLC Sent To: Plaintiff (Attachments: #1 Exhibit Notice of Removal)(Strum, Stephen)
August 23, 2023 Filing 5 DISCLOSURE STATEMENT by Scenic Nursing and Rehabilitation Center, LLC. No corporate parents or affiliates identified. (Strum, Stephen)
August 23, 2023 Filing 4 DISCLOSURE STATEMENT by Aurora Cares, LLC. No corporate parents or affiliates identified. (Strum, Stephen)
August 23, 2023 Filing 3 DEMAND for Trial by Jury by Defendants Aurora Cares, LLC, Scenic Nursing and Rehabilitation Center, LLC. (Strum, Stephen)
August 23, 2023 Filing 2 ENTRY of Appearance by Stephen M. Strum for Defendants Aurora Cares, LLC, Scenic Nursing and Rehabilitation Center, LLC. (Strum, Stephen)
August 23, 2023 Filing 1 NOTICE OF REMOVAL from Jefferson County, MO, case number 23JE-CC00586, with receipt number AMOEDC-10121713, in the amount of $402 Jury Demand,, filed by Aurora Cares, LLC, Scenic Nursing and Rehabilitation Center, LLC. (Attachments: #1 Exhibit A - State Court File, #2 Civil Cover Sheet Exhibit B - Civil Cover Sheet, #3 Original Filing Form Original Filing Form)(Strum, Stephen)

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Plaintiff: Debra Medley
Represented By: David W. Terry
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Defendant: Scenic Nursing and Rehabilitation Center, LLC
Represented By: Stephen M. Strum
Represented By: Jonathan McCrary
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Defendant: Aurora Cares, LLC doing business as Tara Cares
Represented By: Stephen M. Strum
Represented By: Jonathan McCrary
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