Estate of Arthur Vidrich et al v. Continental Care and Rehabilitation Center et al
| Michelle Frances Sullivan, Estate of Arthur Vidrich, Emmett Waddell, Estate of Linda Sue Fabian, Estate of Diane M. Mulcahy and Estate of Donna Kelly |
| Sweetwater Care OPCO LLC, Continental Care and Rehabilitation Center doing business as Sweetwater Butte Opco, LLC., Kyle Shields, Does A-Z, David Merrell, Aaron Chesley, Sweetwater Care MT OPCO LLC, James Garnett, Sweetwater Investment Management, LLC doing business as Sweetwater Private Equity and Sweetwater Care Resource, LLC |
| 2:2021cv00001 |
| January 6, 2021 |
| US District Court for the District of Montana |
| Brian Morris |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 4, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 59 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Settlement Conference held on 3/3/2021. (Law Clerk: S. Carmack), (SLL) |
Filing 58
ORDER: Before the Court is the parties #57 joint motion requesting that the Court vacate the hearing scheduled for February 22, 2021 pursuant to its Order dated February 12, 2021 (Doc.47 as revised by the Order of February 17 (Doc 52)). The parties also jointly request that the Scheduling Conference set for February 22, 2021 be vacated. For good cause shown, IT IS ORDERED that the hearing on the Plaintiffs' Motion to Remand and the Scheduling Conference set for February 22, 2021 are vacated until further Order of the Court. Signed by Judge Brian Morris on 2/18/2021. (ACC)
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| Filing 57 MOTION to Vacate #47 Order on Motion to Stay, #52 Order on Motion for Hearing, 51 Order Vacating, Order Setting Robert M. Carlson appearing for Defendants Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC (Attachments: #1 order unopposed joint motion) (Carlson, Robert) |
| Filing 56 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Scheduling Conference held on 2/17/2021. (SLL) |
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Filing 55
Order: Settlement Conference is set for 3/3/2021 at 09:00 AM by ZOOM before Magistrate Judge John Johnston. The Court will provide the parties with the Zoom log-in link. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Magistrate Judge John Johnston on 2/17/2021. (MMS)
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Filing 54
Order: Judge Johnston will conduct a telephonic scheduling call on February 17, 2021 at 1:45 p.m. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 2/17/2021. (TLO)
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| Filing 53 MOTION for Settlement Conference Robert M. Carlson appearing for Defendants Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC (Attachments: #1 order unopposed joint motion) (Carlson, Robert) |
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Filing 52
ORDER granting #48 Motion ; For good cause shown, IT IS ORDERED that hearing on the Plaintiffs Motion to Remand set for February 22, 2021, shall be conducted using video technology with the Court and all parties appearing remotely by video. Signed by Judge Brian Morris on 2/17/2021. (TLO) Modified on 2/17/2021 to reflect Order emailed to IT and C. Grady in Butte. (SLR).
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Filing 51
TEXT Order RESETTING: IT IS HEREBY ORDERED that the Preliminary Pretrial Conference is reset for 2/22/2021 at 01:00 PM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 2/16/2021. (SLL)
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| Filing 50 NOTICE by Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Investment Management, LLC re #30 MOTION to Remand to State Court DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING PLAINTIFFS MOTION TO REMAND (Attachments: #1 Exhibit A, #2 Exhibit B) (West, Michael) |
| Filing 49 NOTICE by Continental Care and Rehabilitation Center re #30 MOTION to Remand to State Court DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING PLAINTIFFS MOTION TO REMAND (Attachments: #1 Exhibit A, #2 Exhibit B) (West, Michael) |
| Filing 48 MOTION for Hearing re #47 Order on Motion to Stay, Robert M. Carlson appearing for Defendants Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC (Attachments: #1 Proposed Order - Unopposed Joint Motion) (Carlson, Robert) |
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Filing 47
ORDER: IT IS ORDERED that Plaintiffs #32 Motion to Stay Proceedings is GRANTED pending the Courts ruling on Plaintiffs Motion to Remand to state court. At the upcoming motion hearing scheduled for February 22, 2021, the Court will hear argument on Plaintiffs #30 Motion to Remand, rather than on Defendants #17 and #24 Motions to Dismiss as originally scheduled. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 2/11/2021. (SLR)
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| Filing 46 Brief/Memorandum in Support re #45 MOTION to Dismiss for Lack of Jurisdiction filed by Sweetwater Investment Management, LLC. (Cole, William) |
| Filing 45 MOTION to Dismiss for Lack of Jurisdiction William P. Cole appearing for Defendant Sweetwater Investment Management, LLC (Cole, William) |
| Filing 44 REPLY to Response to Motion re #30 MOTION to Remand to State Court filed by Estate of Arthur Vidrich, Estate of Diane M. Mulcahy, Estate of Donna Kelly, Estate of Linda Sue Fabian, Michelle Frances Sullivan, Emmett Waddell. (Attachments: #1 Lyons v. Cucumber Holdings_ 2021 U.S. Dist. LEXIS 20838, #2 Dupervil v. All. Health Operations_ LLC_ 2021 U.S. Dist) (Heenan, John) |
| Filing 43 Submission of Proposed Order re: #32 MOTION to Stay re #24 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Lack of Jurisdiction . (Heenan, John) |
| Filing 42 Notice of Joinder by Sweetwater Investment Management, LLC re: #41 Response to Motion,, (Cole, William) |
| Filing 41 RESPONSE to Motion re #30 MOTION to Remand to State Court Defendants' Opposition to Plaintiffs' Motion to Remand to State Court filed by Aaron Chesley, Continental Care and Rehabilitation Center. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14) (West, Michael) |
| Filing 40 RESPONSE to Motion re #32 MOTION to Stay re #24 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Lack of Jurisdiction filed by Sweetwater Investment Management, LLC. (Adams, Chad) |
| Filing 39 RESPONSE to Motion re #32 MOTION to Stay re #24 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Lack of Jurisdiction filed by Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC. (Carlson, Robert) |
| Filing 38 AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Aaron Chesley, Continental Care and Rehabilitation Center, Does A-Z, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Investment Management, LLC, filed by Michelle Frances Sullivan, Estate of Arthur Vidrich. (Heenan, John) |
| Filing 37 Document sealed by clerk's office; do not link to this document.AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Aaron Chesley, Continental Care and Rehabilitation Center, Does A-Z, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Investment Management, LLC, filed by Michelle Frances Sullivan, Estate of Arthur Vidrich. (Heenan, John) Modified on 1/27/2021 Cnsl Heenan's office called and stated the doc filed had their notes on it, document sealed counsel directed to refile (ACC). Modified on 1/27/2021 (ACC). |
| Filing 36 NOTICE of Acknowledgment of Pro Hac Vice Order by Sweetwater Investment Management, LLC re #21 Order on Motion to Appear Pro Hac Vice,,,,, (Sugden, David) |
| Filing 35 NOTICE of Acknowledgment of Pro Hac Vice Order by Sweetwater Investment Management, LLC re #21 Order on Motion to Appear Pro Hac Vice,,,,, (Cole, William) |
| Filing 34 Remark: Attorney William Cole is now a registered user. (MMS) |
| Remark; Attorney David Sugden is now a registered user (TLO) |
| Remark: Maria Dwyer is now a registered CM/ECF electronic user. (SLR) |
| Filing 33 Brief/Memorandum in Support re #32 MOTION to Stay re #24 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Lack of Jurisdiction filed by Estate of Arthur Vidrich, Michelle Frances Sullivan. (Attachments: #1 Exhibit Parkside v. Travelers - Order) (Heenan, John) |
| Filing 32 MOTION to Stay re #24 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Lack of Jurisdiction John C. Heenan appearing for Plaintiffs Estate of Arthur Vidrich, Michelle Frances Sullivan (Heenan, John) |
| Filing 31 Brief/Memorandum in Support re #30 MOTION to Remand to State Court filed by Estate of Arthur Vidrich, Michelle Frances Sullivan. (Heenan, John) |
| Filing 30 MOTION to Remand to State Court John C. Heenan appearing for Plaintiffs Estate of Arthur Vidrich, Michelle Frances Sullivan (Heenan, John) |
| Filing 29 NOTICE of Acknowledgment of Pro Hac Vice Order by Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC re #9 Order on Motion to Appear Pro Hac Vice,,,,, (Carlson, Robert) |
| Filing 28 NOTICE of Acknowledgment of Pro Hac Vice Order by Aaron Chesley, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC re #9 Order on Motion to Appear Pro Hac Vice,,,,, (Carlson, Robert) |
| Remark: Counsel Michael West is now a registered electronic CM/ECF user. (ACC) |
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Filing 27
TEXT ORDER Re-Setting Hearing on Motion #17 MOTION to Dismiss for Lack of Jurisdiction , #24 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing is reset for 2/22/2021 at 01:00 PM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 1/14/2021. (SLL)
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Filing 26
TEXT ORDER Setting Hearing on Motion #17 MOTION to Dismiss for Lack of Jurisdiction , #24 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 2/24/2021 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 1/14/2021. (SLL)
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| Filing 25 Brief/Memorandum in Support re #24 MOTION to Dismiss for Lack of Jurisdiction filed by Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC. (Attachments: #1 Advisory op 3-10-20, #2 8-11-20 DHHS Gen. Co. Ltr, #3 Advisory Op. 20-04, #4 advisory Op 21-01, #5 4th amend to Dec PREP, #6 Center for Med. Complaint Survey 3-5-20, #7 CMS COVID -19 Em Prep. Compl. Survey 8-06-20, #8 CMS COVID-19 Focused infect control survey 5-06-20, #9 CMS offsite revisit survey 9-02-20, #10 CMC offiiste revisit survey 10-22-20, #11 MT 2020-03-15 Governor Directive) (Carlson, Robert) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction Robert M. Carlson appearing for Defendants Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC (Carlson, Robert) |
| Filing 23 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel David Sugden re CM/ECF registration. Letter mailed to Counsel Sugden. (ACC) |
| Filing 22 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel William P. Cole re CM/ECF registration. Letter mailed to Counsel Cole. (ACC) |
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Filing 21
ORDER: Defendant Sweetwater Investment Management, LLC (SIM, LLC)has moved for an order allowing William P. Cole, Esq., and David Sugden, Esq. to appear pro hac vice in this case with Chad Adams, Esq., designated as local counsel. The applications of Mr. Cole and Mr. Sugden appear to be in compliance with L.R. 83.1(d). IT IS ORDERED: SIM, LLC's { #19 , #20 motions to allow Mr. Cole and Mr. Sugden to appear on their behalf (Docs. 19 and 20) are GRANTED, subject to the following conditions: **SEE ORDER FOR DETAILS**. Signed by Judge Brian Morris on 1/13/2021. (ACC)
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| Filing 20 MOTION David Sugden to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2600124.) Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC (Attachments: #1 Declaration of David Sugden, #2 Proposed Order) (Adams, Chad) |
| Filing 19 MOTION William P. Cole to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2600123.) Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC (Attachments: #1 Declaration of William Cole, #2 Proposed Order) (Adams, Chad) |
| Filing 18 Brief/Memorandum in Support re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Sweetwater Investment Management, LLC. (Attachments: #1 Declaration of Brent Granado) (Adams, Chad) |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC (Adams, Chad) |
| Filing 16 SEALED - FILED IN WRONG CASE. MOTION to Dismiss for Lack of Jurisdiction Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC (Adams, Chad) Modified on 1/13/2021 to seal this document, as it was filed in the wrong case. (SLR). |
| Filing 15 Corporate Disclosure Statement by Sweetwater Investment Management, LLC. (Adams, Chad) |
| Filing 14 Remark: State Court Documents received in electronic form no hard copies kept in clerks office. (MMS) |
| Filing 13 COMPLAINT AND DEMAND FOR JURY TRIAL (STATE COURT) against All Defendants. (MMS) |
| Filing 12 NOTICE re #1 Notice of Removal, Montana Second Judicial District Court, Silver Bow County, consisting of: (Attachments: #1 Certification, #2 Cover Letter) (MMS) |
| Filing 11 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Maria Dwyer re CM/ECF registration. Letter mailed to Counsel Dwyer. (ACC) |
| Filing 10 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Michael West re CM/ECF registration. Letter mailed to Counsel West. (ACC) |
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Filing 9
ORDER: Defendants have moved for an order allowing Michael P. West, Esq., and Maria F. Dwyer, Esq. to appear pro hac vice in this case with Robert M. Carlson, Esq., designated as local counsel. The applications of Mr. West and Ms. Dwyer appear to be in compliance with L.R. 83.1(d). IT IS ORDERED: Defendants' #3 and #4 motions to allow Mr. West and Ms. Dwyer to appear on their behalf are GRANTED, subject to the following conditions: **SEE ORDER FOR FULL DETAILS**. Signed by Judge Brian Morris on 1/8/2021. (ACC)
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| Filing 8 Corporate Disclosure Statement by Sweetwater Care Resource, LLC. (Carlson, Robert) |
| Filing 7 Corporate Disclosure Statement by Sweetwater Care OPCO LLC. (Carlson, Robert) |
| Filing 6 Corporate Disclosure Statement by Sweetwater Care MT OPCO LLC. (Carlson, Robert) |
| Filing 5 Corporate Disclosure Statement by Continental Care and Rehabilitation Center. (Carlson, Robert) |
| Filing 4 MOTION Maria F. Dwyer to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2597745.) Robert M. Carlson appearing for Defendants Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Investment Management, LLC (Attachments: #1 Affidavit of Maria Dwyer, #2 Proposed Unopposed Order) (Carlson, Robert) |
| Filing 3 MOTION Michael P. West to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2597665.) Robert M. Carlson appearing for Defendants Aaron Chesley, Continental Care and Rehabilitation Center, James Garnett, David Merrell, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Investment Management, LLC (Attachments: #1 Michael West Affidavit, #2 Unopposed proposed order) (Carlson, Robert) |
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Filing 2
PRELIMINARY PRETRIAL CONFERENCE ORDER; Preliminary Pretrial Statement due by 2/10/2021. Joint Discovery Plan due by 2/10/2021. Statement of Stipulated Facts due by 2/10/2021. Telephonic Pretrial Conference set for 2/17/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 1/7/2021. (TLO)
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| Filing 1 NOTICE OF REMOVAL from MT Second Judicial District Court, Silver Bow County, case number DV-20-394. (Attachments: #1 Exhibit A - State Court Complaint, #2 Civil Cover Sheet) (ACC) |
| Filing fee: $ 402.00, receipt number 0977-2596754 (ACC) |
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