Estate of Alton Johnson, by and through Randall Johnson as Personal Representative et al v. Whitefish Care and Rehabilitation Center et al
| Debra Tatum, Estate of Verda Johnson, by and through Marcia Schlotfeldt as Personal Representative, Daniel Bell, Does A-Z, Estate of Adrian Leonard Kautman Sr., by and through Marie Moore as Personal Representative, Estate of Alison DeSmyter, by and through Kim Box as Personal Representative, Joan Marie Wilkins, Estate of Stanley Webber, by and through Dana Snyder as Personal Representative, Estate of Alton Johnson, by and through Randall Johnson as Personal Representative, Estate of Berton Pew, by and through Bryan Zipp as Personal Representative, Estate of Donna Hopkins, by and through Roger Hopkins, as Personal Representative, Estate of Lonny Matthew Sanford, by and through Sarah Sargent as Personal Representative, John G. Livingston, M.D., Estate of Grace Chema, by and through Cynthia Syrjala, as Personal Representative and Estate of Larry Smith, by and through Barbara Smith, as Personal Representative |
| Sweetwater Care OPCO LLC, Kyle Shields, James Gamett, Reid Crickmore, Sweetwater Investment Management, LLC doing business as Sweetwater Private Equity, Sweetwater Whitefish Opco, LLC, Aaron Chesley, Sweetwater Care MT OPCO LLC, Whitefish Care and Rehabilitation Center and Sweetwater Care Resource, LLC |
| 9:2021cv00002 |
| January 5, 2021 |
| US District Court for the District of Montana |
| Dana L Christensen |
| Kathleen L DeSoto |
| Personal Inj. Med. Malpractice |
| 42 U.S.C. § 247 Personal Injury-Swine Flu |
| Defendant |
Docket Report
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Filing 58
ORDER granting #56 Motion to Amend/Correct. IT IS FURTHER ORDERED that the Court's prior order #55 is amended to provide that the above-captioned matter is DISMISSED WITH PREJUDICE, with each party to bear its own costs. The Court makes no conclusions on the proper allocation of, or responsibly for payment of, fees incurred by the parties in this matter. Signed by Judge Dana L. Christensen on 5/10/2021. (ASG)
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| Filing 57 Brief/Memorandum in Support re #56 MOTION to Amend/Correct #55 Order Dismissing Case filed by Sweetwater Investment Management, LLC. (Adams, Chad) |
| Filing 56 MOTION to Amend/Correct #55 Order Dismissing Case Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC Motions referred to Kathleen L. DeSoto. (Adams, Chad) |
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Filing 55
ORDER DISMISSING CASE with prejudice. Signed by Judge Dana L. Christensen on 4/26/2021. (ASG)
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| Filing 54 Stipulated Motion Robert M. Carlson appearing for Defendants Aaron Chesley, Reid Crickmore, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center Motions referred to Kathleen L. DeSoto. (Attachments: #1 order - stipulation) (Carlson, Robert) |
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Filing 53
Order Setting: Dismissal papers due within 60 days of the date of this Order.IT IS FURTHER ORDERED that any pending deadlines and hearings are VACATED, and all pending motions are DENIED as moot. Signed by Judge Dana L. Christensen on 3/23/2021. (ASG)
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| Filing 52 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Continued settlement discussions held on 3/22/2021. This case has settled. (SLL) |
| Magistrate Judge John Johnston no longer assigned to case as to settlement. (APP) |
| Filing 51 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Settlement Conference held on 3/3/2021. (Law Clerk: S. Carmack), (SLL) |
| Magistrate Judge John Johnston added for settlement purposes. (APP) |
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Filing 50
Order Setting: Settlement Conference set for 3/3/2021 at 09:00 AM in Great Falls, MT before Magistrate Judge John Johnston VIA ZOOM. Signed by Magistrate Judge John Johnston on 2/17/2021. (APP)
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| Filing 49 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Scheduling Conference held on 2/17/2021. (SLL) |
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Filing 48
ORDER granting #47 Motion for Settlement Conference. Judge Johnston will conduct a telephonic scheduling call on February 17, 2021 at 1:45 p.m. Signed by Magistrate Judge Kathleen L. DeSoto on 2/17/2021. (APP)
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| Filing 47 MOTION for Settlement Conference Robert M. Carlson appearing for Defendants Aaron Chesley, Reid Crickmore, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center Motions referred to Kathleen L. DeSoto. (Attachments: #1 Proposed Order - Unopposed Joint Motion) (Carlson, Robert) |
| Set Deadlines/Hearings: Telephonic Scheduling Conference set for 2/17/2021 at 01:45 PM in Great Falls, MT before Magistrate Judge John Johnston. (APP) |
| Filing 46 NOTICE by Whitefish Care and Rehabilitation Center re #26 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) |
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Filing 45
Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Judge Christensen. The case remains REFERRED to the Honorable Judge DeSoto. Signed by Judge Dana L. Christensen on 2/12/2021. (APP)
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| Filing 44 REPLY to Response to Motion re #26 MOTION to Remand to State Court filed by Daniel Bell, Does A-Z, Estate of Adrian Leonard Kautman Sr., by and through Marie Moore as Personal Representative, Estate of Alison DeSmyter, by and through Kim Box as Personal Representative, Estate of Alton Johnson, by and through Randall Johnson as Personal Representative, Estate of Berton Pew, by and through Bryan Zipp as Personal Representative, Estate of Donna Hopkins, by and through Roger Hopkins, as Personal Representative, Estate of Grace Chema, by and through Cynthia Syrjala, as Personal Representative, Estate of Larry Smith, by and through Barbara Smith, as Personal Representative, Estate of Lonny Matthew Sanford, by and through Sarah Sargent as Personal Representative, Estate of Stanley Webber, by and through Dana Snyder as Personal Representative, Estate of Verda Johnson, by and through Marcia Schlotfeldt as Personal Representative, John G. Livingston, M.D., Debra Tatum, Joan Marie Wilkins. (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) |
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Filing 43
ORDER granting #28 Motion to Stay Signed by Magistrate Judge Kathleen L. DeSoto on 2/3/2021. (TXB)
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| Filing 42 Mailing of Consent Judge DeSoto as Presiding Judge. Mailed to counsel John C. Heenan, Joseph Patrick Cook, Roger M. Sullivan, Ethan A. Welder, Dustin A. Leftridge, Jinnifer Jeresek Mariman, Michael P. West, Maria F. Dwyer, Robert M. Carlson, Marshal L. Mickelson, Chad E. Adams, William P. Cole, David R. Sugden. Consent/Objection to USMJ Form due by 2/22/2021. (APP) |
| Filing 41 Submission of Proposed Order re: #28 MOTION to Stay re #18 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction . (Heenan, John) |
| Filing 40 Notice of Joinder by Sweetwater Investment Management, LLC re: #39 Response to Motion,, (Cole, William) Modified on 2/3/2021 to create relationship to #26 Motion (APP). |
| Filing 39 RESPONSE to Motion re #26 MOTION to Remand to State Court Defendants Opposition to Plaintiffs' Motion to Remand to State Court filed by Aaron Chesley, Reid Crickmore. (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) (West, Michael) |
| Filing 38 RESPONSE to Motion re #28 MOTION to Stay re #18 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction filed by Sweetwater Investment Management, LLC. (Adams, Chad) |
| Filing 37 RESPONSE to Motion re #28 MOTION to Stay re #18 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction filed by Aaron Chesley, Reid Crickmore, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center. (Carlson, Robert) |
| Remark from Clerk's Office: Per the Second Amended Complaint filed 1/27/21 (Doc. 36), the docket has been updated and parties have been added as Plaintiffs as follows: Estate of Lonny Matthew Sanford, by and through Sarah Sargent as Personal Representative, substituted for Plaintiff Lonny Matthew Sanford; Estate of Donna Hopkins, by and through Roger Hopkins, as Personal Representative added; Estate of Larry Smith, by and through Barbara Smith, as Personal Representative added; Estate of Grace Chema, by and through Cynthia Syrjala, as Personal Representative added; John G. Livingston, M.D. added, and Does A-Z added. (NOS) |
| Filing 36 Second AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Aaron Chesley, Reid Crickmore, Does A-Z, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Investment Management, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center, filed by Estate of Verda Johnson, by and through Marcia Schlotfeldt as Personal Representative, Lonny Matthew Sanford, Estate of Berton Pew, by and through Bryan Zipp as Personal Representative, Estate of Alton Johnson, by and through Randall Johnson as Personal Representative, Joan Marie Wilkins, Estate of Stanley Webber, by and through Dana Snyder as Personal Representative, Estate of Alison DeSmyter, by and through Kim Box as Personal Representative, Estate of Adrian Leonard Kautman Sr., by and through Marie Moore as Personal Representative, Daniel Bell, Debra Tatum. (Heenan, John) |
| Filing 35 SEALED: AMENDED COMPLAINT. (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.) (NOS) |
| Filing 34 NOTICE of Acknowledgment of Pro Hac Vice Order by Sweetwater Investment Management, LLC re #22 Order on Motion to Appear Pro Hac Vice, (Sugden, David) |
| Filing 33 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 32 Remark: Attorney William Cole is now a registered user. (MMS) |
| Remark; Attorney David Sugden is now a registered user (TLO) |
| Filing 31 AMENDED COMPLAINT filed in state court on 11/19/2020. (ASG) |
| Filing 30 NOTICE of receipt of State Court Docket (via file sharing program). (Attachments: #1 Doc 1, #2 Doc 2, #3 Doc 3, #4 Doc 4, #5 Doc 5, #6 Doc 6, #7 Doc 7, #8 Doc 9, #9 Doc 10, #10 Doc 11, #11 Doc 12, #12 Doc 13, #13 Doc 14, #14 Doc 15, #15 Doc 16, #16 Doc 17, #17 Doc 18, #18 Doc 19, #19 Doc 20, #20 Doc 21, #21 Doc 22, #22 Doc 23, #23 Doc 24) (ASG) (Additional attachment(s) added on 1/20/2021: #24 State Court Docket Sheet) (ASG). |
| Filing 29 Brief/Memorandum in Support re #28 MOTION to Stay re #18 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction filed by Daniel Bell, Estate of Adrian Leonard Kautman Sr., by and through Marie Moore as Personal Representative, Estate of Alison DeSmyter, by and through Kim Box as Personal Representative, Estate of Alton Johnson, by and through Randall Johnson as Personal Representative, Estate of Berton Pew, by and through Bryan Zipp as Personal Representative, Estate of Stanley Webber, by and through Dana Snyder as Personal Representative, Estate of Verda Johnson, by and through Marcia Schlotfeldt as Personal Representative, Debra Tatum, Joan Marie Wilkins. (Attachments: #1 Exhibit Parkside v. Travelers - Order) (Heenan, John) |
| Filing 28 MOTION to Stay re #18 MOTION to Dismiss for Lack of Jurisdiction , #13 MOTION to Dismiss for Lack of Jurisdiction John C. Heenan appearing for Plaintiffs Daniel Bell, Estate of Adrian Leonard Kautman Sr., by and through Marie Moore as Personal Representative, Estate of Alison DeSmyter, by and through Kim Box as Personal Representative, Estate of Alton Johnson, by and through Randall Johnson as Personal Representative, Estate of Berton Pew, by and through Bryan Zipp as Personal Representative, Estate of Stanley Webber, by and through Dana Snyder as Personal Representative, Estate of Verda Johnson, by and through Marcia Schlotfeldt as Personal Representative, Debra Tatum, Joan Marie Wilkins Motions referred to Kathleen L. DeSoto. (Heenan, John) |
| Filing 27 Brief/Memorandum in Support re #26 MOTION to Remand to State Court filed by Daniel Bell, Estate of Adrian Leonard Kautman Sr., by and through Marie Moore as Personal Representative, Estate of Alison DeSmyter, by and through Kim Box as Personal Representative, Estate of Alton Johnson, by and through Randall Johnson as Personal Representative, Estate of Berton Pew, by and through Bryan Zipp as Personal Representative, Estate of Stanley Webber, by and through Dana Snyder as Personal Representative, Estate of Verda Johnson, by and through Marcia Schlotfeldt as Personal Representative, Debra Tatum, Joan Marie Wilkins. (Heenan, John) |
| Filing 26 MOTION to Remand to State Court John C. Heenan appearing for Plaintiffs Daniel Bell, Estate of Adrian Leonard Kautman Sr., by and through Marie Moore as Personal Representative, Estate of Alison DeSmyter, by and through Kim Box as Personal Representative, Estate of Alton Johnson, by and through Randall Johnson as Personal Representative, Estate of Berton Pew, by and through Bryan Zipp as Personal Representative, Estate of Stanley Webber, by and through Dana Snyder as Personal Representative, Estate of Verda Johnson, by and through Marcia Schlotfeldt as Personal Representative, Debra Tatum, Joan Marie Wilkins Motions referred to Kathleen L. DeSoto. (Heenan, John) |
| Filing 25 NOTICE of Acknowledgment of Pro Hac Vice Order by Aaron Chesley, Reid Crickmore, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center re #20 Order on Motion to Appear Pro Hac Vice (Carlson, Robert) |
| Filing 24 NOTICE of Acknowledgment of Pro Hac Vice Order by Aaron Chesley, Reid Crickmore, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center re #9 Order on Motion to Appear Pro Hac Vice (Carlson, Robert) |
| Filing 23 Letter from Clerk of Court regarding CM/ECF registration. Copy emailed to PHV Counsel Dwyer, Cole, and Sugden. (NOS) |
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Filing 22
ORDER granting #17 Motion to Appear Pro Hac Vice for Attorney David R. Sugden for Sweetwater Investment Management, LLC. Acknowledgment of PHV Order due within fifteen days. Signed by Magistrate Judge Kathleen L. DeSoto on 1/13/2021. (NOS) (Modified to correct file date.) (NOS)
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Filing 21
ORDER granting #16 Motion to Appear Pro Hac Vice for Attorney William P. Cole for Sweetwater Investment Management, LLC. Acknowledgment of PHV Order due within fifteen days. Signed by Magistrate Judge Kathleen L. DeSoto on 1/13/2021. (NOS) (Modified to correct file date.) (NOS)
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Filing 20
ORDER granting #11 Motion to Appear Pro Hac Vice for Attorney Maria F. Dwyer. Acknowledgment of PHV Order due within fifteen days. Signed by Magistrate Judge Kathleen L. DeSoto on 1/13/2021. (NOS) (Modified to correct signature date.) (NOS)
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| Filing 19 Brief/Memorandum in Support re #18 MOTION to Dismiss for Lack of Jurisdiction filed by Aaron Chesley, Reid Crickmore, Does A-Z, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center. (Attachments: #1 Advisory op 3-10-20, #2 Charrow ltr 8-14-20, #3 Advisory Op. 20-04, #4 Advisory Op. 21-01, #5 Fed. Reg. Vol. 85 No. 237, #6 Dept. of H&HS Center for Med 5-13-20, #7 Dept of H&HS Center for Med. 9-1-20, #8 MT. Gov. Ex. Order 2-2020 & 3-2020) (Carlson, Robert) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction Robert M. Carlson appearing for Defendants Aaron Chesley, Reid Crickmore, Does A-Z, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center Motions referred to Kathleen L. DeSoto. (Carlson, Robert) |
| Filing 17 MOTION David Sugden to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2600113.) Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC Motions referred to Kathleen L. DeSoto. (Attachments: #1 Declaration of David Sugden, #2 Proposed Order) (Adams, Chad) |
| Filing 16 MOTION William P. Cole to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2600112.) Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC Motions referred to Kathleen L. DeSoto. (Attachments: #1 Declaration of William Cole, #2 Proposed Order) (Adams, Chad) |
| Filing 15 AFFIDAVIT/DECLARATION re #13 MOTION to Dismiss for Lack of Jurisdiction by Sweetwater Investment Management, LLC. (Adams, Chad) |
| Filing 14 Brief/Memorandum in Support re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Sweetwater Investment Management, LLC. (Adams, Chad) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction Chad E. Adams appearing for Defendant Sweetwater Investment Management, LLC Motions referred to Kathleen L. DeSoto. (Adams, Chad) |
| Filing 12 Corporate Disclosure Statement by Sweetwater Investment Management, LLC. (Adams, Chad) |
| Filing 11 MOTION Maria F. Dwyer to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2597436.) Robert M. Carlson appearing for Defendants James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center Motions referred to Kathleen L. DeSoto. (Attachments: #1 Revised Affidavit of Maria Dwyer, #2 Proposed Unopposed Order) (Carlson, Robert) |
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Filing 10
ORDER denying #4 Motion to Appear Pro Hac Vice for Maria Dwyer. Signed by Magistrate Judge Kathleen L. DeSoto on 1/8/2021. (APP)
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Filing 9
ORDER granting #3 Motion to Appear Pro Hac Vice for Attorney Michael P. West. Acknowledgment of PHV Order due by 1/25/2021. Signed by Magistrate Judge Kathleen L. DeSoto on 1/8/2021. (APP)
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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 Whitefish Care and Rehabilitation Center. (Carlson, Robert) |
| Filing 4 MOTION Maria F. Dwyer to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2597436.) Robert M. Carlson appearing for Defendants Aaron Chesley, Reid Crickmore, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center Motions referred to Kathleen L. DeSoto. (Attachments: #1 Maria Dwyer Affidavit, #2 Proposed Order) (Carlson, Robert) |
| Filing 3 MOTION Michael P. West to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2597433.) Robert M. Carlson appearing for Defendants Aaron Chesley, Reid Crickmore, James Gamett, Kyle Shields, Sweetwater Care MT OPCO LLC, Sweetwater Care OPCO LLC, Sweetwater Care Resource, LLC, Sweetwater Whitefish Opco, LLC, Whitefish Care and Rehabilitation Center Motions referred to Kathleen L. DeSoto. (Attachments: #1 Michael West Affidavit, #2 Proposed Order) (Carlson, Robert) |
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Filing 2
PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 3/11/2021. Joint Discovery Plan due by 3/11/2021. Statement of Stipulated Facts due by 3/11/2021. Pretrial Conference set for 3/18/2021 at 11:00 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 1/7/2021. (TXB)
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| Filing 1 NOTICE OF REMOVAL by All Defendants from Montana' Eleventh Judicial District Court, Flathead County, case number DV15-2020-0000953-PI., filed by All Defendants. (Attachments: #1 Complaint, #2 Affidavit of Service, #3 Affidavit of Service, #4 Amended Complaint, #5 State Court File, #6 Civil Cover Sheet) (KJL) |
| Filing fee: $ 402, receipt number 15762 (KJL) |
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