Archer v. Lakes Region General Hospital
| Cheryl Archer |
| Lakes Region General Hospital |
| 1:2022cv00311 |
| August 3, 2022 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Joseph N Laplante |
| Civil Rights: Jobs |
| 42 U.S.C. § 2003 Job Discrimination |
| None |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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ENDORSED ORDER denying re: #22 Motion for Reconsideration re #18 Order on Motion to Dismiss. Text of Order: The motion for reconsideration (doc. no. 22) is denied. As noted in this court's June 5, 2023 order granting the defendant's motion to dismiss on jurisdictional grounds (doc. no. 18), the parties agree that the plaintiff filed a proof of claim with the Bankruptcy Court against the defendant in June 2022. While the claim is pending, the Bankruptcy Court maintains jurisdiction over it, for the reasons stated in the court's June 5 order. In the motion for reconsideration, the plaintiff states that the claim does not technically exist due to a purported discrepancy regarding the claim number. This argument does not negate the plaintiff's prior admission regarding the existence of the claim or provide a basis for reconsideration of the court's decision on the motion to dismiss. To the extent that there is confusion regarding the claim number and the defendant's counsel is able to provide clarification to the plaintiff, the court encourages it to do so. So Ordered by Judge Joseph N. Laplante.(ko)
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| Filing 23 OBJECTION to #22 MOTION for Reconsideration re #18 Order on Motion to Dismiss, Objection to Plaintiff's Second Motion for Reconsideration filed by Lakes Region General Hospital. Follow up on Reply on 8/7/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Prendergast, John) |
| Filing 22 MOTION for Reconsideration re #18 Order on Motion to Dismiss, filed by Cheryl Archer. Served on 7/21/2023. Follow up on Objection on 8/2/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) |
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ENDORSED ORDER denying re #20 Motion for Reconsideration. Text of Order: Denied. So Ordered by Judge Joseph N. Laplante. (ko)
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| Filing 21 OBJECTION to #20 MOTION for Reconsideration re #18 Order on Motion to Dismiss, filed by Lakes Region General Hospital. Follow up on Reply on 7/3/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Prendergast, John) |
| Filing 20 MOTION for Reconsideration re #18 Order on Motion to Dismiss filed by Cheryl Archer. Served on 6/8/2023.(ko) |
| Filing 19 JUDGMENT is hereby entered in accordance with #18 Order on Motion to Dismiss. Signed by Tracy A. Uhrin, Chief Deputy Clerk. (Case Closed) (ko) |
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Filing 18
///SUMMARY ORDER granting without prejudice #12 Motion to Dismiss. The clerk shall enter judgment and close the case. So Ordered by Judge Joseph N. Laplante.(jb) Modified on 6/5/2023 to add without prejudice text: (jb).
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| Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 5/31/2023 re #12 MOTION to Dismiss. (Court Reporter: Brenda Hancock) (Pro se Pltfs: Cheryl Archer) (Defts Atty: John Prendergast)(Total Hearing Time: 55 minutes) (jb) Modified on 5/31/2023 to add pro se pltf text (jb). |
| NOTICE re: #12 MOTION to Dismiss. Motion Hearing set for 5/31/2023 at 10:00 AM before Judge Joseph N. Laplante.(ko) |
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ENDORSED ORDER granting #15 Motion to Extend Time to Object/Respond to #13 Objection to Motion, to February 24, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko)
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| Filing 17 REPLY to Objection to Motion re #12 MOTION to Dismiss filed by Lakes Region General Hospital. Surreply due by 3/1/2023. (Theodore, Ashley) |
| Filing 16 OBJECTION to #15 MOTION to Extend Time to Object/Respond to 13 Objection to Motion, to February 24, 2023 served on 2/22/2023 filed by Cheryl Archer. Follow up on Reply on 3/1/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (ko) Modified on 2/24/2023 to modify the document link(ko). |
| Filing 15 MOTION to Extend Time to Object/Respond to #13 Objection to Motion, to February 24, 2023 filed by Lakes Region General Hospital.Follow up on Objection on 3/2/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Theodore, Ashley) |
| Filing 14 NOTICE of Attorney Appearance by Ashley Rae Theodore on behalf of Lakes Region General Hospital Attorney Ashley Rae Theodore added to party Lakes Region General Hospital(pty:dft).(Theodore, Ashley) |
| Filing 13 OBJECTION to #12 MOTION to Dismiss served on 2/10/2023 filed by Cheryl Archer. Follow up on Reply on 2/17/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Correspondence)(ko) |
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ENDORSED ORDER re #12 Motion to Dismiss. Text of Order: The plaintiffs' objection to the motion to dismiss is overdue, and the Deputy Clerk has already allowed an objection deadline extension. In an abundance of deference to the plaintiff's pro se status, the deadline is extended once more until February 14, 2023. After that date, if no extension is filed, the court will deem the objection waived under Local Rule 7.1(b). So Ordered by Judge Joseph N. Laplante. (Follow up on Objection on 2/14/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).)(ko)
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| Filing 12 MOTION to Dismiss filed by Lakes Region General Hospital.Follow up on Objection on 1/12/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Exhibit A - Petition for Bankruptcy, #3 Exhibit B - Schedules, #4 Exhibit C - Notice of Bar Date, #5 Exhibit D - Bankruptcy Plan, #6 Exhibit E - Confirmation Order, #7 Exhibit F - Notice of Effective Date, #8 Exhibit G - Proof of Claim)(Prendergast, John) Modified on 12/30/2022 to add exhibit descriptions (jb). |
| NOTICE of ECF Filing Error re: #12 MOTION to Dismiss filed by Lakes Region General Hospital. No description of exhibit or attachment was included. Exhibit or attachment shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See #Properly Attach Exhibits to Pleadings in ECF. Filing party is directed to send an email to jadean_barthelmes@nhd.uscourts.gov that contains a list of descriptions for the filed exhibits as outlined in AP 2.5(a). If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.(jb) |
| ENDORSED ORDER granting #9 Motion to Extend Time to Answer to December 30, 2022 re #1 Complaint. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. Answer Follow Up on 12/30/2022. (jb) |
| Filing 11 OBJECTION to #9 MOTION to Extend Time to Answer to December 30, 2022 served on 12/28/2022 filed by Cheryl Archer. Follow up on Reply on 1/4/2023. (Attachments: #1 Envelope)(jb) |
| Filing 10 Addendum/ to #9 MOTION to Extend Time to Answer to December 30, 2022 by Lakes Region General Hospital. (Prendergast, John) |
| Filing 9 MOTION to Extend Time to Answer to December 30, 2022 filed by Lakes Region General Hospital.Follow up on Objection on 12/30/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Prendergast, John) |
| ENDORSED ORDER granting #7 Assented to Motion to Extend Time to Answer to December 16, 2022. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by US Magistrate Judge Andrea K Johnstone. Answer Follow Up on 12/16/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) |
| Filing 8 Addendum/ to #7 MOTION to Extend Time to Answer to December 16, 2022 by Lakes Region General Hospital. (Prendergast, John) |
| Filing 7 MOTION to Extend Time to Answer to December 16, 2022 filed by Lakes Region General Hospital. Attorney John Prendergast added to party Lakes Region General Hospital(pty:dft).Follow up on Objection on 12/13/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Prendergast, John) |
| ACTION REQUIRED - NOTICE Nonconforming Document re #7 MOTION to Extend Time to Answer to December 16, 2022 filed by Lakes Region General Hospital. The document fails to comply with LR 7.1-No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document no. 7. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.Compliance Deadline set for 12/1/2022.(jb) |
| Filing 6 Return of Service Executed as to Lakes Region General Hospital (Served John D. Prendergast). Served/Mailed on 11/8/2022. Answer Follow Up on 11/29/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) |
| Filing 5 REFILED. SEE DOC. NO. #6 . US Marshal Service of Process re: Clerk Service served on 11/8/2022, on John D. Prendergast. Served to Victoria Obeslin -Secretary. (ko) Modified on 11/28/2022 to add: refiled docket text(ko). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by Cheryl Archer(ed) |
| SERVICE BY CLERK: Copies to US Marshal as to Lakes Region General Hospital per #3 Order Directing Service, #1 Complaint, #4 Summons-Waiver - Request for Issuance.(ko) |
| Filing 3 Service Order: The Clerk's office is directed to send Plaintiff a blank Summons in a Civil Action (Form AO 440). The plaintiff is directed to fill out that form for the defendant, Lakes Region General Hospital, and return it to the court within thirty days of this Order. So Ordered by US Magistrate Judge Andrea K Johnstone.(ko) |
| ENDORSED ORDER granting #2 Motion to Proceed Without Prepayment of Fees or Costs. Text of Order: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee. So Ordered by US Magistrate Judge Andrea K Johnstone. (ed) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed) |
| Filing 2 MOTION to Proceed Without Prepayment of Fees or Costs filed by Cheryl Archer. (Attachments: #1 Short Form)(ed) |
| Filing 1 COMPLAINT titled "Motion for Discrimination" against Lakes Region General Hospital filed by Cheryl Archer. (Attachments: #1 Attachment US Equal Employment Opportunity Commission, #2 Exhibit A Chapter 11 Case, #3 Cover Letter, #4 Envelope)(ed) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:22-cv-311-JL. Please show this number with the judge designation on all future pleadings. (ed) |
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| Plaintiff: Cheryl Archer | |
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| Defendant: Lakes Region General Hospital | |
| Represented By: | Ashley Rae Theodore |
| Represented By: | John Prendergast |
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