CARE ONE, LLC et al v. NATIONAL LABOR RELATIONS BOARD et al
| CARE ONE, LLC, HEALTHBRIDGE MANAGEMENT, LLC, CARE REALTY, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC d/b/a DANBURY HCC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC d/b/a LONG RIDGE OF STAMFORD, 240 CHURCH STREET OPERATING COMPANY II, LLC d/b/a NEWINGTON HEALTH CARE CENTER, 1 BURR ROAD OPERATING COMPANY II, LLC d/b/a WESTPORT HEALTH CARE CENTER, 245 ORANGE AVENUE OPERATING COMPANY II, LLC d/b/a WEST RIVER HEALTH CARE CENTER, 341 JORDAN LANE OPERATING COMPANY II, LLC d/b/a WETHERSFIELD HEALTH CARE CENTER, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC d/b/a GOLDEN HILL HEALTH CARE CENTER, 745 HIGHLAND AVE OPERATING COMPANY, LLC d/b/a HIGHLANDS HEALTH CARE CENTER, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC d/b/a RIVER GLEN HEALTH CARE CENTER, 107 OSBORNE STREET OPERATING COMPANY II, LLC doing business as DANBURY HCC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC doing business as LONG RIDGE OF STAMFORD, 240 CHURCH STREET OPERATING COMPANY II, LLC doing business as NEWINGTON HEALTH CARE CENTER, 1 BURR ROAD OPERATING COMPANY II, LLC doing business as WESTPORT HEALTH CARE CENTER, 245 ORANGE AVENUE OPERATING COMPANY II, LLC doing business as WEST RIVER HEALTH CARE CENTER, 341 JORDAN LANE OPERATING COMPANY II, LLC doing business as WETHERSFIELD HEALTH CARE CENTER, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC doing business as GOLDEN HILL HEALTH CARE CENTER, 745 HIGHLAND AVE OPERATING COMPANY, LLC doing business as HIGHLANDS HEALTH CARE CENTER and 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC doing business as RIVER GLEN HEALTH CARE CENTER |
| NATIONAL LABOR RELATIONS BOARD, LAUREN MCFERRAN, GWYNNE WILCOX, MARVIN KAPLAN, DAVID PROUTY and KENNETH R. CHU |
| 2:2023cv03221 |
| June 12, 2023 |
| US District Court for the District of New Jersey |
| Michael E Farbiarz |
| Leda D Wettre |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Case transferred from New Jersey has been opened in District of Connecticut as case 3:23-cv-00831, filed 06/25/2023. (jjc, )
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Civil Case extracted to the District of Connecticut. (eaj)
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Filing 30
OPINION and ORDER granting #19 Motion to Transfer Case to United States District Court for Connecticut. ***CIVIL CASE TERMINATED. Signed by Judge Michael E. Farbiarz on 6/23/2023. (ps)
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Filing 29
Minute Entry for proceedings held before Judge Michael E. Farbiarz: Motion Hearing held on 6/23/2023 re #19 MOTION to Transfer Case to District of Connecticut filed by KENNETH R. CHU, MARVIN KAPLAN, DAVID PROUTY, GWYNNE WILCOX, NATIONAL LABOR RELATIONS BOARD, LAUREN MCFERRAN. (Court Reporter, Melissa Mormile (973-776-7710)) (ro, )
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Filing 28
MEMORANDUM in Opposition filed by 1 BURR ROAD OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC, 745 HIGHLAND AVE OPERATING COMPANY, LLC, DANIEL R. BENSON, CARE ONE, LLC, CARE REALTY, LLC, HEALTHBRIDGE MANAGEMENT, LLC re #19 MOTION to Transfer Case to District of Connecticut (Attachments: #1 Declaration of Christian Becker in Opposition to Defendants' Motion to Transfer Venue, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Index D, #6 Exhibit E)(BECKER, CHRISTIAN)
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Filing 27
Letter from Christian T. Becker re: Corrected Brief re #26 Brief. (BECKER, CHRISTIAN)
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Filing 26
BRIEF / [CORRECTED] Plaintiffs' Reply Memorandum of Law in Support of Application for Temporary Restraining Order and Injunctive Relief (BECKER, CHRISTIAN)
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Filing 25
BRIEF / Plaintiffs Reply Memorandum In Support Of Application For Temporary Restraining Order And Injunctive Relief (BECKER, CHRISTIAN)
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Filing 24
Letter from Defendants' Counsel to Court re: 28 U.S.C. 2403 and FRCP 5.1. (ODESSKY, JARED)
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Filing 23
ORDER directing the Plaintiffs to respond to the Motion to Transfer Venue by 2:00 p.m. on 6/23/2023; Defendants will not be permitted to reply; the oral argument scheduled for 6/22/2023 is adjourned; oral argument on the application and the Motion to Transfer Venue will now take place at 3:00 p.m. on 6/23/2023. Signed by Judge Michael E. Farbiarz on 6/21/2023. (sm)
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Filing 22
TEXT ORDER: The oral argument scheduled in this matter for June 22, 2023 shall commence at 2:00 p.m. Counsel are to appear at the Frank R. Lautenberg U.S. Post Office & Courthouse Building, 3rd floor, courtroom #5. So Ordered by Judge Michael E. Farbiarz on 6/21/2023. (ro, )
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Filing 21
TEXT ORDER: Denying Defendants motion to shorten time to hear the motion to transfer venue, D.E.20. Defendants are to advise the Court of their position regarding service on the Attorney General as ordered in D.E.10. Signed by Judge Michael E. Farbiarz on 6/21/23. (ro, )
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Set Deadlines as to #19 MOTION to Transfer Case to District of Connecticut . Motion set for 7/17/2023 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm)
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Filing 20
MOTION to Expedite Hearing of Motion to Transfer by All Defendants. (Attachments: #1 Text of Proposed Order)(ODESSKY, JARED)
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Filing 19
MOTION to Transfer Case to District of Connecticut by All Defendants. (Attachments: #1 Brief Brief in Support, #2 Text of Proposed Order)(ODESSKY, JARED)
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Filing 18
BRIEF in Opposition to Motion for Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B)(ODESSKY, JARED)
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Filing 17
Notice of Request by Pro Hac Vice Daniel R. Benson to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14401366.) (BECKER, CHRISTIAN)
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Filing 16
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of DANIEL R. BENSON. Signed by Magistrate Judge Leda D. Wettre on 6/20/2023. (wh)
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Filing 15
SUMMONS Returned Executed by 745 HIGHLAND AVE OPERATING COMPANY, LLC, 1 BURR ROAD OPERATING COMPANY II, LLC, HEALTHBRIDGE MANAGEMENT, LLC, CARE ONE, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, CARE REALTY, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC. KENNETH R. CHU served on 6/14/2023, answer due 7/5/2023; MARVIN KAPLAN served on 6/14/2023, answer due 7/5/2023; LAUREN MCFERRAN served on 6/14/2023, answer due 7/5/2023; NATIONAL LABOR RELATIONS BOARD served on 6/14/2023, answer due 7/5/2023; DAVID PROUTY served on 6/14/2023, answer due 7/5/2023; GWYNNE WILCOX served on 6/14/2023, answer due 7/5/2023. (BECKER, CHRISTIAN)
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Filing 14
TEXT ORDER: Oral argument in this matter is scheduled for June 22, 2023 at 9:30 a.m. Counsel are to appear at the Frank R. Lautenberg U.S. Post Office & Courthouse Building, 3rd floor, courtroom #5. So Ordered by Judge Michael E. Farbiarz on 6/20/2023. (ro, )
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Filing 13
MOTION for Leave to Appear Pro Hac Vice as to Daniel R. Benson by 1 BURR ROAD OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC, 745 HIGHLAND AVE OPERATING COMPANY, LLC, CARE ONE, LLC, CARE REALTY, LLC, HEALTHBRIDGE MANAGEMENT, LLC. (Attachments: #1 Certification of Christian T. Becker in Support of Motion for Admission Pro Hac Vice, #2 Declaration of Daniel R. Benson in Support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order)(BECKER, CHRISTIAN)
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Filing 12
NOTICE of Appearance by MICHAEL SAMUEL DALE on behalf of All Defendants (DALE, MICHAEL)
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Filing 11
NOTICE of Appearance by JARED ODESSKY on behalf of All Defendants (ODESSKY, JARED)
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Filing 10
ORDER that the Defendants shall file their papers by midnight on 6/20/2023 and Plaintiffs shall file their papers by midnight 6/21/2023; that the Defendants shall promptly advise the Court of their position. Signed by Judge Michael E. Farbiarz on 6/15/2023. (sm)
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Filing 9
NOTICE of Appearance by PAUL A. THOMAS on behalf of All Defendants (THOMAS, PAUL)
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Filing 8
Letter from Christian T. Becker. (BECKER, CHRISTIAN)
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Filing 7
CERTIFICATE OF SERVICE by 1 BURR ROAD OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC, 745 HIGHLAND AVE OPERATING COMPANY, LLC, CARE ONE, LLC, CARE REALTY, LLC, HEALTHBRIDGE MANAGEMENT, LLC re #4 Order, #1 Complaint,,,, #5 Summons Issued (BECKER, CHRISTIAN)
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Filing 6
CERTIFICATE OF SERVICE by 1 BURR ROAD OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC, 745 HIGHLAND AVE OPERATING COMPANY, LLC, CARE ONE, LLC, CARE REALTY, LLC, HEALTHBRIDGE MANAGEMENT, LLC re #4 Order, #1 Complaint,,,, #2 Corporate Disclosure Statement (aty),, #3 Notice of Appearance,, (BECKER, CHRISTIAN)
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Filing 5
SUMMONS ISSUED as to KENNETH R. CHU, MARVIN KAPLAN, LAUREN MCFERRAN, NATIONAL LABOR RELATIONS BOARD, DAVID PROUTY, GWYNNE WILCOX. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm)
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Filing 4
ORDER denying application for a TRO; and directing Plaintiff serve filings on the Defendants by 6/14/2023, Plaintiffs to comply with F.R.Civ.P. 5.1(a), and directing parties to file a joint letter by 6/14/2023 as to proposed briefing schedule and whether Plaintiffs complied with Rule 5.1(a). Signed by Judge Michael E. Farbiarz on 6/13/2023. (jr)
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Judge Michael E. Farbiarz and Magistrate Judge Leda D. Wettre added. (ps)
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Filing 3
NOTICE of Appearance by CHRISTIAN TULLIS BECKER on behalf of 1 BURR ROAD OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC, 745 HIGHLAND AVE OPERATING COMPANY, LLC, CARE ONE, LLC, CARE REALTY, LLC, HEALTHBRIDGE MANAGEMENT, LLC (BECKER, CHRISTIAN)
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Filing 2
Corporate Disclosure Statement by 1 BURR ROAD OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC, 745 HIGHLAND AVE OPERATING COMPANY, LLC, CARE ONE, LLC, CARE REALTY, LLC, HEALTHBRIDGE MANAGEMENT, LLC. (BECKER, CHRISTIAN)
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Filing 1
COMPLAINT against KENNETH R. CHU, MARVIN KAPLAN, LAUREN MCFERRAN, NATIONAL LABOR RELATIONS BOARD, DAVID PROUTY, GWYNNE WILCOX ( Filing and Admin fee $ 402 receipt number ANJDC-14383540) with JURY DEMAND, filed by 745 HIGHLAND AVE OPERATING COMPANY, LLC, 1 BURR ROAD OPERATING COMPANY II, LLC, HEALTHBRIDGE MANAGEMENT, LLC, CARE ONE, LLC, 240 CHURCH STREET OPERATING COMPANY II, LLC, CARE REALTY, LLC, 341 JORDAN LANE OPERATING COMPANY II, LLC, 162 SOUTH BRITAIN ROAD OPERATING COMPANY II, LLC, 245 ORANGE AVENUE OPERATING COMPANY II, LLC, 107 OSBORNE STREET OPERATING COMPANY II, LLC, 2028 BRIDGEPORT AVE OPERATING COMPANY II, LLC, 710 LONG RIDGE ROAD OPERATING COMPANY II, LLC. (Attachments: #1 Application for a Temporary Restraining Order and Injunctive Relief, #2 Memorandum of Law in Support of Plaintiffs' Application for a Temporary Restraining Order and Injunctive Relief, #3 Declaration of Christian T. Becker in Support of Application for Temporary Restraining Order and Injunctive Relief, #4 Plaintiffs' Certification Pursuant to Local Civil Rule 11.2, #5 [Proposed] Order to Show Cause, #6 Civil Cover Sheet)(BECKER, CHRISTIAN)
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