Murphy v. Cantex Health Care Centers II, LLC et al
Plaintiff: Dennis Murphy
Defendant: Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD. Co. doing business as Cedar Ridge Inn
Case Number: 1:2022cv00832
Filed: November 2, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Kea W Riggs
2 Judge: Jerry H Ritter
3 Judge: John F Robbenhaar
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2022 Filing 19 RESPONSE in Opposition re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration filed by Dennis Murphy. (Astorga-Corral, Noe)
December 23, 2022 Filing 18 RESPONSE in Opposition re #9 MOTION to Remand to State Court filed by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co.. (Attachments: #1 Exhibit Response to Motion for Remand) (Alvarez, Frank)
December 22, 2022 Filing 17 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 13. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
December 20, 2022 Filing 16 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Remand to State Court by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co.. (Attachments: #1 Exhibit Emails granting extensions, #2 Exhibit Extensions granted by Defense, #3 Exhibit Emails dated 12.20.22) (Alvarez, Frank)
December 20, 2022 United States Magistrate Judge Jerry H. Ritter assigned. United States Magistrate Judge Laura Fashing no longer assigned to case. (ng)
December 19, 2022 Filing 15 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge John F. Robbenhaar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng)
December 13, 2022 Filing 14 NOTICE by Dennis Murphy re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration (Conaway, Joshua)
December 8, 2022 Filing 12 NOTICE by Dennis Murphy re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration (Conaway, Joshua)
December 2, 2022 Filing 11 NOTICE by Dennis Murphy re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration (Conaway, Joshua)
December 2, 2022 Opinion or Order Filing 10 ORDER by Magistrate Judge Laura Fashing. Pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order at this time due to the pending dispositive motions #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration filed by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co., and #9 MOTION to Remand to State Court filed by Dennis Murphy. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda)
December 1, 2022 Filing 9 MOTION to Remand to State Court by Dennis Murphy. (Conaway, Joshua)
November 25, 2022 Filing 8 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than December 12, 2022 unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kls)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 21, 2022 Filing 7 NOTICE by Dennis Murphy Agreed Upon Extension (Conaway, Joshua)
November 9, 2022 Filing 6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co.. (Attachments: #1 Exhibit Arbitration Agreement, #2 Exhibit Medicare) (Alvarez, Frank)
November 9, 2022 Filing 5 ANSWER to Complaint (Notice of Removal) Subject to Arbitration by Farmington Health Care Center, LTD. Co.. (Alvarez, Frank)
November 9, 2022 Filing 4 ANSWER to Complaint (Notice of Removal) Subject to Arbitration by Cantex Health Care Centers II, LLC. (Alvarez, Frank)
November 2, 2022 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
November 2, 2022 Filing 2 Corporate Disclosure Statement by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. identifying Corporate Parent Cantex Health Care Centers II, LLC, Other Affiliate Cedar Ridge Inn for Farmington Health Care Center, LTD. Co.; Corporate Parent Cantex Health Care Centers II, LLC for Cantex Health Care Centers II, LLC. (Alvarez, Frank)
November 2, 2022 Filing 1 NOTICE OF REMOVAL by All Defendants from First District Court, case number D-101-CV-2022-01761. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Complaint for Wrongful Death, #3 Exhibit Pl's Jury Demand 12 Panel, #4 Exhibit Peremptory election to Excuse Judge Matthew Wilson, #5 Exhibit Notice of Judge Assignment Bryan Biedscheid, #6 Exhibit Summons to Farmington, #7 Exhibit Summons to Cantex, #8 Exhibit COS Cantex svd on 10-3-2022, #9 Exhibit COS Farmington svd on 10-3-2022, #10 Exhibit State Court Docket Sheet, #11 Exhibit April 17 2020 HHS Advisory Opinion, #12 Exhibit Advisory Opinion 20-04, #13 Exhibit Advisory Opinion 21-01, #14 Exhibit Rachal v. Natchitoches Nursing & Rehab Center LLC)(Alvarez, Frank)
November 2, 2022 United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Laura Fashing assigned. (dr)
November 2, 2022 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8537273 re #1 Notice of Removal,,, filed by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. (Payment made via Pay.gov)(Alvarez, Frank)

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Plaintiff: Dennis Murphy
Represented By: Aaron K. Thompson
Represented By: Joshua K Conaway
Represented By: Nichole Lynn Henry
Represented By: Noe Astorga-Corral
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Defendant: Cantex Health Care Centers II, LLC
Represented By: Frank Alvarez
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Defendant: Farmington Health Care Center, LTD. Co. doing business as Cedar Ridge Inn
Represented By: Frank Alvarez
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