Higgs v. Brian Center Health & Retirement/Windsor, Inc. et al
| Administrator of the Estate of Alonza Higgs and Alfonza J. Higgs |
| SSC SPECIAL HOLDINGS, LLC, SVCARE HOLDINGS LLC, Terpax, Inc., SVCARE Holdings, Inc., SSC SUBMASTER HOLDINGS LLC, SAVASENIORCARE MANAGEMENT, LLC, SSC WINDSOR BRIAN OPERATING COMPANY LLC, Proto Equity Holdings, LLC, SMV WINDSOR BRIAN LLC, SSC Equity Holdings, LLC, MASTER TENANT PARENT HOLDCO, LLC, SSC SUBMASTER HOLDINGS II LLC, NORTH CAROLINA HOLDCO II, LLC, SSC LP HOLDINGS, INC, SPECIAL HOLDINGS PARENT HOLDCO, LLC, North Carolina Holdco, LLC, SavaSeniorCare, Inc., Brian Center Health & Retirement/Windsor, Inc., LIVING CENTERS SOUTHEAST DEVELOPMENT CORPORATION, SAVASENIORCARE, LLC,, SSC WINDSOR BRIAN MANAGEMENT COMPANY LLC, SAVASENIORCARE Administrative Services, LLC, SavaSeniorCare, LLC, SSC LP Holdings, Inc. and SSC Submaster Holdings, II LLC |
| 2:2018cv00042 |
| August 24, 2018 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 48 MOTION for Extension of Time to File Response/Reply as to #3 Notice of Removal, #10 Notice of Removal,, #2 Notice of Removal, #7 Notice of Removal, #4 Notice of Removal,, #1 Notice of Removal,, filed by Alfonza J. Higgs. (Attachments: #1 Text of Proposed Order Order (Proposed)) (McCabe, John) |
| Filing 47 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss , #38 MOTION to Dismiss , #18 MOTION to Dismiss , #26 MOTION to Dismiss , #22 MOTION to Dismiss , #32 MOTION to Dismiss , #30 MOTION to Dismiss , #27 MOTION to Dismiss , #34 MOTION to Dismiss , #36 MOTION to Dismiss , #24 MOTION to Dismiss , #16 MOTION to Dismiss , #40 MOTION to Dismiss , #20 MOTION to Dismiss , #42 MOTION to Dismiss , or in the Alternative MOTION for Summary Judgment filed by Alfonza J. Higgs. (Attachments: #1 Text of Proposed Order Order (Proposed)) (McCabe, John) |
| TEXT ORDER granting Plaintiff's Motions for Extension of Time #47 #48 . For good cause shown, it is ordered that Plaintiff shall have up to and including October 26, 2018, within which to respond to the pending motions to dismiss and notice of removal. Signed by Peter A. Moore, Jr., Clerk of Court on 9/12/2018. (Hockaday, A.) |
| Motions Referred to Peter A. Moore, Jr., Clerk of Court regarding #47 MOTION for Extension of Time to File Response as to #14 MOTION to Dismiss, #38 MOTION to Dismiss, #18 MOTION to Dismiss, #26 MOTION to Dismiss, #22 MOTION to Dismiss, #32 MOTION to. (Sellers, N.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #48 MOTION for Extension of Time to File Response as to #3 Notice of Removal, #10 Notice of Removal,, #2 Notice of Removal, #7 Notice of Removal, #4 Notice of Removal,, #1 Notice of Removal. (Sellers, N.) |
| Filing 46 ANSWER to Complaint with Jury Demand by SSC Windsor Brian Operating Company LLC. (Phillips, Michael) |
| Filing 45 ANSWER to Complaint with Jury Demand by SavaSeniorCare Administrative Services, LLC. (Phillips, Michael) |
| Filing 44 Financial Disclosure Statement by Alfonza J. Higgs identifying Corporate Parent Alfonza J. Higgs for Alfonza J. Higgs. (McCabe, John) |
| Filing 43 Notice of Appearance filed by John M. McCabe on behalf of All Plaintiffs. (McCabe, John) |
| Filing 42 MOTION to Dismiss , or in the Alternative, MOTION for Summary Judgment filed by SMV Windsor Brian LLC. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B-Affidavit of Wayne Craig) (Phillips, Michael) |
| Notice to Counsel regarding: #12 Notice of Appearance. The attorney information in the signature block on the document does not match the information that the court has in its CM/ECF database. Counsel is directed to update his information in CM/ECF by choosing 'Utilities' and selecting 'Maintain Your Account'. If CM/ECF will not allow you to change the address, you must contact the court at NCED-Attorney-Update@nced.uscourts.gov. (Sellers, N.) |
| Filing 41 Memorandum in Support regarding #40 MOTION to Dismiss filed by Proto Equity Holdings, LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 40 MOTION to Dismiss filed by Proto Equity Holdings, LLC. (Phillips, Michael) |
| Filing 39 Memorandum in Support regarding #38 MOTION to Dismiss filed by SavaSeniorCare, LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 38 MOTION to Dismiss filed by SavaSeniorCare, LLC. (Phillips, Michael) |
| Filing 37 Memorandum in Support regarding #36 MOTION to Dismiss filed by Special Holdings Parent Holdco, LLC. (Attachments: #1 Exhibit 1- Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 36 MOTION to Dismiss filed by Special Holdings Parent Holdco, LLC. (Phillips, Michael) |
| Filing 35 Memorandum in Support regarding #34 MOTION to Dismiss filed by North Carolina Holdco, LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 34 MOTION to Dismiss filed by North Carolina Holdco, LLC. (Phillips, Michael) |
| Filing 33 Memorandum in Support regarding #32 MOTION to Dismiss filed by North Carolina Holdco II, LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 32 MOTION to Dismiss filed by North Carolina Holdco II, LLC. (Phillips, Michael) |
| Filing 31 Memorandum in Support regarding #30 MOTION to Dismiss filed by Brian Center Health & Retirement/Windsor, Inc., Living Centers Southeast Development Corporation. (Attachments: #1 Exhibit 1- Affidavit of Kristy Owen, #2 Exhibit 2 - Affidavit of Kristy Owen, #3 Exhibit 3 - Affidavit of Wayne Craig) (Phillips, Michael) |
| Filing 30 MOTION to Dismiss filed by Brian Center Health & Retirement/Windsor, Inc., Living Centers Southeast Development Corporation. (Phillips, Michael) |
| Filing 29 Memorandum in Support regarding #26 MOTION to Dismiss filed by SSC Special Holdings, LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 28 Memorandum in Support regarding #27 MOTION to Dismiss filed by SSC Equity Holdings, LLC. (Attachments: #1 Exhibit 1- Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 27 MOTION to Dismiss filed by SSC Equity Holdings, LLC. (Phillips, Michael) |
| Filing 26 MOTION to Dismiss filed by SSC Special Holdings, LLC. (Phillips, Michael) |
| Filing 25 Memorandum in Support regarding #24 MOTION to Dismiss filed by SSC Submaster Holdings LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 24 MOTION to Dismiss filed by SSC Submaster Holdings LLC. (Phillips, Michael) |
| Filing 23 Memorandum in Support regarding #22 MOTION to Dismiss filed by SSC Submaster Holdings, II LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 22 MOTION to Dismiss filed by SSC Submaster Holdings, II LLC. (Phillips, Michael) |
| Filing 21 Memorandum in Support regarding #20 MOTION to Dismiss filed by SVCARE Holdings LLC. (Attachments: #1 Exhibit 1- Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 20 MOTION to Dismiss filed by SVCARE Holdings LLC. (Phillips, Michael) |
| Filing 19 Memorandum in Support regarding #18 MOTION to Dismiss filed by Terpax, Inc.. (Attachments: #1 Exhibit 1- Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 18 MOTION to Dismiss filed by Terpax, Inc.. (Phillips, Michael) |
| Filing 17 Memorandum in Support regarding #16 MOTION to Dismiss filed by SSC LP Holdings, Inc.. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 16 MOTION to Dismiss filed by SSC LP Holdings, Inc.. (Phillips, Michael) |
| Filing 15 Memorandum in Support regarding #14 MOTION to Dismiss filed by MASTER TENANT PARENT HOLDCO, LLC. (Attachments: #1 Exhibit 1-Affidavit of Wynn Sims) (Phillips, Michael) |
| Filing 14 MOTION to Dismiss filed by MASTER TENANT PARENT HOLDCO, LLC. (Phillips, Michael) |
| Filing 13 Financial Disclosure Statement by SSC Windsor Brian Management Company LLC, SVCARE Holdings, Inc., SavaSeniorCare Management, LLC, SavaSeniorCare, Inc. (Phillips, Michael) |
| Filing 12 Notice of Appearance filed by Michael E. Phillips on behalf of All Defendants. (Phillips, Michael) |
| Filing 11 Financial Disclosure Statement by Brian Center Health & Retirement/Windsor, Inc., Living Centers Southeast Development Corporation (Phillips, Michael) |
| Filing 10 NOTICE OF REMOVAL by Living Centers Southeast Development Corporation, Brian Center Health & Retirement/Windsor, Inc. from General Court of Justice Superior Court Division, case number 18CVS185. ( Filing fee $ 400 receipt number NCEDCMECF), filed by Living Centers Southeast Development Corporation, Brian Center Health & Retirement/Windsor, Inc.. (Attachments: #1 Exhibit 1- Complaint, #2 Exhibit 2-Records will be supplemented once received from the Court) (Phillips, Michael) |
| Filing 9 Financial Disclosure Statement by North Carolina Holdco II, LLC, North Carolina Holdco, LLC, Proto Equity Holdings, LLC, SSC Equity Holdings, LLC, SSC LP Holdings, Inc., SSC Special Holdings, LLC, SSC Submaster Holdings LLC, SSC Submaster Holdings, II LLC, SSC Windsor Brian Operating Company LLC, SVCARE Holdings LLC, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare, LLC, Special Holdings Parent Holdco, LLC, Terpax, Inc., MASTER TENANT PARENT HOLDCO, LLC (Phillips, Michael) |
| Filing 8 Financial Disclosure Statement by SMV Windsor Brian LLC (Phillips, Michael) |
| Filing 7 NOTICE OF REMOVAL by SMV Windsor Brian LLC from General Court of Justice Superior Court Division, case number 18CVS185. ( Filing fee $ 400 receipt number NCEDCMECF) (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Court Records will be supplemented once received) (Phillips, Michael) |
| Filing 6 Notice - Civil Cover Sheet filed by SSC Windsor Brian Operating Company LLC, SavaSeniorCare Administrative Services, LLC regarding #1 Notice of Removal . (Phillips, Michael) Modified on 8/27/2018 - added document description to docket text. (Sellers, N.) |
| Filing 5 Notice regarding #1 Notice of Removal, #2 Notice of Removal, #3 Notice of Removal, #4 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's counsel John M. McCabe of The Law Offices of John M. McCabe, P.A. at 1130 Kildaire Farm Rd., Suite 230, Cary, NC 27511. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Brian Center Health & Retirement/Windsor, Inc., North Carolina Holdco II, LLC, North Carolina Holdco, LLC, Proto Equity Holdings, LLC, SMV Windsor Brian LLC, SSC Equity Holdings, LLC, SSC LP Holdings, Inc., SSC Special Holdings, LLC, SSC Submaster Holdings LLC, SSC Submaster Holdings, II LLC, SSC Windsor Brian Management Company LLC, SSC Windsor Brian Operating Company LLC, SVCARE Holdings LLC, SVCARE Holdings, Inc., SavaSeniorCare Administrative Services, LLC, SavaSeniorCare Management, LLC, SavaSeniorCare, Inc., SavaSeniorCare, LLC, Special Holdings Parent Holdco, LLC, Terpax, Inc.. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal, #2 Notice of Removal, #3 Notice of Removal, #4 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event "Notice-Other". Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) |
| Filing 4 NOTICE OF REMOVAL by MASTER TENANT PARENT HOLDCO, LLC, NORTH CAROLINA HOLDCO II, LLC, North Carolina Holdco, LLC, Proto Equity Holdings, LLC, SAVASENIORCARE, LLC,, SPECIAL HOLDINGS PARENT HOLDCO, LLC, SSC Equity Holdings, LLC, SSC LP HOLDINGS, INC, SSC SPECIAL HOLDINGS, LLC, SSC SUBMASTER HOLDINGS II LLC, SSC SUBMASTER HOLDINGS LLC, SVCARE HOLDINGS LLC, Terpax, Inc. from General Court of Justice Superior Court Division, case number 18CVS185. ( Filing fee $ 400 receipt number NCEDCMECF) (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-State Court Docs) (Phillips, Michael) |
| Filing 3 NOTICE OF REMOVAL by SAVASENIORCARE MANAGEMENT, LLC, SSC WINDSOR BRIAN MANAGEMENT COMPANY LLC, SVCARE Holdings, Inc., SavaSeniorCare, Inc. from General Court of Justice Superior Court Division, case number 18CVS185. ( Filing fee $ 400 receipt number NCEDCMECF) (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Affidavit Wynn Sims, #3 Exhibit 3- State Court Docs) (Phillips, Michael) |
| Filing 2 NOTICE OF REMOVAL by SMV WINDSOR BRIAN LLC from General Court of Justice Superior Court Division, case number 18CVS185. ( Filing fee $ 400 receipt number NCEDCMECF) (Attachments: #1 Exhibit 1-Complaint docs, #2 Exhibit 2- Affidavit Wayne Craig, #3 Exhibit 3-State Court Filings) (Phillips, Michael) |
| Filing 1 NOTICE OF REMOVAL by SAVASENIORCARE Administrative Services, LLC, SSC WINDSOR BRIAN OPERATING COMPANY LLC from General Court of Justice Superior Court Division, case number 18CVS185. ( Filing fee $ 400 receipt number 0417-4633725), filed by SAVASENIORCARE Administrative Services, LLC, SSC WINDSOR BRIAN OPERATING COMPANY LLC. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Affidavit of Kristy Owen, #3 Exhibit 2-Affidavit of Kristy Owen, #4 Exhibit 3-Affidavit of Wynn Sims, #5 Exhibit 4-Summons & SOP, #6 Exhibit 4-Summons & SOP) (Phillips, Michael) |
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