Nightingale Nursing Services Inc. v. Accordius Health at Creekside Care LLC
| Nightingale Nursing Services Inc. |
| Accordius Health at Creekside Care LLC |
| 2:2024cv00005 |
| February 14, 2024 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Contract Dispute |
| None |
Docket Report
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| Document Text |
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| Filing 17 Certificate of Service filed by Nightingale Nursing Services Inc. regarding Case Selected for Mediation, . (Darer, Brian) |
TEXT ORDER regarding defendant's partial motion to dismiss DE #14 and case scheduling Where plaintiff pleads its unjust enrichment/quantum meruit claim expressly in the alternative, in the event "the Agreement or any parts thereof [are] invalid," (Compl. (DE 1-2) at 3), dismissal of the unjust enrichment/quantum meruit claim at this juncture is premature. Accordingly, defendant's motion is DENIED. Ordinarily at this juncture the court would trigger the parties scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. However, upon review of the record in this matter, the court on its own initiative has identified this case as one that may be suitable for early alternative dispute resolution. If agreed, the parties are DIRECTED to report on the docket within 14 days of the date of this order 1) their determination to undertake early settlement activities; 2) what the structure and time frame shall be of those activities; and 3) to identify any limited discovery deemed necessary in preface to their submission to some identified alternative dispute resolution technique. If 14 days elapses and no report is made, the court's initial order regarding planning and scheduling shall issue. Signed by District Judge Louise Wood Flanagan on 4/12/2024. (Collins, S)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #14 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Searchable. (Collins, S) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S) |
| Filing 16 RESPONSE in Opposition regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Partial filed by Nightingale Nursing Services Inc.. (Darer, Brian) |
| Filing 15 Memorandum in Support regarding #14 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Searchable filed by Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) |
| Filing 14 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Searchable filed by Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) |
| Filing 13 Corrected ANSWER to Complaint Searchable by Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) |
| Filing 12 Notice of Appearance filed by Andrew L. Fitzgerald on behalf of Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) |
| Filing 11 Financial Disclosure Statement by Accordius Health at Creekside Care LLC (Fitzgerald, Andrew) |
| Notice to Counsel regarding: #10 Answer to Complaint (Notice of Removal), #8 Motion to Dismiss for Failure to State a Claim, #9 Memorandum in Support. These documents indicate in the signature blocks that additional counsel will be appearing and notates "pro hac forthcoming". Local Counsel is encouraged to review Local Civil Rule 83.1 and share with any attorneys wishing to appear in this case as to the requirements for special appearance in this district. (Collins, S) |
| NOTICE OF DEFICIENCY regarding #4 Financial Disclosure Statement, #10 Answer to Complaint (Notice of Removal), #8 Motion to Dismiss for Failure to State a Claim, #9 Memorandum in Support, #5 Notice of Appearance. Filings are not text searchable. Local Civil Rule 5.1 and Section IV(A) of the court's CM/ECF policies and procedures manual require that all documents submitted for filing be in a text searchable format. Counsel is directed to refile. Instructions for how to make a document text searchable is located on the courts website under the "CM/ECF" section in the "instructional guides" category. (Collins, S) |
| Filing 10 **CORRECTED AND REFILED AT #13 ** ANSWER to Complaint by Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) Modified on 2/22/2024 (Collins, S). |
| Filing 9 **CORRECTED AND REFILED AT #15 ** Memorandum in Support regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Partial filed by Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) Modified on 2/22/2024 (Collins, S). |
| Filing 8 **CORRECTED AND REFILED AT #14 ** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Partial filed by Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) Modified on 2/22/2024 (Collins, S). |
| Filing 7 Financial Disclosure Statement by Nightingale Nursing Services Inc. (Darer, Brian) |
| Filing 6 Notice of Appearance filed by Brian David Darer on behalf of Nightingale Nursing Services Inc.. (Darer, Brian) |
| Filing 5 Notice of Appearance filed by Andrew L. Fitzgerald on behalf of Accordius Health at Creekside Care LLC. (Fitzgerald, Andrew) |
| Filing 4 Financial Disclosure Statement by Accordius Health at Creekside Care LLC (Fitzgerald, Andrew) |
| Filing 3 Notice to Counsel Regarding Removal of Case to Eastern District of North Carolina regarding #1 Notice of Removal sent via US mail to Attorney Brian D. Darer of Parker, Poe, Adams & Bernstein, LLP at 301 Fayetteville Street, Ste. 1400, Raleigh, NC 27601. (Collins, S) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S) |
| NOTICE OF DEFICIENCY regarding #2 Financial Disclosure Statement. Counsel must refile this document pursuant to Section IV.B. of the court's CM/ECF Policies and Procedures Manual requiring 'flattened' versions of fillable documents and forms to be filed in order to prevent manipulation of the form's data. (Collins, S) |
| Filing 2 Financial Disclosure Statement by Accordius Health at Creekside Care LLC (Fitzgerald, Andrew) |
| Filing 1 NOTICE OF REMOVAL by Accordius Health at Creekside Care LLC from Hertford County Superior Court, case number 24-cvs-18. ( Filing fee $ 405 receipt number ANCEDC-7474928), filed by Accordius Health at Creekside Care LLC. (Attachments: #1 Civil Cover Sheet Supplemental Cover Sheet, #2 Exhibit Complaint, #3 Exhibit Summons, #4 Affidavit Affidavit of Service, #5 Affidavit Declaration of Naftali Zanziper, #6 Exhibit Notice of Removal to State Court) (Fitzgerald, Andrew) |
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| Plaintiff: Nightingale Nursing Services Inc. | |
| Represented By: | Brian David Darer |
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| Defendant: Accordius Health at Creekside Care LLC | |
| Represented By: | Andrew L. Fitzgerald |
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