Gerics v. Accordius Health at Wilmington, LLC, et al
Plaintiff: AMY GERICS, Administrator of the Estate of JOHANNE DIMIDIO, DECEASED and Amy Gerics
Defendant: ccordius Health at Wilmington, LLC, d/b/a Accordius Health at Wilmington, Accordius Health, LLC and Accordius Health at Wilmington, LLC d/b/a Accordius Health at Wilmington
Case Number: 7:2023cv01046
Filed: June 2, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Referring Judge: Kimberly A Swank
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2023 Opinion or Order Filing 15 ORDER - The court GRANTS defendants' motion to compel arbitration and stay proceedings #6 . The parties shall advise the court once the parties have completed arbitration. Signed by District Judge James C. Dever III on 7/25/2023. (Mann, Stephanie)
July 24, 2023 Motion Submitted to District Judge James C. Dever III regarding #6 MOTION to Compel Arbitration and Stay Proceedings. (Mann, Stephanie)
July 18, 2023 Filing 14 Proposed Order regarding #6 MOTION to Compel Arbitration and Stay Proceedings filed by Amy Gerics. (Pleasant, Thomas)
July 17, 2023 Filing 13 Proposed Order regarding #6 MOTION to Compel Arbitration and Stay Proceedings filed by Accordius Health at Wilmington, LLC, Accordius Health, LLC. (Phillips, Michael)
July 17, 2023 Notice to Counsel regarding: This is a notice regarding docket entry #6 in the above-captioned case. Pursuant to Judge Dever's Practice and Procedures located on the courts website, http://www.nced.uscourts.gov/judges/deverpref.aspx, counsel shall provide a single-sided, file-stamped courtesy copy of ALL documents containing twenty (20) or more pages, including all attachments and/or exhibits. All courtesy copies should be mailed or delivered to the Case Manager, U.S. District Court, Eastern District of North Carolina, 310 New Bern Avenue, Raleigh, North Carolina 27601. Documents will be held for submission until courtesy copies have been received. (Mann, Stephanie)
July 17, 2023 Notice to Counsel regarding: #6 Motion to Compel. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual and Judge Dever's practice preferences, parties must file a proposed order with any non-dispositive motion. Please file a proposed order to the motion at docket entry #6 using the event 'Proposed Order' in the Responses and Replies category and link it back to the motion to which it corresponds. (Mann, Stephanie)
July 12, 2023 Filing 12 REPLY to Response to Motion regarding #6 MOTION to Compel Arbitration and Stay Proceedings filed by Accordius Health at Wilmington, LLC, Accordius Health, LLC. (Attachments: #1 Exhibit A - ED encounter, #2 Exhibit B - Assessment, #3 Exhibit C - Discharge summary, #4 Exhibit D - Comp note, #5 Exhibit E - Progress note, #6 Exhibit F - Advanced directive) (Phillips, Michael)
July 5, 2023 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, #www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Mann, Stephanie)
June 28, 2023 Filing 11 Memorandum in Opposition regarding #6 Motion to Compel Arbitration and Stay Proceedings filed by Amy Gerics. (Attachments: #1 Exhibit P-1 Affidavit of Dr. Patricia Hotaling, #2 Exhibit P-2 Progress Note, #3 Exhibit P-3 Death Certificate) (Pleasant, Thomas)
June 13, 2023 Filing 10 Notice of Special Appearance for non-district by Garry Rhoden on behalf of Amy Gerics. (Rhoden, Garry)
June 13, 2023 Filing 9 Financial Disclosure Statement by Amy Gerics (Pleasant, Thomas)
June 13, 2023 Filing 8 Notice of Appearance filed by Thomas Waitt Pleasant on behalf of Amy Gerics. (Pleasant, Thomas)
June 7, 2023 Filing 7 Memorandum in Support regarding #6 MOTION to Compel Arbitration and Stay Proceedings filed by Accordius Health at Wilmington, LLC, Accordius Health, LLC. (Phillips, Michael)
June 7, 2023 Filing 6 MOTION to Compel Arbitration and Stay Proceedings filed by Accordius Health at Wilmington, LLC, Accordius Health, LLC. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Agreement) (Phillips, Michael)
June 6, 2023 Filing 5 Notice of Appearance filed by Michael E. Phillips on behalf of Accordius Health at Wilmington, LLC, Accordius Health, LLC. (Phillips, Michael)
June 6, 2023 Filing 4 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel, Thomas W. Pleasant of Pleasant Law, PLLC at 4801 Glenwood Ave., Ste. 277, Raleigh, NC 27612 and Garry J. Rhoden of Rhoden Law Firm at 1280 Industrial Avenue, Ste. 101D, Craig, CO 81625 mailed via US Mail on June 6, 2023. (Rudd, D.)
June 6, 2023 Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
June 6, 2023 Notice to Counsel regarding: #2 Financial Disclosure Statement, #3 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the financial disclosure statements) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
June 2, 2023 Filing 3 Financial Disclosure Statement by Accordius Health, LLC. (Phillips, Michael)
June 2, 2023 Filing 2 Financial Disclosure Statement by ccordius Health at Wilmington, LLC, d/b/a Accordius Health at Wilmington (Phillips, Michael)
June 2, 2023 Filing 1 NOTICE OF REMOVAL by Accordius Health, LLC, ccordius Health at Wilmington, LLC, d/b/a Accordius Health at Wilmington from Superior Court of New Hanover County, case number 23-CVS-1420. ( Filing fee $ 402 receipt number ANCEDC-7119241), filed by Accordius Health, LLC, ccordius Health at Wilmington, LLC, d/b/a Accordius Health at Wilmington. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court File, #3 Exhibit C - Civil Cover Sheet, #4 Exhibit D - Supplemental Removal Sheet) (Phillips, Michael)

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Search for this case: Gerics v. Accordius Health at Wilmington, LLC, et al
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Plaintiff: AMY GERICS, Administrator of the Estate of JOHANNE DIMIDIO, DECEASED
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Plaintiff: Amy Gerics
Represented By: Garry Rhoden
Represented By: Thomas W Pleasant
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Defendant: ccordius Health at Wilmington, LLC, d/b/a Accordius Health at Wilmington
Represented By: Michael E. Phillips
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Defendant: Accordius Health, LLC
Represented By: Michael E. Phillips
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Defendant: Accordius Health at Wilmington, LLC d/b/a Accordius Health at Wilmington
Represented By: Michael E. Phillips
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