KELLY v. ACCORDIUS HEALTH AT SALISBURY, LLC et al
| Sharon Kelly, as Administrator of the Estate of Carolyn Philbeck, Deceased and SHARON KELLY |
| Accordius Health at Salisbury, LLC d/b/a Accordius Health at Salisbury, ACCORDIUS HEALTH, LLC, Salisbury Two Propco, LLC and ACCORDIUS HEALTH AT SALISBURY, LLC doing business as ACCORDIUS HEALTH AT SALISBURY |
| 1:2022cv01120 |
| December 21, 2022 |
| US District Court for the Middle District of North Carolina |
| JOE L WEBSTER |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 13 RESPONSE in Opposition re #9 MOTION to Compel Arbitration and Stay Proceedings filed by ACCORDIUS HEALTH, LLC, ACCORDIUS HEALTH AT SALISBURY, LLC filed by SHARON KELLY. Replies due by 3/3/2023 (Attachments: #1 Exhibit Ex 1_Guardian Papers, #2 Exhibit Ex 2_Complaint, #3 Exhibit Ex 3_Admission Agreement, #4 Exhibit Exhibit Ex 4_Arbitration Agreement, #5 Exhibit Ex 5_Williamson v. Windsor House One, #6 Exhibit Ex 6_35A-1241 Powers and Duties of Guardian of Person, #7 Exhibit Ex 7_Munn v. Haymount)(KALARITES, ANNA) |
| Reset Response Deadline re #9 MOTION to Compel Arbitration and Stay Proceedings. Response to Motion due by 2/17/2023. (Hicks, Samantha) |
| TEXT ORDER granting #12 Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion. For good cause shown, Plaintiff shall have up to and including February 17, 2023 to respond to Defendants' Motion to Compel Arbitration and Stay Proceedings (Docket Entry 9). Issued by MAG/JUDGE JOE L. WEBSTER on 1/20/2023. (CANUTO, VANESSA) |
| Motions Referred: RE: #12 First MOTION for Extension of Time to File Response/Reply as to #11 Notice (Other), #9 MOTION to Compel Arbitration and Stay Proceedings, #10 Memorandum, , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 12 First MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Compel Arbitration and Stay Proceedings SHARON KELLY. (Attachments: #1 Text of Proposed Order)(KALARITES, ANNA) Modified on 1/19/2023 to remove unnecessary docket numbers. (Hicks, Samantha) |
| Filing 11 NOTICE by ACCORDIUS HEALTH AT SALISBURY, LLC, ACCORDIUS HEALTH, LLC re #10 Memorandum, Certificate of Word Count (PHILLIPS, MICHAEL) |
| Filing 10 MEMORANDUM filed by Defendants ACCORDIUS HEALTH AT SALISBURY, LLC, ACCORDIUS HEALTH, LLC re #9 MOTION to Compel Arbitration and Stay Proceedings filed by ACCORDIUS HEALTH AT SALISBURY, LLC, ACCORDIUS HEALTH, LLC. (PHILLIPS, MICHAEL) |
| Filing 9 MOTION to Compel Arbitration and Stay Proceedings by ACCORDIUS HEALTH AT SALISBURY, LLC, ACCORDIUS HEALTH, LLC. Response to Motion due by 1/18/2023 (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Admissions Agreement, #3 Exhibit 3 - Optional Dispute Resolution Agreement, #4 Exhibit 4 - Letter of Appointment Guardian)(PHILLIPS, MICHAEL) |
| CASE REFERRED to Standing Order 30. (Carter, Alexus) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Carter, Alexus) |
| Filing 8 ECF 30 Day Notice as to Attorney M. JUSTIN HOLOMAN. ECF 30 Day Notice due by 1/26/2023. (Carter, Alexus) |
| Filing 7 Summons Issued as to All Defendants. (Originally filed in Rowan County Superior Court, Case Number 22-CVS-1937, and issued 11/18/2022.) (Carter, Alexus) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Carter, Alexus) |
| Filing 6 COMPLAINT against All Defendants, filed by SHARON KELLY. (Originally filed in Rowan County Superior Court, Case Number 22-CVS-1937, and listed as Exhibit A to the Petition for Removal.) (Carter, Alexus) (Main Document 6 replaced on 12/27/2022 to delete Exhibit cover page.) (Carter, Alexus). |
| Filing 5 AMENDED PETITION for Removal, filed by ACCORDIUS HEALTH, LLC, ACCORDIUS HEALTH AT SALISBURY, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court file)(PHILLIPS, MICHAEL) |
| Filing 4 Corporate Disclosure Statement. (PHILLIPS, MICHAEL) |
| Filing 3 Corporate Disclosure Statement. (PHILLIPS, MICHAEL) |
| Filing 2 Corporate Disclosure Statement. (PHILLIPS, MICHAEL) |
| Filing 1 PETITION FOR REMOVAL against Sharon Kelly, as Administrator of the Estate of Carolyn Philbeck, Deceased ( Filing fee $ 402 receipt number ANCMDC-3454245.), filed by Salisbury Two Propco, LLC, ACCORDIUS HEALTH, LLC, Accordius Health at Salisbury, LLC d/b/a Accordius Health at Salisbury. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court file)(PHILLIPS, MICHAEL) |
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