SMITH v. ATRIUM HEALTH et al
Plaintiff: KEVIN M. SMITH
Defendant: ATRIUM HEALTH, NORTHEAST MEDICAL CENTER, WHITLEY ENTERPRISES, DEPARTMENT OF VETERANS AFFAIRS, DENIS MCDONOUGH, DELESLIE SMITH-FULLER and CAROLINA MEMORIAL PARK
Case Number: 1:2023cv00702
Filed: August 18, 2023
Court: US District Court for the Middle District of North Carolina
Presiding Judge: WILLIAM L OSTEEN
Referring Judge: JOE L WEBSTER
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2023 Filing 14 RESPONSE filed by Plaintiff KEVIN M. SMITH re #8 MOTION to Dismiss for Lack of Jurisdiction filed by DEPARTMENT OF VETERANS AFFAIRS, DENIS MCDONOUGH filed by KEVIN M. SMITH. Replies due by 10/30/2023. (Attachments: #1 Attachment, #2 Envelope - Front and Back) (Hicks, Samantha)
October 10, 2023 Filing 13 Roseboro Letter - Right to Respond re #1 Motion to Dismiss. (Hicks, Samantha)
October 10, 2023 Filing 12 BRIEF re #11 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit)(DERR, TRICIA)
October 10, 2023 Filing 11 MOTION to Dismiss for Lack of Jurisdiction by ATRIUM HEALTH, NORTHEAST MEDICAL CENTER. Response to Motion due by 10/31/2023 (DERR, TRICIA)
September 29, 2023 Filing 10 Roseboro Letter - Right to Respond re #8 Motion to Dismiss. (Hicks, Samantha)
September 29, 2023 Filing 9 BRIEF re #8 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit)(CHILDS, JOAN)
September 29, 2023 Filing 8 MOTION to Dismiss for Lack of Jurisdiction by DEPARTMENT OF VETERANS AFFAIRS, DENIS MCDONOUGH. Response to Motion due by 10/20/2023 (CHILDS, JOAN)
August 28, 2023 Answer updated for DEPARTMENT OF VETERANS AFFAIRS to 10/10/2023; DENIS MCDONOUGH to 10/10/2023. (Hicks, Samantha)
August 28, 2023 TEXT ORDER granting #7 Motion for Extension of Time to Answer filed by DEPARTMENT OF VETERANS AFFAIRS, DENIS MCDONOUGH. For good cause shown, Defendants Department of Veterans Affairs and Denis McDonough, Secretary of the Department of Veterans Affairs, shall have up to and including October 10, 2023 within which to file, answer, or otherwise respond to Plaintiff's Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 8/28/2023.(Lee, Pedra)
August 28, 2023 Motion Referred to MAG/JUDGE JOE L. WEBSTER re: #7 MOTION for Extension of Time to File Answer re #3 Complaint. (Daniel, J)
August 25, 2023 Filing 7 MOTION for Extension of Time to File Answer re #3 Complaint by DEPARTMENT OF VETERANS AFFAIRS, DENIS MCDONOUGH. (Attachments: #1 Text of Proposed Order)(CHILDS, JOAN)
August 21, 2023 Filing 6 SUPPLEMENT re #3 Complaint by Plaintiff KEVIN M. SMITH. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Envelope - Front and Back) (Hicks, Samantha)
August 21, 2023 Filing 5 Notice of Right to Consent. (Attachments: #1 Consent Form)(Bowers, Alexis)
August 21, 2023 Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Bowers, Alexis)
August 18, 2023 Filing 4 Summons Issued as to DEPARTMENT OF VETERANS AFFAIRS, NORTHEAST MEDICAL CENTER.(State Court document originally filed in Cabarrus County Superior Court, case number 23cvs2500, issued on 08/02/2023, listed as exhibit 1 to the #1 Petition for Removal) (Bowers, Alexis)
August 18, 2023 Filing 3 COMPLAINT against All Defendants, filed by KEVIN M. SMITH. (State Court document originally filed in Cabarrus County Superior Court, case number 23cvs2500, listed as exhibit 2 to the #1 Petition for Removal)(Bowers, Alexis)
August 18, 2023 Filing 2 NOTICE to State Court of Filing Petition for Removal by Defendants Department of Veterans Affairs, Denis McDonough, Secretary of the Department of Veterans Affairs (CHILDS, JOAN)
August 18, 2023 Filing 1 PETITION FOR REMOVAL from Cabarrus County Superior Court, case number 23cvs2500 against Kevin Smith, filed by Denis McDonough, Secretary of the Department of Veterans Affairs, Department of Veterans Affairs. (Attachments: #1 Exhibit, #2 Exhibit)(CHILDS, JOAN) Modified on 8/18/2023 to add State Court information (Bowers, Alexis).

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Search for this case: SMITH v. ATRIUM HEALTH et al
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Plaintiff: KEVIN M. SMITH
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Defendant: ATRIUM HEALTH
Represented By: TRICIA MORVAN DERR
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Defendant: NORTHEAST MEDICAL CENTER
Represented By: TRICIA MORVAN DERR
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Defendant: WHITLEY ENTERPRISES
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Defendant: DEPARTMENT OF VETERANS AFFAIRS
Represented By: JOAN BRODISH CHILDS
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Defendant: DENIS MCDONOUGH
Represented By: JOAN BRODISH CHILDS
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Defendant: DELESLIE SMITH-FULLER
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Defendant: CAROLINA MEMORIAL PARK
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