Arland Kelley v. HCR ManorCare, Inc. et al
| Arland Kelley |
| HCP, Inc., Christine Garvey, Peter Rhein, Joseph Sullivan, Michael McKee, James Hoffmann, David Henry, Lauralee Martin, Timothy Schoen, HCR ManorCare, Inc., Brian Cartwright, Thomas Herzog, Lauralee E. Martin, Thomas M. Herzog, Scott A. Anderson, Timothy M. Schoen, James P. Hoffman, Christine N. Garvey, Michael D. Mckee, Brian G. Cartwright, David B. Henry, Joseph P. Sullivan and Peter L. Rhein |
| 3:2017cv02493 |
| November 28, 2017 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Lucas |
| Jeffrey J Helmick |
| Jack Zouhary |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 78
Order of Case Dismissal with prejudice. Judge Jeffrey J. Helmick on 1/5/2021. (S,AL)
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| Filing 77 Proposed Stipulation and Proposed Order of Dismissal filed by Scott A. Anderson, Brian G. Cartwright, Christine N. Garvey, HCP, Inc., David B. Henry, Thomas M. Herzog, Lauralee E. Martin, Michael D. Mckee, Peter L. Rhein, Timothy M. Schoen, Joseph P. Sullivan. (King, James) |
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Filing 76
Order: I order Kelley to show cause, within 30 days of the date of this Order, why the First Amended Complaint should not be dismissed for failure to state a claim. If Kelley files a show-cause brief, Defendants shall file their brief in response within 45 days of the date of this Order. Judge Jeffrey J. Helmick on 11/30/2020. (S,AL)
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| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 75 Notice of Withdrawal of Sarah A. Istel as Counsel for HCP Defendants filed by Brian G. Cartwright, Christine N. Garvey, HCP, Inc., David B. Henry, Thomas M. Herzog, James P. Hoffman, Lauralee E. Martin, Michael D. Mckee, Peter L. Rhein, Timothy M. Schoen, Joseph P. Sullivan. (King, James) |
| Filing 74 Marginal Entry Order granting attorney Jessie M. Gabriel's motion to withdraw as attorney for defendant HCR ManoCare, Inc. (Related Doc #73 ) Judge Jeffrey J. Helmick on 1/22/2019.(S,AL) |
| Filing 73 Motion by Jessie M. Gabriel to withdraw as attorney filed by Defendant HCR ManorCare, Inc.. (Gabriel, Jessie) |
| Filing 72 Attorney Appearance by Thomas D. Warren filed by on behalf of HCR ManorCare, Inc.. (Warren, Thomas) |
| Filing 71 Response to this Court's Order dated May 29, 2018 filed by Arland Kelley. Related document(s) #70 . (Federman, William) |
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Filing 70
Order: Plaintiff shall file a submission confirming the dates and amounts of share ownership, as well as continuing ownership, of HCP stock, within fifteen (15) days of this Order. Judge Jeffrey J. Helmick on 5/29/2018. (SG,D) Modified on 5/31/2018 (S,AL).
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| Filing 69 Attorney Appearance by Kirsten R. Fraser filed by on behalf of Scott A. Anderson, Brian G. Cartwright, Christine N. Garvey, HCP, Inc., David B. Henry, Thomas M. Herzog, James P. Hoffman, Lauralee E. Martin, Michael D. Mckee, Peter L. Rhein, Timothy M. Schoen, Joseph P. Sullivan. (Fraser, Kirsten) |
| Filing 68 Reply To HCP, Inc.'s, the Individual Defendants, and HCR ManorCare, Inc.'s Response to this Court's Order dated January 23, 2018 #60 filed by Arland Kelley. Related document(s) #65 , #66 . (Federman, William) |
| Filing 67 Waiver of Service Returned Executed by Arland Kelley. Scott A. Anderson waiver sent on 3/14/2018, answer due 5/14/2018 filed on behalf of Arland Kelley (Federman, William) |
| Filing 66 Response to #62 Plaintiff's Briefs in Response to the Court's January 23, 2018 Order filed by HCR ManorCare, Inc. Related document(s) #60 , #65 . (Gabriel, Jessie) |
| Filing 65 Response to #62 Plaintiffs' Briefs in Response to the Court's January 23, 2018 Order filed by Brian G. Cartwright, Christine N. Garvey, HCP, Inc., David B. Henry, Thomas M. Herzog, James P. Hoffman, Lauralee E. Martin, Michael D. Mckee, Peter L. Rhein, Timothy M. Schoen, Joseph P. Sullivan. Related document(s) #62 . (King, James) Modified text on 3/14/2018 (M,L). |
| Filing 64 Original Summons issued to counsel for service upon Scott A. Anderson. (M,L) |
| Filing 63 Notice of Filing Bankruptcy filed by HCR ManorCare, Inc.. (Gabriel, Jessie) |
| Filing 62 Response to this Court's Order of January 23, 2018 filed by Arland Kelley. Related document(s) #60 . (Attachments: #1 Exhibit A - F&S Firm Resume) (Federman, William) |
| Filing 61 First Amended complaint against All Defendants and adding new party defendant(s) Scott A. Anderson. Filed by Arland Kelley. (Attachments: #1 Summons) (Federman, William) |
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Filing 60
Order of Telephone Conference held on 1/19/2018. By February 23, 2018, Plaintiff shall file a brief putting forth his position with respect to consolidating this case and the Weldon case, as well as his position concerning staying this case until the motions to dismiss in Boynton Beach Firefighters' Pension Fund v. HCP, Inc., et al., No. 3:16-cv-1106, are resolved. Plaintiff shall also detail his suggested plan for moving this case forward should the cases not be consolidated and this case not be stayed. Defendants' responses are due March 9, 2018; Plaintiff shall reply by March 23, 2018; If Plaintiff deems it necessary to amend his complaint, he shall do so by February 23, 2018; and Defendants' obligations to answer or otherwise responsively plead are stayed until further order of the Court. Judge Jeffrey J. Helmick on 1/23/2018. Time: 35 minutes(SG,D)
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| Filing 59 Marginal Entry Order granting attorney Robert S. Green and James Robert Noblin's motion to withdraw as attorney for the plaintiff. (Related Doc #57 ). Judge Jeffrey J. Helmick on 1/18/2018.(S,AL) |
| Filing 58 Attorney Appearance by William B. Federman filed on behalf of Arland Kelley. (Federman, William) |
| Filing 57 Motion by Green & Noblin, P.C. to withdraw as attorney filed by Plaintiff Arland Kelley. (Dann, Marc) |
| Filing 56 Attorney Appearance by Michael A. Smith, Jr filed by on behalf of Arland Kelley. (Smith, Michael) |
| Filing 55 Attorney Appearance by Marc E. Dann filed by on behalf of Arland Kelley. (Dann, Marc) |
| Notice [Non Document]: Telephone Conference set for 1/12/2018 vacated and rescheduled for 1/19/2018 at 11:00 AM before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Notice [Non Document] of Telephone Conference set for 1/12/2018 at 9:30 AM in before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Filing 54 Notice of Withdrawal of Brian Neach as counsel for HCP Defendants filed by Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (King, James) |
| Filing 53 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Audra J. Soloway for defendants Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Micheal D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, and Joseph P. Sullivan, and nominal defendant HCP, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #50 ). Judge Jeffrey J. Helmick on 12/11/2017.(SG,D) |
| Filing 52 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Sarah A. Istel for defendants Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Micheal D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, and Joseph P. Sullivan, and nominal defendant HCP, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #49 ). Judge Jeffrey J. Helmick on 12/11/2017.(SG,D) |
| Filing 51 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Daniel J. Kramer for defendants Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Micheal D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, and Joseph P. Sullivan, and nominal defendant HCP, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #48 ). Judge Jeffrey J. Helmick on 12/11/2017.(SG,D) |
| Filing 50 Motion for attorney Audra J. Soloway to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8453289, filed by Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Certificate of Good Standing )(King, James) Modified exhibit text on 12/8/2017 (G,CA). |
| Filing 49 Motion for attorney Sarah A. Istel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8453280, filed by Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Certificate of Good Standing)(King, James) Modified exhibit text on 12/8/2017 (G,CA). |
| Filing 48 Motion for attorney Daniel J. Kramer to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8453256, filed by Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Certificate of Good Standing (King, James) Modified exhibit text on 12/8/2017 (G,CA). |
| Filing 47 Attorney Appearance by James A. King filed by on behalf of Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (King, James) |
| Notice to Attorney Audra J. Soloway. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney James Robert Noblin. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney Brian Neach. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney Robert S. Green. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney Sarah A. Istel. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Notice to Attorney Daniel J. Kramer. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
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Filing 46
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Jack Zouhary on 11/29/2017. (D,L)
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| Judge Jeffrey J. Helmick assigned to case. Judge Jack Zouhary terminated. (R,Ke) |
| Filing 45 Magistrate Consent Form issued. (H,SN) |
| Filing 44 CASE TRANSFERRED IN from District of California Central. Case number 8:17-cv-01259. Electronic File, transfer order and docket sheet received. |
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Filing 43
MINUTES (IN CHAMBERS) Order GRANTING Defendants' Motion to Transfer #18 by Judge James V. Selna: For the foregoing reasons, the Court grants the motion to transfer. The Court denies the motion to stay as moot. The Court finds that oral argument would not be helpful in this matter and vacates the December 4, 2017 hearing. Fed. R. Civ. P. 78; Local Rule 7-15. See document for further information. Case transferred to the Northern District of Ohio. Original file, certified copy of transfer order and docket sheet sent. MD JS-6. Case Terminated. (lwag) [Transferred from cacd on 11/28/2017.]
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| Copy of Docket and Magistrate Consent form mailed to Attorney's Green, Gabriel, Soloway, Neach, Kramer, Istel, at Address's on the docket on 11/28/2017. (H,SN) |
| Notice by Clerk that HCR ManorCare, Inc. and HCP, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,SN) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (H,SN) |
| Judge Jack Zouhary assigned to case. (H,SN) |
| Filing 42 REPLY in support of NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #17 filed by Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 41 REPLY filed by Defendant HCR ManorCare, Inc. to Joinder (Motion Related) #37 in HCP Defendants' Motion to Transfer Or, In The Alternative, Stay Action (Gabriel, Jessie) [Transferred from cacd on 11/28/2017.] |
| Filing 40 OPPOSITION to Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #18 , NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #17 filed by Plaintiff Arland Kelley. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Green, Robert) [Transferred from cacd on 11/28/2017.] |
| Filing 39 (IN CHAMBERS) The Court, on its own motion, CONTINUES the Scheduling Conference, previously set for 11/6/2017 at 11:30 AM, to MONDAY, 12/4/2017 at 1:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY [Transferred from cacd on 11/28/2017.] |
| Filing 38 CERTIFICATE of Interested Parties filed by Defendant HCR ManorCare, Inc., identifying National Union Fire Insurance Co.; Endurance American Insurance Co.; Allied World Assurance Co.; Beazley Insurance Co., Inc.; Arch Insurance Co.. (Gabriel, Jessie) [Transferred from cacd on 11/28/2017.] |
| Filing 37 JOINDER in NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #17 filed by Defendant HCR ManorCare, Inc.. (Gabriel, Jessie) [Transferred from cacd on 11/28/2017.] |
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Filing 36
ORDER by Judge James V. Selna, on Stipulation to Continue Hearing Date on HCP Defendants' Motion to Transfer, #35 . 1. The hearing date on the Transfer/Stay Motion shall be continued from November 6, 2017, to December 4, 2017; 2. ManorCare's brief in response to the Transfer/Stay Motion shall be filed on or before October 30, 2017; 3. Plaintiff's opposition brief to both the Transfer/Stay Motion and ManorCare's brief shall be filed on or before November 13, 2017; and 4. Reply briefs shall be filed on or before November 20, 2017; and 5. ManorCare's time to respond to the complaint shall be extended to the date thirty (30) days after this Court's ruling on the Transfer/Stay Motion. IT IS SO ORDERED. (see document for details). (dro) [Transferred from cacd on 11/28/2017.]
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| Filing 35 Joint STIPULATION to Continue Hearing Date on HCP Defendants' Motion to Transfer from November 6, 2017 to December 4, 2017 Re: Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #18 filed by Defendant HCR ManorCare, Inc.. (Attachments: #1 Proposed Order)(Attorney Jessie Morgan Gabriel added to party HCR ManorCare, Inc.(pty:dft))(Gabriel, Jessie) [Transferred from cacd on 11/28/2017.] |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff Arland Kelley, upon Defendant HCR ManorCare, Inc. served on 10/9/2017, answer due 10/30/2017. Service of the Summons and Complaint were executed upon HCR MANORCARE, INC. in compliance with statute not specified by personal service.Original Summons NOT returned. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
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Filing 33
ORDER by Judge James V. Selna: On Stipulation to Continue Hearing Date on HCP Defendants' Motion to Transfer and Extend Date for HCP Defendants' Response to Complaint #32 . The hearing re Motion originally scheduled have been rescheduled (Motion set for hearing on 11/6/2017 at 01:30 PM before Judge James V. Selna.) HCP Defendants' time to respond to the complaint shall be extended to the date sixty (60) days after this Court's ruling on the Transfer/Stay Motion. (mt) [Transferred from cacd on 11/28/2017.]
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| Filing 32 Joint STIPULATION to Continue Hearing on HCP Defendants' Motion to Transfer/Stay from October 23, 2017 to November 6, 2017 Re: Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division #18 filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Proposed Order)(Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 31 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Joseph Sullivan waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 30 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Timothy Schoen waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 29 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Peter Rhein waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 28 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Michael McKee waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 27 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Lauralee Martin waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 26 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon James Hoffmann waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Thomas Herzog waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 24 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon David Henry waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 23 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Christine Garvey waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
| Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff Arland Kelley. upon Brian Cartwright waiver sent by Plaintiff on 9/14/2017, answer due 11/13/2017. Waiver of Service signed by Sarah Istel. (Noblin, James) [Transferred from cacd on 11/28/2017.] |
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Filing 21
ORDER by Judge James V. Selna: granting #16 Non-Resident Attorney Sarah A Istel APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Michael D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, Joseph P. Sullivan, and HCP, Inc., designating Brian Neach as local counsel. (es) [Transferred from cacd on 11/28/2017.]
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Filing 20
ORDER by Judge James V. Selna, GRANTING #15 Non-Resident Attorney Audra J Soloway APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Michael D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, Joseph P. Sullivan, and HCP, Inc., designating Brian Neach as local counsel. (es) [Transferred from cacd on 11/28/2017.]
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Filing 19
ORDER by Judge James V. Selna, GRANTING #14 Non-Resident Attorney Daniel J Kramer APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Lauralee E. Martin, Thomas M. Herzog, Timothy M. Schoen, Michael D. McKee, Brian G. Cartwright, Christine N. Garvey, David B. Henry, James P. Hoffman, Peter L. Rhein, Joseph P. Sullivan, and HCP, Inc., designating Brian Neach as local counsel. (es) [Transferred from cacd on 11/28/2017.]
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| Filing 18 Amended NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. Motion set for hearing on 10/23/2017 at 01:30 PM before Judge James V. Selna. (Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 17 NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Ohio, Western Division filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. Motion set for hearing on 10/23/2017 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum, #2 Declaration of Brian Neach, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order) (Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 16 APPLICATION of Non-Resident Attorney Sarah A. Istel to Appear Pro Hac Vice on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20532569) filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Pete r Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 15 APPLICATION of Non-Resident Attorney Audra J. Soloway to Appear Pro Hac Vice on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20532539) filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Pe ter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 14 APPLICATION of Non-Resident Attorney Daniel J. Kramer to Appear Pro Hac Vice on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20532505) filed by Defendants & Nominal Defendant Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Pe ter Rhein, Timothy Schoen, Joseph Sullivan. (Attachments: #1 Exhibit Cert of Good Standing, #2 Proposed Order) (Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 13 CERTIFICATE of Interested Parties filed by Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan, (Neach, Brian) [Transferred from cacd on 11/28/2017.] |
| Filing 12 NOTICE of Appearance filed by attorney Brian Neach on behalf of Defendants Brian Cartwright, Christine Garvey, HCP, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan (Attorney Brian Neach added to party Brian Cartwright(pty:dft), Attorney Brian Neach added to party Christine Garvey(pty:dft), Attorney Brian Neach added to party HCP, Inc.(pty:dft), Attorney Brian Neach added to party David Henry(pty:dft), Attorney Brian Neach added to party Thomas Herzog(pty:dft), Attorney Brian Neach added to party James Hoffmann(pty:dft), Attorney Brian Neach added to party Lauralee Martin(pty:dft), Attorney Brian Neach added to party Michael McKee(pty:dft), Attorney Brian Neach added to party Peter Rhein(pty:dft), Attorney Brian Neach added to party Timothy Schoen(pty:dft), Attorney Brian Neach added to party Joseph Sullivan(pty:dft))(Neach, Brian) [Transferred from cacd on 11/28/2017.] |
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Filing 11
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge James V. Selna. Rule 26 Meeting Report due by 10/30/2017. Scheduling Conference set for 11/6/2017 at 11:30 AM before Judge James V. Selna. (jlen) [Transferred from cacd on 11/28/2017.]
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| Filing 10 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) [Transferred from cacd on 11/28/2017.] |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant HCP, Inc.. (jp) [Transferred from cacd on 11/28/2017.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Brian Cartwright, Christine Garvey, HCR ManorCare, Inc., David Henry, Thomas Herzog, James Hoffmann, Lauralee Martin, Michael McKee, Peter Rhein, Timothy Schoen, Joseph Sullivan. (jp) [Transferred from cacd on 11/28/2017.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) [Transferred from cacd on 11/28/2017.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Jay C. Gandhi. (jp) [Transferred from cacd on 11/28/2017.] |
| Filing 5 CERTIFICATE of Interested Parties filed by Plaintiff Arland Kelley, (Green, Robert) [Transferred from cacd on 11/28/2017.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arland Kelley. (Green, Robert) [Transferred from cacd on 11/28/2017.] |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arland Kelley. (Green, Robert) [Transferred from cacd on 11/28/2017.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Arland Kelley. (Green, Robert) [Transferred from cacd on 11/28/2017.] |
| Filing 1 COMPLAINT Receipt No: 0973-20220063 - Fee: $400, filed by Plaintiff Arland Kelley. (Attorney Robert S Green added to party Arland Kelley(pty:pla))(Green, Robert) [Transferred from cacd on 11/28/2017.] |
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