Pauls Valley Hospital Authority v. Newlight Healthcare LLC et al
| Pauls Valley Hospital Authority |
| LTC Group LLC, Newlight Healthcare LLC and First United Bank and Trust Co |
| 5:2018cv00826 |
| August 26, 2018 |
| US District Court for the Western District of Oklahoma |
| Stephen P Friot |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on October 18, 2018. A more recent docket listing may be available from PACER.
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| Filing 34 STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 12/3/2018 11:30 AM in Chambers before Honorable Stephen P. Friot. Status Report due by 11/29/2018. (llg) |
| Filing 33 ANSWER to #10 Answer to Complaint / Disclaimer, Counterclaim,,,,,, by All Plaintiffs.(Agee, Brett) |
Filing 32
ORDER granting #30 Plaintiff's Motion for Extension of Time to Answer re #10 Counterclaim. Pauls Valley Hospital Authority's answer due 10/10/2018. #31 Defendant NewLight Healthcare LLC's Motion for Entry of Default is stricken without prejudice to refiling, if appropriate. Signed by Honorable Stephen P. Friot on 10/3/2018. (llg)
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| Filing 31 MOTION for Entry of Default against plaintiff Pauls Valley Hospital Authority d/b/a Pauls Valley General Hospital by Newlight Healthcare LLC. (Leonard, Ryan) |
| Filing 30 MOTION for Extension of Time to File Answer re #10 Answer to Complaint / Disclaimer, Counterclaim,,,,,, by All Plaintiffs. (Agee, Brett) |
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Filing 29
ORDER REASSIGNING CASE. Case reassigned to Honorable Stephen P. Friot for all further proceedings. Honorable Joe Heaton no longer assigned to case...for future filings in this case the letters at the end of the case number should now be "F". Signed by Honorable Joe Heaton on 09/25/2018. (lam)
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Filing 28
ORDER plaintiff Pauls Valley Hospital Authority is preliminarily enjoined from and directed to cease interference with NewLight's efforts to enforce its rights under its security interest in PVHA's receivables...and is further ordered to provide for the depositing of receivables received by PVHA into an appropriate escrow account pending further order of the court or the agreement of all affected parties, including NewLight; if NewLight elects to, and does, post a proper security bond in PVHA's favor in the amount of $800,000, the provision for the escrow arrangement shall be deemed deleted and NewLight may take possession of the escrowed receivables; this order does not otherwise affect the exercise of whatever rights NewLight may have under the various security documents. Signed by Honorable Joe Heaton on 9/21/2018. (cla)
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| Filing 27 Minute Entry for proceedings held before Honorable Joe Heaton... Motion Hearing held on 09/21/2018; parties present; the court hears oral arguments from the parties; the court converts the temporary restraining order to a preliminary injunction for the reasons stated on the bench; written order to follow. (Court Reporter Christy Clark.) (cla) |
| Filing 26 MOTION for Release of Bond Obligation , MOTION for Release of Funds in conjunction with Motion for Preliminary Injunction [Doc. No. 12] by Newlight Healthcare LLC. (Attachments: #1 Exhibit 1- Transcript of September 10, 2018, hearing, #2 Exhibit 2- Oklahoman article, September 18, 2018, #3 Exhibit 3- Excerpt of CEO Frank Avignone video-recorded public statement at Hospital meeting)(Leonard, Ryan) |
| Filing 25 ENTER ORDER pursuant to the telephone conference held 09/19/2018 the court resets the 09/21/2018 to 3:00 p.m., in Courtroom No. 301 before the Honorable Joe Heaton. Signed by Honorable Joe Heaton on 09/19/2018. (lam) |
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Filing 24
ORDER granting #23 Motion to Strike Settlement Conference. Signed by Magistrate Judge Suzanne Mitchell on 9/14/18. (lb)
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| Filing 23 JOINT MOTION to Strike Settlement Conference (filed on behalf of Plaintiff) by Newlight Healthcare LLC. (Leonard, Ryan) |
| Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 10, 2018, before Judge Joe Heaton. Court Reporter: Sherri Grubbs, Telephone number 405.609.5203. Transcript of: Motion Hearing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/12/2018. (sg) |
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Filing 21
ORDER for reasons stated in court, PVHA's motion to extend the existing TRO #16 is denied; NewLight's motion for TRO #12 is granted; defendant's motion for preliminary injunction is set for hearing on 09/21/2018 @ 9:00 a.m., in Courtroom No. 301...absent further order of the court the TRO entered here will expire at that time; this case will be set for judicial settlement conference at the earliest opportunity recognizing the importance of this dispute to the parties and to those served by the hospital...see order for specifics. Signed by Honorable Joe Heaton on 09/12/2018. (lam)
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| Set/Reset Hearings: per order #21 defendant's motion for preliminary injunction is set for hearing on 09/21/2018 @ 09:00 AM in Courtroom 301 Honorable Joe Heaton. (lam) |
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Filing 19
ORDER SETTING SETTLEMENT CONFERENCE. Settlement Conference set for 9/17/2018 at 1:30 PM in Room 1301 before Magistrate Judge Suzanne Mitchell. Signed by Magistrate Judge Suzanne Mitchell on 9/11/18. (lb)
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| Filing 20 WITNESS LIST by plaintiff as to the motions hearing held on 09/10/2018. (cla) |
| Filing 18 Minute Entry for proceedings held before Honorable Joe Heaton...motion hearing held on 09/10/2018; counsel for the parties present; witness testimony heard; the court finds defendants' motion for temporary restraining order #12 should be granted and that plaintiff's motion for extension of state court restraining order #16 should be denied for the reasons stated on the bench; the court sets a motion for preliminary injunction hearing for 09/21/2018 @ 9:00 a.m. in Courtroom No. 301; the court grants plaintiff's oral unopposed motion for a settlement conference before a U.S. Magistrate Judge; written order to follow. (Court Reporter Sherri Grubbs.) (cla) |
| Filing 17 ENTRY of Appearance by Christa L Sullivan on behalf of LTC Group LLC, Newlight Healthcare LLC (Sullivan, Christa) |
| Filing 16 MOTION for Temporary Restraining Order Extension by All Plaintiffs. (Agee, Brett) |
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Filing 15
ORDER Setting Hearing on motions #7 defendant's motion to dissolve TRO and #12 defendant's motion for TRO...motions set for hearing on 09/10/2018 @ 04:00 PM in Courtroom 301 before Honorable Joe Heaton. Signed by Honorable Joe Heaton on 09/10/2018. (lam)
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| Filing 14 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Joe Heaton for all further proceedings. Honorable Stephen P. Friot no longer assigned to case. Entered at the direction of Honorable Stephen P. Friot on 9/9/2018. (llg) |
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Filing 13
ORDER TO TRANSFER. Pursuant to the terms of the letter defining the basis for this judge's service on senior status, the Clerk is DIRECTED to return this case to the draw for reassignment to another judge. Signed by Honorable Stephen P. Friot on 9/9/2018. (llg)
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| Filing 12 MOTION for Temporary Restraining Order against Pauls Valley Hospital Authority d/b/a Pauls Valley General Hospital by Newlight Healthcare LLC. (Attachments: #1 Exhibit 1- PVHA Agenda, #2 Exhibit 2- TRO, #3 Exhibit 3- Management Services Agreement, #4 Exhibit 4- Security Agreement, #5 Exhibit 5- Promissory Note, #6 Exhibit 6- First Amendment to Security Agreement, #7 Exhibit 7- October 2016 UCC Financing Statement, #8 Exhibit 8- Amended UCC-1 Financing Statement, #9 Exhibit 9- April 16, 2018, Executed Notice Letter, #10 Exhibit 10- June 26, 2018, Notice of Continuing Defaults and Demand for Turnover of Funds, #11 Exhibit 11- July 30, 2018, Notice to Pauls Valley National Bank, #12 Exhibit 12- Notice of Private Sale Disposition of Collateral, #13 Exhibit 13- Final Notice of Continuing Defaults and Demand for Turnover of Funds, #14 Exhibit Demand for Financial Access and Information, #15 Exhibit 15- Oklahoma UCC Search)(Leonard, Ryan) |
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Filing 11
ORDER regarding #7 Defendants NewLight Healthcare, LLC and LTC Group, LLC's Motion to Dissolve Temporary Restraining Order. Counsel are advised that, for all practicable purposes, the TRO will expire on Monday, September 10, 2018 (as fully set out in this order). Signed by Honorable Stephen P. Friot on 9/7/2018. (llg)
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| Filing 10 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Pauls Valley Hospital Authority by Newlight Healthcare LLC. (Attachments: #1 Exhibit Management Services Agreement, November 12, 2013., #2 Exhibit Security Agreement, #3 Exhibit Promissory Note, #4 Exhibit First Amendment to Security Agreement, #5 Exhibit UCC-1 Financing Statement, October 2016, #6 Exhibit Amended UCC-1 Financing Statement, #7 Exhibit Executed Notice Letter (Newlight Pauls Valley), April 16, 2018, #8 Exhibit Notice of Continuing Defaults and Demand for Trunover of Funds Received, June 26, 2018, #9 Exhibit Notice to Pauls Valley National Bank, July 30, 2018, #10 Exhibit Notice of Private Sale Disposition of Collateral, #11 Exhibit Final Notice of Continuing Defaults and Demand for Turnover of Funds, #12 Exhibit Demand for Financial Access and Information, #13 Exhibit Oklahoma UCC Search, #14 Exhibit PHVA Agenda)(Leonard, Ryan) |
| Filing 9 ANSWER to Complaint (Notice of Removal) by LTC Group LLC.(Leonard, Ryan) |
| Filing 8 ANSWER to Complaint (Notice of Removal) Notice of Disclaimer of Interest by First United Bank and Trust Co.(Burrage, Heather) |
| NOTICE from the Court STRIKING #6 First United Bank and Trust Co.'s Notice of Disclaimer of Interest for the reason that the document is unsigned. See ECF Policies & Procedures Manual, Section II.C.1.a. Counsel for First United Bank and Trust Co. is DIRECTED to refile the Notice of Disclaimer of Interest, correctly signed. (llg) |
| Filing 7 MOTION for Discharge Motion to Dissolve Temporary Restraining Order by LTC Group LLC, Newlight Healthcare LLC. (Attachments: #1 Exhibit 1- Petition, #2 Exhibit 2- Temporary Restraining Order, #3 Exhibit 3- Notice of Filing Notice of Removal, #4 Exhibit 4- Management Services Agreement, #5 Exhibit 5- Security Agreement, #6 Exhibit 6- Promissory Note, #7 Exhibit 7- First Amendment to Security Agreement, #8 Exhibit 8- October 2016 UCC-1 Financing Statement, #9 Exhibit 9- Amended UCC-1 Financing Statement, #10 Exhibit 10- April 16, 2018, Executed Notice Letter, #11 Exhibit 11- June 26, 2018, Notice of Continuing Defaults, #12 Exhibit 12- July 30, 2018, Notice to Pauls Valley National Bank, #13 Exhibit 13- Notice of Private Sale Disposition of Collateral, #14 Exhibit 14- Final Notice of Continuing Defaults and Demand for Turnover of Funds, #15 Exhibit 15- Demand for Financial Access and Information, #16 Exhibit 16- Oklahoma UCC Search, #17 Exhibit 17- PVHA Agenda)(Leonard, Ryan) |
| Filing 6 ANSWER to Complaint (Notice of Removal) Notice of Disclaimer of Interest by First United Bank and Trust Co.(Burrage, Heather) (STRICKEN by 9/5/2018 Notice from the Court.) Modified on 9/5/2018 (llg). |
| Filing 5 ENTRY of Appearance by Heather H Burrage on behalf of First United Bank and Trust Co (Burrage, Heather) |
| Filing 4 AMENDED NOTICE OF REMOVAL by LTC Group LLC, Newlight Healthcare LLC (Leonard, Ryan) Modified on 9/4/2018 (llg). |
| AMENDED NOTICE OF REMOVAL from Garvin County District Court, case number CJ-18-121 filed by LTC Group LLC, Newlight Healthcare LLC (SEE DOC. NO. 4 FOR DOCUMENT).(llg) |
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Filing 3
ORDER re #1 Notice of Removal filed by Newlight Healthcare LLC, LTC Group LLC. Dfts NewLight Healthcare LLC & LTC Group LLC are DIRECTED to file an amended notice of removal within 10 business days which supplies the missing jurisdictional information regarding plf & dfts (as fully set out in this order). Signed by Honorable Stephen P. Friot on 8/29/2018. (llg)
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| Filing 2 ENTRY of Appearance by Ryan T Leonard on behalf of LTC Group LLC, Newlight Healthcare LLC (Leonard, Ryan) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2761197. (Leonard, Ryan) |
| Filing 1 NOTICE OF REMOVAL from Garvin County District Court, case number CJ-18-121 filed by LTC Group LLC, Newlight Healthcare LLC. (Attachments: #1 Exhibit 1 Petition, #2 Exhibit 2 TRO, #3 Exhibit 3 Security Agreement, #4 Exhibit 4 Promissory Note, #5 Exhibit 5 First Amendment to Security Agreement, #6 Exhibit 6 UCC Financing Statement, #7 Exhibit UCC Amended Financing Statement, #8 Exhibit 8 Declaration of Ryan Leonard, #9 Exhibit 9 Docket Sheet, #10 Exhibit 10 Summons Newlight Healthcare, #11 Exhibit 11 Summons LTC Group LLC, #12 Civil Cover Sheet)(kr) |
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