WENRICH v. MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE et al
Plaintiff: BETTY WENRICH
Defendant: HCR MANOR CARE SERVICES, LLC, MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE, PROMEDICA HEALTH SYSTEM, INC., HEARTLAND EMPLOYMENT SERVICES, LLC, HCR II HEALTHCARE, LLC, HCR IV HEALTHCARE, LLC, MANORCARE OF LAURELDALE PA, HCR MANORCARE, LLC, HCRMC OPERATIONS, LLC, HCR III HEALTHCARE, LLC, HCR HEALTHCARE, LLC, MANOR CARE, INC., HCR MANORCARE OPERATIONS II, LLC, MANORCARE HEALTH SERVICES, INC. and HCR MANORCARE, INC.
Case Number: 5:2021cv00789
Filed: February 22, 2021
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: JOHN M GALLAGHER
Referring Judge: TIMOTHY R RICE
Nature of Suit: P.I.: Medical Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2021 Opinion or Order Filing 34 STIPULATION AND ORDER TO TRANSFER TO BINDING ARBITRATION AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 9/13/2021. 9/14/2021 ENTERED AND COPIES E-MAILED.(sg, )
September 13, 2021 Filing 33 STIPULATION by MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE. (HORST, ERIC)
September 13, 2021 Filing 32 NOTICE of Appearance by ERIC B. HORST on behalf of MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE (HORST, ERIC)
June 11, 2021 Opinion or Order Filing 31 ORDER THAT PLAINTIFF'S MOTION TO REMAND TO STATE COURT (DOC. NO. #16 ) IS DENIED. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 6/11/21.6/11/21 ENTERED AND COPIES E-MAILED.(amas, )
June 9, 2021 Opinion or Order Filing 30 ORDER THAT BY AUGUST 9, 2021, PLAINTIFF SHALL FILE LIMITED RESPONSES TO DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS COMPLAINT DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS COMPLAINT (DOCS. 12, 13, 14), ADDRESSING ONLY WHETHER THE PARTIES ARE BOUND BY AN ARBITRATION AGREEMENT. DISCOVERY DUE BY 8/1/2021., MOTION FOR SUMMARY JUDGMENT DUE BY 12/9/2022. ETC.. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 6/9/2021. 6/10/2021 ENTERED AND COPIES E-MAILED.(sg, )
June 9, 2021 Filing 29 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Pretrial Conference held on 6/9/2021. (sg, )
May 21, 2021 Filing 27 CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE THAT THIS CASE IS REFERRED TO A UNITED STATES MAGISTRATE JUDGE, TIMOTHY R. RICE, TO CONDUCT ALL PROCEEDINGS AND ORDER THE ENTRY OF A FINAL JUDGMENT IN ACCORDANCE WITH 28 U.S.C. 636(C) AND FED. R. CIV. P. 73. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 5/20/21. 5/21/21 ENTERED AND COPIES E-MAILED.(mas, )
May 20, 2021 Filing 28 NOTICE that the Rule 16 conference scheduled for Thursday, May 27, 2021 at 11:00 AM (ECF No. #25 ) is CANCELLED. (mas, )
May 17, 2021 Filing 26 Parties' Joint Written Report Pursuant to FRCP 26 by HCR HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR III HEALTHCARE, LLC, HCR IV HEALTHCARE, LLC, HCR MANOR CARE SERVICES, LLC, HCR MANORCARE OPERATIONS II, LLC, HCR MANORCARE, INC., HCR MANORCARE, LLC, HCRMC OPERATIONS, LLC, HEARTLAND EMPLOYMENT SERVICES, LLC, MANOR CARE, INC., MANORCARE HEALTH SERVICES, INC., MANORCARE OF LAURELDALE PA, MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE, PROMEDICA HEALTH SYSTEM, INC.. (BOOTIER, MICHAEL) Modified on 5/19/2021 (tjd).
April 2, 2021 Filing 25 NOTICE of Hearing: A Rule 16 SCHEDULING CONFERENCE SET via TELEPHONE FOR 5/27/2021 11:00 AM BEFORE HONORABLE JOHN M. GALLAGHER.(dt, )
March 23, 2021 Filing 24 Reply in Support of Defendants', Manor Care of Laureldale Pa, HCR Manorcare, LLC, Manorcare Health Services, Inc., Manor Care, Inc., HCRMC Operations, LLC, and HCR Manorcare Operations, II, LLC, Motion to Dismiss Plaintiff's Complaint pursuant to FRCP 12(b)(6). (DT)
March 23, 2021 Filing 23 Reply in Support of Defendant Promedica Health System, Inc's Motion to Dismiss Plaintiff's Complaint pursuant to FRCP 12(b)(2) & 12(b)(6).(DT)
March 23, 2021 Filing 22 Reply in Support of Defendants, Manor Care of Laureldale pa, LLC, d/b/a Manorcare Health Services-Laureldale; HCR Manorcare, inc., HCR IV Healthcare, LLC, HCR III Healthcare, LLC; HCR II Healthcare, LLC, HCR HealthCare, LLC; Heartland Emplyment Services, LLC: HCR Manor Care Services, LLC Motion to Dismiss Planitff's Complaint Pusuant to FRCP 12(B)(6).
March 23, 2021 Opinion or Order Filing 21 ORDER OF 3/22/21 THAT DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY MEMO OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS IS GRANTED. DEFENDANTS' REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTIONS TO DISMISS PLAINTFF'S COMPLAINT ATTACHED TO DEFENDANTS' MOTION FOR LEAVE SHALL BE FILED WITH THE COURT. FURTHER ORDERED THAT DEFENDANTS' REPLY MEMORANDUM SHALL BE DEEMED TO HAVE BEEN FILED TIMELY, PURSUANT TO THE COURT'S CHAMBERS POLICIES. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 3/22/21. 3/23/21 ENTERED AND COPIES E-MAILED. (DT)
March 22, 2021 Filing 20 First MOTION for Leave to File Reply Memorandums of Law filed by HCR HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR III HEALTHCARE, LLC, HCR IV HEALTHCARE, LLC, HCR MANOR CARE SERVICES, LLC, HCR MANORCARE OPERATIONS II, LLC, HCR MANORCARE, INC., HCR MANORCARE, LLC, HCRMC OPERATIONS, LLC, HEARTLAND EMPLOYMENT SERVICES, LLC, MANOR CARE, INC., MANORCARE HEALTH SERVICES, INC., MANORCARE OF LAURELDALE PA, MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE, PROMEDICA HEALTH SYSTEM, INC... (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibit "A" - Reply Memorandum of Law in Support of Omnibus Motion to Dismiss, #3 Exhibit Exhibit "B" - Reply Memorandum of Law in Support of ProMedica's Motion to Dismiss, #4 Exhibit Exhibit "C" - Reply Memorandum of Law in Support of Non-Existent Defendants' Motion to Dismiss, #5 Certificate of Service)(BOOTIER, MICHAEL)
March 19, 2021 Filing 19 RESPONSE in Opposition re #16 MOTION to Remand to State Court Pursuant to 28 U.S.C. 1447(C) filed by HCR HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR III HEALTHCARE, LLC, HCR IV HEALTHCARE, LLC, HCR MANOR CARE SERVICES, LLC, HCR MANORCARE OPERATIONS II, LLC, HCR MANORCARE, INC., HCR MANORCARE, LLC, HCRMC OPERATIONS, LLC, HEARTLAND EMPLOYMENT SERVICES, LLC, MANOR CARE, INC., MANORCARE HEALTH SERVICES, INC., MANORCARE OF LAURELDALE PA, MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE, PROMEDICA HEALTH SYSTEM, INC.. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(BOOTIER, MICHAEL)
March 15, 2021 Filing 18 RESPONSE in Opposition re #13 First MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE 12(B)(2) filed by BETTY WENRICH. (Attachments: #1 Exhibit)(GOVOROV, ANDREI)
March 15, 2021 Filing 17 RESPONSE in Opposition re #14 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FEDERAL RULE 12(B)(6), #12 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FEDERAL RULE 12(B)(6) filed by BETTY WENRICH. (Attachments: #1 Exhibit)(GOVOROV, ANDREI)
March 12, 2021 Filing 16 MOTION to Remand to State Court filed by BETTY WENRICH.Brief. (Attachments: #1 Exhibit Exhibits to Motion to Remand)(GOVOROV, ANDREI)
March 2, 2021 Filing 15 NOTICE of Withdrawal and Substitution of Counsel on behalf of BETTY WENRICH (GOVOROV, ANDREI) Modified on 3/3/2021 (lisad, ).
March 1, 2021 Filing 14 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FEDERAL RULE 12(B)(6) filed by HCR MANORCARE OPERATIONS II, LLC, HCR MANORCARE, LLC, HCRMC OPERATIONS, LLC, MANOR CARE, INC., MANORCARE HEALTH SERVICES, INC., MANORCARE OF LAURELDALE PA.. (Attachments: #1 Memorandum Memorandum of Law, #2 Exhibit Exhibit A - Complaint, #3 Exhibit Exhibit B - Voluntary Arbitraiton Agreement, #4 Exhibit Exhibit C - HCR Manor Care, LLC, #5 Exhibit Exhibit D - Manor Care Health Services, Inc., #6 Exhibit Exhibit E - HCR Manor Care, Inc. (Formerly HCRMC Operations, LLC), #7 Exhibit Exhibit F - Yetter v. HCR ManorCare, LLC, #8 Text of Proposed Order Proposed Order, #9 Certificate of Compliance (Meet & Confer), #10 Certificate of Service Certificate of Service)(BOOTIER, MICHAEL)
March 1, 2021 Filing 13 First MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FEDERAL RULE 12(B)(2) filed by PROMEDICA HEALTH SYSTEM, INC... (Attachments: #1 Memorandum Memorandum of Law, #2 Exhibit Exhibit A - Plaintiff's Complaint, #3 Exhibit Exbhit B - Plaintiff's Affidavit of Service on ProMedica, #4 Exhibit Exhibit C - Affidavit of Timothy Roberts, #5 Exhibit Exhibit D - Voluntary Arbitration Agreement, #6 Text of Proposed Order Proposed Order - Motion to Dismiss ProMedica, #7 Certificate of Compliance (Met & Confer), #8 Certificate of Service Certificate of Service)(BOOTIER, MICHAEL)
March 1, 2021 Filing 12 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FEDERAL RULE 12(B)(6) filed by HCR HEALTHCARE, LLC, HCR II HEALTHCARE, LLC, HCR III HEALTHCARE, LLC, HCR IV HEALTHCARE, LLC, HCR MANOR CARE SERVICES, LLC, HCR MANORCARE, INC., HEARTLAND EMPLOYMENT SERVICES, LLC, MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE.. (Attachments: #1 Memorandum Memorandum of Law, #2 Exhibit Exhibit A - Complaint, #3 Exhibit Exhibit B - Voluntary Arbitraiton Agreement, #4 Exhibit Exhibit C - Yetter v. HCR Manor Care, LLC, #5 Exhibit Exhibit D - Pittas v. Health Care Retirement Corp, #6 Text of Proposed Order Proposed Order, #7 Certificate of Compliance (Meet & Confer), #8 Certificate of Service Certificate of Service)(BOOTIER, MICHAEL)
February 23, 2021 Filing 11 NOTICE on behalf of BETTY WENRICH(MOSCARIELLO, DENINE) *FILED IN ERORR BY INCORRECT ATTORNEY; ENTERING ATTORNEY TO RE-FILE* Modified on 2/24/2021 (lisad, ).
February 22, 2021 Filing 10 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PROMEDICA HEALTH SYSTEM, INC..(BOOTIER, MICHAEL)
February 22, 2021 Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 including HCR Healthcare, LLC with Certificate of Service by HEARTLAND EMPLOYMENT SERVICES, LLC.(BOOTIER, MICHAEL)
February 22, 2021 Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 including HCR III Healthcare, LLC with Certificate of Service by HCR IV HEALTHCARE, LLC.(BOOTIER, MICHAEL)
February 22, 2021 Filing 7 Disclosure Statement Form pursuant to FRCP 7.1 including HCR Healthcare, LLC with Certificate of Service by HCR MANOR CARE SERVICES, LLC.(BOOTIER, MICHAEL)
February 22, 2021 Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 including ProMedica Health System, Inc. with Certificate of Service by HCR MANORCARE, INC..(BOOTIER, MICHAEL)
February 22, 2021 Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 including HCR ManorCare, Inc. with Certificate of Service by HCR HEALTHCARE, LLC.(BOOTIER, MICHAEL)
February 22, 2021 Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 including HCR Healthcare, LLC with Certificate of Service by HCR II HEALTHCARE, LLC.(BOOTIER, MICHAEL)
February 22, 2021 Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 including HCR II Healthcare, LLC with Certificate of Service by HCR III HEALTHCARE, LLC.(BOOTIER, MICHAEL)
February 22, 2021 Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including HCR III Healthcare, LLC with Certificate of Service by MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE.(BOOTIER, MICHAEL)
February 22, 2021 Filing 1 NOTICE OF REMOVAL by MANOR CARE, INC., HCR HEALTHCARE, LLC, HCR MANORCARE, INC., HCR III HEALTHCARE, LLC, MANORCARE OF LAURELDALE PA, HCRMC OPERATIONS, LLC, HEARTLAND EMPLOYMENT SERVICES, LLC, HCR MANOR CARE SERVICES, LLC, HCR IV HEALTHCARE, LLC, MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE, HCR MANORCARE, LLC, PROMEDICA HEALTH SYSTEM, INC., HCR II HEALTHCARE, LLC, HCR MANORCARE OPERATIONS II, LLC, MANORCARE HEALTH SERVICES, INC. (Filing fee $ 402 receipt number 0313-14931410), filed by MANOR CARE, INC., HCR HEALTHCARE, LLC, HCR MANORCARE, INC., HCR III HEALTHCARE, LLC, MANORCARE OF LAURELDALE PA, HCRMC OPERATIONS, LLC, HEARTLAND EMPLOYMENT SERVICES, LLC, HCR MANOR CARE SERVICES, LLC, HCR IV HEALTHCARE, LLC, MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE, HCR MANORCARE, LLC, PROMEDICA HEALTH SYSTEM, INC., HCR II HEALTHCARE, LLC, HCR MANORCARE OPERATIONS II, LLC, MANORCARE HEALTH SERVICES, INC.. (Attachments: #1 Civil Cover Sheet, #2 Case Management Track Form, #3 Designation Form, #4 Exhibit Exhibit "A" - State Court Filings)(BOOTIER, MICHAEL)

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Defendant: HCR MANOR CARE SERVICES, LLC
Represented By: MICHAEL BOOTIER
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Defendant: MANORCARE OF LAURELDALE PA, LLC D/B/A MANORCARE HEALTH SERVICES - LAURELDALE
Represented By: MICHAEL BOOTIER
Represented By: ERIC B. HORST
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Defendant: PROMEDICA HEALTH SYSTEM, INC.
Represented By: MICHAEL BOOTIER
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Defendant: HEARTLAND EMPLOYMENT SERVICES, LLC
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Defendant: HCR II HEALTHCARE, LLC
Represented By: MICHAEL BOOTIER
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Defendant: HCR IV HEALTHCARE, LLC
Represented By: MICHAEL BOOTIER
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Defendant: MANORCARE OF LAURELDALE PA
Represented By: MICHAEL BOOTIER
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Defendant: HCR MANORCARE, LLC
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Defendant: HCRMC OPERATIONS, LLC
Represented By: MICHAEL BOOTIER
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Defendant: HCR III HEALTHCARE, LLC
Represented By: MICHAEL BOOTIER
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Defendant: HCR HEALTHCARE, LLC
Represented By: MICHAEL BOOTIER
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Defendant: MANOR CARE, INC.
Represented By: MICHAEL BOOTIER
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Defendant: HCR MANORCARE OPERATIONS II, LLC
Represented By: MICHAEL BOOTIER
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Defendant: MANORCARE HEALTH SERVICES, INC.
Represented By: MICHAEL BOOTIER
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Defendant: HCR MANORCARE, INC.
Represented By: MICHAEL BOOTIER
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Plaintiff: BETTY WENRICH
Represented By: DENINE MARIE MOSCARIELLO
Represented By: ANDREI N. GOVOROV
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