CARROLL v. COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC et al
| APRIL CARROLL |
| COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC doing business as BRIGHTON REHABILITATON AND WELLNESS CENTER, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, CHMS GROUP, LLC, SAMUEL HALPER, EPHRAM LAHASKY, HEALTHCARE SERVICES GROUP, INC., HCSG LABOR SUPPLY, LLC, HCSG SUPPLY, INC., HCSG STAFF LEASING SOLUTIONS, LLC and HCSG EAST, LLC |
| 2:2022cv00686 |
| May 6, 2022 |
| U.S. District Court for the Western District of Pennsylvania |
| David S Cercone |
| Maureen P Kelly |
| P.I.: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
Docket Report
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Filing 34
ORDER: Defendants have filed pending Motions to Dismiss, ECF Nos. #23 and #21 . In accordance with the Court's Orders, ECF Nos. 26 and 31, Plaintiff has filed a Second Amended Complaint for the purpose of adding HSCG East, LLC as a party. Given the limited nature of this amendment, and in the interest of efficiency, the Court will consider the pending Motions to Dismiss as being addressed to the allegations in Plaintiff's Second Amended Complaint if moving Defendants so choose. See, e.g., MSA Prod., Inc. v. Nifty Home Prod., Inc., 883 F. Supp. 2d 535, 539 (D. N.J. 2012). Accordingly, moving Defendants must file notice on or before July 14, 2022 if they elect to rely on their previously filed motions in response to the Second Amended Complaint. Signed by Magistrate Judge Maureen P. Kelly on 7/1/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (akr)
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| Update Answer Deadline: Answer due from COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC on 7/14/2022; SAMUEL HALPER on 7/14/2022; HEALTHCARE SERVICES GROUP, INC. on 7/14/2022; EPHRAM LAHASKY on 7/14/2022 (lar) |
| Filing 33 Errata re #32 Amended Complaint Second by APRIL CARROLL. Reason for Correction: Second Amended Complaint. (Attachments: #1 Exhibit) (Bailey, Elizabeth) |
| Filing 32 First AMENDED COMPLAINT against All Defendants All Defendants, filed by APRIL CARROLL. (Attachments: #1 Exhibit) (Bailey, Elizabeth) Modified on 7/1/2022 to remove from public view. Amended Complaint refiled as Errata at #33 (lar). |
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Filing 31
ORDER: The parties previously filed a stipulation to substitute HSCG East, LLC as a Defendant in this action. ECF No. #20 . The Court construed this request as Motion to Amend, and it granted Plaintiff leave to amend her Complaint on or before June 22, 2022. ECF No. 26 . To date, however, Plaintiff has not filed an Amended Complaint. If Plaintiff intends to add HSCG East, LLC as a party, she must amend her pleadings by July 7, 2022. Signed by Magistrate Judge Maureen P. Kelly on 6/30/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (akr)
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| Filing 30 BRIEF in Opposition re #12 Motion to Remand filed by COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, SAMUEL HALPER, EPHRAM LAHASKY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Kimball, Andrew) |
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Filing 29
ORDER approving #27 Stipulation to extend the deadline to respond to Defendants' Motions to Dismiss. Plaintiff's deadline to respond to the Motions to Dismiss, ECF Nos. 21 and 23, is extended until July 29, 2022. Counsel are advised that any future requests to modify this Court's orders should be submitted by motion. Signed by Magistrate Judge Maureen P. Kelly on 6/21/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (akr)
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| Filing 28 NOTICE of Supplemental Authority by APRIL CARROLL (Attachments: #1 Exhibit) (Bailey, Elizabeth) |
| Filing 27 STIPULATION by APRIL CARROLL. (Bailey, Elizabeth) |
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Filing 26
ORDER: the Court approves the Stipulation to Dismiss Defendants HCSG Labor Supply, LLC, HCSG Supply, Inc., and HCSG Staff Leasing Solutions, Inc. Those parties are dismissed without prejudice. To the extent the parties stipulate to substitute HCSG East, LLC as a defendant in this action, however, any proposed claims against this entity must be properly pleaded and served in accordance with the Federal Rules of Civil Procedure. As such, the Court construes the parties' stipulation to substitute HCSG East, LLC as a Motion to Amend the Complaint, and this motion is GRANTED. Plaintiff may file an Amended Complaint to incorporate allegations against HCSG East, LLC by 6/22/22. HCSG SUPPLY, INC., HCSG LABOR SUPPLY, LLC and HCSG STAFF LEASING SOLUTIONS, LLC terminated. Signed by Magistrate Judge Maureen P. Kelly on 6/16/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (akr)
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Filing 25
ORDER Response re #23 Motion to Dismiss for Failure to State a Claim and #21 Motion to Dismiss for Failure to State a Claim. Responses due by 7/7/2022. Signed by Magistrate Judge Maureen P. Kelly on 6/16/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (akr)
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| Filing 24 BRIEF in Support re #23 Motion to Dismiss for Failure to State a Claim, Pursuant to Rule 12(b)(6) filed by HEALTHCARE SERVICES GROUP, INC.. (Attachments: #1 Exhibit A Amended Complaint) (Swistak, Jennifer) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(b)(6) by HEALTHCARE SERVICES GROUP, INC.. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Exhibit A Amended Complaint, #2 Exhibit B Certification for Motion to Dismiss, #3 Proposed Order) (Swistak, Jennifer) |
| Filing 22 BRIEF in Support re #21 Motion to Dismiss for Failure to State a Claim, Pursuant to Rule 12(B)(6), Rule 12(B)(1), and Rule 8(A) filed by COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, SAMUEL HALPER, EPHRAM LAHASKY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Kimball, Andrew) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(B)(6), Rule 12(B)(1), and Rule 8(A) by COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, SAMUEL HALPER, EPHRAM LAHASKY. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Proposed Order) (Kimball, Andrew) |
| Filing 20 STIPULATION to Dismiss and Substitute HCSG Defendants by HEALTHCARE SERVICES GROUP, INC.. (Attachments: #1 Proposed Order) (Swistak, Jennifer) |
| Filing 19 STIPULATION by APRIL CARROLL. (Bailey, Elizabeth) |
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Filing 18
ORDER dismissing Defendants CHMS GROUP, LLC and COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC. CHMS GROUP, LLC and COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC terminated. Signed by Magistrate Judge Maureen P. Kelly on 6/14/22. (akr)
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| Filing 17 STIPULATION to Dismiss Defendants, Comprehensive Management Services Property, LLC and CHMS Group, LLC by CHMS GROUP, LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, SAMUEL HALPER, EPHRAM LAHASKY. (Attachments: #1 Proposed Order) (Curren, Erica) |
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Filing 16
ORDER Response re #12 Motion to Remand. Response to the Motion due by 6/28/2022. Signed by Magistrate Judge Maureen P. Kelly on 6/7/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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| Filing 15 STIPULATION for Excess Pages for Brief in Support of Motion to Dismiss and Brief in Opposition to Plaintiff's #12 Motion to Remand by CHMS GROUP, LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, SAMUEL HALPER, EPHRAM LAHASKY. (Attachments: #1 Proposed Order) (Curren, Erica) Modified on 6/8/2022 to add document linkage. (kss) |
| Filing 14 Errata re #13 Motion to Remand by APRIL CARROLL. Reason for Correction: Brief in Support of Motion to Remand. (Bailey, Elizabeth) |
| Filing 13 MOTION to Remand by APRIL CARROLL. Motion(s) referred to Maureen P. Kelly. (Bailey, Elizabeth) Modified on 6/6/2022 to remove from public view. Brief in Support was refiled as Errata at #14 (lar). |
| Filing 12 MOTION to Remand by APRIL CARROLL. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Bailey, Elizabeth) |
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Filing 11
ORDER granting #8 Motion for Extension of Time to Answer Plaintiff's Complaint. HCSG LABOR SUPPLY, LLC answer due 6/15/2022; HCSG STAFF LEASING SOLUTIONS, LLC answer due 6/15/2022; HCSG SUPPLY, INC. answer due 6/15/2022; HEALTHCARE SERVICES GROUP, INC. answer due 6/15/2022. Signed by Magistrate Judge Maureen P. Kelly on 5/20/2022. (et)
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Filing 10
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 5/20/2022. (et)
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| Filing 9 Errata re #8 Motion for Extension of Time to File Answer, to Plaintiff's Complaint by HCSG LABOR SUPPLY, LLC, HCSG STAFF LEASING SOLUTIONS, LLC, HCSG SUPPLY, INC.. Reason for Correction: Signature on document and filer do not match. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Certificate of Service) (Swistak, Jennifer) |
| Filing 8 MOTION for Extension of Time to File Answer to Plaintiff's Complaint by HCSG LABOR SUPPLY, LLC, HCSG STAFF LEASING SOLUTIONS, LLC, HCSG SUPPLY, INC. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Certificate of Service) (Swistak, Jennifer) Modified on 5/20/2022 to add linkage. Motion was refiled as Errata at #9 (lar). |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #8 Motion for Extension of Time to File Answer. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (lar) |
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Filing 7
ORDER granting #6 Motion to Extend Time for Response to Plaintiff's Complaint. Response due 6/15/2022. Signed by Magistrate Judge Maureen P. Kelly on 5/10/2022. (et)
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| Filing 6 MOTION to Extend Time to File Response to Plaintiff's Complaint by CHMS GROUP, LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, SAMUEL HALPER, EPHRAM LAHASKY. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Proposed Order) (lar) |
| Filing 5 Errata re #3 Stipulation, by CHMS GROUP, LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, SAMUEL HALPER, EPHRAM LAHASKY. Reason for Correction: Defendants mistakenly thought Plaintiff consented to this extension and filed it as a Stipulation. Plaintiff does not consent, so it should be filed as a Motion, not a Stipulation. (Attachments: #1 Proposed Order) (Curren, Erica) Modified on 5/9/2022 to remove from public view. Motion refiled at #6 (lar). |
| Filing 4 NOTICE of Appearance by Erica Kelly Curren on behalf of CHMS GROUP, LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, SAMUEL HALPER, EPHRAM LAHASKY. (Curren, Erica) |
| Filing 3 STIPULATION for Extension of Time to File Response to Plaintiff's Complaint by CHMS GROUP, LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, SAMUEL HALPER, EPHRAM LAHASKY. (Attachments: #1 Proposed Order) (Curren, Erica) Modified on 5/9/2022 to remove from public view. Redocketed as Errata at #5 (lar). |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC. (Curren, Erica) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Errata. ERROR: Wrong event selected. CORRECTION: Re-docketed as Motion to Extend Time to File Response to Plaintiff's Complaint. This message is for informational purposes only. (lar) |
| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number 22-003773 with Jury Demand Copies attached: Complaint, Amended Complaint, Notice of Filing of Notice of Removal, Docket Sheet (Filing fee, including Administrative fee, $402, receipt number APAWDC-7089785), filed by SAMUEL HALPER, EPHRAM LAHASKY, COMPREHENSIVE MANAGEMENT SERVICES - PROPERTY, LLC, CHMS GROUP, LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT SERVICES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Civil Cover Sheet) (lar) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 5/13/2022. (lar) |
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