DEDICATED NURSING ASSOCIATES, INC. v. BUCKEYE FOREST AT AKRON LLC et al.
| DEDICATED NURSING ASSOCIATES, INC. |
| BUCKEYE FOREST AT AKRON LLC doing business as HIGHLAND SQUARE REHABILITATION AND NURSING CENTER, BUCKEYE FOREST AT BELLEFONTAINE LLC doing business as AYDEN HEALTHCARE OF BELLE SPRINGS, BUCKEYE FOREST AT CLEVELAND LLC doing business as GARDENS OF EUCLID BEACH, BUCKEYE FOREST AT GREENVILLE LLC doing business as AYDEN HEALTHCARE OF GREENVILLE, BUCKEYE FOREST AT MADEIRA LLC doing business as AYDEN HEALTHCARE OF MADEIRA, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC doing business as GARDENS OF MAYFIELD HEIGHTS, BUCKEYE FOREST AT NORTH OLMSTED LLC doing business as GARDENS OF NORTH OLMSTED, BUCKEYE FOREST AT WATERVILLE LLC doing business as AYDEN HEALTHCARE OF WATERVILLE, BUCKEYE FOREST AT FAIRFIELD LLC doing business as AYDEN HEALTHCARE OF FAIRFIELD, SAMUEL FEUER, LARRY KATZ, EPHRAM LAHASKY, ELI LESHKOWITZ, SOLOMON KAZARNOVSKY, ABBA STEIN, MORDECHAI WEISZ, MED HEALTHCARE PARTNERS, AKRON HEALTHCARE LLC doing business as AKRON HEALTHCARE, BELLEFONTAINE HEALTHCARE LLC doing business as BELLEFONTAINE HEALTHCARE, EUCLID BEACH HEALTHCARE LLC doing business as EUCLID BEACH HEALTHCARE, GREENVILLE HEALTHCARE LLC doing business as GREENVILLE HEALTHCARE, NORTH OLMSTED HEALTHCARE LLC doing business as NORTH OLMSTED HEALTHCARE, MADEIRA HEALTHCARE LLC doing business as MADEIRA HEALTHCARE, MAYFIELD HEIGHTS HEALTHCARE LLC doing business as MAYFIELD HEIGHTS HEALTHCARE, WATERVILLE HEALTHCARE LLC doing business as WATERVILLE HEALTHCARE, WOODBRIDGE HEALTHCARE LLC doing business as WOODBRIDGE HEALTHCARE, BOULDER OPERATIONS HOLDINGS LLC, HILLSTONE HEALTHCARE, INC., SMZ MGMT HOLDINGS LLC doing business as REACH LTC, SIRO MGMT BIG RIVER LLC doing business as REACH LTC, SIRO MGMT ROYAL OAK LLC doing business as REACH LTC, SIRO MGMT OAKWOOD LLC doing business as REACH LTC, MANAGEMENT LLC doing business as REACH LTC and REACH AW MANAGEMENT LLC doing business as REACH LTC |
| 2:2023cv01597 |
| September 5, 2023 |
| US District Court for the Western District of Pennsylvania |
| Cynthia Reed Eddy |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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Filing 12
ORDER: In light of the Suggestion of Bankruptcy, the automatic stay provisions of 11 U.S.C. 362 provide that any claims asserted against Defendants Akron Healthcare LLC d/b/a Akron Healthcare; Bellefontaine Healthcare LLC d/b/a Bellefontaine Healthcare; Euclid Beach Healthcare LLC d/b/a Euclid Beach Healthcare; Greenville Healthcare LLC d/b/a Greenville Healthcare; North Olmsted Healthcare LLC d/b/a North Olmstead Healthcare; Madeira Healthcare LLC d/b/a Madeira Healthcare; Mayfield Heights Healthcare LLC d/b/a Mayfield Heights Healthcare; Waterville Healthcare LLC d/b/a Waterville Healthcare; Woodbridge Healthcare LLC d/b/a Woodbridge Healthcare; and Boulder Operations Holdings LLC are stayed absent an order of the Bankruptcy Court lifting or modifying the automatic stay. Therefore, the claims against these entities are stayed and they are terminated as active parties in this suit. BOULDER OPERATIONS HOLDINGS LLC, EUCLID BEACH HEALTHCARE LLC, GREENVILLE HEALTHCARE LLC, MADEIRA HEALTHCARE LLC, MAYFIELD HEIGHTS HEALTHCARE LLC, NORTH OLMSTED HEALTHCARE LLC, WATERVILLE HEALTHCARE LLC, WOODBRIDGE HEALTHCARE LLC, AKRON HEALTHCARE LLC and BELLEFONTAINE HEALTHCARE LLC terminated. Signed by Magistrate Judge Cynthia Reed Eddy on 10/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
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Filing 11
ORDER Response/Briefing Schedule re #7 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim. Brief in Opposition due by 11/13/2023; Reply brief due by 11/30/2023. Signed by Magistrate Judge Cynthia Reed Eddy on 10/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
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| Filing 10 SUGGESTION OF BANKRUPTCY by BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT MADEIRA LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, BUCKEYE FOREST AT NORTH OLMSTED LLC, BUCKEYE FOREST AT WATERVILLE LLC, SAMUEL FEUER, LARRY KATZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ELI LESHKOWITZ, MED HEALTHCARE PARTNERS, ABBA STEIN, MORDECHAI WEISZ. (Attachments: #1 Exhibit) (Zukowski, Michael) |
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Filing 9
ORDER re #7 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by ABBA STEIN, et al. A briefing order will issue once all Defendants are served and have filed a responsive motion or pleading. Signed by Magistrate Judge Cynthia Reed Eddy on 10/6/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs)
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| Filing 8 BRIEF in Support re #7 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim,, filed by BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT MADEIRA LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, BUCKEYE FOREST AT NORTH OLMSTED LLC, BUCKEYE FOREST AT WATERVILLE LLC, SAMUEL FEUER, LARRY KATZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ELI LESHKOWITZ, MED HEALTHCARE PARTNERS, ABBA STEIN, MORDECHAI WEISZ. (Zukowski, Michael) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction (Personal Jurisdiction), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT MADEIRA LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, BUCKEYE FOREST AT NORTH OLMSTED LLC, BUCKEYE FOREST AT WATERVILLE LLC, SAMUEL FEUER, LARRY KATZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ELI LESHKOWITZ, MED HEALTHCARE PARTNERS, ABBA STEIN, MORDECHAI WEISZ. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order) (Zukowski, Michael) |
| Filing 6 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT MADEIRA LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, BUCKEYE FOREST AT NORTH OLMSTED LLC, BUCKEYE FOREST AT WATERVILLE LLC, SAMUEL FEUER, LARRY KATZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ELI LESHKOWITZ, MED HEALTHCARE PARTNERS, ABBA STEIN, MORDECHAI WEISZ. (Zukowski, Michael) |
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Filing 5
ORDER granting #4 Unopposed MOTION for Extension of Time to File Answer, Rule 12 Motion or Other Responsive Pleading to Plaintiff's Amended Complaint by BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT MADEIRA LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, BUCKEYE FOREST AT NORTH OLMSTED LLC, BUCKEYE FOREST AT WATERVILLE LLC, SAMUEL FEUER, LARRY KATZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ELI LESHKOWITZ, MED HEALTHCARE PARTNERS, ABBA STEIN, MORDECHAI WEISZ. IT IS HEREBY ORDERED that the Newly Named Defendants shall answer or otherwise respond to the Amended Complaint on or before 10/5/2023.. Signed by Magistrate Judge Cynthia Reed Eddy on 9/8/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
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| Filing 4 Unopposed MOTION for Extension of Time to File Answer , Rule 12 Motion or Other Responsive Pleading to Plaintiff's Amended Complaint by BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT MADEIRA LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, BUCKEYE FOREST AT NORTH OLMSTED LLC, BUCKEYE FOREST AT WATERVILLE LLC, SAMUEL FEUER, LARRY KATZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ELI LESHKOWITZ, MED HEALTHCARE PARTNERS, ABBA STEIN, MORDECHAI WEISZ. (Zukowski, Michael) |
| Filing 3 NOTICE of Appearance by Luciana Rose Sena on behalf of BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT MADEIRA LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, BUCKEYE FOREST AT NORTH OLMSTED LLC, BUCKEYE FOREST AT WATERVILLE LLC, SAMUEL FEUER, LARRY KATZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ELI LESHKOWITZ, MED HEALTHCARE PARTNERS, ABBA STEIN, MORDECHAI WEISZ. (Sena, Luciana) |
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Filing 2
STANDING ORDER ON RULE 12(b) MOTIONS. Signed by Magistrate Judge Cynthia Reed Eddy on 9/7/2023. (cmc)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal, #3 Notice of Appearance. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 9/14/2023. (cel) |
| Filing 1 NOTICE OF REMOVAL from Westmoreland County, case number 5578 of 2019 (Filing fee, including Administrative fee, $402, receipt number APAWDC-7867103), filed by BUCKEYE FOREST AT GREENVILLE LLC, BUCKEYE FOREST AT FAIRFIELD LLC, BUCKEYE FOREST AT BELLEFONTAINE LLC, ELI LESHKOWITZ, BUCKEYE FOREST AT NORTH OLMSTED LLC, MED HEALTHCARE PARTNERS, SAMUEL FEUER, BUCKEYE FOREST AT MADEIRA LLC, MORDECHAI WEISZ, SOLOMON KAZARNOVSKY, EPHRAM LAHASKY, ABBA STEIN, BUCKEYE FOREST AT AKRON LLC, BUCKEYE FOREST AT CLEVELAND LLC, BUCKEYE FOREST AT MAYFIELD HEIGHTS LLC, LARRY KATZ, BUCKEYE FOREST AT WATERVILLE LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 State Court Amended Complaint) (cel) |
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