Perry v. Beltline SCC LLC
Plaintiff: Gilbert Perry
Defendant: Beltline SCC LLC doing business as Senior Care Beltline
Case Number: 3:2021cv01826
Filed: August 5, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: Ed Kinkeade
Nature of Suit: Torts/Pers Inj: Personal Injury - Medical Malpractice
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2021 Filing 6 First Amended Notice of Removal by Beltline SCC LLC. (Attachments: #1 Cover Sheet Civil Cover Sheet, #2 Cover Sheet Supplement Supplemental Cover Sheet, #3 Declaration(s) Certificate of Interested Parties, #4 Additional Page(s) Index to State Court Filings, #5 Exhibit(s) Exhibit A - Plaintiff's Original Petition and RFD, #6 Exhibit(s) Exhibit B - State Court Docket Sheet, #7 Exhibit(s) Exhibit C - Citation - Beltline SCC LLC dba Senior Care Beltline, #8 Exhibit(s) Exhibit D - Affidavit of Service upon Beltline SCC LLS dba Senior Care Beltline, #9 Exhibit(s) Exhibit E - Defendant's State Court Original Answer, #10 Exhibit(s) Exhibit F - April 17 2020 HHS Advisory Opinion, #11 Exhibit(s) Exhibit G - Advisory Opinion 20-04, #12 Exhibit(s) Exhibit H - Advisory Opinion 21-01, #13 Exhibit(s) Exhibit I - Rachal v. Natchitoches Nursing & Rehab Center LLC, #14 Exhibit(s) Exhibit J - Wazelle Opinion) (Alvarez, Frank) Modified titlt on 8/17/2021 (ygl).
August 10, 2021 Filing 5 NOTICE of Certificate of Notice of Filing of Removal filed by Beltline SCC LLC (Alvarez, Frank)
August 9, 2021 Opinion or Order Filing 4 ORDER: Federal courts are vested with subject matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)(2). The party seeking the federal forum bears the burden of establishing subject matter jurisdiction. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d at 1253. As previously discussed, the Court concludes that Defendant has failed to meet its burden to properly allege its own citizenship and Plaintiffs' citizenships. Accordingly, the Court orders Defendant to amend its Notice of Removal within seven (7) days from the date this order is signed. Each party's Certificate of Interested Persons/Disclosure Statement must also properly reflect the citizenship of each party. (Ordered by Judge Ed Kinkeade on 8/9/2021) (chmb)
August 5, 2021 Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (axm)
August 5, 2021 Opinion or Order Filing 2 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 8/5/2021) (chmb)
August 5, 2021 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Beltline SCC, LLC d/b/a Senior Care Beltline. (Filing fee $402; receipt number 0539-12114371) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet Civil Cover Sheet, #2 Cover Sheet Supplement Supplemental Cover Sheet, #3 Declaration(s) Certificate of Interested Parties, #4 Additional Page(s) Index to State Court Filings, #5 Exhibit(s) Exhibit A - Plaintiff's Original Petition and RFD, #6 Exhibit(s) Exhibit B - State Court Docket Sheet, #7 Exhibit(s) Exhibit C - Citation - Beltline SCC LLC dba Senior Care Beltline, #8 Exhibit(s) Exhibit D - Affidavit of Service upon Beltline SCC LLS ba Senior Care Beltline, #9 Exhibit(s) Exhibit E - Defendant's State Court Original Answer, #10 Exhibit(s) Exhibit F - April 17 2020 HHS Advisory Opinion, #11 Exhibit(s) Exhibit G - Advisory Opinion 20-04, #12 Exhibit(s) Exhibit H - Advisory Opinion 21-01, #13 Exhibit(s) Exhibit I - Rachal v. Natchitoches Nursing & Rehab Center LLC, #14 Exhibit(s) Exhibit J - Wazelle Opinion) (Alvarez, Frank)
August 5, 2021 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Beltline SCC LLC. (See document #1 -3 for image) (axm)

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Plaintiff: Gilbert Perry
Represented By: Curtis Elver Clinesmith
Represented By: Paul James Downey
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Defendant: Beltline SCC LLC doing business as Senior Care Beltline
Represented By: Frank Alvarez
Represented By: John L Oliver, III
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