Mitchell v. Advanced HCS, LLC et al
| Troy Mitchell |
| TOM GS, LLC, Advanced HCS, LLC d/b/a Wedgewood Nursing Home, Wedgewood Rehab & Nursing GS, LLC and Advanced HCS, LLC doing business as Wedgewood Nursing Home |
| 4:2021cv00155 |
| February 12, 2021 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Torts/Pers Inj: Personal Injury - Medical Malpractice |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 16 NOTICE of Remand mailed to 17th Judicial District Court, Tarrant County, Texas with certified copy of #15 Memorandum Opinion and Order and docket sheet. (npk) |
Filing 15
OPINION & ORDER granting #6 Motion to Remand. Case REMANDED to the 17th Judicial District Court of Tarrant County, Texas. (Ordered by Judge Mark Pittman on 4/5/2021) (npk)
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| Civil Case Terminated. (npk) |
| Filing 14 REPLY filed by Troy Mitchell re: #6 MOTION to Remand to State Court and Request for an Award of Fees (Downey, Paul) |
| Filing 13 NOTICE of Request for Judicial Notice re: #12 Response/Objection, filed by Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC (Attachments: #1 Exhibit(s) 1) (Wentzel, Anna) |
| Filing 12 RESPONSE AND OBJECTION filed by Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC re: #6 MOTION to Remand to State Court and Request for an Award of Fees (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Wentzel, Anna) |
| Filing 11 DEFENDANTS' SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' BRIEF IN SUPPORT OF DEFENDANTS' #1 NOTICE OF REMOVAL TO FEDERAL COURT by Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC. (Attachments: #1 Exhibit(s) A) (Wentzel, Anna) |
| Filing 10 Brief/Memorandum in Support filed by Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC re #1 Notice of Removal (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) B-1-1, #4 Exhibit(s) B-2, #5 Exhibit(s) B-3, #6 Exhibit(s) B-4, #7 Exhibit(s) B-5, #8 Exhibit(s) B-6, #9 Exhibit(s) B-7, #10 Exhibit(s) B-8, #11 Exhibit(s) B-9, #12 Exhibit(s) B-10, #13 Exhibit(s) B-11, #14 Exhibit(s) B-12, #15 Exhibit(s) B-13, #16 Exhibit(s) B-14, #17 Exhibit(s) B-15, #18 Exhibit(s) B-16, #19 Exhibit(s) B-17, #20 Exhibit(s) B-18, #21 Exhibit(s) B-19, #22 Exhibit(s) B-20, #23 Exhibit(s) B-21, #24 Exhibit(s) B-22, #25 Exhibit(s) B-23, #26 Exhibit(s) B-24, #27 Exhibit(s) B-25, #28 Exhibit(s) B-1) (Wentzel, Anna) ***Clerk's Note per filing attorney: Please DISREGARD Attachments 2-27 as they are duplicates previously filed.*** Modified on 3/9/2021 (bdb). |
| Filing 9 DEFENDANTS' SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' BRIEF IN SUPPORT OF DEFENDANTS' #1 NOTICE OF REMOVAL TO FEDERAL COURT by Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC. (Wentzel, Anna) |
| Filing 8 Brief/Memorandum in Support filed by Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC re #1 Notice of Removal,,,,,,,, (Wentzel, Anna) |
| Filing 7 Brief/Memorandum in Support filed by Troy Mitchell re #6 MOTION to Remand to State Court and Request for an Award of Fees (Attachments: #1 Declaration(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) (Downey, Paul) |
| Filing 6 MOTION to Remand to State Court and Request for an Award of Fees filed by Troy Mitchell (Downey, Paul) |
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Filing 5
ORDER: Defendants are ORDERED to file a supplement to their notice of removal on or before March 8, 2021, that addresses the removal of this case based on federal question jurisdiction and the Court's concerns explained above. Defendants' supplement should specifically address the recent district court opinions remanding COVID-19 nursing home cases that had been removed on the basis of the PREP Act and federal question jurisdiction. Failure to comply with this Order may result in the imposition of sanctions, and/or remand of this case, without further notice. (Ordered by Judge Mark Pittman on 2/25/2021) (tln)
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| Filing 4 NOTICE of Attorney Appearance by Anna Brooke Wentzel on behalf of Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC. (Filer confirms contact info in ECF is current.) (Wentzel, Anna) |
| Filing 3 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (tln) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Advanced HCS, LLC, TOM GS, LLC, Wedgewood Rehab & Nursing GS, LLC. (Bunn, Nichol) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Wedgewood Rehab & Nursing GS, LLC, TOM GS, LLC, Advanced HCS, LLC. (Filing fee $402; receipt number 0539-11606728) 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 Supp Cover Sheet, #3 Exhibit(s) Lower Court Index Ex C, #4 Exhibit(s) C-1, #5 Exhibit(s) C-2, #6 Exhibit(s) C-3, #7 Exhibit(s) C-4, #8 Exhibit(s) C-5, #9 Exhibit(s) C-6, #10 Exhibit(s) C-7, #11 Exhibit(s) D, #12 Exhibit(s) E, #13 Exhibit(s) E-1, #14 Exhibit(s) E-2, #15 Exhibit(s) E-3, #16 Exhibit(s) E-4, #17 Exhibit(s) E-5, #18 Exhibit(s) E-6, #19 Exhibit(s) E-7, #20 Exhibit(s) E-8, #21 Exhibit(s) E-9, #22 Exhibit(s) E-10, #23 Exhibit(s) E-11, #24 Exhibit(s) E-12, #25 Exhibit(s) E-13, #26 Exhibit(s) E-14, #27 Exhibit(s) E-15, #28 Exhibit(s) E-16, #29 Exhibit(s) E-17, #30 Exhibit(s) E-18, #31 Exhibit(s) E-19, #32 Exhibit(s) E-20, #33 Exhibit(s) E-21, #34 Exhibit(s) E-22, #35 Exhibit(s) E-23, #36 Exhibit(s) E-24, #37 Exhibit(s) E-25, #38 Exhibit(s) Exhibit F) (Bunn, Nichol) |
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