Schuster v. Percheron Healthcare, Inc.
Plaintiff: Linda Schuster
Defendant: Percheron Healthcare, Inc. d/b/a Pleasant Manor Healthcare Rehabilitaion and Percheron Healthcare, Inc. doing business as Pleasant Manor Healthcare Rehabilitation
Case Number: 4:2021cv00156
Filed: February 15, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: Mark Pittman
Nature of Suit: Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2021 Filing 21 NOTICE of Remand mailed to 96th Judicial District Court of Tarrant County with certified copy of #20 Memorandum Opinion and Order and docket sheet. (npk)
April 1, 2021 Opinion or Order Filing 20 OPINION & ORDER granting #12 Motion to Remand filed by Linda Schuster. The case REMANDED to the 96th Judicial District Court of Tarrant County, Texas. The Clerk is INSTRUCTED to mail a certified copy of this Order to the District Clerk of Tarrant County, Texas. Consequently, Defendant's Motion to Dismiss (ECF No. #8 ) and Motion for Judicial Notice (ECF No. #9 ) are DENIED as moot. (Ordered by Judge Mark Pittman on 4/1/2021) (npk)
April 1, 2021 Civil Case Terminated. (npk)
March 31, 2021 Filing 19 FIRST AMENDED REPLY filed by Linda Schuster re: #12 MOTION to Remand (Downey, Paul) Modified on 4/2/2021 (npk).
March 31, 2021 Filing 18 REPLY filed by Linda Schuster re: #8 Motion to Dismiss for Failure to State a Claim, #12 MOTION to Remand (Downey, Paul)
March 25, 2021 Filing 17 RESPONSE filed by Percheron Healthcare, Inc. re: #12 MOTION to Remand (Stewart, George)
March 5, 2021 Filing 16 AMENDED RESPONSE filed by Linda Schuster re: #14 Brief/Memorandum in Support of Motion (Downey, Paul) Modified on 3/8/2021 (npk).
March 5, 2021 Filing 15 RESPONSE filed by Linda Schuster re: #14 Brief/Memorandum in Support of Motion (Downey, Paul)
March 5, 2021 Filing 14 Brief/Memorandum in Support filed by Percheron Healthcare, Inc. re #1 Notice of Removal,,,,, Defendant's Supplemental Brief in Support of Removal (Stewart, George)
March 4, 2021 Filing 13 Brief/Memorandum in Support filed by Linda Schuster re #12 MOTION to Remand (Attachments: #1 Declaration(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) (Downey, Paul)
March 4, 2021 Filing 12 MOTION to Remand filed by Linda Schuster (Downey, Paul)
March 4, 2021 Filing 11 NOTICE of Attorney Appearance by Paul James Downey for Jacob N. Runyon on behalf of Linda Schuster. (Downey, Paul)
March 4, 2021 Filing 10 NOTICE of Attorney Appearance by Paul James Downey on behalf of Linda Schuster. (Filer confirms contact info in ECF is current.) (Downey, Paul)
February 26, 2021 Filing 9 MOTION Defendant's Motion Requesting Judicial Notice in Support of Motion to Dismiss Under Rule 12(b)(6) for Failure to State a Claim re #8 Motion to Dismiss for Failure to State a Claim filed by Percheron Healthcare, Inc. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8) (Stewart, George)
February 26, 2021 Filing 8 Motion to Dismiss for Failure to State a Claim filed by Percheron Healthcare, Inc. with Brief/Memorandum in Support. (Stewart, George)
February 25, 2021 Opinion or Order Filing 7 ORDER: PHI is ORDERED to file a supplement to its notice of removal on or before March 5, 2021, that addresses the removal of this case based on federal question jurisdiction and the Court's concerns explained above. (See order) (Ordered by Judge Mark Pittman on 2/25/2021) (npk)
February 18, 2021 Opinion or Order Filing 6 ORDER granting #5 Agreed Amended Motion for Extension of Time to File Answer, denying as moot #4 Motion for Extension of Time to File Answer. Percheron Healthcare, Inc. answer due 3/1/2021. (Ordered by Judge Mark Pittman on 2/18/2021) (npk)
February 18, 2021 Filing 5 Amended Motion for Extension of Time to File Answer (Agreed), Move or Otherwise Respond filed by Percheron Healthcare, Inc. (Attachments: #1 Proposed Order Proposed Order Granting Agreed Amended Motion for Extension of Time to Answer, Move or Otherwise Respond) (Stewart, George)
February 16, 2021 Filing 4 Motion for Extension of Time to File Answer , Move or Otherwise Respond filed by Percheron Healthcare, Inc. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Extension of Time to Answer, Move or Otherwise Respond) (Stewart, George)
February 16, 2021 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. (bdb)
February 15, 2021 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Percheron Healthcare, Inc. d/b/a Pleasant Manor Healthcare Rehabilitaion identifying Corporate Parent/Other Affiliate Keystone Care, LLC, Corporate Parent/Other Affiliate The Ensign Group for Percheron Healthcare, Inc. d/b/a Pleasant Manor Healthcare Rehabilitaion. (Stewart, George)
February 15, 2021 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Percheron Healthcare, Inc. d/b/a Pleasant Manor Healthcare Rehabilitaion. (Filing fee $402; receipt number 0539-11608024) 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 Civil Cover Sheet for Cases Removed from State Court, #3 Exhibit(s) State Court Filings) (Stewart, George)

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Plaintiff: Linda Schuster
Represented By: Curtis Elver Clinesmith
Represented By: Alexis Nicole Ondris
Represented By: Paul James Downey
Represented By: Jacob Nelson Runyon
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Defendant: Percheron Healthcare, Inc. d/b/a Pleasant Manor Healthcare Rehabilitaion
Represented By: Robert C Wiegand
Represented By: George Michael Stewart
Represented By: Robert Taylor Dry, III
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Defendant: Percheron Healthcare, Inc. doing business as Pleasant Manor Healthcare Rehabilitation
Represented By: George Michael Stewart
Represented By: Robert Taylor Dry, III
Represented By: Robert C Wiegand
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