Simonton v. Houston Methodist Continuing Care Hospital
| Rebecca Simonton |
| Houston Methodist Continuing Care Hospital |
| 4:2023cv02184 |
| June 14, 2023 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Labor: Other |
| 29 U.S.C. ยง 2601 Family Medical Leave Act (FMLA) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 CERTIFICATE OF INTERESTED PARTIES by Houston Methodist Continuing Care Hospital, filed.(Patton, Daniel) |
Filing 14
ORDER - Houston Methodist Continuing Care Hospital's #11 Motion to Withdraw is GRANTED; Withdrawing #3 MOTION to Dismiss for Failure to State a Claim. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 13 ANSWER to #1 State Court Petition/Notice of Removal by Houston Methodist Continuing Care Hospital, filed.(Patton, Daniel) |
| Filing 12 PROPOSED ORDER Granting Defendant's re: #11 MOTION to Withdraw #3 MOTION to Dismiss #1 Notice of Removal, , filed.(Patton, Daniel) |
| Filing 11 MOTION to Withdraw #3 MOTION to Dismiss #1 Notice of Removal, by Houston Methodist Continuing Care Hospital, filed. Motion Docket Date 7/19/2023. (Patton, Daniel) |
| Filing 10 RESPONSE in Opposition to #3 MOTION to Dismiss #1 Notice of Removal, , filed by Rebecca Simonton. (Attachments: #1 Proposed Order Proposed Order)(Jones, Audia) |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Rebecca Simonton, filed.(Jones, Audia) |
| Filing 8 NOTICE of Appearance by Michelle N. Mathews on behalf of Houston Methodist Continuing Care Hospital, filed. (Mathews, Michelle) |
| Filing 7 Counsel Vacation Letter by Rebecca Simonton, filed.(Jones, Audia) |
| Filing 6 NOTICE of Appearance by Patrick M. Palmer II on behalf of Houston Methodist Continuing Care Hospital, filed. (Palmer, Patrick) |
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Filing 5
ORDER - Defendant, Houston Methodist Continuing Care Hospital, has filed a #3 Motion to Dismiss for Failure to State a Claim. The motion seeks dismissal pursuant to Fed. R. Civ. P. 12(b)(6). The court's normal practice is to allow only one dispositive motion per party, and the court sees no reason to make an exception in this case. This practice is especially appropriate in a case like this where the moving party seeks to apply federal pleading standards to a state court petition. If Houston Methodist Continuing Care Hospital's motion to dismiss is denied, the court will therefore not allow it to file a motion for summary judgment. If Houston Methodist Continuing Care Hospital wishes to withdraw the motion to dismiss, the court will enter a docket control order that includes a date for motions for summary judgment. The court requests that Houston Methodist Continuing Care Hospital inform the court of its decision by June 30, 2023. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 4 PROPOSED ORDER re: #3 MOTION to Dismiss #1 Notice of Removal, , filed.(Patton, Daniel) |
| Filing 3 MOTION to Dismiss #1 Notice of Removal, by Houston Methodist Continuing Care Hospital, filed. Motion Docket Date 7/12/2023. (Patton, Daniel) *** WITHDRAWN pursuant to #14 Order *** |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/8/2023 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 1 NOTICE OF REMOVAL from 165th Judicial District Harris County, case number 2023-29461 (Filing fee $ 402 receipt number ATXSDC-30068123) filed by Houston Methodist Continuing Care Hospital. (Attachments: #1 Exhibit Plaintiff's Original Petition, #2 Exhibit Index of All Matters Being Filed, #3 Exhibit Docket Sheet, #4 Exhibit List of All Counsel of Record)(Patton, Daniel) |
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