Kelley et al v. Franklin County Rehab Center, LLC et al
Plaintiff: Bruce Kelley and Nancy Kelley
Defendant: Franklin County Rehab Center, LLC, Franklin County Rehabilitation Center, Franklin County Rehabilitation & Adult Care Center, Teig Marco, Northern Tier Community Health, Northern Tier Center for Health, Richford Health Center, Inc., The, Kristy Jankowski, Marion Perry, Kyla Apley, University of Vermont Medical Center, Inc., The, Stephen Ranney and Andrew Stanley
Not Classified By Court: ENE Evaluator
Case Number: 5:2021cv00278
Filed: November 29, 2021
Court: US District Court for the District of Vermont
Presiding Judge: Geoffrey W Crawford
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2022 Filing 47 ASSIGNED Early Neutral Evaluator: Michael J. Marks, Esq. per #44 . (eh)
January 19, 2022 Filing 46 NOTICE OF DOCKET ENTRY REMOVAL. Document 45 has been removed from the docket as entered to incorrect case. (jlh)
January 18, 2022 Filing 45 Entry has been removed from the docket.
January 18, 2022 Opinion or Order Filing 44 STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 8/15/2022. Motions due by 9/1/2022. Early Neutral Evaluation shall be completed by 7/15/2022. Ready for Trial by 10/15/2022. Signed by Judge Helen M. Toor on 11/16/2021. (originally filed 11/22/2021 in state court)(law)
January 18, 2022 Filing 43 PROPOSED Discovery Schedule/Order by Bruce Kelley, Nancy Kelley. (Attachments: #1 Letter) (originally filed 10/27/2021 in state court) (law)
January 18, 2022 Opinion or Order Filing 42 ENTRY REGARDING MOTION granting #41 Motion to Schedule a Discovery Conference, or in the alternative, Motion to Order the Parties to Submit a Discovery Schedule. Parties to submit a discovery schedule within 14 days. Signed by Judge Helen M. Toor on 10/13/2021. (originally filed 10/15/2021 in state court) (law)
January 18, 2022 Filing 41 MOTION to Schedule a Discovery Conference, or in the alternative, MOTION to Order the Parties to Submit a Discovery Schedule filed by Bruce Kelley, Nancy Kelley. (originally filed 8/26/2021 in state court)(law)
January 18, 2022 Filing 40 ANSWER to Complaint by Teig Marco, Northern Tier Center for Health, The Richford Health Center, Inc. (Attachments: #1 Certificate of Service) (originally filed 6/8/2021 in state court)(law)
January 18, 2022 Filing 39 ENTRY REGARDING MOTION granting #38 Second Consented-To Motion for Extension of Time to Answer re #17 Complaint. Signed by Judge Samuel Hoar, Jr. on 5/10/2021. (originally filed 5/12/2021 in state court) (law)
January 18, 2022 Filing 38 SECOND CONSENTED-TO MOTION for Extension of Time to File Answer re #17 Complaint filed by Teig Marco, Northern Tier Center for Health, The Richford Health Center, Inc.. (Attachments: #1 Certificate of Service) (originally filed 5/7/2021 in state court) (law)
January 18, 2022 Filing 37 CROSSCLAIM against Teig Marco filed by Franklin County Rehab Center, LLC. (originally filed 4/27/2021 in state court) (law)
January 18, 2022 Filing 36 ANSWER to Complaint by Kyla Apley, Franklin County Rehab Center, LLC, Franklin County Rehabilitation & Adult Care Center, Franklin County Rehabilitation Center, Kristy Jankowski, Marion Perry. (originally filed 4/27/2021 in state court) (law)
January 18, 2022 Filing 35 NOTICE OF APPEARANCE by Kaveh S. Shahi, Esq on behalf of Kyla Apley, Franklin County Rehab Center, LLC, Franklin County Rehabilitation & Adult Care Center, Franklin County Rehabilitation Center, Kristy Jankowski, Marion Perry. (Attachment(s): #1 Certificate of Service) (originally filed 4/27/2021 in state court) (law)
January 18, 2022 Filing 34 ENTRY REGARDING MOTION granting #33 Consented-to Motion for Extension of Time to Answer re #17 Complaint. Signed by Judge Helen M. Toor on 4/22/2021. (originally filed 4/22/2021 in state court) (law)
January 18, 2022 Filing 33 CONSENTED-TO MOTION for Extension of Time to File Answer re #17 Complaint filed by Teig Marco, Northern Tier Center for Health, The Richford Health Center, Inc. (originally filed 4/21/2021 in state court) (law)
January 18, 2022 Filing 32 ACKNOWLEDGMENT/ACCEPTANCE OF SERVICE. Andrew Stanley served on 2/22/2021; University of Vermont Medical Center, Inc., The served on 2/22/2021; Stephen Ranney served on 2/22/2021. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 31 WAIVER OF SERVICE Returned Executed as to Kyla Apley. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 30 WAIVER OF SERVICE Returned Executed as to Marion Perry. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 29 WAIVER OF SERVICE Returned Executed as to Kristy Jankowski. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 28 WAIVER OF SERVICE Returned Executed as to Franklin County Rehabilitation & Adult Care Center. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 27 WAIVER OF SERVICE Returned Executed as to Franklin County Rehabilitation Center. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 26 WAIVER OF SERVICE Returned Executed as to Teig Marco. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 25 WAIVER OF SERVICE Returned Executed as to The Richford Health Center, Inc. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 24 WAIVER OF SERVICE Returned Executed as to Northern Tier Community Health. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 23 WAIVER OF SERVICE Returned Executed as to Northern Tier Center for Health. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 22 WAIVER OF SERVICE Returned Executed as to Franklin County Rehab Center, LLC. (originally filed 4/7/2021 in state court) (law)
January 18, 2022 Filing 21 NOTICE of the United States Under 42:233(I)(1) by Northern Tier Center for Health, The Richford Health Center, Inc. (originally filed 4/6/2021 in state court) (law)
January 18, 2022 Filing 20 ANSWER to Complaint by Stephen Ranney, Andrew Stanley, The University of Vermont Medical Center, Inc. (Attachments: #1 Certificate of Service) (originally filed 3/25/2021 in state court) (law)
January 18, 2022 Filing 19 NOTICE OF APPEARANCE by Kevin A. Lumpkin, Esq on behalf of Stephen Ranney, Andrew Stanley, The University of Vermont Medical Center, Inc. (originally filed 3/25/2021 in state court) (law)
January 18, 2022 Filing 18 NOTICE of Assigned Case Number. (originally filed 2/22/2021 in state court) (law)
January 18, 2022 Filing 17 COMPLAINT against Kyla Apley, Franklin County Rehab Center, LLC, Franklin County Rehabilitation & Adult Care Center, Franklin County Rehabilitation Center, Kristy Jankowski, Teig Marco, Northern Tier Center for Health, Northern Tier Community Health, Marion Perry, Stephen Ranney, Richford Health Center, Inc., The, Andrew Stanley, University of Vermont Medical Center, Inc., The filed by Nancy Kelley, Bruce Kelley. (Attachments: #1 Certificate of Merit) (originally filed 2/22/2021 in state court)(law)
January 18, 2022 Filing 16 RECEIVED FILE and certified copy of docket sheet from State Court. (law)
January 5, 2022 Opinion or Order Filing 15 STIPULATION AND ORDER re #9 MOTION to Remand to State Court, #3 MOTION to Substitute Party MOTION to Dismiss Case for Lack of Jurisdiction for failure to exhaust administrative remedies. Signed by Chief Judge Geoffrey W. Crawford on 1/5/2022. (esm)
December 17, 2021 Filing 14 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by University of Vermont Medical Center, Inc., The (McKnight, Devin)
December 17, 2021 Filing 13 STIPULATION re #9 MOTION to Remand to State Court , #3 MOTION to Substitute Party MOTION to Dismiss Case for Lack of Jurisdiction for failure to exhaust administrative remedies by Kyla Apley, Franklin County Rehab Center, LLC, Franklin County Rehabilitation & Adult Care Center, Franklin County Rehabilitation Center, Kristy Jankowski, Marion Perry (Attachments: #1 Certificate of Service)(Shahi, Kaveh)
December 16, 2021 Filing 12 MINUTE ENTRY for proceedings held before Chief Judge Geoffrey W. Crawford: Status Conference held on 12/16/2021 via video conference. V. Illuzzi, Esq. present on behalf of pltfs, K. Shahi, Esq. present on behalf of dfts Franklin County Rehab Center, LLC, Franklin County Rehabilitation Center, Franklin County Rehabilitation and Adult Care Center, Kristy Jankowski, Marion Perry and Kyla Apley; C. Harris Dague, AUSA and John Hoggan, AUSA present on behalf of dfts Teig Marco, Northern Tier Community Health, Northern Tier Center for Health and The Richford Health Center, Inc.; D. McKnight, Esq. and K. Lumpkin, Esq. present on behalf of dfts The University of Vermont Medical Center, Inc., Stephen Ranney and Andrew Stanley. The court proposes that all discovery be stayed in the matter pending rulings on #3 MOTION to Substitute Party, MOTION to Dismiss Case for Lack of Jurisdiction for failure to exhaust administrative remedies and #9 MOTION to Remand to State Court. Additionally, the parties will follow the same briefing schedule for both motions and a single hearing date as to both motions will be set. Court makes inquiries to counsel and all parties agree to proposal. Court to enter an order on the docket. (Court Reporter: Sunnie Donath) (esm)
December 16, 2021 Opinion or Order Filing 11 ORDER: Following a status conference on December 16, 2021, the court orders all discovery stayed until the court rules on the pending motions to substitute party and to dismiss #3 and to remand #9 . The parties shall follow the same briefing schedule for both motions and the court will set a single hearing date. Signed by Chief Judge Geoffrey W. Crawford on 12/16/2021. (This is a text-only Order.). (jal)
December 13, 2021 Filing 10 NOTICE of Hearing: Status Conference set for 12/16/2021 at 10:00 AM in Rutland Courtroom before Chief Judge Geoffrey W. Crawford via video conference. (esm)
December 10, 2021 Filing 9 MOTION to Remand to State Court filed by Kyla Apley, Franklin County Rehab Center, LLC, Franklin County Rehabilitation & Adult Care Center, Franklin County Rehabilitation Center, Kristy Jankowski, Marion Perry. (Attachments: #1 Index of Exhibits, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Certificate of Service)(Shahi, Kaveh)
December 10, 2021 Filing 8 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Franklin County Rehab Center, LLC (Shahi, Kaveh)
December 10, 2021 Filing 7 NOTICE OF APPEARANCE by Kaveh S. Shahi, Esq on behalf of Kyla Apley, Franklin County Rehab Center, LLC, Franklin County Rehabilitation & Adult Care Center, Franklin County Rehabilitation Center, Kristy Jankowski, Marion Perry.(Shahi, Kaveh)
December 6, 2021 Filing 6 NOTICE OF APPEARANCE by Kevin A. Lumpkin, Esq on behalf of Stephen Ranney, Andrew Stanley, University of Vermont Medical Center, Inc., The.(Lumpkin, Kevin)
December 6, 2021 Filing 5 NOTICE OF APPEARANCE by Devin T. McKnight, Esq on behalf of Stephen Ranney, Andrew Stanley, University of Vermont Medical Center, Inc., The.(McKnight, Devin)
December 6, 2021 Filing 4 CONSENTED-TO MOTION Approval by Court of Jointly Agreed Upon Briefing Schedule for Federal Defendants' Motion [Dkt. #3] re #3 MOTION to Substitute Party MOTION to Dismiss Case for Lack of Jurisdiction for failure to exhaust administrative remedies filed by Teig Marco, Northern Tier Center for Health, Northern Tier Community Health, Richford Health Center, Inc., The.(Dague, C.)
December 3, 2021 Filing 3 MOTION to Substitute Party, MOTION to Dismiss Case for Lack of Jurisdiction for failure to exhaust administrative remedies filed by Teig Marco, Northern Tier Center for Health, Northern Tier Community Health, Richford Health Center, Inc., The. (Attachments: #1 Memorandum in Support of Motion to Substitute Party and Dismiss)(Dague, C.)
November 29, 2021 Filing 2 LETTER to Vermont Superior Court, Chittenden Unit, Civil Division. (esm)
November 29, 2021 Filing 1 NOTICE OF REMOVAL by Richford Health Center, Inc., The, Teig Marco from Vermont Superior Court, Chittenden Unit, Civil Division, case number 21-CV-00323. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (esm)

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Search for this case: Kelley et al v. Franklin County Rehab Center, LLC et al
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Plaintiff: Bruce Kelley
Represented By: Vincent A. Illuzzi, Esq.
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Plaintiff: Nancy Kelley
Represented By: Vincent A. Illuzzi, Esq.
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Defendant: Franklin County Rehab Center, LLC
Represented By: Kaveh S. Shahi, Esq.
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Defendant: Franklin County Rehabilitation Center
Represented By: Kaveh S. Shahi, Esq.
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Defendant: Franklin County Rehabilitation & Adult Care Center
Represented By: Kaveh S. Shahi, Esq.
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Defendant: Teig Marco
Represented By: C. Harris Dague, Esq.
Represented By: Carla B. Freedman, Esq.
Represented By: John D. Hoggan, Jr., Esq.
Represented By: C. Harris Dague, AUSA
Represented By: Carla B. Freedman, USA
Represented By: John D. Hoggan, Jr., AUSA
Represented By: Kevin M. Henry, Esq.
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Defendant: Northern Tier Community Health
Represented By: C. Harris Dague, AUSA
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Defendant: Northern Tier Center for Health
Represented By: C. Harris Dague, AUSA
Represented By: Kevin M. Henry, Esq.
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Defendant: Richford Health Center, Inc., The
Represented By: C. Harris Dague, Esq.
Represented By: Carla B. Freedman, Esq.
Represented By: John D. Hoggan, Jr., Esq.
Represented By: C. Harris Dague, AUSA
Represented By: Carla B. Freedman, USA
Represented By: John D. Hoggan, Jr., AUSA
Represented By: Kevin M. Henry, Esq.
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Defendant: Kristy Jankowski
Represented By: Kaveh S. Shahi, Esq.
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Defendant: Marion Perry
Represented By: Kaveh S. Shahi, Esq.
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Defendant: Kyla Apley
Represented By: Kaveh S. Shahi, Esq.
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Defendant: University of Vermont Medical Center, Inc., The
Represented By: Devin T. McKnight, Esq.
Represented By: Kevin A. Lumpkin, Esq.
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Defendant: Stephen Ranney
Represented By: Devin T. McKnight, Esq.
Represented By: Kevin A. Lumpkin, Esq.
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Defendant: Andrew Stanley
Represented By: Devin T. McKnight, Esq.
Represented By: Kevin A. Lumpkin, Esq.
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Not classified by court: ENE Evaluator
Represented By: Michael J. Marks, Esq.
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