Moran v. Samaan et al
Plaintiff: Brenda Moran
Defendant: Roane County Family Health Care, Inc., Alecto Healthcare Services Fairmont, LLC doing business as Fairmont Regional Medical Center, Mark Samaan, Wirt County Health Services Association doing business as Wirt County Family Care, ERx, LLC and UNITED STATES OF AMERICA
3Rd Party Plaintiff: Wetzel County Hospital Inc.
Case Number: 1:2020cv00268
Filed: December 9, 2020
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Thomas S Kleeh
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 2671
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 27, 2021 Opinion or Order Filing 28 Affirmative Defenses and ANSWER to #17 Answer to Third Party Complaint, Counterclaim of ERX, LLC by Wetzel County Hospital Inc..(Rector, Larry)
January 21, 2021 Opinion or Order Filing 27 RESPONSE to Motion re #20 MOTION to Remand to State Court filed by UNITED STATES OF AMERICA. (Nogay, Maximillian)
January 21, 2021 Opinion or Order Filing 26 Corporate Disclosure Statement by ERx, LLC. (Miner, Margaret)
January 21, 2021 Opinion or Order Filing 25 Corporate Disclosure Statement by Alecto Healthcare Services Fairmont, LLC identifying Corporate Parent Alecto Healthcare Services, LLC, Corporate Parent MPT Development Services, Inc., Other Affiliate MPT of Fairmont-Alecto Hospital, LLC, Other Affiliate Medical Properties Trust, Inc. for Alecto Healthcare Services Fairmont, LLC.. (Wade, Jason)
January 21, 2021 Opinion or Order Filing 24 Corporate Disclosure Statement by Wetzel County Hospital Inc. identifying Corporate Parent West Virginia University Hospitals, Inc. for Wetzel County Hospital Inc... (Rector, Larry)
January 15, 2021 Opinion or Order Filing 23 REPLY to Response to Motion re #11 MOTION to Dismiss for Lack of Jurisdiction Memorandum in Support, #10 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by Alecto Healthcare Services Fairmont, LLC. (Givens, David)
January 12, 2021 Opinion or Order Filing 22 ORDER GRANTING #21 MOTION AND ISSUING AMENDED FIRST ORDER AND NOTICE ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 3/15/2021. Rule 26 Meeting Report due by 3/29/2021. Discovery due by 4/21/2021. Signed by District Judge Thomas S. Kleeh on 1/12/2021. (copy counsel of record, copy sent to pro se party via certified mail) (jmm) (Additional attachment(s) added on 1/12/2021: #1 Certified Mail Return Receipt) (jmm). (Additional attachment(s) added on 2/5/2021: #2 Certified Mail Return Receipt) (wrr).
January 12, 2021 Opinion or Order Filing 21 Joint MOTION for Extension of Time to Complete Discovery Joint Motion To Extend Deadlines Set Forth In First Order And Notice Regarding Discovery And Scheduling Conference by Alecto Healthcare Services Fairmont, LLC. (Givens, David)
January 8, 2021 Opinion or Order Filing 20 MOTION to Remand to State Court by Brenda Moran. (McCardle, Brianna)
January 8, 2021 Opinion or Order Filing 19 Notice of General Guidelines for Appearing Pro Se In Federal Court as to Defendant Mark Samaan, MD. (Mailed to PS Defendant via CM, RRR.) (wrr) (Additional attachment(s) added on 1/11/2021: #1 Certified Mail Return Receipt) (wrr).
January 8, 2021 Opinion or Order Filing 18 NOTICE OF DOCKET CORRECTION. ERROR: Defendant Mark Samaan, MD not designated as a pro se party at time of filing of #1 Notice of Removal, having filed his Answer in the State Court case. CORRECTION: Defendant Mark Samaan has been designated as a pro se party and address added. All previous Orders entered by the Court will be forwarded to Defendant Samaan via CM, RRR. (wrr) (wrr).
January 7, 2021 Opinion or Order Filing 17 ERx, LLC's ANSWER to #13 Answer to Complaint, Third Party Complaint, Crossclaim , COUNTERCLAIM against Mark Samaan, Wetzel County Hospital Inc. by ERx, LLC.(Miner, Margaret)
January 6, 2021 Opinion or Order Filing 16 Memorandum in Opposition re #11 MOTION to Dismiss for Lack of Jurisdiction Memorandum in Support, #10 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by Brenda Moran. (McCardle, Brianna)
December 29, 2020 Opinion or Order Filing 15 AMENDED DOCUMENT by ERx, LLC. Amendment to #14 Notice of Appearance . (Miner, Margaret)
December 29, 2020 Opinion or Order Filing 14 NOTICE of Appearance by Margaret L. Miner on behalf of ERx, LLC (Miner, Margaret)
December 16, 2020 Opinion or Order Filing 13 Wetzel County Hospital, Inc.'s ANSWER to Complaint of Plaintiff, THIRD PARTY COMPLAINT against ERx, LLC, CROSSCLAIM against Mark Samaan by Wetzel County Hospital Inc..(Rector, Larry)
December 16, 2020 Opinion or Order Filing 12 CERTIFICATE OF SERVICE by Alecto Healthcare Services Fairmont, LLC re #11 MOTION to Dismiss for Lack of Jurisdiction Memorandum in Support, #10 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction . (Wade, Jason)
December 16, 2020 Opinion or Order Filing 11 MOTION to Dismiss for Lack of Jurisdiction Memorandum in Support by Alecto Healthcare Services Fairmont, LLC. Responses due by 12/30/2020 (Wade, Jason)
December 16, 2020 Opinion or Order Filing 10 MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 12/30/2020) by Alecto Healthcare Services Fairmont, LLC. (Wade, Jason)
December 14, 2020 Opinion or Order Filing 9 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 1/14/2021. Rule 26 Meeting Report due by 1/28/2021. Discovery due by 2/15/2021. Signed by District Judge Thomas S. Kleeh on 12/14/2020. (dk) (Additional attachment(s) added on 1/11/2021: #1 Certified Mail Return Receipt) (wrr).
December 11, 2020 Opinion or Order Filing 8 ORDER ESTABLISHING TIME FOR DEFENDANT UNITED STATES OF AMERICA TO ANSWER OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT granting #7 Motion for Extension of Time to Answer. It is ORDERED that February 8, 2021 is designated as the date the United States of America shall answer or otherwise respond to the Amended Complaint.Signed by District Judge Thomas S. Kleeh on 12/11/2020. (wrr) (Additional attachment(s) added on 1/11/2021: #1 Certified Mail Return Receipt) (wrr).
December 10, 2020 Opinion or Order Filing 7 MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order)(Nogay, Maximillian)
December 10, 2020 Opinion or Order Filing 6 ORDER REGARDING SUBSTITUTION. It is hereby accordingly ORDERED that the United States of America shall be substituted as a party defendant in place of Defendants RCFHC and WCHSA, and that the caption of this action shall be amended to reflect this substitution, re: #5 Motion to Substitute Party, terminated per TSK. Signed by District Judge Thomas S. Kleeh on 12/10/2020. (wrr) (Additional attachment(s) added on 1/11/2021: #1 Certified Mail Return Receipt) (wrr).
December 10, 2020 Opinion or Order Filing 5 MOTION to Substitute Party by UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order)(Nogay, Maximillian)
December 9, 2020 Opinion or Order Filing 4 NOTICE of Change of Address by Brianna Whiteman McCardle (McCardle, Brianna)
December 9, 2020 Opinion or Order Filing 3 NOTICE of Appearance by David S. Givens on behalf of Alecto Healthcare Services Fairmont, LLC (Givens, David)
December 9, 2020 Opinion or Order Filing 2 NOTICE of Appearance by Jason Joseph Wade on behalf of Alecto Healthcare Services Fairmont, LLC (Wade, Jason)
December 9, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Marion County, West Virginia, (case number 20-C-102), filed by Wirt County Health Services Association, Roane County Family Health Care, Inc..No Filing Fee USA has removed this case. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(wrr)

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Defendant: Roane County Family Health Care, Inc.
Represented By: Christopher James Prezioso
Represented By: Maximillian F. Nogay
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Defendant: Alecto Healthcare Services Fairmont, LLC doing business as Fairmont Regional Medical Center
Represented By: David S. Givens
Represented By: Jason Joseph Wade
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Defendant: Mark Samaan
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Defendant: Wirt County Health Services Association doing business as Wirt County Family Care
Represented By: Christopher James Prezioso
Represented By: Maximillian F. Nogay
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Defendant: ERx, LLC
Represented By: Margaret L. Miner
Represented By: Timothy R. Linkous
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Defendant: UNITED STATES OF AMERICA
Represented By: Christopher James Prezioso
Represented By: Maximillian F. Nogay
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3rd party plaintiff: Wetzel County Hospital Inc.
Represented By: Alyssa Louise Lazar
Represented By: Larry J. Rector
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Plaintiff: Brenda Moran
Represented By: Brianna Whiteman McCardle
Represented By: William S. Adams
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