Duncan et al v. Riverside Health and Rehabilitation LLC et al
| Curtis B. Duncan and James E. Duncan |
| Riverside Health and Rehabilitation LLC doing business as Riverside Health and Rehabilitation, Medical Rehabilitation Centers, LLC and doing business as Exceptional Living Centers and Exceptional Living Tenant 1, LLC |
| 2:2023cv00780 |
| December 6, 2023 |
| US District Court for the Southern District of West Virginia |
| Thomas E Johnston |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Plaintiff |
Docket Report
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Filing 15
ORDER For reasons appearing to the Court, the Telephonic Scheduling Conference is CONTINUED to 2/23/2024 at 2:00 PM before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 1/31/2024. (cc: counsel of record and any unrepresented party) (arb)
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| Filing 14 RULE 26(f) REPORT OF PLANNING MEETING by Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC, Exceptional Living Tenant 1, LLC, Curtis B. Duncan, James E. Duncan. (Neltner, Katee) (Modified on 1/26/2024 to add party filers) (kew). |
| Filing 13 MEMORANDUM OF LAW by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC in support of #12 MOTION by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC to Stay (Rich, David) |
| Filing 12 MOTION by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC to Stay. (Attachment: #1 Proposed Order)(Rich, David) |
| Filing 11 REPLY by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC to #8 Response In Opposition. (Attachment: #1 Exhibit A)(Oxley, Perry) |
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Filing 10
ORDER granting Defendants' #7 MOTION for the Substitution of Exhibits; directing that the unredacted versions of Exhibits 1 and 3 that were originally attached to Defendants' #2 Motion to Compel Arbitration and Motion to Dismiss be stricken from the Court's docket; and that the redacted versions of Exhibits 1 and 3 that are attached to Defendants' #7 Motion for Substitution of Exhibits be substituted for their unredacted counterparts as if they were originally filed. Signed by Judge Thomas E. Johnston on 12/21/2023. (cc: counsel of record; any unrepresented party) (lca)
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| Filing 9 MEMORANDUM OF LAW by Curtis B. Duncan, James E. Duncan in support of #8 Response In Opposition. (Arritt, Katherine) (Modified on 12/21/2023 to add party filer) (kew). |
| Filing 8 RESPONSE by Curtis B. Duncan, James E. Duncan in opposition to #7 MOTION by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC for the Substitution of Exhibits re: #2 Motion to Compel Arbitration and MOTION to Dismiss Complaint. (Arritt, Katherine) (Modified on 12/21/2023 to add party filer) (kew). |
| Filing 7 MOTION by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC for the Substitution of Exhibits re: #2 Motion to Compel Arbitration and MOTION to Dismiss Complaint. (Attachments: #1 Exhibit 1 to Motion to Compel, #2 Exhibit 3 to Motion to Compel, #3 Exhibit A to Motion for Substitution of Exhibits, #4 Proposed Order)(Oxley, Perry) |
| Filing 6 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jeff David Stewart updating name and/or firm information on behalf of Curtis B. Duncan, James E. Duncan. (Stewart, Jeff) (Modified on 12/13/2023 to add party filer) (kew). |
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Filing 5
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 1/8/2024. Last day for Rule 26(f) meeting - 1/22/2024. Last day to file Report of Parties' Planning Meeting - 1/29/2024. Telephonic Scheduling Conference at 10:30 AM on 2/2/2024, before the undersigned, unless canceled. Entry of Scheduling Order - 2/7/2024. Last day to serve FR Civ P 26(a)(1) disclosures - 2/16/2024. Signed by Judge Thomas E. Johnston on 12/11/2023. (cc: counsel of record; any unrepresented party) (mfo)
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| Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc) |
| Filing 3 MEMORANDUM OF LAW by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC in support of #2 MOTION by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC to Compel Arbitration and MOTION to Dismiss Complaint. (kew) |
| Filing 2 MOTION by Exceptional Living Tenant 1, LLC, Medical Rehabilitation Centers, LLC, Riverside Health and Rehabilitation LLC to Compel Arbitration and MOTION to Dismiss Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (kew) Modified on 12/7/2023 (kew). |
| Filing 1 NOTICE OF REMOVAL by Medical Rehabilitation Centers, LLC, Exceptional Living Tenant 1, LLC, Riverside Health and Rehabilitation LLC with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Kanawha County. Filing Fee $405.00. Receipt #AWVSDC-8551791. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Civil Cover Sheet) (kew) |
| CASE assigned to Chief Judge Thomas E. Johnston. (klc) |
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