Case Details

CourtWestern District of Pennsylvania
Docket number2:12-cv-01826
Date case filed2012-12-14
Date case closed2013-10-01
Date of latest filing
Assigned toJudge David S. Cercone
Case cause28:1332 Diversity-Medical Malpractice
Nature of suit362 Personal Inj. Med. Malpractice
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: JANET L. HAWTHORNE
Party type: Plaintiff
as Administratrix of the Estate of DONALD C. HAWTHORNE, deceased
Attorney name: Peter D. Giglione
Attorney Contact:
Wilkes & McHugh, P.A.
525 William Penn Place
Suite 3110
Pittsburgh, PA 15219
(412) 434-1110
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ryan J. Duty
Attorney Contact:
Wilkes & McHugh, P.A.
437 Grant Street, Ste. 912
Pittsburgh, PA 15219
412-434-1110
Fax: 412-434-4882
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC
Party type: Defendant
Attorney name: Benjamin R. Ogletree
Attorney Contact:
Ogletree Law PLLC
1325 G Street, N.W.
Suite 500
Washington, DC 20005
202.449.7703
Fax: 202.449.7701
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Joseph D. Talarico
Attorney Contact:
Talarico, Paladino & Berg
2150 Koppers Building
436 7th Avenue
Pittsburgh, PA 15219
(412) 261-1122
Fax: 412-261-0896
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Michael H. Weiss
Attorney Contact:
Proskauer Rose
2049 Century Park East
Suite 3200
Los Angeles, CA 90067
(310) 720-1780
Fax: (310) 557-2193
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC
Party type: Defendant
doing business asGREENERY SPECIALTY CARE CENTER (OF CANONSBURG)
Attorney name: Eugene A. Giotto
Attorney Contact:
Buchanan Ingersoll & Rooney PC
One Oxford Centre
20th Floor
Pittsburgh, PA 15219
(412) 392-2000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William J. Moorhead , Jr.
Attorney Contact:
Buchanan Ingersoll & Rooney PC
One Oxford Centre, 20th Floor
301 Grant Street
Pittsburgh, PA 15219
(412) 562-8800
Fax: 412-562-1041
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: FUNDAMENTAL CLINICIAL CONSULTING, LLC
Party type: Defendant
also known asFUNDAMENTAL ADMINISTRATIVE SERVICES, LLC
Attorney name: Patrick M. Quinn
Attorney Contact:
Brunner Quinn
35 N. Fourth Street, Suite 200
Columbus, OH 43215
6142415550
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Rick L. Brunner
Attorney Contact:
Brunner Quinn
35 N. Fourth Street, Suite 200
Columbus, OH 43215
614-241-5550
Fax: 614-241-5551
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC
Party type: Defendant
Attorney name: Patrick M. Quinn
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Rick L. Brunner
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: THI OF PENNSYLVANIA, LLC
Party type: Defendant
Attorney name: Eugene A. Giotto
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William J. Moorhead , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: THI OF BALTIMORE, INC.
Party type: Defendant
Attorney name: Benjamin R. Ogletree
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Joseph D. Talarico
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Michael H. Weiss
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: ANDREW LEROY
Party type: Defendant
Attorney name: Eugene A. Giotto
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William J. Moorhead , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: NHA
Party type: Defendant
Attorney name: William J. Moorhead , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-12-14 NOTICE OF REMOVAL from Court of Common Pleas of Washington County, case number 2012-5737 with jury demand (Filing fee $350, receipt number 2611253), filed by ANDREW LEROY, NHA, THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Complaint, # 3 Exhibit B - Affidavit of Service, # 4 Exhibit C - Declaration of Karen Murray, # 5 Exhibit D - Affidavit of Service, # 6 Exhibit E - Declaration of Andrew Leroy) (plh) (Entered: 12/17/2012)
22012-12-17 NOTICE of Consent to Removal by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC re 1 Notice of Removal, (Quinn, Patrick) (Entered: 12/17/2012)
42012-12-19 NOTICE of Consent Filing Consent to Removal as to Fundamental Long Term Care Holdings, LLC and THI of Baltimore, Inc. by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC.. (Talarico, Joseph) (Entered: 12/19/2012)
52012-12-19 NOTICE of Consent Filing Notice of Removal as to THI of Pennsylvania, LLC by THI OF PENNSYLVANIA, LLC. (Moorhead, William) (Entered: 12/19/2012)
62012-12-21 MOTION to Compel Arbitration by ANDREW LEROY, THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC, THI OF PENNSYLVANIA, LLC. (Moorhead, William) (Entered: 12/21/2012)
72012-12-21 MOTION for attorney Patrick M. Quinn to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2620354) by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC. (Attachments: # 1 Exhibit 1) (Brunner, Rick) Modified on 12/26/2012. (plh) (Entered: 12/21/2012)
82012-12-21 BRIEF in Support re 6 Motion to Compel Arbitration filed by ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Moorhead, William) (Entered: 12/21/2012)
92012-12-21 MOTION to Dismiss for Lack of Personal Jurisdiction by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC. (Talarico, Joseph) (Entered: 12/21/2012)
102012-12-21 BRIEF in Support re 9 Motion to Dismiss/Lack of Personal Jurisdiction filed by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC. (Talarico, Joseph) (Entered: 12/21/2012)
112012-12-21 DECLARATION re 9 MOTION to Dismiss for Lack of Personal Jurisdiction Declaration of Murray Forman by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC. (Talarico, Joseph) (Entered: 12/21/2012)
122012-12-21 DECLARATION re 9 MOTION to Dismiss for Lack of Personal Jurisdiction Declaration of Kenneth Tabler by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC. (Talarico, Joseph) (Entered: 12/21/2012)
132012-12-21 Proposed Order re 9 Motion to Dismiss/Lack of Jurisdiction by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC.. (Talarico, Joseph) (Entered: 12/21/2012)
142012-12-28 NOTICE of Appearance by Ryan J. Duty on behalf of JANET L. HAWTHORNE. (Duty, Ryan) (Entered: 12/28/2012)
152013-01-02 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) (Entered: 01/02/2013)
162013-01-15 Disclosure Statement identifying NONE as corporate parent or other affiliate, by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC. (Talarico, Joseph) Modified on 1/16/2013. (plh) (Entered: 01/15/2013)
172013-01-15 Disclosure Statement identifying NONE as corporate parent or other affiliate, by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC.. (Talarico, Joseph) Modified on 1/16/2013. (plh) (Entered: 01/15/2013)
182013-02-08 Disclosure Statement identifying None as corporate parent or other affiliate, by THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. (Moorhead, William) (Entered: 02/08/2013)
192013-02-08 Disclosure Statement identifying None as corporate parent or other affiliate, by THI OF PENNSYLVANIA, LLC. (Moorhead, William) (Entered: 02/08/2013)
202013-02-13 ORDER: Plaintiff's response and brief in opposition to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction shall be filed on or before March 13, 2013. Defendant may file a reply brief on or before March 27, 2013. Signed by Judge David S. Cercone on 2/13/13. (kak) (Entered: 02/13/2013)
212013-02-13 ORDER: Plaintiff's response and brief in opposition to Defendant's having filed a Motion to Compel Arbitration shall be filed on or before March 13, 2013. Defendants may file a reply brief on or before March 27, 2013. Signed by Judge David S. Cercone on 2/13/13. (kak) (Entered: 02/13/2013)
222013-02-21 ORDER scheduling Initial Case Management Conference for 4/16/13 at 1:30 PM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 3/25/13. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 4/8/13. Signed by Judge David S. Cercone on 2/21/13. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt) (Entered: 02/21/2013)
232013-03-12 RESPONSE IN OPPOSITION re: 6 Motion to Compel Arbitration filed by JANET L. HAWTHORNE. (Attachments: # 1 Order) (Duty, Ryan) Modified on 3/12/2013. (plh) Modified on 3/13/2013. (plh) This document removed from public view for signature requirements. Modified on 3/14/2013. (plh) SEE ERRATA at Doc. # 25 . (Entered: 03/12/2013)
242013-03-12 RESPONSE IN OPPOSITION re: 9 Motion to Dismiss for Lack of Personal Jurisdiction filed by JANET L. HAWTHORNE. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit) (Duty, Ryan) Modified on 3/12/2013. (plh) Modified on 3/13/2013. (plh) This document removed from public view for signature requirements. Modified on 3/14/2013. (plh) SEE ERRATA at Doc. # 26 . (Entered: 03/12/2013)
252013-03-13 Errata re 23 Response in Opposition, by JANET L. HAWTHORNE. Reason for Correction: Signature requirements. (Attachments: # 1 Proposed Order) (Duty, Ryan) (Entered: 03/13/2013)
262013-03-13 Errata re 24 Response in Opposition, by JANET L. HAWTHORNE. Reason for Correction: Signature Requirements. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit) (Duty, Ryan) (Entered: 03/13/2013)
272013-03-18 MOTION for attorney Benjamin R. Ogletree to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2715992) by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC.. (Attachments: # 1 Declaration & Exhibits, # 2 Proposed Order) (Ogletree, Ben) (Entered: 03/18/2013)
282013-03-18 MOTION for attorney Michael H. Weiss to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2716483) by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC.. (Attachments: # 1 Declaration of Michael H. Weiss, # 2 Proposed Order) (Weiss, Michael) (Entered: 03/18/2013)
292013-03-20 Errata re 28 Motion to Appear Pro Hac Vice, of Michael H. Weiss by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC.. Reason for Correction: Signature requirement. (Attachments: # 1 Declaration of Michael H. Weiss) (Weiss, Michael) (Entered: 03/20/2013)
302013-03-20 Errata re 27 Motion to Appear Pro Hac Vice, of Benjamin R. Ogletree by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, THI OF BALTIMORE, INC.. Reason for Correction: Signature Requirement. (Attachments: # 1 Declaration & Exhibits, # 2 Proposed Order) (Ogletree, Ben) (Entered: 03/20/2013)
312013-03-22 MOTION for Extension of Time to File Response/Reply Brief to Plaintiff's re: 26 Response Opposition and Brief in Opposition to re: 9 by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC. (Attachments: # 1 Proposed Order) (Talarico, Joseph) Modified on 3/25/2013. (plh) (Entered: 03/22/2013)
322013-03-27 REPLY in support re 6 Motion to Compel Arbitration filed by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC, THI OF PENNSYLVANIA, LLC. (Moorhead, William) Modified on 3/28/2013. (plh) (Entered: 03/27/2013)
332013-03-28 ORDER granting 31 Motion for Enlargement of Time to File Reply re 9 MOTION to Dismiss. Defendant FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC Reply due by 3/27/2013. Signed by Judge David S. Cercone on 3/27/13. (njt) (Entered: 03/28/2013)
342013-03-29 Sur-Reply Brief in opposition to re: 6 Motion to Compel Arbitration filed by JANET L. HAWTHORNE. (Attachments: # 1 Exhibit A - Declaration) (Duty, Ryan) Modified on 4/1/2013. (plh) (Entered: 03/29/2013)
352013-04-05 REPORT of Rule 26(f) Planning Meeting. (Moorhead, William) (Entered: 04/05/2013)
362013-04-09 MOTION for Leave to respond to re: 34 Sur-Reply Brief in opposition to re: 6 Motion to Compel Arbitration by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. (Moorhead, William) Modified on 4/10/2013. (plh) (Entered: 04/09/2013)
372013-04-09 BRIEF in Support re 36 Motion for Leave to Respond to re: 34 Sur-Reply Brief in opposition to re: 6 Motion to Compel Arbitration filed by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. (Attachments: # 1 Exhibit A) (Moorhead, William) Modified on 4/10/2013. (plh) (Entered: 04/09/2013)
382013-04-10 MOTION to Amend/Correct 37 Brief in Support of Motion for Leave to Respond to Sur-Reply to Motion to Compel Arbitration by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. (Attachments: # 1 Exhibit A) (Moorhead, William) Modified on 4/11/2013. (plh) This document removed from public view and redocketed at a Amended Brief. (Entered: 04/10/2013)
392013-04-10 REPLY BRIEF re 10 Brief in Support of Motion to Dismiss re: 9 Motion to Dismiss/Lack of Jurisdiction, filed by FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC. (Attachments: # 1 Declaration of Benjamin R. Ogletree & Exhibits) (Ogletree, Ben) Modified on 4/11/2013. (plh) (Entered: 04/10/2013)
402013-04-10 AMENDED BRIEF by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. Amendment to 37 Brief in Support of Motion. (Attachments: # 1 Exhibit A) (plh) (Entered: 04/11/2013)
412013-04-16 RESPONSE to 34 Sur-Reply in opposition to Defts' Moton to Compel Arbitration, filed by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. (Moorhead, William) Modified on 4/17/2013. (plh) This document removed from public view and redocketed at Doc. # 44 . (Entered: 04/16/2013)
422013-04-16 Minute Entry for proceedings held before Judge David S. Cercone: Case Management Conference held on 4/16/2013. The Court confirmed with counsel that all prerequisites for the ADR process have been completed. Parties to engage in mediation on or before 6/17/13. Jury trial CMO with 150 days of discovery to follow. (Court Reporter: None) (mwm) (Entered: 04/16/2013)
432013-04-16 ORDER - establishing that the referral of the parties and defendants Fundamental Long Term Care Holdings, LLC and THI of Baltimore, Inc.'s submission to this court's ADR program and discovery undertaken in conjunction therewith as well as these defendants' submission to and/or participation in all other discovery, shall not constitute or be construed as a submission to jurisdiction by these defendants and/or a waiver of these defendants' position that this court lacks personal jurisdiction over them. Signed by Judge David S. Cercone on 4/16/13. (mwm) (Entered: 04/16/2013)
442013-04-17 Errata re 41 Response re: 34 Sur-Reply to Motion to Compel Arbitration by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC. Reason for Correction: wrong document attached. (Moorhead, William) (Entered: 04/17/2013)
452013-04-18 CASE MANAGEMENT ORDER: Post Discovery Status Conference to be scheduled upon motion of the parties. The parties shall move to amend pleadings or add new parties by 8/16/13. Discovery ends 9/17/13. Plaintiffs Pretrial Statement due by 10/17/13. Defendants Pretrial Statement due by 11/18/13. Pretrial Stipulation due by 11/27/13. Motions for Summary Judgment due by 12/27/13. Signed by Judge David S. Cercone on 4/18/13. (kak) (Entered: 04/18/2013)
462013-04-18 ORDER REFERRING CASE to Mediation. Kenneth Benson appointed as the mediator. Mediation shall be conducted by 6/17/13. The report of mediator shall be electronically filed within 7 days of the mediation conference. Peter D. Giglione is designated as lead counsel. KENNETH BENSON is added. Signed by Judge David S. Cercone on 4/18/13 (kak) (Entered: 04/18/2013)
472013-05-14 Joint MOTION to Extend Time to Conduct Mediation by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, JANET L. HAWTHORNE, ANDREW LEROY, NHA, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC, THI OF PENNSYLVANIA, LLC. (Attachments: # 1 Proposed Order) (Moorhead, William) (Entered: 05/14/2013)
482013-05-17 ORDER granting 47 Joint Motion for Enlargement of Time to Conduct Mediation. Mediation to be completed by 8/17/13. Signed by Judge David S. Cercone on 5/17/13. (njt) (Entered: 05/17/2013)
492013-07-10 NOTICE of Appearance by Eugene A. Giotto on behalf of ANDREW LEROY, THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC, THI OF PENNSYLVANIA, LLC. (Giotto, Eugene) (Entered: 07/10/2013)
502013-08-23 NOTICE of Change of Address by Ben R. Ogletree (Ogletree, Ben) (Entered: 08/23/2013)
512013-08-30 MOTION for Leave to File Supplemental Brief by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC, THI OF PENNSYLVANIA, LLC. (Moorhead, William) (Entered: 08/30/2013)
522013-08-30 BRIEF in Support re 51 Motion for Leave to File, Supplemental Brief filed by FUNDAMENTAL CLINICAL AND OPERATIONAL SERVICES, LLC, FUNDAMENTAL CLINICIAL CONSULTING, LLC, FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, ANDREW LEROY, THI OF BALTIMORE, INC., THI OF PENNSYLVANIA AT GREENERY OF CANONSBURG, LLC, THI OF PENNSYLVANIA, LLC. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Moorhead, William) (Entered: 08/30/2013)
532013-09-03 REPORT of Mediation: Case has not been resolved. KENNETH BENSON terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 7/19/2013. (Benson, Kenneth) (Entered: 09/03/2013)
542013-09-19 OPINION resolving defendants' Motion to Compel Arbitration. Signed by Judge David S. Cercone on 9/19/13. (kak) (Entered: 09/19/2013)
552013-09-19 ORDER granting 6 defendants' Motion to Compel Arbitration. All parties except Fundamental Long Term Care Holdings, LLC., shall submit to and proceed with arbitration in accordance with the Arbitration Agreement and without undue delay. Signed by Judge David S. Cercone on 9/19/13. (kak) (Entered: 09/19/2013)
562013-09-19 ORDER denying 9 defendant Fundamental Long Term Care Holdings, LLC's Motion to Dismiss for Lack of Personal Jurisdiction without prejudice to renew after completion of the jurisdictional discovery contingently authorized in the order. All as more fully set forth in the Memorandum Order. Signed by Judge David S. Cercone on 9/19/13. (kak) (Entered: 09/19/2013)
572013-10-01 ORDER entering Stay of this Action until a final disposition has been received by the parties in the arbitration proceeding and one or more of the parties return to this court for further proceedings on that disposition. In the interim the Clerk of Court is directed to close this case for administrative purposes only. Jurisdiction is retained over all claims, defenses and rights of the parties as they relate to the enforcement of or other court proceedings authorized in conjunction with the award or other disposition entered in the arbitration proceeding and the entry of this order shall operate to preserve all such claims, defenses and rights inviolate during the pendency of the administrative closing. Signed by Judge David S. Cercone on 10/1/13. (kak) (Entered: 10/01/2013)