Pristine Senior Living, LLC et al v. Liberty Nursing Center of Fremont, Inc; et al
| Ohio Southern District Court | |
| Judge: | Thomas M Rose |
| Referred: | Michael J Newman |
| Case #: | 3:18-cv-00007 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Jan 08, 2018 |
| Terminated: | Nov 26, 2018 |
| Last checked: Saturday Jul 07, 2018 5:11 AM EDT |
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Counter Claimant
Liberty Retirement Community of Middletown, Inc.
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Counter Claimant
Liberty Nursing Centers Holding Company, Inc.
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Counter Claimant
Liberty Nursing Center of Riverview, Inc.
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Counter Claimant
Liberty Nursing Center of Riverside, LLC
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Counter Claimant
Liberty Nursing Center of Portsmouth, Inc.
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Counter Claimant
Liberty Nursing Center of Oxford, LLC
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Counter Claimant
Liberty Nursing Center of Jamestown, Inc.
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Counter Claimant
Liberty Nursing Center of Fremont, Inc.
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Counter Claimant
Liberty Nursing Center of Bellbrook, Inc.
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Counter Claimant
Liberty Nursing Center of Beavercreek, Inc.
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Counter Claimant
Liberty Center of Englewood, Inc
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Counter Claimant
Linda Black-Kurek
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Counter Claimant
Liberty Retirement Community of Washington Township, Inc.
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Represented By
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Counter Defendant
Pristine Senior Living, LLC
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Counter Defendant
Pristine Senior Living of Middletown, LLC
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Represented By
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Defendant
Liberty Retirement Community of Washington Township, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Retirement Community of Middletown, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Centers Holding Company, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Riverview, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Riverside, LLC
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Portsmouth, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Oxford, LLC
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Jamestown, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Fremont, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Bellbrook, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Nursing Center of Beavercreek, Inc.
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Liberty Center of Englewood, Inc
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Defendant
Linda Black-Kurek
7446 Liberty Woods Lane
Dayton, OH 45459 |
Represented By
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Plaintiff
Pristine Senior Living, LLC
1301 East Riggin Road
Muncie, IN 47304 |
Represented By
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Plaintiff
Pristine Senior Living of Middletown, LLC
1301 East Riggin Road
Muncie, IN 47304 |
Represented By
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GPO
Nov 26 2018
FINAL DISMISSAL ENTRY WITH PREJUDICE. Signed by Judge Thomas M. Rose on 11/26/18. (ep) |
| Docket last updated: 3 hours ago |
| Monday, November 26, 2018 | ||
| 17 | 17
1
pgs
order
Order Dismissing Case
Mon 11/26 2:14 PM
FINAL DISMISSAL ENTRY WITH PREJUDICE. Signed by Judge Thomas M. Rose on 11/26/18. (ep) |
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| Wednesday, November 07, 2018 | ||
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utility
Add and Terminate Judges
Wed 11/07 8:59 AM
Magistrate Judge Sharon L. Ovington added. (kma) |
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order
Order
Wed 11/07 11:28 AM
NOTATION ORDER - The Court extends the cutoff date for the filing of summary judgment motions to January 16, 2019. Signed by Judge Thomas M. Rose on 11 7-2018 (de) |
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| Tuesday, November 06, 2018 | ||
| 16 | 16
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pgs
order
Order Referring Case to Magistrate Judge
Tue 11/06 3:27 PM
ORDER REFERRING CASE to Magistrate Judge Sharon L. Ovington, ADR Coordinator. for the purpose of overseeing the mediation process. Signed by Judge Thomas M. Rose on 11/6/18. (ep) |
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minutes
Status Conference
Tue 11/06 3:23 PM
Minute Entry for proceedings held before Judge Thomas M. Rose: Status Conference held on 11/6/2018. Extension to be submitted to the Court. Referral for mediation to issue. (ep) |
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| Friday, October 19, 2018 | ||
| 15 | 15
order
Dayton Preliminary Pretrial Order
Fri 10/19 4:00 PM
PRELIMINARY PRETRIAL ORDER: Discovery due by 10/19/2018. Status Conference (following discovery) set for 11/6/2018 at 09:30 AM by telephone before Judge Thomas M. Rose. Motions not directed to pleadings due by 11/16/2018. Final Pretrial Conference set for 5/23/2019 at 2:30 PM in Chambers before Judge Thomas M. Rose. Exhibit Submission for Trial due by 6/19/2019. Jury Trial set for 6/24/2019 at 9:00 AM in Courtroom 2 - Dayton before Judge Thomas M. Rose. Signed by Judge Thomas M. Rose on 10/19/18. (ep) |
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minutes
Pretrial Conference - Initial
Fri 10/19 3:57 PM
Minute Entry for proceedings held before Judge Thomas M. Rose: Initial Pretrial Conference held on 6/13/2018. (ep) |
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| Wednesday, June 06, 2018 | ||
| 14 | 14
misc
Rule 26(f) Report
Wed 06/06 8:17 AM
RULE 26(f) REPORT Of All Parties by Plaintiff Pristine Senior Living, LLC. (Breen, John) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Wed 06/06 10:41 AM
NOTATION ORDER granting13 Motion for Leave to Appear Pro Hac Vice of Daniel J. Gibson. Signed by Judge Thomas M. Rose on 6/6/2018. (srb) |
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| Tuesday, June 05, 2018 | ||
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motion
Appear - Pro Hac Vice
Tue 06/05 11:00 PM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6469522) of Daniel gibson by Plaintiffs Pristine Senior Living of Middletown, LLC, Pristine Senior Living, LLC. (Breen, John) |
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Att: 1
Exhibit Certificate of Good Standing
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| Thursday, May 31, 2018 | ||
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answer
Answer to Counterclaim
Thu 05/31 5:52 PM
ANSWER to6 Answer to Complaint, Counterclaim filed by All Plaintiffs. (Breen, John) |
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| Tuesday, May 22, 2018 | ||
| 11 | 11
notice
Notice of Change of Address
Tue 05/22 3:56 PM
NOTICE of Change of Address by Brant E Poling (Poling, Brant) |
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| Sunday, May 20, 2018 | ||
| 10 | 10
notice
Notice of Change of Address
Sun 05/20 9:11 AM
NOTICE of Change of Address by Wayne Everett Waite (Waite, Wayne) |
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| Friday, May 04, 2018 | ||
| 9 | 9
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pgs
order
Order on Motion for Extension of Time
Fri 05/04 9:53 AM
ORDER granting8 Motion for Extension of Time. Court orders Plaintiffs to file their responsive pleading to Defendants' counterclaim within thirty days hereof. Signed by Judge Thomas M. Rose on 5 4-2018 (de) |
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| Thursday, May 03, 2018 | ||
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motion
Extension of Time
Thu 05/03 5:43 PM
MOTION for Extension of Time New date requested 5/31/2018. by Plaintiffs Pristine Senior Living of Middletown, LLC, Pristine Senior Living, LLC. (Breen, John) |
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| 7 | 7
service
Summons Returned Executed
Thu 05/03 5:30 PM
SUMMONS Returned Executed as to Defendants Linda Black-Kurek, Liberty Center of Englewood, Inc, Liberty Nursing Center of Beavercreek, Inc., Liberty Nursing Center of Bellbrook, Inc., Liberty Nursing Center of Fremont, Inc., Liberty Nursing Center of Jamestown, Inc., Liberty Nursing Center of Oxford, LLC, Liberty Nursing Center of Portsmouth, Inc., Liberty Nursing Center of Riverside, LLC, Liberty Nursing Center of Riverview, Inc., Liberty Nursing Centers Holding Company, Inc., Liberty Retirement Community of Middletown, Inc., Liberty Retirement Community of Washington Township, Inc.. All Defendants. (Breen, John) |
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| Wednesday, April 25, 2018 | ||
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notice
Notice of Hearing
Wed 04/25 5:04 PM
NOTICE of Hearing: Preliminary Pretrial Conference set for Wednesday, June 13, 2018 at 11:00 a.m. by telephone conference call before Judge Thomas M. Rose. The Court will initiate the call. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). NOTE: the format for the Rule 26(f) conference between counsel and the report to the Court has been altered. This new form is available on line and MUST be utilized in this case. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Courts docket, please notify the courtroom deputy, Liz Penski, at 937-512-1603, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. Only phone numbers for direct lines (not answering systems) should be provided to the Court. If you wish a direct line number other than your office number called, please advise the Court at least 24 hours preceding the conference. (ep) |
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| Thursday, April 12, 2018 | ||
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answer
Answer to Complaint Counterclaim
Thu 04/12 1:23 PM
ANSWER to1 Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs filed by All Defendants. (Waite, Wayne) |
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| Monday, February 26, 2018 | ||
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service
Summons Issued
Mon 02/26 9:55 AM
Summons Issued as to All Defendants. (srb) |
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| Sunday, February 25, 2018 | ||
| 4 | 4
service
Request for Issuance of Summons
Sun 02/25 3:21 PM
REQUEST for Issuance of Summons. (Breen, John) |
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Att: 1
Summons Form FREEMONT,
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Att: 2
Summons Form OXFORD,
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Att: 3
Summons Form RIVERSIDE,
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Att: 4
Summons Form BEAVERCREEK,
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Att: 5
Summons Form BELLBROOK,
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Att: 6
Summons Form JAMESTOWN,
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Att: 7
Summons Form RIVERVIEW,
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Att: 8
Summons Form PORTSMOUTH,
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Att: 9
Summons Form ENGLEWOOD,
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Att: 10
Summons Form MIDDLETOWN,
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Att: 11
Summons Form WASHINGTON TWSP,
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Att: 12
Summons Form HOLDING COMPANY,
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Att: 13
Summons Form LINDA BLACK KUREK
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| Friday, February 23, 2018 | ||
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misc
Notice of Corrective Docket Entry
Fri 02/23 9:07 AM
Notice of Correction re:3 Request for Issuance of Summons Clerk spoke to counsel and counsel is to refile Request for issuance of Summons with Summons forms attached for Clerk to issue. Counsel can find the form on the Court's website at http://www.ohsd.uscourts.gov/ under the forms link. (kma) |
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| Wednesday, February 21, 2018 | ||
| 3 | 3
service
Request for Issuance of Summons
Wed 02/21 8:41 AM
REQUEST for Issuance of Summons. ALIAS SUMMONS (Breen, John) |
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| Tuesday, January 09, 2018 | ||
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misc
Docket Annotation
Tue 01/09 10:33 AM
Notice: If case is referred it will be assigned to Magistrate Judge Michael J. Newman. (kma) |
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| Monday, January 08, 2018 | ||
| 2 | 2
service
Request for Issuance of Summons
Mon 01/08 6:53 PM
REQUEST for Issuance of Summons. (Breen, John) |
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| 1 | 1
cmp
Complaint
Mon 01/08 6:49 PM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6268473), filed by Pristine Senior Living, LLC. (Breen, John) |
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Att: 1
Exhibit A (Operations Transfer Agreement),
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Att: 2
Exhibit B (Indemnity Guaranty)
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