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15-152 - Herrod et al v. Jackson Health, Inc. et al


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15-152 - Herrod et al v. Jackson Health, Inc. et al
April 23, 2015
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MEMORANDUM OPINION AND ORDER as follows: 1) Sterling Bank is discharged in this case and is DISMISSED as Plf. Sterling Bank has until 5/8/2015 to file a claim for attorney's fees and expenses out of the interpleaded fund. Counsel for Sterling Bank are DIRECTED to discuss the claim with counsel for the other parties before filing and to include a statement as to whether they agree or wish to respond in opposition to the amount; 2) The 3 Motion to Realign and Add Additional Parties is GRANTED to the extent that Caesarea Development, LLP and Joseph L. Herrod are re-aligned as Plfs and Caesarea-Chantilly, LLC, Caesarea-Millbrook, LLC, Jackson Health, Inc., Donald Brobst, A. Chandler Muller, C. Dennis Wooldridge, Jackson Hospital & Clinic, and Primary Physicians, Inc. f/k/a PriMed Phyisicians, Inc. are realigned as Dfts in the case; 3) Caesarea Development, LLP and Joseph L. Herrod are given until 5/22/2015 to file an Amended Complaint, as further set out in order; 4) Caesarea Development, LLP and Joseph L. Herrod are also given until 5/22/2015 to file an Amendment to the Notice of Removal which alleges the citizenship, rather than the residency, of the parties. Signed by Honorable Judge W. Harold Albritton, III on 4/23/2015. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
October 7, 2015
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MEMORANDUM OPINION AND ORDER it is hereby ORDERED as follows: 1. The Motion to Dismiss the Counterclaims of Jackson Health, Inc. (Doc. #64) is GRANTED only as to the conversion claim and that claim is DISMISSED without prejudice, the Motion to Dismiss having been withdrawn in all other respects. Jackson Health, Inc. is given until October 22, 2015 to file a new, amended counterclaim, should it choose to do so. Any amended counterclaim must be complete unto itself in accordance with M.D. Ala. Local Rule 15.1 and set out the factual basis for a conversion claim consistent with Alabama law, as discussed above. If Jackson Health, Inc. chooses not to file an amended counterclaim, it will proceed on its counterclaims for fraudulent misrepresentation, suppression, breach of fiduciary duty, negligence, wantonness, and unjust enrichment. 2. The Motion to Dismiss the Counterclaims of Jackson Hospital & Clinic, Inc. (Doc. #65) is GRANTED and the counterclaims for negligence and wantonness are DISMISSED without prejudice. Jackson Hospital & Clinic, Inc. is given until October 22, 2015 to file a new, amended counterclaim, should it choose to do so. Any amended counterclaim must be complete unto itself in accordance with M.D. Ala. Local Rule 15.1 and set out the factual basis for an individual injury on which to base its claims for negligence and wantonness. If no amended counterclaim is filed, Jackson Hospital & Clinic, Inc. will proceed only on its counterclaim for fraudulent inducement. 3. The Motion to Dismiss (Doc. #66) is GRANTED and the counterclaims in Counts 1, 3-10, are DISMISSED without prejudice. Defendants Donald P. Brobst, C. Dennis Wooldridge, and A. Chandler Muller are given until October 22, 2015 to file a new, amended Counterclaim, should they choose to do so. An amended counterclaim must be complete unto itself in accordance with M.D. Ala. Local Rule 15.1 and must more specifically state the damages which they contend support their direct actions as discussed in this Memorandum Opinion and Order, state the facts which support a counterclaim for conversion consistent with Alabama law, and/or state in separate counts their fraud in the inducement and suppression claims and the factual bases for those claims. If they do not file any amended counterclaim at all, the case will proceed only on their Counterclaim count 2 for breach of contract of employment agreement. Signed by Honorable Judge W. Harold Albritton, III on 10/7/2015. (kh, )
November 20, 2015
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ORDERED as follows: 1. This case is hereby STAYED pending the resolution of the bankruptcy proceedings of A. Chandler Muller, Donald P. Brobst, and C. Dennis Wooldridge. 2. On or before May 20, 2016, the parties shall file a joint status report concerning the bankruptcy proceedings involving A. Chandler Muller, Donald P. Brobst, and C. Dennis Wooldridge. Signed by Honorable Judge W. Harold Albritton, III on 11/20/2015. (kh, )
June 20, 2016
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ORDERED as follows: 1) The stay in this case is lifted; 2) Alkemi Management, LLC's 91 Motion to Dismiss Counterclaims is GRANTED and Alkemi Management, LLC is DISMISSED as a party to this action; 3) The case is DISMISSED as to Primary Physicians, Inc. and C. Dennis Wooldrige without prejudice; 4) The case is DISMISSED with prejudice as to Donald P. Brobst and A. Chandler Muller; The case will proceed on claims of the Plfs (Doc. #27) against Jackson Health, Inc. and Jackson Hospital & Clinic, Inc.; the counterclaims of Jackson Health, Inc. for fraudulent misrepresentation, suppression, breach of fiduciary duty, negligence, wantonness, and unjust enrichment. (Doc. #83) at p.14); and the counterclaim of Jackson Hospital & Clinic, Inc. for fraudulent inducement (Doc. #83 at p.15). Signed by Honorable Judge W. Harold Albritton, III on 6/20/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )