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16-565 - Western Healthcare LLC v. National Fire and Marine Insurance Company et al


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16-565 - Western Healthcare LLC v. National Fire and Marine Insurance Company et al
June 29, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff Western Healthcare LLC's Motion to Remand [Dkt. No. 7] should be granted and the District Court should remand the entire action along with all pending motions, including Defendant Healthcare Liability Solutions, Inc.'s Motion to Dismiss Under FRCP 12(b)(6) [Dkt. No. 4], Defendant Raj Mehta's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, for Failure to State a Claim [Dkt. No. 11], Defendant Berkshire Hathaway Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, For Failure to State a Claim [Dkt. No. 16], and Defendant Thomas Meierant's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, For Failure to State a Claim [Dkt. No. 17] to the 68th District Court, Dallas County, Texas, from which this action was removed. (Ordered by Magistrate Judge David L Horan on 6/29/2016) (mcrd)
July 28, 2016
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ORDER Accepting 21 Findings, Conclusions, and Recommendation. Accordingly, the court determines that it lacks subject matter jurisdiction over this action, overrules Defendants' objections, grants Plaintiff Western Healthcare LLC's Motion to Remand (Doc. 7), and remands the case to the 68th Judicial District Court, Dallas County, Texas, from which it was removed. If Plaintiff wishes to pursue its request to recover reasonable attorney's fees and costs pursuant to 28 U.S.C. § 1447(c), and the parties are unable to reach agreement regarding the amount of attorney's fees and costs, Plaintiff must file a fee application with supporting documentation for the court's consideration by 8/28/2016. (Ordered by Judge Sam A Lindsay on 7/28/2016) (ran)
December 28, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Western Healthcare LLC's Motion and Application for Attorneys Fees [Dkt. No. 25] should be granted in part and denied in part, and Plaintiff Western Healthcare LLC should be awarded $18,572.00 in attorneys' fees under 28 U.S.C. § 1447(c). (Ordered by Magistrate Judge David L Horan on 12/28/2016) (mcrd)
January 12, 2017
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ORDER Accepting 29 Findings, Conclusions and Recommendation of the United States Magistrate Judge. Western Healthcare, LLC is awarded $18,572 in reasonable attorney's fees, and orders removing Defendants National Fire and Marine Insurance Company, The Medical Protective Company, Berkshire Hathaway Inc., and Thomas Meierant to pay this amount to Western Healthcare, LLC. (Ordered by Judge Sam A Lindsay on 1/12/2017) (epm)