Copas v. Life Center Care of Elizabethton

Tennessee Eastern District Court
Judge:	Travis R Mcdonough
Referred:	Cynthia R Wyrick
Case #:	2:19-cv-00224
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Dec 20, 2019
Terminated:	Dec 14, 2020

Docket
Parties (2)

Last checked: Wednesday Jun 17, 2020 5:41 AM EDT

Defendant Life Care Center of Elizabethton	Represented By Charles M Nicely Evans Harrison Hackett PLLC contact info Everett L Hixson, III Evans Harrison Hackett PLLC contact info
Plaintiff Teresa Copas #87 Milligain Lane Johnson City, TN 37601

Docket last updated: 2 hours ago

Monday, December 14, 2020
48		48 order Judgment Mon 12/14 2:15 PM JUDGMENT re 47 Order. For the reasons given in the accompanying order, Plaintiff Teresa Copas' claims against Defendant Life Care Center of Elizabethton are DISMISSED WITHOUT PREJUDICE. The Court further ENTERS JUDGMENT that Plaintiff shall pay sanctions to Defendant in the amount of $4,504.50. There being no further issues to resolve in this matter, the Clerk is DIRECTED to CLOSE the case. Signed by District Judge Travis R McDonough on 12/14/2020. ENTERED AS A JUDGMENT John Medearis, CLERK OF COURT(BJL) *Mailed to Teresa Copas Modified on 12/14/2020 (BJL) Related: [-]
47		47 3 pgs order Order Dismissing Case Mon 12/14 2:10 PM ORDER: Accordingly, the Court will ACCEPT and ADOPT Magistrate Judge Wyrick's Report and Recommendations (Doc. 45 ) and will DISMISS this case WITHOUT PREJUDICE. The Court will further impose monetary sanctions in the amount of $4,504.50, representing 14.3 hours of time expended by Defendant's counsel at the rate of $315.00 per hour as a direct result of Plaintiff's failure to participate in written discovery. Defendant's co- pending motion for summary judgment (Doc. 28 ) is DENIED AS MOOT. AN APPROPRIATE JUDGMENT WILL ENTER. Signed by District Judge Travis R McDonough on 12/14/2020. (BJL) Related: [-]
46		46 discov Pretrial Disclosure - 26(a)(3) Mon 12/14 12:13 PM PRETRIAL DISCLOSURE by Life Care Center of Elizabethton.(Nicely, Charles) Related: [-]
Thursday, November 19, 2020
45		45 motion Report and Recommendations Thu 11/19 9:54 AM REPORT AND RECOMMENDATIONS re 23 MOTION for Sanctions filed by Life Care Center of Elizabethton. This Court finds that all four of the factors to be considered when determining whether an action should be dismissed as a sanction for failure to cooperate with discovery weigh in favor of dismissal. Accordingly, the Court RECOMMENDS that the Motion for Sanctions [Doc. 23] be GRANTED and that this action be dismissed but without prejudice given Plaintiff's pro se status. The Court FURTHER RECOMMENDS that monetary sanctions be imposed in the amount of $4,504.50, representing 14.3 hours of time expended by Defendant's counsel at the rate of $315.00 per hour as a direct result of Plaintiff's failure to comply with discovery. Signed by Magistrate Judge Cynthia R Wyrick on 11/19/2020. (Copy of Report and Recommendation mailed to Teresa Copas) (AMP) Related: [-]
Tuesday, November 17, 2020
44		44 misc Affidavit Tue 11/17 1:16 PM AFFIDAVIT of Maury Nicely by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
Monday, November 16, 2020
43		43 1 pgs order Order Mon 11/16 2:32 PM ORDER: Defendant is DIRECTED to file an affidavit of attorney's fees no later than Wednesday, November 18, 2020 by 5 p.m. Signed by Magistrate Judge Cynthia R Wyrick on 11/16/2020. (Copy of Order mailed to Teresa Copas) (AMP) Related: [-]
42		42 notice Notice of Change of Address Mon 11/16 11:48 AM NOTICE of Change of Address by Teresa Copas. (2203 McKinley Rd, Ste 503, Johnson City, TN 37604)(KDO) Related: [-]
		Att: 1 Other - Envelope
41		41 2 pgs order Order on Motion to Appoint Counsel Order on Motion for Miscellaneous Relief Mon 11/16 10:26 AM ORDER denying 21 Motion to Appoint Counsel. Defendant Life Care Center of Elizabethton opposed the Motion, noting the deadline for requests to amend, July 6, 2020, had passed at the time Plaintiff made her request. [Doc. 25]. The Scheduling Order states in pertinent part, [i]f any party wishes to amend the pleadings, such motion should be filed on or before July 6, 2020. [Doc. 10]. Plaintiff waited until August 21, 2020 to file her Motion which was over one month after the deadline but provides no justification for the late filing. Plaintiffs Motion requesting to reassign this case to the corporate office of Life Care Centers of America [Doc. 21] is DENIED because it lacks legal and factual support and because it is untimely.. Signed by Magistrate Judge Cynthia R Wyrick on 11/16/2020. (Copy of Order mailed to Teresa Copas)(JCK) Related: [-]
Thursday, November 12, 2020
40		40 misc Sealed Document Thu 11/12 3:46 PM SEALED Document re:39 Order. (JCK) Related: [-]
39		39 2 pgs order Order Thu 11/12 3:45 PM ORDER: Subsequently, the same email chain was used to send communications between the Court and the parties regarding further Court proceedings as a resolution in this matter had not been reached. So that all such communications may be preserved for the record in this matter, a copy of the email communications between Defendants counsel, the Court, and Plaintiff shall be filed as a Sealed Document in this cause. Signed by Magistrate Judge Cynthia R Wyrick on 11/12/2020. (Copy of Order mailed to Teresa Copas)(JCK) Related: [-]
38		38 misc Mail Returned Thu 11/12 3:36 PM MAIL RETURNED as Undeliverable/Return to Sender/Not at this address anymore. Mail sent to Teresa Copas re31 Motion Hearing. (AMP) Related: [-]
Thursday, November 05, 2020
37		37 trial Exhibit List (Court Proceedings ONLY) Thu 11/05 10:33 AM Exhibit List pertaining to motion hearing. Custody of Exhibits: All exhibits retained by the court at the conclusion of the proceeding.. Related document:36 Motion Hearing,.(JCK) Related: [-]
36		36 minutes Motion Hearing Thu 11/05 10:30 AM Minute Entry for proceedings held before Magistrate Judge Cynthia R Wyrick: Motion Hearing held on 11/5/2020 re23 MOTION for Sanctions filed by Life Care Center of Elizabethton,21 MOTION to Appoint Counsel MOTION Reassign case to the Corporate Office of Life Care Centers of America filed by Teresa Copas. Pro se plaintiff did not appear nor was able to be contacted. Order to enter. (Court Reporter DCR)(Tape #10:10-10:30) (Copy of Minutes mailed to Teresa Copas)(JCK) Related: [-]
Tuesday, November 03, 2020
35		35 respm Reply to Response to Motion Tue 11/03 3:04 PM REPLY to Response to Motion re28 MOTION for Summary Judgment filed by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
Thursday, October 29, 2020
34		34 respm Response to Motion Thu 10/29 12:02 PM RESPONSE to Motion re28 MOTION for Summary Judgment filed by Teresa Copas. (AMP) Related: [-]
		Att: 1 Envelope
Wednesday, October 28, 2020
33		33 1 pgs order Order Setting Hearing on Motion Wed 10/28 11:44 AM ORDER Setting Hearing on 21 Motion to Reassign case to the Corporate Office of Life Care Centers of America 23 MOTION for Sanctions A hearing will be held on Plaintiff's Motion to Reassign Case to the Corporate Officeof Life Care Centers of America [Doc. 21] and Defendants Motion for Sanctions [Doc. 23] before the undersigned on Thursday, November 5, 2020 at 10:00 a.m. at the James H. Quillen United States Courthouse, 220 West Depot Street, Greeneville, Tennessee.Signed by Magistrate Judge Cynthia R Wyrick on 10/28/2020. (Copy of Order mailed to Teresa Copas at 74 Milligan Lane, Johnson City, TN 37601)(JCK) Related: [-]
Tuesday, October 20, 2020
32		32 2 pgs order Order Tue 10/20 12:17 PM ORDER: In plain language, the Court has denied Ms. Copas' request to appoint counsel because the law does not allow it given the facts of the case. The Court has not ruled on Ms. Copas' request to "reassign case." The Court has also not ruled on the request by Life Care Centers of Elizabethton, Inc. ("Life Care") to punish Ms. Copas because the company says she has not followed the Court's order which required her to provide information to them. If Ms. Copas and Life Care don't come to an agreement, the Court will set a hearing on these two issues and during the hearing will allow both Ms. Copas and Life Care a chance to tell the Court how they think the Court should rule under the facts and law that apply to the case. Signed by Magistrate Judge Cynthia R Wyrick on 10/20/2020. (Copy of Order mailed to Teresa Copas at 74 Milligan Lane, Johnson City, TN 37601) (CAT) Related: [-]
Thursday, October 15, 2020
31		31 minutes Motion Hearing Thu 10/15 4:45 PM Minute Entry for proceedings held before Magistrate Judge Cynthia R Wyrick: Motion Hearing held on 10/15/2020 re23 MOTION for Sanctions filed by Life Care Center of Elizabethton,21 MOTION to Appoint Counsel MOTION Reassign case to the Corporate Office of Life Care Centers of America filed by Teresa Copas. Order to enter. (Court Reporter DCR)(Tape #1:40-2:00; 2:10-2:15) (Copy of Minutes mailed to Teresa Copas)(JCK) Related: [-]
Monday, October 12, 2020
30		30 notice Notice (Other) Mon 10/12 10:44 AM NOTICE by Life Care Center of Elizabethton re28 MOTION for Summary Judgment ,29 Memorandum in Support of Motion Joint Appendix(Nicely, Charles) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5,
		Att: 6 Exhibit 6,
		Att: 7 Exhibit 7,
		Att: 8 Exhibit 8,
		Att: 9 Exhibit 9
29		29 20 pgs respoth Memorandum in Support of Motion Mon 10/12 10:36 AM MEMORANDUM in Support of Motion re28 MOTION for Summary Judgment filed by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
28		28 motion Summary Judgment Mon 10/12 10:35 AM MOTION for Summary Judgment by Life Care Center of Elizabethton.(Nicely, Charles) Related: [-]
		Att: 1 Exhibit A - Affidavit of Angi Bradnan
Monday, October 05, 2020
27		27 respm Response to Motion Mon 10/05 1:59 PM RESPONSE to Motion re23 MOTION for Sanctions filed by Teresa Copas. (AMP) Related: [-]
Tuesday, September 29, 2020
26		26 1 pgs order Order Setting Hearing on Motion Tue 09/29 9:24 AM ORDER Setting Hearing on Motion 21 MOTION to Appoint Counsel and MOTION Reassign case to the Corporate Office of Life Care Centers of America and 23 MOTION for Sanctions : A hearing will be held on these motions before the undersigned on Thursday, October 15, 2020 at 2:00 p.m. at the James H. Quillen United States Courthouse, 220 West Depot Street, Greeneville, Tennessee. Signed by Magistrate Judge Cynthia R Wyrick on 09/29/2020. (Copy of Order mailed to Teresa Copas) (AMP) Related: [-]
Friday, August 28, 2020
25		25 respm Response to Motion Fri 08/28 2:10 PM RESPONSE to Motion re21 MOTION to Appoint Counsel MOTION Reassign case to the Corporate Office of Life Care Centers of America filed by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
24		24 3 pgs respoth Memorandum in Support of Motion Fri 08/28 2:09 PM MEMORANDUM in Support of Motion re23 MOTION for Sanctions filed by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
23		23 motion Sanctions Fri 08/28 2:08 PM MOTION for Sanctions by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
Monday, August 24, 2020
22		22 notice Notice (Other) Mon 08/24 1:25 PM NOTICE of Filing Fed-Ex receipt by Teresa Copas. (AML) Related: [-]
Friday, August 21, 2020
21		21 motion Appoint Counsel Miscellaneous Relief Fri 08/21 11:35 AM MOTION to Appoint Counsel, and MOTION to Reassign case to the Corporate Office of Life Care Centers of America by Teresa Copas. (CAT) Related: [-]
		Att: 1 Envelope
Tuesday, August 18, 2020
20		20 discov Notice to Take Deposition Tue 08/18 10:24 AM NOTICE to Take Deposition of Teresa Copas by Life Care Center of Elizabethton.(Nicely, Charles) Related: [-]
Monday, August 17, 2020
19		19 trial Witness List Mon 08/17 4:19 PM WITNESS LIST by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
Wednesday, August 12, 2020
18		18 2 pgs order Order Wed 08/12 11:31 AM ORDER re 17 Notice of Plaintiff's Failure to Comply with Court Order filed by Life Care Center of Elizabethton. Defendant is ADVISED to file a motion, with proper support, any time it seeks relief from the Court. Further, the parties are REMINDED that the deadline for the completion of discovery is September 14, 2020, and that parties should not wait until deadlines have lapsed before seeking relief from the Court. Signed by District Judge Travis R McDonough on 8/12/2020. (BJL) Related: [-]
Tuesday, July 28, 2020
17		17 notice Notice (Other) Tue 07/28 1:05 PM NOTICE by Life Care Center of Elizabethton Notice of Plaintiff's Failure to Comply with Court Order (Nicely, Charles) Related: [-]
Thursday, July 02, 2020
16		16 notice Notice of Change of Address Thu 07/02 2:52 PM Letter and NOTICE of Change of Address from #87 Milligain Lane, Johnson City, TN 37601, to 74 Milligan Lane, Johnson City, TN 37601, by Teresa Copas. (AMP) Related: [-]
		Att: 1 Envelope
Friday, June 19, 2020
15		15 1 pgs order Order Fri 06/19 3:34 PM ORDER: Defendant filed a Motion for Discovery Teleconference to Address Discovery [Doc. 13], on May 19, 2020. A teleconference on this motion was held before the undersigned at 2:00 p.m. on June 18, 2020. Defendant's counsel was present telephonically as directed, but Plaintiff, who is proceeding pro se, failed to appear. Upon inquiry by the Court as to the status of discovery, Defendant's counsel advised that discovery was propounded to Plaintiff on March 10, 2020, and Plaintiff has not yet provided responses to the request for discovery. Plaintiff is ordered to respond to discovery on or before July 20, 2020. Plaintiff is advised that continued failure to participate in the discovery process and/or to appear for future hearings set by the Court could result in the Court imposing sanctions against her, including dismissal of her case. The Clerk's Office is DIRECTED to mail a copy of this Order to Plaintiff. Signed by Magistrate Judge Cynthia R Wyrick on 6/19/2020. (Copy of Order mailed to Teresa Copas). (LCK) Related: [-]
Thursday, June 18, 2020
		minutes Telephone Conference Thu 06/18 2:46 PM Minute Entry for proceedings held before Magistrate Judge Cynthia R Wyrick: Telephone Conference held on 6/18/2020. Order to enter. (JCK) Related: [-]
Thursday, May 21, 2020
14		14 1 pgs order Order ~Util - Set Hearings ~Util - Terminate Motions Thu 05/21 4:34 PM ORDER re 13 MOTION for Discovery Teleconference to Address Discovery filed by Life Care Center of Elizabethton. A telephone conference will be held in chambers to address these discovery issues on Thursday, June 18, 2020 at 2:00 p.m. Counsel shall call 1-888-278-0296 and use access code 1539438 to participate in the telephone conference. Signed by Magistrate Judge Cynthia R Wyrick on 5/21/20. (KDO) Related: [-]
Tuesday, May 19, 2020
13		13 motion Discovery Tue 05/19 10:55 AM MOTION for Discovery Teleconference to Address Discovery by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
Monday, February 03, 2020
12		12 misc Report of Rule 26(f) Planning Meeting Mon 02/03 4:43 PM REPORT of Rule 26(f) Planning Meeting. (Nicely, Charles) Related: [-]
Friday, January 31, 2020
11		11 notice Notice of Consent/Nonconsent Fri 01/31 2:33 PM NOTICE OF NONCONSENT to Magistrate by Life Care Center of Elizabethton (Nicely, Charles) Related: [-]
Friday, January 17, 2020
10		10 order Scheduling Order Fri 01/17 11:26 AM SCHEDULING ORDER: Jury Trial set for 1/25/2021 09:00 AM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough. Final Pretrial Conference set for 1/11/2021 03:00 PM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 1/17/2020. (BJL) Modified on 1/17/2020 (BJL) Related: [-]
Monday, January 13, 2020
9		9 notice Notice re Requirement to Notify Court of Change of Address Mon 01/13 2:47 PM Notice Regarding Requirement to Notify Court of Change of Address. (Copy of Notice mailed to Teresa Copas) (CAT) Related: [-]
8		8 notice Notice of Availability of Magistrate Judge Mon 01/13 8:12 AM (Case at Issue) NOTICE of Availability of Magistrate Judge (Copy of Notice mailed to Teresa Copas)(JCK) Related: [-]
Friday, January 10, 2020
7		7 misc Certificate of Corporate Interest Fri 01/10 1:54 PM Certificate of Corporate Interest by Life Care Center of Elizabethton. (Nicely, Charles) Related: [-]
6		6 answer Answer to Complaint Fri 01/10 1:53 PM ANSWER to1 Complaint by Life Care Center of Elizabethton.(Nicely, Charles) Related: [-]
Friday, January 03, 2020
5		5 1 pgs order Order Governing Motions To Dismiss Fri 01/03 10:33 AM Order Governing Motions To Dismiss. Signed by District Judge Travis R McDonough on 01/03/2020. (Copy of Order mailed to Teresa Copas) (CAT) Related: [-]
4		4 1 pgs order Order Governing Depositions Fri 01/03 10:31 AM Order Governing Depositions. Signed by District Judge Travis R McDonough on 01/03/2020. (Copy of Order mailed to Teresa Copas) (CAT) Related: [-]
3		3 3 pgs order Order Governing Sealing Confidential Information Fri 01/03 10:30 AM Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 01/03/2020. (Copy of Order mailed to Teresa Copas) (CAT) Related: [-]
Friday, December 20, 2019
2		2 service Summons Issued Fri 12/20 4:42 PM Summons Issued as to Life Care Center of Elizabethton. (Issued and returned to pro se plaintiff for service of process) (CAT) Related: [-]
1		1 cmp Complaint Fri 12/20 4:38 PM COMPLAINT against Life Care Center of Elizabethton (Filing fee $ 400.00 receipt number G2012055), filed by Teresa Copas. (CAT) Related: [-]
		Att: 1 Civil Cover Sheet

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