Arkansas Western District Court
Judge:P K Holmes III
Case #: 2:23-cv-02031
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1441 Petition for Removal
Case Filed:Mar 08, 2023
Case in other court:Polk County Circuit Court, 57CV-23-00024
Last checked: Monday Sep 04, 2023 4:39 AM CDT
Defendant
Mena Hospital Commission
Represented By
Patrick McDaniel
Patrick Mcdaniel, Attorney At Law, PA
contact info
Timothy J. Lowe, I
Mcdonald Hopkins
contact info
Plaintiff
Carl Schoolfield
Represented By
Joseph Dean Gates
Gates Law Firm, PLLC
contact info


Docket last updated: 3 hours ago
Monday, May 22, 2023
13 13 order Order on Motion to Dismiss for Failure to State a Claim Mon 05/22 4:56 PM
TEXT ONLY ORDER finding as moot5 Motion to Dismiss for Failure to State a Claim. The Plaintiffs filed an amended complaint in the lead case, 23-2002 so the motion to dismiss is moot. "[A]n amended complaint supercedes an original complaint and renders the original complaint without legal effect." Schlafly v. Eagle F. , 970 F.3d 924, 933 (8th Cir. 2020). Signed by Honorable P. K. Holmes III on May 22, 2023. (mc)
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Wednesday, April 26, 2023
12 12 notice Notice of Appearance Wed 04/26 11:01 AM
NOTICE of Appearance by Breean Walas on behalf of A. S., P. S., Daniel Smedley, Jessica Smedley. Associated Cases: 2:23-cv-02002-PKH, 2:23-cv-02021-PKH, 2:23-cv-02023-PKH, 2:23-cv-02027-PKH, 2:23-cv-02031-PKH(Walas, Breean)
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Thursday, April 20, 2023
11 11 6 pgs order Order ~Util - Create Case Association Thu 04/20 12:25 PM
ORDER: Cases 23-2002 23-2021 23-2023 23-2027 and 23-2031 consolidated. The LEAD case shall be 23-2002 All future pleadings shall be filed in the LEAD case (See order for specifics). Signed by Honorable P. K. Holmes III on April 20, 2023. (mjm)
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Friday, April 07, 2023
10 10 order Order on Motion for Miscellaneous Relief Fri 04/07 12:26 PM
TEXT ONLY ORDER granting9 Unopposed MOTION To Hold Defendant's Motion to Dismiss in Abeyance Pending Ruling on Motion to Consolidate. The briefing on Defendant's motion to dismiss5 is held in abeyance until the Court resolves the motion to consolidate in the related case 2:23-cv-2002. Signed by Honorable P. K. Holmes III on April 7, 2023. (mc)
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9 9 motion Miscellaneous Relief Fri 04/07 11:31 AM
Unopposed MOTION To Hold Defendant's Motion to Dismiss in Abeyance Pending Ruling on Motion to Consolidate re5 MOTION to Dismiss for Failure to State a Claim by Carl Schoolfield. (Gates, Joseph)
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Wednesday, March 22, 2023
8 8 order Order on Motion for Extension of Time to File Response/Reply Wed 03/22 2:14 PM
TEXT ONLY ORDER granting in part and denying in part7 Motion for Extension of Time to File Response/Reply. Plaintiff will be granted a 14-day extension. Plaintiff's response to the Motion to Dismiss5 due on or before April 14, 2023. Signed by Honorable P. K. Holmes III on March 22, 2023. (mc)
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7 7 motion Extension of Time to File Response/Reply Wed 03/22 1:56 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to5 MOTION to Dismiss for Failure to State a Claim by Carl Schoolfield. (Gates, Joseph)
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Friday, March 17, 2023
6 6 order Initial Scheduling Order Fri 03/17 2:35 PM
INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 4/24/2023. Jury Trial set for 1/29/2024 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Michelle McEntire Courtroom Deputy for Honorable P. K. Holmes III on March 17, 2023. (mjm)
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5 5 motion Dismiss for Failure to State a Claim Fri 03/17 2:17 PM
MOTION to Dismiss for Failure to State a Claim by Mena Hospital Commission.(Lowe, Timothy)
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Att: 1 Exhibit A. Complaint
Wednesday, March 08, 2023
4 4 notice Magistrate Notice/Consent Form Wed 03/08 12:39 PM
Magistrate Notice/Consent Form (tmc)
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3 3 cmp Complaint Wed 03/08 12:33 PM
STATE COURT COMPLAINT against Mena Hospital Commission, filed by Carl Schoolfield.(tmc)
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2 2 6 pgs cmp Notice of Removal Wed 03/08 12:30 PM
NOTICE OF REMOVAL from Polk County Circuit Court, case number 57CV-23-24, filed by Mena Hospital Commission.(tmc)
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Att: 1 39 pgs Exhibit A - State Court Complaint,
Att: 2 Exhibit B - Declaration
1 1 misc Civil Cover Sheet Wed 03/08 12:23 PM
CIVIL COVER SHEET by Mena Hospital Commission. (tmc)
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notice Clerk's Notice Regarding Filing Fee Wed 03/08 12:37 PM
CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee:2 Notice of Removal. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days. If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal. Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 3/10/2023 (tmc)
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misc Filing Fee Submitted Wed 03/08 1:02 PM
Notice of Removal filing fee paid re2 Notice of Removal : $ 402, receipt number AARWDC-2741337.. (Lowe, Timothy)
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