Texas Northern District Court
Judge:Reed C O'Connor
Case #: 4:24-cv-00337
Nature of Suit151 Contract - Medicare Act
Cause28:2201 Declaratory Judgment
Case Filed:Apr 17, 2024
Terminated:Apr 24, 2024
Last checked: Wednesday Apr 17, 2024 10:10 AM CDT
Defendant
Centers for Medicare & Medicaid Services
Plaintiff
KRS Properties, LLC
Represented By
Jeffery Dayne Carruth
Weycer Kaplan Pulaski & Zuber PC
contact info
Allison L. Spruill
Best & Spruill, P.C.
contact info
Plaintiff
West Wharton Hospital District


Docket last updated: 4 hours ago
Wednesday, April 24, 2024
12 12 1 pgs order Order on Motion to Dismiss Wed 04/24 9:31 AM
ORDER OF DISMISSAL: Before the Court is Plaintiffs' Motion to Dismiss Without Prejudice (ECF No.11 ), filed April 23, 2024. Plaintiffs request dismissal of their pending case to allow the bankruptcy court proceedings to move forward and to facilitate continued cooperation among the parties to reach an ultimate resolution. Id. Accordingly, the Court ORDERS that this case is DISMISSED without prejudice. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that all claims in this case between Plaintiffs and Defendant are hereby DISMISSED WITHOUT PREJUDICE. Each party shall bear its own costs of suit and attorneys' fees. (Ordered by Judge Reed C. O'Connor on 4/24/2024) (sre)
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Tuesday, April 23, 2024
11 11 motion Dismiss Tue 04/23 4:45 PM
MOTION to Dismiss Without Prejudice filed by KRS Properties, LLC, West Wharton Hospital District (Spruill, Allison)
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Friday, April 19, 2024
10 10 service Certificate of Service Fri 04/19 4:18 PM
CERTIFICATE OF SERVICE by KRS Properties, LLC, West Wharton Hospital District re5 MOTION for Reconsideration re4 Order on Motion for Hearing,, ,8 Order Setting Deadline/Hearing,, Terminate Motions, Supplemental Certificate of Service Related [+] (Carruth, Jeffery)
Related: [-] Docket Nos. 5, 8
9 9 motion Temporary Restraining Order Fri 04/19 3:59 PM
MOTION for Temporary Restraining Order - Proof of Communication Regarding Notice filed by KRS Properties, LLC, West Wharton Hospital District (Spruill, Allison)
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Att: 1 Exhibit(s)
Thursday, April 18, 2024
8 8 3 pgs order Order Setting Deadline/Hearing ~Util - Terminate Motions Fri 04/19 9:28 AM
ORDER: The Court DENIES Plaintiffs'5 Motion to Reconsider. Further, the Court ORDERS Plaintiffs to provide proof of notice given to Defendants by April 20, 2024, and ORDERS Defendants to respond to Plaintiffs' Request for Injunction and Restraining Order and Request for Emergency Hearing (ECF Nos.1 ,3 ) by April 24, 2024. (Ordered by Judge Reed C. O'Connor on 4/18/2024) (saw)
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7 7 service Summons Issued Thu 04/18 12:29 PM
Summons issued as to United States Department of Health & Human Services, U.S. Attorney, and U.S. Attorney General. (wxc)
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5 5 motion Reconsideration Thu 04/18 10:55 AM
MOTION for Reconsideration re4 Order on Motion for Hearing,, filed by KRS Properties, LLC, West Wharton Hospital District (Carruth, Jeffery)
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Att: 1 Exhibit(s),
Att: 2 Exhibit(s),
Att: 3 Exhibit(s),
Att: 4 Exhibit(s),
Att: 5 Exhibit(s)
Wednesday, April 17, 2024
6 6 qcref O' Connor (FORT WORTH CASES) Thu 04/18 12:20 PM
New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc)
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4 4 3 pgs order Order on Motion for Hearing Wed 04/17 5:12 PM
The Court DENIES Plaintiffs motion for failure to satisfy the stringent requirements of Rule 65 and to demonstrate the necessity of an ex parte order. Finally, the Court makes no determination regarding Plaintiffs entitlement to injunctive relief as a general matter. Plaintiffs may renew such request for relief once Defendants have been served with notice of the instant action. Should Plaintiffs renew their Motion once Defendants have been properly served with notice, the parties must meet and provide a joint briefing schedule. (Ordered by Judge Reed C. O'Connor on 4/17/2024) (chmb)
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3 3 motion Hearing Wed 04/17 2:33 PM
Emergency MOTION for Hearing re1 Complaint,,,,,, filed by KRS Properties, LLC, West Wharton Hospital District (Spruill, Allison)
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Att: 1 Proposed Order
2 2 misc Certificate Of Interested Persons/Disclosure Statement Wed 04/17 11:36 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by KRS Properties, LLC, West Wharton Hospital District. (Clerk QC note: Affiliate entry indicated). (Spruill, Allison)
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1 1 cmp Complaint Wed 04/17 11:26 AM
COMPLAINT against Centers for Medicare & Medicaid Services filed by West Wharton Hospital District, KRS Properties, LLC. (Filing fee $405; Receipt number ATXNDC-14547383) Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Spruill, Allison)
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Att: 1 Exhibit(s),
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Att: 11 Exhibit(s),
Att: 12 Exhibit(s),
Att: 13 Cover Sheet,
Att: 14 Cover Sheet Supplement