Nutt et al v. Kees et al

Filing 42

ORDER directing Plaintiffs to inform the Court of the current status of this action, including whether further discovery is required, or whether a damages hearing may now be set, within 20 days of the date of entry of this Order. Signed by Judge Susan Webber Wright on 3/20/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
KEVIN NUTT and LISA NUTT,

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Plaintiffs,
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vs.
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STAFFORD KEES; CARROLL COUNTY
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NURSING AND REHAB CENTER, INC., an *
Arkansas Corporation; OSCEOLA NURSING *
HOME, LLP, an Arkansas Limited Liability *
Partnership; OSCEOLA THERAPY AND
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LIVING CENTER, INC., an Arkansas
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Corporation; OSCEOLA HEALTHCARE,
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PLLC, an Arkansas Professional
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Limited Liability Company; and HOPE
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HEALTHCARE, LLC, an Arkansas Limited *
Liability Company,
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Defendants.
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No. 3:10-cv-00307-SWW

ORDER
Plaintiffs Kevin Nutt and Lisa Nutt bring this action pursuant to the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., alleging that
defendants, Stafford Kees, Carroll County Nursing & Rehab Center, Inc., Osceola Nursing
Home, LLP, Osceola Therapy & Living Center, Inc., Osceola Healthcare, PLLC, and Hope
Healthcare, LLC, failed to make health insurance premium payments to a group health plan
despite making deductions from pay to cover such premiums. Plaintiffs further allege that they
were employed by defendants in various capacities and that their employment was terminated in
retaliation for insisting that defendants provide the benefits they had been promised.
By Order entered December 5, 2012 [doc.#40], the Court granted plaintiffs’ unopposed
motion for default judgment [doc.#35] against Osceola Nursing Home, LLP and Osceola

Healthcare, PLLC. The Court stated that it would schedule a damages hearing at the conclusion
of the time for conducting discovery, which expired on March 16, 2012.
As the discovery deadline has come and gone, the Court directs plaintiffs to inform the
Court of the current status of this action, including whether further discovery is required or
whether a damages hearing may now be set, within twenty (20) days of the date of entry of this
Order.

IT IS SO ORDERED this 20th day of March 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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