Nutt et al v. Kees et al
ORDER directing that Discovery is due on or before 7/13/2012; Dispositive Motions due on or before 8/17/2012. Responses to any dispositive motions must be filed on or before 9/17/2012, & replies to any responses must be filed on or before 10/5/2012. The Court will set a trial date by separate Order. Signed by Judge Susan Webber Wright on 4/9/2012. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KEVIN NUTT and LISA NUTT,
STAFFORD KEES; CARROLL COUNTY
NURSING AND REHAB CENTER, INC., an *
Arkansas Corporation; OSCEOLA NURSING *
HOME, LLP, an Arkansas Limited Liability *
Partnership; OSCEOLA THERAPY AND
LIVING CENTER, INC., an Arkansas
Corporation; OSCEOLA HEALTHCARE,
PLLC, an Arkansas Professional
Limited Liability Company; and HOPE
HEALTHCARE, LLC, an Arkansas Limited *
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.
By Order entered March 20, 2012 [doc.#42], the Court directed 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. Plaintiffs timely filed a status report [doc.#43]
detailing the progress of the case to date and asking for certain deadlines and a trial date.
In accordance with the request of plaintiffs and defendant Carroll County Nursing and
Rehab Center, Inc., the Court establishes a discovery deadline of to and including July 13, 2012,
and a dispositive motions deadline of to and including August 17, 2012. Responses to any
dispositive motions must be filed on or before September 17, 2012, and replies to any responses
must be filed on or before October 5, 2012. The Court will set a trial date by separate Order.
The Court directs that the parties consult with the Court’s courtroom deputy–Cecilia Norwood–
about possible trial dates.1
IT IS SO ORDERED this 9th day of April 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
As previously noted, separate defendants Osceola Nursing Home, LLP, and Osceola Healthcare,
PLLC, are in default, these entities having not obtained counsel despite being warned of the consequences
of their failure to do so, see Orders entered August 10, 2011 [doc.#30], September 1, 2011 [doc.#32], and
December 5, 2011 [doc.#40], and separate defendant Stafford Kees is apparently proceeding pro se. See
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