Goodfellow v. Cashman et al

Filing 78

ORDER: For the reasons stated on the record at the 12 December 2014 hearing, the Court makes the following rulings. 34 Motion to Appoint interim counsel denied without prejudice; 36 Motions to consolidate and continue granted as modified; 41 Mo tion to intervene denied as unnecessary. The Clerk also directs the Clerk to correct docket entries 41 and 42 to show that this motion and memorandum were filed by the plan participants, not the plan. 43 Motion to dismiss denied without prejudi ce as moot. Initial Scheduling Order 35 vacated. The Court further directs the Clerk to correct the docket, 69 was a motion for a Clerk's default, and one has been entered. The Court designates Sumpter, 3:14-cv-229 as the lead case. The Court will hold a Rule 16(a) status conference at 1:00 p.m. on Wednesday 21 January 2015 in Jonesboro. Joint status report due by 14 January 2015. Case stayed until 10 February 2015. Signed by Judge D. P. Marshall Jr. on 12/15/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DELORIS SUMPTER v. PLAINTIFF No. 3:14-cv-229-DPM CRITTENDEN HOSPITAL ASSOCIATION, ET AL. DEFENDANTS RHONDA MICHELLE GOODFELLOW, on behalf of herself and all similarly situated persons v. PLAINTIFF No. 3:14-cv-226-DPM EUGENE K. CASHMAN, JR., ET AL. DEFENDANTS ORDER For the reasons stated on the record at the 12 December 2014 hearing, the Court makes these rulings in the two cases. In Sumpter, Case No. 3:14-cv-229-DPM: • Motions to consolidate and continue, Ng 23, granted as modified; • Motion to dismiss, NQ 28, denied as moot; • Motion to withdraw, NQ 31, granted; • Motion to dismiss, NQ 33, denied as moot; and • Amended Complaint, NQ 3 7, construed as motion for leave to amend and granted. In Goodfellow, Case No. 3:14-cv-226-DPM: • Motion to appoint interim counsel, NQ 34, denied without prejudice; • Motions to consolidate and continue, NQ 36, granted as modified; • Motion to intervene, NQ 41, denied as unnecessary; • The Court also directs the Clerk to correct NQ 41 & 42 to show that this motion and memorandum were filed by the plan participants, not the plan; • Motion to dismiss, NQ 43, denied without prejudice as moot; • Initial Scheduling Order, NQ 35, vacated; and • The Court directs the Clerk to correct the docket- NQ 69 was a motion for a Clerk's default, and one has been entered. NQ 70. The Court designates Sumpter, Case No. 3:14-cv-229-DPM, as the lead case because it was filed first, albeit in state court. The Court will hold another Rule 16(a) status conference at 1:00 p.m. on Wednesday, 21 January 2015 in Jonesboro. Joint status report due by 14 January 2015. Case stayed until 10 February 2015. -2- So Ordered. United States District Judge -3-

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