in the united states bankruptcy court for the ......western district of texas (“district court...

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – X

In re

Senior Care Centers LLC, et al.

Debtor-in-Possession.

:

:

:

Chapter 11

Case No. 18-33967-bjh

(Jointly administered)

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – X

CREDITOR LORETTA HARDY’S MOTION UNDER SECTION 11 U.S.C. § 362(d)(1) FOR RELIEF FROM THE AUTOMATIC STAY AND WAIVER OF 14 DAY STAY

PURSUANT TO LOCAL BANKRUPTCY RULE 4001-1(b), A RESPONSE IS REQUIRED TO THIS MOTION, OR THE ALLEGATIONS IN THE MOTION MAY BE DEEMED ADMITTED, AND AN ORDER GRANTING THE RELIEF SOUGHT MAY BE ENTERED BY DEFAULT.

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT EARLE CABELL FENDERAL BUILDING, 1100 COMMERCE ST., RM, 1254, DALLAS TX 75242-1496 BEFORE CLOSE OF BUSINESS ON OCTOBER 2, 2019, WHICH IS AT LEAST 14 DAYS FROM THE DATE OF SERVICE HEREOF. A COPY SHALL BE SERVED UPN COUNSEL FOR THE MOVING PARTY AND ANY TRUSTEE OR EXAMINEER APPOINTED IN THE CASE. ANY RESPONSE SHALL INCLUDE A DETAILED AND COMPREHENSIVE STATEMENT AS TO HOW THE MOVANT CAN BE “ADEQUATELY PROTECTED” IF THE STAY IS TO BE CONTINUED.

Loretta Hardy, a creditor of the above-captioned Debtor[s] (“Movant”), hereby moves this Court

(“Motion”) pursuant to section 362(d)(1) of title 11 of the United States Code (“Bankruptcy Code”) and

Rule 4001(a) of the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”) for entry of an order

modifying and terminating the automatic stay to permit Movant to exercise all of her rights and remedies

with respect to her employment law cause of action pending in the United States District Court for the

Western District of Texas (“District Court”), Cause No.18-cv-00739 (the “Employment Suit”). A copy of

the petition initiating the Employment Suit is attached hereto as Exhibit A. In support of this Motion, the

Movant respectfully represents the following:

Case 18-33967-bjh11 Doc 1908 Filed 09/18/19 Entered 09/18/19 13:20:13 of 10

JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334(b) and 157. This

is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(G). Movant consents to entry of a final judgment

by the Court in connection with this Motion to the extent it is later determined that the Court, absent

consent of the parties, cannot enter final orders or judgments in connection herewith consistent with

Article III of the United States Constitution.

2. Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409.

3. The statutory and legal predicate for the relief requested herein are section 362(d) of the

Bankruptcy Code and Bankruptcy Rule 4001(a).

FACTUAL BACKGROUND

4. On August 29, 2018, the Movant filed the Employment Suit alleging violations of the

Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. as amended by the ADA Amendments Act of

2008 (“ADAAA”), and for other causes of action. A true and correct copy of the original petition is

attached hereto as Exhibit A and the current docket sheet in the matter is attached hereto as Exhibit B.

5. On December 4, 2018, the Debtor filed its bankruptcy case under Chapter 11 of the

Bankruptcy Code. The bankruptcy case remains pending, and the Debtor is serving as Debtor in

Possession.

6. The Employment Suit was stayed on December 10, 2018, pursuant to an Order of the

District Court, and status reports have been filed periodically indicating that the stay continues in effect.

7. On February 18, 2019, the Movant filed a claim for $500,000.

ARGUMENT AND AUTHORITIES


8. By this Motion, the Movant seeks entry of an order, pursuant to Bankruptcy Code section

362(d)(1), modifying and terminating the automatic stay to permit Movant to exercise all of its rights and

remedies under applicable law with respect to the Employment Suit.

9. Bankruptcy Code Section 362(d)(1) states that on request of a party in interest, the court

shall grant relief from the stay by terminating, annulling, modifying, or conditioning the stay for cause.

10. Cause is not defined in the Bankruptcy Code, but includes a desire to continue prosecution

of prepetition litigation under certain conditions. H.R. REP. No. 95–595, 343.44 (1977), reprinted in 1978

U.S.C.C.A.N. 5787, 6300 cited by In re Choice ATM Enterprises, Inc., No. 14-44982-DML, 2015 WL

1014617, at *3 (Bankr. N.D. Tex. Mar. 4, 2015)

11. Courts use several different factors to balance the equities between the litigants, the estate

and the nonbankruptcy parties in order to determine whether to permit litigation to proceed against the

debtor in the nonbankruptcy forum. Id. at 3-4. The relevant factors in the instant case are: 1) Whether

insurance exists to cover the claim and the defense; and 2) Whether the relief requested will result in full

adjudication of the issues.

12. Regarding the first factor, courts inquire whether the prosecution of the suit will diminish

the estate and prejudice the other creditors. In this case, prosecuting the suit will not diminish the estate

or prejudice other creditors. The Movant believes that the Debtor’s employment practices liability

insurance policy covers the Movant’s claim. Additionally, the policy likely confers upon the insurer a duty

to defend the claim. The Movant is aware of no other claimants with the ability to seek fulfillment from

the employment practices policy and therefore believes that no other creditor will be prejudiced.

13. The second relevant factor is whether the bankruptcy court has the ability to accord full

relief. The bankruptcy court is unable to accord any relief in the instant case. Pursuant to § 157(b)(5),

bankruptcy courts cannot hear personal injury tort claims:


The district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending.

In re Schepps Food Stores, Inc., 169 B.R. 374, 378 (Bankr. S.D. Tex. 1994)(emphasis in original).

14. Courts have typically held that employment discrimination suits are personal injury suits,

with recent caselaw doing so almost uniformly. In re Pilgrim's Pride Corp., 2011 WL 3799835, at *3

(Bankr. N.D. Tex. Aug. 26, 2011); In re Ice Cream Liquidation, Inc., 281 B.R. 154, 162 (Bankr. D.

Conn. 2002); In re Erickson, 330 B.R. 346, 349 (Bankr. D. Conn. 2005); In re Mason, 514 B.R. 852,

860 (Bankr. E.D. Ky. 2014); In re White, 410 B.R. 195, 203 (Bankr. W.D. Va. 2008); In re Arnott, 512

B.R. 744, 753–54 (Bankr. S.D.N.Y. 2014); In re Redondo Constr. Corp., No. 02-02887 GAC, 2006 WL

3898382, at *3 (Bankr. D.P.R. June 29, 2006).

15. Further, pursuant to 28 U.S.C. 157(b)(2)(O), personal injury suits are non-core matters.

16. Accordingly, this factor is in favor of lifting the stay.

17. Finally, on August 19, 2019, the Court entered an order compelling a claims resolution

procedure for certain creditors with litigation claims (Doc#1757, the “ADR order”). The Movant was not

among the creditors listed in the ADR order. Additionally, though the Movant has a personal injury claim,

she does not have a claim of a kind that is addressed by the motion (Doc #1252, the “ADR motion”). The

ADR motion addressed only claims “for death or bodily injury” ¶ 11, while the Movant’s claim is

employment discrimination. It is also expected that a different pool of insurance will apply than would

be the case for the physical injury claims. Therefore, the Movant does not believe that the ADR order

applies to her case.

18. The Movant plans to prosecute the Employment Suit to final judgment in the District Court

and believes that the judgment will fall within the policy limits. To the degree that it does not, the Movant

reserves the right to prosecute her unsecured claim for the difference.


CONCLUSION

WHEREFORE, for the reasons set forth herein, the Movant respectfully requests that this Court

enter an order, substantially in the form attached hereto: 1) modifying and terminating the automatic stay

to permit Movant to exercise all of her rights and remedies under applicable law with respect to the

Employment Suit up to and including obtaining a money judgment; 2) limiting the Debtor’s recovery of

monies to funds received from the Debtor’s insurance company or another third party except that if the

Movant receives a judgment in excess of the funds available under the Debtor’s insurance policy or from

another third party, the Movant may file a claim for the deficiency; and 3), for waiver of the 14-day stay

of Bankruptcy Rule 4001(a)(3); and 3) for such other relief as the Court deems just and proper.

Dated: September 18, 2019

Respectfully submitted, HAJJAR PETERS LLP

/s/Ron Satija . Ron Satija 24039158 Charlie Shelton 24079317 3144 Bee Caves Rd Austin, TX 78746 (512) 637-4956/Fax (512) 637-4958 [email protected] [email protected] Counsel to Loretta Hardy, Creditor

CERTIFICATE OF CONFERENCE

I hereby certify that on July 24, 2019, and again on August 12, 2019, Ron Satija communicated with Trey Monsour, counsel for the Debtor requesting the Debtor’s agreement to lift the automatic stay or in the alternative, for some other relief, as required by Local Rule 9014-1(d)(1). There were responsive communications from the Debtor, however as of the date of filing this motion, Debtor’s counsel has not assented to the relief requested or for any other relief or compromise.

/s/ Ron Satija Ron Satija

CERTIFICATE OF SERVICE


I hereby certify that on September 18, 2019, the foregoing motion for relief from the automatic stay was served via CM/ECF or US Mail on the Debtor, the Debtor’s attorney, the committee counsel, and all parties requesting notice pursuant to Local Bankruptcy Rule 2002-1(j).

/s/ Ron Satija Ron Satija


Creditor Address1 Address2 Address3 Address4 Address5Acadian Ambulance Service Attn: James Troy Mayer, Regional VP P.O. Box 98000 Lafayette, LA 70509ADP, Inc. P.O. Box 842875 Boston, MA 02284-2875AHS-Medrec, Inc. D/B/A Medrec P.O. Box 732800 Dallas, TX 75373-2800American Express National Bank c/o Becket & Lee LP Attn: Elizabeth Agolla P.O. Box 3001 Malvern, PA 19355-0701Anderson Lehrman Barre & Maraist, LLP Attn: Kevin M. Maraist 1001 Third St, Suite 1 Corpus Christi, TX 78404Arent Fox LLP Attn: Robert M. Hirsh 1301 Avenue of the Americas, Floor 42 New York, NY 10019Arlington ISD/Crowley ISD/City of Garland/Garland ISD c/o Perdue, Brandon, Fielder, Collins & Mott, LLP Attn: Eboney Cobb 500 E. Border St., Suite 640 Arlington, TX 76010Arnall Golden Gregory LLP Attn: Michael F. Holbein 171 17th Street NW, Suite 2100 Atlanta, GA 30363-1031Assistant Travis County Attorney Attn: Jason Starks P.O. Box 1748 Austin, TX 78767Atlas Dental Management, LLC Attn: James Brouner 12770 Coit Rd., Suite 541 Dallas, TX 75251Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Attn: Susan C. Mathews 1301 McKinney St, Suite 3700 Houston, TX 77010Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Attn: Daniel J. Ferretti 1301 McKinney Street, Suite 3700 Houston, TX 77010Barlow Garsek & Simon, LLP Attn: Paul J. Vitanza 920 Foch Street Fort Worth, TX 76107Barnes & Thornburg, LLP Attn: Jamie R. Welton Attn: Robert M. Castle Attn: Thomas G. Haskins 2121 N Pearl St, Ste 700 Dallas, TX 75201-2469Barnes & Thornburg, LLPBarnes & Thornburg, LLPBelfor USA Group, Inc 4820 Ih 35 N Waco, TX 76705Bell Nunnally & Martin LLP Attn: Russell W. Mills 2323 Ross Ave, Ste 1900 Dallas, TX 75201BKD, LLP Attn: Accounts Receivable P.O. Box 1190 Springfield, MO 65801-1190Bogorad & Richards PLLC Attn: Stephen A. Bogorad 209 Madison Street, Suite 501 Alexandria, VA 22314Bonds Ellis Eppich Schafer Jones LLP Attn: John Y. Bonds, III 420 Throckmorton St, Suite 1000 Fort Worth, TX 76102Brown, LLC Attn: Jason T. Brown Attn: Patrick S. Almonrode 111 Town Square Place, Suite 400 Jersey City, NJ 07310Bryan Cave Leighton Paisner LLP Attn: Keith M. Aurzada Attn: Michael P. Cooley Attn: Bradley J. Purcell 2200 Ross Ave, Suite 3300 Dallas, TX 75201Bryan Cave Leighton Paisner LLPBryan Cave Leighton Paisner LLPBryan Cave Leighton Paisner LLP Attn: Lindsey Robin 2200 Ross Ave, Suite 3300 Dallas, TX 75201Bryan Cave Leighton Paisner LLP Attn: Trinitee G. Green 161 North Clark Street, Suite 4300 Chicago, IL 60601-3315BRYAN CAVE LEIGHTON PAISNER, LLPBRYAN CAVE LEIGHTON PAISNER, LLPBuchalter, A Professional Corporation Attn: Shawn M. Christianson 55 Second Street, 17th Floor San Francisco, CA 94105-3493Burford & Ryburn, LLP Attn: Jacob A. Becker 500 N. Akard, Ste 3100 Dallas, TX 75201C. Daniel Roberts, P.C Attn: Daniel Roberts 1602 E. Cesar Chavez Austin, TX 78702Cedar Park Healthcare LLC 21726 Hardy Oak Blvd San Antonio, TX 78258Cedar Park Healthcare LLCCentury Healthcare LLC CHC Companion P.O. Box 3280 Grapevine, TX 76099-3280Centurylink P.O. Box 52187 Phoenix, AZ 85072-2187CEU360 5048 Tennyson Pkwy, Suite 200 Plano, TX 75024Choate Law Firm, PLLC Attn: Thomas Choate Attn: Matthew Choate P.O. Box 206 Abilene, TX 76604Choate Law Firm, PLLC.CIBC Bank USA Attn: James Harper 34901 Woodward Ave, Suite 200 Birmingham, MI 48009City of Fort Worth City Attorney Attn: Stephen A. Cumbie 200 Texas St Fort Worth, TX 76102Clear Brook City MUD c/o Linebarger Goggan Blair & Sampson, LLP Attn: John P. Dillman P.O. Box 3064 Houston, TX 77253-3064Clinical Resources LLC 3338 Peachtree Rd, Ne, Suite 102 Atlanta, GA 30326CNA Deductible Recovery Group P.O. Box 6065-02 Hermitage, PA 16148-1068Cokinos | Young Attn: Craig E. Power Attn: Misty A. Segura Four Houston Center 1221 Lamar Street, 16th Floor Houston, TX 77010Cokinos | YoungColonial Life Accident & Insurance Co Processing Center P.O. Box 1365 Columbia, SC 29202-1365Condon Tobin Sladek Thornton, PLLC Attn: J. Seth Moore 8080 Park Lane, Suite 700 Dallas, TX 75231Copperas Cove Independent School District c/o Perdue, Brandon, Fielder, Collins & Mott, L.L.P. Attn: John T. Banks 3301 Northland Drive, Suite 505 Austin, TX 78731Cory Fein Law Firm Attn: Cory Fein 712 Main St., Ste. 800 Houston, TX 77002Crowe & Dunlevy Attn: Vickie Driver Attn: Christina Stephenson Spaces McKinney Avenue 1919 McKinney Avenue, Suite 100 Dallas, TX 75201Crowe & DunlevyD. Woodard Glenn, P.C. Attn: D. Woodard Glenn 8214 Westchester Drive, Ste. 740 Dallas, TX 75225Dean, Omar & Branham, LLP Attn: Charles W. Branham, III 302 N. Market Street, Suite 300 Dallas, TX 75202Department of Medicaid P.O. Box 91278 Baton Rouge, LA 70821-9893Diagnostic Laboratories & Radiology 2820 N. Ontario Street Burbank, CA 91504-2015Direct Supply, Inc. Attn: Rich Lampereur 6767 N Industrial Rd Milwaukee, WI 53223Division of Health Services Regulation Health Standards Section P.O. Box 3767 Baton Rouge, LA 70821Duane Morris LLP Attn: John R. Weiss Attn: Rosanne Ciambrone 190 South LaSalle Street, Suite 3700 Chicago, IL 60603-3433


Duane Morris LLPDuane Morris LLP Attn: Jarret Hitchings 222 Delaware Ave., Ste. 1600 Wilmington, DE 19801-1659Ferguson Braswell Fraser Kubasta PC Attn: Leighton Aiken 2500 Dallas Pkwy, Suite 600 Plano, TX 75093Foley & Lardner LLP Attn: Deirdre B. Ruckman 2021 Mckinney Ave, Suite 1600 Dallas, TX 75201Fox Rothschild LLP Attn: Mark A. Platt Two Lincoln Centre 5420 LBJ Freeway, Suite 1200 Dallas, TX 75240Fox Rothschild LLP Attn: Gordon Gouveia 321 N. Clark Street, Suite 800 Chicago, IL 60654GB&P Lubbock Ltd 610 Towson Ave Fort Smith, AR 72901GPDP Development Ltd. 610 Towson Ave Fort Smith, AR 72901GrayRobinson, P.A. Attn: Steven J. Solomon 333 S E 2nd Ave, Suite 3200 Miami, FL 33131Greenberg Traurig, LLP Attn: Shari Heyen 1000 Louisiana St., Suite 1700 Houston, TX 77002Greenberg Traurig, LLP Attn: Karl Dial 2200 Ross Ave., Suite 5200 Dallas, TX 75201Greenberg Traurig, LLP Attn: Nancy Peterman 77 West Wacker Drive Suite 3100 Chicago, IL 60601Hajjar Peters LLP Attn: Ron Satija 3144 Bee Caves Rd Austin, TX 78746Haynes and Boone, LLP Attn: Stephen M. Pezanosky Attn: Matthew T. Ferris 2323 Victory Ave, Suite 700 Dallas, TX 75219Haynes and Boone, LLPHD Supply Facilities Maintenance P.O. Box 509058 San Diego, CA 92150-9058Healthcare Services Group Inc. Attn: Patrick J. Orr 3220 Tillman Drive, Suite 300 Bensalem, PA 19020Healthcare Services Group, Inc. 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Tryon St., Ste. 2400 Charlotte, NC 28202Kilpatrick Townsend & Stockton LLP Attn: Colin Bernardino 1100 Peachtree St., NE, Ste. 2800 Atlanta, GA 30309-4530Landau Gottfried & Berger LLP Attn: Peter Gurfein 1801 Century Park East, Ste. 700 Los Angeles, CA 90067Law Offices of Judith W. Ross Attn: Judith W. Ross Attn: Rachael L. Smiley 700 North Pearl Street, Suite 1610 Dallas, TX 75201Law Offices of Judith W. RossLinebarger Goggan Blair & Sampson, LLP Attn: Don Stecker 711 Navarro St, Suite 300 San Antonio, TX 78205Linebarger Goggan Blair & Sampson, LLP Attn: Laurie Spindler 2777 N. Stemmons Freeway, Suite 1000 Dallas, TX 75207Linebarger Goggan Blair & Sampson, LLP Attn: Diane W Sanders P.O. Box 17428 Austin, TX 78760-7428Linebarger Goggan Blair & Sampson, LLP Attn: John P. Dillman PO Box 3064 Houston, TX 77253-3064Locke Lord LLP Attn: Stephen J. Humeniuk 600 Congress Ave, Ste 2200 Austin, TX 78701Locke Lord LLP Attn: Michael B. Kind 111 South Wacker Dr. Chicago, IL 60606Locke Lord LLP Attn: Jonathan W. Young 111 Huntington Ave Boston, MA 02199Louisiana Department of Health P.O. Box 629 Baton Rouge, LA 70821-0629Louisiana Department of Justice Office of the Attorney General Attn: Jeff Landry P.O. Box 94005 Baton Rouge, LA 70804Luttrell + Carmody Law Group Attn: Leslie Luttrell One International Centre 100 NE Loop 410, Ste. 615 San Antonio, TX 78216Lynn Pinker Cox & Hurst, LLP Attn: Jeremy A. Fielding Attn: Christopher J. Akin 2100 Ross Avenue, Suite 2700 Dallas, TX 7520Lynn Pinker Cox & Hurst, LLPMarshall Law Attn: Joe Marshall 3131 McKinney Ave., Ste 600 Dallas, TX 75204Maurice Wutscher LLP Attn: Alan C. Hochheiser, Esq. 23611 Chargrin Blvd. Suite 207 Beachwood, OH 44122McAfee & Taft A Professional Corporation Attn: Louis J. Price Attn: Ross A. Plourde 211 N. Robinson Ave Two Leadership Square, 10th FL Oklahoma City, OK 73102-7103McAfee & Taft A Professional CorporationMcCathern, PLLC Attn: Eric M. Van Horn Regency Plaza 3710 Rawlins Street, Ste. 1600 Dallas, TX 75219McCreary, Veselka, Bragg & Allen, P.C. Attn: Tara LeDay P.O. Box 1269 Round Rock, TX 78680McGinnis Lochridge LLP Attn: William H. Daniel 600 Congress Ave, Suite 2100 Austin, TX 78701McGinnis Lochridge LLP Attn: Christopher L. Halgren 711 Louisiana Street, Suite 1600 Houston, TX 77002McGuire, Craddock & Strother, P.C. Attn: Steven H. Thomas Attn: J. Mark Chevallier 2501 N. Harwood, Suite 1800 Dallas, TX 75201McGuire, Craddock & Strother, P.C.Medline Industries, Inc. Attn: Shane Reed 3 Lakes Dr Northfield, IL 60093Miller Mentzer Walker, P.C Attn: Julie A. Walker P.O. Box 130 100 N. Main St Palmer, TX 75152Mobilexusa (DSSI) 930 Ridgebrook Rd., 3rd Floor Sparks, MD 21152Munsch Hardt Kopf & Harr, P.C Attn: Kevin Lippman Attn: Deborah Perry 500 N. Akard Street, Suite 3800 Dallas, TX 75201-6659Munsch Hardt Kopf & Harr, P.C.Nacogdoches County, et al. Perdue, Brandon, Fielder, Collins & Mott LLP c/o Tab Beall 305 S. Broadway Ave, Suite 200 Tyler, TX 75702


Nacogdoches County, et al.Navarro SNF Development, LP 9840 Jacksboro Hwy Ft. Worth, TX 76135Navarro Snf Development, LPNeligan LLP Attn: James Muenker 325 N. St. Paul, Suite 3600 Dallas, TX 75201Nelson Mullins Broad and Cassel Attn: Frank Terzo 100 SE 3rd Ave, Ste. 2700 Ft. Lauderdale, FL 33394Office of the United States Trustee Attn: Meredyth Kippes Attn: Stephen McKitt Earle Cabell Federal Bldg 1100 Commerce St, Room 976 Dallas, TX 75242Office of the United States TrusteeOgletree Deakins P.O. Box 89 Columbia, SC 29202OLP Wyoming Springs LLC c/o One Liberty Properties, Inc 60 Cuttermill Rd, Suite 303 Great Neck, NY 11021Omnicare, Inc. Attn: Karen Dailey 444 N. 44th St Phoenix, AZ 85008Padfield & Stout, L.L.P Attn: John E. Johnson 705 Ross Avenue Dallas, TX 75202Padfield & Stout, L.L.P Attn: Mark W. Stout 910 The Carnegie 421 W. Third Street Fort Worth, TX 76102Palmer & Manuel, PLLC Attn: Larry Chek 8350 N. Central Expressway, Suite 1111 Dallas, TX 75206Patrick Kelley, PLLC Attn: Patrick Kelley 112 E. Line Street, Suite 203 Tyler, Texas 75702PC Connection Sales DBA Connections P.O. Box 536472 Pittsburgh, PA 15253-5906Perdue, Brandon, Fielder, Collins & Mott, LLP Attn: Laura Monroe P.O. Box 817 Lubbock, TX 79408Performance Food Group, Inc. Attn: Bradley Boe 188 Inverness Dr W, Ste 700 Englewood, CO 80108Pharmerica P.O. Box 409251 Atlanta, GA 30384-9251Pointclickcare Technologies, Inc. P.O. Box 674802 Detroit, MI 48267-4802Polsinelli PC Attn: Jeremy R. Johnson 600 Third Ave., 42nd Floor New York, NY 10016Polsinelli PC Attn: Trey Monsour 2950 N. Harwood, Suite 2100 Dallas, TX 75201Polsinelli PC Attn: Stephen J. Astringer 222 Delaware Avenue, Suite 1101 Wilmington, DE 19801Polsinelli PC Attn: Nicholas A. Griebel 100 S. Fourth Street, Suite 1000 St. Louis, MO 63102Powers Taylor LLP Attn: Patrick W. Powers Attn: Meredith Mathews 5445 La Sierra Dr., Suite 300 Dallas, Texas 75231Powers Taylor LLPPresto-X / Rentokil Sterite P.O. Box 13848 Reading, PA 19612Quilling, Selander, Lownds, Winslett & Moser, P.C. Attn: Gregory Sudbury Attn: Hudson Jobe 2001 Bryan St., Suite 1800 Dallas, TX 75201Quilling, Selander, Lownds, Winslett & Moser, P.C.Quinn Emanuel Urquhart & Sullivan, LLP Attn: Patricia B. Tomasco 711 Louisiana, Suite 500 Houston, TX 77002Reaud Morgan & Quin, LLPReaud Morgan & Quinn, LLP Attn: John Werner Attn: Christopher Mahfouz 801 Laurel St P.O. Box 26005 Beaumont, TX 77720Recovercare LLC P.O. Box 936446 Atlanta, GA 31193-6446Roedel Parsons Koch Blache Balhoff & McCollister, A Law Corp Attn: David A. Woolridge 8440 Jefferson Hwy, Ste 301 Baton Rouge, LA 70809Sabra Health Care Reit, Inc. Attn: B. Chappell Attn: B. Healey 353 N. Clark, Suite 2900 Chicago, IL 60654Sabra Texas Holdings, LP 18500 Von Karman Ave, Suite 550 Irvine, CA 92612-0539San Antonio North Knoll LLC 10960 Wilshire Blvd., 5th Floor Los Angeles, CA 90024San Antonio North Knoll LLCSan Antonio North Knoll LLCSchryver Medical Sales and Marketing, LLC 12075 E. 45th Ave, Suite 600 Denver, CO 80239Searcy & Searcy, P.C. Attn: Joshua Searcy Attn: Callan C. Searcy P. O. Box 3929 Longview, TX 75606Searcy & Searcy, P.C.Sedgwick CMS 175 W. Jackson, Suite 700 Chicago, IL 60604Seqirus USA, Inc. P.O. Box 934973 3585 Atlanta Avenue Hapeville, GA 30354Sher Garner Cahill Richter Klein & Hilbert, L.L.C. Attn: James M. Garner Attn: Thomas J. Madigan, II 909 Poydras Street, 28th Floor New Orleans, Louisiana 70112-1033Sher Garner Cahill Richter Klein & Hilbert, L.L.C.ShiftKey, LLC. Attn: Dustin Freeman 2816 Thomas Ave, 5 Dallas, TX 75204Sierra Legal Group Attn: Atousa Nezamabadi 3 Sugar Creek Center Blvd, Ste 100 Sugar Land, TX 77479Specialized Medical Services, Inc. 7237 Solution Center Chicago, IL 60677-7002Sprouse Law Firm Attn: Marvin E Sprouse III 401 Congress Ave, Suite 1540 Austin, TX 78701Staples Business Advantage (DSSI) 500 Staples Drive Framingham, MA 01702Staples Promotional Products Bin, 150003 P.O. Box 790322 St. Louis, MO 63179-0322Stevens & Lee, P.C. Attn: Robert Lapowsky 620 Freedom Business Center, Suite 200 King of Prussia, PA 19406Stevens & Lee, P.C. Attn: Evan Coren 919 N. Market St., Ste 1300 Wilmington, DE 19801Stromberg Stock, PLLC Attn: Mark Stromberg 8750 N. Central Expy, Ste 625 Dallas, TX 75231Stutzman, Bromberg, Esserman & Plifka Attn: Heather J. Panko 2323 Bryan St, Suite 2200 Dallas, TX 75201Susan B. Hersh 12770 Coit Road, Ste 1100 Dallas, TX 75251Synchrony Bank c/o Pra Receivables Management LLC P.O. Box 41021 Norfolk, VA 23541TCF Equipment Finance, Inc. Attn: Greg A. Payer 11100 Wayzata Blvd, Ste 801 Minnetonka, MN 55305Texas Attorney General’s Office Attn: Hal F. Morris/J. Casey Roy Attn: Ashley F. Bartram Bankruptcy & Collections Division P.O. Box 12548 - MC 008 Austin, TX 78711-2548Texas Attorney General’s Office


Texas Attorney General’s OfficeTexas Attorney General's Office Attn: Kimberly A. Walsh Bankruptcy & Collection Division MC 008 P.O. Box 12548 Austin, TX 78711-2548Texas Department of State Health Services P.O. Box 149347 Austin, TX 78714-9347Texas Health and Human Services Commission Medicaid/Chip Health Plan Management Mail Code H-320 P.O. Box 85200 4900 N Lamar Austin, TX 78708-5200The Morenoff Firm, PLLC Attn: Daniel I. Morenoff P.O. Box 12347 Dallas, TX 75225The Vida Law Firm, PLLC Attn: Behrooz P. Vida 300 Central Dr. Bedford, TX 76021Trident USA Health Attn: Thomas McCaffery 101 Rock Rd Horsham, PA 19044Trinity Tile And Stone 3705 Tarragona Lane Austin, TX 78727TXMS Real Estate Investments, Inc. Attn: Clinton Malin 2829 Townsgate Rd, Ste 350 Westlake Village, CA 91361U.S. Department of Health & Human Services HHS/OGC Region 6 Attn: Farrah Nicole White, JD, MPH 1301 Young St. Dallas, TX 75202U.S. Department of Justice Attn: Leah V. Lerman 1100 L Street NW, Room 7008 P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875U.S. Department of Justice Attn: Kevin P. VanLandingham P.O Box 875 Washington, D.C 20044-0875United States Attorney Attn: Donna K. Webb 1100 Commerce St., Ste 300 Dallas, TX 75242Vorys, Sater, Seymour and Pease LLP Attn: John J. Sparacino 700 Louisiana Street, Suite 4100 Houston, TX 77002Waller Landen Dortch & Davis, LLP Attn: Cleveland R. Burke 100 Congress Ave., Ste. 1800 Austin, TX 78701Weinstein Radcliff Pipkin LLP Attn: Mike Pipkin 8350 N. Central Expressway Suite 1550 Dallas, TX 75206West & Associates, L.L.P Attn: Veretta L. Frazier 320 S. RL Thornton Freeway Suite 300 Dallas, TX 75203Wick Phillips Gould & Martin, LLP Attn: Jason Rudd Attn: Lauren K. Drawhorn 3131 Mckinney Ave, Suite 100 Dallas, TX 75204Wick Phillips Gould & Martin, LLPWinstead PC Attn: Joseph Wielebinski Attn: Jason Enright 500 Winstead Building 2728 N. Harwood Street Dallas, TX 75201Winstead PC


Plaintiff’s Original Complaint Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

LORETTA HARDY, §

Plaintiff, §

§

v. § CAUSE NO. 1:18-cv-00739

§

§

SENIOR CARE CENTERS, LLC, §

d/b/a COTTONWOOD CREEK §

NURSING AND REHABILITATION §

CENTER, SENIOR CARE CENTER §

MANAGEMENT, LLC, and §

PM MANAGEMENT – CEDAR PARK §

NC, LLC, §

Defendants. §

PLAINTIFF’S ORIGINAL COMPLAINT

TO THE HONORABLE COURT:

COMES NOW, Plaintiff, LORETTA HARDY, complains of Defendants, SENIOR CARE

CENTERS, LLC, d/b/a COTTONWOOD CREEK NURSING AND REHABILITATION

CENTER, SENIOR CARE CENTER MANAGEMENT, LLC, and PM MANAGEMENT –

CEDAR PARK NC, LLC, and for cause of action would show the court and jury the following.

I.

DISCOVERY CONTROL PLAN

1. Plaintiff intends discovery to be conducted pursuant to this Court’s Scheduling

Order.

II.

PARTIES AND SERVICE

2. Plaintiff, LORETTA HARDY, (“Plaintiff”), is a resident of Travis County, Texas.

3. Defendant, SENIOR CARE CENTERS, LLC d/b/a Cottonwood Creek Nursing and

Rehabilitation Center, is a foreign corporation with its principal place of business located at 2 Park

Case 1:18-cv-00739 Document 1 Filed 08/29/18 Page 1 of 9

Exhibit A

Case 18-33967-bjh11 Doc 1908-1 Filed 09/18/19 Entered 09/18/19 13:20:13 Page 1 of 9


Plaza, Suite 800, Irvine, CA 92614, doing business in Travis County, Texas. Defendant owned,

operated, managed, and/or controlled Cottonwood Creek Nursing and Rehabilitation Center during

the time that Plaintiff was an employee. This Defendant may be served by serving its Registered

Agent, Amarillo Corporate Services, LLC, 500 S. Taylor, Suite 1100, LB 219, Amarillo, Texas

79101.

4. Defendant, SENIOR CARE CENTERS MANAGEMENT, LLC is a Texas limited

liability company with its principal place of business located at 600 North Pearl Street, Suite 1100,

Dallas, Texas 75201. Defendant owned, operated, managed, and/or controlled Cottonwood Creek

Nursing and Rehabilitation Center during the time that Plaintiff was an employee. This Defendant

may be served by serving its Registered Agent, Amarillo Corporate Services, LLC, 500 S. Taylor,

Suite 1100, LB 219, Amarillo, Texas 79101.

5. Defendant, PM MANAGEMENT – CEDAR PARK NC, LLC is a Texas limited

liability company with its principal place of business located at 600 North Pearl Street, Suite 1100,

Dallas, Texas 75201. Defendant owned, operated, managed, and/or controlled Cottonwood Creek

Nursing and Rehabilitation Center during the time that Plaintiff was an employee. This Defendant

may be served by serving its Registered Agent, Amarillo Corporate Services, LLC, 500 S. Taylor,

Suite 1100, LB 219, Amarillo, Texas 79101.

6. At all times relevant to this case, Defendants acted as Plaintiff’s employer or joint

employer.

III.

JURISDICTION AND VENUE

7. The Court has subject matter jurisdiction because this action arises under Title I of

the Americans with Disabilities Act.

Case 1:18-cv-00739 Document 1 Filed 08/29/18 Page 2 of 9Case 18-33967-bjh11 Doc 1908-1 Filed 09/18/19 Entered 09/18/19 13:20:13 Page 2 of 9


8. Each of the above-named Defendants is an employer within the meaning of Title I

of the Americans with Disabilities Act because they employ fifteen or more employees for each

working day in each of twenty or more calendar weeks.

9. Venue is proper within the Western District of Texas, Austin Division, pursuant to

28 U.S.C. § 1391 because Plaintiff’s claims arose within the judicial district of this Court.

IV.

EXHAUSTION OF ADMINISTRATIVE PROCEDURES AND TIMELINESS

10. All conditions precedent to jurisdiction have occurred or been complied with.

11. Plaintiff has a right to file a civil action in the appropriate District Court because:

a. Plaintiff filed a Charge of Discrimination with the Texas Workforce

Commission, Civil Rights Division and the U.S. Equal Employment Opportunity

Commission on or about August 4, 2017, alleging disability discrimination.

b. Plaintiff timely filed her Charge of Discrimination with the U.S. Equal

Employment Opportunity Commission within 300-days of the adverse employment

action.

c. Plaintiff’s Charge of Discrimination contained alleged violations under the

Americans with Disabilities Act.

d. Plaintiff received a right to sue letter from the EEOC on June 1, 2018 and

filed this suit within ninety days therefrom.

12. Plaintiff has exhausted all her administrative remedies and fully cooperated with

all investigative requests.



V.

FACTS

13. On approximately May 5, 2005, Plaintiff began her employment with Defendants

as a Certified Nursing Assistant. After approximately seven years of stellar employment with

Defendants, she was promoted to Assistant Director of Nursing (hereinafter “ADON”) of

Defendants’ Cottonwood Creek Nursing and Rehabilitation Center (hereinafter “Cottonwood

Creek”) location in Cedar Park, Texas.

14. Plaintiff served as a Sergeant in the United States Army from approximately May

2008 through February 2016. In approximately 2015, prior to Plaintiff’s honorable discharge from

the United States Army, she was diagnosed with Post-Traumatic Stress Disorder (“PTSD”),

Insomnia, and Generalized Anxiety Disorder.

15. After Plaintiff was diagnosed with PTSD, she informed Ned Velasco, the

Administrator of Cottonwood Creek at the time, and he granted Plaintiff a reasonable

accommodation to work a different than normal schedule (approximately 10:00 a.m. to 8:00 p.m.)

due to her disabilities. At the time, Velasco also discussed Plaintiff’s disabilities and request for

accommodation with his Regional Vice President, who also agreed to the accommodation for

Plaintiff.

16. On approximately March 6, 2017, Jacob Leblanc became the Interim Administrator

of Cottonwood Creek. That same day, Leblanc met with Plaintiff to discuss her work schedule

and the work schedule of the other ADON. Plaintiff explained to Leblanc that her work schedule

started later in the day (around 10:00 a.m. versus 6:00 or 7:00 a.m. for the other ADON) due to

her disabilities, and that Velasco had approved this schedule as an accommodation.

17. Approximately one week after Plaintiff’s initial meeting with Leblanc, he told

Plaintiff that “it would be awesome” if he could get Plaintiff to work earlier for the morning



meetings. Plaintiff responded by telling Leblanc that she suffers from PTSD as a result of an

incident while on duty in the United States Army, and that she has difficulty leaving the house

during certain morning hours. Leblanc responded by telling Plaintiff that he was aware that there

were “special schedules” when he came to Cottonwood Creek, but that he would be making

adjustments to the schedules moving forward.

18. On approximately March 20, 2017, Leblanc came into Plaintiff’s office with an

employee in-service document related to new “mandatory” schedules for all nurse managers. The

new schedule set the work week for Monday through Friday from 8:00 or 8:30 a.m. until 5:00 or

5:30 p.m. without exceptions. The document also stated that any failure to comply with this new

schedule would result in disciplinary action. Plaintiff asked Leblanc if she had to be in the office

“no matter what.” Leblanc responded to Plaintiff by telling her that he understood her “situation”

(in reference to her disabilities and previous accommodation) but stated that the new schedule

made it clear that he was not playing favorites with any employee. Based on Leblanc’s directive,

Plaintiff signed the document believing she had no other choice.

19. On approximately March 22, 2018, Plaintiff was called into Leblanc’s office with

Karin McQuade (Regional HR) and questioned about coming into work the previous Saturday to

work for 6 hours. McQuade told Plaintiff that she was there to terminate her employment. Plaintiff

explained to McQuade that Leblanc knew that she was coming into work that day, but Leblanc

denied having knowledge of this. McQuade then accused Plaintiff of lying and demanded that

Plaintiff turn over her keys and name badge. Plaintiff was then escorted out by Leblanc.

20. Plaintiff was fired after approximately eleven (11) years of employment with

Defendants. Plaintiff had no disciplinary actions or warnings prior to her termination.



21. On approximately August 4, 2017, as a result of these discriminatory practices,

Plaintiff filed a Charge of Discrimination with the Texas Workforce Commission, Civil Rights

Division and the Equal Employment Opportunity Commission.

VI.

CAUSES OF ACTION

COUNT I – Denial of Reasonable Accommodation and Discrimination on the

Basis of Disability in violation of the ADA

22. Plaintiff incorporates the preceding paragraphs by reference.

23. The aforementioned conduct by Defendants constitutes violations of the Americans

with Disabilities Act. See 42 U.S.C § 12101 et seq. Specifically, Defendants have discriminated

against Plaintiff because of her disabilities in violation of Under 42 U.S.C. §12112, which makes

it unlawful for an employer to discriminate against any individual with respect to her employment

because of that individual’s disability or because the employer regards the individual as a person

with a disability.

24. Each of the above-named Defendants is an employer within the meaning of Title I

of the Americans with Disabilities Act because they employed fifteen or more employees for each

working day in each of twenty or more calendar weeks during the year in which Plaintiff was

terminated, or in the preceding calendar year.

25. Plaintiff was qualified for and could perform the essential functions of her job at

the time of her termination, with reasonable accommodations. Plaintiff is a qualified individual

with a disability, is a qualified individual with a record of a disability and was regarded by the

Defendants as a person with a disability.

26. Plaintiff was terminated as a direct result of her disabilities, her record of having a

disability, and/or because Defendants regarded Plaintiff as a person with a disability.



27. Defendants violated the Americans with Disabilities Act by intentionally refusing

to accommodate Plaintiff’s disability and by discriminating against Plaintiff because of her

disability by terminating her employment. Plaintiff’s disability and/or being regarded as disabled

was a determining or motivating factor in Defendants’ decision to terminate Plaintiff’s

employment. Plaintiff’s disability and/or Defendants’ perception of Plaintiff as a person with a

disability moved Defendants toward the decision or was a factor that played a part in Defendants’

employment decisions as to Plaintiff.

VII.

DAMAGES

28. As a proximate result of Defendants’ improper and illegal actions, Plaintiff is

entitled to recover declaratory and injunctive relief, and compensatory and exemplary damages.

29. Plaintiff seeks prospective and/or injunctive relief against Defendants to prevent

disability discrimination and/or future violations of civil rights by Defendants’ employees.

30. Furthermore, Plaintiff has sustained and seeks the following damages as a result of

the actions and/or omissions of Defendants described herein above:

a. Back pay in an amount the Court deems equitable and just to make Plaintiff

whole;

b. Reinstatement to her position and restoration of benefits or front pay in an

amount the Court deems equitable and just to make Plaintiff whole;

c. Loss of enjoyment of life;

d. Mental anguish in the past and future;

e. Injury to professional standing;

f. Injury to character and reputation;

g. Loss of earning capacity in the past and future;



h. Punitive damages based on Defendants’ malice and/or reckless indifference

to the rights of Plaintiff;

i. Prejudgment and post-judgment interest as allowed by law;

j. All reasonable and necessary costs incurred in pursuit of this suit;

k. Expert fees as the Court deems appropriate;

l. All reasonable and necessary attorney’s fees incurred by or on behalf of

Plaintiff; and

m. All other damages to which Plaintiff may be reasonably hereby entitled.

VIII.

JURY DEMAND

31. Plaintiff hereby requests a trial by jury.

IX.

PRAYER FOR RELIEF

WHEREFORE, premises considered, Plaintiff requests that Defendants be cited to appear

and answer herein, and that on final trial of the Court award the Plaintiff the following relief:

1. Issue a declaratory judgment that Defendant’s acts, policies, practices, and

procedures, complained of herein, violated Plaintiff’s rights under the Americans with Disabilities

Act;

2. Issue a permanent injunction restraining Defendant from violating these rights;

3. Declare that the acts and practices complained of are in violation of law;

4. Reinstate Plaintiff to her position and/or award Plaintiff front pay;

5. Award Plaintiff damages for Plaintiff’s past and future mental anguish, loss of

income, loss of earning capacity, and other losses specifically stated hereinabove;



6. Award Plaintiff prejudgment and post-judgment interest at the maximum rate

allowed by law on all back pay and benefits, compensatory damages, exemplary damages,

liquidated damages, and attorney’s fees and costs awarded; and

7. Award Plaintiff such further and additional relief to which she may be entitled.

Respectfully submitted,

HOWARD & KOBELAN

100 Congress, Suite 1720

Austin, Texas 78701

(512) 480-9300

(512) 480-9374

/s/ Logan Howard__________________

Logan Howard

State Bar No. 24069952

Attorneys for Plaintiff


9/12/2019 Centralized CM/ECF LIVE - U.S. District Court:txwd

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?933202917057256-L_1_0-1 1/4

STAYED

U.S. District Court [LIVE]Western District of Texas (Austin)

CIVIL DOCKET FOR CASE #: 1:18-cv-00739-RP

Hardy v. Senior Care Centers, LLC, et alAssigned to: Judge Robert PitmanCause: 42:12101 Americans with Disabilities Act of 1990

Date Filed: 08/29/2018Jury Demand: PlaintiffNature of Suit: 445 Civil Rights: Americans withDisabilities - EmploymentJurisdiction: Federal Question

PlaintiffLoretta Hardy represented by Logan E. Howard

Howard & Kobelan 100 Congress Ave - Ste 1720 Austin, TX 78701 (512) 480-9300Fax: 512-480-9374Email: [email protected] TO BE NOTICED

V.DefendantSenior Care Centers, LLC doing business asCottonwood Creek Nursing and Rehabilitation Center

represented by Darren Glenn Gibson Littler Mendelson PC 100 Congress Ave., Suite 1400 Austin, TX 78701 512-782-7250Fax: 512-782-7248Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Nicole Susanne LeFave Littler Mendelson, P.C. 100 Congress Avenue

EXHIBIT B




Ste 1400 Austin, TX 78701 United Sta 512-982-7261 Fax: 512-982-7248 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

DefendantSenior Care Center Management, LLC represented by Darren Glenn Gibson

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicole Susanne LeFave (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

DefendantPM Management - Cedar Park NC, LLC represented by Darren Glenn Gibson

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicole Susanne LeFave (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/29/2018 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-11177488), filed by Loretta Hardy. (Attachments: # 1 Civil Cover Sheet)(Howard, Logan) (Entered: 08/29/2018)

08/29/2018 2 REQUEST FOR ISSUANCE OF SUMMONS by Loretta Hardy. (Howard, Logan) (Entered: 08/29/2018)

08/29/2018 Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASENUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU


https://ecf.txwd.uscourts.gov/doc1/181020766863





FILE IN THIS CASE. (afd) (Entered: 08/30/2018)

08/29/2018 DEMAND for Trial by Jury by Loretta Hardy. (afd) (Entered: 08/30/2018)

08/30/2018 3 Summons Issued as to PM Management - Cedar Park NC, LLC, Senior Care Center Management, LLC, Senior Care Centers,LLC. (afd) (Entered: 08/30/2018)

09/18/2018 4 Defendants' Original ANSWER to 1 Complaint and Affirmative Defenses. Attorney Darren Glenn Gibson added to party PMManagement - Cedar Park NC, LLC(pty:dft), Attorney Darren Glenn Gibson added to party Senior Care Center Management,LLC(pty:dft), Attorney Darren Glenn Gibson added to party Senior Care Centers, LLC(pty:dft) by PM Management - CedarPark NC, LLC, Senior Care Center Management, LLC, Senior Care Centers, LLC.(Gibson, Darren) (Entered: 09/18/2018)

10/09/2018 5 STATUS REPORT Joint Report on Initial Scheduling Conference and Rule 26(f) Discovery Plan by PM Management - CedarPark NC, LLC, Senior Care Center Management, LLC, Senior Care Centers, LLC. (LeFave, Nicole) (Entered: 10/09/2018)

10/09/2018 6 Proposed Scheduling Order Joint by PM Management - Cedar Park NC, LLC, Senior Care Center Management, LLC, SeniorCare Centers, LLC. (LeFave, Nicole) (Entered: 10/09/2018)

10/09/2018 7 Joint MOTION for Protective Order by PM Management - Cedar Park NC, LLC, Senior Care Center Management, LLC,Senior Care Centers, LLC. (Attachments: # 1 Exhibit Confidentiality & Protective Order, # 2 Proposed Order)(LeFave, Nicole)(Entered: 10/09/2018)

10/10/2018 8 ORDER SETTING Initial Pretrial Conference by phone for 10/22/2018 at 10:10 AM before Judge Robert Pitman. Signed byJudge Robert Pitman. (lt) (Entered: 10/10/2018)

10/16/2018 9 ORDER SETTING Initial Pretrial Conference by phone for 10/22/2018 at 09:00 AM before Judge Robert Pitman. Signed byJudge Robert Pitman. (lt) (Entered: 10/16/2018)

10/22/2018 10 Minute Entry for proceedings held before Judge Robert Pitman: Initial Pretrial Conference held by telephone on 10/22/2018.Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Pamela Andasola.)(lt)(Entered: 10/22/2018)

10/22/2018 11 SCHEDULING ORDER: ADR Report Deadline due by 12/3/2018, Motions to Amend Pleadings or Join Parties due by1/18/2019, Discovery due by 9/13/2019, Dispositive Motions due by 10/18/2019, Jury Trial set for 2/3/2020 at 09:00 AMbefore Judge Robert Pitman, final pretrial conference to be set at a later date. Signed by Judge Robert Pitman. (lt) (Entered:10/22/2018)

10/23/2018 12 CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Robert Pitman. (lt) (Entered: 10/23/2018)

11/15/2018 13 CONSENT to Trial by US Magistrate Judge by Loretta Hardy. (Howard, Logan) (Entered: 11/15/2018)

11/16/2018 14 NON-CONSENT to Trial by US Magistrate Judge by PM Management - Cedar Park NC, LLC, Senior Care CenterManagement, LLC, Senior Care Centers, LLC. (Gibson, Darren) (Entered: 11/16/2018)

12/03/2018 15 ADR Report Filed - Joint Report on Alternative Dispute Resolution by PM Management - Cedar Park NC, LLC, Senior CareCenter Management, LLC, Senior Care Centers, LLC(Gibson, Darren) (Entered: 12/03/2018)




















12/06/2018 16 SUGGESTION OF BANKRUPTCY as to PM Management - Cedar Park NC, LLC, Senior Care Center Management, LLC,Senior Care Centers, LLC . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Gibson, Darren)(Entered: 12/06/2018)

12/10/2018 17 ORDER STAYING CASE pursuant to 11 U.S.C. § 362. FURTHER ORDER that Defendants file status reports with this Courton a quarterly basis detailing the status of the bankruptcy action, with the first report being due on 3/10/2019. ORDER for theparties to notify this Court immediately should the bankruptcy action be terminated. Signed by Judge Robert Pitman. (lt)(Entered: 12/10/2018)

03/08/2019 18 STATUS REPORT Defendants' Bankruptcy Status Report by PM Management - Cedar Park NC, LLC, Senior Care CenterManagement, LLC, Senior Care Centers, LLC. (Gibson, Darren) (Entered: 03/08/2019)

06/10/2019 19 STATUS REPORT Defendants' Bankruptcy Status Report by PM Management - Cedar Park NC, LLC, Senior Care CenterManagement, LLC, Senior Care Centers, LLC. (Gibson, Darren) (Entered: 06/10/2019)

09/11/2019 20 STATUS REPORT by PM Management - Cedar Park NC, LLC, Senior Care Center Management, LLC, Senior Care Centers,LLC. (Gibson, Darren) (Entered: 09/11/2019)

PACER Service CenterTransaction Receipt

09/12/2019 21:47:42

PACERLogin: hsplegal2015:3289278:0 Client Code: 4457.0000

Description: Docket Report SearchCriteria:

1:18-cv-00739-RP

BillablePages: 3 Cost: 0.30










IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – X

In re

Senior Care Centers LLC, et al.

Debtor-in-Possession.

:

:

:

Chapter 11

Case No. 18-33967-bjh

(Jointly administered)

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – X

ORDER GRANTING MOTION OF LORETTA HARDY FOR RELIEF FROM THE AUTOMATIC STAY AND WAIVER OF 14 DAY STAY

Came on to be considered the Motion of Loretta Hardy, a creditor of the above-captioned Debtor ("Movant"). The Court, having reviewed the Motion grants it. It is therefore

ORDERED that the automatic stay of 11 U.S.C. § 362 is hereby modified so that that the Movant may take any and all action necessary to pursue her causes of action in her pending lawsuit against the Debtor, Cause No.18-cv-739, Hardy v. Senior Care Centers, LLC, in the United States District Court for the Western District of Texas, up to and including entry of judgment and any necessary post-judgment motions except for execution of a judgment against the Debtor. It is

FURTHER ORDERED that should the Movant receive judgment against the Debtor, she may seek satisfaction only to the extent paid by the Debtor’s insurer or another third party. For any amount sought against the Debtor over and above amounts paid by insurance or other third party, the Movant may amend her proof of claim. It is


FURTHER ORDERED that this Court’s order of August 19, 2019, approving certain claims resolutions procedures (Doc#1757) is not applicable to the Movant’s claims. It is

FURTHER ORDERED that the 14-day stay of Bankruptcy Rule 4001(a)(3) is waived and that this order is effective upon entry.

###

Submitted by, HAJJAR PETERS LLP /s/ Ron Satija . Charlie Shelton Ron Satija 3144 Bee Caves Rd Austin, TX 78746 (512) 637-4956/Fax (512) 637-4958 [email protected] [email protected] Counsel to Loretta Hardy


mailto:[email protected]

in the united states bankruptcy court for the ......western district of texas (“district court...

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