Case: Cummings v. Premier Rehab, P.L.L.C.

U.S. Court of Appeals for the Fifth Circuit

Supreme Court of the United States

COMPLAINT WITH JURY DEMAND against Premier Rehab, P.L.L.C. filed by Jane Cummings. (Filing fee $400; Receipt number 0539-9367166) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Mahan, Grace) (Entered: 08/07/2018)

1 Cover Sheet

View on PACER

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jane Cummings. (Mahan, Grace) (Entered: 08/07/2018)

New Case Notes: A filing fee has been paid. File to Judge McBryde. 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. (bdb) (Entered: 08/08/2018)

Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 8/7/2018) (bdb) (Entered: 08/08/2018)

Summons Issued as to Premier Rehab, P.L.L.C. (bdb) (Entered: 08/08/2018)

Judge McBryde's paper original and copy of 2 Cert. Of Interested Persons/Disclosure Statement, 1 Complaint received pursuant to standing order. (Attachments: # 1 COIP) (bdb) (Entered: 08/09/2018)

NOTICE of Attorney Appearance by Andrew Rozynski on behalf of Jane Cummings. (bdb) (Entered: 09/20/2018)

MOTION to Withdraw as Attorney filed by Jane Cummings. (bdb) (Entered: 09/24/2018)

ORDER: The court ORDERS that Mahan's 8 motion to withdraw be, and is hereby, granted; that Mahan be, and is hereby, withdrawn as counsel for plaintiff; and that plaintiff continue to be represented by Andrew Rozynski. The court further ORDERS that by October 5, 2018, plaintiff file an appropriate designation of local counsel pursuant to Local Civil Rule LR 83.10 of the Rules of this court. (Ordered by Judge John McBryde on 9/24/2018) (tln) (Entered: 09/24/2018)

NOTICE OF APPEARANCE OF LOCAL COUNSEL by Thomas S Brandon, Jr on behalf of Jane Cummings. (tln) (Entered: 10/04/2018)

AMENDED COMPLAINT WITH JURY DEMAND against Premier Rehab Keller, P.L.L.C. filed by Jane Cummings. 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: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (tln) (Entered: 10/25/2018)

Summons Issued as to Premier Rehab Keller, P.L.L.C. (tln) (Entered: 10/25/2018)

SUMMONS Returned Executed as to Premier Rehab Keller, P.L.L.C.; served on 10/26/2018. (tln) (Entered: 10/29/2018)

MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (DOCKET NO. 11 ) FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT filed by Premier Rehab Keller, P.L.L.C. (tln) (Entered: 11/16/2018)

RESPONSE and Brief in Opposition filed by Jane Cummings re: 14 Motion to Dismiss. (tln) (Entered: 12/06/2018)

MEMORANDUM OPINION and ORDER: The court ORDERS that Premier's 14 motion to dismiss be, and is hereby, granted, and Cummings's claims in the above-captioned action be, and are hereby, dismissed. (Ordered by Senior Judge John McBryde on 1/16/2019) (bdb) (Entered: 01/16/2019)

FINAL JUDGMENT: The court ORDERS, ADJUDGES, and DECREES that the claims of plaintiff, Jane Cummings, against defendant, Premier Rehab Keller, P.L.L.C. d/b/a/ Premier Rehab, P.L.L.C., be, and are hereby, dismissed with prejudice. (Ordered by Senior Judge John McBryde on 1/16/2019) (bdb) (Entered: 01/16/2019)

NOTICE OF APPEAL as to 17 Judgment, 16 Memorandum Opinion and Order, to the Fifth Circuit by Jane Cummings. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (tle) (Entered: 02/06/2019)

ADI Receipt Entry

Confirmation of receipt of payment from Whitaker Chalk Swindle in the amount of $505.00. Transaction posted on 2/12/2019. Receipt number FW032171 processed by em. (ali) Lifted restriction on 2/13/2019 (ali).

USCA Case Number

USCA Case Number 19-10169 in United States Court of Appeals Fifth Circuit for 18 Notice of Appeal, filed by Jane Cummings. (tle)

Appeal Record Certified/Transmitted

Record on Appeal for USCA5 19-10169 (related to 18 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)

Notice (Other)

APPEARANCE FORM FILED at USCA5 by Attorney Brian Scott Bradley for Appellee Premier Rehab Keller, P.L.L.C. in 19-10169. Access to the EROA has been granted. (tle)

Record on Appeal for USCA5 19-10169 (related to 18 appeal): Record consisting of: 1 Volume(s) ECF electronic record on appeal (eROA), transmitted to USCA5. Shipped: Fed-Ex Tracking No.7755026238250 (tle) (Entered: 06/18/2019)

ORDER of USCA No. 19-10169 as to 18 Notice of Appeal, filed by Jane Cummings. IT IS ORDERED that the unopposed motion of Council of Parent Attorneys and Advocates, Incorporated, National Center for Youth Law, and Texas State Conference of NAACP Branches for leave to file brief as amicus curiae is GRANTED. (tle) (Entered: 03/16/2020)

Received letter from United States Court of Appeals Fifth Circuit No. 19-10169. Enclosed is an order entered in this case. (tle) (Entered: 03/16/2020)

ORDER of USCA No. 19-10169 as to 18 Notice of Appeal, filed by Jane Cummings. IT IS ORDERED that the unopposed motion of Disability Rights Texas, AARP, AARP Foundation, Center for Public Representation, Disability Rights Louisiana, and National Disability Rights Network, for leave to file brief as amicus curiae is GRANTED. (tle) (Entered: 03/16/2020)

Received letter from United States Court of Appeals Fifth Circuit No. 19-10169. Enclosed is an order entered in this case. (tle) (Entered: 03/16/2020)

APPEARANCE FORM FILED at USCA5 by Attorney Jason Paul Steed for Amicus Curiae Texas State Conference of NAACP Branches in 19-10169, Attorney Jason Paul Steed for Amicus Curiae National Center for Youth Law in 19-10169, Attorney Jason Paul Steed for Amicus Curiae Council of Parent Attorneys and Advocates, Incorporated in 19-10169 Sufficient Brief deadline satisfied [19-10169]. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney Claudia Center for Amicus Curiae Bazelon Center for Mental Health Law in 19-10169, Attorney Claudia Center. Access to the electronic record has been granted. (tle)

JUDGMENT/MANDATE of USCA No. 19-10169 as to 18 Notice of Appeal, filed by Jane Cummings. It is ordered and adjudged that the judgment of the District Court is affirmed...IT IS FURTHER ORDERED that appellant pay to appellee the costs on appeal to be taxed by the Clerk of this Court. Issued as Mandate: 4/1/2020. (tle) (Entered: 04/01/2020)

Opinion of USCA No.19-10169 in accordance with USCA judgment re 18 Notice of Appeal, filed by Jane Cummings.We AFFIRM the district courts judgment. Because emotional distress damages are not available under the RA or the ACA, we AFFIRM the district courts dismissal of Cummingss claims. (tle) (Entered: 04/01/2020)

Received letter from United States Court of Appeals Fifth Circuit No. 19-10169. Enclosed is a copy of the judgment issued as the mandate and a copy of the court's opinion. Record/original papers/exhibits to be returned. (tle) (Entered: 04/01/2020)