Peterson et al v. Silverado Senior Living, Inc.

Federal Civil Lawsuit Texas Southern District Court, Case No. 4:17-cv-00051
District Judge Alfred H. Bennett, presiding
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District Judge Alfred H. Bennett
Last Updated July 29, 2025 at 10:17 PM EDT (9.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [28B6B10], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald T. Cheatham +1 703 739 0550 +1 512 494 1213 cheathamlaw@aol.com
No Logo Anonymized Party [8D9CA74], Plaintiff

Represented by Law Offices of Donald T Cheatham

Name Phone Fax E-Mail
Space Donald T Cheatham +1 713 588 4355 +1 713 588 4356
No Logo Anonymized Party [BA84DE9], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald T. Cheatham +1 703 739 0550 +1 512 494 1213 cheathamlaw@aol.com
No Logo Don Peterson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Donald T. Cheatham +1 703 739 0550 +1 512 494 1213 cheathamlaw@aol.com
No Logo Lonny Peterson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Donald T. Cheatham +1 703 739 0550 +1 512 494 1213 cheathamlaw@aol.com
No Logo Mackey Peterson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Donald T. Cheatham +1 703 739 0550 +1 512 494 1213 cheathamlaw@aol.com
v.
No Logo Silverado Senior Living, Inc., Defendant

Represented by Josephson Dunlap Law Firm

Name Phone Fax E-Mail
Space Julianne C Lomax jlomax@mybackwages.com

Represented by Lewis, Brisbois, Bisgaard & Smith, LLP

Name Phone Fax E-Mail
Space Sean M Higgins sean.higgins@lewisbrisbois.com

Represented by Moore Landrey

Name Phone Fax E-Mail
Space Pannal Alan Sanders paslaw@moorelandrey.com
Other Parties
No Logo Anonymized Party [20D96A2], Interested party
No Logo Anonymized Party [C98F5D5], Interested party
No Logo Carol Ann Manley, Interested Party
No Logo David Troy Peterson, Interested Party
No Logo Doe, Inc., Interested Party
No Logo Jane Doe, Interested Party
No Logo John Doe, Interested Party
No Logo The Estate of Ruby S. Peterson, Interested Party
Attributes
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Wrongful Death
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 39 Filed: 11/26/2019, Entered: 11/26/2019
Order of USCA - PER CURIAM - re: 35 Notice of Appeal, ; USCA No. 19-20072. We affirm the district court's order in full, filed.(JenniferLongoria, 1)
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Legal Document (Payment Possibly Required) 38 Filed: 11/26/2019, Entered: 11/26/2019
Order of USCA - JUDGMENT - ; Judgment issued as mandate 11/26/2019 re: 35 Notice of Appeal, ; USCA No. 19-20072. The judgment of the District Court is affirmed, filed.(JenniferLongoria, 1)
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Blank  Filed: 5/1/2019, Entered: 5/1/2019
Electronic Access to Record on Appeal Provided re: 35 Notice of Appeal, to Sean Higgins. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 19-20072), filed. (rnieto, 1)
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Blank  Filed: 4/1/2019, Entered: 4/1/2019
Electronic Access to Record on Appeal Provided re: 35 Notice of Appeal, to Donald Thomas Cheatham. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 19-20072), filed. (rnieto, 1)
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Blank  Filed: 2/28/2019, Entered: 2/28/2019
*** Electronic access has not been assigned. Attorney of Record has not filed Notice of Appearance with the Fifth Circuit, filed. (rnieto, 1) Modified on 2/28/2019 (rnieto, 1).
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Blank  Filed: 2/28/2019, Entered: 2/28/2019
Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 35 Notice of Appeal. USCA No. 19-20072, filed. (rnieto, 1)
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Blank  Filed: 2/21/2019, Entered: 2/21/2019
*** Electronic ROA requested from Fifth Circuit. Electronic ROA due on 3-8-19, filed. (rnieto, 1)
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Legal Document (Payment Possibly Required) 37 Filed: 2/20/2019, Entered: 2/20/2019
DKT 13 - Transcript is unnecessary for appeal purposes, filed.(Cheatham, Donald) Modified on 2/21/2019 (rnieto, 1).
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Blank  Filed: 2/20/2019, Entered: 2/20/2019
REQUEST for Electronic Access to the Certified Record on Appeal re: 35 Notice of Appeal, by BA84DE90, filed.(Cheatham, Donald)
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Blank  Filed: 2/6/2019, Entered: 2/6/2019
Notice of Assignment of USCA No. 19-20072 re: 35 Notice of Appeal, filed.(mperez, 1)
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Blank  Filed: 1/29/2019, Entered: 1/29/2019
Appeal Review Notes re: 35 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid. Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(scastillo, 1)
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Legal Document (Payment Possibly Required) 36 Filed: 1/29/2019, Entered: 1/29/2019
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 35 Notice of Appeal, Fee status: Paid. Reporter(s): M. Malone, filed. (scastillo, 1)
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Legal Document (Payment Possibly Required) 35 Filed: 1/28/2019, Entered: 1/28/2019
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 34 Order on Motion to Dismiss for Failure to State a Claim by BA84DE90 (Filing fee $ 505, receipt number 0541-21743767), filed. (Attachments: # 1 Exhibit)(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 34 Filed: 1/3/2019, Entered: 1/4/2019 Court Filing
ORDER granting 25 Motion to Dismiss for Failure to State a Claim.(Signed by Judge Alfred H Bennett) Parties notified.(kpicota, 4)
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Legal Document (Payment Possibly Required) 33 Filed: 12/31/2018, Entered: 12/31/2018 Court Filing
SCHEDULING ORDER. Joint Pretrial Order due by 3/11/2019. Docket Call set for 3/15/2019 at 02:00 PM in Courtroom 8C before Judge Alfred H Bennett Jury Trial set for 3/18/2019 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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Legal Document (Payment Possibly Required) 32 Filed: 12/21/2018, Entered: 12/27/2018 Court Filing
ORDER Granting 31 Motion for Continuance.(Signed by Judge Alfred H Bennett) Parties notified.(jguajardo, 4)
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Legal Document (Payment Possibly Required) 31 Filed: 12/14/2018, Entered: 12/14/2018
Joint MOTION for Continuance of Pretrial and Trial by Silverado Senior Living, Inc., filed. Motion Docket Date 1/4/2019. (Attachments: # 1 Proposed Order)(Higgins, Sean)
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Legal Document (Payment Possibly Required) 30 Filed: 10/11/2018, Entered: 10/11/2018 Court Filing
NOTICE of Resetting. Parties notified. Docket Call set for 1/4/2019 at 03:30 PM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4)
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Legal Document (Payment Possibly Required) 29 Filed: 8/6/2018, Entered: 8/7/2018 Court Filing
Order. The court hereby amends the scheduling order entered May 19, 2017, (doc. 13 ). Joint Pretrial Order due by 1/7/2019. Docket Call set for 1/11/2019 at 02:30 PM in Courtroom 8C before Judge Alfred H Bennett Jury Trial set for 1/14/2019 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(kpicota, 4)
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Legal Document (Payment Possibly Required) 28 Filed: 8/6/2018, Entered: 8/6/2018
REPLY to Response to 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Silverado Senior Living, Inc.. (Higgins, Sean)
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Legal Document (Payment Possibly Required) 27 Filed: 8/6/2018, Entered: 8/6/2018 Court Filing
AMENDED SCHEDULING ORDER. Joint Pretrial Order due by 1/7/2019. Docket Call set for 1/11/2019 at 02:30 PM in Courtroom 8C before Judge Alfred H Bennett Jury Trial set for 1/14/2019 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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Legal Document (Payment Possibly Required) 26 Filed: 7/30/2018, Entered: 7/30/2018
RESPONSE in Opposition to 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by BA84DE90. (Cheatham, Donald)
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Legal Document (Payment Possibly Required) 25 Filed: 7/11/2018, Entered: 7/11/2018
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Silverado Senior Living, Inc., filed. Motion Docket Date 8/1/2018. (Higgins, Sean)
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Legal Document (Payment Possibly Required) 24 Filed: 6/21/2018, Entered: 6/21/2018
First AMENDED COMPLAINT with Jury Demand against Silverado Senior Living, Inc. filed by BA84DE9. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 23 Filed: 5/31/2018, Entered: 5/31/2018 Court Filing
ORDER denying 20 Motion to Dismiss; granting 20 Motion for Definite Statement. Plaintiff must file an amended complaint within 21 days from the date of this Order. (Signed by Judge Alfred H Bennett) Parties notified.(gclair, 4)
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Legal Document (Payment Possibly Required) 22 Filed: 4/11/2018, Entered: 4/11/2018
REPLY to Response to 20 MOTION to Dismiss and Motion for Definite Statement, filed by Silverado Senior Living, Inc.. (Higgins, Sean)
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Legal Document (Payment Possibly Required) 21 Filed: 3/25/2018, Entered: 3/25/2018
First RESPONSE to 20 MOTION to Dismiss and Motion for Definite Statement filed by BA84DE90. (Cheatham, Donald)
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Legal Document (Payment Possibly Required) 20 Filed: 3/2/2018, Entered: 3/2/2018
MOTION to Dismiss and Motion for Definite Statement by Silverado Senior Living, Inc., filed. Motion Docket Date 3/23/2018. (Higgins, Sean)
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Legal Document (Payment Possibly Required) 19 Filed: 2/16/2018, Entered: 2/16/2018
NOTICE Amended Complaint re: 1 Complaint by BA84DE90, filed. (Attachments: # 1 Exhibit Deceased Power of Attorney, # 2 Exhibit 25 July 14 Atty Ltr, # 3 Exhibit 25 JUly 14 Atty Ltr, # 4 Exhibit Ms. Ochoa's Declaratiion, # 5 Exhibit Dr John Tennison Transcript, # 6 Exhibit Exhibit to Tennison Transcript, # 7 Exhibit Exhibit to Tennison Transcript, # 8 Exhibit Exhibit to Tennison Transcript, # 9 Exhibit Exhibit to Tennison Transcript, # 10 Exhibit Exhibit to Tennison Transcript, # 11 Exhibit to Tennison Transcript)(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 18 Filed: 2/14/2018, Entered: 2/14/2018
MOTION for Extension of Time To file Amended Complaaint by BA84DE90, filed. Motion Docket Date 3/7/2018. (Attachments: # 1 Proposed Order)(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 17 Filed: 1/30/2018, Entered: 1/30/2018 Court Filing
ORDER that Dft's 8 MOTION for Summary Judgment is GRANTED as to the Breach of Contract claim, but DENIED, without prejudice to Dft's ability to re-raise the issue at a later date, as to the res judicata issue. The Court HEREBY give notice to Pltfs of its intention to sua sponte dismiss Pltfs' wrongful death claim based on Pltfs' failure to plead a plausible claim for relief. Pltfs are HEREBY ORDERED to file, within 14 days from the date of this Order, 1) a 20 page memorandum with the Court detailing why such a dismissal would be inappropriate, or 2) an amended complaint establishing a factual basis for their wrongful death claim. If Pltfs fail to file one of these documents within the allotted timeframe, Pltfs' remaining claim will be automatically dismissed without further notice from this Court. ( Notice of Compliance due by 2/13/2018)(Signed by Judge Alfred H Bennett) Parties notified.(sanderson, 4)
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Legal Document (Payment Possibly Required) 16 Filed: 6/8/2017, Entered: 6/8/2017
REPLY to Response to 8 MOTION for Summary Judgment , filed by Silverado Senior Living, Inc.. (Sanders, P)
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Legal Document (Payment Possibly Required) 15 Filed: 6/5/2017, Entered: 6/5/2017
RESPONSE to 8 MOTION for Summary Judgment filed by BA84DE90. (Cheatham, Donald)
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Legal Document (Payment Possibly Required) 14 Filed: 5/19/2017, Entered: 5/19/2017 Court Filing
ORDER granting 12 Agreed MOTION for Extension of Time Respond In Opposition to Defendant Silverado's Motion for Summary Judgment. Response due by 6/5/2017.(Signed by Judge Alfred H Bennett) Parties notified.(olindor, 4)
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Legal Document (Payment Possibly Required) 13 Filed: 5/19/2017, Entered: 5/19/2017 Court Filing
SCHEDULING ORDER. Amended Pleadings due by 7/24/2017. Joinder of Parties due by 7/24/2017 Pltf Expert Report due by 1/30/2018. Deft Expert Report due by 3/16/2018. Discovery due by 4/30/2018. Dispositive Motion Filing due by 6/25/2018. Joint Pretrial Order due by 8/13/2018. Pretrial Order due by 8/6/2018. Docket Call set for 8/17/2018 at 1:30 PM in Courtroom 8C before Judge Alfred H Bennett. Trial set for 8/20/2018 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett.(Signed by Judge Alfred H Bennett) Parties notified.(ledwardsadi, 4)
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Blank  Filed: 5/19/2017, Entered: 5/19/2017
Minute Entry for proceedings held before Judge Alfred H Bennett. SCHEDULING CONFERENCE held on 5/19/2017. Scheduling dates entered, order to follow. Motion for Extension granted. Appearances: Donald CheathamP. Alan Sanders.(Court Reporter: M. Malone), filed.(ledwardsadi, 4)
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Legal Document (Payment Possibly Required) 12 Filed: 5/14/2017, Entered: 5/14/2017
Agreed MOTION for Extension of Time Respond In Opposition to Defendant Silverado's Motion for Summary Judgment by BA84DE90, filed. Motion Docket Date 6/5/2017. (Attachments: # 1 Proposed Order)(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 11 Filed: 5/14/2017, Entered: 5/14/2017
Amended CERTIFICATE OF INTERESTED PARTIES by BA84DE90, filed.(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 10 Filed: 5/11/2017, Entered: 5/11/2017
CERTIFICATE OF INTERESTED PARTIES by BA84DE90, filed.(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 9 Filed: 5/9/2017, Entered: 5/9/2017
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Silverado Senior Living, Inc., filed.(Sanders, P)
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Legal Document (Payment Possibly Required) 8 Filed: 4/28/2017, Entered: 4/28/2017
MOTION for Summary Judgment by Silverado Senior Living, Inc., filed. Motion Docket Date 5/19/2017. (Attachments: # 1 Proposed Order proposed order, # 2 Exhibit Tab 1 - 6, # 3 Exhibit Tab 7 - 13, # 4 Exhibit Tab 14 - 19, # 5 Exhibit Tab 20 - 26, # 6 Exhibit Tab 27 - 31, # 7 Exhibit Tab 32 - 42, # 8 Exhibit Tab 43, # 9 Exhibit Tab 44, # 10 Exhibit Tab 45, # 11 Exhibit Tab 46 - 57)(Sanders, P)
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Legal Document (Payment Possibly Required) 7 Filed: 4/20/2017, Entered: 4/20/2017 Court Filing
NOTICE of Resetting. Parties notified. Initial Conference set for 5/19/2017 at 09:30 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4)
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Legal Document (Payment Possibly Required) 6 Filed: 3/8/2017, Entered: 3/8/2017
CERTIFICATE OF INTERESTED PARTIES by Silverado Senior Living, Inc., filed.(Sanders, P)
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Legal Document (Payment Possibly Required) 5 Filed: 3/8/2017, Entered: 3/8/2017
NOTICE of Appearance by P. Alan Sanders on behalf of Silverado Senior Living, Inc., filed. (Sanders, P)
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Legal Document (Payment Possibly Required) 4 Filed: 3/6/2017, Entered: 3/6/2017
ANSWER to 1 Complaint by Silverado Senior Living, Inc., filed.(Lomax, Julianne)
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Blank  Filed: 1/30/2017, Entered: 1/30/2017
Summons Issued as to Silverado Senior Living, Inc.. Issued summons returned to plaintiff by: First-class mail, filed.(jdav, 4)
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Legal Document (Payment Possibly Required) 3 Filed: 1/25/2017, Entered: 1/25/2017
Request for Issuance of Summons as to Silverado Senior Living, Inc., filed.(Cheatham, Donald)
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Legal Document (Payment Possibly Required) 2 Filed: 1/10/2017, Entered: 1/10/2017 Court Filing
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/21/2017 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ckrus, 4)
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Legal Document (Payment Possibly Required) 1 Filed: 1/9/2017, Entered: 1/9/2017
COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-17748790) filed by 28B6B10DE9.(Cheatham, Donald)
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