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Photo of Kent Co

Court

Kent Co

Delaware

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Case Information

Filed 2025-05-07
Status NEW - NEW
Type C 2 Ccld: Complex Com Lit Division
Docket 119 entries

Parties

Plaintiff Donaldson, Shane|Phc Holdings, Llc
Defendant Pinnacle Acquisition Interme|Pinnacle Home Care Holdings, Llc
Photo of Hon. Winston Patricia A

Judge

Hon. Winston Patricia A

Kent County (DE)

Delaware

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Lawyers

Docket Entries

  1. ORDER
  2. INITIAL COMPLAINT
  3. WRIT ISSUED
  4. WRIT RETURN (GENERIC)
  5. AMENDED COMPLAINT FILED
  6. WRIT ISSUED
  7. WRIT RETURN (GENERIC)
  8. DEFAULT JUDGMENT
  9. ENTRY OF APPEARANCE FILED
  10. MOTION TO DISMISS
  11. NOTICE
  12. STIPULATION
  13. ORDER
  14. NOTICE OF SERVICE
  15. MOTION
  16. NOTICE
  17. STIPULATION
  18. MOTION FOR PRO HAC VICE
  19. ORDER
  20. ORDER - PRO HAC VICE
  21. MOTION FOR PRO HAC VICE
  22. MOTION FOR PRO HAC VICE
  23. ORDER - PRO HAC VICE
  24. ORDER - PRO HAC VICE
  25. STIPULATION
  26. ORDER
  27. NOTICE
  28. AMENDED COMPLAINT FILED
  29. WRIT ISSUED
  30. WRIT RETURN (GENERIC)
  31. AFFIDAVIT FILED
  32. MOTION TO DISMISS
  33. NOTICE
  34. MOTION FOR PRO HAC VICE
  35. MOTION FOR PRO HAC VICE
  36. MOTION FOR PRO HAC VICE
  37. ORDER - PRO HAC VICE
  38. ORDER - PRO HAC VICE
  39. ORDER - PRO HAC VICE
  40. STIPULATION
  41. ORDER
  42. ANSWERING BRIEF FILED
  43. NOTICE
  44. REPLY BRIEF FILED
  45. LETTER
  46. MOTION FOR PRO HAC VICE
  47. ENTRY OF APPEARANCE FILED
  48. ORDER - PRO HAC VICE
  49. JUDICIAL ACTION FORM
  50. ORDER
  51. STIPULATION
  52. ORDER DATE DOCKETED: JULY 25, 2025 SO ORDERED (STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND AMENDING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS) ACCEPTED BY: TG TRANSACTION ID: 76721388
  53. NOTICE
  54. NOTICE DATE DOCKETED: AUGUST 11, 2025 CASE REOPENED. THE DIRECTION FOR DEFAULT JUDGMENT, THAT WAS FILED ON JULY 1, 2025, WAS WITHDRAWN BY COUNSEL ON JULY 3, 2025.
  55. AMENDED COMPLAINT FILED
  56. AMENDED COMPLAINT FILED DATE DOCKETED: AUGUST 19, 2025 SECOND AMENDED COMPLAINT CIVIL CASE INFORMATION STATEMENT ALIAS SUMMONS ALIAS PRAECIPE EXHIBITS A-G TO SECOND AMENDED COMPLAINT BLACKLINE VERSION OF SECOND AMENDED COMPLAINT ACCEPTED BY: TG TRANSACTION ID: 76875417
  57. WRIT ISSUED
  58. WRIT(S) ISSUED ON DATE DOCKETED: AUGUST 29, 2025 (1) ONE WRIT ISSUED FOR NCC ON 8-28-25 CHK# 24585 $40.00 ACCEPTED BY: TG TRANSACTION ID: 76958743
  59. WRIT RETURN (GENERIC)
  60. WRIT RETURNED: DATE DOCKETED: SEPTEMBER 5, 2025 REGISTERED AGENT SERVED AS TO PINNACLE HOME CARE HOLDINGS, INC ON 09-02-2025 AT 12:30 ACCEPTED BY: TG TRANSACTION ID: 76978943
  61. AFFIDAVIT FILED
  62. AFFIDAVIT FILED DATE DOCKETED: SEPTEMBER 4, 2025 AFFIDAVIT OF ACCEPTANCE OF SERVICE OF SUMMONS AND SECOND AMENDED COMPLAINT EXHIBIT A TO AFFIDAVIT OF ACCEPTANCE OF SERVICE OF SUMMONS AND SECOND AMENDED COMPLAINT ACCEPTED BY: TG TRANSACTION ID: 76989899
  63. MOTION TO DISMISS
  64. MOTION TO DISMISS DATE DOCKETED: SEPTEMBER 16, 2025 DEFENDANTS, PINNACLE ACQUISITION INTERMEDIATE CO, LLC AND PINNACLE HOME CARE HOLDINGS, LLC'S MOTION TO DISMISS FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED NOTICE OF DEFENDANTS, PINNACLE ACQUISITION INTERMEDIATE CO, LLC AND PINNACLE HOME CARE HOLDINGS, LLC'S MOTION TO DISMISS DEFENDANTS, PINNACLE ACQUISITION INTERMEDIATE CO, LLC AND PINNACLE HOME CARE HOLDINGS, LLC'S OPENING BRIEF IN SUPPORT OF MOTION TO DISMISS PROPOSED ORDER GRANTING DEFENDANTS, PINNACLE ACQUISITION INTERMEDIATE CO, LLC AND PINNACLE HOME CARE HOLDINGS, LLC'S MOTION TO DISMISS ACCEPTED BY: TG TRANSACTION ID: 77080059
  65. NOTICE
  66. NOTICE DATE DOCKETED: SEPTEMBER 20, 2025 NOTICE OF WITHDRAWAL OF APPEARANCE OF SAMUEL D. CORDLE, ESQ. AS COUNSEL OF RECORD FOR PLAINTIFFS, WITH CERTIFICATE OF SERVICE ACCEPTED BY: AK TRANSACTION ID: 77114613
  67. MOTION FOR PRO HAC VICE
  68. MOTION FOR PRO HAC VICE DATE DOCKETED: SEPTEMBER 30, 2025 MOTION FOR ADMISSION PRO HAC VICE OF DAVE L. LUIKART, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC, WITH CERTIFICATE OF SERVICE NOTICE OF MOTION FOR ADMISSION PRO HAC VICE OF DAVE L. LUIKART, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC, TO BE BE PRESENTED TO THE HONORABLE PATRICIA A. WINSTON AT THE CONVENIENCE OF THE COURT AND COUNSEL CERTIFICATION OF DAVE L. LUIKART, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC LUIKART, DAVE L.: [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF DAVE L. LUIKART, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC ACCEPTED BY: TG TRANSACTION ID: 77186541
  69. MOTION FOR PRO HAC VICE
  70. MOTION FOR PRO HAC VICE DATE DOCKETED: SEPTEMBER 30, 2025 MOTION FOR ADMISSION PRO HAC VICE OF RYAN J. LEUTHAUSER, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC, WITH CERTIFICATE OF SERVICE NOTICE OF MOTION FOR ADMISSION PRO HAC VICE OF RYAN J. LEUTHAUSER, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC, TO BE PRESENTED TO THE HONORABLE PATRICIA A. WINSTON AT THE CONVENIENCE OF THE COURT AND COUNSEL CERTIFICATION OF RYAN J. LEUTHAUSER, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC LEUTHAUSER, RYAN J.: [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF RYAN J. LEUTHAUSER, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC ACCEPTED BY: TG TRANSACTION ID: 77186544
  71. MOTION FOR PRO HAC VICE
  72. MOTION FOR PRO HAC VICE DATE DOCKETED: SEPTEMBER 30, 2025 MOTION FOR ADMISSION PRO HAC VICE OF TORI C. SIMMONS, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC, WITH CERTIFICATE OF SERVICE NOTICE OF MOTION FOR ADMISSION PRO HAC VICE OF TORI C. SIMMONS, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC, TO BE PRESENTED TO THE HONORABLE PATRICIA A. WINSTON AT THE CONVENIENCE OF THE COURT AND COUNSEL CERTIFICATION OF TORI C. SIMMONS, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC SIMMONS, TORI C.: [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF TORI C. SIMMONS, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC ACCEPTED BY: TG TRANSACTION ID: 77186549
  73. ORDER - PRO HAC VICE
  74. ORDER - PRO HAC VICE DATE DOCKETED: OCTOBER 1, 2025 ORDER SIGNED BY: WINSTON, PATRICIA A SO ORDERED (LUIKART, DAVE L.: [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF DAVE L. LUIKART, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC) ACCEPTED BY: TG TRANSACTION ID: 77194757
  75. ORDER - PRO HAC VICE
  76. ORDER - PRO HAC VICE DATE DOCKETED: OCTOBER 1, 2025 ORDER SIGNED BY: WINSTON, PATRICIA A SO ORDERED (LEUTHAUSER, RYAN J.: [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF RYAN J. LEUTHAUSER, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC) ACCEPTED BY: TG TRANSACTION ID: 77194775
  77. ORDER - PRO HAC VICE
  78. ORDER - PRO HAC VICE DATE DOCKETED: OCTOBER 1, 2025 ORDER SIGNED BY: WINSTON, PATRICIA A SO ORDERED (SIMMONS, TORI C.: [PROPOSED] ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF TORI C. SIMMONS, ESQ. OF HILL WARD HENDERSON, P.A., TO REPRESENT PLAINTIFFS SHANE DONALDSON AND PHC GROUP HOLDINGS, LLC) ACCEPTED BY: TG TRANSACTION ID: 77194789
  79. STIPULATION
  80. STIPULATION DATE DOCKETED: OCTOBER 10, 2025 STIPULATION AND [PROPOSED] ORDER GOVERNING BRIEFING ON DEFENDANTS' MOTION TO DISMISS ACCEPTED BY: TG TRANSACTION ID: 77250183
  81. ORDER
  82. ORDER DATE DOCKETED: OCTOBER 10, 2025 SO ORDERED (STIPULATION AND [PROPOSED] ORDER GOVERNING BRIEFING ON DEFENDANTS' MOTION TO DISMISS) ACCEPTED BY: TG TRANSACTION ID: 77270630
  83. ANSWERING BRIEF FILED
  84. ANSWERING BRIEF FILED DATE DOCKETED: NOVEMBER 4, 2025 PLAINTIFFS' ANSWERING BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT CERTIFICATE OF COMPLIANCE RE: PLAINTIFFS' ANSWERING BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT EXHIBIT A TO PLAINTIFFS' ANSWERING BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT [PROPOSED] ORDER DENYING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT LETTER TO THE HONORABLE PATRICIA A. WINSTON FROM JOHN M. SEAMAN, ESQ. ENCLOSING COURTESY COPIES OF (I) PLAINTIFFS ANSWERING BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND (II) THE [PROPOSED] ORDER DENYING DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT CERTIFICATE OF SERVICE TO (I) PLAINTIFFS ANSWERING BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND (II) THE [PROPOSED] ORDER DENYING DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT ACCEPTED BY: TG TRANSACTION ID: 77500828
  85. NOTICE
  86. NOTICE DATE DOCKETED: NOVEMBER 4, 2025 NOTICE OF VOLUNTARY DISMISSAL OF COUNTS I-III OF PLAINTIFFS SECOND AMENDED COMPLAINT, WITH CERTIFICATE OF SERVICE ACCEPTED BY: TG TRANSACTION ID: 77502323
  87. REPLY BRIEF FILED
  88. REPLY BRIEF FILED DATE DOCKETED: DECEMBER 3, 2025 DEFENDANTS, PINNACLE ACQUISITION INTERMEDIATE CO, LLC AND PINNACLE HOME CARE HOLDINGS, LLC'S REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT CERTIFICATE OF SERVICE OF DEFENDANTS, PINNACLE ACQUISITION INTERMEDIATE CO, LLC AND PINNACLE HOME CARE HOLDINGS, LLC'S REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT ACCEPTED BY: RB TRANSACTION ID: 77891515
  89. LETTER
  90. LETTER DATE DOCKETED: DECEMBER 30, 2025 ORDER SIGNED BY: WINSTON, PATRICIA A LETTER FROM THE CHAMBERS TO COUNSEL ON DECEMBER 24, 2025 STATING THE ORAL ARGUMENT FOR DEFENDANTS, PINNACLE ACQUISITION INTERMEDIATE CO, LLC, AND PINNACLE HOME CARE HOLDINGS, LLCS MOTION TO DISMISS FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED IS SCHEDULED TO BE HEARD ON MARCH 4, 2026, AT 2:00 P.M. VIA ZOOM. ACCEPTED BY: TG TRANSACTION ID: 78071398

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