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PRESTON v. TENET HEALTHSYSTEM MEMORIAL MED. CENTER

Nos. 07-30132, 07-30160 Summary Calendar.

485 F.3d 804 (2007)

Elmira PRESTON; Howard Preston; Rose Lefrance Preston; Sheryl Preston; Deborah Mazie; et al., Plaintiffs-Appellees, v. TENET HEALTHSYSTEM MEMORIAL MEDICAL CENTER, INC., doing business as Memorial Medical Center, Defendant-Appellee, v. LifeCare Hospital of New Orleans LLC, doing business as LifeCare Hospital; LifeCare Management Services, L.L.C., Defendants-Appellants. Cheryl Weems, Individually and on behalf of her deceased mother, Veola Mosby, and on behalf of all others similarly situated, Plaintiff-Appellee, v. Touro Infirmary, Defendant-Appellee, SHONO, Inc., doing business as Specialty Hospital of New Orleans, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 2007.

Attorney(s) appearing for the Case

Todd Robert Slack, Gauthier, Houghtaling & Williams, Metairie, LA, Tammie E. Holley, New Orleans, LA, Christopher James Bruno, Bruno & Bruno, Roderick Alvendia, New Orleans, LA, for Plaintiffs-Appellees in Docket No. 07-30132.

Sherman Vance Wittie, Wayne Brian Mason, Sedgwick, Detert, Moran & Arnold, Dallas, TX, Paul G. Preston, Scott Parker Yount, Pamela Joy Lormand, Darrin Louis Forte, The Preston Law Firm LLP, New Orleans, LA, for Lifecare Hosp. of New Orleans LLC and Lifecare Management Services LLC.

Kurt Stephen Blankenship, Blue Williams, Metairie, LA, for Tenet Healthsystem Memorial Medical Center, Inc.

Before DeMOSS, STEWART and PRADO, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Tenet Health Systems Memorial Medical Center d/b/a Memorial Medical Center ("Memorial") moved to remand this class action lawsuit to state court under the "local controversy" exception of the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. § 1332(d). The district court granted the motion to remand, and LifeCare Management Services, L.L.C., and LifeCare Hospitals of New Orleans, L...

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