Court filing
Notice of Appeal — Accordius Health at Asheville LLC v. United States Small Business Administration (Dkt. 57, W.D.N.C.)
Summary
A Notice of Appeal in Accordius Health at Asheville LLC v. United States Small Business Administration, et al., No. 1:23-cv-00129-MR, in the U.S. District Court for the Western District of North Carolina, filed May 20, 2025. Accordius Health at Asheville LLC and all plaintiffs in the consolidated actions appeal to the United States Court of Appeals for the Fourth Circuit, citing the consolidation Order dated December 20, 2023. The appeal is taken from the Final Judgment entered on April 8, 2025 and from adverse rulings in the case. A footnote states that there are 48 total plaintiffs and lists them, beginning with other Accordius Health entities, and the notice is signed by Kirk G. Warner.
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Filed May 20, 2025 in Accordius Health at Asheville LLC v. United States Small Business Administration; one of 14 filings from this case.
Record facts
| Court | U.S. District Court for the Western District of North Carolina |
|---|---|
| Filed | 2025-05-20 |
Cite this document
“Notice of Appeal — Accordius Health at Asheville LLC v. United States Small Business Administration (Dkt. 57, W.D.N.C.).”
U.S. District Court for the Western District of North Carolina, No. 1:23-cv-00129, Doc. 57, filed 2025-05-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-united-states-small-business-administration-ncwd-112035/2025-05-20-gov-uscourts-ncwd-112035-57-0-doc-57/
, SHA-256 cb9b82b3718fac2f11a50311d4293baa0555b7790a8d3b5188f78e04248062e7.Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
ACCORDIUS HEALTH AT ) No. 1:23-cv-00129-MR
ASHEVILLE LLC, )
)
Plaintiff, )
)
vs. )
UNITED STATES SMALL BUSINESS )
ADMINISTRATION, et al., )
)
Defendants. )
NOTICE OF APPEAL
Notice is hereby given that Plaintiff Accordius Health at Asheville LLC,
together with all Plaintiffs in the actions consolidated by this Court pursuant to its Order
dated December 20, 2023 (Dkt. 29) (collectively, “Plaintiffs”),1 hereby appeal to the
United States Court of Appeals for the Fourth Circuit from a Final Judgment (Dkt.
55), entered on April 8, 2025 (the “Judgment”); from any and all adverse rulings
1
There are 48 total Plaintiffs. In addition to Accordius Health at Asheville LLC, the other Plaintiffs filing this Notice
of Appeal are as follows: Accordius Health at Bay Pointe LLC; Accordius Health at Brevard LLC; Accordius Health
at Charlotte LLC; Accordius Health at Concord LLC; Accordius Health at Greensboro LLC; Accordius Health at
Hendersonville LLC; Accordius Health at Lynchburg LLC; Accordius Health at Midwood LLC; Accordius Health at
Monroe LLC; Accordius Health at Mooresville LLC; Accordius Health at River Pointe LLC; Accordius Health at
Rose Manor LLC; Accordius Health at Statesville LLC; Accordius Health at Wilkesboro LLC; Accordius Health at
Wilson LLC; Accordius Health at Winston Salem LLC; Anderson SC OPCO LLC; Carolina Pines at Asheville LLC;
Carolina Pines at Greensboro LLC; Countryside Rehabilitation LLC; Covington TN OPCO LLC; Fair Oaks Health
and Rehabilitation; Farthing Mayfield KY Opco LLC; Greenville KY Opco LLC; Hopkinsville KY Opco LLC;
Knoxville OPCO LLC; Leitchfield KY Opco LLC; Loudon OPCO LLC; Madisonville Health and Rehabilitation
LLC; Maryville Fairpark OPCO LLC; Maryville Jamestown OPCO LLC; Mayfield KY Opco LLC; Mount Pleasant
TN OPCO LLC; Paducah Center for Health and Rehabilitation LLC; Pelican Health at Asheville LLC; Pelican Health
at Charlotte LLC; Pelican Health at Norfolk LLC; Pelican Health at Rutherfordton LLC; Pelican Health Randolph
LLC; Pelican Health Reidsville LLC; Pelican Health Thomasville LLC; Princeton KY Opco LLC; Red Boiling
Springs TN OPCO LLC; Russellville KY Opco LLC; The Citadel at Myers Park LLC; The Citadel at Winston Salem
LLC; and The Citadel Elizabeth City LLC.
Case 1:23-cv-00129-MR Document 57 Filed 05/20/25 Page 1 of 3
incorporated in, antecedent to, or ancillary to the Judgment; and from any and all
adverse interlocutory orders, judgments, decrees, decisions, rulings, and opinions
that merged into and became part of the Judgment, that shaped the Judgment, that
are related to the Judgment, and upon which the Judgment is based, including, but
not limited to, the April 8, 2025 Memorandum of Decision and Order (Dkt. 54).
Respectfully submitted, this the 20th day of May, 2025.
/s/ Kirk G. Warner
Kirk G. Warner
N.C. State Bar No. 16238
kwarner@smithlaw.com
SMITH, ANDERSON, BLOUNT,
DORSETT, MITCHELL & JERNIGAN,
L.L.P.
Post Office Box 2611
Raleigh, North Carolina 27602-2611
Ph: (919) 821-1220; Fax: (919) 821-6800
LR 83.1 Counsel
Joshua A. Klarfeld
(admitted pro hac vice in lead case only)
Ohio State Bar No. (0079833)
Joshua.Klarfeld@icemiller.com
ICE MILLER LLP
600 Superior Avenue East, Suite 1300
Cleveland, Ohio 44114
(216) 394-5063
Attorneys for Plaintiffs
2
Case 1:23-cv-00129-MR Document 57 Filed 05/20/25 Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
electronically filed with the Clerk of Court using the CM/ECF system. Parties may
access this filing through the Court’s system.
This the 20th day of May, 2025.
/s/ Kirk G. Warner
Kirk G. Warner
N.C. State Bar No. 16238
kwarner@smithlaw.com
SMITH, ANDERSON, BLOUNT,
DORSETT, MITCHELL & JERNIGAN,
L.L.P.
Post Office Box 2611
Raleigh, North Carolina 27602-2611
Ph: (919) 821-1220; Fax: (919) 821-6800
LR 83.1 Counsel
Attorneys for Plaintiffs
3
Case 1:23-cv-00129-MR Document 57 Filed 05/20/25 Page 3 of 3File and source
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