Pierzchala v. Olds et al
Plaintiff: Pierzchala and Julia Pierzchala
Defendant: Olds, Kristie Olds and Philadelphia College of Osteopathic Medicine, Inc.
Case Number: 1:2015cv00260
Filed: January 27, 2015
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Gwinnett
Presiding Judge: Mark H Cohen
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on November 2, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2017 Clerk's Entry of Dismissal APPROVING #69 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(ii) (bnw)
November 1, 2017 Filing 69 STIPULATION of Dismissal With Prejudice by Julia Pierzchala. (Tinkler, William)
September 25, 2017 Opinion or Order Filing 68 ORDER: The Court hereby DIRECTS the Cleric to ADMINISTRATIVELY CLOSE this case. The parties shall file a stipulation of dismissal upon finalization of the settlement documents. If settlement negotiations fail, the parties should promptly move to reopen the case. Signed by Judge Mark H. Cohen on 9/25/17. (bnw)
September 25, 2017 Civil Case Terminated. (bnw)
September 13, 2017 Filing 67 Minute Entry for proceedings held before Judge Mark H. Cohen: Telephone Conference (Motion Hearing Non-evidentiary) held on 9/13/2017. The Court inquired regarding the status of this case and parties readiness for the trial specially set for 10/23/17 at 9:30 AM. The Court also inquired whether the costs incurred by Defendant for the last continuance had been paid. Those costs shall be paid not later than close of business on 9/20/17. If that payment has not been received, the Court asks to be notified. (Court Reporter Judith Wolff)(bnw)
September 7, 2017 NOTICE of TELECONFERENCE Hearing: Hearing set for 9/13/2017 at 11:00 AM before Judge Mark H. Cohen. Plaintiff's counsel to arrange for conference call and advise the Court and parties of the call-in number.(jgs)
August 11, 2017 Filing 66 NOTICE to Take Deposition of Reena Patel filed by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc. (Schlossberg, Lewis)
July 26, 2017 NOTICE setting Trial: Jury Trial reset for 10/23/2017 at 09:30 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. (jgs)
July 20, 2017 Opinion or Order Filing 65 ORDER granting #64 Motion to Continue. Plaintiff's Counsel is ORDERED to pay the costs of Defendants that have been paid out and cannot be refunded in order to prepare for trial originally set for 7/24/17. Plaintiff's counsel is ORDERED to pay the reasonable attorneys' fees of Defendants' counsel that will be required for Defendants to prepare for trial on another date for tasks that have been completed and will have to be repeated for the next trial. The parties are DIRECTED to meet and confer with respect to setting a new trial date as soon as possible. Signed by Judge Mark H. Cohen on 7/20/17. (jpa)
July 20, 2017 NOTICE OF CANCELLATION of Hearing re: NOTICE setting Trial: Jury Trial set for 7/24/2017 at 09:30 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. A Pretrial Conference set for 7/18/2017 at 11:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. Motions in limine shall be filed on or before 7/5/2017; responses to motions in limine shall be filed on or before 7/11/2017. Only one consolidated motion in limine shall be filed by each party and the motion shall not exceed 25 pages. The response brief to the motion in limine shall not exceed 25 pages.(jgs) (jgs)
July 19, 2017 Filing 64 MOTION to Continue Trial by Julia Pierzchala. (Tinkler, William)
July 19, 2017 Filing 63 Minute Entry for proceedings held before Judge Mark H. Cohen: Status Conference held on 7/19/2017. The Court received an email asking for an emergency telephone conference. Plaintiff verbally moved for a continuance. Plaintiff's counsel shall file a motion for continuance to include a letter from the treating physician by end of business tomorrow (7/20). Plaintiff shall pay the costs incurred by the Defendant for preparation. The evidence and witnesses identified in the pretrial order will be frozen. No additional witnesses or evidence will be allowed. Parties shall discuss an agreeable time to reschedule the trial and advise the Court. See transcript for details. (Court Reporter Judith Wolff)(rjs)
July 19, 2017 NOTICE of TELECONFERENCE Hearing: Hearing set for 7/19/2017 at 02:30 PM before Judge Mark H. Cohen. Plaintiff's counsel will provide call-in number and pass code to parties and the Court.(jgs)
July 18, 2017 Filing 62 Minute Entry for proceedings held before Judge Mark H. Cohen: Pretrial Conference held on 7/18/2017. The Court discussed voir dire questioning that will be allow during jury selection and the trial procedures before Judge Cohen. Parties discussed evidentiary issues. (Court Reporter Judith Wolff)(jpa)
July 17, 2017 Opinion or Order Filing 61 ORDER that the #42 Proposed Pretrial Order constitutes the pretrial order for this case with the following exception: Plaintiff's Documentary and Physical Evidence (Attachment G-1) and Defendants' List of Trial Exhibits (Attachment G-2) are not in conformity with Local Rule 16.4B(19)(a), NDGa. The parties shall submit a revised exhibit list in conformity with this Rule no later than Thursday, July 20, 2017, at 5:00 P.M. Signed by Judge Mark H. Cohen on 7/17/17. (jpa)
July 17, 2017 Filing 60 Requests to Charge by Julia Pierzchala . (Lumley, Jerry)
July 17, 2017 Opinion or Order Filing 59 ORDER denying Defendants' #54 Motion in Limine; granting in part and denying in part Plaintiff's #55 Motion in Limine. Signed by Judge Mark H. Cohen on 7/17/17. (jpa)
July 13, 2017 Opinion or Order Filing 58 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on July 18, 2017 at 1:30 p.m. for the Pretrial Conference and on July 24, 2017 at 9:30 a.m. for trial, and to continue day to day until the trial is completed. Signed by Judge Mark H. Cohen on 7/13/2017. (dfb)
July 11, 2017 Filing 57 RESPONSE in Opposition re #55 First MOTION in Limine Motion in Limine of Plaintiff filed by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schlossberg, Lewis)
July 11, 2017 Filing 56 RESPONSE re #54 MOTION in Limine of Defendants filed by Julia Pierzchala. (Lumley, Jerry)
July 11, 2017 NOTICE OF CHANGE OF Pretrial Conference set for 7/18/2017 at 11:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. Time is changed to 1:30 PM. (jgs)
July 11, 2017 NOTICE of Hearing: Pretrial Conference set for 7/18/2017 at 01:30 PM in ATLA Courtroom 1905 before Judge Mark H. Cohen. (jgs)
July 5, 2017 Filing 55 First MOTION in Limine with Brief In Support by Julia Pierzchala. (Attachments: #1 Brief in Support of Motion in Limine, #2 Exhibit Deposiin of David Mason, D.O.)(Lumley, Jerry) Modified on 7/6/2017 to edit docket text (jpa).
July 5, 2017 Filing 54 MOTION in Limine of Defendants with Brief In Support by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schlossberg, Lewis)
June 23, 2017 Filing 53 Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Mediation held on 6/23/2017. Case did not settle. (klb)
June 23, 2017 Filing 52 Amended NOTICE to Take Deposition of Dr. David C. Mason, DO filed by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc. (Schlossberg, Lewis)
June 11, 2017 Filing 51 Amended Exhibit List by Julia Pierzchala.. (Lumley, Jerry)
May 9, 2017 Opinion or Order Filing 50 ORDER ALLOWING ELECTRONICS IN THE COURTROOM on June 26, 2017 at 10:00 a.m. Signed by Magistrate Judge Walter E. Johnson on 5/9/17. (klb)
May 8, 2017 Opinion or Order Filing 49 ORDER scheduling Mediation. Mediation Hearing set for 6/26/2017 at 10:00 AM in ROME Courtroom 201 before Magistrate Judge Walter E. Johnson. Signed by Magistrate Judge Walter E. Johnson on 5/8/17. (klb)
May 5, 2017 Filing 48 NOTICE to Take Deposition of Dr. David C. Mason, DO filed by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc. (Schlossberg, Lewis)
May 4, 2017 Filing 47 NOTICE to Take Deposition of Allan Peljovich, M.D. filed by Julia Pierzchala (Tinkler, William)
April 28, 2017 Filing 46 Witness List by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Schlossberg, Lewis)
April 28, 2017 Filing 45 Amended Exhibit List of Defendants by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc... (Schlossberg, Lewis)
April 21, 2017 Opinion or Order Filing 44 ORDER REFERRING CASE to Magistrate Judge Walter E. Johnson for mediation. The parties shall contact Judge Johnson within five days of the date of this order to schedule the time and place for mediation. Mediation shall be completed no later than June 30, 2017. Signed by Judge Mark H. Cohen on 4/21/17. (jpa)
April 21, 2017 Filing 43 Minute Entry for proceedings held before Judge Mark H. Cohen: Scheduling Conference held on 4/21/2017. The Court asked that counsel amend the exhibits list provided in the proposed pretrial order and then file the amendment. Trial is set for 7/24/17. Corresponding dates for motions, responses and a pretrial conference will be set. Both parties expressed some interest in mediation before a Magistrate Judge. The Court will enter an order to that effect with instructions on contacting the assigned Magistrate Judge for mediation. Counsel for Defendants indicated that they are waiting for updated medicals from Plaintiff, but other than that, parties are ready for trial. (Court Reporter Judith Wolff)(jpa)
April 21, 2017 NOTICE setting Trial: Jury Trial set for 7/24/2017 at 09:30 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. A Pretrial Conference set for 7/18/2017 at 11:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. Motions in limine shall be filed on or before 7/5/2017; responses to motions in limine shall be filed on or before 7/11/2017. Only one consolidated motion in limine shall be filed by each party and the motion shall not exceed 25 pages. The response brief to the motion in limine shall not exceed 25 pages.(jgs)
April 18, 2017 NOTICE of TELECONFERENCE Hearing: Status Conference set for 4/21/2017 at 10:00 AM before Judge Mark H. Cohen. Plaintiff's counsel has set up and provided call-in numbers to counsel and the Court.(jgs)
April 17, 2017 Filing 42 Proposed Pretrial Order of Plaintiff and Defendants by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Schlossberg, Lewis)
March 23, 2017 Opinion or Order Filing 41 ORDER granting #40 Motion for Extension of Time through 4/17/17 to file the consolidated pretrial order. Signed by Judge Mark H. Cohen on 3/23/17. (jpa)
March 23, 2017 Filing 40 Consent MOTION for Extension of Time File Consolidated Proposed Pre-Trial Order by Julia Pierzchala. (Attachments: #1 Text of Proposed Order)(Tinkler, William)
February 24, 2017 Opinion or Order Filing 39 ORDER granting in part and denying in part Defendants Kristie Olds and Philadelphia College of Osteopathic Medicine Motion for Summary Judgment #30 . The motion is GRANTED with respect to Counts Two and Four and DENIED with respect to Counts One and Three. It is further ORDERED that the parties file their consolidated proposed pretrial order within thirty (30) days ofthe date of this Order. Signed by Judge Mark H. Cohen on 2/24/17. (ddm)
July 6, 2016 Submission of #30 MOTION for Summary Judgment of Defendants, submitted to District Judge Mark H. Cohen. (jpa)
July 5, 2016 Filing 38 Response to Statement of Material Facts re #30 MOTION for Summary Judgment of Defendants filed by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Schlossberg, Lewis)
July 5, 2016 Filing 37 REPLY BRIEF re #30 MOTION for Summary Judgment of Defendants filed by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Schlossberg, Lewis)
June 20, 2016 Filing 36 Response to Statement of Material Facts re #30 MOTION for Summary Judgment of Defendants filed by Julia Pierzchala. (Lumley, Jerry)
June 20, 2016 Filing 35 RESPONSE in Opposition re #30 MOTION for Summary Judgment of Defendants filed by Julia Pierzchala. (Attachments: #1 Exhibit Pierzchala Declaration, #2 Exhibit McLendon Declaration, #3 Exhibit Peljovich Declaration, #4 Exhibit Deposition and Discovery Excerpts)(Lumley, Jerry)
June 20, 2016 Filing 34 Certification of Consent to Substitution of Counsel. Andrew J. King replacing attorney Lindsay Alexandra Forlines. (King, Andrew)
June 20, 2016 NOTICE of Undeliverable Electronic Mail re: #33 Notice of Appearance. Mail returned for Lindsay Alexandra Forlines due to no longer employed with the firm. Electronic notification has been turned off. A notice of withdrawal or substitution of counsel should be filed. (aar)
June 19, 2016 Filing 33 NOTICE of Appearance by Jerry Alvin Lumley on behalf of Julia Pierzchala (Lumley, Jerry)
May 23, 2016 Opinion or Order Filing 32 ORDER granting in part #31 Motion to Establish Dates for the Remainder of Summary Judgment Briefing and for Oral Argument. Plaintiff shall submit her response to Defendants' motion for summary judgment by June 20, 2016. Defendants shall submit any reply to Plaintiffs response to Defendants' motion for summary judgment by July 5, 2016. The Court will advise the parties if oral argument is necessary to rule on the pending motion for summary judgment. Signed by Judge Mark H. Cohen on 5/23/16. (jpa)
May 23, 2016 Notification of Docket Correction re #31 Joint MOTION to Establish Dates for the Remainder of Summary Judgment Briefing and MOTION for Oral Argument. Two part motion docketed as one part motion. (jpa)
May 20, 2016 Filing 31 Joint MOTION to Establish Dates for the Remainder of Summary Judgment Briefing and Motion for Oral Argument by Kristie Olds and Philadelphia College of Osteopathic Medicine, Inc. (Attachments: #1 Text of Proposed Order)(Schlossberg, Lewis) . Added MOTION for Oral Argument on 5/23/2016 (jpa).
May 2, 2016 Filing 30 MOTION for Summary Judgment of Defendants with Brief In Support by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Attachments: #1 Text of Proposed Order, #2 Statement of Material Facts, #3 Brief, #4 Affidavit Certificate of Service, #5 Exhibit A - Plaintiffs Initial Disclosures, #6 Exhibit B - Seaman Report, #7 Exhibit C - Mason Report, #8 Exhibit D - Pierzchala Dep, #9 Exhibit E - Olson Dep, #10 Exhibit F - Ross dep, #11 Exhibit G - Redmond Dep, #12 Exhibit H - Ehrenfeuchter Dep, #13 Exhibit I - Berkowitz Dep, #14 Exhibit J - Olds Dep, #15 Exhibit K - Patel Dep, #16 Exhibit L - Plaintiff Interrogatory Responses, #17 Exhibit M - Resurgens Records, #18 Exhibit N - Peljovich Dep, #19 Exhibit O - McCollam IME)(Schlossberg, Lewis) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
November 2, 2015 Filing 29 NOTICE Of Filing Rule 26 Report by Julia Pierzchala re #28 Notice of Filing Exhibits to Rule 26 Report (Attachments: #1 Exhibit Trial Testimony, #2 Exhibit CV, #3 Exhibit Deposition Testimony, #4 Exhibit List of Law Firms)(Tinkler, William)
October 30, 2015 Filing 28 NOTICE Of Filing Rule 26 Report by Julia Pierzchala (Attachments: #1 Exhibit Rule 26 Report of Bruce A. Seaman, Ph.D.)(Tinkler, William)
August 14, 2015 Opinion or Order Filing 27 ORDER granting #25 Motion TO Establish Dates for Expert Discovery and Pretrial Filings. (See order for dates.) Signed by Judge Mark H. Cohen on 8/14/15. (jpa)
August 10, 2015 Filing 26 CERTIFICATE OF SERVICE of Discovery by Julia Pierzchala.(Tinkler, William)
July 24, 2015 Filing 25 Joint MOTION to Establish Dates for Expert Discovery and Pretrial Filings by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Schlossberg, Lewis)
July 20, 2015 Filing 24 NOTICE to Take Deposition of Dr. Walter Ehrenfeuchter filed by Julia Pierzchala (Tinkler, William)
July 20, 2015 Filing 23 NOTICE to Take Deposition of Dr. Murray R. Berkowitz filed by Julia Pierzchala (Tinkler, William)
May 22, 2015 Opinion or Order Filing 22 ORDER granting #21 Motion for Extension of Time to Complete Discovery. Discovery ends on 9/30/2015. Signed by Judge Mark H. Cohen on 5/22/15. (jpa)
May 21, 2015 Filing 21 Joint MOTION for Extension of Time to Complete Discovery by Julia Pierzchala. (Tinkler, William)
May 7, 2015 Filing 20 NOTICE to Take Deposition of Defendant Kristie Olds filed by Julia Pierzchala (Tinkler, William)
April 10, 2015 Filing 19 CERTIFICATE OF SERVICE [CORRECTED] of Plaintiff's Responses to Defendants' First Continuing Interrogatories and Requests to Produce by Julia Pierzchala.(Tinkler, William)
April 10, 2015 Filing 18 CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendants' First Continuing Interrogatories and Requests to Produce by Julia Pierzchala.(Tinkler, William)
March 26, 2015 Filing 17 CERTIFICATE OF SERVICE Defendant Olds Responses and Objections to Plaintiffs First Request for Production of Documents by Kristie Olds.(Schlossberg, Lewis)
March 26, 2015 Filing 16 CERTIFICATE OF SERVICE Defendant Olds Responses and Objections to Plaintiffs First Interrogatories by Kristie Olds.(Schlossberg, Lewis)
March 26, 2015 Filing 15 CERTIFICATE OF SERVICE PCOMs Responses and Objections to Plaintiffs First Request for Production of Documents by Philadelphia College of Osteopathic Medicine, Inc..(Schlossberg, Lewis)
March 26, 2015 Filing 14 CERTIFICATE OF SERVICE PCOMs Responses and Objections to Plaintiffs First Interrogatories by Philadelphia College of Osteopathic Medicine, Inc..(Schlossberg, Lewis)
March 23, 2015 Opinion or Order Filing 13 SCHEDULING ORDER: re: #10 Joint Preliminary Report and Discovery Plan Signed by Judge Mark H. Cohen on 3/23/15. (jpa)
March 23, 2015 Clerks Notation re #7 Certificate of Interested Persons reviewed by MHC. (jgs)
March 23, 2015 Clerks Certificate of Mailing to Lindsay Alexandra Forlines re #13 Scheduling Order (jpa)
February 27, 2015 Filing 12 CERTIFICATE OF SERVICE OF DISCOVERY by Julia Pierzchala.(Tinkler, William)
February 26, 2015 Filing 11 Initial Disclosures by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc..(Schlossberg, Lewis)
February 25, 2015 Filing 10 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Schlossberg, Lewis)
February 25, 2015 Filing 9 Initial Disclosures by Julia Pierzchala.(Tinkler, William)
February 23, 2015 Filing 8 CERTIFICATE OF SERVICE Defendants' First Continuing Interrogatories and Request To Produce to Plaintiff by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc..(Lavender, Thomas)
February 9, 2015 APPROVAL by Clerks Office re: #2 APPLICATION for Admission of Arthur Hankin Pro Hac Vice (Application fee $ 150, receipt number 113E-5639330). Attorney Arthur W. Hankin added appearing on behalf of Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc. (pb)
February 9, 2015 Opinion or Order MINUTE ORDER granting [2 & 3] Applications for Admission Pro Hac Vice for Arthur Hankin and Lewis Schlossberg by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 2/9/15. (jgs)
February 9, 2015 APPROVAL by Clerks Office re: #3 APPLICATION for Admission of Lewis Schlossberg Pro Hac Vice (Application fee $ 150, receipt number 113E-5639347). Attorney Lewis Schlossberg added appearing on behalf of Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc. (pb)
February 4, 2015 Filing 7 Certificate of Interested Persons by Julia Pierzchala. (Tinkler, William)
February 4, 2015 Opinion or Order Filing 6 STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Mark H. Cohen on 1/2/15. (jpa)
February 4, 2015 Clerks Certificate of Mailing to Lindsay Alexandra Forlines re #6 Order (jpa)
February 3, 2015 Filing 5 DEMAND for Trial by Jury by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Lavender, Thomas)
February 3, 2015 Filing 4 ANSWER to #1 NOTICE OF REMOVAL by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. Discovery ends on 7/6/2015.(Lavender, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
February 3, 2015 Filing 3 APPLICATION for Admission of Lewis Schlossberg Pro Hac Vice (Application fee $ 150, receipt number 113E-5639347)by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Lavender, Thomas)
February 3, 2015 Filing 2 APPLICATION for Admission of Arthur Hankin Pro Hac Vice (Application fee $ 150, receipt number 113E-5639330)by Kristie Olds, Philadelphia College of Osteopathic Medicine, Inc.. (Lavender, Thomas)
January 27, 2015 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Philadelphia College of Osteopathic Medicine, Inc., Kristie Olds. (Filing fee $ 400 receipt number 113E-5624669) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Pierzchala
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Plaintiff: Julia Pierzchala
Represented By: William Phillips Tinkler, Jr.
Represented By: Jerry A. Lumley
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Defendant: Olds
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Defendant: Kristie Olds
Represented By: Arthur W. Hankin
Represented By: Lewis Schlossberg
Represented By: Lindsay Alexandra Forlines
Represented By: Thomas Edward Lavender, III
Represented By: Andrew J. King
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Defendant: Philadelphia College of Osteopathic Medicine, Inc.
Represented By: Arthur W. Hankin
Represented By: Lewis Schlossberg
Represented By: Lindsay Alexandra Forlines
Represented By: Thomas Edward Lavender, III
Represented By: Andrew J. King
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