Estate of Katherine Lynn Stream et al v. Avera Health et al

Justia Dockets & Filings Eighth Circuit Iowa Northern District Estate of Katherine Lynn Stream et al v. Avera Health et al

Estate of Katherine Lynn Stream et al v. Avera Health et al

Plaintiff:	Estate of Katherine Lynn Stream, Susan Stream, Marley Rose Stream and Rick Stream
Defendant:	Avera Health a South Dakota corporation doing business as Avera McKennan Hospital and University Health Center, Primary Urgent Care, PC, Dr Dariush Ghaffari and Medical Associates PC
Case Number:	5:2011cv04082
Filed:	September 16, 2011
Court:	US District Court for the Northern District of Iowa
Office:	Western Division Office
County:	Plymouth
Presiding Judge:	Mark W Bennett
Referring Judge:	Leonard T z - Strand-M
Nature of Suit:	Personal Inj. Med. Malpractice
Cause of Action:	28 U.S.C. § 1332 Diversity-Medical Malpractice
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on December 17, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 17, 2013	Filing 76 STIPULATION of Dismissal filed by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream and Susan Stream (Higgins, Stuart) Modified text on 12/17/2013 (kfs)
December 4, 2013	Filing 75 DOCKETED IN ERROR: Motion to Dismiss All Claims with Prejudice filed by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream and Susan Stream: Response ddl 12/23/2013 (Higgins, Stuart) Modified text on 12/04/2013 (kfs)
October 2, 2013	Filing 74 ORDER of Case Settlement: The court has been advised that this action has been settled. The parties shall have to and including, the date listed at end of this docket entry, to file their settlement documents. Dismissal Papers Deadline are due by 12/1/2013. Signed by Judge Mark W Bennett on 10/2/13. (djs)
September 25, 2013	Filing 73 Joint MOTION to Strike Plaintiffs' Expert Witness Dr. Michael Zeman by Defendant Primary Urgent Care, PC Responses due by 10/15/2013 (Gray, John)
July 25, 2013	Filing 72 ORDER Granting #71 Robert J Swift's Motion for Leave to Appear Pro Hac Vice on behalf of defendant Dr. Dariush Ghaffari. Signed by Clerk on 07/25/2013. (src)
July 25, 2013	Filing 71 MOTION for Leave to Appear Pro Hac Vice - Robert Swift ( Pro Hac Vice Fee $ 75 receipt number 0862-1639598) by Defendant Dariush Ghaffari (Frank, Ronald)
July 24, 2013	Filing 70 DOCKETED IN ERROR - MOTION for Leave to Appear Pro Hac Vice - Robert J. Swift by Defendant Dariush Ghaffari (Frank, Ronald) Modified on 7/25/2013 to note that filing attorney was contacted and notified to file this motion properly and pay the $75.00 pro hac vice fee with pay.gov. (src)
July 19, 2013	Filing 69 ORDER: Granting #68 Motion for Leave to Appear Pro Hac Vice by attorney Lee D Thibodeaux as to Defendant Dariush Ghaffari. Signed by Clerk on 07/19/13. (kfs)
July 19, 2013	Filing 68 MOTION for Leave to Appear Pro Hac Vice for Lee D. Thibodeaux ( Pro Hac Vice Fee $ 75 receipt number 0862-1636722) by Defendant Dariush Ghaffari (Frank, Ronald)
May 24, 2013	Filing 67 ORDER: Denying #66 Motion for Extension of Time to Designate Defendants' Experts. Signed by Magistrate Judge Leonard T Strand on 05/24/13. (kfs)
May 23, 2013	Filing 66 Motion for Extension of Time to Designate Defendants' Experts filed by Dariush Ghaffari (Frank, Ronald) Modified text on 05/24/2013 (kfs)
April 11, 2013	Filing 65 DOCKETED IN ERROR: This document is discovery material and not to be filed: NOTICE to Take Deposition filed by Dariush Ghaffari (Frank, Ronald) Modified text on 04/12/2013 (kfs)
February 22, 2013	Filing 64 TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 28 days before FPTC: Exhibits marked: Jury Instructions 21 days before FPTC: Motions in Limine 28 days before FPTC: Jury Trial reset to 12/16/2013 at 9:00 AM in SC 3rd Fl Ct before Judge Mark W Bennett: Final Pretrial Conference reset to 12/05/2013 at 3:00 PM in SC 1st Fl Ct before Magistrate Judge Leonard T Strand: Proposed Pretrial Order ddl 11/30/2013. Signed by Judge Mark W Bennett on 02/22/13. (kfs)
February 19, 2013	Filing 63 SCHEDULING Order and Discovery Plan: Plaintiffs Expert Witness due by 2/15/2013. Defendants Expert Witnesses due by 5/15/2013. Plaintiffs Rebuttal Experts due by 6/15/2013. Discovery due by 7/15/2013. Motions due by 7/15/2013. Trial Ready Deadline 11/15/2013. Signed by Magistrate Judge Leonard T Strand on 2/19/13. (djs)
February 15, 2013	Set Deadline: Scheduling Report due by 02/25/2013: Action taken pursuant to 62 Order (kfs)
February 14, 2013	Filing 62 TEXT ORDER ONLY granting #61 Motion to Continue Trial. The parties are directed to prepare and submit a new scheduling order to Magistrate Judge Strand on or before Monday, 2.25.13. Upon the submission and approval of the new scheduling order, the undersigned will enter a trial management order resetting the trial and final pretrial conference dates in this matter. Signed by Judge Mark W Bennett on 2/14/2013. (Gill, Jennifer)
February 14, 2013	Filing 61 Joint MOTION to Continue Trial by Defendant Primary Urgent Care, PC (Gray, John)
January 22, 2013	Filing 60 ORDER granting #59 Motion to Dismiss Action Against Defendants Avera Health d/b/a Floyd Valley Hospital and Medical Associates, P C (See Order Text). Signed by Judge Mark W Bennett on 1/22/2013. (des)
January 21, 2013	Filing 59 MOTION to Dismiss Action Against Defendants Avera Health d/b/a Floyd Valley Hospital and Medical Associates, P.C. by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream Responses due by 2/7/2013 (Higgins, Stuart)
November 15, 2012	Filing 58 DOCKETED IN ERROR: THIS IS DISCOVERY MATERIAL: Designation of Expert Witness Dr. Loren Hiratzka by Estate of Katherine Lynn Stream, Rick Stream, Susan Stream (Higgins, Stuart) Modified text on 11/15/2012 (kfs)
November 15, 2012	Filing 57 DOCKETED IN ERROR: THIS IS DISCOVERY MATERIAL: Designation of Expert Witness Dr. Christopher Stone by Estate of Katherine Lynn Stream, Rick Stream, Susan Stream (Higgins, Stuart) Modified text on 11/15/2012 (kfs)
October 16, 2012	Filing 56 ORDER granting #55 Joint Motion for Extension of expert and disclosure dates filed by Susan Stream, Medical Associates PC, Rick Stream, Estate of Katherine Lynn Stream, Primary Urgent Care, PC, Dariush Ghaffari, Marley Rose Stream, Avera Health. Plaintiffs Expert Witness due by 11/15/2012. Defendants Expert Witness due by 1/3/2013. Plaintiffs Rebuttal Experts due by 1/17/2013. Discovery due by 1/21/2013. Signed by Magistrate Judge Leonard T Strand on 10/16/2012. (des)
October 15, 2012	Filing 55 Joint MOTION for Extension of Time expert disclosure dates by Defendants Avera Health, Dariush Ghaffari, Medical Associates PC, Primary Urgent Care, PC, Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream (Fitzgibbons, Joseph)
September 18, 2012	Filing 54 ORDER: Granting #48 , #51 and #53 Motions for Extension of Time to Serve Expert Reports: Plaintiffs' Expert Witness ddl 10/15/2012: Defendants' Expert Witness ddl 12/03/2012: Plaintiffs' Rebuttal Experts ddl 12/17/2012. Signed by Magistrate Judge Leonard T Strand on 09/18/12. (kfs)
September 10, 2012	Filing 53 MOTION for Extension of Time time to serve expert reports by Defendant Dariush Ghaffari (Frank, Ronald)
September 10, 2012	Filing 52 DOCKETED IN ERROR: This is discovery material and not to be filed: Designation of Expert Witness filed by Dariush Ghaffari (Frank, Ronald) Modified text on 09/11/2012 (kfs)
August 31, 2012	Filing 51 MOTION for Extension of Time Time to Serve Expert Reports by Defendant Primary Urgent Care, PC (Gray, John)
August 31, 2012	Filing 50 DOCKETED IN ERROR: This is discovery material and not to be filed: Designation of Expert Witness filed by Defendant Primary Urgent Care PC (Gray, John) Modified text on 09/04/2012 (kfs)
August 31, 2012	Filing 49 DOCKETED IN ERROR: This is discovery material and not to be filed: Designation of Expert Witness filed by Defendant Avera Health (Fitzgibbons, Joseph) Modified text on 09/04/2012 (kfs)
August 31, 2012	Filing 48 MOTION for Extension of Time for Scheduling Order Deadlines of Expert reports by Defendant Avera Health (Fitzgibbons, Joseph)
June 29, 2012	Filing 47 DOCKETED IN ERROR: Document is discovery material and not to be filed: Supplemental Designation of Expert Witness filed by Estate of Katherine Lynn Stream, Rick Stream and Susan Stream (Higgins, Stuart) Modified text on 06/29/2012 (kfs)
June 28, 2012	Filing 46 DOCKETED IN ERROR: Document is discovery material and not to be filed: Designation of Expert Witness Plaintiffs' Initial Designation of Experts Against All Named Defendants by Estate of Katherine Lynn Stream, Rick Stream, Susan Stream (Higgins, Stuart) Modified text on 06/29/2012 (kfs)
June 18, 2012	Filing 45 NOTICE of Appearance by Stuart L Higgins on behalf of All Plaintiffs (Higgins, Stuart)
June 11, 2012	Magistrate Judge Leonard T Strand added. Magistrate Paul A Zoss no longer assigned to case. (jkh)
June 6, 2012	Filing 44 PURSUANT to Local Rule 7.1 Disclosure Statement by Primary Urgent Care, PC (Gray, John)
April 18, 2012	Filing 43 ANSWER w/Jury Demand to #38 Amended Complaint filed by Dariush Ghaffari (Frank, Ronald) Modified text on 04/19/2012 (kfs)
April 17, 2012	Filing 42 ANSWER w/Jury Demand to #38 Amended Complaint filed by Primary Urgent Care PC (Gray, John) Modified text on 04/18/2012 (kfs)
April 16, 2012	Filing 41 ANSWER w/Jury Demand to #38 Second Amended Complaint filed by Defendant Avera Health (Fitzgibbons, Joseph) Modified text on 04/17/2012 (kfs)
March 19, 2012	Filing 40 TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 28 days before FPTC: Exhibits marked: Jury Instructions 21 days before FPTC: Motions in Limine 28 days before FPTC: Jury Trial set for 05/06/2013 at 9:00 AM in SC 3rd Fl Ct before Judge Mark W Bennett: Final Pretrial Conference set for 04/23/2013 at 3:00 PM in SC 1st Fl Ct before Magistrate Judge Leonard T Strand: Proposed Pretrial Order ddl 04/18/2013. Signed by Chief Magistrate Judge Paul A Zoss on 03/19/12. (kfs)
March 16, 2012	Filing 39 SCHEDULING Order and Discovery Plan: Add Parties ddl 04/20/2012: Amended Pleadings ddl 04/20/2012: Plaintiffs Expert Witness ddl 07/01/2012: Defendants Expert Witness ddl 09/01/2012: Plaintiffs Rebuttal Experts ddl 10/01/2012: Discovery ddl 01/01/2013: Motions ddl 02/01/2013: Trial Ready ddl 03/18/2013. Signed by Chief Magistrate Judge Paul A Zoss on 03/16/12. (kfs)
March 12, 2012	Filing 38 SECOND Amended Complaint and Jury Demand against Avera Health, Dariush Ghaffari, Medical Associates PC, Primary Urgent Care, PC, filed by Susan Stream, Rick Stream, Estate of Katherine Lynn Stream, Marley Rose Stream. (Humphrey, Marc) Modified text on 03/13/2012 (kfs)
March 10, 2012	Filing 37 NOTICE TO PARTIES of possible conflict: (Any motions requesting recusal due by 4/10/2012). Signed by Judge Mark W Bennett on 03/10/12. (Mastalir, Roger) Modified text on 03/12/2012 (kfs)
March 7, 2012	Filing 36 MEMORANDUM OPINION AND ORDER denying as moot #8 Motion to Dismiss; #11 Motion to Dismiss; and #22 Motion to Dismiss. See text of Order. Signed by Judge Mark W Bennett on 3/7/12. (djs) (Main Document 36 replaced on 3/7/2012 to remove duplicate pages) (djs).
March 6, 2012	Filing 35 ORDER granting #30 MOTION to Strike #29 Amended Complaint filed by Primary Urgent Care, PC, as to references to natural grandmothers. The plaintiffs are granted leave to file an amended complaint by 3/16/2012. Signed by Chief Magistrate Judge Paul A Zoss on 3/6/12. (djs) Modified text on 3/7/2012 (djs).
March 6, 2012	Filing 34 MINUTE Entry for proceedings held before Chief Magistrate Judge Paul A Zoss: Telephonic Scheduling Conference held on 3/6/2012. (Court Reporter FTR Gold.) (djs)
March 5, 2012	Filing 33 ORDER Resetting Hearing: Telephonic Scheduling Conference reset to 03/06/2012 at 9:00 AM before Chief Magistrate Judge Paul A Zoss. Signed by Chief Magistrate Judge Paul A Zoss on 03/05/12. (kfs)
February 29, 2012	Filing 32 ORDER Resetting Hearing: Telephonic Scheduling Conference reset to 03/05/2012 at 11:00 AM before Chief Magistrate Judge Paul A Zoss. Signed by Chief Magistrate Judge Paul A Zoss on 02/29/12. (kfs)
February 28, 2012	Filing 31 ORDER Setting Hearing: Telephonic Scheduling Conference set for 03/02/2012 at 10:00 AM before Chief Magistrate Judge Paul A Zoss. Signed by Chief Magistrate Judge Paul A Zoss on 02/27/12. (kfs)
February 27, 2012	Filing 30 MOTION to Strike #29 Amended Complaint by Defendant Primary Urgent Care, PC: Responses ddl 03/15/2012 (Attachment #1 Memorandum of Authorities) (Gray, John) Modified text on 02/28/2012 (kfs)
February 21, 2012	Filing 29 Amended and Substituted Complaint and Jury Demand against Avera Health, Dariush Ghaffari, Primary Urgent Care, PC, filed by Susan Stream, Rick Stream, Estate of Katherine Lynn Stream, Marley Rose Stream. (docketed by clerk pursuant to #28 Order) (des) Modified text on 3/7/2012 to reflect references to natural grandmothers are stricken pursuant to #35 Order (djs).
February 21, 2012	Filing 28 ORDER granting #27 Motion to Amend Complaint. Clerk is directed to docket the amended complaint submitted with the motion. Signed by Chief Magistrate Judge Paul A Zoss on 2/21/2012. (des)
January 31, 2012	Filing 27 MOTION to Amend/Correct #2 Complaint, and Jury Demand by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream (Attachments: #1 Amended and Substituted Complaint and Jury Demand) (Humphrey, Marc)
January 31, 2012	Filing 26 RESISTANCE to Motion re #22 MOTION to Dismiss Pursuant to F. R. Civ. P. 12(b)(1), #11 MOTION to Dismiss pursuant to federal rule of civil procedure 12(b)(1), #8 MOTION to Dismiss Plaintiffs' Response/Resistance to Defendants' Motion to Dismiss filed by Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream. (Attachments: #1 Brief, #2 Appendix) (Humphrey, Marc)
January 16, 2012	Filing 25 PURSUANT to Local Rule 7.1 Disclosure Statement by Avera Health (Fitzgibbons, Joseph)
December 13, 2011	Filing 24 ORDER granting #23 UNRESISTED Motion for Second Motion for Additional Time in Which to Resist Motions to Dismiss filed by Susan Stream, Marley Rose Stream, Rick Stream, Estate of Katherine Lynn Stream. The Estate shall have to and including 1/31/12, to resist all of the pending motions to dismiss. Signed by Judge Mark W Bennett on 12/13/11. (djs)
December 13, 2011	Filing 23 UNRESISTED Motion for Second Motion for Additional Time in Which to Resist Motions to Dismiss by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream (Humphrey, Marc)
December 5, 2011	Filing 22 MOTION to Dismiss Pursuant to F. R. Civ. P. 12(b)(1) by Defendant Primary Urgent Care, PC Responses due by 12/22/2011 (Gray, John)
November 30, 2011	Filing 21 ORDER: Granting #20 Motion for Extension of Time to Answer: Answer deadline extended for Defendant Primary Urgent Care PC to 12/14/2011. Signed by Chief Magistrate Judge Paul A Zoss on 11/30/11. (kfs)
November 29, 2011	Filing 20 MOTION for Extension of Time to File Answer re #2 Complaint, by Defendant Primary Urgent Care, PC (Gray, John)
November 29, 2011	Filing 19 RESPONSE to #12 Motion for Additional Time filed by Avera Health (Fitzgibbons, Joseph) Modified to add link on 11/30/2011 (kfs)
November 29, 2011	Filing 18 ORDER: Granting #12 Motion for Extension of Time to Take Depositions and File Resistance to #8 and #11 Motions to Dismiss: Response ddl 12/31/2011. Signed by Chief Magistrate Judge Paul A Zoss on 11/29/11. (kfs)
November 29, 2011	Filing 17 PROOF OF SERVICE filed by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream Proof of Service of Avera Health d/b/a Floyd Vallley Hospital (Humphrey, Marc) Modified text on 11/30/2011 (kfs)
November 29, 2011	Filing 16 PROOF OF SERVICE filed by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream Proof of Service of Dr. Dariush Ghaffari (Humphrey, Marc) Modified text on 11/30/2011 (kfs)
November 29, 2011	Filing 15 PROOF OF SERVICE filed by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream Proof of Service of Primary Urgent Care, P.C. (Humphrey, Marc) Modified text on 11/30/2011 (kfs)
November 29, 2011	Filing 14 PROOF OF SERVICE filed by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream Proof of Serivce of Medical Associates, P.C. (Humphrey, Marc) Modified text on 11/30/2011 (kfs)
November 29, 2011	Filing 13 DOCKETED IN ERROR: This document is a duplicate of the document at #16 : Proof of Service filed by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream Proof of Service of Dr Dariush Ghaffari (Humphrey, Marc) Modified text on 11/30/2011 (kfs).
November 29, 2011	Filing 12 MOTION for Extension of Time Take Depositions and Resist Defendants' Motion to Dismiss a by Plaintiffs Estate of Katherine Lynn Stream, Marley Rose Stream, Rick Stream, Susan Stream (Humphrey, Marc)
November 29, 2011	Filing 11 MOTION to Dismiss pursuant to federal rule of civil procedure 12(b)(1) by Defendant Dariush Ghaffari Responses due by 12/16/2011 (Frank, Ronald)
November 16, 2011	Filing 10 ORDER granting #9 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline extended for Dariush Ghaffari to 11/30/2011. Signed by Chief Magistrate Judge Paul A Zoss on 11/16/2011. (des)
November 16, 2011	Filing 9 MOTION for Extension of Time to File Answer by Defendant Dariush Ghaffari (Frank, Ronald)
November 15, 2011	Filing 8 MOTION to Dismiss by Defendant Avera Health Responses due by 12/2/2011 (Attachments: #1 Statement of Material Facts, #2 Appendix) (Fitzgibbons, Joseph)
November 4, 2011	Filing 7 ORDER granting #6 UNRESISTED Motion for Extension of Time filed by Avera Health. The deadline to file a responsive pleading is extended to 11/16/2011. Signed by Chief Magistrate Judge Paul A Zoss on 11/4/11. (djs)
November 4, 2011	Filing 6 UNRESISTED Motion for Extension of Time to File a Responsive Pleading filed by Defendant Avera Health (Fitzgibbons, Joseph) Modified text on 11/04/2011 (kfs)
November 4, 2011	Filing 5 NOTICE of Appearance by Joseph L Fitzgibbons on behalf of Avera Health (Fitzgibbons, Joseph)
November 4, 2011	Set Deadline: Defendant Avera Health's LR 7.1 Disclosure Statement due by 12/04/2011: Action taken pursuant to #6 Motion for Extension of Time to File Responsive Pleading (kfs)
October 5, 2011	Filing 4 PURSUANT to Local Rule 7.1 Disclosure Statement by Estate of Katherine Lynn Stream (Humphrey, Marc)
September 16, 2011	Filing 3 Summons Issued as to Defendants Avera Health, Dariush Ghaffari, Primary Urgent Care PC and Primary Urgent Health Care PC**PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**(Attachment #1 New Civil Case Packet) (kfs)
September 16, 2011	Filing 2 COMPLAINT and Jury Demand against All Defendants. (Filing fee $ 350 receipt number 0862-1274209.), filed by Estate of Katherine Lynn Stream, Rick Stream, Susan Stream, Marley Rose Stream. Scheduling Report due by 1/27/2012 (Attachments: #1 Civil Cover Sheet) (Humphrey, Marc) Modified on 9/16/2011 to update text per call from attorneys office. (src)
September 16, 2011	Filing 1 NOTICE of New Case Filing by All Plaintiffs. (skm)
September 16, 2011	Set Deadlines: Check Status Deadline for Complaint to be filed by 9/23/2011. (skm)
September 16, 2011	Judge Mark W Bennett and Chief Magistrate Paul A Zoss added. Conflicts checked, none found. (skm)

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Plaintiff: Estate of Katherine Lynn Stream
Represented By:	Marc A Humphrey
Represented By:	Stuart L Higgins
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Plaintiff: Susan Stream
Represented By:	Marc A Humphrey
Represented By:	Stuart L Higgins
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Plaintiff: Marley Rose Stream
Represented By:	Marc A Humphrey
Represented By:	Stuart L Higgins
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Plaintiff: Rick Stream
Represented By:	Marc A Humphrey
Represented By:	Stuart L Higgins
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Defendant: Avera Health a South Dakota corporation doing business as Avera McKennan Hospital and University Health Center
Represented By:	Joseph L Fitzgibbons
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Defendant: Primary Urgent Care, PC
Represented By:	John C Gray
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Defendant: Dr Dariush Ghaffari
Represented By:	Lee D. Thibodeaux
Represented By:	Robert J Swift
Represented By:	Ronald E Frank
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Defendant: Medical Associates PC
Represented By:	Joseph L Fitzgibbons
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