LEARY v. UPMC SHADYSIDE et al
| CAROL LEARY |
| UPMC SHADYSIDE and FOROZAN NAVID |
| 2:2014cv00620 |
| May 13, 2014 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| XX US, Outside State |
| Mark R Hornak |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Defendant |
Docket Report
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This docket was last retrieved on September 5, 2014. A more recent docket listing may be available from PACER.
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Remark: The signed certified mail card from the 8/25/14 mailing to Carol Leary was returned to Chambers on 9/5/14. (jad)
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Remark: A letter, along with #33 Minute Entry and the ECF filing receipt; ECF receipt of the text-order filed 8/22/14; #34 Memorandum Opinion and the ECF filing receipt; and, #35 Order and the ECF filing receipt, was mailed via certified and regular mail to Ms. Leary on 8/25/14. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 35
ORDER. It is hereby ORDERED that the case is DISMISSED WITHOUT PREJUDICE for the reasons set forth in #34 Memorandum Opinion. Signed by Judge Mark R. Hornak on 8/22/14. (bdb)
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Filing 34
MEMORANDUM OPINION. Signed by Judge Mark R. Hornak on 8/22/14. (bdb)
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ORDER OF COURT. This action is hereby reopened on the docket of this Court. Signed by Judge Mark R. Hornak on 8/22/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 33
Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 8/21/14. (Court Reporter: Sandra Wenger) (bdb)
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Filing 32
RESPONSE IN OPPOSITION to #30 Motion to Dismiss, filed by CAROL LEARY. (Attachment: #1 Envelope) (jsp)
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Remark: The signed certified mail card from the 8/7/14 mailing to Carol Leary was returned to Chambers on 8/14/14. (jad)
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Filing 31
Errata re #30 Motion to Dismiss by FOROZAN NAVID, UPMC SHADYSIDE. Reason for Correction: correcting signature requirement. (Attachments: #1 Proposed Order) (Chajson, Howard)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #30 Motion to Dismiss. ERROR: Signature on document (Chajson) and filer (Lynn) do not match. CORRECTION: Attorney advised of signature requirements. Attorney to promptly resubmit the document using the Errata event located under "Other Documents" in the electronic filing system. Filer should link the Errata to Document #30 . Filer should not use the motion event. This message is for informational purposes only. (jsp)
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Remark: A letter enclosing a a text-order / ECF filing receipt filed on 8/6/14 was mailed via regular and certified mail to Carol Leary on 8/7/14. (jad)
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Filing 30
MOTION to Dismiss by FOROZAN NAVID, UPMC SHADYSIDE. (Attachments: #1 Proposed Order) (Lynn, James)
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SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 8/21/14 at 1:30 PM before Judge Mark R. Hornak. Plaintiff, Carol Leary, is directed to contact Chambers at 412-208-7433 by 4:00 PM on 8/15/14 with her preferred contact number for the conference. The Court will initiate the call. Signed by Judge Mark R. Hornak on 8/6/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 29
Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 6/4/14. (Court Reporter: Sandra Wenger) (jad)
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ORDER STAYING CASE. It is hereby ORDERED that the case is STAYED and administratively CLOSED for a period of 60 days. As this case plainly involves a claim brought only for damages suffered by the decedent and the estate of that decedent, Plaintiff must retain counsel to represent the interests of the estate in this matter pursuant to the rules of law set out in In re Estate of Rowley, 84 A.3d 337(Pa. Commw. Ct. 2013). The Court has ordered this case stayed to afford Plaintiff an opportunity to consult with and retain counsel. This Order is without prejudice to the rights of any party to file any necessary pleadings relative to Fed.R.Civ.P. 12 should the case be reopened. Signed by Judge Mark R. Hornak on 6/4/14. (bdb)
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Remark: The signed certified mail cards from the 5/15/14 and 5/20/14 mailings to Carol Leary were returned to Chambers on 5/29/14. (jad)
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Filing 28
NOTICE of Substitution of Attorney Appearance by James B. Lynn on behalf of FOROZAN NAVID, UPMC SHADYSIDE. Attorney Melvin F. O'Brien terminated. (Lynn, James)
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w/ #26 , #27 , DEMAND for Trial by Jury by FOROZAN NAVID, UPMC SHADYSIDE. (jsp) Modified on 5/27/2014. (jsp)
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Filing 27
NOTICE of Appearance by James B. Lynn on behalf of FOROZAN NAVID, UPMC SHADYSIDE. (Lynn, James)
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Filing 26
NOTICE of Appearance by Howard A. Chajson on behalf of FOROZAN NAVID, UPMC SHADYSIDE. (Chajson, Howard)
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Remark: A letter enclosing a a text-order / ECF filing receipt filed on 5/19/14 were mailed via regular and certified mail to Carol Leary on 5/20/14. (jad)
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SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 6/4/14 at 11:00 AM before Judge Mark R. Hornak. Plaintiff shall contact Chambers by 6/2/14 at 4:00 PM at 412-208-7433 with her preferred contact number for the conference. The Court will initiate the call. Signed by Judge Mark R. Hornak on 5/19/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Remark: A letter, along with #24 Notice and the ECF filing receipt, and #25 Order on Motion Practice and the ECF filing receipt, were mailed via regular and certified mail to Ms. Leary on 5/15/14. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 25
ORDER ON MOTION PRACTICE. Signed by Judge Mark R. Hornak on 5/14/14. (bdb)
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Filing 24
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (bdb)
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Filing 23
Case transferred in from District of West Virginia Northern; Case Number 1:14-cv-00040. Original file certified copy of transfer order and docket sheet received.
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Filing 22
TRANSFER ORDER; Pursuant to 28 U.S.C. 1404(a), the Court TRANSFERS this case to the Western District of Pennsylvania. Signed by District Judge Irene M. Keeley on 5/13/2014. (Copy counsel of record via CM/ECF, pro se plaintiff via certified mail, Clerk of US District Court Western District of Pennsylvania via CM/ECF) (jmm)
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Filing 21
REPORT of Rule 26(f) Planning Meeting. (O'Brien, Melvin)
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Filing 20
RETURN RECEIPT as to #19 REPORT AND RECOMMENDATION/OPINION. SERVICE ACCEPTED on no date given. (jmm)
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Filing 19
REPORT AND RECOMMENDATION/OPINION re: #9 MOTION to Dismiss filed by UPMC Shadyside, Forozan Navid, #1 Complaint filed by Estate of Vada Ramsey, Carol Leary, Administrator: The Magistrate RECOMMENDS that Defendants' #9 Motion to Dismiss be granted and that the Estate's #1 Complaint be dismissed without prejudice. Written objections may be filed within 14 days after being served. Signed by Magistrate Judge John S. Kaull on 5/6/14. (Attachments: #1 Certified Mail Return Receipt)(copy Plaintiff)(cnd) Modified document type on 5/6/2014 (cnd).
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Filing 18
Opposition To Motion To Dismiss re #9 MOTION to Dismiss filed by Estate of Vada Ramsey, Carol Leary, Administrator. (jmm)
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Filing 17
SUMMONS Returned Executed as to Forozan Navid served on 4/17/2014. (jmm)
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Filing 16
SUMMONS Returned Executed as to UPMC Shadyside served on 4/17/2014. (jmm)
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Filing 15
RETURN RECEIPT as to #13 Roseboro Notice. SERVICE ACCEPTED on 4/14/2014. (jmm)
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Filing 14
RETURN RECEIPT as to #12 Order Referring Case to Magistrate Judge. SERVICE ACCEPTED on 4/14/2014. (jmm)
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Filing 13
ROSEBORO NOTICE: re #9 MOTION to Dismiss filed by UPMC Shadyside, Forozan Navid. Within 30 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge John S. Kaull on 4/11/2014. (Copy counsel of record via CM/ECF, pro se plaintiff via certified mail)(jmm) (Additional attachment(s) added on 4/11/2014: #1 Certified Mail Return Receipt) (jmm).
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Filing 12
ORDER OF REFERRAL: Court REFERS this action to the Honorable John S. Kaull who is authorized and designated to consider the record and rule on motions. Signed by District Judge Irene M. Keeley on 4/11/2014. (Copy JSK, Counsel of record via CM/ECF, pro se plaintiff via certified mail)(jmm) (Additional attachment(s) added on 4/11/2014: #1 Certified Mail Return Receipt) (jmm).
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Filing 11
RETURN RECEIPT as to #10 First Order. SERVICE ACCEPTED on 4/8/2014. (jmm)
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Filing 10
FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 4/29/2014. Rule 26 Meeting Report due by 5/13/2014. Scheduling Conference set for 5/27/2014 02:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Discovery due by 5/29/2014. Signed by District Judge Irene M. Keeley on 4/7/14. (Attachments: #1 Certified Mail Return Receipt)(copy Plaintiff)(cnd)
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Filing 9
MOTION to Dismiss by Forozan Navid, UPMC Shadyside. (Attachments: #1 Attachment Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Affidavit of Forozan Navid, M.D., #3 Exhibit Affidavit of William Shaffner, Esq.)(O'Brien, Melvin)
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Filing 8
RETURN RECEIPT as to #6 Notice Of General Guidelines. SERVICE ACCEPTED on 3/15/2014. (jmm)
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Filing 7
RETURN RECEIPT as to #5 Notice Of General Guidelines for Appearing Pro Se In Federal Court. SERVICE ACCEPTED on 3/12/2014. (jmm)
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Filing 6
AMENDED Notice Of General Guidelines for Appearing Pro Se In Federal Court (copy pro se plaintiff via certified mail) (jmm) (Additional attachment(s) added on 3/13/2014: #1 Certified Mail Return Receipt) (jmm).
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Filing 5
Notice Of General Guidelines for Appearing Pro Se In Federal Court by clerk to pro se plaintiff by cert. mail. (jmm) (Additional attachment(s) added on 3/10/2014: #1 Certified Mail Return Receipt) (jmm).
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Filing 2
Filing fee: $ 400.00, receipt number WVNC000911 (jmm)
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Filing 1
COMPLAINT against Forozan Navid, UPMC Shadyside, filed by Estate of Vada Ramsey Carol Leary, Administrator. (Attachments: #1 Civil Cover Sheet)(jmm)
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