Phillips v. Posey
Plaintiff: Tracey R Phillips
Defendant: Andrew Posey and United States of America
Case Number: 2:2022cv00860
Filed: July 12, 2022
Court: US District Court for the Northern District of Alabama
Presiding Judge: John H England
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2022 Opinion or Order Filing 17 DISMISSAL ORDER-In accordance with the memorandum opinion entered contemporaneously herewith, the United States' motion to dismiss for lack of jurisdiction, #4 , is GRANTED. This action is DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge John H England, III on 09/08/2022. (AKD)
September 8, 2022 Opinion or Order Filing 16 MEMORANDUM OPINION. Signed by Magistrate Judge John H England, III on 09/0/2022. (AKD)
August 29, 2022 Opinion or Order Filing 15 REPLY to Response to Motion re #4 MOTION to Dismiss for Lack of Jurisdiction w/ Brief in Support filed by United States of America. (Hood, Jack)
August 26, 2022 Opinion or Order Filing 14 RESPONSE in Opposition #4 MOTION to Dismiss for Lack of Jurisdiction filed by Tracey R Phillips. (JLC)
August 12, 2022 Opinion or Order Filing 13 ORDER re #4 MOTION to Dismiss filed by Andrew Posey; Accordingly, having granted the motion to substitute the United States as Defendant, Phillips will have until Friday, August 26, 2022, to file any opposition to the motion to dismiss. Phillips has not hired an attorney and is representing herself in this case. Accordingly, she is responsible for submitting a timely response. Signed by Magistrate Judge John H England, III on 08/12/2022. (AKD)
August 11, 2022 Opinion or Order Filing 12 ORDER-Upon application of the United States and for good cause shown, the United States of America is substituted pursuant to 42 U.S.C. 233(c) for defendant Dr. Andrew Posey for the cause(s) of action directed against said individual defendant. The United States shall have 60 days after entry of this Order to serve its answer or other responsive pleading. United States of America added. Andrew Posey (Dr.) terminated. Signed by Magistrate Judge John H England, III on 08/11/2022. (AKD)
August 11, 2022 Opinion or Order Filing 11 INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Magistrate Judge John H England, III on 08/11/2022. (AKD)
August 11, 2022 Opinion or Order Filing 10 CONSENT to Jurisdiction by US Magistrate Judge (AKD)
August 11, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge John H England, III: Telephone Conference held on 8/11/2022 (MRR, )
July 14, 2022 Opinion or Order Filing 9 TEXT ORDER granting the #8 Motion to Stay. The deadline to hold the initial meeting of the parties and to begin discovery in this case is STAYED until there is a ruling on the pending motion to dismiss. Signed by Magistrate Judge John H. England, III on 7/14/2022. (CLS2)
July 14, 2022 Opinion or Order Filing 8 MOTION to Stay Initial Meeting of Parties and Discovery by Andrew Posey. (Hood, Jack)
July 13, 2022 Opinion or Order Filing 7 ORDER REGARDING COMPLIANCE WITH RULE 26(f). Signed by Magistrate Judge John H England, III on 07/13/2022. (AKD)
July 13, 2022 Opinion or Order Filing 6 ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than August 26, 2022. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after August 26, 2022. A telephone status conference is hereby SET for August 11, 2022 at 11:00 a.m. The parties are DIRECTED to call 877-873-8017 to access the telephone conference. The access code is 4577302. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge John H England, III on 07/13/2022. (AKD)
July 12, 2022 Opinion or Order Filing 5 TEXT ORDER setting motion deadline for #3 Motion to Substitute Party and setting motion deadline for #4 Motion to Dismiss for Lack of Jurisdiction. Any opposition to either motion must be filed by July 26, 2022. Signed by Magistrate Judge John H. England, III on 07/12/2022. (CLS2)
July 12, 2022 Opinion or Order Filing 4 MOTION to Dismiss for Lack of Jurisdiction w/ Brief in Support by Andrew Posey. (Hood, Jack)
July 12, 2022 Opinion or Order Filing 3 MOTION to Substitute Party United States as Defendant Motion is RIPE 7/12/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Andrew Posey. (Hood, Jack) Modified on 8/11/2022 (AKD, ).
July 12, 2022 Opinion or Order Filing 2 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD)
July 12, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Andrew Posey from Circuit Court Bessemer Division Jefferson County AL, case number 68-CV-2021-00057.00., filed by Andrew Posey.(AKD)
July 12, 2022 Opinion or Order Complaint deemed filed in Circuit Court of Jefferson County AL, Bessemer Division on 12-8-21. (page 7) (AKD)

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Plaintiff: Tracey R Phillips
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Defendant: Andrew Posey
Represented By: Prim F. Escalona, US Attorney
Represented By: Jack B Hood
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Defendant: United States of America
Represented By: Jack B Hood
Represented By: Prim F. Escalona, US Attorney
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