Nicholas v. Mobile Infirmary Association et al
Brendalyn C. Nicholas |
Vascular Associates of South Alabama, LLC, Benjamin J. Makamson and Mobile Infirmary Association |
1:2020cv00021 |
January 10, 2020 |
US District Court for the Southern District of Alabama |
Mobile Office |
Kristi K DuBose |
Katherine P Nelson |
Civil Rights: Other |
42 U.S.C. § 2000 |
Plaintiff |
Docket Report
This docket was last retrieved on March 3, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 77 SECOND AMENDED COMPLAINT against Benjamin J. Makamson, Mobile Infirmary Association, Vascular Associates of South Alabama, LLC, filed by Brendalyn C. Nicholas. (nah) |
Filing 76 Order GRANTING #66 MOTION for Leave to File Second Amended Complaint by Brendalyn C. Nicholas. The Clerk is DIRECTED to docket Doc. 66-1 as the Plaintiff's Second Amended Complaint. Defendants shall respond to Plaintiff's Second Amended Complaint in accordance with the Federal Rules of Civil Procedure. Signed by Chief Judge Kristi K. DuBose on 03/03/2020. (nah) |
Filing 75 Order setting Scheduling Conference by telephone for 3/10/2020 at 11:00 AM before Magistrate Judge Katherine P. Nelson. See call in information in order. Signed by Magistrate Judge Katherine P. Nelson on 03/02/2020. (nah) |
REFERRAL OF #74 Report of Rule 26(f) Planning Meeting to Judge Nelson. (cmj) |
Filing 74 REPORT of Rule 26(f) Planning Meeting . (LaTrace, Rick) |
Filing 73 RESPONSE to Motion re: #66 for Leave to File Second Amended Complaint filed by Benjamin J. Makamson. (McDill, Jessica) |
REFERRAL OF #73 Response to Motion for Leave to File Second Amended Complaint to Judge DuBose. (nah) |
REFERRAL OF #72 Response to Plaintiff's Motion for Leave to File Second Amended Complaint to Judge DuBose. (nah) |
Filing 72 RESPONSE to #71 Order, Set Deadlines, #66 to Plaintiff's Motion for Leave to File Second Amended Complaint filed by Vascular Associates of South Alabama, LLC. (Gilmore, Carla) |
Filing 71 Order re: #66 MOTION for Leave to File Second Amended Complaint filed by Brendalyn C. Nicholas. Defendants response due by 1/29/2020, Plaintiff reply due by 2/5/2020. Signed by Chief Judge Kristi K. DuBose on 01/15/2020. (nah) |
Filing 70 TEXT-ONLY ORDER on #19 , #21 Disclosure Statements filed by Mobile Infirmary Association and Vascular Associates of South Alabama, LLC. The disclosure statements substantively comply with S.D. Ala. CivLR 7.1, and a review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 1/14/2020. (ctn) |
Filing 69 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 2/27/2020. Signed by Magistrate Judge Katherine P. Nelson on 01/13/2020. (Attachments: #1 Consent Form) (nah) |
Filing 68 Case transferred in from District of Alabama Middle; Case Number 2:18-cv-01073. Original file certified copy of transfer order and docket sheet received. |
Filing 67 MEMORANDUM OPINION: it is ORDERED that Def Makamson's Motion to Dismiss or Transfer Venue (Doc. #43 ), Def Mobile Infirmary Association's Restated Motion to Transfer Venue (Doc. #44 ), and Def Vascular Associates of South Alabama's Motion to Dismiss or, in the Alternative, to Transfer Venue (Doc. #46 ) are GRANTED to the extent that venue will be transferred. It is further ORDERED that this case be TRANSFERRED to the United States District Court for the Southern District of Alabama. Signed by Honorable Judge Susan Russ Walker on 1/10/2020. (cnw, ) [Transferred from Alabama Middle on 1/10/2020.] |
Case transferred to Southern District of Alabama. Electronically transferred via CM/ECF transfer to Clerk. (cnw, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 66 MOTION for Leave to File Second Amended Complaint by Brendalyn C. Nicholas. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 65 Case Reassigned to Honorable Judge Susan Russ Walker as presiding judge; Honorable Judge Jerusha T. Adams no longer assigned to the case. (kr, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 64 Case Reassigned to Honorable Judge Jerusha T. Adams as presiding judge; Honorable Judge Susan Russ Walker no longer assigned to the case. (kr, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 63 NOTICE of ERROR re #59 Affidavit re #41 Amended Complaint and #60 Affidavit re #48 Response in Opposition to Motion, which are hereby STRICKEN as as erroneous duplicate docket entries; See docs #61 and #62 for correct entries. (kr, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 62 NOTICE by Brendalyn C. Nicholas re #48 Response in Opposition to Motion Verification Filing (Attachments: #1 Exhibit 1)(McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 61 NOTICE by Brendalyn C. Nicholas re #41 Amended Complaint Verification Filing (Attachments: #1 Exhibit 1)(McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 60 (STRICKEN AS AN ERRONEOUS DUPLICATE DOCKET ENTRY - SEE DOC #62 FOR CORRECT ENTRY) AFFIDAVIT re #48 Response in Opposition to Motion by Brendalyn C. Nicholas. (McGuire, Joseph) Modified on 9/10/2019 (kr, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 59 (STRICKEN AS AN ERRONEOUS DUPLICATE DOCKET ENTRY - SEE DOC #61 FOR CORRECT ENTRY) AFFIDAVIT re #41 Amended Complaint by Brendalyn C. Nicholas. (McGuire, Joseph) Modified on 9/10/2019 (kr, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 58 TEXT ORDER granting #53 Motion for Leave to File Verifications. Signed by Honorable Judge Susan Russ Walker on 9/4/2019. (No pdf attached to this entry) (kr, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 57 REPLY to #49 Response to Motion re #43 MOTION to Dismiss or Transfer Venue MOTION to Change Venue filed by Benjamin J. Makamson. (McDill, Jessica) Modified on 9/3/2019 to add link to #49 Response (kr, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 56 REPLY to #48 Response to Motion re #44 MOTION to Change Venue filed by Mobile Infirmary Association. (Collins, Cecilia) Modified on 8/30/2019 to clarify the docket text & add link to #48 Response (cnw, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 55 REPLY to Plaintiff's #50 Response in Opposition to Motion to #46 Dismiss/Change of Venue) filed by Vascular Associates of South Alabama, LLC. (Gilmore, Carla) Modified on 8/30/2019 to clarify the docket text (cnw, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 54 NOTICE of Re-submission of Affidavit of Andrew Radoszewski by Vascular Associates of South Alabama, LLC re #46 MOTION to Dismiss or, in the Alternative, MOTION to Transfer Venue (Attachments: #1 Affidavit of Andrew Radoszewski)(Gilmore, Carla) Modified on 8/30/2019 to clarify the docket text (cnw, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 53 MOTION for Leave to File Verifications (re: Doc 41, Doc 48) by Brendalyn C. Nicholas. (Attachments: #1 Exhibit A, #2 Exhibit B)(McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 52 TEXT ORDER granting #51 Motion for Leave to File /Resubmit Affidavit. Signed by Honorable Judge Susan Russ Walker on 08/29/2019. (No pdf attached to this entry) (kr, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 51 MOTION for Leave to File /Resubmit Affidavit by Vascular Associates of South Alabama, LLC. (Gilmore, Carla) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 50 RESPONSE in Opposition re #46 MOTION to Dismiss or, in the Alternative, to Transfer Venue MOTION to Change Venue filed by Brendalyn C. Nicholas. (McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 49 RESPONSE in Opposition re #43 MOTION to Dismiss or Transfer Venue MOTION to Change Venue filed by Brendalyn C. Nicholas. (McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 48 RESPONSE in Opposition re #44 MOTION to Change Venue and Response to Answer #45 filed by Brendalyn C. Nicholas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 47 ORDER re #43 MOTION to Dismiss or Change Venue, #44 MOTION to Change Venue, #46 MOTION to Dismiss or, in the Alternative, to Transfer Venue; it is ORDERED that plaintiff shall respond to the motions separately on or before August 23, 2019; Plaintiff shall not incorporate by reference into any response arguments made in another response; It is further ORDERED that should any defendant wish to file a reply to plaintiff's response to its motion, it may do so on or before August 30, 2019. Signed by Honorable Judge Susan Russ Walker on 8/1/2019. (kr, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 46 MOTION to Dismiss or, in the Alternative,, MOTION to Transfer Venue by Vascular Associates of South Alabama, LLC. (Gilmore, Carla). Added alternative MOTION to Transfer Venue on 8/1/2019 (kr, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 45 ANSWER to #41 Amended Complaint by Mobile Infirmary Association.(Collins, Cecilia) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 44 MOTION to Change Venue by Mobile Infirmary Association. (Attachments: #1 Affidavit Affidavit of Randy Stembridge, #2 Affidavit Affidavit of Candy Knickerbocker)(Collins, Cecilia) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 43 MOTION to Dismiss or Transfer Venue by Benjamin J. Makamson. (McDill, Jessica). Added alternative MOTION to Transfer Venue on 7/30/2019 (cnw, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 42 ORDER re Plaintiff's #41 First Amended Complaint; it is hereby ORDERED that defendant Vascular Associates of South Alabama, LLC's #24 motion to dismiss/transfer venue is DENIED as MOOT; construing the #23 motion to be a motion to dismiss for improper venue/motion to transfer venue; It is likewise DENIED as MOOT; the #25 motion is DENIED with leave to refile after review of the first amended complaint, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 7/22/2019. (kr, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 41 AMENDED COMPLAINT with JURY DEMAND against All Defendants, filed by Brendalyn C. Nicholas.(McGuire, Joseph) Modified on 7/19/2019 to reflect jury demand (kr, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 40 TEXT ORDER: Upon consideration of plf's #34 motion to amend her complaint, to which no party has objected, and for good cause, it is hereby ORDERED that the motion is GRANTED. Plf shall file her amended complaint on or before Wednesday, July 17, 2019. Signed by Honorable Judge Susan Russ Walker on 7/12/2019. (No pdf attached to this entry)(cnw, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 39 RESPONSE to Motion re #34 First MOTION to Amend/Correct #1 Complaint, filed by Benjamin J. Makamson. (McDill, Jessica) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 38 REPLY to Response to Motion re #34 First MOTION to Amend/Correct #1 Complaint, filed by Mobile Infirmary Association. (Collins, Cecilia) Modified on 3/21/2019 to clarify text to reflect as REPLY to #33 RESPONSE in opposition (qc/djy, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 37 REPLY to Response to Motion re #23 MOTION to Change Venue filed by Benjamin J. Makamson. (McDill, Jessica) Modified on 3/21/2019 to clarify text to reflect as REPLY to #31 RESPONSE in opposition (qc/djy, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 36 REPLY to Response to Motion re #24 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by Vascular Associates of South Alabama, LLC. (Gilmore, William) Modified on 3/21/2019 to clarify text to reflect as REPLY to #32 RESPONSE in Opposition (qc/djy, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 35 TEXT ORDER directing that the def respond to plf's #34 MOTION for leave to Amend #1 Complaint on or before 3/26/2019.. Signed by Honorable Judge Susan Russ Walker on 3/19/19. (NO PDF document attached to this notice).(djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 34 First MOTION to Amend/Correct #1 Complaint, by Brendalyn C. Nicholas. (Attachments: #1 Exhibit 1)(McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 33 RESPONSE in Opposition re #25 MOTION to Change Venue , Mobile Infirmary Medical Center filed by Brendalyn C. Nicholas. (McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 32 RESPONSE in Opposition re #24 MOTION to Dismiss or, in the Alternative, to Transfer Venue , Vascular Associates of So. AL filed by Brendalyn C. Nicholas. (McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 31 RESPONSE in Opposition re #23 MOTION to Change Venue , Defendant Makamson filed by Brendalyn C. Nicholas. (McGuire, Joseph) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 30 CONSENT to Jurisdiction by US Magistrate Judge signed by counsel for Brendalyn C. Nicholas. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 29 CONSENT to Jurisdiction by US Magistrate Judge signed by counsel for Mobile Infirmary Association. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 28 CONSENT to Jurisdiction by US Magistrate Judge signed by counsel for Vascular Associates of South Alabama, LLC. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 27 CONSENT to Jurisdiction by US Magistrate Judge signed by counsel for Benjamin J. Makamson. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 26 ORDERED that plaintiff shall respond to the #23 , #24 , and #25 motions separately on or before March 12, 2019. Plaintiff shall not incorporate by reference into any response arguments made in another response. It is further ORDERED that should any defendant wish to file a reply to plaintiff's response to its respective motion, it shall do so on or before March 19, 2019. Additionally, the parties are hereby reminded that each has the right to consent or request reassignment. The parties should now confirm their consent in writing. Accordingly, counsel are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before February 20, 2019. Note: CONSENT FORMS MAY NOW BE SUBMITTED ELECTRONICALLY. Signed by Honorable Judge Susan Russ Walker on 2/14/2019. (kh, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 25 MOTION to Change Venue by Mobile Infirmary Association. (Attachments: #1 Affidavit Affidavit of R. Stembridge, #2 Affidavit Affidavit of C. Knickerbocker)(Collins, Cecilia) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 24 MOTION to Dismiss or, in the Alternative, to Transfer Venue by Vascular Associates of South Alabama, LLC. (Attachments: #1 Exhibit "A" - Affidavit of Andrew Radoszewski)(Gilmore, Carla) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 23 MOTION to Change Venue by Benjamin J. Makamson. (McDill, Jessica) Modified on 7/22/2019 to reflect as construed to be a motion to dismiss for improper venue/motion to transfer venue pursuant to the Court's #42 Order. (kr, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 22 Corporate/Conflict Disclosure Statement by Benjamin J. Makamson re #16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (McDill, Jessica) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 21 Corporate/Conflict Disclosure Statement by Vascular Associates of South Alabama, LLC re #18 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Gilmore, Carla) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 20 TEXT ORDER granting #14 Motion for Extension of Time. Signed by Honorable Judge Susan Russ Walker on 1/23/19. (NO PDF document attached to this notice).(djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 19 Corporate/Conflict Disclosure Statement by Mobile Infirmary Association re #17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Collins, Cecilia) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 18 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Vascular Associates of South Alabama, LLC; Corporate Disclosures due by 2/4/2019. (Attachments: #1 standing order & format)(djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Mobile Infirmary Association; Corporate Disclosures due by 2/4/2019. (Attachments: #1 standing order & format)(djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Benjamin J. Makamson; Corporate Disclosures due by 2/4/2019. (Attachments: #1 standing order & format)(djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 15 NOTICE of Assignment to Magistrate Judge sent to counsel for (defendants) Benjamin J. Makamson, Mobile Infirmary Association. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 14 MOTION for Extension of time to respond re #1 Complaint, by Mobile Infirmary Association. (Collins, Cecilia). Corrected event to reflect as MOTION for Extension of Time to File Answer on 1/23/2019 (qc/djy, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 13 TEXT ORDER granting #12 Motion for Extension of Time to Answer filed by Benjamin J. Makamson. Signed by Honorable Judge Susan Russ Walker on 1/18/2019. (dmn, ) (NO PDF) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 12 MOTION for Extension of Time to File Answer by Benjamin J. Makamson. (McDill, Jessica) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 11 NOTICE of Assignment to Magistrate Judge sent to counsel for (defendant) Vascular Associates of South Alabama, LLC. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 10 NOTICE of Appearance by Carla Cole Gilmore on behalf of Vascular Associates of South Alabama, LLC (Gilmore, Carla) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 9 TEXT ORDER granting #8 Motion for Extension of Time to answer. Signed by Honorable Judge Susan Russ Walker on 1/14/19. (NO PDF Document attached to this notice). (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
***Attorney Laura J. Crissey for Vascular Associates of South Alabama, LLC added pursuant to #8 motion (NO PDF document attached to this notice). (djy, ). [Transferred from Alabama Middle on 1/10/2020.] |
Filing 8 MOTION for Extension of Time to File Answer by Vascular Associates of South Alabama, LLC. (Gilmore, William) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 7 Return Receipt Card showing service of summons & complaint signed by Jenifer Jackson for Benjamin J. Makamson served on 12/31/2018, answer due 1/22/2019. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 6 Return Receipt Card showing service of summons & complaint signed by Jennifer Jackson for Vascular Associates of South Alabama, LLC served on (no date given), answer due 1/22/2019. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 5 Return Receipt Card showing service of summons & complaint signed by Belle Duham for Mobile Infirmary Association served on (no date given), answer due 1/22/2019. (djy, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 4 Summons Issued as to Benjamin J. Makamson, Mobile Infirmary Association, Vascular Associates of South Alabama, LLC and mailed CMRRR with copy of #1 complaint. (kh, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for Brendalyn C. Nicholas (kh, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 2 Corporate/Conflict Disclosure Statement by Brendalyn C. Nicholas. (kh, ) [Transferred from Alabama Middle on 1/10/2020.] |
Filing 1 COMPLAINT against Benjamin J. Makamson, Mobile Infirmary Association, Vascular Associates of South Alabama, LLC ( Filing fee $ 400.00 receipt number 4602051854.), filed by Brendalyn C. Nicholas. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(kh, ) [Transferred from Alabama Middle on 1/10/2020.] |
DEMAND for Trial by Jury by Brendalyn C. Nicholas. (no pdf document attached to this entry - see docket entry #1 for pdf)(kh, ) [Transferred from Alabama Middle on 1/10/2020.] |
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