Hamrac v. Mizes et al
| John David Hamrac |
| St Mary's Physicians Services LLC and Craig B Mizes |
| 4:2021cv00292 |
| April 13, 2021 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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Filing 82
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #81 Motion to Withdraw as Attorney. Attorney Laura E. Bates terminated. Signed by Judge James M. Moody Jr. on 7/20/22. (dpb)
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Filing 81
MOTION to Withdraw as Attorney by St Mary's Physicians Services LLC (Bates, Laura)
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Filing 80
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #79 Motion to Withdraw as Attorney. Attorney David P. Glover terminated. Signed by Judge James M. Moody Jr. on 5/24/22. (dpb)
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Filing 79
MOTION to Withdraw as Attorney by St Mary's Physicians Services LLC (Glover, David)
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Filing 78
ORDER granting #74 Defendant St. Mary's Physician Services, LLC's ("SMPS") motion to compel payment of expert fees; foreclosing Plaintiff from challenging the fees after accepting the terms of the fee schedule and proceeding with the deposition; and awarding Defendant $500 in attorney's fees for having to file this motion. Signed by Judge James M. Moody Jr. on 05/03/2022. (llg)
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Filing 77
BRIEF IN SUPPORT re #76 Response in Opposition to Motion filed by John David Hamrac. (Cowan, Benjamin)
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Filing 76
RESPONSE in Opposition re #74 MOTION to Compel Payment of Expert Fees filed by John David Hamrac. (Cowan, Benjamin)
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Filing 75
BRIEF IN SUPPORT re #74 Motion to Compel, Payment of Expert Fees filed by St Mary's Physicians Services LLC. (Jung, David)
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Filing 74
MOTION to Compel Payment of Expert Fees by St Mary's Physicians Services LLC (Attachments: #1 Exhibit 1 - Excerpt from Deposition of Richard Schmidt, Jr., #2 Exhibit 2 - Disclosure of Richard Schmidt, Jr., #3 Exhibit 3 - Pre-deposition Email to Plaintiff re Richard Schmidt, Jr.'s Invoice with Enclosure, #4 Exhibit 4 - Email Exchange between Counsel, #5 Exhibit 5 - Email from Chambers)(Jung, David)
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Filing 73
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #72 Motion for Leave to File. SMPS is granted leave to file its motion to compel payment of expert witness fees. Signed by Judge James M. Moody Jr. on 4/21/22. (dpb)
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Filing 72
MOTION for Leave to File Motion to Compel Payment of Expert Fees with Supporting Materials by St Mary's Physicians Services LLC (Attachments: #1 Exhibit A - Motion to Compel with Exhibits, #2 Exhibit B - Brief in Support of Motion to Compel)(Jung, David)
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Filing 71
AMENDED FINAL SCHEDULING ORDER: Jury Trial set sometime during the week of 3/27/2023 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Amended Pretrial Disclosure Sheet due by 2/27/2023. Signed at the Direction of the Court on 4/18/2022. (kog)
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Filing 70
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:TELEPHONE CONFERENCE held on 4/13/2022. After discussion with the parties, the Court continues the jury trial currently set for May 2, 2022. An amended scheduling order with a new trial date is forthcoming. Counsel for Plaintiff - Benjamin Patrick Cowan; Counsel for Defendant Mizes - Timothy Boone, Mary Carol Young; Counsel for Defendant St. Mary's Physicians Services - David Jung (Court Reporter Karen Dellinger.) (kog)
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Filing 69
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: TELEPHONE CONFERENCE set for 4/13/2022 at 8:30 AM before Judge James M. Moody Jr. (kog)
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Filing 68
PRETRIAL DISCLOSURE SHEET by Craig B Mizes, St Mary's Physicians Services LLC. (Boone, Timothy)
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Filing 67
PRETRIAL DISCLOSURE SHEET by John David Hamrac. (Cowan, Benjamin)
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Filing 66
Corporate Disclosure Statement (Rule 7.1) by St Mary's Physicians Services LLC (Jung, David)
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Filing 65
ANSWER to #62 Amended Complaint with Jury Demand by Craig B Mizes.(Boone, Timothy)
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Filing 64
Deficiency Letter from Clerk of Court re #4 Answer notifying party that a Corporate Disclosure Statement was not filed with first appearance, pleading, petition, motion response, or other request (F.R.Cv.P. 7.1). (jak)
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Filing 63
Separate Defendant St. Mary's Physicians Services, LLC'S Answer to Plaintiff's First Amended Complaint ANSWER to #62 Amended Complaint with Jury Demand by St Mary's Physicians Services LLC.(Jung, David)
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Filing 62
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by John David Hamrac(Cowan, Benjamin)
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Filing 61
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #60 Motion for Leave to File. Signed by Judge James M. Moody Jr. on 3/30/2022. (dpb)
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Filing 60
MOTION for Leave to File by John David Hamrac (Attachments: #1 Document Proposed First Amended Complaint)(Cowan, Benjamin)
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Filing 59
RESPONSE re #53 Response to Statement of Facts by Craig B Mizes (Hill, Zachary)
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Filing 58
REPLY to Response to Motion re #43 First MOTION in Limine filed by Craig B Mizes. (Hill, Zachary)
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Filing 57
REPLY to Response to Motion re #40 Joint MOTION for Summary Judgment filed by Craig B Mizes. (Attachments: #1 Exhibit deposition, #2 Exhibit deposition)(Hill, Zachary)
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Filing 56
ORDER denying, without prejudice to refiling in compliance with Local Rule 5.5(e), #55 Motion For Leave to File Amended Complaint. Signed by Judge James M. Moody Jr. on 03/29/2022. (llg)
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Filing 55
MOTION for Leave to File First Amended Complaint by John David Hamrac (Attachments: #1 Document Proposed First Amended Complaint)(Cowan, Benjamin)
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Filing 54
RESPONSE to Motion re #43 First MOTION in Limine filed by John David Hamrac. (Cowan, Benjamin)
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Filing 53
RESPONSE re #42 Statement of Facts (Local Rule 56.1) filed by John David Hamrac. (Cowan, Benjamin)
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Filing 52
BRIEF IN SUPPORT re #51 Response to Motion filed by John David Hamrac. (Cowan, Benjamin)
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Filing 51
RESPONSE to Motion re #40 Joint MOTION for Summary Judgment filed by John David Hamrac. (Cowan, Benjamin)
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Filing 50
REPLY to Response to Motion re #37 MOTION for Summary Judgment filed by St Mary's Physicians Services LLC. (Cox, Laura)
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Filing 49
RESPONSE re #39 Statement of Facts (Local Rule 56.1) filed by John David Hamrac. (Cowan, Benjamin)
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Filing 48
BRIEF IN SUPPORT re #47 Response in Opposition to Motion, filed by John David Hamrac. (Cowan, Benjamin)
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Filing 47
RESPONSE in Opposition re #37 MOTION for Summary Judgment filed by John David Hamrac. (Attachments: #1 Exhibit One - Deposition Excerpts of Carolina Vargas, #2 Exhibit Two - Deposition Excerpts of Gale Hamrac, #3 Exhibit Three - Deposition Excerpts of Johndavid Hamrac, #4 Exhibit Four - Deposition Excerpts of Craig Mizes, #5 Exhibit Five - Deposition Excerpts of Dr. Henry Simmons)(Cowan, Benjamin)
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Filing 46
ORDER denying #30 Plaintiff's motion to compel. Signed by Judge James M. Moody Jr. on 03/15/2022. (llg)
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Filing 45
RESPONSE to Motion re #30 MOTION to Compel 30(b)(6) Deposition Separate Defendant St. Mary's Physicians Services, LLC's Memorandum Response to Plaintiff's Motion to Compel 30(b)(6) Deposition filed by St Mary's Physicians Services LLC. (Attachments: #1 Exhibit A - email chain, #2 Exhibit B - Declaration of Heather Shemake, #3 Exhibit C - Awad expert opinion)(Jung, David)
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Filing 44
BRIEF IN SUPPORT re #43 Motion in Limine filed by Craig B Mizes. (Hill, Zachary)
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Filing 43
First MOTION in Limine by Craig B Mizes (Hill, Zachary)
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Filing 42
STATEMENT OF FACTS (Local Rule 56.1) re #40 Motion for Summary Judgment, #41 Brief in Support filed by Craig B Mizes. (Hill, Zachary)
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Filing 41
BRIEF IN SUPPORT re #40 Motion for Summary Judgment filed by Craig B Mizes. (Hill, Zachary)
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Filing 40
Joint MOTION for Summary Judgment by Craig B Mizes (Attachments: #1 Exhibit deposition, #2 Exhibit deposition, #3 Exhibit deposition, #4 Exhibit deposition, #5 Exhibit deposition, #6 Exhibit deposition)(Hill, Zachary)
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Filing 39
STATEMENT OF FACTS (Local Rule 56.1) re #37 Motion for Summary Judgment filed by St Mary's Physicians Services LLC. (Cox, Laura)
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Filing 38
BRIEF IN SUPPORT re #37 Motion for Summary Judgment filed by St Mary's Physicians Services LLC. (Cox, Laura)
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Filing 37
MOTION for Summary Judgment by St Mary's Physicians Services LLC (Attachments: #1 Exhibit Excerpts of the Deposition of Dr. Awad)(Cox, Laura)
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Filing 36
STATUS REPORT by John David Hamrac. (Cowan, Benjamin)
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Filing 35
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.: TELEPHONIC PRETRIAL CONFERENCE held on 3/3/2022. After argument from counsel, the Court denied #26 Motion to Continue. Defendants response to #30 Motion to Compel 30(b)(6) due by March 8, 2022. Counsel for Plaintiff - Patrick Cowan; Counsel for Defendant Craig Mizes - Tim Boone, Mary Carole Young; Counsel for Defendant St. Mary's Physicians Services LLC - David Jung (Court Reporter: Karen Dellinger.) (kog)
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Filing 34
STATUS REPORT by St Mary's Physicians Services LLC. (Jung, David)
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Filing 33
STATUS REPORT by Craig B Mizes. (Young, Mary)
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Filing 32
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: TELEPHONIC PRETRIAL CONFERENCE set for 3/3/2022 at 10:00 AM before Judge James M. Moody Jr.(kog)
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Filing 31
BRIEF IN SUPPORT re #30 Motion to Compel, 30(b)(6) Deposition filed by John David Hamrac. (Cowan, Benjamin)
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Filing 30
MOTION to Compel 30(b)(6) Deposition by John David Hamrac (Attachments: #1 Exhibit 1 - Feb 18 Email correspondence, #2 Exhibit 1A - Draft 30(b)(6) Notice of Deposition, #3 Exhibit 2 - Feb 27 Email Correspondence, #4 Exhibit 3 - Feb 28 Email Correspondence, #5 Exhibit 3A - Objections to Plaintiffs Notice of 30(b)(6) Deposition, #6 Exhibit 4 - Excerpts from Defendant Mizes Jan 21 Deposition)(Cowan, Benjamin)
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Filing 29
REPLY to Response to Motion re #26 MOTION to Continue filed by John David Hamrac. (Attachments: #1 Exhibit A - February 18, 2022 Email from Counsel for St. Mary's Physician Services, LLC)(Cowan, Benjamin)
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Filing 28
RESPONSE to Motion re #26 MOTION to Continue Separate Defendant St. Mary's Physicians Services, LLC's Memorandum Response to Plaintiff's Motion for Continuance filed by St Mary's Physicians Services LLC. (Attachments: #1 Exhibit A. Dec. 8, 2021 email from plaintiff's counsel, #2 Exhibit B. Defendants' expert disclosures (Schmidt), #3 Exhibit C. Defendants' expert disclosures (Mizes), #4 Exhibit D. Feb. 14, 2022 email from plaintiff, #5 Exhibit E. Feb. 15, 2022 email from defendant)(Jung, David)
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Filing 27
RESPONSE to Motion re #26 MOTION to Continue filed by Craig B Mizes. (Young, Mary)
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Filing 26
MOTION to Continue by John David Hamrac (Attachments: #1 Exhibit One - Plaintiff's First Email to Defense Counsel, #2 Exhibit Two - Plaintiff's Second Email Attempt to Confer)(Cowan, Benjamin)
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Filing 25
ORDER granting #22 Defendants' separate motions to strike Plaintiff's designation of expert witness, or in the alternative, motions to compel with expedited ruling; and ordering the Plaintiff to produce Samir Awad, M.D. for deposition by 2/25/2022. If Plaintiff fails to produce the witness by that date, upon notification by Defendants the Court will schedule a hearing to show cause why the witness designation should not be struck. Signed by Judge James M. Moody Jr. on 2/15/2022. (kdr)
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Filing 24
MOTION to Strike Plaintiff's Designation of Expert Witnesses or, in the Alternative, Motion to Compel with Expedited Ruling by St Mary's Physicians Services LLC (Attachments: #1 Exhibit 1-3-22 Letter to Plaintiff, #2 Exhibit 1-19-22 Email to Plaintiff)(Jung, David)
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Filing 23
BRIEF IN SUPPORT re #22 Motion to Strike, filed by Craig B Mizes. (Young, Mary)
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Filing 22
MOTION to Strike Plaintiff's Designation of Expert Witness, or Alternative Mtn to Compel with Expedited Ruling by Craig B Mizes (Attachments: #1 Exhibit Plf Expert Disclosure, #2 Exhibit 12.8.2021 Email Corr, #3 Exhibit 12.9.2021 Email Corr, #4 Exhibit 1.3.2022 Corr, #5 Exhibit 1.14.2022 Corr)(Young, Mary)
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Filing 21
AMENDED ANSWER to PLAINTIFF'S COMPLAINT with Jury Demand by St Mary's Physicians Services LLC (Glover, David)
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Filing 20
AMENDED ANSWER to COMPLAINT by Craig B Mizes (Boone, Timothy)
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Filing 19
AMENDED FINAL SCHEDULING ORDER: Jury Trial set sometime during the week of 5/2/2022 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 3/1/2022; Motions due by 3/8/2022; Pretrial Disclosure Sheet due by 4/4/2022; Status Report due by 3/8/2022. Signed at the Direction of the Court on 11/17/2021. (kog)
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #12 Motion for Leave to File. Dr. Mizes's motion for leave to file an amended answer is granted. Signed by Judge James M. Moody Jr. on 11/17/21. (dpb)
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Filing 17
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #11 Motion for Leave to File. St. Mary's motion for leave to file an amended answer is granted. Signed by Judge James M. Moody Jr. on 11/17/21. (dpb)
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part #14 Motion to Continue. The Court will extend the due date for all expert disclosures by 20 days and also extend the motions deadline by 20 days. The trial date will not be continued. An amended scheduling order will be entered. Signed by Judge James M. Moody Jr. on 11/17/21. (dpb)
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Filing 15
RESPONSE to Motion re #14 MOTION to Continue filed by Craig B Mizes. (Boone, Timothy)
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Filing 14
MOTION to Continue by John David Hamrac (Cowan, Benjamin)
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Filing 13
BRIEF IN SUPPORT re #12 Motion for Leave to File AMENDED ANSWER ALLEGING NON-PARTY FAULT OR, IN THE ALTERNATIVE, MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT filed by Craig B Mizes. (Boone, Timothy)
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Filing 12
MOTION for Leave to File AMENDED ANSWER ALLEGING NON-PARTY FAULT OR, IN THE ALTERNATIVE, MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT by Craig B Mizes (Attachments: #1 Exhibit A, #2 Exhibit B)(Boone, Timothy)
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Filing 11
MOTION for Leave to File Amended Answer to Plaintiff's Complaint by St Mary's Physicians Services LLC (Attachments: #1 Exhibit Separate Defendant St. Mary's Physicians Services, LLC's Amended Answer to Plaintiff's Complaint)(Jung, David)
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Filing 10
AGREED PROTECTIVE ORDER. Signed by Judge James M. Moody Jr. on 06/16/2021. (llg)
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Filing 9
FINAL SCHEDULING ORDER: Jury Trial set sometime during the week of 5/2/2022 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 2/9/2022; Motions due by 2/16/2022; Pretrial Disclosure Sheet due by 4/4/2022; Status Report due by 3/8/2022. Signed at the Direction of the Court on 6/15/2021. (kog)
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Filing 8
REPORT of Rule 26(f) Planning Meeting by Craig B Mizes, St Mary's Physicians Services LLC. and Plaintiff John David Hamrac (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Glover, David)
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(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) DOCKET NOTE: This case is assigned to the docket of United States District James M. Moody Jr. Magistrate Judge Edie R. Ervin is now associated to this case due to the retirement of Magistrate Judge Beth Deere. Signed at the Direction of the Court on 6/1/2021. (ajt)
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Filing 7
INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 6/22/2021; Rule 26(f) Report due by 7/6/2021. Proposed Jury Trial set sometime during the week of 5/2/2022 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Signed at the Direction of the Court on 5/17/2021. (Attachments: #1 Proposed Final Scheduling Order)(kog)
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Filing 6
NOTICE of Appearance by Mary Carole Young on behalf of Craig B Mizes (Young, Mary)
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Filing 5
NOTICE of Appearance by Zachary Richmond Hill on behalf of Craig B Mizes (Hill, Zachary)
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Filing 4
ANSWER to #2 Complaint with Jury Demand by St Mary's Physicians Services LLC.(Cox, Laura)
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Filing 3
ANSWER to #2 Complaint with Jury Demand by Craig B Mizes.(Boone, Timothy)
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Filing 2
COMPLAINT with Jury Demand against All Defendants filed by John David Hamrac. (llg)
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Filing 1
NOTICE OF REMOVAL by St Mary's Physicians Services LLC from Pope County Circuit Court, case number 58CV-21-96. Fee of $402 paid, receipt number LIT081564. (Attachment: #1 Civil Cover Sheet) (llg)
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