Tusha v. Pediatric Associates, P.A. et al
| Simon Tusha and J. T. |
| Pediatric Associates, P.A. and Ann M Masciantonio, M.D. |
| 1:2021cv00494 |
| April 5, 2021 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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Filing 40
SUR-Reply Brief re #24 MOTION to Dismiss, filed by Simon Tusha. (myr) Modified on 7/15/2021 (nms).
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Filing 39
ORDER: The motions to withdraw (D.I. #34 ; D.I. #35 ) are GRANTED, and the motion for preliminary injunction and protection from abuse order (D.I. #5 ) and the motion for production of documents (D.I. #7 ) are DISMISSED as withdrawn. Signed by Judge Richard G. Andrews on 6/29/2021. (nms)
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Filing 38
CERTIFICATE OF SERVICE for Letter (D.I. #36 ) and Reply Brief (D.I. #38 ), by Ann M Masciantonio, MD, Pediatric Associates, P.A..(Rogin, Alexandra) Modified on 6/28/2021 (nms).
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Filing 37
REPLY BRIEF re #24 MOTION to Dismiss filed by Ann M Masciantonio, MD, Pediatric Associates, P.A.. (Rogin, Alexandra)
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Filing 36
Letter to the Court, from Counsel for Defendants, regarding Plaintiffs' Motions to Withdraw (D.I. #34 ; D.I. #35 ). (Rogin, Alexandra) Modified on 6/29/2021 (nms).
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Filing 35
MOTION to Withdraw Motion for Production of Documents (D.I. #7 ) - filed by Simon Tusha. (apk) Modified on 6/22/2021 (nms).
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Filing 34
MOTION to Withdraw Motion for Preliminary Injunction and protection from abuse order (D.I. #5 ) - filed by Simon Tusha. (apk) Modified on 6/22/2021 (nms).
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Filing 33
REPLY BRIEF in further support re #6 MOTION to Appointment of Guardian ad Litem to Represent Interests of J. T., filed by Simon Tusha. (apk) Modified on 6/22/2021 (nms).
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Filing 32
[SEALED] EXHIBIT re #31 Answering Brief in Opposition by Simon Tusha. (apk)
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Filing 31
ANSWERING BRIEF in Opposition to #24 MOTION to Dismiss, filed by Simon Tusha.Reply Brief due date per Local Rules is 6/28/2021. (Attachments: #1 Letter)(apk) Modified on 6/22/2021 (nms).
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Filing 30
REDACTED VERSION of #25 Sealed Exhibit A, by Ann M Masciantonio, MD, Pediatric Associates, P.A.. (Rogin, Alexandra) Modified on 6/3/2021 (nms).
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REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #25 . (nms)
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Filing 29
ORDER: The request for an extension of time (D.I. #28 ) is GRANTED. Plaintiff Simon Tusha shall file his Answering Brief to Defendants Motion to Dismiss (D.I. #24 ) and his Reply Briefs in further support of his motions(D.I. #5 ; D.I. #6 ; D.I. #7 ) by June 18, 2021. Signed by Judge Richard G. Andrews on 6/1/2021. (nms)
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Filing 28
MOTION for Extension of Time to Respond to Defendants Filings - filed by Simon Tusha. (Attachments: #1 Proposed Order)(apk) Modified on 5/28/2021 (nms).
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Filing 27
ORDER Granting #19 Motion to File Under Seal Exhibit A to Opening Brief in Support of Motion to Dismiss. Signed by Judge Richard G. Andrews on 5/24/2021. (nms)
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Filing 26
OPENING BRIEF in Support re #24 MOTION to Dismiss, filed by Ann M Masciantonio, MD, Pediatric Associates, P.A..Answering Brief/Response due date per Local Rules is 6/4/2021. (Attachments: #1 Certificate of Service)(Rogin, Alexandra) Modified on 5/21/2021 (nms).
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Filing 25
[SEALED] EXHIBIT A to #24 MOTION to Dismiss, by Ann M Masciantonio, MD, Pediatric Associates, P.A.. (Attachments: #1 Certificate of Service)(Rogin, Alexandra) Modified on 5/21/2021 (nms).
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Filing 24
MOTION to Dismiss - filed by Ann M Masciantonio, MD, Pediatric Associates, P.A.. (Attachments: #2 Certificate of Service, #3 Proposed Order)(Rogin, Alexandra) Modified on 5/21/2021 (nms).
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Filing 23
ANSWERING BRIEF in Opposition re #6 MOTION to Appoint ad Litem, filed by Ann M Masciantonio, MD, Pediatric Associates, P.A..Reply Brief due date per Local Rules is 5/28/2021. (Attachments: #1 Certificate of Service, #2 Proposed Order)(Rogin, Alexandra) Modified on 5/21/2021 (nms).
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Filing 22
ANSWERING BRIEF in Opposition re #5 MOTION for Preliminary Injunction and protection from abuse order, filed by Ann M Masciantonio, MD, Pediatric Associates, P.A..Reply Brief due date per Local Rules is 5/28/2021. (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Proposed Order)(Rogin, Alexandra) Modified on 5/21/2021 (nms).
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Filing 21
ANSWERING BRIEF in Opposition re #7 MOTION for Production of Documents, filed by Ann M Masciantonio, MD, Pediatric Associates, P.A..Reply Brief due date per Local Rules is 5/28/2021. (Attachments: #1 Certificate of Service, #2 Proposed Order)(Rogin, Alexandra) Modified on 5/21/2021 (nms).
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Filing 19
MOTION to File Under Seal Exhibit A to Opening Brief in Support of Motion to Dismiss - filed by Ann M Masciantonio, MD, Pediatric Associates, P.A.. (Attachments: #1 Proposed Order)(Rogin, Alexandra) Modified on 5/21/2021 (nms).
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CORRECTING ENTRY: The brief filed as an attachment to the motion at D.I. #24 has been removed. Motions and briefs are to be filed independent of each other. Counsel is to refile the brief accordingly. (nms)
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CORRECTING ENTRY: The sealed exhibit filed at D.I. 20 has been removed from the docket as it was incompletely formatted. The filing lacked a captioned cover page with the party names, case number, and title describing what the filing is/or contains. Counsel is to refile accordingly. (nms)
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Filing 18
Duplicate SUMMONS Returned Executed as to non-party Jennifer Lathem
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CORRECTING ENTRY: The pdf for D.I. 15 has been replaced with a corrected version. The minor child's name has been redacted. (nms)
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Filing 17
SUMMONS Returned Executed on 4/19/2021 as to non-party Jennifer Lathem. (amf)
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Filing 16
RESPONSE to #13 JOINT Motion for Extension of Time, filed by Simon Tusha. (amf) Modified on 4/23/2021 (nms).
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Filing 15
NOTICE OF SERVICE of Notice of Appearance of Colleen D. Shields and Alexandra D. Rogin (D.I. #11 ), filed by Ann M Masciantonio, MD, Pediatric Associates, P.A..(Shields, Colleen) (Main Document 15 replaced on 4/26/2021) (nms). Modified on 4/26/2021 (nms).
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Filing 14
ORDER Granting #13 JOINT Motion for Extension of Time (*Reset Answer Deadlines: Ann M Masciantonio, MD answer due 5/21/2021; Pediatric Associates, P.A. answer due 5/21/2021). Signed by Judge Richard G. Andrews on 4/23/2021. (nms)
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DEFICIENCY NOTICE by the Court issued re #11 Notice of Appearance, filed by Eckert Seamans Cherin & Mellott, LLC on behalf of Defendants. The filing is not compliant with Local Rule 5.2(b)(1). Counsel for Defendants shall supplement the docket accordingly.. (nms)
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Reset Briefing Schedules per D.I. #14 : Answering Briefs re #6 MOTION for Appointment of Guardian Ad Litem, #7 MOTION for Production of Documents, #5 MOTION for Preliminary Injunction and Protection From Abuse Order are now due 5/21/2021. (nms)
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Filing 13
JOINT Motion for Extension of Time - filed by Ann M Masciantonio, MD, Pediatric Associates, P.A.. (Attachments: #1 Proposed Order)(Casale, Phillip) Modified on 4/23/2021 (nms).
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Filing 12
NOTICE of Appearance by Phillip Casale on behalf of Ann M Masciantonio, MD (Casale, Phillip)
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Filing 11
NOTICE of Appearance by Alexandra Rogin on behalf of All Defendants (Rogin, Alexandra)
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Filing 10
SUMMONS Returned Executed by Simon Tusha and J. T.. Pediatric Associates, P.A. served on 4/5/2021, answer due 4/26/2021. (mal) (Main Document 9 replaced on 4/8/2021 with one of the Plaintiffs' name redacted)
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Filing 9
SUMMONS Returned Executed by Simon Tusha and J. T.. Ann M Masciantonio, MD served on 4/5/2021, answer due 4/26/2021. (mal) (Main Document 9 replaced on 4/8/2021 with one of the Plaintiffs' name redacted)
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Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
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Filing 8
ACKNOWLEDGMENT OF RECEIPT of Rule 4 and Magistrate consent forms. Acknowledgment filed by Simon Tusha. (Attachments: #1 Acknowledgement of Rule 4) (sam)
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Filing 7
MOTION for Production of Documents - filed by J. T., Simon Tusha. (sam)
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Filing 6
MOTION to Appointment of Guardian ad Litem to Represent Interests of J. T. - filed by J. T., Simon Tusha. (sam)
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Filing 5
MOTION for Preliminary Injunction and protection from abuse order - filed by J. T., Simon Tusha. (sam)
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Filing 4
AFFIDAVIT of Jessica Harp, LPC re #1 Complaint (Pro Se), filed by J. T., Simon Tusha. (sam)
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Filing 3
[SEALED] EXHIBIT re #1 Complaint (Pro Se), by J. T., Simon Tusha. (Attachments: #1 Exhibit 4-A, #2 Exhibit 4-B, #3 Exhibit 4-C, #4 Exhibit 4-D)(sam)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam)
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Filing 1
COMPLAINT filed Pro Se with Jury Demand against Ann M Masciantonio, MD, Pediatric Associates, P.A. ( Filing fee $ 402, receipt number DEX035430.) - filed by Simon Tusha, J. T. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 3a, #4 Cover Letter, #5 Civil Cover Sheet)(sam) (Attachment 1 replaced on 4/7/2021) (sam). (Attachment 2 replaced on 4/7/2021) (sam).
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Summons Issued as to Ann M Masciantonio, MD, Pediatric Associates, P.A.. (sam)
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