Berk v. Choy, M.D. et al
| Harold R. Berk and Harold R Berk |
| Wilson C. Choy, M.D. and Beebe Medical Center |
| Encompass Health Rehab |
| 1:2022cv01506 |
| November 18, 2022 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Plaintiff |
Docket Report
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| Filing 20 ANSWER to #1 Complaint (Pro Se), with Affirmative Defenses and CROSSCLAIMS against Wilson C. Choy, M.D. and Encompass Health Rehabilitation Hospital of Middletown, LLC, filed by Beebe Medical Center.(Wolhar, Lorenza) Modified on 1/12/2023 (nms). |
| Filing 19 NOTICE of Appearance by Bradley John Goewert and Lorenza A. Wolhar on behalf of Beebe Medical Center (Goewert, Bradley) Modified on 1/12/2023 (nms). |
| Filing 18 ANSWER to #1 Complaint (Pro Se), with Jury Demand, CROSSCLAIM against All Defendants by Wilson C. Choy, M.D..(Donelson, Matthew) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Beebe Medical Center, Inc. on December 22, 2022, filed by Harold R Berk. (Berk, Harold) |
| Set Answering Brief Deadline re #16 MOTION to Order Defendants to Pay the Cost of Service. Answering Brief/Response due date per Local Rules is 1/23/2023. (nms) |
| Filing 16 MOTION to Order Defendants to Pay the Cost of Service - filed by Harold R Berk. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Berk, Harold) Modified on 1/9/2023 (nms). |
| Filing 15 WAIVER OF SERVICE returned executed by Wilson C. Choy, M.D.: For Wilson C. Choy, M.D. waiver sent on 11/21/2022, answer due 1/20/2023. (Donelson, Matthew) |
| Filing 14 NOTICE of Appearance by John A. Elzufon and Matthew P. Donelson on behalf of Wilson C. Choy, M.D.. (Elzufon, John) Modified on 1/6/2023 (nms). |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint served on Wilson C. Choy, M.D. on December 22, 2022, filed by Harold R Berk. (Berk, Harold) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Beebe Medical Center, Inc. on December 22, 2022, filed by Harold R Berk. (Berk, Harold) |
| Filing 11 WAIVER OF SERVICE returned executed by Encompass Health Rehab: For Encompass Health Rehab waiver sent on 11/21/2022, answer due 1/20/2023. (Shields, Colleen) |
| CORRECTING ENTRY: The waiver of service filed at D.I. 11 on 12/9/2022, has been removed from the docket as an incorrect date was used to set the answer deadline. Defendant inserted 12/9/2022, as the date that the answer should be calculated from, whereas the waiver directed the answer to be filed 60 days from 11/21/2022. Defendant Encompass Health Rehab Hospital of Middletown, LLC is requested to refile the waiver using the correct date. (nms) |
| Set/Reset Answer Deadlines: (nms) |
| Filing 10 NOTICE of Appearance by Colleen D. Shields and Jessica L. Reno on behalf of Encompass Health Rehab. (Shields, Colleen) Modified on 12/12/2022 (nms). |
Filing 9
ORDER Granting #6 Motion to Extend Time for Filing an affidavit of merit to January 23, 2023. Signed by Judge Richard G. Andrews on 11/23/2022. (nms)
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Filing 8
ORDER Granting #5 MOTION to Permit Plaintiff to File Electronically. Signed by Judge Richard G. Andrews on 11/23/2022. (nms)
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| Filing 7 MEMORANDUM in Support re #6 MOTION to Extend Time for Filing Medical Expert Opinion, filed by Harold R. Berk. Answering Brief/Response due date per Local Rules is 12/7/2022. (nms) |
| CORRECTING ENTRY: The brief filed as an attachment to the motion at D.I. 6 has been removed and refiled at D.I. #7 . (nms) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 6 MOTION to Extend Time for Filing Medical Expert Opinion - filed by Harold R. Berk. (Attachments: #2 Proposed Order)(mkr) Modified on 11/23/2022 (nms). |
| Filing 5 MOTION to Permit Plaintiff to File Electronically - filed by Harold R. Berk. (Attachments: #1 Proposed Order) (mkr) Modified on 11/23/2022 (nms). |
| Filing 4 DECLARATION to Complaint filed by Harold R. Berk. (mkr) |
| Filing 3 Summons Issued as to Beebe Medical Center on 11/18/2022; Wilson C. Choy, M.D. on 11/18/2022; and Encompass on 11/18/2022. (Attachments: #1 Summons Issued, #2 Summons Issued)(mkr) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) |
| Filing 1 COMPLAINT filed Pro Se with Jury Demand against Beebe Medical Center, Wilson C. Choy, M.D., and Encompass Health Rehab. (Filing fee $ 402, receipt number 141.) - filed by Harold R. Berk. (Attachments: #1 Cover letter to the Complaint, #2 Exhibit 1, #3 Memorandum to Exhibit 1, #4 Civil Cover Sheet) (mkr) |
| Remark: Magistrate Consent Form, Acknowledgement of Magistrate Consent Form, Rule 4, Acknowledgement of Rule 4, and Privacy Notice has been mailed to Plaintiff. (mkr) |
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