Adler, et al v. Northside Hospital, et al
Plaintiff: Saul M. Adler
Defendant: James Jose, William Keyes, Kenneth Kupke and Margaret Moore
Petitioner: Gates, Moore and Company
Counter Defendant: Madeleine del Portillo and Adler Neonatology Group, P.C.
Counter Claimant: Northside Hospital, Inc., Neonatology Associates, P.C., Patrick Spafford and Wendy Troyer
Case Number: 1:2003cv01433
Filed: May 22, 2003
Court: US District Court for the Northern District of Georgia
Presiding Judge: Clarence Cooper
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 26 Suit for injunctive relief re violation antitrust laws
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 17, 2004. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2004 Opinion or Order Filing 90 FINAL JUDGMENT AND CONSENT ORDER Signed by Judge Clarence Cooper on 12/17/04. (vs)
November 18, 2004 Filing 89 STIPULATION of Dismissal with prejudice pursuant to FRCP 41.a.1.ii by all parties and aprvd by dep clerk. (vs)
November 18, 2004 Civil Case Terminated. (vs)
August 12, 2004 Submission of #79 MOTION for Protective Order, submitted to District Judge Clarence Cooper. (vs)
August 12, 2004 Submission of 75 Motion to Stay, 82 MOTION to Compel, 83 Response in Opposition to Motion, 76 Motion for Partial Summary Judgmen, Motion for Hearing, Motion for Hearing, 80 MOTION Rule 56(f), 81 MOTION for Extension of Time to respond to dft Northside's pending motions, submitted to District Judge Clarence Cooper. (vs)
August 9, 2004 Opinion or Order Filing 88 CONSENT ORDER re: mediation. Signed by Judge Clarence Cooper on 8/9/04. (vs)
August 3, 2004 Submission of #70 Motion for Protective Order, #84 Response in Opposition to Motion, #86 Reply Brief, #71 Motion to Stay, submitted to District Judge Clarence Cooper. (vs)
July 27, 2004 Filing 87 CERTIFICATE OF SERVICE of discovery materials by Neonatology dfts. (vs)
July 21, 2004 Filing 86 REPLY BRIEF filed by Neonatology dfts re #70 Motion for Protective Order. (vs)
July 21, 2004 Filing 85 NOTICE Of hearing by Plaintiffs. (vs)
July 21, 2004 Filing 83 RESPONSE in Opposition filed by Plaintiffs re 75 dft Northside Hospital Inc.'s Motion to Stay discovery. (vs)
July 20, 2004 Filing 84 RESPONSE in Opposition filed by Saul M. Adler, Adler Neonatology Group, P.C., Madeleine del Portillo re #70 Motion for Protective Order. (Attachments: #1 Exhibit 1#2 Exhibit 2)(vs)
July 19, 2004 Filing 82 MOTION to Compel with Brief In Support by Neonatology dfts (FILED UNDER SEAL) (vs)
July 16, 2004 Filing 81 MOTION for Extension of Time to respond to dft Northside's pending motions with Brief In Support by Saul M. Adler, Adler Neonatology Group, P.C. (FILED UNDER SEAL). (vs)
July 16, 2004 Filing 80 Emergency MOTION for Rule 56(f) with Brief In Support by Saul M. Adler, Adler Neonatology Group, P.C..(FILED UNDER SEAL) (vs)
July 14, 2004 Filing 79 MOTION for Protective Order by Movant (Third Party) Gates, Moore and Company. (Attachments: #1 memo in support)(vs)
July 14, 2004 Filing 78 OBJECTION to subpoena to L. Michael Fleischman and motion to quash with supporting memo. by Neonatology Associates, P.C.. (vs)
July 14, 2004 MOTION to Quash subpoena with Brief In Support filed within objection document #78 by Neonatology Associates, P.C.. (vs)
July 8, 2004 Filing 77 Certificate of service of discovery responses and interrogatories as to plaintiff (vs)
July 7, 2004 Filing 76 MOTION by defendant Northside Hospital for partial summary judgment , and, in the alternative for preliminary evidentiary hearing on the issue of immunity with memo of law in support and stmt of material facts with volumn I - III of exhibits. (FILED UNDER SEAL) (vs)
July 7, 2004 Filing 75 MOTION by defendant Northside Hospital to stay discovery, except discovery related to plas' discrimination claim with brief in support. (FILED UNDER SEAL) (vs)
July 7, 2004 Filing 74 Certificate of service of discovery papers as to defendant Northside Hospital (vs)
July 7, 2004 Filing 73 Request by defendant Northside Hospital for oral argument (vs)
July 6, 2004 Filing 72 Certificate of service of responses to plas' first set of requests for production of documents as to Neonatology defendants (vs)
July 6, 2004 Filing 71 MOTION by Neonatology defendants to stay discovery with brief in support. (vs)
July 6, 2004 Filing 70 MOTION by Neonatology defendants for protective order with brief in support. (vs)
June 18, 2004 Filing 69 Certificate of service of responses to initial disclosure as to defendant Northside Hospital (vs)
June 15, 2004 Filing 68 ANSWERS TO INITIAL DISCLOSURES by Neonatology defendants (vs)
June 8, 2004 Filing 67 Certificate of service of third production request to plas as to defendant Neonatology Associat (vs)
June 7, 2004 Filing 66 Certificate of service of discoery materials as to Neonatology defendants (vs)
June 4, 2004 Filing 65 Certificate of service of discovery materials as to plaintiff (vs)
June 3, 2004 Filing 64 Notice of request for production stmts by Neonatology Dfts. (vs)
June 1, 2004 Filing 63 Certificate of service as to plaintiffs re: Drs. Jim Jose and Pat Spafford's First Interrogatories and Production Request to Plas, Dr. Keyes' Interrogatories Concerning Counterclaim, and Neonatology Assoc. and Dr. Wendy Troyer's Request for Admissions, Interrogatories, and Production Request to Saul M. Adler. (jdb)
May 21, 2004 Filing 62 Notice of discovery plan by Neonatology defendants. (vs)
May 20, 2004 Filing 61 ANSWER by Adler Neonatology Gr, Madeleine del Portillo, Saul M. Adler to counterclaim [57-2] (redacted paragraphs 3-14 and 18 FILED UNDER SEAL). (vs)
May 20, 2004 Filing 60 ANSWER by Adler Neonatology Gr, Madeleine del Portillo, Saul M. Adler to counterclaim [58-2] . (vs)
May 10, 2004 Filing 59 ANSWER by Northside Hospital to second amended complaint [56-1] and COUNTERCLAIM against Adler Neonatology Gr, Madeleine del Portillo, Saul M. Adler (vs)
April 30, 2004 Filing 58 ANSWER to Second Amended Cmp by Neonatology Associat, James Jose, William Keyes, Kenneth Kupke, Margaret Moore, Patrick Spafford, Wendy Troyer to complaint [56-1] and Compulsory COUNTERCLAIM against Adler Neonatology Gr, Madeleine del Portillo, Saul M. Adler (ORIGNAL FILED UNDER SEAL) (vs) Modified on 04/30/2004
April 30, 2004 Filing 57 ANSWER by Northside Hospital to Second Amended complaint [56-1] and COUNTERCLAIM against Adler Neonatology Gr, Madeleine del Portillo, Saul M. Adler Discovery ends 9/27/04 (FILED UNDER SEAL) (vs) Modified on 04/30/2004
April 29, 2004 Filing 56 SECOND AMENDED COMPLAINT by plaintiff; jury demand (redacted portions filed under seal) (vs)
April 29, 2004 Opinion or Order Filing 55 CONSENT ORDER by Judge Clarence Cooper plas agree to dismiss w/o prejudice the Fifteenth Cause of Action, which (as pled in the Amended Cmp) alleged breach of a July 2002 "Confidentiality and Nondisclosure Agreement." Dfts agree that they will not challenge the Second Amended Cmp by filing any pre-discovery Rule 12 motion in response thereto and that they will file and serve their answers to the Second Amended cmp on or before 4/30/04. This litigation will proceed under the Second Amended Cmp. (cc) (vs)
April 28, 2004 Filing 54 TRANSCRIPT filed RE: for dates of March 23, 2004 Court Reporter: Therese J. Vesel, R.D.R. (kac)
April 26, 2004 Steno notes of proceedings held 03/23/04 before Judge Clarence Cooper , by Court Reporter Therese Vesel. (ldp)
April 14, 2004 Filing 53 Redacted portions of original 5/22/03, cmp by plaintiff filed under seal pursuant to Order dated 3/22/04. (vs)
April 14, 2004 Filing 52 REDACTED COMPLAINT (original filed 5/22/03), filed with redacted portions filed under seal pursuant to Order dated 3/22/04. (vs) Modified on 04/14/2004
April 13, 2004 Filing 51 AMENDED COMPLAINT by plaintiff ( non-redacted original filed under seal ) (vs)
April 12, 2004 Opinion or Order Filing 50 ORDER by Judge Clarence Cooper denying Northside's request for permission to seek an interlocutory appeal of the Court's Order denying Northside's Motion to dismiss cnts I and II of the cmp. (cc) (vs)
April 2, 2004 Filing 49 Stipulation that pla may file an amended cmp by 4/13/04; dft may answer or otherwise respond to amended cmp by 4/30/04. (to CC) (vs)
March 31, 2004 Opinion or Order Filing 48 ORDER by Judge Clarence Cooper DENYING Northside's Motion to Dismiss Cnts I and II, DENYING the Neonatology Dft's Motion to Dismiss Antitrust Claims in First and Second Causes of Action, and DENYING ithe Neonatology Dft's Motion to Adopt Northside Hospital's Motion to Dismiss. (cc) (vs)
March 24, 2004 Opinion or Order Filing 45 ORDER by Judge Clarence Cooper GRANTING [12-1] motion to dismiss cnt XIII , DENYING [8-1] motion to dismiss the fifth cause of action by defendants. Pla is ordered to file an amended cmp within 20 days of the date of this order. Pla shall amend the cmp to eliminate all shotgun pldgs ans any redundant, inessential, or argumentative allegations. The amended cmp shall alos reflect that cnt XIII of the original cmp has been dismissed. Any poriton of the amended cmp containing confidential peer review information shall be filed under seal in compliance with theis court's 3/22/04 order. (cc) (vs)
March 23, 2004 Opinion or Order Filing 47 ORDER by Judge Clarence Cooper DENYING [13-1] motion to dismiss counts I, II of the complaint by Northside Hospital (cc) (vs)
March 23, 2004 Filing 46 Motion HEARING held before Judge Clarence Cooper [13-1] motion to dismiss counts I, II, and XIII of the complaint. Court entered order. (vs)
March 22, 2004 Opinion or Order Filing 44 ORDER by Judge Clarence Cooper DENYING [5-1] motion to strike averments about mediation contained within the [1-1] complaint by defendantssssss, DENYING [7-2] motion to dismiss the complaint with leave to replead pursuant to Rule 15(a) by defendantssssss, DENYING [7-1] motion to strike portions of [1-1] complaint by defendants, GRANTING [9-1] motion to file certain portions of the complaint herein under seal, GRANTING [10-1] motion for an order permitting pleadings and evidence containing confidential peer review information to be filed under seal, DENYING [11-1] motion to strike peer review material information contained within [1-1] complaint by defendants, DENYING [20-1] motion to adopt Northside Hospital's motion to dismiss counts I and II of the complaint and response thereto by defendants, GRANTING [25-1] amend/amended motion [11-1] motion to strike peer review material information contained within [1-1] complaint, GRANTING [14-1] motion for oral argument, motion hearing set for , [12-1] motion to dismiss antitrust claims in first and second causes of action 9:30 3/23/04, [8-1] motion to dismiss the fifth cause of action 9:30 3/23/04 ( copies faxed to cnsl by chambers) (vs)
March 17, 2004 Filing 43 Supplemental Brief by defendant Northside Hospital re motions to seal and public rights of acress to confidential information. (vs)
March 17, 2004 Filing 42 Supplemental Memo by plaintiff regarding public access to court files. (vs)
September 8, 2003 SUBMITTED to Judge Clarence Cooper on [12-1] motion to dismiss antitrust claims in first and second causes of action, [34-1] response, [39-1] reply brief (vs)
August 25, 2003 Opinion or Order Filing 41 ORDER by Judge Clarence Cooper GRANTING [38-1] joint motion to extend time thru 08/15/03 within which defendants may file reply briefs to [12-1] plas' memo of law in response to dfts' motion to dismiss antitrust claims in first and second causes of action (cc) (vs)
August 15, 2003 Filing 40 Reply brief to [12-1] motion to dismiss antitrust claims in first and second causes of action by defendant Neonatology Associat . (vs)
August 15, 2003 Filing 39 Reply brief to [13-1] motion to dismiss counts I, II, and XIII of the complaint by defendant Northside Hospital . (vs)
August 12, 2003 SUBMITTED to Judge Clarence Cooper on [20-1] motion to adopt Northside Hospital's motion to dismiss counts I and II of the complaint and response thereto, [14-1] motion for oral argument, [13-1] motion to dismiss counts I, II, and XIII of the complaint, [11-1] motion to strike peer review material information contained within [1-1] complaint, [10-1] motion for an order permitting pleadings and evidence containing confidential peer review information to be filed under seal, [9-1] motion to file certain portions of the complaint herein under seal, [7-1] motion to strike portions of [1-1] complaint, and [7-2] motion to dismiss the complaint with leave to replead pursuant to Rule 15(a). (FILE IN CHAMBERS) (slc)
August 6, 2003 Filing 38 CONSENT MOTION to extend time thru 08/15/03 within which defendants may file reply briefs to [12-1] motion to dismiss antitrust claims in first and second causes of action . (to CC) (slc)
July 31, 2003 Filing 37 Memorandum by plaintiffs in opposition to [13-1] motion to dismiss counts I, and II, of the complaint. (slc)
July 31, 2003 Filing 36 Reply brief in support of [10-1] motion for an order permitting pleadings and evidence containing confidential peer review information to be filed under seal and in support of [9-1] motion to file certain portions of the complaint herein under seal by defendant Northside Hospital. (slc)
July 31, 2003 Opinion or Order Filing 35 ENDORSED ORDER by Judge Clarence Cooper APPROVING [29-1] preliminary statement. (cc) (slc)
July 28, 2003 Filing 34 Memorandum of law by plaintiffs in response to [12-1] motion to dismiss antitrust claims in first and second causes of action. (slc)
July 25, 2003 Filing 33 AMENDED Certificate of interested persons. (to judge) (slc)
July 25, 2003 Filing 32 AMENDED Preliminary Report and Discovery Schedule. (to judge) (slc)
July 23, 2003 Opinion or Order Filing 31 ENDORSED ORDER by Judge Clarence Cooper GRANTING [16-1] pro hac vice application. (cc) (slc)
July 23, 2003 Filing 30 Certificate of interested persons by plaintiff and defendant Northside Hospital. (to judge) (slc)
July 23, 2003 Filing 29 Preliminary Report and Discovery Schedule by plaintiff and defendant Northside Hospital. (to judge) (slc)
July 22, 2003 Filing 28 Response by defendant Northside Hospital to [5-1] motion to strike averments about mediation contained within the [1-1] complaint. (slc)
July 22, 2003 Filing 27 Reply brief in support of [11-1] motion to strike peer review material information contained within [1-1] complaint by Neonatology Associates defendants. (slc)
July 22, 2003 Filing 26 Reply brief in support of [7-1] motion to strike portions of [1-1] complaint, or [7-2] motion to dismiss the complaint with leave to replead pursuant to Rule 15(a) by Neonatology Associates defendants. (slc)
July 18, 2003 Filing 25 Amended MOTION by Neonatology Associates defendants amending [11-1] motion to strike peer review material information contained within [1-1] complaint . (slc)
July 18, 2003 SUBMITTED to Judge Clarence Cooper on [5-1] motion to strike averments about mediation contained within the [1-1] complaint, and [8-1] motion to dismiss the fifth cause of action. (slc)
July 17, 2003 Filing 24 CONSOLIDATED Memorandum by plaintiffs in opposition to [11-1] motion to strike peer review material information contained within [1-1] complaint, [10-1] motion for an order permitting pleadings and evidence containing confidential peer review information to be filed under seal, and [9-1] motion to file certain portions of the complaint herein under seal. (slc)
July 14, 2003 Filing 23 Response by Neonatology Associates defendants to [9-1] motion to file certain portions of the complaint herein under seal. (slc)
July 14, 2003 Filing 22 Reply brief in support of [5-1] motion to strike averments about mediation contained within the [1-1] complaint by Neonatology Associates defendants. (slc)
July 14, 2003 Filing 21 Reply brief in support of [8-1] motion to dismiss the fifth cause of action by Neonatology Associates defendants. (slc)
July 14, 2003 Filing 20 MOTION by Neonatology Associates defendants to adopt Northside Hospital's motion to dismiss counts I and II of the complaint and response thereto with brief in support. (slc)
July 11, 2003 Filing 19 Memorandum by plaintiffs in opposition to [7-1] motion to strike portions of [1-1] complaint, [7-2] motion to dismiss the complaint with leave to replead pursuant to Rule 15(a). (slc)
July 11, 2003 Filing 18 Memorandum by plaintiff in opposition to [5-1] motion to strike averments about mediation contained within the [1-1] complaint. (slc)
July 11, 2003 Filing 17 Memorandum by plaintiffs in opposition to [8-1] motion to dismiss the fifth cause of action. (slc)
July 9, 2003 Filing 15 Stipulation by parties, extending time within which the parties may hold the Rule 26(f) conference for the week of July 14,2003 . (to CC) (slc)
July 8, 2003 Filing 16 Application for admission of Michael R. Bissegger pro hac vice for defendant Neonatology Associates. (to CC) (slc)
June 30, 2003 Filing 14 MOTION by defendant Northside Hospital for oral argument with brief in support. (slc)
June 30, 2003 Filing 13 MOTION by defendant Northside Hospital to dismiss counts I, II, and XIII of the complaint with brief in support. (***Brief FILED UNDER SEAL***) (slc) Modified on 07/03/2003
June 30, 2003 Filing 12 MOTION by Neonatology Associates defendants to dismiss antitrust claims in first and second causes of action with brief in support. (slc)
June 30, 2003 Filing 11 MOTION by Neonatology Associates defendants to strike peer review material information contained within [1-1] complaint with brief in support. (slc)
June 27, 2003 Filing 10 MOTION by defendant Northside Hospital for an order permitting pleadings and evidence containing confidential peer review information to be filed under seal with brief in support. (slc)
June 27, 2003 Filing 9 MOTION by defendant Northside Hospital to file certain portions of the complaint herein under seal with brief in support. (slc)
June 26, 2003 Filing 8 MOTION by Neonatology Associates defendants to dismiss the fifth cause of action with brief in support. (slc)
June 25, 2003 Filing 7 MOTION by Neonatology Associates defendants to strike portions of [1-1] complaint , or to dismiss the complaint with leave to replead pursuant to Rule 15(a) with brief in support. (slc)
June 24, 2003 Filing 6 Attorney appearance for Neonatology defendants by Anthony Cochran, John Knox Larkins Jr., and John D. Dalbey. (slc)
June 23, 2003 Filing 5 MOTION by Neonatology defendants to strike averments about mediation contained within the [1-1] complaint with brief in support. (slc)
June 13, 2003 Opinion or Order Filing 4 ORDER by Judge Clarence Cooper GRANTING [3-1] joint motion to extend time thru 06/30/03 within which defendants may respond to [1-1] complaint. Answer due 6/30/03 for defendants . Also, plaintiffs have through 07/28/03 to respond to any motions defendants file under FRCP 12. (cc) (slc)
June 13, 2003 Added attorneys for defendant Northside Hospital: James Clifton Rawls, Eric Schroeder, and S. Derek Bauer. (slc)
June 13, 2003 Added attorney for defendants Neonatology Associates, James Jose, William Keyes, Kenneth Kupke, Margaret Moore, Patrick Spafford, and Wendy Troyer: Anthony L. Cochran. (slc)
June 6, 2003 Filing 3 CONSENT MOTION to extend time thru 06/30/03 within which defendants may respond to [1-1] complaint , and to extend time thru 07/28/03 within which plaintiff may respond to any motions defendants may file under FRCP 12 . (to CC) (slc)
May 29, 2003 Filing 2 Acknowledgment of service by defendant Northside Hospital executed 5/23/03. (slc)
May 22, 2003 Filing 1 COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 505916 (aet)

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Search for this case: Adler, et al v. Northside Hospital, et al
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Plaintiff: Saul M. Adler
Represented By: Alan Anthony Stevens
Represented By: Benjamin F. Easterlin, IV
Represented By: James W. Boswell, III
Represented By: Jeffrey S. Cashdan
Represented By: Jennifer Riley Vala
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Counter defendant: Madeleine del Portillo
Represented By: Alan Anthony Stevens
Represented By: James W. Boswell, III
Represented By: Jennifer Riley Vala
Represented By: Benjamin F. Easterlin, IV
Represented By: Jeffrey S. Cashdan
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Counter defendant: Adler Neonatology Group, P.C.
Represented By: Alan Anthony Stevens
Represented By: Benjamin F. Easterlin, IV
Represented By: Jeffrey S. Cashdan
Represented By: Jennifer Riley Vala
Represented By: James W. Boswell, III
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Counter claimant: Northside Hospital, Inc.
Represented By: Eric P Schroeder
Represented By: James Clifton Rawls
Represented By: S. Derek Bauer
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Counter claimant: Neonatology Associates, P.C.
Represented By: Anthony L. Cochran
Represented By: John D. Dalbey
Represented By: John Knox Larkins, Jr.
Represented By: Michael R. Bissegger
Represented By: Robert Neal Berg
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Counter claimant: Patrick Spafford
Represented By: Anthony L. Cochran
Represented By: John D. Dalbey
Represented By: John Knox Larkins, Jr.
Represented By: Robert Neal Berg
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Counter claimant: Wendy Troyer
Represented By: Robert Neal Berg
Represented By: John D. Dalbey
Represented By: Anthony L. Cochran
Represented By: John Knox Larkins, Jr.
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Defendant: James Jose
Represented By: John D. Dalbey
Represented By: John Knox Larkins, Jr.
Represented By: Anthony L. Cochran
Represented By: Robert Neal Berg
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Defendant: William Keyes
Represented By: John Knox Larkins, Jr.
Represented By: Robert Neal Berg
Represented By: John D. Dalbey
Represented By: Anthony L. Cochran
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Defendant: Kenneth Kupke
Represented By: John D. Dalbey
Represented By: Anthony L. Cochran
Represented By: John Knox Larkins, Jr.
Represented By: Robert Neal Berg
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Defendant: Margaret Moore
Represented By: Anthony L. Cochran
Represented By: John D. Dalbey
Represented By: John Knox Larkins, Jr.
Represented By: Robert Neal Berg
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Petitioner: Gates, Moore and Company
Represented By: John C. Herman
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