Patel v. Pediatric Orthopaedic Associates, P.C. et al
Plaintiff: Pinecca Patel
Defendant: Michelle Anne Gulley and Pediatric Orthopaedic Associates, P.C.
Case Number: 1:2020cv02200
Filed: May 22, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Regina D Cannon
Referring Judge: Charles A Pannell
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2021 Clerk's Entry of Dismissal APPROVING #54 Stipulation of Dismissal with Prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (tcc)
April 30, 2021 Filing 54 STIPULATION of Dismissal with Prejudice by Pinecca Patel. (Shanlever, Rebecca)
April 20, 2021 Filing 53 STIPULATION of Dismissal with Prejudice of Defendant Michelle Anne Gulley by Pinecca Patel. (Shanlever, Rebecca)
April 20, 2021 Clerk's Entry of Dismissal APPROVING #53 Stipulation of Dismissal with Prejudice of Defendant Michelle Anne Gulley pursuant to Fed.R.Civ.P.41(a) (1)(A)(ii). (tcc)
March 29, 2021 Opinion or Order Filing 52 ORDER - IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE to the right of any party, within the next ninety (90) days, to reopen this action or vacate this order of dismissal. If the action has not been reopened or the court has not received a motion to vacate on or before the time permitted by this order, the action will be dismissed with prejudice. Signed by Judge Charles A. Pannell, Jr. on 3/29/2021. (tcc)
March 29, 2021 Civil Case Terminated. Magistrate Judge Regina D Cannon terminated from case. (tcc)
March 23, 2021 Filing 50 Notice for Leave of Absence for the following date(s): April 5, April 6, April 7, April 8, April 9, 2021, by Rebecca Shanlever. (Shanlever, Rebecca)
March 22, 2021 Filing 51 Minute Entry for proceedings held before Magistrate Judge Linda T. Walker: Settlement Conference held on 3/22/2021. Mediation concluded. (Tape #ZOOM iCloud)(tcc)
March 17, 2021 NOTICE OF VIDEO PROCEEDING : Settlement Conference set for 3/22/2021 at 10:00 AM, before Magistrate Judge Linda T. Walker. Connection Instructions: https://ganduscourts.zoomgov.com/j/1607330445 - - Meeting ID: 160 733 0445 - - Passcode: 412463.You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (slc)
March 10, 2021 Opinion or Order Filing 49 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (mmc) (ADI)
February 9, 2021 NOTICE ZOOM Hearing: The Settlement Conference, previously set for Tuesday, February 9, 2021, is CONTINUED to Monday, March 22, 2021, at 10:00 AM, before Magistrate Judge Linda T. Walker. Zoom Info to follow. (slc)
January 28, 2021 Opinion or Order Filing 48 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (ddm) (ADI)
January 7, 2021 Opinion or Order Filing 47 ORDER - This case has been referred for a settlement conference. Magistrate Judge Linda T. Walker has agreed to conduct such settlement conference. All parties and their lead counsel are ORDERED TO APPEAR before the undersigned magistrate judge on Tuesday, February 9, 2021, at 10:00 A.M., in Courtroom No. 1860, 18th Floor, United States Courthouse Building, 75 Ted Turner Drive, SW, Atlanta, Georgia. Signed by Magistrate Judge Linda T. Walker on 1/7/2021. (tcc)
January 7, 2021 Opinion or Order Filing 46 ORDER GRANTING the parties' #45 Joint Motion for Extension of Time to File Summary Judgment and Request for Settlement Conference. This case is REFERRED to the next available magistrate judge for the purposes of conducting a settlement conference. The #39 Report and Recommendation, #4 Motion to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the alternative, Dismiss Count III of Plaintiff's Complaint, and #42 Motion to Amend the Complaint are all STAYED while the parties engage in this settlement process. The parties are DIRECTED to file a status report within 10 days of the conclusion of the settlement conference. Should no settlement be reached, the court will lift the stay of the R&R and pending motions, and the deadline for the parties to file their summary judgment motions will be 30 days after the court's order ruling on those documents. Signed by Judge Charles A. Pannell, Jr. on 1/7/2021. (acm)
January 7, 2021 CASE REFERRED to Magistrate Judge Linda T. Walker for purposes of conducting a settlement conference, per the #46 Order. (acm)
January 6, 2021 Filing 45 Joint MOTION for Extension of Time to File Summary Judgment and Request Settlement Conference by Pinecca Patel. (Attachments: #1 Text of Proposed Order Extending Time to File Summary Judgment and Ordering Settlement Conference)(Shanlever, Rebecca) . Added MOTION on 1/6/2021 (tcc).
December 31, 2020 (SUBMISSION TERMINATED ON 01/04/2021) Submission of #39 REPORT AND RECOMMENDATION re #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint filed by Michelle Anne Gulley, Pediatric Orthopaedic As, to District Judge Charles A. Pannell Jr.. (tcc) Terminated on 1/4/2021 per the request of counsel in order to file a response to the plaintiff's objections (sap).
December 29, 2020 Filing 44 CERTIFICATE OF SERVICE of Defendant's Supplemental Responses to Plaintiff's First Interrogatories by Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
December 28, 2020 Filing 43 OBJECTIONS to #39 Report and Recommendation filed by Pinecca Patel, Pinecca Patel. (Shanlever, Rebecca)
December 28, 2020 Filing 42 MOTION to Amend Complaint by Pinecca Patel. (Attachments: #1 Exhibit Proposed Amendments to Complaint)(Shanlever, Rebecca)
December 28, 2020 Submission of #39 REPORT AND RECOMMENDATION re #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint filed by Michelle Anne Gulley, Pediatric Orthopaedic As, to Magistrate Judge Regina D Cannon. (tcc)
December 18, 2020 Opinion or Order Filing 41 PROTECTIVE ORDER adopting #38 parties' Consent Motion for Confidentiality and Protective Order. To the extent a provision in the protective order conflicts with the Local Rules, the Federal Rules of Civil Procedure, or other binding law, that provision will be held unenforceable. The Court retains also the discretion to modify the terms of the protective order at any time in this action. Signed by Magistrate Judge Regina D Cannon on 12/18/2020. (bdb)
December 14, 2020 Opinion or Order Filing 40 ORDER for Service of #39 Report and Recommendation,,,, by Magistrate Judge Regina D Cannon. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Regina D Cannon on 12/14/2020. (tmf)
December 14, 2020 Filing 39 REPORT AND RECOMMENDATION re #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint filed by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C.. The undersigned RECOMMENDS that the District Court GRANT IN PART and DENY IN PART Defendants' Motion to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint (Doc. #4 ), as follows: (1) As to Counts I and III against POA, the motion to compel arbitration should be GRANTED and those claims STAYED pending arbitration; (2) As to Count III against Gulley, the motion to compel arbitration should be DENIED; (3) As to Count III against Gulley, the alternative motion to dismiss should be GRANTED and the claim DISMISSED WITH PREJUDICE. (4) As to POA's counterclaim, it should be STAYED pending arbitration. If the District Court adopts this Report and Recommendation, Count II will be Plaintiff's only remaining claim in this litigation. Signed by Magistrate Judge Regina D Cannon on 12/14/2020. (tmf) (Additional attachment(s) added on 12/14/2020: #1 Main Document- Correct PDF) (tmf).
December 14, 2020 Notification of Docket Correction re #39 REPORT AND RECOMMENDATION. (Additional attachment(s) added on 12/14/2020: # 1 Main Document- Correct PDF) (tmf). (tmf)
December 11, 2020 Filing 38 Consent MOTION for Order for Confidentiality and Protective Order by Pinecca Patel. (Attachments: #1 Text of Proposed Order)(Shanlever, Rebecca)
December 9, 2020 Opinion or Order Filing 37 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (ddm) (ADI)
November 24, 2020 Filing 36 CERTIFICATE OF SERVICE Notice of Deposition of Plaintiff by Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
November 11, 2020 Filing 35 NOTICE to Take Deposition of Pediatric Orthopaedic Associates filed by Pinecca Patel (Shanlever, Rebecca)
November 11, 2020 Filing 34 NOTICE to Take Deposition of Michelle Gulley filed by Pinecca Patel (Shanlever, Rebecca)
November 11, 2020 Filing 33 NOTICE to Take Deposition of Timothy Oswald filed by Pinecca Patel (Shanlever, Rebecca)
October 26, 2020 Notification of Docket Correction re Discovery Ends on 12/28/2020. (rlb)
October 21, 2020 Filing 32 Minute Entry for proceedings held before Magistrate Judge Regina D Cannon: Denying #30 Motion to Stay Discovery. In Chambers Telecphone Status Conference held on 10/21/2020. The current discovery deadline, October 29, 2020, is extended for 60 days. (Tape #AT&T)(bdb)
October 21, 2020 Discovery ends on 12/28/2020. (bdb)
October 20, 2020 Filing 31 RESPONSE in Opposition re #30 MOTION to Stay Discovery filed by Pinecca Patel. (Shanlever, Rebecca)
October 16, 2020 NOTICE of TELECONFERENCE Hearing: Status Conference set for 10/21/2020 at 09:00 AM in No Courtroom before Magistrate Judge Regina D Cannon. (pmb)
October 14, 2020 Filing 30 MOTION to Stay Discovery with Brief In Support by Pediatric Orthopaedic Associates, P.C.. (Attachments: #1 Brief Memorandum in Support of Motion to Stay Discovery, #2 Text of Proposed Order)(Harris, Brian)
October 5, 2020 Filing 29 CERTIFICATE OF SERVICE of Defendant Pediatric Orthopaedic Associates, P.C.'s Certificate of Service of Defendant's Responses to First Interrogatories by Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
October 5, 2020 Filing 28 CERTIFICATE OF SERVICE of Defendant Pediatric Orthopaedic Associates, P.C.s Responses to Plaintiffs First Requests for Production of Documents and Electronically Stored Information by Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
October 1, 2020 Filing 27 CERTIFICATE OF SERVICE of Defendant Pediatric Orthopaedic Associates, P.C.s Responses to Plaintiffs First Interrogatories by Pediatric Orthopaedic Associates, P.C..(Knauer, Tali) Modified on 10/2/2020, QC email sent to counsel re Section I.B of the Administrative Procedures and LR 5.1(G) re Counsel Identification (tcc).
October 1, 2020 Filing 26 CERTIFICATE OF SERVICE of Defendant Pediatric Orthopaedic Associates, P.C.s Responses to Plaintiffs First Requests for Production of Documents and Electronically Stored Information by Pediatric Orthopaedic Associates, P.C..(Knauer, Tali) Modified on 10/2/2020, QC email sent to counsel re Section I.B of the Administrative Procedures and LR 5.1(G) re Counsel Identification (tcc).
September 29, 2020 Opinion or Order Filing 25 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (adg) (ADI)
September 10, 2020 Filing 24 CERTIFICATE OF SERVICE filed by Pinecca Patel (Shanlever, Rebecca)
September 2, 2020 Opinion or Order Filing 23 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (aaq) (ADI)
August 31, 2020 Filing 22 NOTICE to Take Deposition of Pinecca Patel filed by Pediatric Orthopaedic Associates, P.C. (Harris, Brian)
August 10, 2020 Filing 21 CERTIFICATE OF SERVICE of Defendant Pediatric Orthopaedic Associates, P.C.'s First Request for Production of Documents to Plaintiff Pinecca Patel by Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
August 10, 2020 Filing 20 CERTIFICATE OF SERVICE of Defendant Pediatric Orthopaedic Associates, P.C.'s First Requests for Admission to Plaintiff Pinecca Patel by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
August 10, 2020 Filing 19 CERTIFICATE OF SERVICE of Defendant Pediatric Orthopaedic Associates, P.C.s First Interrogatories to Plaintiff Pinecca Patel by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
August 4, 2020 Opinion or Order Filing 18 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (jpa) (ADI)
July 13, 2020 Opinion or Order Filing 17 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI)
July 2, 2020 Opinion or Order Filing 16 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (ddm) (ADI)
June 30, 2020 Submission of #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint , to Magistrate Judge Regina D Cannon. (tcc)
June 29, 2020 Filing 15 REPLY BRIEF re #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint filed by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C.. (Harris, Brian)
June 26, 2020 Filing 14 Initial Disclosures by Pinecca Patel.(Shanlever, Rebecca)
June 26, 2020 Filing 13 First Certificate of Interested Persons by Pinecca Patel. (Shanlever, Rebecca)
June 22, 2020 Filing 12 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C.. (Harris, Brian)
June 22, 2020 Filing 11 Initial Disclosures by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C..(Harris, Brian)
June 19, 2020 Filing 10 ANSWER to #5 Counterclaim by Pediatric Orthopaedic Associates, P.C. by Pinecca Patel.(Shanlever, Rebecca) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 16, 2020 Filing 9 Notice for Leave of Absence for the following date(s): 7/6/20, 7/7/20, 7/8/20, 7/9/20, 7/10/20, 7/13/20, 7/14/20, 7/15/20, 7/16/20, 7/17/20, by Rebecca Shanlever. (Shanlever, Rebecca)
June 15, 2020 Filing 8 RESPONSE in Opposition re #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint filed by Pinecca Patel. (Attachments: #1 Exhibit Patel Declaration)(Shanlever, Rebecca)
June 11, 2020 Opinion or Order Filing 7 ORDER granting #6 Consent MOTION for Extension of Time to Respond to Motion to Compel Arbitration re: #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint. Plaintiff shall file a response on or before Monday, June 15,2020. Signed by Magistrate Judge Regina D Cannon on 6/11/2020. (tcc)
June 11, 2020 Filing 6 Consent MOTION for Extension of Time to Respond to Motion to Compel Arbitration re: #4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint by Pinecca Patel. (Attachments: #1 Text of Proposed Order Consent Motion for Extension of Time - Proposed Order)(Shanlever, Rebecca)
May 29, 2020 Filing 5 Defendants' ANSWER to #1 NOTICE OF REMOVAL Exhibit 1 - Complaint ( Discovery ends on 10/26/2020.), COUNTERCLAIM against Pinecca Patel by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C.. (Attachments: #1 Exhibit)(Harris, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 28, 2020 Filing 4 MOTION to Compel Arbitration of Counts I and III of Plaintiff's Complaint, or in the Alternative, Dismiss Count III of Plaintiff's Complaint with Brief In Support by Michelle Anne Gulley, Pediatric Orthopaedic Associates, P.C.. (Attachments: #1 Memorandum in Support of Motion to Compel Arbitration, #2 Exhibit A to Memorandum in Support of Motion to Compel Arbitration, #3 Exhibit B to Memorandum in Support of Motion to Compel Arbitration)(Harris, Brian)
May 27, 2020 Opinion or Order Filing 3 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 5/26/20. (eop)
May 22, 2020 Filing 2 Certificate of Interested Persons by Michelle Anne Gulley and Pediatric Orthopaedic Associates, P.C.. (eop)
May 22, 2020 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Michelle Anne Gulley and Pediatric Orthopaedic Associates, P.C.. (Filing fee $ 400.00 receipt number AGANDC-9723640) (Attachments: #1 Exhibit -A, #2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Pinecca Patel
Represented By: Rebecca Shanlever
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Defendant: Michelle Anne Gulley
Represented By: S. Derek Bauer
Represented By: Brian Michael Harris
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Defendant: Pediatric Orthopaedic Associates, P.C.
Represented By: S. Derek Bauer
Represented By: Brian Michael Harris
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