Arnold v. Emory St. Joseph's Hospital
| Kimberly Arnold |
| Emory Healthcare, Inc and Emory St. Joseph's Hospital |
| 1:2021cv01746 |
| April 27, 2021 |
| US District Court for the Northern District of Georgia |
| Steve C Jones |
| P.I.: Other |
| 42 U.S.C. § 1395 Exam & Treatment Emergency Med Cond & Women in Labor |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 Mail Returned as Undeliverable. Mail sent to Kimberly Arnold re #54 Order, #55 Clerk's Judgment returned via USPS marked "Return to Sender". (ddm) |
| Filing 55 CLERK'S JUDGMENT entered in favor of Defendants against Plaintiff dismissing action. (ddm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 54
ORDER GRANTING Defendants' Motion to Dismiss Amended Complaint (Doc. No. #32 ). The other pending motions in this action (Doc. Nos. #36 ; #43 ; #49 ) are DENIED. Nothing else remaining for this Court's consideration, the Court DIRECTS the Clerk to enter Judgment for Defendants and against Plaintiff and to CLOSE this case. Signed by Judge Steve C. Jones on 07/25/2022. (ddm)
|
| Clerk's Certificate of Mailing as to Kimberly Arnold re #54 Order, #55 Clerk's Judgment. (ddm) |
| Civil Case Terminated. (ddm) |
| Filing 53 Mail Returned as Undeliverable. Mail sent to Kimberly Arnold re #28 Order returned via USPS marked "Return to Sender". (ddm) |
| Filing 52 Application for Leave of Absence for the following date(s): May 31, 2022 through June 7, 2022 and June 20, 2022 through July 1, 2022 filed by Robert Charles Threlkeld. (Threlkeld, Robert) Modified on 3/25/2022 to edit docket text (ddm). |
| Submission of #49 MOTION for Sanctions and Attorney Fees to District Judge Steve C. Jones. (pdw) |
| Submission of #43 MOTION for Partial Summary Judgment, to District Judge Steve C. Jones. (pdw) |
| Filing 51 Application for Leave of Absence for the following date(s): 5/27/22, 5/28/22, 5/29/22, 5/30/22, 5/31/22, 6/1/22, 6/2/22, 6/3/22, by Elliott Coward. (Coward, Elliott) |
| Filing 50 RESPONSE re #49 MOTION for SanctionsMOTION for Attorney Fees filed by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 49 MOTION for Sanctions and MOTION for Attorney Fees pursuant to Rule 11 of the Federal Rules of Civil Procedure filed by Kimberly Arnold. (ddm) |
| Filing 48 Response to Statement of Material Facts re #43 MOTION for Partial Summary Judgment filed by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 47 RESPONSE re #43 MOTION for Partial Summary Judgment filed by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Submission of #36 MOTION to Quash Non-Issued Documents styled as Subpoenas, #32 MOTION to Dismiss Amended Complaint, to District Judge Steve C. Jones. (pdw) |
| Filing 46 RESPONSE in Opposition re #44 MOTION for Extension of Time to File Response to Plaintiff's Motion for Partial Summary Judgment re: #43 MOTION for Partial Summary Judgment filed by Kimberly Arnold. (rsg) |
| Clerk's Certificate of Mailing as to Kimberly Arnold re #45 Order. (ddm) |
|
Filing 45
ORDER granting #35 Defendant's Motion to Stay Discovery and discovery in this action is stayed pending resolution of the #32 Motion to Dismiss. The #39 Motion for a Status Conference is denied and the Court defers ruling on the #36 Motion to Quash until the parties comply with the Court's Standing Order concerning discovery disputes. Defendants' #44 Motion for Extension of Time to Respond is granted. Defendants shall respond to Plaintiff's Motion for Partial Summary Judgment by no later than February 7, 2022. Signed by Judge Steve C. Jones on 1/05/2022. (ddm)
|
| Filing 44 MOTION for Extension of Time to File Response to Plaintiff's Motion for Partial Summary Judgment re: #43 MOTION for Partial Summary Judgment by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 43 MOTION for Partial Summary Judgment filed by Kimberly Arnold. (Attachments: #1 Statement of Material Facts, #2 Certificate of Service)(ddm) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 42 RESPONSE in Opposition to #39 Defendants' MOTION to Request Court to Schedule Status Conference filed by Kimberly Arnold. (Attachments: #1 Certificate of Service)(ddm) |
| Filing 41 RESPONSE in Opposition to #35 Motion to Stay Discovery filed by Kimberly Arnold. (ddm) |
| Filing 40 RESPONSE in Opposition to #36 Motion to Quash Non-Issued Documents styled as Subpoenas and Brief in Support thereof to Document Request to Produce Documents, Information or Objects filed by Kimberly Arnold. (Attachments: #1 Certificate of Service)(ddm) |
| Filing 39 MOTION Request for Court to Schedule Status Conference with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Attachments: #1 Exhibit Exhibit to Mtn to Req. Status Conference)(Coward, Elliott) |
| Filing 38 Withdrawal of Motion #37 MOTION Request for Court to Schedule Status Conference filed by Emory St. Joseph's Hospital, Emory Healthcare, Inc filed by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Coward, Elliott) |
| Filing 37 MOTION Request for Court to Schedule Status Conference with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Attachments: #1 Exhibit Exhibits to Motion)(Coward, Elliott) |
| Filing 36 MOTION to Quash Non-Issued Documents styled as Subpoenas with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 35 MOTION to Stay Discovery with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 34 RESPONSE in Opposition to #32 Defendant's Motion to Dismiss Amended Complaint filed by Kimberly Arnold. (Attachments: #1 Sealed Exhibit B, #2 Sealed Exhibit D)(ddm) |
| Filing 33 AMENDED COMPLAINT for Misconduct Under Local Rule 83.1(F)(3) against Emory Healthcare, Inc, Emory St. Joseph's Hospital filed by Kimberly Arnold.(ddm) 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. |
| Filing 32 MOTION to Dismiss Amended Complaint with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 31 ANSWER to #30 Amended Complaint by Emory Healthcare, Inc, Emory St. Joseph's Hospital.(Threlkeld, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 30 AMENDED COMPLAINT against Emory St. Joseph's Hospital, with Jury Demand, filed by Kimberly Arnold.(ddm) 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. |
| Filing 29 NOTICE of Change of Address for Kimberly Arnold. (ddm) |
|
Filing 28
ORDER granting #22 Motion for Leave to File Motion to Strike. The Court ORDERS Plaintiff to file her motion to strike within twenty-one (21) days of the date of this Order. Plaintiff's Motion for Leave to File Amended Complaint (Doc. No. #24 ) is GRANTED. Because the Court is unsure whether Plaintiff intends for all the attachments in Doc. No. #24 to be attached to the amended complaint, the Court ORDERS Plaintiff to file her intended Amended Complaint and attachments within twenty-one (21) days of the date of this Order. Because the Court is allowing Plaintiff to file an Amended Complaint, Defendants' Motion to Dismiss (Doc. No. #16 ) and Plaintiff's Motion for Leave to File Response in Opposition to Motion to Dismiss (Doc. No. #23 ) are DENIED as moot. Signed by Judge Steve C. Jones on 11/16/2021. (rsg)
|
| Clerk's Certificate of Mailing as to Kimberly Arnold re #28 Order on Motion for Leave to File, Order on Motion to Dismiss for Failure to State a Claim. (rsg) |
| Submission of #22 MOTION for Leave to File Motion to Strike, #23 MOTION for Leave to File Response in Opposition to Defendant's Motion to Dismiss, #24 MOTION for Leave to File Amended Complaint, to District Judge Steve C. Jones. (ddm) |
| Submission of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Steve C. Jones. (ddm) |
| Filing 27 RESPONSE re #24 MOTION for Leave to File Amended Complaint filed by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 26 RESPONSE re #23 MOTION for Leave to File Response in Opposition to Defendant's Motion to Dismiss filed by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 25 RESPONSE re #22 MOTION for Leave to File Motion to Strike filed by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 24 MOTION for Leave to File Amended Complaint by Kimberly Arnold. (rsg) Modified on 8/6/2021 to separate pleadings(rsg). (Additional attachment(s) added on 8/6/2021: #1 Motion, #2 Brief, #3 Proposed Amended Complaint, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit A, #17 Exhibit B) (rsg). |
| Filing 23 MOTION for Leave to File Response in Opposition to Defendant's Motion to Dismiss filed by Kimberly Arnold. (ddm) |
| Filing 22 MOTION for Leave to File Motion to Strike filed by Kimberly Arnold. (ddm) |
| Filing 21 NOTICE of Change of Address for Kimberly Arnold. (ddm) |
|
Filing 20
ORDER granting Defendants' Motions for Leave to File Under Seal [15,18]. Signed by Judge Steve C. Jones on 7/23/2021. (ddm)
|
| Filing 19 Certificate of Interested Persons and Corporate Disclosure Statement by Emory Healthcare, Inc, Emory St. Joseph's Hospital identifying Corporate Parent Emory Healthcare, Inc. for Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Threlkeld, Robert) |
| Filing 18 MOTION for Leave to File Matters Under Seal re: #17 Notice of Filing, with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Attachments: #1 Brief Brief in Support of Motion)(Threlkeld, Robert) |
| Filing 17 SEALED NOTICE Of Filing Provisionally Sealed Exhibit 1 to MTD/Medical Record by Emory Healthcare, Inc, Emory St. Joseph's Hospital re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Threlkeld, Robert) Modified on 7/23/2021 to remove the word Provisionally from the entry (ddm). |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Attachments: #1 Brief Brief in Support of Motion, #2 Exhibit Slip Sheet/Provisionally Sealed Exhibit)(Threlkeld, Robert) |
| Filing 15 MOTION for Leave to File Matters Under Seal re: #14 Notice of Filing with Brief In Support by Emory Healthcare, Inc, Emory St. Joseph's Hospital. (Attachments: #1 Brief Brief in Support of Motion, #2 Text of Proposed Order Proposed Order)(Threlkeld, Robert) |
| Filing 14 SEALED NOTICE Of Filing Provisionally Sealed Exhibit 1 to Answer/Medical Record by Emory Healthcare, Inc, Emory St. Joseph's Hospital re #13 Answer to Complaint, (Threlkeld, Robert) Modified on 7/23/2021 to remove the word Provisionally from the entry (ddm). |
| Filing 13 ANSWER to #4 COMPLAINT with Jury Demand by Emory Healthcare, Inc, Emory St. Joseph's Hospital. Discovery ends on 12/20/2021. (Attachments: #1 Exhibit Slip Sheet/Under Seal)(Threlkeld, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Clerk's Certificate of Mailing as to Kimberly Arnold re #20 Order. (ddm) |
| Filing 12 Mail Returned as Undeliverable. Mail sent to Kimberly Arnold re #11 Waiver of Service Executed. (rsg) |
| Clerk's Certificate of Mailing as to Kimberly Arnold re #11 Waiver of Service Executed. (rsg) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Emory St. Joseph's Hospital, Emory Healthcare, Inc. (rsg) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Emory Healthcare, Inc. Emory Healthcare, Inc waiver mailed on 5/24/2021, answer due 7/23/2021. (Threlkeld, Robert) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Emory St. Joseph's Hospital. Emory St. Joseph's Hospital waiver mailed on 5/24/2021, answer due 7/23/2021. (Threlkeld, Robert) |
| Filing 8 REQUEST FOR WAIVER of Service (including copies of #4 Complaint, #5 Order and #6 Initial Disclosures) mailed to Emory St. Joseph's Hospital on 5/24/2021. If waiver not returned by 6/25/2021, prepare personal service package. (ddm) |
| Filing 7 REQUEST FOR WAIVER of Service (including copies of #4 Complaint, #5 Order and #6 Initial Disclosures) mailed to Emory Healthcare, Inc. on 5/24/2021. If waiver not returned by 6/25/2021, prepare personal service package. (ddm) |
| Filing 6 Initial Disclosures filed by Kimberly Arnold.(ddm) |
| Completed Summons and USM 285 forms received per #5 Order. (ddm) |
|
Filing 5
ORDER: The Court ORDERS that: (1) Plaintiff's stabilization claim under EMTALA 42 U.S.C. 1395dd(b)(1) is frivolous and therefore DISMISSED without prejudice; and (2) Plaintiff's screening claim under EMTALA 42 U.S.C. 1395dd(a) survives frivolity review under 28 U.S.C. 1915(e) and may proceed for further factual development. Thus, the Court DIRECTS the Clerk to terminate submission of the Complaint for a frivolity review. The Court further DIRECTS the Clerk to send Plaintiff sufficient copies of the following forms: USM 285 form, summons, and the initial disclosures form. The Court DIRECTS Plaintiff to complete the USM 285 form, the summons, and the initial disclosures form and to return to the Clerk one of each for each Defendant within thirty (30) days from the entry date of this Order. Forms sent to party:2 USM 285; 2 Summons; Initial Disclosures. Signed by Judge Steve C. Jones on 5/10/2021. (rjc)
|
| Clerk's Certificate of Mailing as to Kimberly Arnold re #5 Order and Forms sent to party: 2 USM 285; 2 Summons; Initial Disclosures. (rjc) |
| Filing 4 COMPLAINT with Jury Demand filed by Kimberly Arnold. (Attachments: #1 Civil Cover Sheet)(klb) 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. |
|
Filing 3
ORDER granting #1 Application for Leave to Proceed in forma pauperis. It is further ORDERED that service of process shall not issue at this time. The Clerk is DIRECTED to submit this case to the District Court for a frivolity determination pursuant to 28 U.S.C. 1915. Signed by Magistrate Judge Walter E. Johnson on 4/29/21. (klb)
|
| Clerk's Certificate of Mailing as to Kimberly Arnold re #3 Order on Application for Leave to Proceed in forma pauperis,. (klb) |
| Submission of #4 Complaint, for a frivolity determination, to District Judge Steve C. Jones. (klb) |
|
Filing 2
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 3/9/2021. (tmf)
|
| Clerk's Certificate of Mailing as to Kimberly Arnold re #2 Order. (tmf) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Walter E. Johnson, for IFP . (tmf) Modified on 4/28/2021 to edit text (tmf). |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Kimberly Arnold. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(tmf) |
| Case no longer referred to Magistrate Judge Walter E. Johnson (referred in error). (tmf) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
