Wise et al v. Spivey et al
Plaintiff: Jay Wise and Becky Wise
Defendant: Rebecca Evans, CNM, Steven Spivey, M.D., Cartersville Ob/Gyn Associates, P.C., Valerie Smith, CNM and Harbin Clinic, LLC
Case Number: 4:2020cv00191
Filed: August 21, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: J P Boulee
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Filing 39 DEMAND for Trial by Jury by Cartersville Ob/Gyn Associates, P.C. (Burton, John) Modified on 10/16/2020 to edit filers (ddm).
October 15, 2020 Filing 38 DEMAND for Trial by Jury by Rebecca Evans, CNM. (Burton, John) Modified on 10/16/2020 to edit filers (ddm).
October 15, 2020 Filing 37 Cartersville OB GYN's ANSWER to #1 COMPLAINT with Jury Demand by Cartersville Ob/Gyn Associates, P.C. (Burton, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 10/15/2020 to edit filers (ddm).
October 15, 2020 Filing 36 Rebecca Evans, CNM's ANSWER to #23 Amended Complaint by Rebecca Evans, CNM.(Burton, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 10/15/2020 to edit filers (ddm).
October 15, 2020 Filing 35 DEMAND for Trial by Jury by Valerie Smith, CNM. (Frisch, Eric)
October 15, 2020 Filing 34 ANSWER to #23 Amended Complaint by Valerie Smith, CNM.(Frisch, Eric) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 15, 2020 Filing 33 DEMAND for Trial by Jury by Steven Spivey, MD. (Frisch, Eric)
October 15, 2020 Filing 32 ANSWER to #23 Amended Complaint by Steven Spivey, MD.(Frisch, Eric) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 15, 2020 Filing 31 DEMAND for Trial by Jury by Harbin Clinic, LLC. (Frisch, Eric)
October 15, 2020 Filing 30 ANSWER to #23 Amended Complaint by Harbin Clinic, LLC. Discovery ends on 3/15/2021.(Frisch, Eric) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 13, 2020 Opinion or Order Filing 29 SCHEDULING ORDER approving the parties' #28 Joint Preliminary Report and Discovery Plan. Per the request of the parties, this case is assigned an eight-month discovery period. The discovery period will commence thirty days after the appearance of the first defendant by answer to the complaint. Signed by Judge J. P. Boulee on 10/12/2020. (ddm)
October 8, 2020 Filing 28 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Becky Wise, Jay Wise. (Tyrone, Nelson)
October 7, 2020 Filing 27 Initial Disclosures by Cartersville Ob/Gyn Associates, P.C., Rebecca Evans, CNM. (Attachments: #1 Exhibit)(Burton, John)
October 6, 2020 Notification of Docket Correction re #25 Initial Disclosures by Steven Spivey, MD., Valerie Smith, CNM, and Harbin Clinic, LLC. (Attachments: # 1 Exhibit A through D)(Frisch, Eric) Modified on 10/6/2020 to correct filer information. (aaq). (aaq)
October 5, 2020 Filing 26 Initial Disclosures by Becky Wise, Jay Wise.(Tyrone, Nelson)
October 5, 2020 Filing 25 Initial Disclosures by Steven Spivey, MD., Valerie Smith, CNM, and Harbin Clinic, LLC. (Attachments: #1 Exhibit A through D)(Frisch, Eric) Modified on 10/6/2020 to correct filer information. (aaq).
October 5, 2020 Opinion or Order Filing 24 ORDER - Because Plaintiffs timely filed an amended complaint, the pending motions to dismiss [Docs. #15 and #17 ] are DENIED as moot. Signed by Judge J. P. Boulee on 10/5/2020. (tcc)
September 30, 2020 Filing 23 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Becky Wise, Jay Wise.(Tyrone, Nelson) 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.
September 29, 2020 Opinion or Order Filing 22 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. (dgs) (ADI)
September 25, 2020 Filing 21 Certificate of Interested Persons by Becky Wise, Jay Wise. (Tyrone, Nelson)
September 24, 2020 Filing 20 RESPONSE re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Becky Wise, Jay Wise. (Tyrone, Nelson)
September 24, 2020 Filing 19 RESPONSE re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Becky Wise, Jay Wise. (Tyrone, Nelson)
September 10, 2020 Filing 18 Certificate of Interested Persons by Cartersville Ob/Gyn Associates, P.C., Rebecca Evans, CNM. (Burton, John)
September 10, 2020 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cartersville Ob/Gyn Associates, P.C., Rebecca Evans, CNM. (Burton, John)
September 10, 2020 Filing 16 Certificate of Interested Persons and Corporate Disclosure Statement by Harbin Clinic, LLC, Valerie Smith, CNM, Steven Spivey, MD identifying Corporate Parent MAG Mutual Insurance Co. for Harbin Clinic, LLC, Steven Spivey M.D., Valerie Smith CNM. (Frisch, Eric)
September 10, 2020 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Harbin Clinic, LLC, Valerie Smith, CNM, Steven Spivey, MD. (Attachments: #1 Brief Brief in Support of Motion to Dismiss)(Frisch, Eric)
September 2, 2020 Opinion or Order Filing 14 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. (dgs) (ADI)
August 28, 2020 Opinion or Order Filing 13 STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 8/28/20. (bnw)
August 24, 2020 Filing 12 WAIVER OF SERVICE Returned Executed by Becky Wise, Jay Wise. Steven Spivey, MD waiver mailed on 8/24/2020, answer due 10/23/2020. (Tyrone, Nelson)
August 24, 2020 Filing 11 WAIVER OF SERVICE Returned Executed by Becky Wise, Jay Wise. Valerie Smith, CNM waiver mailed on 8/24/2020, answer due 10/23/2020. (Tyrone, Nelson)
August 24, 2020 Filing 10 WAIVER OF SERVICE Returned Executed by Becky Wise, Jay Wise. Harbin Clinic, LLC waiver mailed on 8/24/2020, answer due 10/23/2020. (Tyrone, Nelson)
August 24, 2020 Filing 9 WAIVER OF SERVICE Returned Executed by Becky Wise, Jay Wise. Rebecca Evans, CNM waiver mailed on 8/24/2020, answer due 10/23/2020. (Tyrone, Nelson)
August 24, 2020 Filing 8 WAIVER OF SERVICE Returned Executed by Becky Wise, Jay Wise. Cartersville Ob/Gyn Associates, P.C. waiver mailed on 8/24/2020, answer due 10/23/2020. (Tyrone, Nelson)
August 24, 2020 Opinion or Order Filing 7 SIXTH AMENDMENT TO GENERAL ORDER 2001 RE: COURT OPERATIONS UNDER THE EXIGENTCIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 8/03/2020. (dob)
August 24, 2020 Filing 6 Electronic Summons Issued as to Steven Spivey, MD. (dob)
August 24, 2020 Filing 5 Electronic Summons Issued as to Valerie Smith, CNM. (dob)
August 24, 2020 Filing 4 Electronic Summons Issued as to Harbin Clinic, LLC (dob) Modified on 8/24/2020 to edit event selected (dob).
August 24, 2020 Filing 3 Electronic Summons Issued as to Rebecca Evans, CNM. (dob)
August 24, 2020 Filing 2 Electronic Summons Issued as to Cartersville Ob/Gyn Associates, P.C.. (dob)
August 21, 2020 Filing 1 COMPLAINT with Jury Demand filed by Becky Wise, Jay Wise. (Filing fee $400, receipt number AGANDC10055980) (Attachments: #1 Civil Cover Sheet)(dob) 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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Defendant: Rebecca Evans, CNM
Represented By: Paul E. Weathington
Represented By: John Hilliard Burton
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Defendant: Steven Spivey, M.D.
Represented By: Eric Jeffrey Frisch
Represented By: Gerry Bowie Link
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Defendant: Cartersville Ob/Gyn Associates, P.C.
Represented By: Paul E. Weathington
Represented By: John Hilliard Burton
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Defendant: Valerie Smith, CNM
Represented By: Eric Jeffrey Frisch
Represented By: Gerry Bowie Link
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Defendant: Harbin Clinic, LLC
Represented By: Eric Jeffrey Frisch
Represented By: Gerry Bowie Link
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Plaintiff: Jay Wise
Represented By: Daniel J. Conner, Jr.
Represented By: Robert Kirtley Finnell
Represented By: Nelson Otis Tyrone, III
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Plaintiff: Becky Wise
Represented By: Daniel J. Conner, Jr.
Represented By: Robert Kirtley Finnell
Represented By: Nelson Otis Tyrone, III
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