Spencer et al v. Greenwald et al
Plaintiff: Charles J Spencer and Toni A Spencer
Defendant: Eastern Idaho Health Services, Inc. d/b/a Eastern Idaho Regional Medical Center, HCA Healthcare Inc, Dr. Brent H Greenwald, Eastern Idaho Health Services, Inc., Eastern Idaho Regional Medical Center and Brent H Greenwald
Case Number: 4:2020cv00440
Filed: September 17, 2020
Court: US District Court for the District of Idaho
Presiding Judge: Ronald E Bush
Referring Judge: Bill R Wilson
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2021 Opinion or Order Filing 50 INTIAL SCHEDULING ORDER/TRIAL MANAGEMENT ORDER: Jury Trial set for 2/22/2022 at 9:30 AM before Judge Bill R Wilson. Rule 26 conference: 3/29/21. Rule 26 Meeting Report due by 4/12/2021. Entered at the direction of the Court. (mb)
January 19, 2021 Opinion or Order Filing 49 Eastern Idaho Health Services, Inc., dba Eastern Idaho Regional Medical Center's ANSWER to #1 Complaint and Demand for Jury Trial by Eastern Idaho Health Services, Inc..(Smith, Marvin)
January 4, 2021 Opinion or Order Filing 48 ORDER Defendants' Motion to Dismiss (Doc. No. #10 ) is GRANTED IN PART and DENIED IN PART. Plaintiffs Motion for Jurisdictional Discovery (Doc. No. #30 ) is DENIED. Signed by Judge Bill R Wilson. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
December 16, 2020 Opinion or Order Filing 47 REPLY to Response to Motion re #37 MOTION Leave to Supplement re #28 Response to Motion to Dismiss;Personal Jurisdiction filed by Charles J Spencer, Toni A Spencer.Motion Ripe Deadline set for 12/17/2020.(Schuster, Robert)
December 16, 2020 Opinion or Order Filing 46 THIRD RETURN MAIL undelivered as to Bradley L. Booke re: 36 Order Reassigning Case (kt)
December 15, 2020 Opinion or Order Filing 45 ORDER finding as moot #37 Plaintiffs' Motion to Supplement Response, since they've already filed their supplement. Signed by Judge Bill R Wilson. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dmm)
December 11, 2020 Opinion or Order Filing 44 RESPONSE re #38 Errata filed by HCA Healthcare Inc . (Smith, Marvin)
December 9, 2020 Opinion or Order Filing 43 REPLY to Response to Motion re #37 MOTION Leave to Supplement re #28 Response to Motion to Dismiss;Personal Jurisdiction Reply to Doc. 42 filed by Charles J Spencer, Toni A Spencer.Motion Ripe Deadline set for 12/10/2020.(Schuster, Robert)
December 8, 2020 Opinion or Order Filing 42 RESPONSE to Motion re #37 MOTION Leave to Supplement re #28 Response to Motion to Dismiss;Personal Jurisdiction filed by HCA Healthcare Inc. Replies due by 12/22/2020.(Smith, Marvin)
December 7, 2020 Opinion or Order Filing 41 Docket entry only - CONSENT to Magistrate Judge filed. (Request for reassignment filed re: docket 33 ) (kt)
December 7, 2020 Opinion or Order Filing 40 Docket entry only - CONSENT to Magistrate Judge filed. (Request for reassignment filed re: docket 33 ) (kt)
December 4, 2020 Opinion or Order Filing 39 REPLY to Response to Motion re #30 MOTION for Discovery Jurisdictional Discovery re: HCA Healthcare, Inc. filed by Charles J Spencer, Toni A Spencer.Motion Ripe Deadline set for 12/7/2020.(Brooke, Bradley)
December 4, 2020 Opinion or Order Filing 38 ERRATA by Plaintiffs Charles J Spencer, Toni A Spencer re #28 Response to Motion to Dismiss:Personal Jurisdiction. (Attachments: #1 Exhibit Exhibit A-Email, #2 Exhibit Exhibit B-Draft)(Brooke, Bradley)
December 4, 2020 Opinion or Order Filing 37 MOTION Leave to Supplement re #28 Response to Motion to Dismiss;Personal Jurisdiction Bradley Brooke appearing for Plaintiffs Charles J Spencer, Toni A Spencer. Responses due by 12/28/2020 (Brooke, Bradley)
December 4, 2020 Opinion or Order Filing 36 DOCKET ENTRY ORDER REASSIGNING CASE. This case is reassigned to Judge Bill R Wilson from the Eastern District of Arkansas. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
December 4, 2020 Opinion or Order DOCKET ENTRY NOTICE of Case Number Change. This case has been reassigned to Judge Wilson. Please use case number 4:20-cv-00440-BRW on all future pleadings. (st)
November 24, 2020 Opinion or Order Filing 35 RETURN MAIL undelivered as to Bradley L. Booke re: 33 Request for Reassignment Filed AND Reassignment of Case.(kt)
November 20, 2020 Opinion or Order Filing 34 MEMORANDUM in Opposition re #30 MOTION for Discovery Jurisdictional Discovery re: HCA Healthcare, Inc. filed by Eastern Idaho Health Services, Inc., HCA Healthcare Inc. Replies due by 12/4/2020.(Smith, Marvin)
November 17, 2020 Opinion or Order Filing 33 REQUEST FOR REASSIGNMENT TO DISTRICT JUDGE AND REASSIGNMENT OF CASE. Case reassigned to Judge David C. Nye for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings: 4:20-cv-00440-DCN. (ckh)
November 13, 2020 Opinion or Order Filing 32 REPLY to Response to Motion re #10 MOTION to Dismiss filed by HCA Healthcare Inc.Motion Ripe Deadline set for 11/16/2020.(Smith, Marvin)
November 5, 2020 Opinion or Order Filing 31 REPLY to Response to Motion re #10 MOTION to Dismiss filed by Eastern Idaho Health Services, Inc., HCA Healthcare Inc.Motion Ripe Deadline set for 11/6/2020.(Smith, Marvin)
October 30, 2020 Opinion or Order Filing 30 MOTION for Discovery Jurisdictional Discovery re: HCA Healthcare, Inc. Bradley Brooke appearing for Plaintiffs Charles J Spencer, Toni A Spencer. Responses due by 11/20/2020 (Brooke, Bradley)
October 30, 2020 Opinion or Order Filing 29 AFFIDAVIT in Opposition re #10 MOTION to Dismiss by HCA Healthcare, Inc. re: Personal Jurisdiction filed by Charles J Spencer, Toni A Spencer. Replies due by 11/13/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit)(Brooke, Bradley)
October 30, 2020 Opinion or Order Filing 28 RESPONSE to Motion re #10 MOTION to Dismiss by HCA Healthcare, Inc. re: Personal Jurisdiction filed by Charles J Spencer, Toni A Spencer. Replies due by 11/13/2020.(Brooke, Bradley)
October 28, 2020 Opinion or Order Set/Reset Deadlines as to #10 MOTION to Dismiss per docket 27. Responses due by 10/30/2020. (ckh)
October 28, 2020 Opinion or Order Filing 27 ORDER granting #23 and #26 , Plaintiffs' Motions for Extension of Time. Good cause appearing for the stipulated extensions, Plaintiffs' response to #10 Defendants' Motion to Dismiss is now due Friday, October 30, 2020. Signed by Judge Ronald E. Bush. (kcs)
October 28, 2020 Opinion or Order Filing 26 Second MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss Dennis Paul Wilkinson appearing for Plaintiffs Charles J Spencer, Toni A Spencer. Responses due by 11/18/2020 (Wilkinson, Dennis)
October 28, 2020 Opinion or Order Filing 25 STIPULATION re #10 MOTION to Dismiss Defendant's by Charles J Spencer, Toni A Spencer. (Wilkinson, Dennis)
October 26, 2020 Opinion or Order Filing 24 STIPULATION re #10 MOTION to Dismiss by Charles J Spencer, Toni A Spencer. (Wilkinson, Dennis)
October 26, 2020 Opinion or Order Filing 23 MOTION for Extension of Time to File Response/Reply as to #21 Response to Motion to Dismiss Dennis Paul Wilkinson appearing for Plaintiffs Charles J Spencer, Toni A Spencer. Responses due by 11/16/2020 (Wilkinson, Dennis)
October 26, 2020 Opinion or Order Filing 22 DOCKET TEXT Minute Entry for proceedings held before Judge Ronald E. Bush: Telephonic Status Conference held on 10/26/2020 at 3:30 p.m. (MOUNTAIN TIME). Dennis Wilkinson and Bob Schuster appearing for Plaintiff and Marvin M. Smith for Defendants Eastern Idaho Health Services and HCA Healthcare, J. Michael Wheiler appearing for Brent H. Greenwald, M.D. The Court reviewed the record and made disclosure as to law firm, as discussed on the record. The Consent Deadline is December 7, 2020. The Court will set a scheduling conference in due course.Audio File Location Other/AT&T) 3:30 pm (5 min) (jh)
October 22, 2020 Opinion or Order Filing 21 RESPONSE to Motion re #10 MOTION to Dismiss filed by Charles J Spencer, Toni A Spencer. Replies due by 11/5/2020. (Attachments: #1 Exhibit Declaration of Charles J. Spencer)(Schuster, Robert)
October 15, 2020 Opinion or Order Filing 20 DOCKET TEXT NOTICE of Hearing: Telephonic Status Conference set for 10/26/2020 03:30 PM (Mtn. Time) before Judge Ronald E. Bush. Counsel shall call into the Court's Conference Line at 1-888-684-8852/Access 2777014/Security Code 2222. *No preparation needed for this Conference; the Court would like to connect with counsel for a short conference. *DOCKET NOTE: Mr. Wilkinson shall Forward this Notice to pro hac co-counsel who shall register on cm/ecf- Per Doc. 9 and the Corrective Entry entered 10/13/20.(lc)
October 13, 2020 Opinion or Order Filing 19 RETURN MAIL undelivered as to Robert P Schuster re: #14 Notice of Assignment Setting Deadline, Notice to file Corporate Disclosure Statement, and #15 Return Mail (ckh)
October 13, 2020 Opinion or Order Filing 18 RETURN MAIL undelivered as to Bradley L. Booke re: #14 Notice of Assignment Setting Deadline, Notice to file Corporate Disclosure Statement, and #15 Return Mail (ckh)
October 13, 2020 Opinion or Order CORRECTIVE ENTRY - re Order on Motion for Pro Hac Vice Appearance and 9 Order on Motion for Pro Hac Vice Appearance. Pursuant to Local Rule 83.4 all counsel are required to register for ECF immediately so they receive electronic notices in cases. Two of the attorneys granted pro hac vice status have not registered for ECF as of today's date and must do so. The registration form can be found on the Court's website at www.id.uscourts.gov by clicking on District Court/ECF PACER/ECF Registration Form. (ckh)
October 12, 2020 Opinion or Order Filing 17 Corporate Disclosure Statement by Eastern Idaho Health Services, Inc., HCA Healthcare Inc. (Smith, Marvin)
October 7, 2020 Opinion or Order Filing 16 NOTICE by Brent H Greenwald Joining in Part Defendant's Eastern Idaho Regional Medical Center and HCA Healthcare, Inc's Motion to Dismiss (Friess, Richard)
October 6, 2020 Opinion or Order Filing 15 RETURN MAIL undelivered as to Robert P Schuster re: Docket Entry Order approving #6 Motion for Pro Hac Vice Appearance. (ckh)
October 6, 2020 Opinion or Order Filing 14 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Eastern Idaho Health Services, Inc., HCA Healthcare Inc, Charles J Spencer and Toni A Spencer re #1 Complaint and #10 MOTION to Dismiss. Consent/Objection to Magistrate due by 12/7/2020. (ckh)
October 6, 2020 Opinion or Order NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (ckh)
October 5, 2020 Opinion or Order Filing 13 DECLARATION of Counsel re #10 MOTION to Dismiss filed by Eastern Idaho Health Services, Inc., HCA Healthcare Inc . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Smith, Marvin)
October 5, 2020 Opinion or Order Filing 12 DECLARATION re #10 MOTION to Dismiss filed by Eastern Idaho Health Services, Inc., HCA Healthcare Inc of Michael Bray. (Smith, Marvin)
October 5, 2020 Opinion or Order Filing 11 MEMORANDUM/BRIEF re #10 MOTION to Dismiss filed by Eastern Idaho Health Services, Inc., HCA Healthcare Inc . (Smith, Marvin)
October 5, 2020 Opinion or Order Filing 10 MOTION to Dismiss Marvin Marion Smith appearing for Defendants Eastern Idaho Health Services, Inc., HCA Healthcare Inc. Responses due by 10/26/2020 (Smith, Marvin)
October 1, 2020 Opinion or Order Filing 9 DOCKET ENTRY ORDER granting #8 Motion for Pro Hac Vice Appearance of attorney Bradley L Booke for Charles J Spencer and Toni A Spencer. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
September 30, 2020 Opinion or Order Filing 8 MOTION FOR PRO HAC VICE APPEARANCE by Bradley L. Booke. ( Filing fee $ 250 receipt number 0976-2108651.)Dennis Paul Wilkinson appearing for Plaintiffs Charles J Spencer, Toni A Spencer. Responses due by 10/21/2020 (Wilkinson, Dennis)
September 29, 2020 Opinion or Order DOCKET ENTRY ORDER approving #6 Motion for Pro Hac Vice Appearance of attorney Robert P Schuster and #7 Motion for Pro Hac Vice Appearance of attorney Gary Lee Shockey for Charles J Spencer and Toni A Spencer. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
September 28, 2020 Opinion or Order Filing 7 MOTION FOR PRO HAC VICE APPEARANCE by Gary L. Shockey. ( Filing fee $ 250 receipt number 0976-2107432.)Dennis Paul Wilkinson appearing for Plaintiffs Charles J Spencer, Toni A Spencer. Responses due by 10/19/2020 (Wilkinson, Dennis)
September 28, 2020 Opinion or Order Filing 6 MOTION FOR PRO HAC VICE APPEARANCE by Robert P. Schuster. ( Filing fee $ 250 receipt number 0976-2107035.)Dennis Paul Wilkinson appearing for Plaintiffs Charles J Spencer, Toni A Spencer. Responses due by 10/19/2020 (Wilkinson, Dennis)
September 23, 2020 Opinion or Order Filing 5 SUMMONS Returned Executed by Charles J Spencer, Toni A Spencer. Eastern Idaho Health Services, Inc. served on 9/23/2020, answer due 10/14/2020. (Wilkinson, Dennis)
September 23, 2020 Opinion or Order Filing 4 SUMMONS Returned Executed by Charles J Spencer, Toni A Spencer. HCA Healthcare Inc served on 9/22/2020, answer due 10/13/2020. (Wilkinson, Dennis)
September 21, 2020 Opinion or Order Filing 3 SUMMONS Returned Executed by Charles J Spencer, Toni A Spencer. Brent H Greenwald served on 9/18/2020, answer due 10/9/2020. (Wilkinson, Dennis)
September 18, 2020 Opinion or Order Filing 2 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: #1 Eastern Idaho Health Services Summons, #2 HCA Healthcare Summons) (ckh)
September 17, 2020 Opinion or Order Filing 1 COMPLAINT and Demand for Jury Trial against All Defendants ( Filing fee $ 400 receipt number 0976-2102685.), filed by All Plaintiffs. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Cover Sheet)(Wilkinson, Dennis)

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Defendant: Eastern Idaho Health Services, Inc. d/b/a Eastern Idaho Regional Medical Center
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Defendant: HCA Healthcare Inc
Represented By: Marvin Marion Smith
Represented By: Marvin Keith Smith
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Defendant: Dr. Brent H Greenwald
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Defendant: Eastern Idaho Health Services, Inc.
Represented By: Marvin Marion Smith
Represented By: Marvin Keith Smith
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Defendant: Eastern Idaho Regional Medical Center
Represented By: Marvin Marion Smith
Represented By: Marvin Keith Smith
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Defendant: Brent H Greenwald
Represented By: J Michael Wheiler
Represented By: Richard R. Friess
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Plaintiff: Charles J Spencer
Represented By: Dennis Paul Wilkinson
Represented By: Bradley Brooke
Represented By: Gary Lee Shockey
Represented By: Robert P Schuster
Represented By: Bradley L Booke
Represented By: Bradley Booke
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Plaintiff: Toni A Spencer
Represented By: Dennis Paul Wilkinson
Represented By: Bradley Brooke
Represented By: Gary Lee Shockey
Represented By: Robert P Schuster
Represented By: Bradley L Booke
Represented By: Bradley Booke
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