Jones et al v. United States of America et al
| Ru'Ssae Jones and Russan Thomas |
| The United States of America, The University of Chicago Medical Center, Dr. Ranjani Ananth, United States of America, The, University of Chicago Medical Center, The and Ranjani Ananth |
| 1:2021cv05635 |
| October 22, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1402 Medical Malpractice |
| Defendant |
Docket Report
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| Filing 42 MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's unopposed notice of voluntary dismissal #41 , the Court hereby dismisses this case without prejudice as to the United States. Plaintiff also asks the Court to remand the matter to state court, arguing that the dismissal of the federal claim divests this Court of jurisdiction. Not so. Subject matter jurisdiction is assessed when the complaint is filed, and the dismissal of a federal claim does not destroy such jurisdiction. Instead, when the only federal claim drops out of a case, leaving only state-law claims, this Court "has broad discretion to decide whether to keep the case or relinquish supplemental jurisdiction over the state-law claims." RWJ Mgmt. Co. v. BP Prod. N. Am., Inc., 672 F.3d 476, 478 (7th Cir. 2012). See also 28 U.S.C. 1367(c)(3). Under these circumstances, the Seventh Circuit has stated a clear preference for the dismissal or remand of state law claims when all federal claims are eliminated before trial, e.g., Leister v. Dovetail, Inc., 546 F.3d 875, 882 (7th Cir. 2008), and the Court will, accordingly, relinquish supplemental jurisdiction, as this case remains in discovery, far short of trial. Because Plaintiff initiated this case here, however, the Court denies Plaintiff's motion to remand #40 and instead dismisses the state law claims without prejudice. See, e.g., Levin v. Com. Energy, Inc., 560 U.S. 413, 428 (2010) ("federal tribunals lack authority to remand to the state court system an action initiated in federal court."). All set dates and deadlines are stricken. Civil case terminated. Mailed notice (gel, ) |
| Filing 41 NOTICE of Voluntary Dismissal by Ru'ssae Jones, Russan Thomas (Rubin, Stephanie) |
| Filing 40 MOTION by Plaintiffs Ru'ssae Jones, Russan Thomas to remand (Rubin, Stephanie) |
| Filing 39 MINUTE entry before the Honorable John Robert Blakey: Oral agreed motion to reset joint status report deadline is granted. Joint status report shall be filed on or before 6/8/2023. Mailed notice (gel, ) |
| Filing 38 AGREED PROTECTIVE ORDER AUTHORIZING RECUTS OF PATHOLOGY MATERIALS Signed by the Honorable John Robert Blakey on 5/19/2023. Mailed notice(gel, ) |
| Filing 37 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' agreed motion for entry of a protective order authorizing recuts of pathology material #35 and strikes the 5/24/23 Notice of Motion date. Enter Agreed Protective Order. Mailed notice (gel, ) |
| Filing 36 Agreed NOTICE of Motion by Sabina Babel for presentment of motion for protective order #35 before Honorable John Robert Blakey on 5/24/2023 at 11:00 AM. (Babel, Sabina) |
| Filing 35 MOTION by Defendant University of Chicago Medical Center, The for protective order (Agreed) (Babel, Sabina) |
| Filing 34 Disclosure and Notification as to affiliates STATEMENT by University of Chicago Medical Center, The (Babel, Sabina) |
| Filing 33 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 32 MINUTE entry before the Honorable John Robert Blakey: The Court denies without prejudice Defendant's motion concerning prejudgment interest #31 , as it appears to be premature. See, e.g., Costa v. Ramaiah, No. 21-CV-5165, 2022 WL 7501146, at *3 (N.D. Ill. Oct. 13, 2022) (denying a similar motion as premature and for other reasons); Saiyed v. United States, No. 20-CV-5524, 2022 WL 7501126, at *3 (N.D. Ill. Oct. 13, 2022) (same); Aguiar v. Hilton Worldwide Corp., No. 21-CV-2580, 2022 WL 3139573, at *3 (N.D. Ill. Aug. 5, 2022) (denying a similar motion and declining to reach the constitutional question on an undeveloped argument). Mailed notice (gel, ) |
| Filing 31 MOTION by Defendants Ranjani Ananth, University of Chicago Medical Center, The to stay Application of 735 ILCS 5/2-1303(c) (Attachments: #1 Exhibit, #2 Exhibit)(Babel, Sabina) |
| Filing 30 AGREED PROTECTIVE Order Signed by the Honorable John Robert Blakey on 5/11/2022. Mailed notice(gel, ) |
| Filing 29 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion for entry of a confidentiality order #28 . Enter Agreed Confidentiality Order. Mailed notice (gel, ) |
| Filing 28 MOTION by Defendant University of Chicago Medical Center, The for protective order (Agreed) (Attachments: #1 Text of Proposed Order Proposed Agreed Protective Order)(Babel, Sabina) |
| Filing 27 AGREED PRIVACY ACT AND HIPAA PROTECTIVE ORDER Signed by the Honorable John Robert Blakey on 3/22/2022. Mailed notice(gel, ) |
| Filing 26 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' agreed motion for entry of protective order #25 . Enter Order. Mailed notice (gel, ) |
| Filing 25 MOTION by Defendant United States of America, The for protective order Agreed Motion for Entry of Privacy Act and HIPAA Protective Order (Flannery, Kathleen) |
| Filing 24 RESPONSE by Plaintiffs Ru'ssae Jones, Russan Thomas Response to Defendant Affirmative Defense (Rubin, Stephanie) |
| Filing 23 ANSWER to Complaint by United States of America, The(Flannery, Kathleen) |
| Filing 22 RESPONSE by Plaintiffs Ru'ssae Jones, Russan Thomas Answer to Defendant Ananth Affirmative Defenses (Rubin, Stephanie) |
| Filing 21 RESPONSE by Plaintiffs Ru'ssae Jones, Russan Thomas Answer to Defendant UofC Affirmative Defenses (Rubin, Stephanie) |
| Filing 20 MINUTE entry before the Honorable John Robert Blakey: The Court adopts in part the parties' proposed schedule, see #19 , and sets case management dates as follows: the United States shall respond to the complaint by 2/11/22; the parties shall exchange Rule 26(a)(1) disclosures and issue written discovery by 3/18/22, amend their pleadings (to add claims, parties, etc.) by 12/1/22, and complete fact discovery by 6/30/23; and the parties shall file an updated status report by 6/1/23 confirming that they are on track to meet this schedule or, if they are not on track, outlining any remaining discovery and proposing a reasonable schedule for completing such discovery. In their 6/1/23 status report, the parties shall also propose a reasonable expert discovery schedule and indicate whether any party plans to seek summary judgment. The Court appreciates that the parties unanimously consent to proceed before the assigned Magistrate Judge for discovery, see #19 at 3, but this Court does not need to refer this case for this purpose. If at any time the parties agree that a settlement conference with the assigned Magistrate Judge could be helpful, they should call chambers to so advise, and the Court will enter an appropriate referral order. Mailed notice (gel, ) |
| Filing 19 STATUS Report (Joint Initial) by Ranjani Ananth, University of Chicago Medical Center, The (Babel, Sabina) |
| Filing 18 MINUTE entry before the Honorable John Robert Blakey: The parties shall file a status report by 2/4/22 using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Mailed notice (gel, ) |
| Filing 17 ANSWER to Complaint by Ranjani Ananth(Babel, Sabina) |
| Filing 16 ANSWER to Complaint by University of Chicago Medical Center, The(Babel, Sabina) |
| Filing 15 JURY Demand (Babel, Sabina) |
| Filing 14 MINUTE entry before the Honorable John Robert Blakey: Defendant's unopposed motion for extension of time to file answer #12 and any answer shall be filed on or before 2/11/2022. Mailed notice (gel, ) |
| Filing 13 NOTICE of Motion by Kathleen Marie Flannery for presentment of motion for extension of time to file answer #12 before Honorable John Robert Blakey on 1/13/2022 at 11:00 AM. (Flannery, Kathleen) |
| Filing 12 MOTION by Defendant United States of America, The for extension of time to file answer regarding complaint #1 (Unopposed) (Flannery, Kathleen) |
| Filing 11 DESIGNATION of Kathleen Marie Flannery as U.S. Attorney for Defendant United States of America, The (Flannery, Kathleen) |
| Filing 10 MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendants' unopposed motion for an extension of time #8 ; Defendants shall answer or otherwise respond to the complaint by 1/20/22. Mailed notice (gel, ) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Ru'ssae Jones, Russan Thomas by Edward Mark Rubin (Rubin, Edward) |
| Filing 8 MOTION by Defendants Ranjani Ananth, University of Chicago Medical Center, The for extension of time to file answer regarding complaint #1 or otherwise plead (Babel, Sabina) |
| Filing 7 ATTORNEY Appearance for Defendants Ranjani Ananth, University of Chicago Medical Center, The by Sabina Babel (Babel, Sabina) |
| Filing 6 ATTORNEY Appearance for Defendants Ranjani Ananth, University of Chicago Medical Center, The by Marilee Clausing (Clausing, Marilee) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: Summons having just recently issued, the Court hereby extends the deadline for the parties' initial status report from 12/13/21 to 2/15/22. Mailed notice (gel, ) |
| ALIAS Summons Issued as to Defendant Ranjani Ananth. (jj, ) |
| SUMMONS Issued as to United States of America, The, U.S. Attorney, and U.S. Attorney General (jj, ) |
| SUMMONS Issued as to Defendants Ranjani Ananth, University of Chicago Medical Center, The (jj, ) |
| Filing 4 MINUTE entry before the Honorable John Robert Blakey: This case has been reassigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 12/13/2021, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Jones Ru'Ssae, Thomas Russan by Stephanie Beth Rubin (Rubin, Stephanie) |
| Filing 2 CIVIL Cover Sheet (Rubin, Stephanie) |
| Filing 1 COMPLAINT filed by Jones Ru'Ssae, Thomas Russan; Filing fee $ 402, receipt number 0752-18796004. (Attachments: #1 Affidavit 2-622 Affidavit (1), #2 Affidavit 2-622 Affidavit (2))(Rubin, Stephanie) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (ak, ) |
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