Rodriguez v. Northwestern Memorial Hospital et al
| Mysharie RODRIQUEZ and Mysharie Rodriguez |
| Northwestern Memorial Hospital, Northwestern Memorial Healthcare, Erie Family Health Center, Inc., Arlene BURY-FIOL, M.D, Mary TATE, M.D., KUMAR, M.D., Elise LINDQUIST, RN, RACHEL CLARK, RN, THOMPSON, RN, FOLLOSO, RN and United States of America |
| 1:2022cv01980 |
| April 18, 2022 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MINUTE entry before the Honorable Joan B. Gottschall: The government's motion #4 to dismiss is granted. The claims against the United States are dismissed without prejudice. The remainder of the action is stayed. Mailed notice (mjc, ) |
| Filing 11 Defendant's Statement Regarding Dismissal (Amended) STATEMENT by United States of America (Lindland, Kurt) |
| Filing 10 Defendant's Statement Regarding Dismissal STATEMENT by Arlene BURY-FIOL, M.D, Erie Family Health Center, Inc. (Lindland, Kurt) |
| Filing 9 MINUTE entry before the Honorable Joan B. Gottschall: Given that the plaintiff does not oppose the government's motion to dismiss without prejudice for failure to exhaust administrative remedies, the parties are requested to inform the court of whether the dismissal without prejudice should include the private parties. Further, if the private parties are dismissed without prejudice, will the plaintiff retain the right to refile against the private parties without encountering statute of limitations issues? See Jacobs v. Castillo, 612 F. Supp. 2d 369, 371-73, 375 (S.D.N.Y. 2009); Wilson v. Big Sandy Healthcare, Inc., 553 F. Supp. 2d 825, 833-34 (E.D. Ky. 2008), aff'd sub nom. Wilson v. Big Sandy Health Care, Inc., 576 F.3d 329 (6th Cir. 2009). The parties' responses are due on or before 5/27/2022. Mailed notice (mjc, ) |
| Filing 8 RESPONSE by Plaintiff Mysharie Rodriguez (Attachments: #1 Notice of Filing)(Zayed, Adam) |
| Filing 7 ATTORNEY Appearance for Plaintiff Mysharie Rodriguez by Adam J. Zayed (Zayed, Adam) |
| Filing 6 MINUTE entry before the Honorable Joan B. Gottschall: The government's motion #4 to dismiss this action without prejudice for failure to exhaust administrative remedies is briefed as follows: response due: 5/18/2022; reply due: 5/25/2022. The deadline of 5/20/2022 to file an initial status report is stricken. The court will rule by mail on the motion to dismiss and set a further deadline, if necessary, when it rules. Mailed notice (sxw) |
| Filing 5 MINUTE entry before the Honorable Joan B. Gottschall: An initial status report and, if appropriate, case management plan is due on or before May 20, 2022. In conformity with General Order 21-0027 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing and for requirements for status reports and discovery plans during the COVID-19 pandemic. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Mailed notice. (kp, ) |
| Filing 4 MOTION by Defendants Erie Family Health Center, Inc., Arlene BURY-FIOL, M.D, to dismiss United States' Motion to Dismiss for Failure to Exhaust Administrative Remedies (Attachments: #1 Declaration Exhibit A)(Lindland, Kurt)(Docket Text Modified by Clerk's Office) Modified on 4/25/2022 (aee, ). |
| Filing 3 MAILED Notice of Removal letter to counsel of record. (bg, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff (bg, ) |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, case number (2021 L 010215) filed by Arlene BURY-FIOL, M.D, Erie Family Health Center, Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Lindland, Kurt) |
| Filing 1 CIVIL Cover Sheet (Lindland, Kurt) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jxj, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Heather K. McShain. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (jxj, ) |
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