Haywood et al v. Blue Island Hospital Company LLC et al
| Yolanda Haywood and Henry Washington |
| Blue Island Hospital Company LLC, Specialists in Medical Imaging, S.C., D.O. Lisa Laakso and United States of America |
| 1:2022cv03963 |
| July 29, 2022 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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| REMAND with certified copy of order dated 9/19/2022 and letter to Circuit Court of Cook County via email. (gw, ) |
| Filing 21 MINUTE entry before the Honorable Gary Feinerman:Third-Party Defendant United States of America's motion to dismiss #8 is granted. For the reasons set forth in Clay v. VHS West Suburban Medical Center, Inc., No. 21 C 1634, ECF No. 29 (N.D. Ill. Oct. 20, 2021), and Colson Caster Corp. v. United States, 2004 WL 1166601 (N.D. Ill. May 24, 2004), the third-party claims against the United States are dismissed without prejudice because they have not yet accrued. See Chi., R.I. & Pac. Ry. Co. v. United States, 220 F.2d 939, 942 (7th Cir. 1955). Although Third-Party Plaintiffs present policy arguments against the accrual rule, this court must follow Seventh Circuit precedent. And with the third-party claims against the United States dismissed, there is no longer any basis for federal jurisdiction, so this case is remanded to the Circuit Court of Cook County, Illinois. The Clerk is directed to effectuate the remand forthwith. The status/motion hearing set for 9/22/2022 #18 is stricken. Civil case remanded.Mailed notice. (jlj, ) |
| Filing 20 STATUS Report Joint Initial Status Report by Blue Island Hospital Company LLC (Luzio, Krista) |
| Filing 19 REPLY by United States of America to MOTION by Defendant United States of America to dismiss for lack of jurisdiction #8 (Lambert, Kate) |
| Filing 18 MINUTE entry before the Honorable Gary Feinerman:The status/motion hearing set for 9/23/2022 #12 is stricken and re-set for 9/22/2022 at 9:15 a.m. Attorneys/Parties should appear for the 9/22/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) |
| REMAND with certified copy of order dated 9/19/2022 and letter to Circuit Court of Cook County via email. (gw, ) |
| Filing 17 RESPONSE by Defendants Lisa Laakso, Specialists in Medical Imaging, S.C. to motion to dismiss/lack of jurisdiction #8 (Nora, Taylor) |
| Filing 16 RESPONSE by Blue Island Hospital Company LLC to MOTION by Defendant United States of America to dismiss for lack of jurisdiction #8 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Luzio, Krista) |
| Filing 15 ATTORNEY Appearance for Plaintiffs Yolanda Haywood, Henry Washington by Matthew R. Basinger (Basinger, Matthew) |
| Filing 14 ATTORNEY Appearance for Plaintiffs Yolanda Haywood, Henry Washington by Matthew R. Basinger (Basinger, Matthew) |
| Filing 13 ATTORNEY Appearance for Defendants Lisa Laakso, Specialists in Medical Imaging, S.C. by Taylor Victoria Nora (Nora, Taylor) |
| Filing 12 MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss for lack of jurisdiction #8 is entered and continued. Plaintiff shall respond to the motion by 9/2/2022; Defendant United States shall reply by 9/16/2022. Motion hearing set for 9/23/2022 at 9:15 a.m. Initial sstatus hearing set for 9/23/2022 at 9:15 a.m. By 9/16/2022, the parties shall file a joint status report using the form on Judge Feinerman's web page on this District's website. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) |
| Filing 11 ATTORNEY Appearance for Defendants Lisa Laakso, Specialists in Medical Imaging, S.C. by Robert L. Nora (Nora, Robert) |
| Filing 10 CERTIFICATE of Service by Defendant United States of America regarding MOTION by Defendant United States of America to dismiss for lack of jurisdiction #8 , memorandum in support of motion #9 (Lambert, Kate) |
| Filing 9 MEMORANDUM by United States of America in support of motion to dismiss/lack of jurisdiction #8 (Lambert, Kate) |
| Filing 8 MOTION by Defendant United States of America to dismiss for lack of jurisdiction (Lambert, Kate) |
| Filing 7 ATTORNEY Appearance for Defendant Blue Island Hospital Company LLC by Krista Dana Luzio (Luzio, Krista) |
| Filing 6 ATTORNEY Appearance for Defendant Blue Island Hospital Company LLC by Jennifer Ries (Ries, Jennifer) |
| Filing 5 MAILED Notice of Removal Letter to Plaintiff's Counsel, Michael J. Cederoth, and Taylor Victoria Nora. (jh, ) |
| 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. (jh, ) |
| Filing 4 CERTIFICATE of Service by Kate F Lambert on behalf of United States of America regarding notice of removal #1 (Lambert, Kate) |
| Filing 3 DESIGNATION of Kate F Lambert as U.S. Attorney for Defendant United States of America (Lambert, Kate) |
| Filing 2 CIVIL Cover Sheet (Lambert, Kate) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2020 L 1959) filed by United States of America Notice of Removal of a Civil Action and Substitution of the United States as Defendant (Lambert, Kate) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ak, ) |
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