George et al v. Children's National Medical Center
| ASHIA GEORGE, ELAJE GONZALES, O. G. and Aisha George |
| CHILDREN'S NATIONAL MEDICAL CENTER doing business as CHILDRENS NATIONAL |
| 1:2022cv05635 |
| October 17, 2022 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Plaintiff |
Docket Report
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| Filing 48 TRANSCRIPT OF PROCEEDINGS held on 10/26/22 before the Honorable Rebecca R. Pallmeyer. Order Number: 44492. Court Reporter Contact Information: Frances Ward - wardofficialtranscripts@gmail.com - 312.435.5561. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/13/2022. Redacted Transcript Deadline set for 12/23/2022. Release of Transcript Restriction set for 2/20/2023. (Ward, Frances) |
| Filing 47 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing held. This case was transferred from the Judicial Panel on Multidistrict Litigation. The court to review the complaint and make a determination if this case should remain a member case to MDL 3026. Mailed notice. (cp, ) |
| Filing 46 ATTORNEY Appearance for Plaintiffs O. G., Aisha George, Elaje Gonzales by Jose M. Rojas (Rojas, Jose) |
| Filing 45 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion to appear pro hac vice #44 is granted for Attorney Adam W. Smith as counsel for Defendant Children's National Medical Center. Mailed notice. (cp, ) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19978464. (Smith, Adam) |
| Filing 43 ATTORNEY Appearance for Defendant Children's National Medical Center by Garrett L Boehm, Jr (Boehm, Garrett) |
| Filing 42 ATTORNEY Appearance for Defendant Children's National Medical Center by Stephen P Ellenbecker (Ellenbecker, Stephen) |
| Filing 41 MINUTE entry before the Honorable Rebecca R. Pallmeyer: This matter is set for a telephone status hearing on 10/26/2022 at 2:15 p.m. Members of the public and media will be able to call in to listen to this hearing. Instructions and a link to the conference number are located on Judge Pallmeyer's website. 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. (cp, ) |
| Filing 40 MAILED MDL Transfer in letter to counsel of record. (gcy, ) |
| Filing 39 RECEIVED from District of Columbia; Case Number 1:20-cv-03108 (gcy) |
| Filing 38 EMAIL from the U.S. District Court for the Northern District of Illinois requesting the transfer of the original file to be sent using the extract civil case feature of CM/ECF. (ztnr) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 37 CERTIFIED COPY OF TRANSFER ORDER dated 10/7/2022 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the Northern District of Illinois, with the consent of that court, assigned to the Honorable Rebecca R. Pallmeyer for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407. (MDL 3026) (ztnr) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 36 Joint STATUS REPORT by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
MINUTE ORDER denying Defendant Children's National Medical Center's #32 Motion to Stay. The mere possibility that this matter may be transferred to the Northern District of Illinois as a "tag-along" action to the In Re: Preterm Infant Nutrition Products Liability Litigation, MDL No. 3026, does not warrant a stay. Defendant's primary reason for seeking transfer is to "avoid the hardship of having to engage in same or similar discovery twice and face the risk of inconsistent rulings." Def.'s Mot. at 4. But Defendant does not identify what discovery it might have to repeat were this matter to be transferred. It is unlikely that any plaintiff in the MDL would seek discovery from Defendant, as their liability, if any, extends only to Plaintiffs in this case. And to the extent Abbott might seek discovery from Defendant or Defendant from Abbott, it appears that neither party has made any such demand. Defendant also has not identified any potential risk of inconsistent rulings, as there is no motion of any kind pending before this court. Furthermore, to the extent Defendant says that a stay will not prejudice Plaintiffs because they have not meaningfully engaged in discovery, that fact disfavors a stay. Plaintiffs bear the burden of proof, and the clock is running to obtain evidence. If Plaintiffs have dragged their feet, that circumstance potentially will prejudice Plaintiffs, not Defendant, as the court will not grant any extension of the discovery deadline absent a showing of diligence and good cause. Signed by Judge Amit P. Mehta on 7/17/2022. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 35 REPLY to opposition to motion re #32 MOTION to Stay filed by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) Modified on 7/18/2022 to add docket relationship (zed). [Transferred from District of Columbia on 10/17/2022.] |
| Filing 34 Memorandum in opposition to re #32 MOTION to Stay filed by ASHIA GEORGE. (Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 33 CERTIFICATE OF SERVICE by ASHIA GEORGE . (Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 32 MOTION to Stay by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
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Filing 31
ORDER setting the following schedule for further proceedings in this matter: (1) the Parties shall exchange initial disclosures by June 27, 2022; (2) the deadline for joinder of parties and amendment of pleadings is August 15, 2022; (3) the Parties shall submit their initial Joint Status Report regarding the status of discovery on or before August 30, 2022; (4) fact discovery shall conclude on November 21, 2022; (5) Plaintiffs' expert reports and disclosures shall be made by December 12, 2022; (6) Defendant's expert reports and disclosures shall be made by January 16, 2023; (7) the Parties shall submit their second Joint Status Report regarding the status of discovery on or before February 1, 2023; (8) the Parties' rebuttal expert reports and disclosures shall be made on or before February 13, 2023; (9) expert discovery shall conclude on March 3, 2023; (10) a Post-Discovery Conference is set for March 6, 2023 at 4:00 p.m. via videoconference. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 5/27/2021. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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MINUTE ORDER denying Defendant Children's National Medical Center's #28 Motion to Extend Stay. Defendant has not shown good cause for a stay of this matter pending the outcome of any motion to transfer filed and decided by the MDL panel. The court presumes that the MDL panel will move efficiently on any motion to transfer filed by Defendant. The parties can get this case off the ground in the interim. Early discovery in this action, such as the exchange of initial disclosures, will not give rise to the duplicative discovery that Defendant fears. The parties also can intentionally structure discovery in a way to avoid such duplication at the start. In short, the court does not believe that a further stay of this case--even for 60 days--is warranted given the low likelihood that early discovery will produce inefficiencies if this matter is ultimately transferred to the MDL court. The court will separately enter a revised scheduling order. Signed by Judge Amit P. Mehta on 5/27/2022. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 30 REPLY to opposition to motion re #28 MOTION to Stay filed by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) Modified docket relationship on 5/19/2022 (zeg). [Transferred from District of Columbia on 10/17/2022.] |
| Filing 29 RESPONSE re #28 MOTION to Stay Plaintiffs' Response and Opposition to Defendant's Motion to Extend Stay filed by ASHIA GEORGE. (Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 28 MOTION to Stay to Extend Stay by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) Modified event on 4/29/2022 (znmw). [Transferred from District of Columbia on 10/17/2022.] |
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Minute Order. Defendant Children's National Medical Center shall file its motion to extend the stay by April 27, 2022; Plaintiff shall respond to such motion by May 11, 2022; and Defendant shall file its reply by May 18, 2022. Signed by Judge Amit P. Mehta on 4/18/2022. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 27 NOTICE of Ruling by JPML by ASHIA GEORGE (Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
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Filing 26
ORDER granting #25 Consent Motion to Stay. See attached Order for additional details. Signed by Judge Amit P. Mehta on 2/7/2022. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 25 Consent MOTION to Stay by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) Modified docket event/text on 2/4/2022 (zeg). [Transferred from District of Columbia on 10/17/2022.] |
| Filing 24 CERTIFICATE OF SERVICE by CHILDREN'S NATIONAL MEDICAL CENTER Initial Disclosures. (Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 23 CERTIFICATE OF SERVICE by ASHIA GEORGE Pls Initial Disclosures. (Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 22 First ANSWER to Complaint by CHILDREN'S NATIONAL MEDICAL CENTER.(Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 21 TRANSCRIPT OF INITIAL SCHEDULING CONFERENCE VIA ZOOM PROCEEDINGS before Judge Amit P. Mehta held on December 7, 2021; Page Numbers: 1-40. Date of Issuance: December 10, 2021. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public termina l or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/31/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022.(wz) [Transferred from District of Columbia on 10/17/2022.] |
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Filing 20
ORDER setting the following schedule for further proceedings in this matter: (1) the Parties shall exchange initial disclosures by January 6, 2022; (2) the deadline for joinder of parties and amendment of pleadings is March 14, 2022; (3) the Parties shall submit their initial Joint Status Report regarding the status of discovery on or before May 6, 2022; (4) fact discovery shall conclude on June 1, 2022; (5) Plaintiffs' expert reports and disclosures shall be made by June 14, 2022; (6) Defendant's expert reports and disclosures shall be made by July 19, 2022; (7) the Parties shall submit their second Joint Status Report regarding the status of discovery on or before August 1, 2022; (8) the Parties' rebuttal expert reports and disclosures shall be made on or before August 19, 2022; (9) expert discovery shall conclude on October 3, 2022; (10) a Post-Discovery Conference is set for October 4, 2022 at 10 a.m. via videoconference; and (11) the Parties shall be prepared to commence trial on March 6, 2023. See attached Order for additional details. Signed by Judge Amit P. Mehta on 12/07/2021. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 19 NOTICE OF WITHDRAWAL OF APPEARANCE as to ASHIA GEORGE. Attorney Barry J. Nace terminated. (Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Minute Entry for proceedings held before Judge Amit P. Mehta: Initial Scheduling Conference held via videoconference on 12/7/2021. (Court Reporter: William Zaremba) (zjd) [Transferred from District of Columbia on 10/17/2022.] |
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MINUTE ORDER granting in part and denying in part #8 Defendant's Motion to Dismiss. For the reasons stated on the record at the hearing on December 7, 2021, Defendant's Motion to Dismiss is granted with respect to Counts I and III, and denied with respect to Counts II, IV, and V. Signed by Judge Amit P. Mehta on 12/07/2021. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| NOTICE of Hearing: Initial Scheduling Conference reset to 12/7/2021 at 1:30 PM via videoconference before Judge Amit P. Mehta. (zjd) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 18 MEET AND CONFER STATEMENT. (Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 17 Joint MOTION for Extension of Time to File Rule 16 Report by ASHIA GEORGE. (Attachments: #1 Text of Proposed Order)(Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
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MINUTE ORDER granting #17 Motion for Extension of Time to File. The Parties are hereby directed to file their Rule 16 Report by December 3, 2021. Signed by Judge Amit P. Mehta on 12/1/2021. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 16 TRANSCRIPT OF JOINT STATUS CONFERENCE VIA ZOOM PROCEEDINGS before Judge Amit P. Mehta held on November 3, 2021; Page Numbers: 1-25. Date of Issuance: November 22, 2021. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or p urchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/13/2021. Redacted Transcript Deadline set for 12/23/2021. Release of Transcript Restriction set for 2/20/2022.(wz) [Transferred from District of Columbia on 10/17/2022.] |
| Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 11/3/2021. LCvR 16.3 Statements due by 12/1/2021. Initial Scheduling Conference set for 12/7/2021 at 1:00 PM via videoconference before Judge Amit P. Mehta. The courtroom deputy will circulate connection information to counsel. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (Court Reporter: William Zaremba) (zjd) [Transferred from District of Columbia on 10/17/2022.] |
| NOTICE of Hearing: Status Conference reset to 11/3/2021 at 4:00 PM via videoconference before Judge Amit P. Mehta. The courtroom deputy has circulated connection information to counsel. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (zjd) [Transferred from District of Columbia on 10/17/2022.] |
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MINUTE ORDER. The parties in this and related case George v. Abbott Labs (20-cv-2537) shall appear via videoconference for a status conference on the defendant's motions to dismiss, on November 3, 2021, at 9:00 a.m. Judge Mehta's courtroom deputy will coordinate videoconferencing access for the parties. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. The public access line will be muted. Signed by Judge Amit P. Mehta on 10/29/2021. (lcapm1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 15 Case directly reassigned to Judge Amit P. Mehta as related. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) [Transferred from District of Columbia on 10/17/2022.] |
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MINUTE ORDER denying #12 motion for sanctions. Pursuant to Rule 11 of the Federal Rules of Civil Procedure, a court may impose sanctions on any party if a pleading, written motion, or other paper... is presented for any improper purpose;... the claims, defenses, and other legal contentions therein are unwarranted by existing law;... the allegations and other factual contentions have no evidentiary support; or the denials of factual contentions are unwarranted on the evidence. Naegele v. Albers, 355 F. Supp. 2d 129, 143 (D.D.C. 2005) (citing Fed. R. Civ. P. 11(b)-(c)) (internal brackets omitted). Under Rule 11, there are procedural and substantive requirements set forth in the Rule that must be met before a court may impose sanctions. Naegele, 355 F. Supp. 2d at 143 (internal citations omitted). Among other things, [t]he motion must be served under Rule 5, but it must not be filed or presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service.... Fed. R. Civ. P. 11(b)(2). This "safe harbor provision" requires that the motion first be served on the non-movant to allow that party to withdraw the challenged allegation or assertion. Swanson v. Howard University, 249 F. Supp. 3d 259, 266 (D.D.C. 2017). "A court cannot consider the substantive aspects of the motion until this procedural rule has been satisfied." Id. "[A] Rule 11 motion that is not made in compliance with this procedural aspect of the Rule is subject to denial on this basis alone." OCallaghan v. Sifre, 242 F.R.D. 69, 76 (S.D.N.Y. 2007). Plaintiff has not complied with Rule 11's safe harbor provision as her motion includes a certificate of service indicating that the motion was served on the Defendant via the Court's Electronic Case Filing system on January 25, 2021, which was the same day the motion was filed on the public docket. ECF No. 12 at 4. The exhibits to Plaintiff's motion include a January 19, 2021 letter to defense counsel regarding Plaintiff's intent to seek sanctions should Defendant not withdraw the contested argument by January 21, 2021. ECF No. 12-5 at 5. However, the letter is not a sanctions motion. For these reasons, Plaintiff's motion for sanctions is DENIED. Signed by Judge Emmet G. Sullivan on 9/21/2021. (lcegs1) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 14 RESPONSE re #12 MOTION for Sanctions filed by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 13 REPLY to opposition to motion re #8 First MOTION to Dismiss filed by CHILDREN'S NATIONAL MEDICAL CENTER. (Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 12 MOTION for Sanctions by ASHIA GEORGE. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 11 RESPONSE re #8 First MOTION to Dismiss filed by ASHIA GEORGE. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1)(Nace, Christopher) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 10 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by CHILDREN'S NATIONAL MEDICAL CENTER (zjf) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 9 ENTERED IN ERROR.....Civil Statement FED.R.CIV.P.7.1. Disclosure Statement from Children's National Medical Center. (Smith, Adam) Modified on 1/11/2021 (zjf). [Transferred from District of Columbia on 10/17/2022.] |
| Filing 8 First MOTION to Dismiss by CHILDREN'S NATIONAL MEDICAL CENTER (Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 7 ENTERED IN ERROR.....Civil Statement FED.R.CIV.P.7.1. Disclosure Statement from Children's National Medical Center. (Smith, Adam) Modified on 1/11/2021 (zjf). [Transferred from District of Columbia on 10/17/2022.] |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #9 Civil Statement was entered in error and refiled by the clerk's office under the correct category. (See Docket Entry #10 to view document)(zjf) [Transferred from District of Columbia on 10/17/2022.] |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #7 Civil Statement was entered in error and counsel was instructed to refile said pleading. (event is located under NOTICES & is the first event) (zjf) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 6 Consent MOTION for Extension of Time to File an Answer by CHILDREN'S NATIONAL MEDICAL CENTER (Smith, Adam) [Transferred from District of Columbia on 10/17/2022.] |
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MINUTE ORDER granting #6 consent motion for extension of time to file answer. Defendant shall answer or otherwise respond to the Complaint by no later than January 11, 2021. Signed by Judge Emmet G. Sullivan on 12/23/2020. (lcegs3) [Transferred from District of Columbia on 10/17/2022.]
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| Set/Reset Deadlines: Defendant Answer or Otherwise Response To The Complaint due by 1/11/2021. (mac) [Transferred from District of Columbia on 10/17/2022.] |
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Filing 5
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 11/17/20. (Attachment: #1 Exhbit 1) (mac) [Transferred from District of Columbia on 10/17/2022.]
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| Filing 4 SUMMONS (1) Issued Electronically as to CHILDREN'S NATIONAL MEDICAL CENTER. (Attachment: #1 Notice and Consent)(zsb) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 3 NOTICE OF RELATED CASE by O. G., ASHIA GEORGE, ELAJE GONZALES. Case related to Case No. 1:20-cv-02537. (Nace, Barry) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 2 CIVIL COVER SHEET by ASHIA GEORGE, O. G., ELAJE GONZALES re #1 Complaint, filed by ASHIA GEORGE, O. G., ELAJE GONZALES. Related document: #1 Complaint, filed by ELAJE GONZALES, ASHIA GEORGE.(Nace, Barry) [Transferred from District of Columbia on 10/17/2022.] |
| Case Assigned to Judge Emmet G. Sullivan. (zsb) [Transferred from District of Columbia on 10/17/2022.] |
| Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number BDCDC-7769909) filed by ASHIA GEORGE, ELAJE GONZALES. (Attachments: #1 Civil Cover Sheet, #2 Supplement Related Case Form, #3 Summons)(Nace, Barry) (Attachment 1 replaced on 11/6/2020) (znmw). [Transferred from District of Columbia on 10/17/2022.] |
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