Hayes et al v. Presence Chicago Hospital Network et al
| Sarah Hayes and Mark Hayes |
| Presence Chicago Hospital Network d/b/a AMITA Health Saint Francis Hospital, United States of America, Emilia Celinska-Morris and Joseph Mariamma |
| 1:2023cv01749 |
| March 21, 2023 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1402 Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 MINUTE entry before the Honorable Virginia M. Kendall. On March 21, 2023, this action was removed to this Court under 42 U.S.C. 233 because Defendant Chlebowicz was acting at all relevant times within the scope of her employment with a private entity that receives grant money from the Public Health Service under 42 U.S.C. 254b, and she is deemed a federal employee of the Public Health Service under 42 U.S.C. 233. Upon removal, the United States was substituted as the federal defendant in place of Chlebowicz. The United States moved to dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) for the plaintiffs' failure to exhaust their administrative remedies under the Federal Tort Claims Act. #5 Plaintiffs filed an administrative claim with the Department of Health and Human Services on February 6, 2023 but have not received a denial of the claim as required by 28 U.S.C. 2675(a). The Court thus grants the United States' motion to dismiss #5 according to the parties' joint stipulation #12 . The claims against the United States are dismissed without prejudice. The Court further stays the case against the remaining defendants until the plaintiffs have exhausted their administrative remedies against the United States in accordance with 28 U.S.C. 2675(a). The Court further approves the parties' joint stipulation #5 that the plaintiffs have up to and including 30 days past the completion of the discovery depositions of the Respondents in Discovery to file a motion to convert the Respondents in Discovery to the status of defendants. Mailed notice (lk, ) |
| Filing 12 STIPULATION regarding motion to dismiss #5 (Rosen, Jordan) |
| Filing 11 ATTORNEY Appearance for Plaintiffs Mark Hayes, Sarah Hayes by Margaret Patricia Battersby (Battersby, Margaret) |
| Filing 10 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #5 . Response due by 4/12/2023; Reply due by 4/26/2023. Status hearing set for 6/28/2023 at 9:00 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, ) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Mark Hayes, Sarah Hayes by Cari Francine Silverman (Silverman, Cari) |
| Filing 8 ATTORNEY Appearance for Defendants Emilia Celinska-Morris, Joseph Mariamma, Presence Chicago Hospital Network by Ashley Elizabeth Dus (Dus, Ashley) |
| Filing 7 ATTORNEY Appearance for Defendants Emilia Celinska-Morris, Joseph Mariamma, Presence Chicago Hospital Network by Stetson F. Atwood (Atwood, Stetson) |
| Filing 6 NOTICE of Motion by Jordan Alexander Rosen for presentment of motion to dismiss #5 before Honorable Virginia M. Kendall on 4/4/2023 at 09:00 AM. (Rosen, Jordan) |
| Filing 5 MOTION by Defendant United States of America to dismiss under Rule 12(b)(1) and 12(b)(6) (Rosen, Jordan) |
| Filing 4 MAILED notice of removal letter to counsel of record. (nsf, ) |
| 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. (nsf, ) |
| Filing 3 DESIGNATION of Jordan Alexander Rosen as U.S. Attorney for Defendant United States of America (Rosen, Jordan) |
| Filing 2 CIVIL Cover Sheet (Rosen, Jordan) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, Law Division, case number (2022L008325) filed by United States of America (Rosen, Jordan) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jb, ) |
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