O'Toole v. United States of America
| Mika O'Toole |
| of America United States |
| 1:2024cv02590 |
| April 1, 2024 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| None |
Docket Report
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| Filing 25 MAILED Rule 83.15 letter to counsel of record. (gcy, ) |
| Filing 24 RECEIVED from Ohio Northern; Case Number 1:22-cv-01704 (gcy) |
Filing 23
Order. For the reasons stated, Defendant's Motion for Judgment on the Pleadings (R. #18 ) is DENIED. Defendant's Motion to Dismiss for Improper Venue (R. #18 ) is DENIED. Defendant's Motion to Transfer to the Northern District of Illinois (R. #18 ) under 28 U.S.C. 1404(a) is DENIED. The Court, however, orders the TRANSFER of this case to the Northern District of Illinois under 28 U.S.C. 1406(a). Judge David A. Ruiz on 3/29/2024. (G,CA) [Transferred from Ohio Northern on 4/1/2024.]
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| Filing 22 Reply in support of #18 Motion for judgment on the pleadings due to statute of limitations; alternatively Motion to dismiss for improper venue, or in the alternative Motion to transfercase to the Northern District of Illinois filed by United States of America. (Staley Rafferty, Cara) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 21 Opposition to #18 Motion for judgment on the pleadings due to statute of limitations; alternatively Motion to dismiss for improper venue, or in the alternative Motion to transfer case to the Northern District of Illinois filed by All Plaintiffs. (Attachments: #1 Exhibit Death Certificate, #2 Exhibit License, #3 Exhibit Insurance cards)(Robenalt, Thomas) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 20 Motion for extension of time until 05/18/2023 to file response/reply to #18 Motion for judgment on the pleadings due to statute of limitations; alternatively Motion to dismiss for lack of jurisdiction, or in the alternative Motion to transfer case to the Northern District of Illinois filed by Plaintiff Mika O'Toole. (Related document(s) #18 ) (Robenalt, Thomas) [Transferred from Ohio Northern on 4/1/2024.] |
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Order [non-document] granting Plaintiff's #20 Motion for Extension of Time. Plaintiff shall respond to Defendant's #18 Motion for Judgment on the Pleadings and Motions in the Alternative on or before 5/18/2023. Judge David A. Ruiz on 4/18/2023. (C,TA) [Transferred from Ohio Northern on 4/1/2024.]
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| Filing 19 Notice of Withdrawal of Counsel (John Colan) and Notice of Appearance of Additional Counsel (Shaun E. Young) filed by Mika O'Toole. (Robenalt, Thomas) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 18 Motion for judgment on the pleadings due to statute of limitations; alternatively, Motion to dismiss for improper venue; or in the alternative, Motion to transfer case to the Northern District of Illinois pursuant to 28 U.S.C. 1404(a) filed by Defendant United States of America. (Attachments: #1 Brief in Support, #2 Exhibit A - Illinois Criminal Complaint, #3 Exhibit B- Illinois Indictment, #4 Exhibit C- New Jersey Criminal Complaint, #5 Exhibit D- Illinois Docket Entry re Bond Revocation, #6 Exhibit E - Application for Authority to Administer Estate, #7 Exhibit F- Petition for Letters of Administration)(Lubrani, Kimberly). Added Motion to dismiss for improper venue, Motion to change/transfer venue on 4/18/2023 (H,JL). Modified on 4/18/2023 (H,JL). [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 17 Motion for extension of time until April 10, 2023 to answer or respond to amended complaint filed by Defendant United States of America. (Lubrani, Kimberly) [Transferred from Ohio Northern on 4/1/2024.] |
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Order [non-document] granting Defendant's #17 Motion for extension of time until 4-10-2023 to answer or respond to amended complaint. Judge David A. Ruiz on 3/23/2023. (G,CA) [Transferred from Ohio Northern on 4/1/2024.]
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Filing 16
Order [non-document] granting #15 Defendant's Motion for Extension of Time to Answer or Respond to Amended Complaint until March 24, 2023. Any subsequent filings may not adopt or incorporate prior filings by reference, but each party must present their entire position and arguments in the new filings. Judge David A. Ruiz on 03/20/2023. (K,SJ) [Transferred from Ohio Northern on 4/1/2024.]
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| Filing 15 Motion for extension of time until March 24, 2023 to answer or respond to amended complaint, filed by Defendant United States of America. Related document(s) #10 . (Staley Rafferty, Cara) [Transferred from Ohio Northern on 4/1/2024.] |
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Filing 14
Order [non-document] denying Defendant's Motion to change/transfer venue without prejudice to renewing such motion after Defendant answers or otherwise responds to the Amended Complaint (Related Doc #6 ). Judge David A. Ruiz on 02/23/2023. (K,SJ) [Transferred from Ohio Northern on 4/1/2024.]
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Order [non-document] granting #13 Defendant's Motion for Extension of Time until March 17, 2023 to answer or respond to amended complaint. Any subsequent filings may not adopt or incorporate prior filings by reference, but each party must present their entire position and arguments in the new filings. Judge David A. Ruiz on 02/23/2023. (K,SJ) [Transferred from Ohio Northern on 4/1/2024.]
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| Filing 13 Motion for extension of time until March 17, 2023 to answer or respond to amended complaint filed by Defendant United States of America. (Staley Rafferty, Cara) [Transferred from Ohio Northern on 4/1/2024.] |
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Filing 12
Order granting Plaintiff's #9 Motion to amend complaint; granting Defendant's #5 Motion for extension of time to answer until 30 days following the Court's ruling on Defendant's motion to change or transfer venue (R. 6). Amended Complaint (R. #10 ) is deemed filed as of 2/10/2023. Judge David A. Ruiz on 2/16/2023. (G,CA) [Transferred from Ohio Northern on 4/1/2024.]
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| Filing 11 Motion for Expedited Ruling on Plaintiff's Motion to Amend Complaint Pursuant to Federal Rule of Civil Procedure 15(a)(1) and 15(a)(2) filed by Plaintiff Mika O'Toole. (Robenalt, Thomas) [Transferred from Ohio Northern on 4/1/2024.] |
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Order [non-document] denying as moot Plaintiff's #11 Motion for Expedited Ruling on Plaintiff's Motion to Amend Complaint. Judge David A. Ruiz on 2/16/2023. (G,CA) [Transferred from Ohio Northern on 4/1/2024.]
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| Filing 10 Amended complaint for Monetary Damages, Medical Malpractice, Negligence, Wrongful Death, and Survival, Pursuant to the Federal Tort Claims Act and Illinois Law. Filed by Mika O'Toole. (Attachments: #1 Exhibit A Letters of Authority, #2 Exhibit B Letters of Office) (Robenalt, Thomas) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 9 Motion to Amend #1 Complaint Pursuant to Federal Rule of Civil Procedure 15(a)(1) and 15(a)(2) filed by Plaintiff Mika O'Toole. (Attachments: #1 Exhibit 1 Letters of Authority, #2 Exhibit 2 Emails, #3 Exhibit 3 Letters of Office Circuit Court)(Robenalt, Thomas) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 8 Reply in support of #6 Motion to change/transfer venue to the Northern District of Illinois Pursuant to 28 U.S.C. 1404(a) filed by United States of America. (Staley Rafferty, Cara) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 7 Opposition to #6 Motion to change/transfer venue to the Northern District of Illinois Pursuant to 28 U.S.C. 1404(a) filed by All Plaintiffs. (Colan, John) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 6 Motion to change/transfer venue to the Northern District of Illinois Pursuant to 28 U.S.C. 1404(a) filed by Defendant United States of America. (Attachments: #1 Brief in Support, #2 Exhibit A - Illinois Criminal Complaint, #3 Exhibit B - Illinois Indictment, #4 Exhibit C - Illinois Initial Appearance Order, #5 Exhibit D - New Jersey Criminal Complaint, #6 Exhibit E - Illinois Docket Entry re Bond Revocation, #7 Exhibit F - New Jersey Order of Detention Pending Trial, #8 Exhibit G - Amended Order for Evaluation of Compentency)(Staley Rafferty, Cara) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 5 Motion for extension of time until 30 days following Courts order on Defendants motion to transfer to answer filed by Defendant United States of America. (Staley Rafferty, Cara) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 4 Return of Service by Clerk by certified mail executed upon United States of America c/o U.S. Attorney General on 10/7/2022 filed on behalf of Mika O'Toole. Related document(s) #2 . (R,AP) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 3 Attorney Appearance by Cara L. Staley Rafferty and Kimberly L. Lubrani filed by on behalf of United States of America. (Staley Rafferty, Cara) [Transferred from Ohio Northern on 4/1/2024.] |
| Service by Clerk. Summons and Complaint addressed to United States of America, c/o Michelle M. Baeppler, Receipt # 9490 9111 0803 3546 8977 13 and to United States of America, c/o Attorney General Merrick B. Garland, Receipt #: 9490 9111 0803 3546 8698 57 placed in U.S. Mail. Type of service: certified mail. (Mc,K) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon United States of America c/o US Attorney and US Attorney General. (Attachments: #1 Magistrate Consent Form). (L,MI) [Transferred from Ohio Northern on 4/1/2024.] |
| Filing 1 Complaint for monetary damages, medical malpractice, negligence, wrongful death, and survival, pursuant to the federal tort claims act and Illinois law against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11629343. Filed by Mika O'Toole. (Attachments: #1 Exhibit A - Letters of Authority, #2 Exhibit B - Denial Letter, #3 Civil Cover Sheet, #4 Praecipe for Summons, #5 Summons, #6 Summons). (Robenalt, Thomas) [Transferred from Ohio Northern on 4/1/2024.] |
| Judge David A. Ruiz assigned to case. (L,MI) [Transferred from Ohio Northern on 4/1/2024.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (L,MI) [Transferred from Ohio Northern on 4/1/2024.] |
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| Plaintiff: Mika O'Toole | |
| Represented By: | John P. Colan, Sr. |
| Represented By: | Shaun E. Young |
| Represented By: | Thomas D. Robenalt |
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| Defendant: of America United States | |
| Represented By: | Cara L. Staley Rafferty |
| Represented By: | Kimberly L. Lubrani |
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