Vandervelden v. Lucas-Foster et al
Plaintiff: Lisa Vandervelden
Defendant: Derek Pachacek, Emily Culliney, Neil McClymont, St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis, Infinity - Meds, LLP, USA, Heather Lucas-Foster, Kristin Reineke-Piper, Protestant Memorial Medical Center,Inc and Protestant Memorial Medical Center, Inc.
3Rd Party Plaintiff: Saint Louis University
Case Number: 3:2019cv00769
Filed: July 16, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Reona J Daly
Referring Judge: Nancy J Rosenstengel
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1442
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2019 Filing 22 ANSWER to Complaint Saint Louis University's Amended Third-Party Complaint (Doc. 18) by USA.(Garrison, Suzanne)
September 6, 2019 Filing 21 RESPONSE to Motion re #12 MOTION to Remand filed by USA. (Garrison, Suzanne)
September 5, 2019 Filing 20 MOTION to Withdraw #6 MOTION to Dismiss Third Party Complaint by USA. (Garrison, Suzanne)
August 28, 2019 Filing 19 MOTION to Consolidate Cases by Saint Louis University. (Richards, Timothy)
August 27, 2019 Filing 18 AMENDED Third Party Complaint by Saint Louis University. (Attachments: #1 Exhibit A)(Richards, Timothy)
August 26, 2019 Filing 17 RESPONSE in Opposition re #6 MOTION to Dismiss Third Party Complaint filed by Saint Louis University. (Richards, Timothy)
August 20, 2019 Opinion or Order Filing 16 ORDER GRANTING #15 Motion to Extend/Confirm Date. Defendant Saint Louis University shall file its response to Plaintiff's Motion to Remand, or in the Alternative, Motion to Sever and Consolidate, or Strike as Redundant and Decline Supplemental Jurisdiction (Doc. #12 ) on or before September 16, 2019. SLU may address Plaintiff's alternative motions in one response. Response due by 9/16/2019. Signed by Chief Judge Nancy J. Rosenstengel on 8/20/2019. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 15, 2019 Filing 15 MOTION for Extension of Time to File Response/Reply by Saint Louis University. (Richards, Timothy)
August 15, 2019 Filing 14 AMENDED COMPLAINT against Saint Louis University, filed by Lisa Vandervelden.(Keefe, Thomas)
August 15, 2019 Filing 13 NOTICE by Lisa Vandervelden (Keefe, Thomas)
August 15, 2019 Filing 12 MOTION to Remand by Lisa Vandervelden. Responses due by 9/19/2019 (Attachments: #1 Exhibit Plaintiff's Motion to Sever)(Keefe, Thomas)
August 8, 2019 Filing 11 NOTICE of Appearance by Timothy S. Richards on behalf of Saint Louis University (Richards, Timothy)
August 2, 2019 Filing 10 NOTICE of Appearance by Michael J. Nester on behalf of Protestant Memorial Medical Center, Inc. (Nester, Michael)
August 1, 2019 Opinion or Order Filing 9 ORDER DENYING #8 Joint Motion to Dismiss Without Prejudice. On July 31, 2019, the parties filed a Joint Motion to Dismiss, seeking to dismiss Defendants Protestant Memorial Medical Center and Neil McClymont, D.O. from the case. Although the parties do not cite to any rule, Federal Rule of Civil Procedure 41 allows for stipulations of dismissals under certain circumstances, but the rule is circumscribed to dismissals of "actions," not "parties" or "claims," meaning that the rule cannot be used to cleave away one claim or one party from a larger case. See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015); Musa v. Kabul, Inc., 15-cv-804, 2016 WL 4734743, at *1 (W.D. Wisc. Sept. 9, 2016). Thus, to dismiss defendants from a case that will otherwise continue, a plaintiff instead must file an amended complaint, which he or she can do as of right in some circumstances and on motion in others. See Fed. R. Civ. P. 15. Plaintiff is granted leave to file an amended complaint by August 15, 2019. The Court also notes that attorney Michael Nester has signed this motion on behalf of Defendant Protestant Memorial Medical Center, Inc., but has not entered an appearance in this case. Signed by Chief Judge Nancy J. Rosenstengel on 8/1/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 31, 2019 Filing 8 Joint MOTION to Dismiss Without Prejudice Defendants Protestant Memorial Medical Center and Neil McClymont, D.O. by Neil McClymont. Responses due by 9/3/2019 (Schoemaker, Donald)
July 31, 2019 Filing 7 NOTICE of Appearance by Christian R. Willenborg on behalf of St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis (Willenborg, Christian)
July 26, 2019 Filing 6 MOTION to Dismiss Third Party Complaint by Emily Culliney, Heather Lucas-Foster, Kristin Reineke-Piper, USA. Responses due by 8/29/2019 (Garrison, Suzanne)
July 24, 2019 Filing 5 NOTICE of Appearance by Stephen R. Kaufmann on behalf of St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis (Kaufmann, Stephen)
July 24, 2019 Filing 4 NOTICE of Appearance by Donald K. Schoemaker on behalf of Neil McClymont (Schoemaker, Donald)
July 17, 2019 Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 19-cv-769-NJR-RJD. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (Attachments: #1 Consent Brochure)(cds)
July 17, 2019 Filing 2 NOTICE of Appearance by Suzanne M. Garrison on behalf of Emily Culliney, Heather Lucas-Foster, Kristin Reineke-Piper, USA (Garrison, Suzanne)
July 16, 2019 Filing 1 NOTICE OF REMOVAL from St. Clair County, case number 18-L-680, filed by All Defendants. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Civil Cover Sheet)(Garrison, Suzanne)

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Defendant: Derek Pachacek
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Defendant: Emily Culliney
Represented By: Suzanne M. Garrison
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Defendant: Neil McClymont
Represented By: Donald K. Schoemaker
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Defendant: St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis
Represented By: Stephen R. Kaufmann
Represented By: Christian R. Willenborg
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Defendant: Infinity - Meds, LLP
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Defendant: USA
Represented By: Suzanne M. Garrison
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Defendant: Heather Lucas-Foster
Represented By: Suzanne M. Garrison
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Defendant: Kristin Reineke-Piper
Represented By: Suzanne M. Garrison
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Defendant: Protestant Memorial Medical Center,Inc
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Defendant: Protestant Memorial Medical Center, Inc.
Represented By: Michael J. Nester
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3rd party plaintiff: Saint Louis University
Represented By: Timothy S. Richards
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Plaintiff: Lisa Vandervelden
Represented By: Thomas Q. Keefe, Jr.
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