Turner v. Granite City Illinois Hospital Company, LLC et al
Plaintiff: A.W. and Heather Turner
Defendant: Dr. Melvin Merritt, Granite City Illinois Hospital Company, LLC, Southern Illinois Healthcare Foundation, Inc., USA and Granite City Illinois Hospital Company, LLC its Agents, Servants and/or Employees doing business as Gateway Regional Medical Center
Case Number: 3:2020cv01302
Filed: December 7, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Gilbert C Sison
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2021 Filing 32 MOTION to Dismiss Pursuant to Rule 12(b)(5), or in the alternative, MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies and/or Expiration of the Statute of Limitations by USA. Responses due by 3/29/2021 (Attachments: #1 Exhibit A - Torres Declaration, #2 Exhibit B - Records Request)(Pfeffer, David)
February 24, 2021 Opinion or Order Filing 31 ORDER finding as moot #13 Motion to Dismiss; finding as moot #13 Motion for Summary Judgment. As per the Court's order at Doc. 30 , this motion is now moot. Signed by Magistrate Judge Gilbert C. Sison on 2/24/2021. (mjf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 24, 2021 Opinion or Order Filing 30 ORDER re #13 MOTION to Dismiss Pursuant to Rule 12(b)(5), or in the alternative MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies and/or Expiration of the Statute of Limitations filed by USA, #28 Reply to Response to Motion, filed by Heather Turner. On January 5, 2021, the Court granted Defendant's motion to substitute (Doc. #11 ); however, due to a clerical error, that motion was vacated on January 8, 2021 (Doc. 18 ), and Defendant United States was not substituted for former Defendant Merritt and Southern Illinois Healthcare Foundation, Inc. until February 18, 2021. (Doc. #29 ). During the brief period in which Defendant United States was erroneously substituted, Defendant filed a motion to dismiss. (Doc. #13 ). However, because Defendant was not properly a party at that time, the Court ORDERS Defendant to resubmit its motion. At that time, Plaintiff will have thirty days to respond to the motion, as per the local rules. See SDIL-LR 7.1(c)(1). Signed by Magistrate Judge Gilbert C. Sison on 2/24/2021. (mjf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 18, 2021 Opinion or Order Filing 29 ORDER granting #3 Motion to Substitute Party; denying #16 Motion to Remand; denying #20 Motion for Extension of Time to Answer. Signed by Magistrate Judge Gilbert C. Sison on 2/17/2021. (mjf)
February 8, 2021 Filing 28 REPLY to Response to Motion re #13 MOTION to Dismiss Pursuant to Rule 12(b)(5), or in the alternative MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies and/or Expiration of the Statute of Limitations filed by Heather Turner. (Scroggins, Morgan)
February 4, 2021 Filing 27 REPLY to Response to Motion re #3 MOTION to Substitute Party filed by USA. (Attachments: #1 Exhibit A - Employment Agreement (Redacted), #2 Exhibit B - 2016 W2 (Redacted), #3 Exhibit C - Merritt Employment Declaration)(Pfeffer, David)
February 4, 2021 Filing 26 RESPONSE in Opposition re #16 MOTION to Remand filed by USA. (Pfeffer, David)
February 1, 2021 Filing 25 NOTICE REGARDING FILING re #24 Notice (Other) filed by Heather Turner. Text entry modified to reflect that attached document is a Reply Brief and not a Notice. This Notice is sent for informational purposes only. (kls3)
January 29, 2021 Filing 24 REPLY Brief in support of Plaintiff's Answer (Scroggins, Morgan) Modified on 2/1/2021 (kls3).
January 22, 2021 Filing 23 RESPONSE in Opposition re #3 MOTION to Substitute Party by Melvin Merritt, Southern Illinois Healthcare Foundation, Inc. filed by Heather Turner. (Scroggins, Morgan) Modified linkage and docket text on 1/28/2021 (lmb).
January 19, 2021 Set/Reset Deadlines as to #20 MOTION for Extension of Time to File Answer . Responses due by 1/29/2021, per Order at Doc. 22. (kls3)
January 19, 2021 Opinion or Order Filing 22 ORDER re #21 Response to Motion filed by USA, #20 MOTION for Extension of Time to File Answer filed by Heather Turner. Local Rule 7.1(c) notes that reply briefs are typically not favored, and should only be filed in exceptional circumstances. Because current third-party United States of America provided Plaintiff discovery pertinent to the present motion prior to that motion's filing, the Court finds exceptional circumstances justify a reply brief in this case. Accordingly, Plaintiff is directed to file a reply brief regarding the United States of America's discovery responses on or before January 29, 2021. Signed by Magistrate Judge Gilbert C. Sison on 1/19/2021. (mjf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 15, 2021 Filing 21 RESPONSE to Motion re #20 MOTION for Extension of Time to File Answer filed by USA. (Pfeffer, David)
January 15, 2021 Filing 20 MOTION for Extension of Time to File Answer by Heather Turner. (Scroggins, Morgan)
January 8, 2021 Set/Reset Deadlines as to #3 MOTION to Substitute Party . Plaintiff to respond up to and including January 22, 2021 to motion to substitute #3 . (Responses due by 1/22/2021) (lmb)
January 8, 2021 Opinion or Order Filing 19 ORDER finding as moot #17 Motion for Reconsideration re #11 Order on Motion to Substitute Party. Per this Court's Order re #17 Motion for Reconsideration 18 , this motion is now moot. Signed by Magistrate Judge Gilbert C. Sison on 1/8/2021. (mjf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 8, 2021 Opinion or Order Filing 18 ORDER re #17 MOTION for Reconsideration filed by Heather Turner. The Court has reviewed Plaintiff's motion for reconsideration and agrees that it miscalculated the appropriate deadline by which Plaintiff could respond to Defendants' motion to substitute #3 . Accordingly, the Court VACATES the January 5, 2021 order #11 , and grants Plaintiff up to and including January 22, 2021 to respond to the motion to substitute. Signed by Magistrate Judge Gilbert C. Sison on 1/8/2021. (mjf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 7, 2021 Filing 17 MOTION for Reconsideration by Heather Turner. (Scroggins, Morgan)
January 7, 2021 Filing 16 MOTION to Remand by Heather Turner. Responses due by 2/11/2021 (Scroggins, Morgan)
January 7, 2021 Filing 15 NOTICE of Appearance by Morgan E. Scroggins on behalf of Heather Turner (Scroggins, Morgan)
January 6, 2021 Filing 14 NOTICE of Appearance by Thomas J. Hayek on behalf of Granite City Illinois Hospital Company, LLC (Hayek, Thomas)
January 5, 2021 Filing 13 MOTION to Dismiss Pursuant to Rule 12(b)(5), or in the alternative, MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies and/or Expiration of the Statute of Limitations by USA. Responses due by 2/8/2021 (Attachments: #1 Exhibit A - Torres Declaration, #2 Exhibit B - Records Request)(Pfeffer, David)
January 5, 2021 Filing 12 NOTICE of Appearance by David J. Pfeffer on behalf of USA (Pfeffer, David)
January 5, 2021 Opinion or Order Filing 11 VACATED PER ORDER 18 : ORDER granting #3 Motion to Substitute Party. Signed by Magistrate Judge Gilbert C. Sison on 1/5/2021. (mjf) Modified on 1/11/2021 (lmb).
December 30, 2020 Filing 10 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Gilbert C. Sison is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 20-cv-1302-GCS. Any District Judge previously assigned will no longer be assigned to this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 30, 2020 Filing 9 NOTICE OF ACTION - See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorneys Morgan Scroggins and Thomas Hayek do not have Notices of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 29, 2020 Filing 8 FINAL CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hayek, Thomas) Unsealed on 12/30/2020 (kek).
December 28, 2020 Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Scroggins, Morgan) Unsealed on 12/30/2020 (kek).
December 23, 2020 Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Pfeffer, David) Unsealed on 12/30/2020 (kek).
December 8, 2020 Filing 5 NOTICE FROM CLERK Instructing Granite City Illinois Hospital Company, LLC to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Granite City Illinois Hospital Company, LLC on 12/8/20. Consent due by 12/29/2020 (lmb)
December 8, 2020 Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Heather Turner, Melvin Merritt, Southern Illinois Healthcare Foundation, Inc.. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-1302-GCS. Consent due by 12/29/2020 (lmb)
December 7, 2020 Filing 3 MOTION to Substitute Party by Melvin Merritt, Southern Illinois Healthcare Foundation, Inc.. (Pfeffer, David)
December 7, 2020 Filing 2 NOTICE of Appearance by David J. Pfeffer on behalf of Melvin Merritt, Southern Illinois Healthcare Foundation, Inc. (Pfeffer, David)
December 7, 2020 Filing 1 NOTICE OF REMOVAL by the United States of America from Third Judicial Circuit, Madison County, IL, case number 2020-L-001263, filed by Melvin Merritt, Southern Illinois Healthcare Foundation, Inc.. (Attachments: #1 State Court Complaint Ex. A - Complaint, #2 Exhibit B - Torres Declaration, #3 Exhibit C - USAO Certification, #4 Civil Cover Sheet)(Pfeffer, David)

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Search for this case: Turner v. Granite City Illinois Hospital Company, LLC et al
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Plaintiff: A.W.
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Plaintiff: Heather Turner
Represented By: Morgan E. Scroggins
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Defendant: Dr. Melvin Merritt
Represented By: David J. Pfeffer
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Defendant: Granite City Illinois Hospital Company, LLC
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Defendant: Southern Illinois Healthcare Foundation, Inc.
Represented By: David J. Pfeffer
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Defendant: USA
Represented By: David J. Pfeffer
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Defendant: Granite City Illinois Hospital Company, LLC its Agents, Servants and/or Employees doing business as Gateway Regional Medical Center
Represented By: Thomas J. Hayek
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