Barnhart v. Fairfield Memorial Hospital et al
| Jason Barnhart |
| Fairfield Memorial Hospital, Steven C Mitchell, M.D., Steven C Mitchell and USA |
| 3:2021cv01430 |
| November 15, 2021 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.
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Filing 18
JUDGMENT IN A CIVIL ACTION. Approved by Judge David W. Dugan on 1/7/2022. (dmw2)
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Filing 17
ORDER. For the reasons stated in the attached Memorandum and Order, this action is DISMISSED, without prejudice, based on Plaintiff's failure to comply with this Court's Order (Doc. 15) and failure to prosecute. The Clerk's Office is DIRECTED to close the case and enter judgment accordingly. Signed by Judge David W. Dugan on 1/6/2022. (arm)
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Filing 16
NOTICE RESETTING Hearing: Pursuant to the Court's Order entered on December 20, 2021 (Doc. 15), the Scheduling Conference set for 12/28/2021 is RESET to 1/12/2022 at 3:00 PM via Zoom video conference before Judge David W. Dugan. The parties will receive an updated Zoom invitation via email from the Court. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
ORDER granting #3 , #6 . For the reasons stated in the attached Memorandum and Order, the Motion to Dismiss Defendant Mitchell with prejudice (Doc. 3) is GRANTED. The United States of America is hereby SUBSTITUTED as a defendant in place of Defendant Mitchell. The United States' Motion to Dismiss Based on Failure to Exhaust Administrative Remedies (Doc. 6) is GRANTED. Plaintiff's claims against the United States in Count II are DISMISSED, without prejudice. Plaintiff is ORDERED TO SHOW CAUSE why Defendant Fairfield Memorial Hospital should not be dismissed without prejudice for a failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff's response shall be filed by January 3, 2022. Failure to comply with the Court's Order shall result in dismissal of Defendant Fairfield Memorial Hospital. The Scheduling Conference currently set for December 28, 2021 will be reset by separate notice. (Action due by 1/3/2022). Signed by Judge David W. Dugan on 12/20/2021. (arm)
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Filing 14
NOTICE REGARDING FILING re #12 Motion to Appear Pro Hac Vice filed by Fairfield Memorial Hospital. Document contains a proposed order. Proposed orders are not to be filed, rather they should be submitted via email to the assigned Judge. This Notice is sent for future informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER granting #12 Motion to Appear Pro Hac Vice filed by Attorney Gino Paul Gusmano. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
MOTION to Appear Pro Hac Vice by Attorney Gino Paul Gusmano $200 fee paid,receipt number AILSDC-4656875 by on behalf of Fairfield Memorial Hospital. (Gusmano, Gino)
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Filing 11
ORDER granting (Doc. #10 ) Motion to Stay Discovery. On November 15, 2021, the United States of America, on behalf of Defendant Steven C. Mitchell removed this matter to this Court (Doc. 1). By Motion dated November 15, 2021, the United States seeks to be substituted for Defendant Mitchell, alleging that Mitchell is a "deemed" federal employee eligible for Federal Tort Claims Act coverage pursuant to the Federally Supported Health Centers Assistance Act (Doc. 3). On November 16, 2021, the United States filed a Motion to Dismiss (Doc. 6) asking the Court to dismiss Plaintiff's claims against Defendant Mitchell for a failure to exhaust administrative remedies under the Federal Tort Claims Act (Doc. 6). Plaintiff's deadlines to respond to the Motion to Substitute and Motion to Dismiss have not yet passed. By Motion dated November 26, 2021, Defendant Mitchell and the United States of America filed an Unopposed Motion to Stay Discovery (Doc. 10), requesting a stay of all discovery deadlines in this matter until after the disposition of the pending Motion to Dismiss. The United States represents that counsels for Plaintiff and Defendant Fairfield Memorial Hospital do not object to the requested stay. Accordingly, the unopposed Motion to Stay (Doc. 10) is GRANTED, and the Court STAYS all discovery deadlines in this matter until after the disposition of the pending Motion to Dismiss. The parties are still DIRECTED to submit their Joint Report of the Parties in accordance with the instructions in the Order at Doc. 8. Signed by Judge David W. Dugan on 11/29/2021. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
MOTION to Stay Discovery by Steven C Mitchell. (Syrcle, Ray)
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Filing 9
ORDER REFERRING CASE to Mediation.. Signed by Judge David W. Dugan on 11/23/2021. (dmw2)
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Filing 8
ORDER. Scheduling Conference set for 12/28/2021 at 10:30 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 12/21/2021 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Judge David W. Dugan on 11/23/2021. (Attachments: #1 JROP)(dmw2)
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Filing 7
CJRA TRACK C assigned: Final Pretrial Conference set for 5/4/2023 at 10:00 AM and Bench Trial set for 5/15/2023 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 11/23/2021. (dmw2)
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Filing 6
MOTION to Dismiss , or in the Alternative, for Summary Judgment, for Failure to Exhaust Administrative Remedies by Steven C Mitchell. (Attachments: #1 Exhibit A--Declaration of Meredith Torres)(Syrcle, Ray)
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Filing 5
NOTICE OF MODIFICATION re #1 Notice of Removal, filed by Steven C Mitchell. Docket text has been modified to indicate the removal is only filed by Defendant Steven C Mitchell M.D. No further action is required by the filer in relation to this notification. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 21-cv-1430-DWD. (kek)
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Filing 3
MOTION to Substitute Party by Steven C Mitchell, M.D.. (Syrcle, Ray)
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Filing 2
NOTICE of Appearance by Ray M. Syrcle on behalf of Fairfield Memorial Hospital, Steven C Mitchell, M.D. (Syrcle, Ray)
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Filing 1
NOTICE OF REMOVAL from Wayne, case number 21-L-3, filed by Steven C Mitchell, M.D., Fairfield Memorial Hospital. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Civil Cover Sheet Attachment)(Syrcle, Ray)
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