Rowan v. SIU Physicians and Surgeons, Inc.
| Lynda Rowan and Richard Rowan |
| SIU Physicians and Surgeons, Inc. a/k/a SIU Healthcare, Kyaw Naing, Wilson Cueva, SIU Physicians and Surgeons Inc. and SIU Healthcare |
| 3:2023cv01212 |
| April 12, 2023 |
| US District Court for the Southern District of Illinois |
| Gilbert C Sison |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Medical Malpractice |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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Filing 29
REPLY to Response to Motion re #10 MOTION for Summary Judgment , #8 MOTION to Dismiss Defendant, Kyaw Naing, M.D. with Prejudice and MOTION to Substitute Party filed by Kyaw Naing. (Attachments: #1 Exhibit Deeming Letter)(Wyatt, Nathan)
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Filing 28
NOTICE of Hearing: Telephonic Status Conference set for 6/15/2023 at 10:00 AM before Magistrate Judge Gilbert C. Sison. Instructions for joining the conference call are as follows: Call toll free 1-888-273-3658; when prompted enter Access code 5699758; when prompted enter the four digit Security Code: 1212.(cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
ORDER re 24 Order to Show Cause re Consent. The Court finds that Respondent Cueva has demonstrated sufficient reasons for the delay in filing the consent form #25 . The Show Cause Order is discharged. Signed by Magistrate Judge Gilbert C. Sison on 5/22/2023.(kbh) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 26
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Meyers, Caitlin)
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Filing 25
RESPONSE TO ORDER TO SHOW CAUSE by Wilson Cueva filed by Wilson Cueva. (Meyers, Caitlin)
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Set/Reset Deadlines: Show Cause Response due by 5/30/2023. (lmb)
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Filing 24
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Respondent Wilson Cueva was previously directed to file the provided form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent #13 . The time for doing so has passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Respondent Cueva and/or Counsel of Record is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 05/30/2023. Signed by Magistrate Judge Gilbert C. Sison on 5/16/2023. (kbh) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
NOTICE of Appearance by John P. Womick on behalf of All Plaintiffs (Womick, John)
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Filing 22
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. Attorney John Womick does not have a Notice of Appearance on file in this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 21
OBJECTION to #11 MOTION to Dismiss by Wilson Cueva by All Plaintiffs. (Womick, John) Modified docket text on 5/17/2023 (lmb).
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Filing 20
RESPONSE to Motion re #10 MOTION for Summary Judgment , #8 MOTION to Dismiss Defendant, Kyaw Naing, M.D. with Prejudice and MOTION to Substitute Party filed by All Plaintiffs. (Womick, John)
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Filing 19
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Womick, John)
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Filing 18
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #17 Response to Motion, filed by Lynda Rowan, Richard Rowan. Filer attempts to file mutiple documents as attachments to motion instead of their own docket entries. Certificate of service must be filed as last page of document and not as its own document entry. Consent/Non-Consent to be filed using own event (Civil>Other Filings>Other Documents>Consent/Non-Consent to US Magistrate Judge). Discovery (including Request for Production) shall not be filed in this court. See Rule 26.1(b) Filing of Disclosure and Discovery. Interrogatories under Federal Rule of Civil Procedure 33 and the answers thereto, requests for production or inspection under Federal Rule of Civil Procedure 34, and depositions under Federal Rules of Civil Procedure 30 and 31 shall be served upon other counsel or parties but shall not be filed with the court. This includes notice of service of discovery documents. The party responsible for service of the discovery material shall retain the original and become the custodian thereof. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ENTRY STRICKEN: RESPONSE to Motion re #8 MOTION to Dismiss Defendant, Kyaw Naing, M.D. with Prejudice and MOTION to Substitute Party , #10 MOTION for Summary Judgment , #11 MOTION to Dismiss Reply to Dr. Naing's Motions filed by All Plaintiffs. (Attachments: #1 Consent to Magistrate Judge Notice of Consent, #2 Objections to MTD, #3 Request to Produce, #4 Certificate of Service)(Womick, John) Modified on 5/15/2023 (lmb).
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Filing 16
NOTICE of Appearance by Caitlin M. Meyers on behalf of Wilson Cueva (Meyers, Caitlin)
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Filing 15
NOTICE of Appearance by Edward S. Bott, Jr on behalf of Wilson Cueva (Bott, Edward)
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Filing 14
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. Attorney Meyers does not have a Notice of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
NOTICE: Lynda Rowan, Richard Rowan and Wilson Cueva was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 347, Lynda Rowan, Richard Rowan and Wilson Cueva shall return the form within 7 days or face possible sanctions. Consent due by 5/12/2023 (clw)
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Filing 12
MEMORANDUM in Support re #11 MOTION to Dismiss filed by Wilson Cueva. (Meyers, Caitlin)
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Filing 11
MOTION to Dismiss by Wilson Cueva. (Meyers, Caitlin)
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Filing 10
MOTION for Summary Judgment by Kyaw Naing. (Wyatt, Nathan)
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Filing 9
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan)
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Filing 8
MOTION to Dismiss Defendant, Kyaw Naing, M.D. with Prejudice and, MOTION to Substitute Party by Kyaw Naing. (Wyatt, Nathan)
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Filing 7
NOTICE OF ACTION re #1 Notice of Removal filed by Kyaw Naing. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
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 Orders 257 and 341. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this 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 Nos. 257 and 341, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent 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: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-212-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 5/4/2023 (kdw)
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Filing 5
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #4 Case Opening Notification. Docket Clerk error. Incorrect Case open notice entered. Correct notice to be entered. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
STRICKEN Notice of Judge Assignment. Magistrate Judge Gilbert C. Sison assigned. All future documents must bear case number 23-212-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw) Modified on 4/13/2023 (kdw).
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Filing 3
NOTICE of Appearance by Nathan E. Wyatt on behalf of Kyaw Naing (Wyatt, Nathan)
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Filing 2
EXHIBIT by Kyaw Naing. Exhibit to #1 Notice of Removal Exhibit B - Declaration. (Wyatt, Nathan)
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Filing 1
NOTICE OF REMOVAL from Jackson County, case number 2022LA55, filed by Kyaw Naing. (Attachments: #1 Exhibit State Complaint, #2 Exhibit Certification of Scope of Employment, #3 Exhibit Civil Cover Sheet)(Wyatt, Nathan)
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