Mitchell v. USA et al
Plaintiff: Alexis Mitchell
Defendant: United States of America, Anderson Hospital, Michael J. Wilson, M.D., USA and Michael J Wilson
Case Number: 3:2023cv02658
Filed: August 1, 2023
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 2271 Federal Tort Claims Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2023 Filing 24 NOTICE of Appearance by Jamie L. Bracewell on behalf of Anderson Hospital (Bracewell, Jamie)
September 11, 2023 Filing 23 NOTICE of Appearance by Diane S. Robben on behalf of Anderson Hospital (Robben, Diane)
September 1, 2023 Filing 22 MOTION to Dismiss for Failure to State a Claim as to Dr. A. Russell, Dr. S. Sidwell, Dr. M. Fedder (Statute of Repose) by Anderson Hospital. (Attachments: #1 Exhibit 1 - Plaintiff's State Court Complaints, #2 Exhibit 2 - Anderson Hospital Motion to Dismiss, #3 Exhibit 3 - Notice of Remand (Prior Federal Action), #4 Exhibit 4 - October 4, 2022 Order Terminating Respondents in Discovery, #5 Exhibit 5 - Plaintiff's Omnibus Response to Motions to Dismiss, #6 Exhibit 6 - January 3, 2023 Order on Various Motions, #7 Exhibit 7 - March 31, 2023 Voluntary Dismissal)(Melzer, Katherine)
September 1, 2023 Filing 21 MOTION to Dismiss for Failure to State a Claim as to Dr. Aaron Biala (Statute of Repose, Res Judicata) by Anderson Hospital. (Attachments: #1 Exhibit 1 - Plaintiff's State Court Complaints, #2 Exhibit 2 - Anderson Hospital, Dr. Biala Motions to Dismiss, #3 Exhibit 3 - Notice of Removal to Prior Federal Case, #4 Exhibit 4 - Plaintiff's Omnibus Motion to Dismiss Response, #5 Exhibit 5 - January 3, 2023 Order Dismissing Dr. Biala, #6 Exhibit 6 - March 31, 2023 Voluntary Dismissal)(Melzer, Katherine)
September 1, 2023 Filing 20 MOTION to Dismiss for Failure to Comply with 735 ILCS 5/2-622 by Anderson Hospital. (Melzer, Katherine)
September 1, 2023 Filing 19 MOTION to Dismiss for Failure to State a Claim or, in the alternative, for More Definite Statement by Anderson Hospital. (Melzer, Katherine)
September 1, 2023 Filing 18 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Anderson Hospital identifying Corporate Parent Anderson Healthcare for Anderson Hospital. (Melzer, Katherine)
September 1, 2023 Filing 17 NOTICE of Appearance by Katherine A. Melzer on behalf of Anderson Hospital (Melzer, Katherine)
August 24, 2023 Filing 16 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 347, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Staci M. Yandle for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 23-2658-SMY. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 23, 2023 Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Zayed, Adam)
August 23, 2023 Opinion or Order Filing 14 ORDER GRANTING #12 Consent MOTION for Extension of Time to File Answer Plaintiff's Complaint filed by Michael J Wilson. Defendant Michael J Wilson shall file his answer or otherwise respond to Plaintiff's complaint by 10/5/2023. Signed by Magistrate Judge Reona J. Daly on 8/23/2023. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 23, 2023 Filing 13 NOTICE FROM CLERK Instructing Michael J. Wilson. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, 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: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Michael J. Wilson. on 08/23/2023. Consent due by 9/13/2023 (kdw)
August 22, 2023 Filing 12 Consent MOTION for Extension of Time to File Answer Plaintiff's Complaint by Michael J Wilson. (Zych, James)
August 22, 2023 Filing 11 NOTICE of Appearance by James J. Zych on behalf of Michael J Wilson (Zych, James)
August 7, 2023 Filing 10 Summons Issued as to USA. Original sent to Attorney Zayed. (jle)
August 7, 2023 Filing 9 Summonses Issued as to Anderson Hospital and Michael J Wilson. Originals mailed to Attorney Zayed. (jle)
August 4, 2023 Filing 8 Summons Requested. (Zayed, Adam)
August 4, 2023 Filing 7 Summons Requested. (Zayed, Adam)
August 4, 2023 Filing 6 Summons Requested. (Zayed, Adam)
August 4, 2023 Filing 5 Summons Requested. (Zayed, Adam)
August 3, 2023 Filing 4 NOTICE of Appearance by Adam J. Zayed on behalf of Alexis Mitchell (Zayed, Adam)
August 2, 2023 Filing 3 NOTICE OF ACTION re #1 Complaint, filed by Alexis Mitchell. 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 Zayed does not have a Notice of Appearance on file in this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 2, 2023 Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order 347. 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 No. 347, 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: Alexis Mitchell. 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 23-2658-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 8/23/2023.(kdw)
August 1, 2023 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-5150471.), filed by Alexis Mitchell. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Civil Cover Sheet)(Zayed, Adam)

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Plaintiff: Alexis Mitchell
Represented By: Adam J. Zayed
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Defendant: United States of America
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Defendant: Anderson Hospital
Represented By: Katherine A. Melzer
Represented By: Diane S. Robben
Represented By: Jamie L. Bracewell
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Defendant: Michael J. Wilson, M.D.
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Defendant: USA
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Defendant: Michael J Wilson
Represented By: James J. Zych
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