CHIARO v. THE METHODIST HOSPITALS, INC.
Plaintiff: KEITH CHIARO and JANE DOE
Defendant: THE METHODIST HOSPITALS, INC.
Case Number: 1:2023cv01051
Filed: June 16, 2023
Court: US District Court for the Southern District of Indiana
Presiding Judge: Sarah Evans Barker
Referring Judge: M Kendra Klump
2 Judge: Crystal S Wildeman
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2023 Opinion or Order Filing 51 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by Plaintiffs KEITH CHIARO, JANE DOE, re #13 Brief/Memorandum in Support. (Attachments: #1 Exhibit 1 - Hancock Regional - Order on Motion to Remand) (Toops, Lynn)
November 17, 2023 Opinion or Order Filing 50 ORDER REGARDING DISCOVERY DISPUTES. See Order for details. Signed by Magistrate Judge Crystal S. Wildeman on 11/17/2023.(LBT)
November 17, 2023 Opinion or Order Filing 49 MINUTE ORDER for proceedings held before Magistrate Judge Crystal S. Wildeman: Initial Pretrial Conference held on 11/14/2023. The Court adopts the deadlines contained in Section III. A - E of the proposed Case Management Plan. (Dkt. No. #46 ). Plaintiffs shall serve their initial written discovery on or before December 15, 2023. Defendants shall serve their initial written discovery on or before January 15, 2024. Status Conference set for 1/26/2024 at 11:00 AM (Eastern Time) Telephonic before Magistrate Judge Crystal S. Wildeman.***SEE ORDER*** Signed by Magistrate Judge Crystal S. Wildeman. (TMB)
November 9, 2023 Opinion or Order Filing 48 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by Plaintiffs KEITH CHIARO, JANE DOE, re #12 MOTION to Remand. (Attachments: #1 Exhibit 1 - Columbus Order of Remand, #2 Exhibit 2 - Goshen Order of Remand) (Toops, Lynn) Modified on 11/13/2023 to create link to related motion (LBT).
November 6, 2023 Opinion or Order Filing 46 AMENDED CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs KEITH CHIARO, JANE DOE . (Toops, Lynn)
October 25, 2023 Opinion or Order Filing 45 ORDER granting in part #44 Second MOTION for Extension of Time to File Response - Plaintiff shall have up to and including January 2, 2024 to respond to Defendant The Methodist Hospitals, Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint (Dkts. #38 , #39 ). (See Order.) Signed by Magistrate Judge Crystal S. Wildeman on 10/25/2023. (JSR)
October 20, 2023 Opinion or Order Filing 44 Second MOTION for Extension of Time to File Response re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint , filed by Plaintiffs KEITH CHIARO, JANE DOE. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff's Second Motion for Extension of Time to Respond to Defendant The Methodist Hospitals, Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint)(Kopp, Emily)
September 19, 2023 Opinion or Order Filing 43 MINUTE ORDER for proceedings held before Magistrate Judge Crystal S. Wildeman: Status Conference held on 9/19/2023. Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss (Dkt. No. #42 ) is GRANTED. Plaintiffs' response is due by October 27, 2023. Initial Pretrial Conference set for 11/14/2023 at 11:00 AM (Eastern Time) Telephonic before Magistrate Judge Crystal S. Wildeman. Signed by Magistrate Judge Crystal S. Wildeman. (TMB)
September 18, 2023 Opinion or Order Filing 42 Unopposed MOTION for Extension of Time to File Response to 10/27/2023 re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint , filed by Plaintiffs KEITH CHIARO, JANE DOE. (Attachments: #1 Text of Proposed Order ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT THE METHODIST HOSPITALS, INC.S MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT)(Kopp, Emily)
September 13, 2023 Opinion or Order Filing 39 BRIEF/MEMORANDUM in Support re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint , filed by Defendant THE METHODIST HOSPITALS, INC.. (Karlsgodt, Paul)
September 13, 2023 Opinion or Order Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Second Amended Complaint, filed by Defendant THE METHODIST HOSPITALS, INC.. (Karlsgodt, Paul)
September 8, 2023 Opinion or Order Filing 37 NOTICE of Appearance by Emily Davin Kopp on behalf of Plaintiffs KEITH CHIARO, JANE DOE. (Kopp, Emily)
September 5, 2023 Opinion or Order Filing 36 NOTICE of Appearance by Vess Allen Miller on behalf of Plaintiffs KEITH CHIARO, JANE DOE. (Miller, Vess)
September 5, 2023 Opinion or Order Filing 35 Notice of Reassignment of Case to Magistrate Judge Crystal S. Wildeman. Magistrate Judge M. Kendra Klump is no longer assigned to this case. Please include the new case number (1:23-cv-01051-SEB-CSW), which includes the initials of the newly assigned judge, on all future filings in this matter. (CJD)
September 1, 2023 Opinion or Order Filing 34 ORDER SETTING INITIAL PRETRIAL CONFERENCE - This case is assigned for an initial pretrial conference by telephone on September 19, 2023, at 2:00 p.m. (Eastern Time), before United States Magistrate Judge M. Kendra Klump. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge M. Kendra Klump on 9/1/2023.(JRB)
August 31, 2023 Opinion or Order Filing 33 PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs KEITH CHIARO, JANE DOE . (Toops, Lynn)
August 30, 2023 Opinion or Order Filing 32 AMENDED COMPLAINT Second Amended Complaint and Jury Demand against THE METHODIST HOSPITALS, INC., filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - FTC Letter, #2 Exhibit Exhibit B - Privacy Policy, #3 Exhibit Exhibit C - Patient Rights & Responsibilities)(Dugan, Mary Kate)
August 30, 2023 Opinion or Order Filing 31 ORDER - Plaintiff's Unopposed Motion for Leave to File a Second Amended Complaint, Dkt. #28 , is GRANTED. Plaintiff shall file the Second Amended Complaint within three (3) days of this Order. Defendant's Unopposed Motion for Extension of Time, Dkt. #29 , is GRANTED. Defendant shall file its Answer to the Second Amended Complaint fourteen (14) days after Plaintiff files the Second Amended Complaint. (See Order.) Signed by Magistrate Judge M. Kendra Klump on 8/30/2023. (JSR)
August 29, 2023 Opinion or Order Filing 30 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by Plaintiff KEITH CHIARO, re #13 Brief/Memorandum in Support. (Attachments: #1 Exhibit Supplemental Authority - Memorandum and Order) (Toops, Lynn)
August 25, 2023 Opinion or Order Filing 29 Unopposed MOTION for Extension of Time to 14 days after Ruling on Motion for Leave to Amend in which to #27 Amended Complaint, #28 MOTION for Leave to File Second Amended Complaint - Answer, filed by Defendant THE METHODIST HOSPITALS, INC.. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Zimmerly, Philip)
August 24, 2023 Opinion or Order Filing 28 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff KEITH CHIARO. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Text of Proposed Order Order Granting Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint)(Toops, Lynn)
August 11, 2023 Opinion or Order Filing 27 AMENDED COMPLAINT and Jury Demand against All Plaintiffs, filed by All Plaintiffs. (Attachments: #1 Exhibit A - FTC Letter, #2 Exhibit B- Privacy Policy, #3 Exhibit C- Patient Rights and Responsibilities)(Toops, Lynn)
August 10, 2023 Opinion or Order Filing 26 ORDER denying Parties' #14 Second Joint Motion to Stay Proceedings Pending Ruling on Motion to Remand to State Court. This matter is set for a telephonic Initial Pretrial Conference on September 11, 2023, at 10:00 a.m. Prior to the Initial Pretrial Conference, the parties shall confer as required by Federal Rule of Civil Procedure 26(f) and submit a joint proposed case management plan no later than September 4, 2023. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge M. Kendra Klump on 8/10/2023.(SWM)
August 9, 2023 Opinion or Order Filing 25 ORDER - This matter comes before the Court on Plaintiff's Motion to Withdraw ECF No. 15, Dkt. #16 . The Court, having reviewed the Motion and being duly advised, GRANTS the Motion. The Clerk is ordered to STRIKE Dkt. #15 from the docket. Signed by Magistrate Judge M. Kendra Klump on 8/9/2023. (KAA)
August 8, 2023 Opinion or Order Filing 24 REPLY in Support of Motion re #12 MOTION to Remand , filed by Plaintiff KEITH CHIARO. (Toops, Lynn)
August 4, 2023 Opinion or Order Filing 23 NOTICE of Appearance by Michelle R. Gomez on behalf of Defendant THE METHODIST HOSPITALS, INC.. (Gomez, Michelle)
August 1, 2023 Opinion or Order Filing 22 ORDER granting Defendant's #19 Unopposed Motion for Extension of Time to File Response to August 4, 2023 re #12 Motion to Remand. Signed by Magistrate Judge M. Kendra Klump on 8/1/2023. (SWM)
August 1, 2023 Opinion or Order Filing 21 BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #12 MOTION to Remand , filed by Defendant THE METHODIST HOSPITALS, INC.. (Attachments: #1 Affidavit Declaration of Tim Diamond, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Karlsgodt, Paul)
August 1, 2023 Opinion or Order Filing 20 RESPONSE in Opposition re #12 MOTION to Remand , filed by Defendant THE METHODIST HOSPITALS, INC.. (Karlsgodt, Paul)
July 31, 2023 Opinion or Order Filing 19 Unopposed MOTION for Extension of Time to File Response to August 4, 2023 re #12 MOTION to Remand , filed by Defendant THE METHODIST HOSPITALS, INC.. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Moorhead, Tyler)
July 21, 2023 Opinion or Order Filing 18 BRIEF/MEMORANDUM in Support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant THE METHODIST HOSPITALS, INC.. (Karlsgodt, Paul)
July 21, 2023 Opinion or Order Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant THE METHODIST HOSPITALS, INC.. (Karlsgodt, Paul)
July 21, 2023 Opinion or Order Filing 16 MOTION to Withdraw #15 MOTION to Remand for Lack of Subject Matter Jurisdiction , filed by Plaintiff KEITH CHIARO. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff's Motion to Withdraw ECF No. 15)(Dugan, Mary Kate)
July 21, 2023 Opinion or Order Filing 15 MOTION to Remand for Lack of Subject Matter Jurisdiction, filed by Plaintiff KEITH CHIARO. (Attachments: #1 Text of Proposed Order Order Granting Motion to Remand)(Toops, Lynn)
July 18, 2023 Opinion or Order Filing 14 Joint MOTION to Stay Proceedings Pending Ruling on Motion to Remand to State Court and Memorandum of Law in Support, filed by Defendant THE METHODIST HOSPITALS, INC.. (Attachments: #1 Proposed Order)(Moorhead, Tyler)
July 17, 2023 Opinion or Order Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION to Remand , filed by Plaintiff KEITH CHIARO. (Toops, Lynn)
July 17, 2023 Opinion or Order Filing 12 MOTION to Remand , filed by Plaintiff KEITH CHIARO. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION TO REMAND)(Toops, Lynn)
June 30, 2023 Opinion or Order Filing 11 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant THE METHODIST HOSPITALS, INC.. (Karlsgodt, Paul)
June 30, 2023 Opinion or Order Filing 10 ORDER - This matter comes before the Court on the parties' Joint Motion to Stay Proceedings Pending Ruling on Motion to Remand to State Court, Dkt. [ #8 ]. The Court, having reviewed the Motion and being duly advised, DENIES the Motion without prejudice. Signed by Magistrate Judge Kellie M. Barr on 6/30/2023. (SWM)
June 22, 2023 Opinion or Order Filing 9 NOTICE of Appearance by Paul G Karlsgodt on behalf of Defendant THE METHODIST HOSPITALS, INC.. (Karlsgodt, Paul)
June 22, 2023 Opinion or Order Filing 8 Joint MOTION to Stay Proceedings Pending Ruling on Motion to Remand to State Court and Memorandum of Law in Support, filed by Plaintiff KEITH CHIARO. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion to Stay Proceedings Pending Ruling on Motion to Remand to State Court and Memorandum of Law in Support)(Toops, Lynn)
June 21, 2023 Opinion or Order Filing 7 Rule 7.1 Disclosure Statement by KEITH CHIARO. (Toops, Lynn)
June 20, 2023 Opinion or Order Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LBT)
June 20, 2023 Opinion or Order Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT)
June 16, 2023 Opinion or Order Filing 4 NOTICE of Appearance by Philip R. Zimmerly on behalf of Defendant THE METHODIST HOSPITALS, INC.. (Zimmerly, Philip)
June 16, 2023 Opinion or Order Filing 3 Rule 7.1 Disclosure Statement by THE METHODIST HOSPITALS, INC.. (Moorhead, Tyler)
June 16, 2023 Opinion or Order Filing 2 NOTICE of Appearance by Tyler John Moorhead on behalf of Defendant THE METHODIST HOSPITALS, INC.. (Moorhead, Tyler)
June 16, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D01-2305-PL-017931, filed by THE METHODIST HOSPITALS, INC.. (Filing fee $402, receipt number AINSDC-7680252) (Attachments: #1 Exhibit State Court Record (Complaint, Summons, Commercial Court Notice, Appearances, Motion for Enlargement of Time, Order Granting Enlargement of Time), #2 Exhibit B - Operative Complaint, #3 Civil Cover Sheet)(Moorhead, Tyler)

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Plaintiff: KEITH CHIARO
Represented By: Amina Thomas
Represented By: Lynn A. Toops
Represented By: Mary Kate Dugan
Represented By: Vess Allen Miller
Represented By: Emily Davin Kopp
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Plaintiff: JANE DOE
Represented By: Mary Kate Dugan
Represented By: Vess Allen Miller
Represented By: Emily Davin Kopp
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Defendant: THE METHODIST HOSPITALS, INC.
Represented By: Philip R. Zimmerly
Represented By: Tyler John Moorhead
Represented By: Paul G Karlsgodt
Represented By: Michelle R. Gomez
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