GARCIA v. MAXIMUS HEALTH SERVICES, INC.
Plaintiff: JAMIE SOLIS GARCIA
Defendant: MAXIMUS HEALTH SERVICES, INC.
Case Number: 1:2023cv02129
Filed: November 27, 2023
Court: US District Court for the Southern District of Indiana
Presiding Judge: Kellie M Barr
Referring Judge: James Patrick Hanlon
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1442 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2024 Opinion or Order Filing 34 ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR EXTENSION - This matter is before the Court on Plaintiff's Motion for Extension of Time to Respond to Defendant's Motion to Join. [Dkt. #29 .] The Court, having reviewed that Motion and otherwise being duly advised in all matters, hereby GRANTS IN PART that Motion such that it extends the deadline for Plaintiff to respond to the Motion to Join but not until the amorphous deadline requested by the Plaintiff. Plaintiff's deadline to respond to the Defendant's Motion to Join is hereby extended until January 30, 2024. Signed by Magistrate Judge Kellie M. Barr on 1/14/2024. (JSR)
January 4, 2024 Filing 33 REPLY in Support of Motion re #28 MOTION to Stay (Defendant's Motion to Stay Proceedings) , filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (McCready, Ann)
January 2, 2024 Filing 32 RESPONSE in Opposition re #29 MOTION for Extension of Time to File Response re #22 MOTION to Join a Necessary Party , filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (McCready, Ann)
January 2, 2024 Filing 31 Unopposed MOTION to Stay Responsive Pleading Deadline, filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(McCready, Ann)
December 28, 2023 Filing 30 RESPONSE in Opposition re #28 MOTION to Stay (Defendant's Motion to Stay Proceedings) , filed by Plaintiff JAMIE SOLIS GARCIA. (Attachments: #1 Text of Proposed Order)(Cox, Jacob)
December 27, 2023 Filing 29 MOTION for Extension of Time to File Response re #22 MOTION to Join a Necessary Party , filed by Plaintiff JAMIE SOLIS GARCIA. (Attachments: #1 Text of Proposed Order)(Cox, Jacob)
December 22, 2023 Filing 28 MOTION to Stay (Defendant's Motion to Stay Proceedings), filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Exhibit A - Transfer Order, #2 Exhibit B - Notice of Potential Tag-Along, #3 Exhibit C - Conditional Transfer Order, #4 Exhibit D - Notice of Opposition, #5 Exhibit E - Notice of Filed Opposition, #6 Text of Proposed Order)(McCready, Ann)
December 15, 2023 Filing 26 REPLY in Support of Motion re #13 MOTION to Remand , filed by Plaintiff JAMIE SOLIS GARCIA. (Cox, Jacob)
December 15, 2023 Opinion or Order Filing 25 ORDER granting #23 Motion to Appear pro hac vice. Attorney COURTNEY E. HELT for MAXIMUS HEALTH SERVICES, INC. added. The Court FURTHER ORDERS that Courtney E. Helt register as a user of the Court's electronic case filing system by December 21, 2023. Failure to do so could result in the revocation of her admission pro hac vice. See Order. Signed by Magistrate Judge Kellie M. Barr on 12/15/2023. Copy mailed per Distribution list. (LF)
December 13, 2023 Filing 24 RESPONSE in Opposition re #13 MOTION to Remand , filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Exhibit A - Patel Declaration)(McCready, Ann)
December 13, 2023 Filing 23 MOTION for Attorney(s) Courtney E. Helt to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7942872), filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Exhibit A - Helt Declaration)(McCready, Ann)
December 13, 2023 Filing 22 MOTION to Join a Necessary Party, filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Exhibit A - Kaufman Decision, #2 Text of Proposed Order)(McCready, Ann)
December 11, 2023 Opinion or Order Filing 21 ORDER granting #19 MOTION for Extension of Time to File Response to #13 MOTION to Remand to 12/13/2023. SEE ORDER. Signed by Magistrate Judge Kellie M. Barr on 12/11/2023. (JRB)
December 11, 2023 Filing 20 RESPONSE in Opposition re #19 MOTION for Extension of Time to File Response to December 13, 2023 re #13 MOTION to Remand , filed by Plaintiff JAMIE SOLIS GARCIA. (Attachments: #1 Text of Proposed Order)(Cox, Jacob)
December 8, 2023 Filing 19 MOTION for Extension of Time to File Response to December 13, 2023 re #13 MOTION to Remand , filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(McCready, Ann)
December 8, 2023 Opinion or Order Filing 18 ENTRY - Defendant's informal request #17 will not be considered or its response addressed further. Should Defendant require more time to respond to Plaintiff's Motion to Remand, it should file a motion for extension of time. Any requested extension should be brief, however, given that Plaintiff challenges Defendant's removal of this case to federal court and surely Defendant is already well aware of the basis on which it asserts federal jurisdiction is proper since it sought removal. As stated in the Order expediting the briefing schedule, the underlying Motion to Remand will be ruled upon in due course. To be clear, expediting the briefing schedule should not be construed as any indication that a ruling on Plaintiff's Motion to Remand will also be expedited. SEE ORDER. Copy sent to distribution list via US Mail. Signed by Magistrate Judge Kellie M. Barr on 12/8/2023.(JRB)
December 6, 2023 Filing 27 NOTICE of Potential Tag-Along Action MDL 3083, filed by Defendant MAXIMUS HEALTH SERVICES, INC. See Attached Copies of Docket Sheet and Complaint (Attachments: #1 Envelope) (CKM)
December 6, 2023 Filing 17 RESPONSE in Opposition to Plaintiff's Emergency Motion for Expedited Briefing Schedule (Dkt. 14), filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Exhibit 1 MDL Notice)(McCready, Ann)
December 6, 2023 Opinion or Order Filing 16 ORDER GRANTING IN PART #14 PLAINTIFF'S MOTION FOR EXPEDITED BRIEFING SCHEDULE - Defendant shall file its Response in Opposition to Plaintiff's Motion to Remand by December 11, 2023, and Plaintiff shall file its Reply, if any, by December 14, 2023. The motion will then be ruled upon in due course. (See Order.) Signed by Magistrate Judge Kellie M. Barr on 12/6/2023. (JSR)
December 6, 2023 Opinion or Order Filing 15 ORDER granting Defendant's #12 Motion for Extension of Time to File answer or otherwise respond to Plaintiff's Complaint to 1/2/2024. Signed by Magistrate Judge Kellie M. Barr on 12/6/2023. (SWM)
December 5, 2023 Filing 14 Emergency MOTION for Expedited Briefing Schedule on Plaintiff's Motion to Remand, filed by Plaintiff JAMIE SOLIS GARCIA. (Attachments: #1 Text of Proposed Order)(Cox, Jacob)
December 5, 2023 Filing 13 MOTION to Remand , filed by Plaintiff JAMIE SOLIS GARCIA. (Cox, Jacob)
December 4, 2023 Filing 12 MOTION for Extension of Time to 1/2/2024 to Answer Plaintiff's Complaint, filed by Defendant MAXIMUS HEALTH SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(McCready, Ann)
November 28, 2023 Opinion or Order Filing 11 ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE - granting #4 and #5 Motions to Appear pro hac vice. Attorney Lance Y. Murashige, Allison M. Holt Ryan for MAXIMUS HEALTH SERVICES, INC. added. The Court FURTHER ORDERS that Allison M. Holt Ryan and Lance Y. Murashige register as users of the Court's electronic case filing system by December 12, 2023. Failure to do so could result in the revocation of their admission pro hac vice. Copies to Ms. Ryan and Mr. Murashige via US Mail. Signed by Magistrate Judge Kellie M. Barr on 11/28/2023. (KAA)
November 28, 2023 Filing 10 NOTICE of Filing Notice of Removal in State Court by MAXIMUS HEALTH SERVICES, INC. (McCready, Ann)
November 28, 2023 Filing 9 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA)
November 28, 2023 Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA)
November 28, 2023 Filing 7 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (KAA)
November 27, 2023 Filing 6 Rule 7.1 Disclosure Statement by Maximus Health Services, Inc. identifying Corporate Parent Maximus, Inc., Other Affiliate BLACKROCK FUND ADVISORS, Other Affiliate Fidelity Management & Research Corp., LLC for Maximus Health Services, Inc... (McCready, Ann)
November 27, 2023 Filing 5 MOTION for Attorney(s) Lance Y. Murashige to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7917164), filed by Defendant Maximus Health Services, Inc.. (Attachments: #1 Exhibit A (Declaration of Lance y. Murashige))(McCready, Ann)
November 27, 2023 Filing 4 MOTION for Attorney(s) Allison M. Holt Ryan to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7917163), filed by Defendant Maximus Health Services, Inc.. (Attachments: #1 Exhibit A (Declaration of Allison M. Holt Ryan))(McCready, Ann)
November 27, 2023 Filing 3 NOTICE of Appearance by Christine Walsh on behalf of Defendant Maximus Health Services, Inc.. (Walsh, Christine)
November 27, 2023 Filing 2 NOTICE of Appearance by Ann O. McCready on behalf of Defendant Maximus Health Services, Inc.. (McCready, Ann)
November 27, 2023 Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D12-2310-CT-042115, filed by Maximus Health Services, Inc.. (Filing fee $402, receipt number CINSDC-7917150) (Attachments: #1 State Court Record (Complaint, Appearance, Summons, Appearance, Appearance, Notice of Automatic Enlargement of Time), #2 Exhibit B (State Court Complaint), #3 Exhibit C (Patrick Pinnell Declaration), #4 Civil Cover Sheet)(McCready, Ann)

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Plaintiff: JAMIE SOLIS GARCIA
Represented By: Jacob R. Cox
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Defendant: MAXIMUS HEALTH SERVICES, INC.
Represented By: Allison M. Holt Ryan
Represented By: Ann O. McCready
Represented By: Christine Walsh
Represented By: Lance Y. Murashige
Represented By: Allison M. Holt-Ryan
Represented By: Courtney Elizabeth Helt
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