Risch v. Kenton County et al
Plaintiff: Cynthia A. Risch
Defendant: Dr. Isaac P. Thomas, Kenton County, Kentucky Jailer Terry Carl, Deputy Joy White, Deputy Barbara Edwards, Deputy MaryAnn Graham, Dr. Ronald Waldridge, Deputy Elizabeth Bueke, Isaac, Healthpoint Family Care, Inc., Dr. Mark Boyd, Deborah J. Hoffman, White, Deputy Noll, M.D. Robert Weber, Gram, Waldridge, Saint Elizabeth Medical Center, Inc., Fayma Callahan, R.N. Todd Collins, Southern Health Partners, Inc., John Doe(s), Elizabeth, Dr. Suzanne Kress, Deputy Kim Thoman, Deputy Pollard, Deputy Margie Moll, Dr. Frank Giese, Kenton County, Dr. Scott Jones, USA, Shawnee Callihan, Dr. Linda Hermiller, Dr. Mary Ann Barnes, Deputy Edwards, Dr. Bethany Lucas, Dr. Angel Velazquez and Deven Rodriguez
Not Yet Classified: Edwards
Case Number: 2:2009cv00050
Filed: April 18, 2009
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
County: Kenton
Presiding Judge: William O Bertelsman
Referring Judge: J Gregory Wehrman
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 22, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2012 Filing 324 JUDGMENT: 1) Summary judgment ENTERED IN FAVOR OF DEFENDANTS, THE UNITED STATES OF AMERICA, HEALTHPOINT FAMILY CARE, INC., AND DR. ROBERT WEBER. The complaint and amended complaints are DISMISSED WITH PREJUDICE. The case is hereby stricken from the docket of this Court. Defts shall recover their costs. Signed by Judge William O. Bertelsman on 8/22/2012.(ECO)cc: COR
August 22, 2012 Opinion or Order Filing 323 MEMORANDUM, OPINION AND ORDER: 1) The motion of Defts for summary judgment #318 is GRANTED. A separate judgment shall be entered concurrently herewith. (Court Reporter LISA WIESMAN.) Signed by Judge William O. Bertelsman on 8/22/2012. (ECO)cc: COR
August 2, 2012 Opinion or Order Filing 322 ORDER re #318 MOTION for Summary Judgment, IT IS ORDERED that oral argument is set for Monday, 8/20/12 at 1:00 p.m. Signed by Judge William O. Bertelsman on 08/02/2012.(TJZ)cc: COR
June 25, 2012 Filing 321 REPLY to Response to Motion re #318 MOTION for Summary Judgment by United States of America filed by United States of America. (Attachments: #1 Proposed Order, #2 Exhibit 1: Dr. Waldridge Deposition-Part 1, #3 Exhibit 1: Dr. Waldridge Deposition-Part 2)(Gwinn, Anna)
June 25, 2012 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #318 MOTION for Summary Judgment by United States of America (ECO)
June 13, 2012 Filing 320 RESPONSE to Motion re #318 MOTION for Summary Judgment by United States of America filed by Cynthia A. Risch. (O'Hara, Michael)
May 29, 2012 Filing 319 NOTICE OF FILING RESTRICTED EXHIBITS by United States of America in support of re #318 MOTION for Summary Judgment by United States of America (Attachments: #1 Exhibit 31-Part 1-Deposition of Cynthia Risch, #2 Exhibit 31-Part 2-Deposition of Cynthia Risch, #3 Exhibit 31-Part 3-Deposition of Cynthia Risch, #4 Exhibit 31-Part 4-Deposition of Cynthia Risch, #5 Exhibit 31-Part 5-Deposition of Cynthia Risch, #6 Exhibit 31-Part 6-Deposition of Cynthia Risch, #7 Exhibit 31-Part 7-Deposition of Cynthia Risch, #8 Exhibit 31-Part 8-Deposition of Cynthia Risch, #9 Exhibit 31-Part 9-Deposition of Cynthia Risch)(Gwinn, Anna)
May 29, 2012 Filing 318 MOTION for Summary Judgment by United States of America (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Appendix Restricted Exhibit Index, #4 Exhibit 1-KCDC Detailed Release Report, #5 Exhibit 2-Univ. Hosp. ER Admission Note, #6 Exhibit 3-Letter from SHP to Kimmich, #7 Exhibit 4-Letter from Goddard to Carl, #8 Exhibit 5-KCDC Phy. Orders 2-29-08, #9 Exhibit 6-KCDC Phy. Orders 2-29-08, #10 Exhibit 7-Kilbourne Med. Lab Test 3-14-08, #11 Exhibit 8-Inmate Med. Rec. 3-28-08, #12 Exhibit 9-Inmate Med. Rec. 4-2-08, #13 Exhibit 10-Kilbourne Med. Lab. Test 4-4-08, #14 Exhibit 11-Inmate Med. Record 4-5-08, #15 Exhibit 12-SEMC Disch. Summary 4-9-08, #16 Exhibit 13-SEMC Phy. Orders 4-9-08, #17 Exhibit 14-SEMC Phy. Orders 4-5-08, #18 Exhibit 15-SEMC Disch. Instructions 4-9-08, #19 Exhibit 16-Inmate Med. Reg. Form 4-12-08, #20 Exhibit 17-Inmate Med. Reg. Form 4-13-08, #21 Exhibit 18-Inmate Med. Reg. Form 4-14-08, #22 Exhibit 19-Kilbourne Med. Lab Test Results 4-15-08, #23 Exhibit 20-Inmate Med. Rec. 4-18-08, #24 Exhibit 21-Inmate Med. Rec. 4-18-08, #25 Exhibit 22-Inmate Med. Rec. 4-18-08, #26 Exhibit 23-SHP Inpatient Hosp. Fax 4-21/08, #27 Exhibit 24-Weber Depo., #28 Exhibit 25-Weber Declaration, #29 Exhibit 26a-Dr. Arthur Hughes Report, #30 Exhibit 26b-Dr. Arthur Hughes Report, #31 Exhibit 26c-Dr. Arthur Hughes Report, #32 Exhibit 27-Dr. Stephen Payne Report, #33 Exhibit 28-Dr. Winters Report, #34 Exhibit 29-Dr. Paris Report, #35 Exhibit 30-Dr. Hermiller Declaration, #36 Exhibit 31-Restricted Place Holder, #37 Exhibit 32-Colvin Declaration, #38 Exhibit 33-Admin. Claim, #39 Exhibit 34-App for Disability, #40 Exhibit 35-Hearing Log)(Gwinn, Anna)
April 12, 2012 Filing 317 JOINT STATUS REPORT by United States of America. (Gwinn, Anna)
April 12, 2012 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge J. Gregory Wehrman for review: #317 Status Report (LST)
March 8, 2012 Opinion or Order Filing 316 ORDER: 1) Motion for extension of time #312 is granted; 2) Discovery shall be completed by 4/12/2012, with joint or separate status reports due same date; 3) Dispositive motions due 5/29/2012; 4) The Court is not inclined to grant any further extensions of time. Signed by Magistrate Judge J. Gregory Wehrman on 3/7/2012.(ECO)cc: COR
February 28, 2012 Filing 315 RESPONSE to #314 Plaintiff's Status Report filed by United States of America. (Gwinn, Anna)
February 28, 2012 ***FILE SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: #314 Status Report, #313 Status Report (ECO)
February 27, 2012 Filing 314 STATUS REPORT by Cynthia A. Risch. (O'Hara, Michael)
February 27, 2012 Filing 313 STATUS REPORT by United States of America. (Gwinn, Anna)
February 27, 2012 Filing 312 MOTION for Extension of Time to Complete Discovery by United States of America Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Gwinn, Anna)
February 16, 2012 Filing 311 AMENDED NOTICE to Take Deposition of Ronald Waldridge II on Wednesday, February 22, 2012 at 10:00 a.m. by Cynthia A. Risch.(O'Hara, Michael)
February 16, 2012 Filing 310 AMENDED NOTICE to Take Deposition of Ronald Waldridge II on February 22, 2012 at 10:00 a.m. by Cynthia A. Risch.(O'Hara, Michael)
February 1, 2012 Filing 309 NOTICE to Take Deposition of Ronald Waldridge II on February 17, 2012 10:00 a.m. by Cynthia A. Risch.(O'Hara, Michael)
January 6, 2012 Filing 308 NOTICE to Take Deposition of Christopher M. Goddard on January 18, 2012 at 2:00 p.m. by Cynthia A. Risch.(O'Hara, Michael)
January 6, 2012 Filing 307 NOTICE to Take Deposition of Dr. Robert Weber on Jaunary 18, 2012 at 10:00 a.m. by Cynthia A. Risch.(O'Hara, Michael)
January 6, 2012 Filing 306 NOTICE to Take Deposition of Denise Robinson on January 18, 2012 at 1:00 p.m. by Cynthia A. Risch.(O'Hara, Michael)
December 22, 2011 Filing 305 SUBPOENA issued to Cynthia A. Risch, c/o Michael O'Hara returned executed by USM on 12/21/2011 (LST)
December 12, 2011 Opinion or Order Filing 304 ORDER: 1) Motion for extension of time #302 is granting; 2) Discovery due by 2/27/2012, with joint or separate status reports filed same date; 3) Dispositive motions due 3/27/2012. Signed by Magistrate Judge J. Gregory Wehrman on 12/12/2011. (ECO)cc: COR
December 12, 2011 Set/Reset Deadlines: Dispositive Motions due by 3/27/2012. Status Report due by 2/27/2012. (ECO)
December 8, 2011 Filing 303 SUBPOENA issued to Cynthia A. Risch Returned Unexecuted by USM (LST)
November 30, 2011 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Anna Gwinn re #302 MOTION for Extension of Time to Complete Discovery by United States of America ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (LST)
November 29, 2011 Filing 302 MOTION for Extension of Time to Complete Discovery by United States of America Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Gwinn, Anna)
October 4, 2011 Filing 301 REQUEST for Admissions by Cynthia A. Risch.(O'Hara, Michael)
September 29, 2011 Filing 300 RESPONSE to Discovery Request by Cynthia A. Risch.(O'Hara, Michael)
September 29, 2011 Filing 299 ANSWER to Interrogatories from Cynthia Risch by Cynthia A. Risch.(O'Hara, Michael)
July 27, 2011 Filing 298 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/27/2011 before Magistrate Judge J. Gregory Wehrman; Conference call held w/counsel for pla/defs, as well as Robert dncan, counsel for former def, Southern Health partners, Inc. Counsel for other former defs were given notice of the conference but declined to participatel; Counsel for pla and counsel for U.S. agreed discovery can proceed w/out necessity of a protective order at this time; Discovery deadline of 12/28/11 and Dispositive motion deadline of 1/27/12 shall stand (LST)cc: COR
July 14, 2011 Opinion or Order Filing 297 ORDER; 1)TELEPHONE CONFERENCE set for 7/27/2011 at 11:00 AM to discuss the contents of the July 8, 2011; 2)By 7/26/2011, counsel to notify the Court by email if they wish to participate in the call. Signed by Magistrate Judge J. Gregory Wehrman on 07/14/2011.(LST)cc: COR
June 28, 2011 Opinion or Order Filing 296 ORDER; 1)Discovery to be completed w/in 6 months of the date of this order; 2)Dispositive motions to be filed w/in 30 days after the close of discovery. Signed by Judge William O. Bertelsman on 06/28/2011.(LST)cc: COR
June 20, 2011 Filing 295 FIRST ANSWER to #287 Amended Complaint, by The United States Of America.(Gwinn, Anna)
May 31, 2011 Opinion or Order Filing 294 VIRTUAL ORDER: granting #293 Motion to Withdraw as Attorney by the U.S. Attorney Thomas Lee Gentry terminated. Signed by Magistrate Judge J. Gregory Wehrman on 5/31/2011. (KRS)cc: COR
May 27, 2011 ***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re #293 MOTION to Withdraw as Attorney by The United States Of America (KRS)
May 26, 2011 Filing 293 MOTION to Withdraw as Attorney by The United States Of America Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Gentry, Thomas)
May 26, 2011 Filing 292 NOTICE to All Parties Concerning Summonses by The United States Of America re #291 Summons Returned Executed, (Gwinn, Anna) Modified text to better describe on 5/26/2011 (KRS).
May 20, 2011 NOTICE OF DOCKET MODIFICATION TO Michael O'Hara re #290 Notice of Filing Executed Summons for Fourth Amended Complaint; Error: the Summons Returned Executed #291 were incorrectly filed using the event Notice of Filing. Entry by attorney; Clerk modified the docket text of #290 to state, incorrectly filed. Clerk filed the Summons Returned Executed as #291 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (ECO)
May 19, 2011 Filing 291 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail-Return Receipt to Healthpoint Family Care, Inc. served on 4/29/2011, answer due 5/20/2011; The United States Of America served on 5/10/2011, answer due 5/31/2011; Robert Weber served on 4/29/2011, answer due 5/20/2011. (Attachments: #1 Summons Healthpoint-Executed Summons, #2 Exhibit Healthpoint-Returned Postcard, #3 Summons USA-Holder-Executed Summons, #4 Exhibit USA-Holder-Returned Postcard, #5 Summons USA-Zerhusen-Executed Summons, #6 Exhibit USA-Zerhusen-Returned Postcard, #7 Summons Weber-Executed Summons, #8 Exhibit Weber-Returned Postcard)(ECO)
May 19, 2011 Filing 290 "INCORRECTLY FILED AS NOTICE OF FILING" by Cynthia A. Risch Executed Summons for the Fourth Amended Complaint (Attachments: #1 Summons Healthpoint - Executed Summons, #2 Exhibit Healthpoint - Returned Postcard, #3 Summons USA - Holder - Executed Summons, #4 Exhibit USA - Holder - Returned Postcard, #5 Summons USA - Zerhusen - Executed Summons, #6 Exhibit USA - Zerhusen - Returned Postcard, #7 Summons Weber - Executed Summons, #8 Exhibit Weber - Returned Postcard) "Please see docket entry #291 for the CORRECT ENTRY for this pleading."(O'Hara, Michael) Modified text to add incorrectly filed on 5/20/2011 (ECO).
April 25, 2011 Filing 289 Summons Issued on FOURTH AMENDED COMPLAINT as to Healthpoint Family Care, Inc., The United States Of America (2 summons issued-One as to Attorney General and one as to USA James Zerhusen), and Robert Weber; issued summons returned to counsel via U.S. Mail (KRS)
April 22, 2011 Filing 288 NOTICE OF FILING by Cynthia A. Risch re #287 Amended Complaint, Attaching Summons for Fourth Amended Complaint (Attachments: #1 Summons Robert Weber, M.D., #2 Summons Healthpoint Family Care, #3 Summons U.S. Attorney General, Eric H. Holder, Jr., #4 Summons U.S. Attorney James A. Zerhusen)(O'Hara, Michael)
April 22, 2011 Filing 287 AMENDED COMPLAINT - Fourth Amended Complaint against Healthpoint Family Care, Inc., The United States Of America, Robert Weber, filed by Cynthia A. Risch. (Attachments: #1 Exhibit SHP Contract, #2 Exhibit HealthPoint Contract, #3 Exhibit Right to Sue Letter, #4 Exhibit Kenton County Fiscal Court Minutes)(O'Hara, Michael)
April 15, 2011 Opinion or Order Filing 286 MEMORANDUM OPINION AND ORDER (MINUTE ENTRY FOR MOTION HEARING) held on 4/14/2011 before Judge William O. Bertelsman: 1) Motions to dismiss by Kenton County and So. Health Partners and their employees #239 #241 #251 #263 are GRANTED AS TO PLF'S FEDERAL CLAIMS. Court declines to exercise its supplemental jurisdiction over plf's state law claims pursuant to 28:1367(c)(3) and those claims are DISMISSED WITHOUT PREJUDICE; 2) Motion to dismiss by St. Elizabeth's and its employees #265 is GRANTED; 3) Motion to dismiss for lack of subject matter jurisdiction #264 is DENIED AS MOOT; and 4) Plf's motion to amend #284 is GRANTED. Plf. shall file an amended complaint adding the U.S. as a dft. w/in ten days of entry of this order. (Court Reporter JOAN AVERDICK.). Signed by Judge William O. Bertelsman on 4/15/2011. (KRS)cc: COR
April 15, 2011 Set/Reset Deadlines (KRS)
March 29, 2011 Opinion or Order Filing 285 ORDER re motions to dismiss by dfts. #239 #241 #251 #263 #264 and #265 : Oral Argument set 4/14/2011 10:00 AM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 3/29/2011.(KRS)cc: COR
March 29, 2011 Filing 284 MOTION for Leave to Amend Complaint Filed by Cynthia A. Risch. Motions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit Right to Sue Letter)(O'Hara, Michael) Modified to better describe on 3/30/2011 (KRS).
February 8, 2011 Opinion or Order Filing 283 ORDER; 1)All claims of Pla, Cynthia A. Risch, against def, Dr. Isaac P. Thomas are dismissed; 2)Pending #277 MOTION to Dismiss or for judgment on the pleadings of def, Isaac Thomas, M.D. is denied as moot. Signed by Judge William O. Bertelsman on 02/08/2011.(LST)cc: COR
February 8, 2011 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #282 Notice of Voluntary Dismissal (KRS)
February 7, 2011 Filing 282 NOTICE of Voluntary Dismissal by Cynthia A. Risch (O'Hara, Michael)
January 27, 2011 Opinion or Order Filing 281 ORDER; 1) #280 Motion to withdraw the sealed document is granted; 2) 276 Sealed Motion is denied as moot. Signed by Magistrate Judge J. Gregory Wehrman on 01/27/2011. (LST)cc: COR
January 27, 2011 Filing 280 MOTION to Withdraw by Cynthia A. Risch re 276 SEALED MOTION (Attachments: #1 Notice of Withdraw of Motion)(O'Hara, Michael)
January 27, 2011 ***MOTION SUBMITTED TO CHAMBERS of J.Gregory Wehrman for review: re 276 SEALED MOTION (KRS)
January 27, 2011 ***FILE SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: #280 Notice of Filing, #279 Response in Opposition to Motion (KRS)
January 25, 2011 Filing 279 Kenton County's Response to Plaintiff's 276 SEALED MOTION for Relief from Compliance with the Confidentiality Agreement filed by Kenton County. (Nordloh, Christopher) Modified text to better describe on 1/26/2011 (KRS).
January 21, 2011 Filing 278 NOTICE OF FILING by Isaac P. Thomas re #277 MOTION to Dismiss by Isaac P. Thomas or in the alternative, Motion for Judgment on the Pleadings, of Defendant, Isaac Thomas, M.D. MOTION for Judgment on the Pleadings Proposed Order (Attachments: #1 Proposed Order Order)(Lyon, Michael)
January 18, 2011 NOTICE OF DEFICIENCY AND NOTICE OF DOCKET MODIFICATION TO Michael Lyon re #277 MOTION to Dismiss by Isaac P. Thomas or in the alternative, Motion for Judgment on the Pleadings, of Defendant, Isaac Thomas, M.D. MOTION for Judgment on the Pleadings ; Error 1:Attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney. Within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing", attach the proposed order and create a link to the related docket entry. Error 2: The motion requests 2 forms of relief and only one form of relief was selected. Entry by attorney. Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (TED)
January 13, 2011 Filing 277 MOTION to Dismiss by Isaac P. Thomas or in the alternative, Motion for Judgment on the Pleadings, of Defendant, Isaac Thomas, M.D. (Lyon, Michael). Added MOTION for Judgment on the Pleadings on 1/18/2011 (TED). (Additional attachment(s) added on 1/21/2011: #1 Proposed Order) (KRS).
January 12, 2011 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #263 MOTION to Dismiss by Todd Collins, #264 MOTION to Dismiss for Lack of Jurisdiction by Mary Ann Barnes, Mark Boyd, Bethany Lucas, #265 MOTION to Dismiss by St. Elizabeth Medical Center, Inc., Mary Ann Barnes, Mark Boyd, Linda Hermiller, Scott Jones, Suzanne Kress, Bethany Lucas, Angel Velazquez (KRS)
January 6, 2011 Filing 276 SEALED MOTION (LMB)
December 13, 2010 Filing 274 RESPONSE to #265 Plaintiff's Response to Motion to Dismiss filed by Defendant Barnes, Boyd, Hermiller, Jones and Lucas filed by Cynthia A. Risch. (Attachments: #1 Exhibit Exhibit A - 11/7/08 - request for medical records, #2 Exhibit Exhibit B - 11/18/08 - certification of records, #3 Exhibit Exhibit C - 4/20/10 letter from DBL Law)(O'Hara, Michael)
December 13, 2010 Filing 273 RESPONSE to #263 Plaintiff's Resposne to Motion to Dismiss filed by Defendant Todd Collins filed by Cynthia A. Risch. (Attachments: #1 Exhibit Exhibit A - 11/7/08 request for records, #2 Exhibit Exhibit B - 11/18/08 certification of records, #3 Exhibit Exhibit C - 4/20/2010 letter from DBL Law)(O'Hara, Michael)
December 13, 2010 Filing 272 RESPONSE to #264 Plaintiff's Response to Motion to Dismiss for Lack of Jurisdiction filed by Defendants Barnes, Boyd and Lucas filed by Cynthia A. Risch. (O'Hara, Michael)
December 9, 2010 Filing 275 SEALED Summons Returned Unexecuted by Cynthia A. Risch as to Todd Collins. (LST)
December 1, 2010 Filing 271 REPLY to Response to Motion re #251 MOTION to Dismiss by Southern Health Partners, Inc. filed by Southern Health Partners, Inc.. (Duncan, Robert)
December 1, 2010 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #251 MOTION to Dismiss by Southern Health Partners, Inc. (KRS)
December 1, 2010 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #241 MOTION to Dismiss by Elizabeth Bueke, Barbara Edwards, MaryAnn Graham, Margie Moll, Kim Thoman, Joy White with Memorandum in Support (KRS)
December 1, 2010 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Robert Duncan re #271 Reply to Response to Motion; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (KRS)
November 30, 2010 Filing 270 REPLY to Response to Motion re #241 MOTION to Dismiss by Elizabeth Bueke, Barbara Edwards, MaryAnn Graham, Margie Moll, Kim Thoman, Joy White with Memorandum in Support filed by Elizabeth Bueke, Barbara Edwards, MaryAnn Graham, Margie Moll, Kim Thoman, Joy White. (Stewart, Mary)
November 24, 2010 Filing 269 TRANSCRIPT of Proceedings: DISCOVERY CONFERENCE held on November 15, 2010 before Magistrate Judge J. Gregory Wehrman. Court Reporter: Edna Hawkins, Telephone number 513-244-2223. Transcript ordered by: Christopher Nordloh. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/20/2010. Redacted Transcript Deadline set for 12/30/2010. Release of Transcript Restriction set for 2/25/2011. (KRS)
November 24, 2010 Filing 268 REQUEST FOR FEE REFUND TO CREDIT CARD by Isaac P. Thomas. (Lyon, Michael)
November 24, 2010 Clerk's Note: re #267 Request for Fee Refund. Mr. Lyon's office notified that main document was incorrect. Spoke with secy. and explained proper document to file with Request for Fee Refund, filed at D.E. #268 (KRS)
November 24, 2010 NOTICE OF FEE REFUND APPROVED re #268 Request for Fee Refund ; the fee transaction involving Receipt No. 1889338 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $65.00 was successfully completed on 11/24/2010 at 2:30:52 PM cc: COR (KRS)
November 23, 2010 Filing 267 INCORRECT REQUEST FOR FEE REFUND TO CREDIT CARD by Isaac P. Thomas for Motion for Admission Pro Hac Vice. (Attachments: #1 Affidavit)(Lyon, Michael) Modified text to add "INCORRECT" on 11/24/2010 (KRS).
November 22, 2010 NOTICE OF DOCKET MODIFICATION TO Michael Westling re #265 MOTION to Dismiss by St. Elizabeth Medical Center, Inc. Mary Ann Barnes, Mark Boyd, Linda Hermiller, Scott Jones, Suzanne Kress, Bethany Lucas, Angel Velazquez Error: the correct filers were not selected; Clerk added defendant St. Elizabeth as a filer to the document. In the future, hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel. cc: COR (KRS)
November 22, 2010 Filing 266 RESPONSE in Opposition re #251 MOTION to Dismiss by Southern Health Partners, Inc. filed by Cynthia A. Risch. (O'Hara, Michael)
November 22, 2010 Filing 265 MOTION to Dismiss by St. Elizabeth Medical Center, Inc., Mary Ann Barnes, Mark Boyd, Linda Hermiller, Scott Jones, Suzanne Kress, Bethany Lucas, Angel Velazquez (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Westling, Michael) Modified to add filer on 11/24/2010 (KRS).
November 22, 2010 Filing 264 MOTION to Dismiss for Lack of Jurisdiction by Mary Ann Barnes, Mark Boyd, Bethany Lucas (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Westling, Michael)
November 22, 2010 Filing 263 MOTION to Dismiss by Todd Collins (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order)(Duncan, Robert)
November 22, 2010 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #239 JOINT MOTION to Dismiss by Kenton County, Kenton County, Kentucky Jailer Terry Carl with incorporated Memorandum of Law in Support of Motion (KRS)
November 19, 2010 Filing 262 JOINT REPLY to Response to Motion re #239 JOINT MOTION to Dismiss by Kenton County, Kenton County, Kentucky Jailer Terry Carl with incorporated Memorandum of Law in Support of Motion filed by Kenton County, Kenton County, Kentucky Jailer Terry Carl. (Nordloh, Christopher) Modified text to better decribe on 11/22/2010 (KRS).
November 18, 2010 Opinion or Order Filing 260 VIRTUAL ORDER: granting #257 Motion to Appear Pro Hac Vice for Michael F. Lyon to Appear Pro Hac Vice by Isaac P. Thomas ( Filing fee $65; receipt number 1889354). Signed by Magistrate Judge J. Gregory Wehrman on 11/18/2010. (KRS)cc: COR
November 16, 2010 Filing 261 INTERROGATORIES Propounded to Plaintiff by Isaac P. Thomas. This pleading was combined with the Answer and Jury Demand D.E. #258 and filed pursuant to QC re: D.E. #258 .(KRS)
November 16, 2010 NOTICE OF DOCKET MODIFICATION and NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Michael Lyon re #258 Answer to Amended Complaint; Error 1 : This is an Answer AND Interrogatories. The pleading was filed only as an Answer when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the pleading as Interrogatories Propounded #261 . In the future, when filing multiple pleadings within one filing, please refer to the ECF User Manual Filing Other Types of Documents for the correct procedure. No further steps required by counsel; Error 2: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY when you cannot electronically prepare your documents with word processing software and convert them to PDF format. No further action required by counsel. cc: COR (KRS)
November 16, 2010 Filing 259 SEALED DOCUMENT received on behalf of Michael O'Hara re #256 Notice of Filing. (MAINTAINED IN PAPER as a SEALED DOCUMENT IN THE CLERK'S OFFICE) (KRS)
November 16, 2010 Filing 258 ANSWER to 203 Amended Complaint,, Jury Demand and Interrogatories by Isaac P. Thomas.(Lyon, Michael)
November 16, 2010 Filing 257 MOTION for Michael F. Lyon to Appear Pro Hac Vice by Isaac P. Thomas ( Filing fee $65; receipt number 1889354)Motions referred to J. Gregory Wehrman. (Attachments: #1 Affidavit Michael F. Lyon)(Lyon, Michael)
November 16, 2010 Filing 256 NOTICE OF FILING by Cynthia A. Risch re #202 Order,, Notice of Filing Under Seal of Unexecuted Summons (O'Hara, Michael)
November 15, 2010 Opinion or Order Filing 255 MINUTE ENTRY ORDER FOR hearing on pending motions held on 11/15/2010 before Magistrate Judge J. Gregory Wehrman: 1) All pending discovery motions #206 , #213 , #217 , #242 , #243 , #244 , #245 are denied, w/out prejudice to parties to renew after resolution of statute of limitations issues and after compliance with procedure set forth in para. 3 of this order; 2) All formal disc. is stayed pending resolution of statute of limitations issues; 3) No motions to compel, motions for protective order, or other non-dispositive motions relating to disc. disputes may be filed unless authorized by procedure a and b listed; 4) Any add'l motions relating to statute of limitations should be filed as soon as practicable, but not later than Monday, 11/22/2010 in order to ensure prompt resolution by the Court; 5) Following resolution of dispositive motions concerning statute of limitations defenses, parties are expected to promptly reconvene formal disc. Parties shall file a joint status report suggesting new deadlines for completion of discovery within 7 days of the date the presiding district judge rules on the pending limitations issues. (Court Reporter EDNA HAWKINS.). Signed by Magistrate Judge J. Gregory Wehrman on 11/15/2010. (KRS)cc: COR
November 15, 2010 Filing 254 RESPONSE in Opposition re #241 MOTION to Dismiss by Elizabeth Bueke, Barbara Edwards, MaryAnn Graham, Margie Moll, Kim Thoman, Joy White with Memorandum in Support filed by Cynthia A. Risch. (O'Hara, Michael)
November 12, 2010 Filing 253 RESPONSE in Opposition re #239 JOINT MOTION to Dismiss by Kenton County, Kenton County, Kentucky Jailer Terry Carl with incorporated Memorandum of Law in Support of Motion filed by Cynthia A. Risch. (O'Hara, Michael)
November 1, 2010 Opinion or Order Filing 252 ORDER; 1)Discovery Conference set for 11/8/2010 is VACATED and rescheudled to 11/15/2010 at 01:30 PM in COVINGTON before Magistrate Judge J. Gregory Wehrman. Signed by Magistrate Judge J. Gregory Wehrman on 11/01/2010.(LST)cc: COR
November 1, 2010 Filing 251 MOTION to Dismiss by Southern Health Partners, Inc. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order)(Duncan, Robert)
November 1, 2010 Opinion or Order Filing 250 MEMORANDUM ORDER: 1) Plf's motion to file excess pages #237 is denied. Supplemental memo. in support of plf's motion to compel recently tendered 248 under seal will not be reviewed; 2) All parties shall appear, through counsel, for disc. conf. on 11/8/2010 at 2:00 p.m. at which time all remaining discovery motions will be heard; 3) No add'l discovery motions shall be filed prior to 11/8/2010. If parties have any add'l pt and non-dispositive matters they which to bring to court's attention, they may do so by electronically submitting to wehrman_chambers@kyed.uscourts.gov a ONE PAGE memo. briely stating issue to be addressed. Such memo. shall be served on opposing counsel but shall not be filed of record. Signed by Magistrate Judge J. Gregory Wehrman on 11/1/2010. (KRS)cc: COR
November 1, 2010 Set/Reset Hearings: Discovery Hearing set for 11/8/2010 02:00 PM in COVINGTON before Magistrate Judge J. Gregory Wehrman. (KRS)
October 29, 2010 Filing 249 SEALED Summons Returned Executed by Cynthia A. Risch, Personally Served Sealed Pursuant to #202 Order (KRS)
October 25, 2010 Filing 248 SEALED SUPPLEMENTAL MEMORANDUM in Support of Motions re #206 MOTION to Compel by Cynthia A. Risch, #242 MOTION to Strike Pleadings by Cynthia A. Risch, #243 MOTION to Strike Objections by Cynthia A. Risch, #244 MOTION to Limit Evidence by Cynthia A. Risch and #245 MOTION for Attorney Fees by Cynthia A. Risch filed by Cynthia A. Risch. Filed Under seal pursuant to #202 Order (LST)
October 25, 2010 Filing 247 SEALED SUMMONS Returned Executed by Cynthia A. Risch, Personally Served Sealed Pursuant to #202 Order (LST)
October 25, 2010 Filing 246 SEALED SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail Filed Under Seal pursuant to #202 Order (LST)
October 25, 2010 Filing 245 MOTION for Attorney Fees by Cynthia A. Risch Motion for Attorney's Fees Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order for Attorney's Fees)(O'Hara, Michael) Modified to clean-up text on 10/26/2010 (KRS).
October 25, 2010 Filing 244 MOTION Motion to Limit Evidence by Cynthia A. Risch Motion to Limit Evidence Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Motion to Limit Evidence)(O'Hara, Michael)
October 25, 2010 Filing 243 MOTION to Strike by Cynthia A. Risch Motion to Strike Objections Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Motion to Strike Objections)(O'Hara, Michael)
October 25, 2010 Filing 242 MOTION to Strike by Cynthia A. Risch Motion to Strike Pleadings Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Proposed Order to Strike Pleadings)(O'Hara, Michael)
October 25, 2010 Filing 241 MOTION to Dismiss by Elizabeth Bueke, Barbara Edwards, MaryAnn Graham, Margie Moll, Kim Thoman, Joy White with Memorandum in support (Attachments: #1 Proposed Order)(Stewart, Mary) Modified to add "Memorandum in Support" on 10/26/2010 (KRS).
October 25, 2010 Filing 240 ANSWER to 203 Amended Complaint,, by Saint Elizabeth Medical Center, Inc..(Westling, Michael)
October 25, 2010 NOTICE OF DOCKET MODIFICATION TO Robert Franklin Duncan re #238 Answer to Amended Complaint; Error: the correct filers were not selected; Clerk added defendant as a filer to the document. In the future, hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel. cc: COR (KRS)
October 22, 2010 Filing 239 JOINT MOTION to Dismiss by Kenton County, and Kenton County, Kentucky Jailer Terry Carl, with incorporated Memorandum of Law in Support of Motion (Attachments: #1 Exhibit E.D. Ky. Decision COLE v. GROWSE, #2 Exhibit E.D. Ky. Decision CUCO v. FMCL, #3 Proposed Order Granting Motin to Dismiss pursuant to Fed. Civ. R. 12(b)(6))(Nordloh, Christopher) Modified text to better describe on 10/25/2010 (KRS).
October 22, 2010 Filing 238 ANSWER to 203 Amended Complaint,, by Fayma Callahan, Shawnee Callihan, Todd Collins, Deborah J. Hoffman, Southern Health Partners, Inc., Ronald Waldridge and Deven Rodriquez.(Duncan, Robert) Modified text to add filer on 10/25/2010 (KRS).
October 21, 2010 ***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re #237 FIRST MOTION for Leave to File Excess Pages by Cynthia A. Risch (KRS)
October 20, 2010 NOTICE OF DOCKET MODIFICATION TO Michael O'Hara re #237 FIRST MOTION for Leave to File Excess Pages by Cynthia A. Risch; Error: a link was not created to the related document.Entry by attorney; Clerk modified the entry to create the link; In the future,create a link to the related document. No further action required bycounsel. cc: COR (KRS)
October 20, 2010 Filing 237 FIRST MOTION for Leave to File Excess Pages by Cynthia A. Risch re: #235 . Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order ORDER PERMITTING CINDY TO EXCEED PAGE LIMIT)(O'Hara, Michael) Modified on 10/21/2010 to create link and better describe document. (KRS)
October 20, 2010 Filing 236 SEALED Summons Issued; issued (1) summons (original and one copy) and returned to counsel via over the counter (LST)
October 18, 2010 Opinion or Order Filing 235 MEMORANDUM ORDER: Plf's motion to compel #206 and motion for contempt #213 , as well as Dft. SHP's motion to quash re #217 shall be denied as moot UNLESS any party files a supplemental memorandum on or before 10/25/2010 that specifically identifies any item remaining in dispute. Signed by Magistrate Judge J. Gregory Wehrman on 10/18/2010. (KRS)cc: COR
October 14, 2010 Filing 234 SEALED Summons Issued; issued (1) summons (original and one copy) and returned to counsel via over the counter (TED)
October 14, 2010 Filing 233 SEALED Summons Returned Unexecuted. Sealed pursuant to #202 Order. (TED)
October 13, 2010 Filing 232 SEALED Summons Issued; issued (2) summons (original and one copy of each) and returned to counsel via over the counter. Sealed pursuant to #202 Order. (TED)
October 13, 2010 Filing 231 RESPONSE to Motion re #206 MOTION to Compel by Cynthia A. Risch filed by Southern Health Partners, Inc.. (Duncan, Robert)
October 12, 2010 MOTIONS REFERRED: #213 MOTION to Quash by Southern Health Partners, Inc. Motions referred to J. Gregory Wehrman. (KRS)
October 12, 2010 ***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re #213 MOTION to Quash by Southern Health Partners, Inc. (KRS)
October 12, 2010 ***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re #206 MOTION to Compel by Cynthia A. Risch (KRS)
October 10, 2010 Filing 230 NOTICE OF FILING by Kenton County, Kenton County, Kentucky Jailer Terry Carl, Kenton County, Kentucky Jailer Terry Carl re #207 Response in Opposition to Motion, #206 MOTION to Compel by Cynthia A. Risch (Attachments: #1 Appendix Kenton County's Answers to Written Discovery, #2 Appendix Terry Carl's Answers to Written Discovery, #3 Appendix Kenton County's Responses | Objections to Requests to Admit, #4 Appendix Kenton County's | Terry Carl's Initial Disclosures, #5 Appendix Kenton County's and Terry Carl's Supplemental Disclosures)(Nordloh, Christopher)
October 8, 2010 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Robert Duncan re #221 Reply to Response to Motion, Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (KRS)
October 8, 2010 Filing 229 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Angel Velazquez waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Service)(O'Hara, Michael)
October 8, 2010 Filing 228 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Scott Jones waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Service)(O'Hara, Michael)
October 8, 2010 Filing 227 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Mark Boyd waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Service)(O'Hara, Michael)
October 8, 2010 Filing 226 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Bethany Lucas waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Service)(O'Hara, Michael)
October 8, 2010 Filing 225 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Mary Ann Barnes waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Service)(O'Hara, Michael)
October 8, 2010 Filing 224 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Suzanne Kress waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Service)(O'Hara, Michael)
October 8, 2010 Filing 223 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Linda Hermiller waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Summons)(O'Hara, Michael)
October 8, 2010 Filing 222 WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Saint Elizabeth Medical Center, Inc. waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Summons)(O'Hara, Michael)
October 8, 2010 Filing 221 REPLY to Response to Motion re #213 MOTION to Quash by Southern Health Partners, Inc. filed by Southern Health Partners, Inc.. (Duncan, Robert)
October 7, 2010 Filing 220 REPLY to Response to Motion re #206 MOTION to Compel by Cynthia A. Risch Reply to Defendant Kenton County's Response to Plaintiff's Motion ot Compel filed by Cynthia A. Risch. (O'Hara, Michael)
October 7, 2010 Opinion or Order Filing 219 STANDING REFERRAL ORDER: 1) Case referred to Magistrate Judge J. Gregory Wehrman to supervise discovery and pretrial proceedings. Unless otherwise ordered by the court, the case will revert back to the undersigned to hold the final pretrial conference and trial; 2) Magistrate Judge to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this Court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will also be before the undersigned, unless the parties agree to a trial by a Magistrate Judge. Signed by Judge William O. Bertelsman on 10/7/2010.(LMB)cc: COR Modified on 10/8/2010 to edit text to add standing referral order (LMB).
October 7, 2010 Filing 218 MAGISTRATE JUDGE J. Gregory Wehrman chosen by random selection to handle matters that may be referred in this case. (LMB)
October 7, 2010 MOTIONS REFERRED: #206 MOTION to Compel by Cynthia A. Risch Motions referred to J. Gregory Wehrman. (KRS)
October 6, 2010 NOTICE OF DOCKET MODIFICATION TO Michael O'Hara re #216 Response in Opposition to Motion: Error: This is a Response AND a Motion. The pleading was filed only as a Response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the pleading as a Motion #217 . In the future, when filing multiple pleadings within one filing, please refer to the ECF User Manual Filing Other Types of Documents for the correct procedure. No further steps required by counsel cc: COR (KRS) Modified to clean up text on 10/6/2010 (KRS).
October 6, 2010 Clerk's Note: Clerk contacted counsel this date re: #215 and #216 . Counsel's office advised that D.E. #216 was filed with corrected proposed order. (KRS)
October 5, 2010 Filing 217 MOTION for contempt by Cynthia A. Risch re: #213 Southern Health Partners, Inc. Motion to Quash. Filed pursuant to QC re: #216 . (Attachments: #1 Affidavit of Michael O'Hara, #2 Proposed Order)(KRS)
October 5, 2010 Filing 216 RESPONSE in Opposition re #213 MOTION to Quash by Southern Health Partners, Inc. CORRECTED RESPONSE, MOTION FOR CONTEMPT AND PROPOSED ORDER filed by Cynthia A. Risch. (Attachments: #1 Affidavit Affidavit of attorney,Michael A. O'Hara, #2 Proposed Order CORRECTED order regarding SHP's motion to quash subpoena and Plaintiff's Motion for contempt)(O'Hara, Michael)
October 5, 2010 Filing 215 INCORRECTLY FILED RESPONSE in Opposition re #213 MOTION to Quash by Southern Health Partners, Inc. MOTION FOR CONTEMPT filed by Cynthia A. Risch. (Attachments: #1 Affidavit AFFIDAVIT OF PLAINTIFF'S COUNSEL, #2 Proposed Order ORDER REGARDING MOTION TO QUASH SUBPOENA AND MOTION FOR CONTEMPT)(O'Hara, Michael) Modified text to remove relationship and add "INCORRECTLY FILED" on 10/6/2010, SEE D.E. #216 (KRS).
October 5, 2010 Filing 214 SEALED SUMMONS Returned Executed by Cynthia A. Risch. Sealed pursuant to #202 Order. (TED)
October 4, 2010 Filing 213 MOTION to Quash by Southern Health Partners, Inc. (Attachments: #1 Proposed Order)(Duncan, Robert)
October 1, 2010 Filing 212 SEALED Summons Issued; issued summons returned to counsel via over the counter. Sealed pursuant to #202 Order (ECO) Modified to add additional text on 10/1/2010 (ECO).
October 1, 2010 Filing 211 SEALED Summons Returned Unexecuted by Cynthia A. Risch. Sealed pursuant to #202 Order. (ECO)
October 1, 2010 Filing 210 NOTICE OF FILING WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Kenton County waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Service)(O'Hara, Michael) Modified text to better describe on 10/4/2010 (KRS).
October 1, 2010 Filing 209 NOTICE OF FILING WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Kenton County, Kentucky Jailer Terry Carl waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Summons)(O'Hara, Michael) Modified text to better desribe on 10/4/2010 (KRS).
October 1, 2010 Filing 208 NOTICE OF FILING WAIVER OF SERVICE Returned Executed by Cynthia A. Risch. Southern Health Partners, Inc. waiver sent on 9/1/2010, answer due 11/1/2010. (Attachments: #1 Summons Waiver of Summons)(O'Hara, Michael) Modified text to better describe on 10/4/2010 (KRS).
September 26, 2010 Filing 207 RESPONSE in Opposition re #206 MOTION to Compel by Cynthia A. Risch filed by Kenton County, Kenton County, Kentucky Jailer Terry Carl, Kenton County, Kentucky Jailer Terry Carl. (Attachments: #1 Exhibit Correspondence to Pltf Counsel)(Nordloh, Christopher)
September 24, 2010 Filing 206 MOTION to Compel Discovery by Cynthia A. Risch (Attachments: #1 Proposed Order Proposed Order for Motion to Compel)(O'Hara, Michael) Modified text to better describe on 9/27/2010 (KRS).
September 24, 2010 Filing 205 NOTICE OF FILING by Cynthia A. Risch Subpoena Duces Tecum to Southern Health Partners Human Resources Director (Attachments: #1 Exhibit-Subpoena to HR Director of So. Health Partners)(O'Hara, Michael) Modified to better decribe on 9/27/2010 (KRS).
September 21, 2010 Filing 204 SEALED Summons Issued as to Elizabeth Bueke, Barbara Edwards, MaryAnn Graham, Margie Moll, Kim Thoman, Joy White; issued summons returned to counsel via Across the counter Sealed pursuant to #202 Order (LST)
September 21, 2010 Filing 203 SEALED THIRD AMENDED COMPLAINT against Mary Ann Barnes, Mark Boyd, Elizabeth Bueke, Elizabeth Bueke, Fayma Callahan, Shawnee Callihan, Todd Collins, Barbara Edwards, Barbara Edwards, MaryAnn Graham, MaryAnn Graham, Linda Hermiller, Deborah J. Hoffman, Scott Jones, Kenton County, Kenton County, Kentucky Jailer Terry Carl, Kenton County, Kentucky Jailer Terry Carl, Suzanne Kress, Bethany Lucas, Margie Moll, Deven Rodriguez, Saint Elizabeth Medical Center, Inc., Southern Health Partners, Inc., Kim Thoman, Isaac P. Thomas, Angel Velazquez, Ronald Waldridge, Joy White, Joy White, filed by Cynthia A. Risch. Filed Under seal pursaunt to #202 Order(LST)
September 16, 2010 Opinion or Order Filing 202 AGREED ORDER TO HOLD IN CONFIDENCE: The court has thoroughly reviewed the parties' Confidentiality Agreement and finds it acceptable. Court adopts the Confidentiality Agreement of the parties; orders them to abide by its terms; and further cautions that the court may consider the willful violation of the Confidentiality Agreement contempt of this court punishable by fines and incarceration. Clerk shall file docs. as sealed when instructed by the parties. It remains the responsibility of the filing party to properly instruct the clerk regarding what to file under seal, rather than the clerk's responsibility to follow this agreement. Signed by Judge William O. Bertelsman on 9/16/2010.(KRS)cc: COR
September 13, 2010 NOTICE OF DEFICIENCY TO Michael O'Hara re #201 Notice of Filing: thefiling attorneys name is not typed on the signature line. The name of theFiling User under whose login and password the document is filed must bepreceded by an s/ and typed in the space where the signature wouldotherwise appear. No further action required. cc: COR (KRS)
September 13, 2010 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #201 Notice of Filing. (KRS)
September 10, 2010 Filing 201 NOTICE OF FILING by Elizabeth (Doe), Fayma Callahan, Shawnee Callihan, Todd Collins, John Doe(s), Edwards, Deputy Edwards, Gram, Linda Hermiller, Deborah J. Hoffman, Isaac, Scott Jones, Kenton County, Kenton County, Kentucky Jailer, Suzanne Kress, Noll, Pollard, Cynthia A. Risch, Deven Rodriguez, Saint Elizabeth Medical Center, Inc., Southern Health Partners, Inc., Angel Velazquez, Waldridge, Robert Weber, White Agreed Order to Hold in Confidence and Confidentality Agreement (Attachments: #1 Proposed Order Agreed Order To Hold in Confidence, #2 Exhibit 1 Confidentialitly Agreement)(O'Hara, Michael) Modified to clean up text on 9/13/2010 (KRS).
July 9, 2010 Opinion or Order Filing 200 MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 7/8/2010 before Judge William O. Bertelsman: (1) Defts' Motions to Dismiss #166 , #182 , #188 , #191 are hereby DENIED. as the court noted, however, such denial is without prejudice to filing later motions to dismiss; (2) Plff's Motion to Amend #198 is DENIED in its present form. However, plff is hereby GRANTED AN EXTENSION UNTIL 120 DAYS FROM THE ENTRY OF THIS ORDER to file a revised third amended complaint and properly serve it on defendants (Court Reporter Shandy Edhe.). Signed by Judge William O. Bertelsman on 7/9/2010. (LMB)cc: COR
June 25, 2010 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #191 MOTION to Dismiss by Linda Hermiller, Scott Jones, Suzanne Kress, Angel Velazquez (TED)
June 9, 2010 NOTICE OF DOCKET MODIFICATION TO Michael O'Hara re #198 MOTION to Amend/Correct to file Third Amended Complaint by Cynthia A. Risch and Memorandum In support to file Third Amended Complaint ; Error: Attachments were insufficiently described as "Exhibit 1". Entry by attorney. Correction: Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TED)
June 8, 2010 Filing 199 NOTICE OF FILING by Cynthia A. Risch re #198 MOTION to Amend/Correct by Cynthia A. Risch and Memorandum In support to file Third Amended Complaint Proposed Order to File the Third Amended Complaint (O'Hara, Michael)
June 8, 2010 Filing 198 MOTION to Amend/Correct by Cynthia A. Risch and Memorandum In support to file Third Amended Complaint (Attachments: #1 Memorandum in Support of Motion to File Third Amended Complaint, #2 Exhibit Third Amended Complaint, #3 Exhibit Exhibit 1 of the Third Amended Complaint, #4 Exhibit Exhibit 2 of the Third Amended Complaint, #5 Exhibit Exhibit 3 of the Third Amended Complaint)(O'Hara, Michael) (Additional attachment(s) added on 6/9/2010: #6 Proposed Order) (TED). Modified text to describe motion on 6/9/2010 (TED).
May 27, 2010 Filing 197 NOTICE of Change of Address by Michael A. O'Hara (O'Hara, Michael)
May 26, 2010 Opinion or Order Filing 196 ORDER; 1)Def's #178 Motion to for leave to file an amended answer to the second complaint is denied as moot as the identical #179 Motion has been granted; 2) #190 Motion for Extension of time to extend pla's deadline to amend pleadings and join parties and/or for leave to file motion to amend and join after deadline is denied as moot in light of the fact that the parties' proposed #155 Joint Discovery Plan has not yet been adopted. Signed by Judge William O. Bertelsman on 05/26/2010. (LST)cc: COR
May 21, 2010 Filing 195 RESPONSE in Opposition re #191 MOTION to Dismiss by Linda Hermiller, Scott Jones, Suzanne Kress, Angel Velazquez filed by Cynthia A. Risch. (O'Hara, Michael)
May 17, 2010 Opinion or Order Filing 194 ORDER; 1)Oral Argument set for 6/3/2010 at 1:00pm is CONTINUED to 7/8/2010 01:00 PM in COVINGTON before Judge William O. Bertelsman, at which time all pending motions will be heard. Signed by Judge William O. Bertelsman on 05/17/2010.(LST)cc: COR
May 17, 2010 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #182 MOTION to Dismiss by Elizabeth (Doe), Deputy Edwards, Gram, Noll, Pollard, White (KRS)
May 14, 2010 Filing 193 REPLY to Response to Motion re #182 MOTION to Dismiss by Elizabeth (Doe), Deputy Edwards, Gram, Noll, Pollard, White filed by Elizabeth (Doe), Deputy Edwards, Gram, Noll, Pollard, White. (Attachments: #1 Exhibit A - Nov. 9, 2009 Letter, #2 Exhibit B - Nov. 10, 2009 Letter)(Stewart, Mary) Modified to remove duplicate text on 5/17/2010 (KRS).
May 14, 2010 Filing 192 RESPONSE to Motion re #190 MOTION for Extension of Time to Amend #155 Proposed Agreed Order/Stipulation by Cynthia A. Risch by Elizabeth (Doe), Deputy Edwards, Gram, Noll, Pollard, White. (Stewart, Mary) Modified text to remove duplicate on 5/17/2010 (KRS).
May 10, 2010 Filing 191 MOTION to Dismiss by Linda Hermiller, Scott Jones, Suzanne Kress, Angel Velazquez (Attachments: #1 Order)(Westling, Michael)
May 3, 2010 Clerk's Note: re #190 MOTION for Extension of Time to Amend #155 Proposed Agreed Order/Stipulation by Cynthia A. Risch. T/C to counsel. Counsel verified that pg. 3 of #190 is indeed a blank page. (KRS)
May 3, 2010 NOTICE OF DOCKET MODIFICATION TO Michael O'Hara re #190 MOTION for Extension of Time to Amend and #189 Response in Opposition to Motion, Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct.) No further action required by counsel. cc: COR (KRS)
April 30, 2010 Filing 190 MOTION for Extension of Time to Amend #155 Proposed Agreed Order/Stipulation by Cynthia A. Risch (Attachments: #1 Memorandum in Support, #2 Exhibit A, 11/7/2008 letter #3 Exhibit B,Certification #4 Proposed Order)(O'Hara, Michael) Modified text to name exhibits on 5/3/2010 (KRS).
April 30, 2010 Filing 189 RESPONSE in Opposition re #182 MOTION to Dismiss by Elizabeth (Doe), Deputy Edwards, Gram, Noll, Pollard, White filed by Cynthia A. Risch. (Attachments: #1 Exhibit A, 8/6/09 letter and 26(A) Disclosures of Deputies White, Pollard, Noll, Edwards, Gram and Doe, the CME's, #2 Exhibit b, Dft. Kenton Cty. and Terry Carl's 26(a) Disclosures #3 Proposed Order)(O'Hara, Michael) Modified text and named exhibits on 5/3/2010 (KRS).
April 29, 2010 Filing 188 MOTION to Dismiss by Fayma Callahan, Shawnee Callihan, Todd Collins, Deborah J. Hoffman, Deven Rodriguez, Southern Health Partners, Inc., Waldridge (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - Correspondence)(Schwartz, Ryan)
April 14, 2010 Opinion or Order Filing 187 ORDER; 1)Attorney Matthew T. Lockaby is removed as counsel of record. Signed by Judge William O. Bertelsman on 04/14/2010. (LST)cc: COR
April 14, 2010 Opinion or Order Filing 186 ORDER re #182 and #166 Motions to Dismiss, Oral argument set on 4/29/10 at 1:00 p.m. is CONTINUED. ( Oral Argument Hearing is continued to 6/3/2010 01:00 PM in COVINGTON before Judge William O. Bertelsman.), at which time all pending motions will be heard. Signed by Judge William O. Bertelsman on 4/14/2010.(LMB)cc: COR
April 14, 2010 ***MOTION SUBMITTED TO CHAMBERS of Judge Bertelsman for review: re #185 MOTION to Withdraw as Attorney by Elizabeth (Doe), Deputy Edwards, Gram, Noll, and Pollard by Attorney Matthew T. Lockaby (CMR)
April 13, 2010 Filing 185 MOTION to Withdraw as Attorney by Elizabeth (Doe), Elizabeth (Doe), Edwards, Deputy Edwards, Gram, Gram, Noll, Noll, Pollard, Pollard by Matthew T. Lockaby (Attachments: #1 Proposed Order)(Lockaby, Matthew)
April 13, 2010 Filing 184 DEFENDANTS' FIRST AMENDED ANSWER TO Pltf's Second Amended Complaint #95 , by Linda Hermiller, Scott Jones, Suzanne Kress, Saint Elizabeth Medical Center, Inc., Angel Velazquez. (ECO)
April 13, 2010 Filing 182 MOTION to Dismiss (with MEMORANDUM) by Elizabeth (Doe), Deputy Edwards, Gram, Noll, Pollard, White (Attachments: #1 Exhibit A - Summons & Mail Receipts to Initial Complaint, #2 Exhibit B - Summons & Mail Receipts to 1st Amended Complaint, #3 Exhibit C - Correspondence to Atty. Michael O'Hara, #4 Exhibit D - Summons & Mail Receipts to 2nd Amended Complaint, #5 Proposed Order)(Stewart, Mary) Modified on 4/14/2010 to add text "with Memorandum" (CMR).
April 12, 2010 Opinion or Order Filing 183 ORDER: 1) Defts' #179 Motion for Leave to File an Amended Answer to Pltf's Second Amended Complaint is GRANTED; 2) Defts' Amended Answer shall be filed with this Court within 20 days of the date of this Order. Signed by Judge William O. Bertelsman on 4/12/2010. (ECO)cc: COR
April 9, 2010 Opinion or Order Filing 181 ORDER: 1) That ORAL ARGUMENT on such motions re #166 , #178 , #179 be, and it is, hereby set on THURSDAY, APRIL 29, 2010 at 1:00 p.m. in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 4/9/2010.(ECO)cc: COR
April 9, 2010 NOTICE OF DOCKET MODIFICATION TO Michael Westling re #179 MOTION for Leave by St. Elizabeth Medical Center to file an Amended Answer to Plf's Second Amended Complaint; Error: the incorrect motion relief Motion to Amend/Correct was selected. Entry by Attorney; Clerk re-defined the pleading as a Motion for Leave. No further action required by counsel. cc: COR (KRS)
April 9, 2010 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #166 MOTION to Dismiss by Saint Elizabeth Medical Center, Inc. to Dismiss Second Amended Complaint (KRS)
April 8, 2010 Filing 180 RESPONSE to Motion re #179 MOTION to Amend/Correct by Saint Elizabeth Medical Center, Inc. filed by Cynthia A. Risch. (O'Hara, Michael)
April 8, 2010 Filing 179 MOTION for Leave by Saint Elizabeth Medical Center, Inc. to file an Amended Answer to Plf's Second Amended Complaint (Attachments: #1 Amended Answer, #2 Proposed Order)(Westling, Michael) Modified text to correctly describe motion and correct motion relief on 4/9/2010 (KRS).
April 7, 2010 Filing 178 MOTION to Amend Complaint by Saint Elizabeth Medical Center, Inc. (Attachments: #1 Amended Answer, #2 Proposed Order)(Westling, Michael) Modified to better describe on 4/7/2010 (LST).
April 7, 2010 NOTICE OF DEFICIENCY TO Michael Westling re #178 MOTION to Amend Complaint by Saint Elizabeth Medical Center, Inc.; the filing attorney's name isnot typed on the signature line; The name of the filing User under whose login and password the document is filed must be preceded by an "s/" and typed in the space where the signature would otherwise appear No further action required cc: COR (LST)
March 25, 2010 Filing 177 NOTICE OF FILING SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Scott Jones served on 2/20/2010, answer due 3/15/2010. (Attachments: #1 Summons Jones - Summons, #2 Exhibit Jones - Postcard)(O'Hara, Michael) Modified text (description) on 3/25/2010 (CBD).
March 25, 2010 Filing 176 NOTICE OF FILING SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Suzanne Kress served on 2/22/2010, answer due 3/15/2010. (Attachments: #1 Summons Kress - Summons, #2 Exhibit Kress - Postcard)(O'Hara, Michael) Modified text (description)on 3/25/2010 (CBD).
March 25, 2010 Filing 175 NOTICE OF FILING SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Angel Velazquez served on 2/22/2010, answer due 3/15/2010. (Attachments: #1 Summons Velazquez - Summons, #2 Exhibit Velazquez - Postcard)(O'Hara, Michael) Modified text (description) on 3/25/2010 (CBD).
March 25, 2010 Filing 174 NOTICE OF FILING SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Linda Hermiller served on 2/24/2010, answer due 3/17/2010. (Attachments: #1 Summons Hermiller, #2 Exhibit Hermiller-returned postcard)(O'Hara, Michael) Modified text (description) on 3/25/2010 (CBD).
March 25, 2010 Filing 173 INITIAL DISCLOSURES 26(A)(1) by Frank Giese.(Lyon, Michael)
March 17, 2010 Filing 172 RESPONSE in Opposition re #166 MOTION to Dismiss by Saint Elizabeth Medical Center, Inc. to Dismiss Second Amended Complaint filed by Cynthia A. Risch. (Attachments: #1 Proposed Order)(O'Hara, Michael)
March 11, 2010 Filing 171 RESPONSE to Discovery Request by Saint Elizabeth Medical Center, Inc..(Westling, Michael)
March 11, 2010 Filing 170 NOTICE OF FILING by Saint Elizabeth Medical Center, Inc. re #166 MOTION to Dismiss by Saint Elizabeth Medical Center, Inc. to Dismiss Second Amended Complaint (Attachments: #1 Proposed Order)(Westling, Michael)
March 5, 2010 Filing 169 Plaintiff's First Supplement to Her Responses to Dfts. Kenton County and Terry Carl's Written Discovery Request by Cynthia A. Risch.(O'Hara, Michael) Modified to better describe on 3/8/2010 (KRS).
March 5, 2010 Filing 168 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Saint Elizabeth Medical Center, Inc.. (Stickels, Cathy)
March 4, 2010 NOTICE OF DEFICIENCY TO CATHY STICKELS re #166 MOTION to Dismiss by Saint Elizabeth Medical Center, Inc. to Dismiss Second Amended Complaint: Error #1: Attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a pleading entitled Notice of Filing (with a certificate of service,) file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. Error #2: The filing attorneys name is not typed on the signature line. The name of the Filing User under whose login and password the document is filed must be preceded by an s/ and typed in the space where the signature would otherwise appear. No further action required. cc: COR (KRS)
March 3, 2010 Filing 167 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Michael Westling. #116 Answer to Amended Complaint has been filed by Saint Elizabeth Medical Center without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (LST)
March 3, 2010 Filing 166 MOTION to Dismiss by Saint Elizabeth Medical Center, Inc. to Dismiss Second Amended Complaint (Stickels, Cathy) (Additional attachment(s) added on 3/11/2010: #1 Proposed Order) (LST).
February 26, 2010 Opinion or Order Filing 165 ORDER: 1) IT IS ORDERED that said #160 Motion for Entry of Default be, an it is, hereby withdrawn and moot. Signed by Judge William O. Bertelsman on 2/26/2010. (ECO)cc: COR
February 25, 2010 Opinion or Order Filing 164 ORDER: granting #163 Motion to Withdraw as Attorney Matthew T. Lockaby for dfts. Deputy White, Deputy Pollard, Deputy Noll, Deputy Edwards, Deputy Gram, and Deputy Elizabeth (Doe), the CME, in their individual capacities. Signed by Judge William O. Bertelsman on 2/25/2010. (KRS)cc: COR
February 24, 2010 Filing 163 MOTION to Withdraw as Attorney by Elizabeth (Doe), Deputy Edwards, Gram, Noll, Pollard, White (Attachments: #1 Proposed Order)(Stewart, Mary)
February 22, 2010 Filing 162 REQUEST for Admissions by Cynthia A. Risch.(O'Hara, Michael)
February 22, 2010 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #161 Notice of Filing (KRS)
February 22, 2010 ***MOTION SUBMITTED TO CHAMBERS of William O. Berterlsman for review: re #160 MOTION for Entry of Default by Cynthia A. Risch (KRS)
February 19, 2010 Filing 161 NOTICE OF FILING by Cynthia A. Risch re #160 MOTION for Entry of Default by Cynthia A. Risch Withdrawing Motion (O'Hara, Michael)
February 19, 2010 Filing 160 MOTION for Entry of Default by Cynthia A. Risch (Attachments: #1 Affidavit Michael A. O'Hara, #2 Proposed Order)(O'Hara, Michael)
February 16, 2010 Clerk's Note: Clerk called counsel for Pltf, Michael O'Hara this date. Clerk unable to issue summons presented as to Dr. Issac P. Thomas re #158 Notice of Filing. Counsel's office advised they will file motion to substitute party. (ECO)
February 11, 2010 Filing 159 Summons Issued as to Dr. Suzanne Kress, Dr. Angel Velazquez, Dr. Linda Hermiller, Dr. Scott Jones; issued summons returned to counsel via U.S. Mail (ECO)
February 11, 2010 Filing 158 NOTICE OF FILING by Cynthia A. Risch re #95 Amended Complaint,,, (Attachments: #1 Summons Dr. Thomas, #2 Summons Dr, Kress, #3 Summons Dr. Velazquez, #4 Summons Dr. Hermiller, #5 Summons Dr. Jones)(O'Hara, Michael)
February 4, 2010 Opinion or Order Filing 157 ORDER; 1)Pla's #156 Motion to voluntarily Dismiss, Dr. Frank Geise is granted; 2)Claims against def, Dr. Frank Geise are dismissed. Signed by Judge William O. Bertelsman on 02/04/2010. (LST)cc: COR
February 3, 2010 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #156 VERIFIED MOTION to Dismiss defendant Dr. Frank Geise by Cynthia A. Risch (KRS)
February 2, 2010 Filing 156 VERIFIED MOTION to Dismiss dft. Dr. Frank Geise by Cynthia A. Risch (Attachments: #1 Proposed Order)(O'Hara, Michael) Modified text on 2/3/2010 (KRS).
February 1, 2010 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: #155 Proposed Agreed Order/Stipulation Parties' Proposed Rule 26 Joint Disc. Plan. (KRS)
January 29, 2010 Filing 155 Proposed Agreed Order/Stipulation Parties' Proposed Rule 26 Joint Discovery Plan by Cynthia A. Risch. (O'Hara, Michael)
January 8, 2010 Opinion or Order Filing 153 ORDER, (1) MOTION #105 to Dismiss by The United States Of America, Robert Weber, Healthpoint Family Care, Inc. is hereby GRANTED without prejudice. (2) The remaining parties shall confer and submit a Discovery Plan herein on or before 2/1/2010. Signed by Judge William O. Bertelsman on 1/8/2010.(LMB)cc: COR
January 6, 2010 Filing 154 MINUTE ENTRY ORDER FOR MOTION HEARING held on 1/6/10 before Judge William O. Bertelsman. Proceedings held as noted. Separate order has issued. (Court Reporter Joan Averdick.) (TED)cc: COR
December 30, 2009 Filing 152 Summons Returned Unexecuted by Cynthia A. Risch as to Scott Jones. Individually (Attachments: #1 Summons Jones, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 151 Summons Returned Unexecuted by Cynthia A. Risch as to Linda Hermiller. Individually (Attachments: #1 Summons Hermiller, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 150 Summons Returned Unexecuted by Cynthia A. Risch as to Angel Velazquez. Individually (Attachments: #1 Summons Velazquez, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 149 Summons Returned Unexecuted by Cynthia A. Risch as to Suzanne Kress. Individually (Attachments: #1 Summons Kress, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 148 Summons Returned Unexecuted by Cynthia A. Risch as to Isaac. Individually (Attachments: #1 Summons Isaac, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 147 Summons Returned Unexecuted by Cynthia A. Risch as to John Doe(s). Capacity (Attachments: #1 Summons John Does #1-10, Capacity, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 146 Summons Returned Unexecuted by Cynthia A. Risch as to John Doe(s). Individually (Attachments: #1 Summons John Does #1-10, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 145 Summons Returned Unexecuted by Cynthia A. Risch as to Deborah J. Hoffman. Individually (Attachments: #1 Summons Hoffman, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 144 Summons Returned Unexecuted by Cynthia A. Risch as to Noll. Capacity (Attachments: #1 Summons Noll, Capacity, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 143 Summons Returned Unexecuted by Cynthia A. Risch as to Noll. Individually (Attachments: #1 Summons Noll, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 142 Summons Returned Unexecuted by Cynthia A. Risch as to Fayma Callahan. Individually (Attachments: #1 Summons Callahan, Individually, #2 Exhibit Returned Envelope)(O'Hara, Michael)
December 30, 2009 Filing 141 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Frank Giese served on 11/21/2009, answer due 12/14/2009. (Attachments: #1 Summons Giese, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 140 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Saint Elizabeth Medical Center, Inc. served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons St. Elizabeth Medical Center, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 139 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Todd Collins served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Collins, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 138 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Southern Health Partners, Inc. served on 11/19/2009, answer due 12/10/2009. (Attachments: #1 Summons Southern Health Partners, Inc., #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 137 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to The United States Of America served on 11/23/2009, answer due 12/15/2009. (Attachments: #1 Summons U.S. Secratary Kathleen Sebelius, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 136 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to The United States Of America served on 11/24/2009, answer due 12/15/2009. (Attachments: #1 Summons U.S. A.G. Eric Holder, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 135 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Robert Weber served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Weber, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 134 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Healthpoint Family Care, Inc. served on 11/18/2009, answer due 12/9/2009. (Attachments: #1 Summons Healthpoint Family Care, Inc., #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 133 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Waldridge served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Wldridge, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 132 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Deven Rodriguez served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Rodriguez (Messer), Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 131 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Shawnee Callihan served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Callihan, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 130 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to (Attachments: #1 Summons Elizabeth Doe, Capacity, #2 Exhibit Retunred Postcard)(O'Hara, Michael)
December 30, 2009 Filing 129 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Elizabeth (Doe) served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Elizabeth Doe, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 128 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to (Attachments: #1 Summons Gram, Capacity, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 127 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Gram served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Gram, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 126 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Edwards served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Edwards, Capacity, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 125 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Deputy Edwards served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Edwards, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 124 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to (Attachments: #1 Summons Pollard, Capacity, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 123 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Pollard served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Pollard, Individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 122 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to (Attachments: #1 Summons White, Capacity, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 121 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to White served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons White, individually, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 120 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to (Attachments: #1 Summons Kenton County, Kentucky Jailer, Terry Carl, #2 Exhibit Retunred Postcard)(O'Hara, Michael)
December 30, 2009 Filing 119 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Kenton County, Kentucky Jailer served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Kenton County, Kentucky Jailer, Terry Carl, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 30, 2009 Filing 118 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Kenton County served on 11/17/2009, answer due 12/8/2009. (Attachments: #1 Summons Kenton County, Ralph Drees, #2 Exhibit Returned Postcard)(O'Hara, Michael)
December 18, 2009 Opinion or Order Filing 117 ORDER: 1)Def's, Dr. Frank Giese's #112 Motion to Appear Pro Hac Vice as as to Michael Lyon is Granted. Signed by Judge William O. Bertelsman on 12/18/2009. (LST)cc: COR
December 18, 2009 Filing 116 ANSWER to #95 Amended Complaint,,, by Saint Elizabeth Medical Center, Inc..(Westling, Michael)
December 17, 2009 Opinion or Order Filing 115 ORDER re: #105 MOTION to Dismiss; Oral Argument on such motion is set on 1/6/2010 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 12/17/2009.(LMB)cc: COR
December 11, 2009 Filing 114 NOTICE OF FILING by Frank Giese Affidavit of Michael F. Lyon, Esq. (Attachments: #1 Affidavit)(Lyon, Michael)
December 11, 2009 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #105 MOTION to Dismiss by The United States Of America, Robert Weber, Healthpoint Family Care, Inc. Second Amended Complaint As It Pertains To The United States Of America, Robert Weber, M.D., And Healthpoint Family Care, Inc., AND #112 MOTION for Michael F. Lyon to Appear Pro Hac Vice by Frank Giese ( Filing fee $65; receipt number 1638940) (TED)
December 9, 2009 NOTICE OF DEFICIENCY TO Michael Lyon re #113 Answer to Amended Complaint, #112 MOTION for Michael F. Lyon to Appear Pro Hac Vice by Frank Giese ( Filing fee $65; receipt number 1638940) ; Error 1: Affidavit attached to motion for pro hac vice did not have notary signature; a scanned copy of the original signature for the Notary must be filed. Entry by attorney; within 3 business days, prepare a pleading entitled "Notice of Filing", (with a certificate of service), file the Notice using the event "Notice of Filing", attach a scanned copy of the Affidavit with the original signature of the affiant and Notary. Error 2: Exhibits were filed together with the motion and Answer instead of as separate attachments. Clerk attached each exhibit as a separate attachment with an appropriate description. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. cc: COR (TED)
December 9, 2009 BAR STATUS Check completed as to Michael Lyon re #112 MOTION for Michael F. Lyon to Appear Pro Hac Vice by Frank Giese ( Filing fee $65; receipt number 1638940).(TED)
December 9, 2009 Clerk's Note: re Notice of Deficiency to Michael Lyons. Time period for curing Notice of Deficiency is Seven (7) days instead of the 3 days noted in the Deficiency. (TED)
December 8, 2009 Filing 113 ANSWER to #95 Amended Complaint,,, with Jury Demand and Interrogatories Attached by Frank Giese.(Lyon, Michael) (Additional attachment(s) added on 12/9/2009: #1 Interrogatories of dft to Plaintiff) (TED).
December 8, 2009 Filing 112 MOTION for Michael F. Lyon to Appear Pro Hac Vice by Frank Giese ( Filing fee $65; receipt number 1638940) (Lyon, Michael) (Additional attachment(s) added on 12/9/2009: #1 Affidavit of Michael F. Lyon, #2 Supreme Court Certificate, #3 Proposed Order) (TED). (Additional attachment(s) added on 12/11/2009: #4 Corrrect Affidavit of Michael F. Lyon) (TED).
December 4, 2009 Filing 111 RESPONSE to Discovery Request by Cynthia A. Risch.(O'Hara, Michael)
November 30, 2009 NOTICE OF DOCKET MODIFICATION TO Thomas Gentry re #110 REPLY, ; Error: A link was created to the Response instead of the Motion. Entry by Attorney; Correction: Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (TED)
November 27, 2009 Filing 110 REPLY to #105 Motion to dismiss Second Amended Complaint by United States of America and #109 Response To Motion To Dismiss Second Amended Complaint filed by The United States Of America, Robert Weber, Healthpoint Family Care, Inc.. (Gentry, Thomas) Modified to create correct link to [105 motion to dismiss on 11/30/2009 (Dallas, Tammy).
November 23, 2009 Filing 109 RESPONSE in Opposition re #105 MOTION to Dismiss by The United States Of America, Robert Weber, Healthpoint Family Care, Inc. Second Amended Complaint As It Pertains To The United States Of America, Robert Weber, M.D., And Healthpoint Family Care, Inc. filed by Cynthia A. Risch. (Attachments: #1 Exhibit Rethinking Bivens Article)(O'Hara, Michael)
November 17, 2009 Filing 108 Summons Issued (original and one copy) as to Fayma Callahan; issued summons and returned to counsel via U.S. Mail (TED)
November 17, 2009 Filing 107 NOTICE OF FILING by Cynthia A. Risch re #106 Notice of Filing, #104 Summons Issued,,,, F. Callahan (Attachments: #1 Summons)(O'Hara, Michael)
November 17, 2009 Clerk's Note: re #106 Notice of Filing. Call to office of Michael O'Hara. Clerk confirmed that incorrect summons was at DE #106 . Said Summons issued at DE #106 will not issue. (TED)
November 16, 2009 Filing 106 NOTICE OF FILING by Cynthia A. Risch re #104 Summons Issued,,,, (Attachments: #1 Summons)(O'Hara, Michael)
November 13, 2009 Filing 105 MOTION to Dismiss by The United States Of America, Robert Weber, Healthpoint Family Care, Inc. Second Amended Complaint As It Pertains To The United States Of America, Robert Weber, M.D., And Healthpoint Family Care, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Gentry, Thomas)
November 12, 2009 Filing 103 FRCP 7.1 DISCLOSURE STATEMENT by Southern Health Partners, Inc. identifying Corporate Parent Vista Healthcare Management, Inc. for Southern Health Partners, Inc... (Schwartz, Ryan)
November 12, 2009 Filing 102 ANSWER to #95 Amended Complaint,,, by Shawnee Callihan, Fayma Callahan, Deven Rodriguez, Deborah J. Hoffman, Waldridge, Southern Health Partners, Inc., Todd Collins.(Schwartz, Ryan)
November 12, 2009 Filing 101 ANSWER to #95 Amended Complaint,,, by Kenton County, Kentucky Jailer, Kenton County, Kenton County, Kentucky Jailer.(Nordloh, Christopher)
November 12, 2009 Filing 100 ANSWER to #95 Amended Complaint,,, by Elizabeth (Doe), White, Pollard, Noll, Deputy Edwards, Gram.(Stewart, Mary)
November 10, 2009 Filing 104 Summons Issued on SECOND AMENDED COMPLAINT as to Elizabeth (Doe), Shawnee Callihan, Deven Rodriguez, Deborah J. Hoffman, John Doe(s), Waldridge, White, Pollard, Noll, Edwards, Elizabeth (Doe), Gram, John Doe(s), Southern Health Partners, Inc., Todd Collins, Saint Elizabeth Medical Center, Inc., Suzanne Kress, Angel Velazquez, Linda Hermiller, Frank Giese, Scott Jones, The United States Of America (2 Summons issued-one as to Attorney General and one as to Secretary Kathleen Sebelius, U.S. Dept. of Health and Human Services, Isaac, Robert Weber, Healthpoint Family Care, Inc., Kenton County, Kenton County, Kentucky Jailer, Individually, White, Pollard, Noll, Deputy Edwards, Gram in their official capacity; issued summons (original and one copy of each) and returned to counsel via U.S. Mail. (Summons for Kenton County Kentucky Jailer in official capacity was not issued as same had previously been issued. Only 1 Summons for Devin Rodriguez f/k/a Deven S. Messer as Second Amended Complaint only included individually not in official capacity) (TED) Modified text to add 2 summons issued as to USA on 11/13/2009 (TED).
November 10, 2009 Filing 98 NOTICE OF FILING by Cynthia A. Risch re #95 Amended Complaint,,, (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons, #24 Summons, #25 Summons, #26 Summons, #27 Summons, #28 Summons, #29 Summons, #30 Summons, #31 Summons, #32 Summons, #33 Summons, #34 Summons, #35 Summons)(O'Hara, Michael)
November 10, 2009 Clerk's Note: re #97 Notice of Filing Summons. Clerk having confirmed with counsel that only one correct summons has been presented for issuance at DE #97 . Clerk will issue only summons as to Kenton County Jailer in his official capacity this date. Counsel has advised correct filing will be made. (TED)
November 9, 2009 Filing 99 Summons Issued on Second Amended Complaint as to Kenton County, Kentucky Jailer, in his official capacity; issued summons (original and one copy) and returned to counsel via U.S. Mail (TED)
November 9, 2009 Filing 97 NOTICE OF FILING by Cynthia A. Risch re Clerk's Note,, #95 Amended Complaint,,, (Attachments: #1 Summons Summons to be issued)(O'Hara, Michael)
November 9, 2009 Clerk's Note: re #95 Second Amended Complaint. The Clerk notes that a Second Amended Complaint was filed; however, no summons were provided to the Clerk for issuance. If you desire summons to be issued, the forms are available on the Court's website, www.kyed.uscourts.gov. A summons may be issued by either presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a Notice of Filing with the prepared summons as an attachment within 3 business days. (TED)
November 6, 2009 Filing 96 REQUEST for Admissions by Kenton County, Kentucky Jailer, Kenton County, Kenton County, Kentucky Jailer.(Nordloh, Christopher)
November 5, 2009 Filing 95 SECOND AMENDED COMPLAINT against Southern Health Partners, Inc., Healthpoint Family Care, Inc., Robert Weber,M.D., Todd Collins, Saint Elizabeth Medical Center, Inc., Dr. Isaac, Dr. Suzanne Kress, Dr. Angel Velazquez, Dr. Linda Hermiller, Dr. Frank Giese, Dr. Scott Jones, The United States Of America, Elizabeth (Doe)individually, Shawnee Callihan, Fayma Callahan, Deven Rodriguez, Deborah J. Hoffman, John Doe(s) individually, Dr. Waldridge, Kenton County, Kentucky Jailer individually, White individually, Pollard individually, Noll individually, Edwards individually, Elizabeth (Doe) official capacity, Gram individually, John Doe(s) official capacity, Kenton County, Kenton County, Kentucky Jailer official capacity, White official capacity, Pollard official capacity, Noll official capacity, Deputy Edwards official capacity, Gram official capacity, filed by Cynthia A. Risch. FILED pursuant to Order #94 .(TED)
November 5, 2009 Opinion or Order Filing 94 ORDER: It is ordered: 1) Plaintiff's #66 Motion to Stay be and it is hereby DENIED; 2) United States' #89 Motion to Dismiss the state law claims against it be and are hereby GRANTED and the claims are hereby DISMISSED, without prejudice, for lack of jurisdiction and 3) Plaintiff's #91 Motion to file a second amended complaint be and it is hereby GRANTED. The tendered second amended complaint be and it is hereby ordered filed. Signed by Judge William O. Bertelsman on 11/5/09. (TED)cc: COR
November 2, 2009 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: #89 motion to dismiss and #91 Motion to amend/correct Amended Complaint (TED)
October 16, 2009 Filing 93 NOTICE OF FILING by Cynthia A. Risch re #88 Summons Returned Executed, Notice of Deficiency, (Attachments: #1 Summons Executed Summons - Drees)(O'Hara, Michael)
October 15, 2009 Filing 92 NOTICE OF FILING by Cynthia A. Risch re #91 MOTION to Amend/Correct #46 Amended Complaint by Cynthia A. Risch (Attachments: #1 Exhibit Exhibit 1 to Second Amended Complaint, #2 Exhibit Exhibit 2 to Second Amended Complaint, #3 Exhibit Exhibit 3 to Second Amended Complaint)(O'Hara, Michael)
October 15, 2009 Filing 91 MOTION to Amend/Correct #46 Amended Complaint by Cynthia A. Risch (Attachments: #1 Exhibit Exhibit 1 - Second Amended Complaint, #2 Proposed Order)(O'Hara, Michael) (Additional attachment(s) added on 11/2/2009: #3 Exhibit 1 to Motion to amend- 2-18-08 letter to Kenton Fiscal Court from So Health Partners, #4 Exhibit 2-motion to amend- Professional Services Agreement for Health Medical Services, #5 Exhibit 3-motion to amend-Kenton County Fiscal Court Minutes re: Det Center Medical Contract) (TED).
October 15, 2009 Filing 90 RESPONSE to #89 Motion to Dismiss filed by Cynthia A. Risch. (O'Hara, Michael) Modified to clean up text on 10/16/2009 (LST).
October 6, 2009 ***FILE SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: Notice of Deficiency, No response to deficiency. (TED)
October 5, 2009 Filing 89 MOTION to Dismiss by United States(formerly identified as Healthpoint Family Care, Inc. and substitution of party United States made pursuant to Order DE 65), United States(formerly identified as Robert Weber, M.D. and substitution of party United States made pursuant to Order DE 65) (Attachments: #1 Memorandum in Support, #2 Declaration of Meredith Torres, #3 Proposed Order)(Gentry, Thomas)
September 30, 2009 NOTICE OF DEFICIENCY TO Michael O'Hara re #88 Summons Returned Executed; Blank page 1 of Summons was attached. Within 3 business days, file the page 1 of the Summons (issued by the Clerk) as an electronic attachment to a document entitled Notice of Filing with a certificate of service within 3 business days. cc: COR (TED)
September 29, 2009 Filing 88 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Serve: Judge Executive Ralph Drees served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons Drees, #2 Exhibit Return Postcard - Drees)(O'Hara, Michael) Modified text to describe Kenton County on 9/30/2009 (TED).
September 28, 2009 Filing 87 NOTICE OF FILING by Cynthia A. Risch re #78 Summons Returned Executed (O'Hara, Michael)
September 28, 2009 Filing 86 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to United States(formerly identified as Healthpoint Family Care, Inc. and substitution of party United States made pursuant to Order DE 65) served on 7/17/2009, answer due 8/6/2009. (Attachments: #1 Summons Healthpoint, #2 Exhibit Return Postcard - Healthpoint)(O'Hara, Michael)
September 28, 2009 Filing 85 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Deputy Elizabeth (Doe), individually served on 7/15/2009, answer due 8/4/2009. (Attachments: #1 Summons E Doe, Individually, #2 Exhibit Return Postcard - E Doe, individually)(O'Hara, Michael) Modified text to further describe Deputy Elizabeth (Doe) on 9/29/2009 (TED).
September 28, 2009 Filing 84 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Dr. Waldridge served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons Waldridge, #2 Exhibit Return Postcard - Waldridge)(O'Hara, Michael) Modified text to describe Waldridge on 9/29/2009 (TED).
September 28, 2009 Filing 83 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Kentucky Jailer Terry Carl, officially. Served on 7/16/09. Answer due 8/5/2009. (Attachments: #1 Summons Carl, individually, #2 Exhibit Return Postcard - Carl, individually)(O'Hara, Michael) Modified text to further describe Kenton County Kentucky Jailer and add answer due date on 9/29/2009 (TED).
September 28, 2009 Filing 82 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County, Kentucky Jailer Terry Carl, officially served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons Carl, #2 Exhibit Return Postcard - Carl)(O'Hara, Michael) Modified text to further describe Kenton County KY Jailer on 9/29/2009 (TED).
September 28, 2009 Filing 81 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to S. Messer served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons S Messer, #2 Exhibit Return Postcard - S Messer)(O'Hara, Michael)
September 28, 2009 Filing 80 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to F. Callahan served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons F Callahan, #2 Exhibit Return Postcard - F Callahan)(O'Hara, Michael)
September 28, 2009 Filing 79 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Shawnee Callihan served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons S Callihan, #2 Exhibit Return Postcard - S Callihan)(O'Hara, Michael)
September 28, 2009 Filing 78 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Deputy Elizabeth (Doe), official served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons Elizabeth Doe, #2 Exhibit Return Postcard - E Doe)(O'Hara, Michael) Modified party served to Doe per notice #87 on 9/29/2009 (TED).
September 28, 2009 Filing 77 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Deputy Gram, individually served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons Gram, individually, #2 Exhibit Return Postcard - Gram, individually)(O'Hara, Michael) Modified text to further describe Gram on 9/29/2009 (TED).
September 28, 2009 Filing 76 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Deputy Gram, County official served on 7/15/2009, answer due 8/4/2009. (Attachments: #1 Summons Gram, #2 Exhibit Return Postcard - Gram)(O'Hara, Michael) Modified text to further describe Gram on 9/29/2009 (TED).
September 28, 2009 Filing 75 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Deputy Edwards, individually served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons Edwards, individually, #2 Exhibit Return Postcard - Edwards, individually)(O'Hara, Michael) Modified on 9/29/2009 (TED).
September 28, 2009 Filing 74 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Deputy Edwards, County Official served on 7/15/2009, answer due 8/4/2009. (Attachments: #1 Summons Edwards, #2 Exhibit Return Postcard - Edwards)(O'Hara, Michael) Modified text to further describe Edwards on 9/29/2009 (TED).
September 28, 2009 Filing 73 SUMMONS Returned Executed by Cynthia A. Risch via certified mail to Kenton County Deputy Pollard, individually served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons Pollard, individually, #2 Exhibit Return Postcard - Pollard, individually)(O'Hara, Michael) Modified text to further describe Pollard on 9/29/2009 (TED).
September 28, 2009 Filing 72 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Kenton County Deputy Pollard, County Official served on 7/15/2009, answer due 8/4/2009. (Attachments: #1 Summons Pollard, #2 Exhibit Return Postcard - Pollard)(O'Hara, Michael) Modified text to further describe Pollard on 9/29/2009 (TED).
September 28, 2009 Filing 71 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Kenton County Deputy White, individually served on 7/16/2009, answer due 8/5/2009. (Attachments: #1 Summons White, individually, #2 Exhibit Return Postcard - White, individually)(O'Hara, Michael) Modified text to further describe White on 9/29/2009 (TED).
September 28, 2009 Filing 70 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Kenton County Deputy White, County official served on 7/15/2009, answer due 8/4/2009. (Attachments: #1 Summons White, #2 Exhibit Return Postcard - White)(O'Hara, Michael) Modified text further describing White on 9/29/2009 (TED).
September 28, 2009 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #66 MOTION to Stay by Cynthia A. Risch (TED)
September 25, 2009 Filing 69 REPLY to Response to Motion re #66 MOTION to Stay by Cynthia A. Risch filed by Cynthia A. Risch. (O'Hara, Michael)
September 16, 2009 Filing 68 RESPONSE to Motion re #66 MOTION to Stay by Cynthia A. Risch filed by Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman, Waldridge. (Schwartz, Ryan)
September 15, 2009 Filing 67 RESPONSE to Motion re #66 MOTION to Stay by Cynthia A. Risch filed by Kenton County, Kentucky Jailer, Noll, Edwards, Elizabeth (Doe), Gram, Kenton County, Kenton County, Kentucky Jailer. (Nordloh, Christopher)
September 14, 2009 Filing 66 MOTION to Stay by Cynthia A. Risch (Attachments: #1 Proposed Order)(O'Hara, Michael)
September 9, 2009 Opinion or Order Filing 65 ORDER: It is ordered that 1) #58 Motion to Substitute Party is GRANTED. United States is hereby SUBSTITUTED as party defendant herein in place of Robert Weber, M.D. and Healthpoint Family Care, Inc. The clerk of court is directed to amend the caption of this action to reflect this substitution; and 2) The state law claims against defendants Robert Weber, M.D. and Healthpoint Family Care, Inc. be, and are hereby DISMISSED. Signed by Judge William O. Bertelsman on 9/9/09. (TED)cc: COR
August 21, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #58 MOTION to Substitute Party by Healthpoint Family Care, Inc., Robert Weber (JMM)
August 20, 2009 Filing 64 RESPONSE to Motion re #58 MOTION to Substitute Party by Healthpoint Family Care, Inc., Robert Weber filed by Cynthia A. Risch. (Attachments: #1 Proposed Order)(O'Hara, Michael)
August 19, 2009 Opinion or Order Filing 63 ORDER: IT IS HEREBY ORDERED that Defendants Healthpoint Family Care, Inc. and Robert Weber, M.D. are granted an extension of time in which to answer or otherwise plead through the time in which the Court rules on the pending motion to substitute the United States as a Defendant, in place of Healthpoint and Weber #58 , allowing ten (10) days thereafter in which to answer or otherwise plead. Signed by Judge William O. Bertelsman on 8/18/2009. (JMM)cc: COR
August 17, 2009 NOTICE OF DOCKET MODIFICATION TO Michael O'Hara re #61 Reply to Response to Motion; Error: the response to #59 was incorrectly filed using the event "reply to response to motion."; Entry by attorney; Correction: Clerk modified the docket text of #61 to state, "incorrectly filed." Clerk filed the response as #62 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (JMM)
August 17, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #59 MOTION for Extension of Time to File Answer re #1 Complaint, #46 Amended Complaint by Healthpoint Family Care, Inc., Robert Weber Or Otherwise Plead (JMM)
August 14, 2009 Filing 62 RESPONSE to Motion re #59 MOTION for Extension of Time to File Answer re #1 Complaint, #46 Amended Complaint by Healthpoint Family Care, Inc., Robert Weber Or Otherwise Plead filed by Cynthia A. Risch. "FILED pursuant to QC re: #61 ." (JMM)
August 14, 2009 Filing 61 "INCORRECTLY FILED AS REPLY to Response to Motion" re #59 MOTION for Extension of Time to File Answer re #1 Complaint, #46 Amended Complaint by Healthpoint Family Care, Inc., Robert Weber Or Otherwise Plead filed by Cynthia A. Risch. (O'Hara, Michael) Modified on 8/17/2009 "Please see docket entry #62 for the CORRECT ENTRY for this pleading" (JMM).
August 12, 2009 Opinion or Order Filing 60 ORDER: This matter is before the court on the motion of plaintiff for default judgment against defendants, Healthpoint Family Care, Inc. and Robert Weber, M.D. #56 , and there being no motion for Entry of Default by the Clerk of this court filed prior thereto, and pursuant to Fed. R. Civ. P. 55, and the court being advised,IT IS ORDERED that said motion for default judgment be, and it is, hereby denied as improperly filed. Signed by Judge William O. Bertelsman on 8/12/2009. (JMM)cc: COR
August 12, 2009 Filing 59 MOTION for Extension of Time to File Answer re #1 Complaint, #46 Amended Complaint by Healthpoint Family Care, Inc., Robert Weber Or Otherwise Plead (Attachments: #1 Proposed Order)(Gentry, Thomas)
August 11, 2009 Filing 58 MOTION to Substitute Party by Healthpoint Family Care, Inc., Robert Weber (Attachments: #1 Certification Of Scope Of Employment, #2 Proposed Order)(Gentry, Thomas)
August 11, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #56 MOTION for Default Judgment by Cynthia A. Risch (JMM)
August 10, 2009 Filing 57 NOTICE OF FILING by Cynthia A. Risch re #56 MOTION for Default Judgment by Cynthia A. Risch Proposed Order (O'Hara, Michael)
August 10, 2009 Filing 56 MOTION for Default Judgment by Cynthia A. Risch (Attachments: #1 Exhibit Exhibit A - Healthpoint Executed Summons, #2 Exhibit Exhibit B - Weber Executed Summons)(O'Hara, Michael) (Additional attachment(s) added on 8/11/2009: #3 Proposed Order) (JMM). Modified on 8/11/2009 (to attach Proposed Order) (JMM).
July 23, 2009 Filing 55 ANSWER to #46 Amended Complaint by Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman, Waldridge.(Schwartz, Ryan)
July 21, 2009 Filing 54 ANSWER to #46 Amended Complaint by Elizabeth (Doe), White, Pollard, Noll, Deputy Edwards, Gram.(Stewart, Mary)
July 21, 2009 Filing 53 ANSWER to #46 Amended Complaint on behalf of Terry Carl and Kenton County by Kenton County, Kentucky Jailer, White, Pollard, Noll, Edwards, Elizabeth (Doe), Gram, Kenton County, Kenton County, Kentucky Jailer.(Nordloh, Christopher)
July 21, 2009 Filing 52 Summons Returned Unexecuted by Cynthia A. Risch as to Robert Weber. (Attachments: #1 Summons Summons Returned Unexecuted for Weber)(O'Hara, Michael)
July 21, 2009 Filing 51 Summons Returned Unexecuted by Cynthia A. Risch as to D.J. Hoffman. (Attachments: #1 Summons Unexecuted Returned Summons for Hoffman)(O'Hara, Michael)
July 15, 2009 Opinion or Order Filing 50 ORDER: This matter is before the court on defendants' motions for more definite statement #38 , #39 and plaintiff's motion for leave to amend the complaint #43 , and plaintiff having now filed an amended complaint #46 as permitted under Fed. R. Civ. P. 15(a)(1), and the court being otherwise sufficiently advised, IT IS ORDERED that the above motions #38 , #39 , #43 be, and are hereby, DENIED AS MOOT. Signed by Judge William O. Bertelsman on 7/15/2009. (JMM)cc: COR
July 9, 2009 Filing 49 Summons Issued as to Elizabeth (Doe), individually and in her official capapcity, Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman, John Doe(s) #1-10, individually and in their official capacity, Dr. Waldridge, Healthpoint Family Care, Inc., Robert Weber, Kenton County, Kentucky Jailer, individually and in his official capacity, Deputy White, individually and in his official capacity, Deputy Pollard, individually and in his official capacity, Deputy Edwards, individually and in his official capacity, Deputy Gram, individually and in his official capacity; issued summons returned to counsel via U.S. Mail (JMM)
July 9, 2009 Filing 48 NOTICE OF FILING by Cynthia A. Risch re #46 Amended Complaint (Attachments: #1 Summons Summons - Healthpoint, #2 Summons Summons - Hoffman -, #3 Summons Summons - Pollard, #4 Summons Pollard - individually, #5 Summons Messer, #6 Summons S. Callihan -, #7 Summons Waldridge, #8 Summons Weber, #9 Summons White, #10 Summons White)(O'Hara, Michael)
July 9, 2009 Filing 47 NOTICE OF FILING by Cynthia A. Risch re #46 Amended Complaint (Attachments: #1 Summons Summons Carl, #2 Summons Carl - individually, #3 Summons Summons - Drees, #4 Summons E Doe - Individually, #5 Summons E. Doe - Officially, #6 Summons Summons - Edwards, #7 Summons Edwards - Individually, #8 Summons Summons - F. Callihan, #9 Summons Summons - Gram, #10 Summons Summons - Gram - individually)(O'Hara, Michael)
July 9, 2009 Filing 46 AMENDED COMPLAINT First Amended Complaint against all defendants, filed by Cynthia A. Risch.(O'Hara, Michael)
July 9, 2009 Filing 45 Summons Returned Unexecuted by Cynthia A. Risch as to Noll. (Attachments: #1 Summons Summons with returned envelope)(O'Hara, Michael)
June 30, 2009 Filing 44 RESPONSE to #43 Motion to Amend Complaint filed by Kenton County, Kenton County, Kentucky Jailer. (Nordloh, Christopher)
June 29, 2009 NOTICE OF DOCKET MODIFICATION TO Michael O'Hara re #42 Response to Motion; Error 1 This is a response AND a motion. The pleading was filed only as a response when the document should be filed as two separate entries. Entry by attorney; Correction: Clerk re-filed the pleading as a Motion #43 . In the future, when filing multiple pleadings within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel as to Error 1. Error 2 attachment was insufficiently described as "Exhibit". Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit (incorrect); Exhibit A - Amended Complaint (correct). No further action required by counsel as to Error 2. cc: COR (JMM)
June 26, 2009 Filing 43 MOTION to Amend #1 Complaint, by Cynthia A. Risch (Attachments: #1 Exhibit A - Amended Complaint, #2 Proposed Order)"FILED pursuant to QC re: #42 ". (JMM)
June 26, 2009 Filing 42 RESPONSE to Motion re #39 JOINT MOTION for More Definite Statement by Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman, Waldridge and Motion to Join Motion for More Definite Statement by Kenton County, Kenton County, Kentucky Jailer, #38 MOTION for More Definite Statement by Kenton County, Kenton County, Kentucky Jailer filed by Cynthia A. Risch. (Attachments: #1 Proposed Order, #2 Exhibit)(O'Hara, Michael)
June 17, 2009 Opinion or Order Filing 41 AGREED ORDER EXTENDING TIME TO RESPOND OR OTHERWISE PLEAD TO #39 JOINT MOTION for More Definite Statement and #38 MOTION for More Definite Statement; 1)Pla to respond or otherwise plead by 6/26/2009. Signed by Judge William O. Bertelsman on 06/11/2009.(LST)cc: COR
June 12, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: #40 Proposed Agreed Order/Stipulation (LST)
June 11, 2009 Filing 40 Proposed Agreed Order/Stipulation Extending Time to Respond for a More Definate Statement by Cynthia A. Risch. (O'Hara, Michael)
June 3, 2009 Filing 39 JOINT MOTION for More Definite Statement by Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman, Waldridge and Motion to Join Motion for More Definite Statement by Kenton County, Kenton County, Kentucky Jailer (Attachments: #1 Proposed Order Granting motion for more definite statement)(Schwartz, Ryan)
June 3, 2009 Filing 38 MOTION for More Definite Statement by Kenton County, Kenton County, Kentucky Jailer (Attachments: #1 Proposed Order)(Nordloh, Christopher)
June 3, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: #37 Proposed Agreed Order/Stipulation (JMM)
June 2, 2009 Attorney Update. Attorney Matthew T. Lockaby for Elizabeth (Doe), White, Pollard, Noll, Deputy Edwards and Gram added. (JMM)
June 2, 2009 Filing 37 Proposed Agreed Order/Stipulation EXTENDING TIME TO ANSWER OR OTHERWISE PLEAD IN RESPONSE TO COMPLAINT by Elizabeth (Doe), Cynthia A. Risch, White, Pollard, Noll, Deputy Edwards, Gram. (Lockaby, Matthew)
May 13, 2009 Filing 36 NOTICE OF FILING by Cynthia A. Risch re #20 Summons Returned Executed Weber (Attachments: #1 Summons Weber, #2 Exhibit Return Postcard - Weber)(O'Hara, Michael)
May 13, 2009 Filing 35 NOTICE OF FILING by Cynthia A. Risch re #19 Summons Returned Executed Waldridge (Attachments: #1 Summons Waldridge, #2 Exhibit Return Postcard - Waldridge)(O'Hara, Michael)
May 13, 2009 Filing 34 NOTICE OF FILING by Cynthia A. Risch re #18 Summons Returned Executed Carl (Attachments: #1 Summons Carl, #2 Exhibit Return Postcard - Carl)(O'Hara, Michael)
May 13, 2009 Filing 33 NOTICE OF FILING by Cynthia A. Risch re #17 Summons Returned Executed Healthpoint (Attachments: #1 Summons Healthpoint, #2 Exhibit Return Postcard - Healthpoint)(O'Hara, Michael)
May 13, 2009 Filing 32 NOTICE OF FILING by Cynthia A. Risch re #16 Summons Returned Executed Hoffman (Attachments: #1 Summons Hoffman, #2 Exhibit Return Postcard - Hoffman)(O'Hara, Michael)
May 13, 2009 Filing 31 NOTICE OF FILING by Cynthia A. Risch re #15 Summons Returned Executed Messer (Attachments: #1 Summons Messer, #2 Exhibit Return Postcard - Messer)(O'Hara, Michael)
May 13, 2009 Filing 30 NOTICE OF FILING by Cynthia A. Risch re #14 Summons Returned Executed F. Callahan (Attachments: #1 Summons F. Callahan, #2 Exhibit Return Postcard - F. Callahan)(O'Hara, Michael)
May 13, 2009 Opinion or Order Filing 29 AGREED ORDER EXTENDING TIME TO ANSWER OR OTHERWISE PLEAD IN RESPONSE TO THE COMPLAINT: Plaintiff, through the undersigned counsel, and Defendants F. Callahan, S. Callihan, D.J. Hoffman, S. Messer, and Dr. Waldridge, through counsel, jointly tender this Agreed Order pursuant to LR 7.1(b) extending the time for these Defendants to answer or otherwise plead in response to the complaint until June 22, 2009. Counsel for the parties have conferred and agree that this extension of time is sufficient to allow an informed review of the complaint and facts surrounding the allegations in the complaint prior to answering those allegations. The extension of time is not prejudicial to the Plaintiff or any party Defendant in this case and is not entered into for the purpose of delay. Signed by Judge William O. Bertelsman on 5/12/2009.(JMM)cc: COR
May 13, 2009 Filing 28 NOTICE OF FILING by Cynthia A. Risch re #13 Summons Returned Executed S. Callihan (Attachments: #1 Summons S. Callihan, #2 Exhibit Return Postcard - S. Callihan)(O'Hara, Michael)
May 13, 2009 Filing 27 NOTICE OF FILING by Cynthia A. Risch re #12 Summons Returned Executed Gram (Attachments: #1 Summons Gram, #2 Exhibit Return Postcard - Gram)(O'Hara, Michael)
May 13, 2009 Filing 26 NOTICE OF FILING by Cynthia A. Risch re #11 Summons Returned Executed Edwards (Attachments: #1 Summons Edwards, #2 Exhibit Return Postcard - Edwards)(O'Hara, Michael)
May 13, 2009 Filing 25 NOTICE OF FILING by Cynthia A. Risch re #10 Summons Returned Executed Noll (Attachments: #1 Summons Noll, #2 Exhibit Return Postcard - Noll)(O'Hara, Michael)
May 13, 2009 Filing 24 NOTICE OF FILING by Cynthia A. Risch re #9 Summons Returned Executed Pollard (Attachments: #1 Summons Summons - Pollard, #2 Exhibit Return Postcard - Pollard)(O'Hara, Michael)
May 13, 2009 Filing 23 NOTICE OF FILING by Cynthia A. Risch re #8 Summons Returned Executed White (Attachments: #1 Summons Summons - White, #2 Exhibit Return Postcard - White)(O'Hara, Michael)
May 13, 2009 Filing 22 NOTICE OF FILING by Cynthia A. Risch re #7 Summons Returned Executed Drees (Attachments: #1 Summons Summons - Drees, #2 Exhibit Return postcard - Drees)(O'Hara, Michael)
May 12, 2009 NOTICE OF DEFICIENCY TO Michael O'Hara re D.E. #7 - #20 Summons Returned Executed; Error: The Summonses Returned Executed were attached as the Main Documents without the certified mail receipt attached which states the method of service. within 3 business days, file the summons [issued by the clerk] [with the certified mail receipt attached] which states the method of service, as an electronic attachment to a document entitled Notice of Filing with a certificate of service within 3 business days. cc: COR (JMM)
May 12, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: #21 Proposed Agreed Order/Stipulation (JMM)
May 11, 2009 Attorney Update. Attorney Robert Franklin Duncan for Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman and Waldridge, Ryan A. Schwartz for Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman and Waldridge added. (JMM)
May 11, 2009 Filing 21 Proposed Agreed Order/Stipulation Extending Time to Answer or Otherwise Plead in Response to Complaint by Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman, Waldridge. (Schwartz, Ryan)
May 11, 2009 Filing 20 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Robert Weber served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 19 SUMMONS Returned Executed by Cynthia A. Risch via Certified mail to Waldridge served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card) (JMM).
May 11, 2009 Filing 18 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Kenton County, Kentucky Jailer served on 4/24/2009, answer due 6/22/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 17 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Healthpoint Family Care, Inc. served on 4/29/2009, answer due 5/19/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card) (JMM).
May 11, 2009 Filing 16 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to D.J. Hoffman served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 15 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to S. Messer served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 14 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to F. Callahan served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 13 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Shawnee Callihan served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card) (JMM).
May 11, 2009 Filing 12 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Gram served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 11 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Deputy Edwards served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card) (JMM).
May 11, 2009 Filing 10 SUMMONS Returned Executed by Cynthia A. Risch via Certified mail to Noll served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 9 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to Pollard served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 8 SUMMONS Returned Executed by Cynthia A. Risch via Certified Mail to White served on 4/24/2009, answer due 5/14/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 11, 2009 Filing 7 SUMMONS Returned Executed by Kenton County via Certified Mail to Kenton County served on 4/24/2009, answer due 6/22/2009. (O'Hara, Michael) (Additional attachment(s) added on 5/14/2009: #1 certified receipt of green card) (JMM). Modified on 5/14/2009 (to attach green card)(JMM).
May 8, 2009 Opinion or Order Filing 6 AGREED ORDER EXTENDING TIME TO ANSWER OR OTHERWISE PLEAD: Plantiff, through the undersigned counsel, and Defendants Kenton County and Terry Carl, through counsel, jointly tenders this Agreed order pursuant to LR 7.1(b) extending the time for these Defendants to answer or otherwise plead in response to the complaint until June 22, 2009. Counsel for the parties have conferred and agree that this extension of time is sufficient to allow an informed review of the complaint and facts surrounding the allegations in the complaint prior to answering those allegations. The extension of time is not prejudicial to the Plaintiff or any party Defendant in this case and is not entered into for the purpose of delay. Signed by Judge William O. Bertelsman on 5/8/2009.(JMM)cc: COR
May 6, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: #5 Proposed Agreed Order/Stipulation (JMM)
May 5, 2009 Filing 5 Proposed Agreed Order/Stipulation Extending Time to Answer or Otherwise Plead in Response to Complaint by Kenton County, Kenton County, Kentucky Jailer. (Nordloh, Christopher)
April 21, 2009 Filing 4 Summons Issued as to Dr. Waldridge and Kenton County, Kentucky Jailer; issued summons returned to counsel via U.S. MAIL (JMM)
April 21, 2009 Filing 3 NOTICE OF FILING by Cynthia A. Risch re #1 Complaint, (Attachments: #1 Summons Carl Summons, #2 Summons Waldridge Summons)(O'Hara, Michael)
April 20, 2009 Conflict Check run. (JMM)
April 18, 2009 Filing 2 Summons Issued as to Shawnee Callihan, F. Callahan, S. Messer, D.J. Hoffman, Healthpoint Family Care, Inc., Robert Weber, Kenton County, Deputy White, Deputy Pollard, Deputy Noll, Deputy Edwards, Deputy Gram; issued summons returned to counsel via U.S. MAIL (JMM)
April 18, 2009 Filing 1 COMPLAINT ( Filing fee $350; receipt number 1463984), filed by Cynthia A. Risch. (Attachments: #1 Summons Kenton County, #2 Summons Deputy White, #3 Summons Deputy Pollard, #4 Summons Deputy Noll, #5 Summons Deputy Edwards, #6 Summons Deputy Gram, #7 Summons Shawnee Callihan, #8 Summons F. Callahan, #9 Summons S. Messer, #10 Summons D.J. Hoffman, #11 Summons Healthpoint Family Care, Inc., #12 Summons Robert Weber, M.D., #13 Case Assignment Sheet)(JMM)

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Search for this case: Risch v. Kenton County et al
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Defendant: Dr. Isaac P. Thomas
Represented By: Barry F. Fagel
Represented By: Michael F. Lyon
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Defendant: Kenton County, Kentucky Jailer Terry Carl
Represented By: Christopher Scott Nordloh
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Defendant: Deputy Joy White
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Deputy Barbara Edwards
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Deputy MaryAnn Graham
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Dr. Ronald Waldridge
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Defendant: Deputy Elizabeth Bueke
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Isaac
Represented By: Barry F. Fagel
Represented By: Michael F. Lyon
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Defendant: Healthpoint Family Care, Inc.
Represented By: Thomas Lee Gentry
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Defendant: Dr. Mark Boyd
Represented By: Michael William Westling
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Defendant: Deborah J. Hoffman
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Defendant: White
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Deputy Noll
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: M.D. Robert Weber
Represented By: Thomas Lee Gentry
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Defendant: Gram
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Waldridge
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Defendant: Saint Elizabeth Medical Center, Inc.
Represented By: Cathy L. Stickels
Represented By: Michael William Westling
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Defendant: Fayma Callahan
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Defendant: R.N. Todd Collins
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Defendant: Southern Health Partners, Inc.
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Defendant: John Doe(s)
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Defendant: Elizabeth
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Dr. Suzanne Kress
Represented By: Michael William Westling
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Defendant: Deputy Kim Thoman
Represented By: Louis D. Kelly
Represented By: Mary Ann Stewart
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Defendant: Deputy Pollard
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Deputy Margie Moll
Represented By: Louis D. Kelly
Represented By: Mary Ann Stewart
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Defendant: Dr. Frank Giese
Represented By: Michael F. Lyon
Represented By: Barry F. Fagel
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Defendant: Kenton County
Represented By: Christopher Scott Nordloh
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Defendant: Dr. Scott Jones
Represented By: Michael William Westling
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Defendant: USA
Represented By: Anna R. Gwinn
Represented By: Thomas Lee Gentry
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Defendant: Shawnee Callihan
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Defendant: Dr. Linda Hermiller
Represented By: Michael William Westling
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Defendant: Dr. Mary Ann Barnes
Represented By: Michael William Westling
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Defendant: Deputy Edwards
Represented By: Louis D. Kelly
Represented By: Matthew T. Lockaby
Represented By: Mary Ann Stewart
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Defendant: Dr. Bethany Lucas
Represented By: Michael William Westling
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Defendant: Dr. Angel Velazquez
Represented By: Michael William Westling
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Defendant: Deven Rodriguez
Represented By: Robert Franklin Duncan
Represented By: Ryan A. Schwartz
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Plaintiff: Cynthia A. Risch
Represented By: Michael A. O'Hara
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Not yet classified: Edwards
Represented By: Matthew T. Lockaby
Represented By: Christopher Scott Nordloh
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