Healthcall of Detroit, Incorporated v. State Farm Mutual Automobile Insurance Company
Plaintiff: Healthcall of Detroit, Incorporated
Defendant: State Farm Mutual Automobile Insurance Company
Garnishee: JP Morgan Chase Bank, NA
Case Number: 2:2005cv74434
Filed: November 21, 2005
Court: US District Court for the Eastern District of Michigan
Presiding Judge: R Steven Whalen
Nature of Suit: Insurance
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 3, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2011 Opinion or Order Filing 195 ORDER from U.S. Court of Appeals - Sixth Circuit re #157 Notice of Appeal filed by State Farm Mutual Automobile Insurance Company - Disposition: It is ORDERED that the case is dismissed pursuant to 42(b), Federal Rules of Appellate Procedure. [Appeal Case Number 09-1673]. (CGre)
June 25, 2010 Opinion or Order Filing 194 AMENDED JUDGMENT in favor of Plaintiff against Defendant. Judgment in the amount of $1,900,593.13. Signed by Magistrate Judge R. Steven Whalen. (GWil)
June 25, 2010 Opinion or Order Filing 193 ORDER granting #192 Motion to Amend/Correct. Signed by Magistrate Judge R. Steven Whalen. (GWil)
June 15, 2010 Opinion or Order Filing 192 Joint MOTION to Amend/Correct #155 Judgment by Healthcall of Detroit, Incorporated, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Interest Calculation, #3 Exhibit B - 6/15/2010 Order (6th Circuit Case No. 09-1673)) (Ziff, Brian)
June 15, 2010 Opinion or Order Filing 191 ATTORNEY APPEARANCE: Stacey L. Heinonen appearing on behalf of State Farm Mutual Automobile Insurance Company (Heinonen, Stacey)
June 15, 2010 Opinion or Order Filing 190 ORDER from U.S. Court of Appeals - Sixth Circuit re #157 Notice of Appeal filed by State Farm Mutual Automobile Insurance Company - Disposition: The motion for leave to file the Rule 60(a) motion in the district court is GRANTED. This matter is remanded to the district court, with retention of jurisdiction in this court, for a limited purposed of addressing the Rule 60(a) motion. [Appeal Case Number 09-1673]. (CGre)
August 7, 2009 Opinion or Order Filing 189 NOTICE of Withdrawal of Attorney Sarah M. Shaver by Healthcall of Detroit, Incorporated. (Shaver, Sarah)
July 31, 2009 Opinion or Order Filing 188 Supersedeas BOND in the amount of $3,000,000.00 posted by State Farm Mutual Automobile Insurance Company (PMil)
July 17, 2009 Opinion or Order Filing 187 Notice of Filing Transcript. (Twedt, R)
July 17, 2009 Opinion or Order Filing 186 TRANSCRIPT of Jury Trial Volume 5B held on 09/19/2008. (Court Reporter: Rene L Twedt) (Number of Pages: 67) (Appeal Purposes) Redaction Request due 8/7/2009. Redacted Transcript Deadline set for 8/17/2009. Release of Transcript Restriction set for 10/15/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter at 313-963-0837 before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R)
July 13, 2009 Opinion or Order Filing 185 Notice of Filing Transcript. (Coleman, J.)
July 13, 2009 Opinion or Order Filing 184 TRANSCRIPT of Trial - Volume 4 held on September 18, 2008. (Court Reporter/Transcriber: Janice Coleman) (Number of Pages: 191) (Appeal Purposes) Redaction Request due 8/3/2009. Redacted Transcript Deadline set for 8/13/2009. Release of Transcript Restriction set for 10/13/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Coleman, J.)
July 9, 2009 Opinion or Order Filing 183 ORDER granting #165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto filed by State Farm Mutual Automobile Insurance Company, granting #170 MOTION to Quash Garnishment and/or For Stay of Proceedings; Brief In Support of Motion filed by State Farm Mutual Automobile Insurance Company, granting #163 Objection to Garnishment, filed by State Farm Mutual Automobile Insurance Company and granting #162 Objection to Garnishment filed by State Farm Mutual Automobile Insurance Company. Signed by Magistrate Judge R. Steven Whalen. (ATee)
July 9, 2009 Opinion or Order Minute Entry -Motion Hearing held on 7/9/2009 re #165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto filed by State Farm Mutual Automobile Insurance Company before Magistrate Judge R. Steven Whalen. Disposition: granted (Tape #RSW 7/9/09) (EBut)
July 2, 2009 Opinion or Order Filing 182 SUR-REPLY re #165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto, #170 MOTION to Quash Garnishment and/or For Stay of Proceedings; Brief In Support of Motion filed by Healthcall of Detroit, Incorporated. (Ziff, Brian)
July 2, 2009 Opinion or Order Filing 181 ORDER granting #178 Motion. Signed by Magistrate Judge R. Steven Whalen. (SJef)
July 1, 2009 Opinion or Order Filing 180 Notice of Filing Transcript. (Sapala, C)
July 1, 2009 Opinion or Order Filing 179 TRANSCRIPT of Jury Trial held on 9-16-2008. (Court Reporter: Carol S. Sapala) (Number of Pages: 209) (Appeal Purposes) Redaction Request due 7/22/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/29/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter @ 313.961.7552 before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Sapala, C)
July 1, 2009 Opinion or Order Filing 178 Ex Parte MOTION for Leave to File Sur-Reply Brief by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - Proposed Sur-Reply Brief) (Ziff, Brian)
June 24, 2009 Opinion or Order Filing 177 Notice of Filing Transcript. (Matthews, N)
June 24, 2009 Opinion or Order Filing 176 TRANSCRIPT of JURY TRIAL (VOLUME 5A) held on September 15, 2008. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 65) (Appeal Purposes) Redaction Request due 7/15/2009. Redacted Transcript Deadline set for 7/27/2009. Release of Transcript Restriction set for 9/22/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N)
June 24, 2009 Opinion or Order Filing 175 VOIR DIRE TRANSCRIPT held on September 15, 2008. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 92) (Appeal Purposes) Transcript may be viewed at the court public terminal or parties may purchase the transcript from the Court Reporter/Transcriber. (Matthews, N)
June 24, 2009 Opinion or Order Filing 174 REPLY to Response re #165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto, #170 MOTION to Quash Garnishment and/or For Stay of Proceedings; Brief In Support of Motion as Amended filed by State Farm Mutual Automobile Insurance Company. (Hewson, James)
June 24, 2009 Opinion or Order Filing 173 REPLY to Response re #165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto, #170 MOTION to Quash Garnishment and/or For Stay of Proceedings; Brief In Support of Motion filed by State Farm Mutual Automobile Insurance Company. (Hewson, James)
June 24, 2009 Opinion or Order Filing 172 NOTICE of hearing on #165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto, #170 MOTION to Quash Garnishment and/or For Stay of Proceedings; Brief In Support of Motion. Motion Hearing set for 7/9/2009 10:00 AM before Magistrate Judge R. Steven Whalen. (SJef)
June 16, 2009 Opinion or Order Filing 171 RESPONSE to #165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto, #170 MOTION to Quash Garnishment and/or For Stay of Proceedings; Brief In Support of Motion filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Amended Judgment (4/14/2009), #3 Exhibit B - Judgment (9/22/2008), #4 Exhibit C - Hearing Transcript (1/21/2009), #5 Exhibit D - Order (1/21/2009), #6 Exhibit E - Order (Case No. 08-1981, 6th Cir. 12/17/2008), #7 Exhibit F - Notice of Appeal (5/12/2009)) (Ziff, Brian)
June 12, 2009 Opinion or Order Filing 170 MOTION to Quash Garnishment and/or For Stay of Proceedings; Brief In Support of Motion by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Supersedeas Bond, #3 Exhibit 2 - Letter, Hewson to JPMorgan Chase Bank, NA - Legal Dept. dated 6/2/09) (Hewson, James)
June 12, 2009 Opinion or Order Filing 169 Notice of Filing Transcript. (DiBartolomeo, R.)
June 12, 2009 Opinion or Order Filing 168 TRANSCRIPT of Jury Trial held on September 17, 2008. (Court Reporter: Ronald A. DiBartolomeo) (Number of Pages: 181) (Appeal Purposes) Redaction Request due 7/6/2009. Redacted Transcript Deadline set for 7/13/2009. Release of Transcript Restriction set for 9/10/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter Ronald A. DiBartolomeo, 313-962-1234, before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (DiBartolomeo, R.)
June 12, 2009 Opinion or Order Court Reporter Acknowledgment of Transcript Order Form received on June 9, 2009. Transcript for court proceeding held on: September 17, 2008. Estimated transcript completion date: July 9, 2009. Estimated number of pages: 181. Payment arrangements were made on June 9, 2009. (DiBartolomeo, R.)
June 5, 2009 Opinion or Order Filing 166 GARNISHEE disclosure by JP Morgan Chase Bank, NA admitting liability as to State Farm Mutual Automobile Insurance Company. (JCre)
June 5, 2009 Opinion or Order Court Reporter Acknowledgment of Transcript Order Form received on June 3, 2009. Transcript for court proceeding held on: September 15, 2008 and September 19, 2008. Estimated transcript completion date: July 17, 2009. Estimated number of pages: 137. Payment arrangements were made on June 3, 2009. (Matthews, N)
June 4, 2009 Opinion or Order Filing 165 MOTION for Bond Approval and For Stay of Proceedings Pursuant Thereto; Brief In Support of Motion to Approve Bond and For Stay of Proceedings Pursuant Thereto by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Supersedeas Bond, #3 Exhibit 2 - Interest Rates for Money Judgments Under M.C.L. 600.6013) (Hewson, James)
June 4, 2009 Opinion or Order Court Reporter Acknowledgment of Transcript Order Form received on May 29, 2009. Transcript for court proceeding held on: jury trial proceedings. Estimated transcript completion date: July 20, 2009. Estimated number of pages: 200. Payment arrangements were made on June 4, 2009. (Sapala, C)
June 2, 2009 Opinion or Order Filing 164 CERTIFICATE OF SERVICE by State Farm Mutual Automobile Insurance Company re #163 Objection to Garnishment, #162 Objection to Garnishment (Hewson, James)
June 2, 2009 Opinion or Order Filing 163 OBJECTION by State Farm Mutual Automobile Insurance Company to #161 Writ of Garnishment Issued. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Stipulation and Order for Substitution of Counsel, #3 Exhibit 2 - Opinion and Order Re: Attorney Fees) (Hewson, James)
June 2, 2009 Opinion or Order Filing 162 OBJECTION by State Farm Mutual Automobile Insurance Company to #161 Writ of Garnishment Issued. (Hewson, James)
June 2, 2009 Opinion or Order Court Reporter Acknowledgment of Transcript Order Form received on May 28, 2009. Transcript for court proceeding held on: September 18, 2008. Estimated transcript completion date: July 15, 2009. Estimated number of pages: 185. Payment arrangements were made on June 1, 2009. (Coleman, J.)
June 1, 2009 Opinion or Order Court Reporter Acknowledgment of Transcript Order Form received on 06/01/2009. Transcript for court proceeding held on: 09/19/2008. Estimated transcript completion date: 07/14/2009. Estimated number of pages: 70. Payment arrangements were made on 06/01/2009. (Twedt, Rene - (313)963-0837)
May 22, 2009 Opinion or Order Filing 167 Non-Periodic WRIT of garnishment issued as to State Farm Mutual Automobile Insurance Company and garnishee JP Morgan Chase Bank, NA. (DEld)
May 20, 2009 Opinion or Order Filing 160 NOTICE of Withdrawal of Attorney Raymond John Williams, III by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
May 18, 2009 Opinion or Order Filing 161 Non Periodic WRIT of garnishment issued as to State Farm Mutual Automobile Insurance Company and garnishee JP Morgan Chase Bank, NA. (DEld)
May 12, 2009 Opinion or Order Filing 158 Certificate of Service re #157 Notice of Appeal. (PMil)
May 12, 2009 Opinion or Order Filing 157 NOTICE OF APPEAL by State Farm Mutual Automobile Insurance Company. Receipt No: 06450000000001984586 - Fee: $ 455 - Fee Status: Fee Paid. (Williams, Raymond)
April 15, 2009 Opinion or Order Filing 156 TRANSCRIPT of Jury Trial held on Sept. 17, 2008. (Court Reporter: Ronald A. DiBartolomeo) (Number of Pages: 181) Redaction Request due 5/6/2009. Redacted Transcript Deadline set for 5/18/2009. Release of Transcript Restriction set for 7/14/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter Ronald A. DiBartolomeo, 313-962-1234, before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (DiBartolomeo, R.)
April 14, 2009 Opinion or Order Filing 155 AMENDED JUDGMENT in favor of Plaintiff against Defendant. Judgment in the amount of $ 2,323,189.76. Signed by Magistrate Judge R. Steven Whalen. (SJef)
April 13, 2009 Opinion or Order Filing 154 OPINION and ORDER re #141 MOTION for Order Clearing or Determining Prior Counsel's Lien, #134 MOTION for Attorney Fees Pursuant to MCL 500.3148(2) MOTION for Attorney Fees Pursuant to MCL 500.3148(2), #133 MOTION for Attorney Fees , Penalty Interest, and Prejudgment Interest Signed by Magistrate Judge R. Steven Whalen. (GWil)
January 21, 2009 Opinion or Order Filing 153 ORDER denying #147 Motion for Sanctions. Signed by Magistrate Judge R. Steven Whalen. (GWil)
January 21, 2009 Opinion or Order Filing 152 ORDER denying #135 Motion for Judgment. Signed by Magistrate Judge R. Steven Whalen. (GWil)
January 21, 2009 Opinion or Order Minute Entry -Motion Hearing held on 1/21/2009 re #147 MOTION for Sanctions Pursuant to Fed.R.Civ.P. Rule 11 filed by State Farm Mutual Automobile Insurance Company- DENIED, #133 MOTION for Attorney Fees , Penalty Interest, and Prejudgment Interest filed by Healthcall of Detroit, Incorporated - TAKEN UNDER ADVISEMENT, #135 MOTION for Judgment as a Matter of Law, New Trial, and/or Remittitur, and, alternatively, for Certification of Issue to the Michigan Supreme Court filed by State Farm Mutual Automobile Insurance Company - DENIED, #141 MOTION for Order Clearing or Determining Prior Counsel's Lien filed by Healthcall of Detroit, Incorporated - TAKEN UNDER ADVISEMENT, #134 MOTION for Attorney Fees Pursuant to MCL 500.3148(2) MOTION for Attorney Fees Pursuant to MCL 500.3148(2) filed by State Farm Mutual Automobile Insurance Company - TAKEN UNDER ADVISEMENT, before Magistrate Judge R. Steven Whalen. (Court Reporter G. Wilson) (Tape #01212009) (GWil)
December 30, 2008 Opinion or Order Filing 151 NOTICE of hearing on #147 MOTION for Sanctions Pursuant to Fed.R.Civ.P. Rule 11, #133 MOTION for Attorney Fees , Penalty Interest, and Prejudgment Interest, #135 MOTION for Judgment as a Matter of Law, New Trial, and/or Remittitur, and, alternatively, for Certification of Issue to the Michigan Supreme Court, #141 MOTION for Order Clearing or Determining Prior Counsel's Lien, #134 MOTION for Attorney Fees Pursuant to MCL 500.3148(2) MOTION for Attorney Fees Pursuant to MCL 500.3148(2). Motion Hearing set for 1/21/2009 09:30 AM before Magistrate Judge R. Steven Whalen. (GWil)
December 8, 2008 Opinion or Order Filing 150 NOTICE of Correction re #149 Transcript. (JHer)
December 8, 2008 Opinion or Order Filing 149 [ERROR- FILED IN WRONG CASE] TRANSCRIPT of Motion hearing held on 10/31/2008. (Court Reporter/Transcriber: Marie Metcalf) (Number of Pages: 63) Redaction Request due 12/29/2008. Redacted Transcript Deadline set for 1/8/2009. Release of Transcript Restriction set for 3/9/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Metcalf, M) Modified on 12/8/2008 (JHer).
December 4, 2008 Opinion or Order Filing 148 RESPONSE to #147 MOTION for Sanctions Pursuant to Fed.R.Civ.P. Rule 11 filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Erickson's Flooring & Supply Co., Inc. v. Tembec, Inc., No. 03-74214, 2007 U.S. Dist. LEXIS 22754 (E.D. Mich March 29, 2007), #3 Exhibit B - Excerpt, September 18, 2008 Trial Transcript, #4 Exhibit C - Excerpt, September 19, 2008 Trial Transcript, #5 Exhibit D - Brian Ziff Affidavit) (Ziff, Brian)
November 20, 2008 Opinion or Order Filing 147 MOTION for Sanctions Pursuant to Fed.R.Civ.P. Rule 11 by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Medical Care Coordinators Report, #3 Exhibit 2 - Szirtes Letter - June 29, 2005, #4 Exhibit 3 - James Graham Dep, #5 Exhibit 4 - Aronoff Letter re withdraw 04-05 bills, #6 Exhibit 5 - Jury Verdict Form, #7 Exhibit 6 - Nurse's Notes, #8 Exhibit 7 - HHA timesheets '04-'05, #9 Exhibit 8 - March 10, 2005 docs, #10 Exhibit 9 - April 13-15, 2005 docs, #11 Exhibit 10 - LPN Notes 9-10-04, #12 Exhibit 11 - Joel Szirtes Deposition, #13 Exhibit 12 - S. Szirtes Deposition, #14 Exhibit 13 - Nurse Barrow Deposition, #15 Exhibit 14 - P. Moore letter of June 28, 2005, #16 Exhibit 15 - P. Moore Deposition, #17 Exhibit 16 - Childs v. State Farm) (Williams, Raymond)
November 5, 2008 Opinion or Order Filing 146 REPLY to Response re #141 MOTION for Order Clearing or Determining Prior Counsel's Lien filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Blackmore v. Misner, #3 Exhibit B - Letters to Client, #4 Exhibit C - Excerpt of J. Szirtes Deposition Transcript, #5 Exhibit D - Excerpt of J. Wallace Deposition Transcript) (Shaver, Sarah)
October 31, 2008 Opinion or Order Filing 145 RESPONSE to #141 MOTION for Order Clearing or Determining Prior Counsel's Lien filed by Christopher Trainor & Associates filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Letter dated Oct 22, 2008 re Bill for Services, #3 Exhibit B - Retainer Agreement for Legal Services) (Trainor, Christopher)
October 28, 2008 Opinion or Order Filing 144 REPLY to Response re #135 MOTION for Judgment as a Matter of Law, New Trial, and/or Remittitur, and, alternatively, for Certification of Issue to the Michigan Supreme Court filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Service Notification) (Williams, Raymond)
October 21, 2008 Opinion or Order Filing 143 RESPONSE to #135 MOTION for Judgment as a Matter of Law, New Trial, and/or Remittitur, and, alternatively, for Certification of Issue to the Michigan Supreme Court filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Verdict Form, #3 Exhibit B - Excerpt, September 18, 2008 Trial Transcript, #4 Exhibit C - Miller v. Lazo Holding Co., No. 03-CV-74954-DT, 2006 U.S. Dist. LEXIS 24288 (E.D.Mich., March 23, 2006), #5 Exhibit D - Excerpt, September 8, 2008 Trial Transcript, #6 Exhibit E - Hall v. Green, No. 276667, 2008 Mich. App. LEXIS 1271 (Mich. Ct. App. June 17, 2008), #7 Exhibit F - Moore v. Tennessee, No. 06-6148, 2008 U.S. App. LEXIS 4960 (6th Cir. 2008), #8 Exhibit G - Excerpt, September 18, 2008, Trial Transcript Testimony of J. Szirtes, #9 Exhibit H - Chappel v. Auto-Owners Ins. Co., No. 260561, 2006 Mich. App. LEXIS 2936 (Mich. Ct. App. Oct. 3, 2006)) (Ziff, Brian)
October 21, 2008 Opinion or Order TEXT-ONLY ORDER GRANTING re #142 Application for Enlargement of Page Length filed by Healthcall of Detroit, Incorporated. Signed by Magistrate Judge R. Steven Whalen. (GWil)
October 20, 2008 Opinion or Order Filing 142 APPLICATION Ex Parte for Enlargement of Page Length under LR 7.1(c)(3)(A) by Healthcall of Detroit, Incorporated. (Ziff, Brian)
October 17, 2008 Opinion or Order Filing 141 MOTION for Order Clearing or Determining Prior Counsel's Lien by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Termination Letter, #3 Exhibit B - Trainor Lien, #4 Exhibit C - Retainer Agreement) (Ziff, Brian)
October 17, 2008 Opinion or Order Filing 140 REPLY to Response re #134 MOTION for Attorney Fees Pursuant to MCL 500.3148(2) MOTION for Attorney Fees Pursuant to MCL 500.3148(2) filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Orders re Attorney Fee Awards) (Williams, Raymond)
October 15, 2008 Opinion or Order Filing 139 REPLY to Response re #133 MOTION for Attorney Fees , Penalty Interest, and Prejudgment Interest filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpt of September 19, 2008 Transcript, #3 Exhibit B - Blue Ridge Energy v Burke, #4 Exhibit C - Blaszczyk v Liberty Mut. Fire Ins. Co., #5 Exhibit D - Verdict Form) (Shaver, Sarah)
October 10, 2008 Opinion or Order Filing 138 RESPONSE to #134 MOTION for Attorney Fees Pursuant to MCL 500.3148(2) MOTION for Attorney Fees Pursuant to MCL 500.3148(2) filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpt from 9/19/08 Transcript, #3 Exhibit B - Blackmore v. Misner, #4 Exhibit C - Johnson v. Farmers, #5 Exhibit D - Hough v. State Farm Ins. Co.) (Ziff, Brian)
October 8, 2008 Opinion or Order Filing 137 RESPONSE to #133 MOTION for Attorney Fees , Penalty Interest, and Prejudgment Interest filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Medical Care Coordinators Report, #3 Exhibit 2 - S. Szirtes Letter, #4 Exhibit HHA Timesheets '04-'05, #5 Exhibit 4 - Surveillance Report, #6 Index of Exhibits 5 - LPN notes 5-16-05 to 6-16-05, #7 Exhibit 6 - Vannie Greer Deposition, #8 Exhibit 7 - Sandford Szirtes Deposition, #9 Exhibit 8 - P. Moore Letter dated June 28, 2005, #10 Exhibit 9 - P. Moore Deposition, #11 Exhibit 10 - HHA Dutysheets Dec 1-7, 2005) (Williams, Raymond)
October 8, 2008 Opinion or Order TEXT-ONLY ORDER GRANTING re #136 Ex Parte MOTION for Leave to File Excess Pages filed by State Farm Mutual Automobile Insurance Company. Signed by Magistrate Judge R. Steven Whalen. (GWil)
October 7, 2008 Opinion or Order Filing 136 Ex Parte MOTION for Leave to File Excess Pages by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
October 7, 2008 Opinion or Order Filing 135 MOTION for Judgment as a Matter of Law, New Trial, and/or Remittitur, and, alternatively, for Certification of Issue to the Michigan Supreme Court by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Burlingame v. Sears, Roebuck, & Co., #3 Exhibit 2 - Hearing transcript 9-8-08, #4 Exhibit 3 - IEP Report, #5 Exhibit 4 - Dr. Hack Letter 11-7-06, #6 Exhibit 5 - Plaintiff's Trial Ex. 6 (Rx's for Vincent Ross)) (Williams, Raymond)
September 26, 2008 Opinion or Order Filing 134 MOTION for Attorney Fees Pursuant to MCL 500.3148(2) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Index of Exhibits 1 - Robinson v. Allstate, #3 Exhibit 2 - Stoops v. Farm Bureau Ins. Co., #4 Exhibit 3 - Defendant's Invoice for Attorney Fees & Costs) (Williams, Raymond)
September 25, 2008 Opinion or Order Filing 133 MOTION for Attorney Fees , Penalty Interest, and Prejudgment Interest by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Verdict Form, #3 Exhibit B - Judgment, #4 Exhibit C- Calculation of Total Damages, #5 Exhibit D- Blaszczyk v. Liberty Mut. Fire Ins. Co., No. 275553, 2008 Mich. App. LEXIS 971 (Mich. Ct. App. May 13, 2008), #6 Exhibit E - Citizens Ins. Co. Am. v. KIC Chems., Inc., No. 1:04-CV-385, 2007 U.S.Dist. LEXIS 73201 (W.D.Mich. Oct. 1, 2007), #7 Exhibit F - Burnett v. Quest Diagnostics, Inc., No. 02-CV-73592-DT, 2005 U.S.Dist.LEXIS 13370 (E.D.Mich. Apr. 21, 2005), #8 Exhibit G - Clark Hill Redacted Invoices, #9 Exhibit H - 2003 Economics of Law Report, #10 Exhibit I - Affidavit of Brian M. Ziff, #11 Exhibit J - Antonio L. Thomas v. La Van Hawkins & Urban City Foods, No. 271031, 2008 Mich. App. LEXIS 8 (Mich. Ct. App. Jan. 3, 2008), #12 Exhibit K - Garber v. Shiner Enters., No. 06-CV-646, 2007 U.S.Dist. LEXIS 93889 (W.D.Mich. Dec. 21, 2007), #13 Exhibit L - Paragon Mktg. Group, L.L.C. v. Nadair, No. 03-70202, 2007 U.S.Dist. LEXIS 60753 (E.D. Mich. Aug. 20, 2007), #14 Exhibit M - Moore v. Cycon Enters., No. 1:04-CV-800, 2007 U.S.Dist. LEXIS 58713 (W.D. Mich. Aug. 10, 2007), #15 Exhibit N - Chirco v. Crosswinds Cmtys., Inc., No. 03-CV-74600-DT, 2007 U.S.Dist. LEXIS 41643 (E.D.Mich. Aug. 19, 2005), #16 Exhibit O - Proposed Judgment) (Ziff, Brian)
September 22, 2008 Opinion or Order Filing 132 SEALED Jury Verdict Form. (SSro)
September 22, 2008 Opinion or Order Filing 131 JUDGMENT in favor of Plaintiff against Defendant. Judgment in the amount of $ *1,066,159.97* with interest. Signed by Magistrate Judge R. Steven Whalen. (DEld)
September 22, 2008 Opinion or Order Filing 130 JURY VERDICT FORM (JCre)
September 22, 2008 Opinion or Order Filing 129 Sealed Matter (JCre)
September 19, 2008 Opinion or Order Minute Entry -JURY VERDICT before Magistrate Judge R. Steven Whalen. (Court Reporter Rene Twedt) (SJef)
September 19, 2008 Opinion or Order Minute Entry -Jury Deliberation before Magistrate Judge R. Steven Whalen. (Tape #Rene Twedt) (SJef)
September 19, 2008 Opinion or Order Minute Entry -Jury Trial held on 9/19/2008 before Magistrate Judge R. Steven Whalen. (Court Reporter Jodi Matthews/Rene Twedt) (SJef)
September 18, 2008 Opinion or Order Minute Entry -Jury Trial held on 9/18/2008 before Magistrate Judge R. Steven Whalen. (Court Reporter Janice Coleman) (SJef)
September 17, 2008 Opinion or Order Minute Entry -Jury Trial held on 9/17/2008 before Magistrate Judge R. Steven Whalen. (Court Reporter Ron DiBartolomeo) (SJef)
September 16, 2008 Opinion or Order Minute Entry -Jury Trial begun on 9/16/2008 before Magistrate Judge R. Steven Whalen. (Court Reporter Carol Sapala) (SJef)
September 15, 2008 Opinion or Order Filing 128 CORRECTED ORDER re #116 MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee filed by State Farm Mutual Automobile Insurance Company. Reflecting Magistrate Judge R. Steven Whalen's signature Signed by Magistrate Judge R. Steven Whalen. (SJef)
September 15, 2008 Opinion or Order Filing 127 ORDER denying #123 Motion to Strike. Signed by Magistrate Judge R. Steven Whalen. (SJef)
September 15, 2008 Opinion or Order Filing 126 ORDER denying #116 Motion in Limine. Signed by Magistrate Judge R. Steven Whalen. (SJef)
September 15, 2008 Opinion or Order Filing 125 TRIAL BRIEF by Healthcall of Detroit, Incorporated (Attachments: #1 Exhibit Damages Exhibit) (Green, Jennifer)
September 15, 2008 Opinion or Order Minute Entry -Voir Dire concluded on 9/15/2008 before Magistrate Judge R. Steven Whalen. (Court Reporter Jody Matthew) (SJef)
September 15, 2008 Opinion or Order Minute Entry -Voir Dire begun on 9/15/2008 before Magistrate Judge R. Steven Whalen. (Court Reporter Jody Matthew) (SJef)
September 15, 2008 Opinion or Order Minute Entry -Jury Impaneled before Magistrate Judge R. Steven Whalen. (Court Reporter Jody Matthew) (SJef)
September 15, 2008 Opinion or Order Minute Entry -Motion Hearing held on 9/15/2008 re #116 MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee filed by State Farm Mutual Automobile Insurance Company, #123 MOTION to Strike Testimony of Witness Not Listed on Joint Final Pretrial Order filed by Healthcall of Detroit, Incorporated before Magistrate Judge R. Steven Whalen. Disposition: Denied (Tape #RSW 9/15/08) (SJef)
September 13, 2008 Opinion or Order Filing 124 RESPONSE to #116 MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Deposition Transcript of Joel Szites, 5/19/2008, #3 Exhibit B - Fab-Tech Inc. v. E.I. DuPont, #4 Exhibit C - Deposition Transcript of Joel Szirtes, 4/2/2007) (Ziff, Brian)
September 12, 2008 Opinion or Order Filing 123 MOTION to Strike Testimony of Witness Not Listed on Joint Final Pretrial Order by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Defendant's Trial Witness List, #3 Exhibit B - Topliff v. Gross, #4 Exhibit C - Peake v. Nat'l City Bank of Mich., #5 Exhibit D - Heflin v. Handley, #6 Exhibit E - Doe v. Tecumseh Pub. Sch., #7 Exhibit F - Emerald Refining v. Kandiliotis) (Ziff, Brian)
September 12, 2008 Opinion or Order Filing 122 NOTICE by Healthcall of Detroit, Incorporated of Filing Deposition Transcripts (Attachments: #1 Index of Exhibits, #2 Exhibit A - Deposition Transcript of Gretchen Barrow, #3 Exhibit B - Deposition Transcript of Dr. James Chinarian, #4 Exhibit C - Deposition Transcript of Marissa Gibbons, #5 Exhibit D - Deposition Transcript of James Graham, #6 Exhibit E - Deposition Transcript of Patricia Perrault, #7 Exhibit F - Deposition Transcript of Dawn Wahlstrom, #8 Exhibit G - Deposition Transcript of Kathleen Wallace) (Ziff, Brian)
September 10, 2008 Opinion or Order Filing 121 JOINT FINAL PRETRIAL ORDER Signed by Magistrate Judge R. Steven Whalen. (Attachments: #1 Exhibit Damages) (GWil)
September 8, 2008 Opinion or Order Filing 120 ORDER granting #87 Motion in Limine; denying #88 Motion in Limine; denying #89 Motion in Limine; denying #93 Motion in Limine; granting in part and denying in part #94 Motion in Limine; granting #95 Motion in Limine; denying #96 Motion in Limine; granting in part and denying in part #97 Motion in Limine. Signed by Magistrate Judge R. Steven Whalen. (SJef)
September 8, 2008 Opinion or Order Minute Entry -Motion Hearing held on 9/8/2008 re #96 MOTION in Limine to Exclude Evidence that HHA Rates Less Than $27 Per Hour and Skilled Nursing Rates Less Than $150 Per Visit are Reasonable filed by Healthcall of Detroit, Incorporated, #93 MOTION in Limine to Exclude Improperly Submitted Market Survey filed by Healthcall of Detroit, Incorporated, #94 MOTION in Limine to Limit the Scope of Trial to August 2004 Through the Present filed by Healthcall of Detroit, Incorporated, #97 MOTION in Limine to Exclude Market Survey, Medical Care Coordinator's Report, and Surveillance Report filed by Healthcall of Detroit, Incorporated, #87 MOTION in Limine to Exclude Evidence of Setoff Defense filed by Healthcall of Detroit, Incorporated, #89 MOTION in Limine to Exclude Evidence of Fraud Defense filed by Healthcall of Detroit, Incorporated, #95 MOTION in Limine to Exclude Evidence of an Insurance Contract filed by Healthcall of Detroit, Incorporated, #88 MOTION in Limine to Exclude Evidence Relating to HHA Care During School Hours of the 2004/2005 School Year filed by Healthcall of Detroit, Incorporated before Magistrate Judge R. Steven Whalen. (Tape #rsw 9/8/08) (SJef)
September 5, 2008 Opinion or Order Filing 119 REPLY to Response re #95 MOTION in Limine to Exclude Evidence of an Insurance Contract filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - Hall v. Green, No. 276667, 2008 Mich. App. LEXIS 1271 (Mich. Ct. App. June 17, 2008)) (Ziff, Brian)
September 5, 2008 Opinion or Order Filing 118 REPLY to Response re #97 MOTION in Limine to Exclude Market Survey, Medical Care Coordinator's Report, and Surveillance Report filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - Excerpts from the Deposition of Pat Perrault) (Ziff, Brian)
September 4, 2008 Opinion or Order Filing 117 RESPONSE to #95 MOTION in Limine to Exclude Evidence of an Insurance Contract filed by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
September 4, 2008 Opinion or Order Filing 116 MOTION in Limine to Strike HealthCalls Purported Determination of Rates and/or for Sanctions Pursuant to Fed.R.Civ.P. Rule 37 Regarding Plaintiffs 30(b)(6) Designee by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Correspondence from opposing counsel, #3 Exhibit 2 - Intercorp Market Survey, #4 Exhibit 3 - 3rd version of Determination of Rates, #5 Exhibit 4 - Deposition of Joel Szirtes May 19, 2008, #6 Exhibit 5 - Determination of Rates (second version), #7 Document Continuation Determination of Rates (second version) con't, #8 Exhibit 6 - Deposition of Joel Szirtes, April 2, 2007, #9 Exhibit Deposition Notice (second dep), #10 Exhibit 8 - Deposition Notice (first)) (Williams, Raymond)
September 4, 2008 Opinion or Order Filing 115 NOTICE of hearing on #93 MOTION in Limine to Exclude Improperly Submitted Market Survey, #95 MOTION in Limine to Exclude Evidence of an Insurance Contract, #96 MOTION in Limine to Exclude Evidence that HHA Rates Less Than $27 Per Hour and Skilled Nursing Rates Less Than $150 Per Visit are Reasonable, #94 MOTION in Limine to Limit the Scope of Trial to August 2004 Through the Present, #97 MOTION in Limine to Exclude Market Survey, Medical Care Coordinator's Report, and Surveillance Report, #87 MOTION in Limine to Exclude Evidence of Setoff Defense, #89 MOTION in Limine to Exclude Evidence of Fraud Defense, #88 MOTION in Limine to Exclude Evidence Relating to HHA Care During School Hours of the 2004/2005 School Year. Motion Hearing set for 9/8/2008 09:30 AM before Magistrate Judge R. Steven Whalen. (GWil)
September 3, 2008 Opinion or Order Filing 114 REPLY to Response re #93 MOTION in Limine to Exclude Improperly Submitted Market Survey filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpts from J. Szirtes Deposition Transcript, #3 Exhibit B - Letter from S. Szirtes regarding Dunn Survey) (Ziff, Brian)
September 3, 2008 Opinion or Order Filing 113 REPLY to Response re #96 MOTION in Limine to Exclude Evidence that HHA Rates Less Than $27 Per Hour and Skilled Nursing Rates Less Than $150 Per Visit are Reasonable filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - Excerpt from J. Szirtes Deposition Transcript) (Ziff, Brian)
September 3, 2008 Opinion or Order Filing 112 RESPONSE to #97 MOTION in Limine to Exclude Market Survey, Medical Care Coordinator's Report, and Surveillance Report filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Market Survey, #3 Exhibit 2 - Surveillance Report, #4 Exhibit 3 - HHA Timesheets Jan '04, #5 Exhibit 4 - Enclosure Letter to Opposing Counsel, #6 Exhibit 5 - Persyn Affidavit, #7 Index of Exhibits 6 - Medical Care Coordinators Report, #8 Exhibit 7 - Deposition of Patricia Perrault) (Williams, Raymond)
September 2, 2008 Opinion or Order Filing 111 REPLY to Response re #87 MOTION in Limine to Exclude Evidence of Setoff Defense filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Royer v RC Co., No. 257620, 2006 Mich. App. LEXIS 954 (Mich. Ct. App. April 4, 2006), #3 Exhibit B - King v The Detroit Medical Center, No. 01-72992, 2004 U.S. Dist. LEXIS 6949 (E.D. Mich. January 9, 2004), #4 Exhibit C - Old Line Life Ins. Co. v Garcia, No. 02-40239, 2007 U.S. Dist. LEXIS 85248 (E.D. Mich. November 19, 2007), #5 Exhibit D - Excerpt from July 17, 2008 Hearing) (Ziff, Brian)
September 2, 2008 Opinion or Order Filing 110 REPLY to Response re #94 MOTION in Limine to Limit the Scope of Trial to August 2004 Through the Present filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - Al-Janabi v State Farm Mut. Auto Ins. Co., No. 268978, 2007 Mich. App LEXIS 1821 (Mich. Ct. App. July 26, 2007)) (Ziff, Brian)
September 2, 2008 Opinion or Order Filing 109 REPLY to Response re #89 MOTION in Limine to Exclude Evidence of Fraud Defense filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - King v The Detroit Medical Center, No. 01-72992, 2004 U.S. Dist. LEXIS 6949 (E.D. Mich., January 9, 2004)) (Ziff, Brian)
August 29, 2008 Opinion or Order Filing 108 RESPONSE to #94 MOTION in Limine to Limit the Scope of Trial to August 2004 Through the Present filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Medical Care Coordinators Report, #3 Exhibit 2 - S. Szirtes Letter June 29, 2005, #4 Exhibit 3 - HHA Timesheets, #5 Exhibit 4 - Nurse's Notes, #6 Exhibit 5 - School Records) (Williams, Raymond)
August 27, 2008 Opinion or Order Filing 107 Notice of Filing Transcript. (Hryshko, T)
August 27, 2008 Opinion or Order Filing 106 TRANSCRIPT of Motion Hearing held on 7/17/2008. (Court Reporter/Transcriber: Karin Dains) (Number of Pages: 15) Redaction Request due 9/17/2008. Redacted Transcript Deadline set for 9/29/2008. Release of Transcript Restriction set for 11/25/2008. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Hryshko, T)
August 27, 2008 Opinion or Order Filing 105 TRANSCRIPT of Motion Hearing held on 4/16/2008. (Court Reporter/Transcriber: Karin Dains) (Number of Pages: 18) Redaction Request due 9/17/2008. Redacted Transcript Deadline set for 9/29/2008. Release of Transcript Restriction set for 11/25/2008. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Hryshko, T)
August 27, 2008 Opinion or Order Filing 104 RESPONSE to #93 MOTION in Limine to Exclude Improperly Submitted Market Survey filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - April 22, 2008 Enclosure Letter from counsel, #3 Exhibit 2 - Intercorp Market Analysis, #4 Exhibit 3 - 3rd Market Survey Submitted by HealthCall, #5 Exhibit 4 - Deposition of Joel Szirtes, #6 Exhibit 5 - Answer & Affirmative Defenses) (Williams, Raymond)
August 27, 2008 Opinion or Order Filing 103 RESPONSE to #96 MOTION in Limine to Exclude Evidence that HHA Rates Less Than $27 Per Hour and Skilled Nursing Rates Less Than $150 Per Visit are Reasonable filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Deposition of Vannie Greer, #3 Exhibit 2 - Nurse Barrow Dep, #4 Exhibit 3 - Patricia Moore Affidavit) (Williams, Raymond)
August 27, 2008 Opinion or Order Filing 102 RESPONSE to #87 MOTION in Limine to Exclude Evidence of Setoff Defense filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Safeco v. O'hara) (Williams, Raymond)
August 27, 2008 Opinion or Order Filing 101 RESPONSE to #89 MOTION in Limine to Exclude Evidence of Fraud Defense filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Time-stamped Answer & Affirmative Defenses) (Williams, Raymond)
August 26, 2008 Opinion or Order Filing 100 ORDER denying #98 Motion to Adjourn. Signed by Magistrate Judge R. Steven Whalen. (SJef)
August 25, 2008 Opinion or Order Filing 99 RESPONSE to #98 MOTION to Adjourn Trial filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Aug 21, 2008 Email, #3 Exhibit B - Jul 17, 2008 Transcript, p 14, #4 Exhibit C - Basirico Docket, #5 Exhibit D - Frazier Docket, #6 Exhibit E - Rosser Docket, #7 Exhibit F - Jul 17, 2008 Stipulation, #8 Exhibit G - Jun 23, 2008 Order Granting Defendant's Motion to Adjourn, #9 Exhibit H - Watson v Trevino) (Ziff, Brian)
August 22, 2008 Opinion or Order Filing 98 MOTION to Adjourn Trial by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
August 18, 2008 Opinion or Order Filing 97 MOTION in Limine to Exclude Market Survey, Medical Care Coordinator's Report, and Surveillance Report by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Survey (Author Unknown), #3 Exhibit B - Surveillance Report, #4 Exhibit C - Coordination Reported, Authored by Pat Perrault, #5 Exhibit D - Essex Ins. v. Fid. & Guar. Ins. Underwriters, Inc.) (Ziff, Brian)
August 18, 2008 Opinion or Order Filing 96 MOTION in Limine to Exclude Evidence that HHA Rates Less Than $27 Per Hour and Skilled Nursing Rates Less Than $150 Per Visit are Reasonable by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Broe Rehab. Servs. Inc. v. Allstate Ins. Co., No. 275587, 2008 Mich. App. LEXIS 820 (Mich. Ct. App., April 22, 2008), #3 Exhibit B - Invoices) (Ziff, Brian)
August 18, 2008 Opinion or Order Filing 95 MOTION in Limine to Exclude Evidence of an Insurance Contract by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - Excerpt from Deposition of Dawn Wahlstrom) (Ziff, Brian)
August 15, 2008 Opinion or Order Filing 94 MOTION in Limine to Limit the Scope of Trial to August 2004 Through the Present by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - July 17, 2008 Order) (Ziff, Brian)
August 15, 2008 Opinion or Order Filing 93 MOTION in Limine to Exclude Improperly Submitted Market Survey by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpts from May 19, 2008 Deposition of Joel Szirtes, #3 Exhibit B - Excerpts from Improperly Submitted Survey) (Ziff, Brian)
August 15, 2008 Opinion or Order Filing 92 REPLY to Response re #88 MOTION in Limine to Exclude Evidence Relating to HHA Care During School Hours of the 2004/2005 School Year filed by Healthcall of Detroit, Incorporated. (Shaver, Sarah)
August 8, 2008 Opinion or Order Filing 91 RESPONSE to #88 MOTION in Limine to Exclude Evidence Relating to HHA Care During School Hours of the 2004/2005 School Year filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Medical Care Coordinators Report, #3 Exhibit 2 - S. Szirtes letter 6/29/2005, #4 Exhibit 3 - HHA timesheets '04-'05, #5 Exhibit 4 - Surveillance Report, #6 Exhibit 5 - James Graham Deposition, #7 Exhibit 6 - DPS Nursing Notes, #8 Exhibit 7 - DPS Absence Sheet, #9 Exhibit 8 - March 10, 2005 Records, #10 Exhibit 9 - April 13-15, 2005 records, #11 Exhibit 10 - January '04 HHA Care Plan, #12 Exhibit 11 - Joel Szirtes Deposition, #13 Exhibit 12 - Sandford Szirtes Deposition, #14 Exhibit 13 - Gretchen Barrow Deposition, #15 Exhibit Lakeshia Greer Deposition, #16 Exhibit 15 - El-Bakly v. Autozone, Inc., #17 Exhibit 16 - Answer & Affirmative Defenses) (Williams, Raymond)
August 7, 2008 Opinion or Order Filing 90 NOTICE of hearing on #87 MOTION in Limine to Exclude Evidence of Setoff Defense, #89 MOTION in Limine to Exclude Evidence of Fraud Defense, #88 MOTION in Limine to Exclude Evidence Relating to HHA Care During School Hours of the 2004/2005 School Year. Motion Hearing set for 9/8/2008 09:30 AM before Magistrate Judge R. Steven Whalen. (GWil)
July 24, 2008 Opinion or Order Filing 89 MOTION in Limine to Exclude Evidence of Fraud Defense by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Buntea v State Farm, 2007 U.S. Dist. LEXIS 81725 (2007), #3 Exhibit B- Old Line Life Ins. v Garcia, 2007 U.S. Dist. 85248 (2007), #4 Exhibit C - Excerpt from Defendant's Reply Brief in Support of Motion for Partial Summary Judgment) (Ziff, Brian)
July 24, 2008 Opinion or Order Filing 88 MOTION in Limine to Exclude Evidence Relating to HHA Care During School Hours of the 2004/2005 School Year by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Proposed Stipulation and Order Excluding Evidence Relating to Whether Charges Were Incurred by HealthCall for HHA Care During School Hours of the 2004/2005 School Year, #3 Exhibit B - United States v Love, 2007 U.S. App. LEXIS 26623 (2007)) (Ziff, Brian)
July 24, 2008 Opinion or Order Filing 87 MOTION in Limine to Exclude Evidence of Setoff Defense by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Royer v RC, 2006 Mich. App LEXIS 954 (2006), #3 Exhibit B - Old Line Life v Garcia, 2007 U.S.Dist. LEXIS 85248 (2007)) (Ziff, Brian)
July 18, 2008 Opinion or Order Filing 86 TRANSCRIPT Order Form by Healthcall of Detroit, Incorporated for proceedings held on 4/16/2008 and 7/17/2008. (Shaver, Sarah)
July 17, 2008 Opinion or Order Filing 85 ORDER denying #76 Motion for Leave to File. Signed by Magistrate Judge R. Steven Whalen. (SJef)
July 17, 2008 Opinion or Order Minute Entry -Motion Hearing held on 7/17/2008 re #76 MOTION for Leave to File Counter-Complaint and Extend Discovery filed by State Farm Mutual Automobile Insurance Company before Magistrate Judge R. Steven Whalen. Disposition: denied (Tape #RSW 7/17/08) (SJef)
July 15, 2008 Opinion or Order Filing 84 AMENDED NOTICE TO APPEAR: Final Pretrial Conference set for 9/8/2008 10:00 AM before Magistrate Judge R. Steven Whalen (GWil)
July 14, 2008 Opinion or Order Filing 83 REPLY to Response re #76 MOTION for Leave to File Counter-Complaint and Extend Discovery filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit Disavowed Agreement to Withdraw 2004/2005 school year billings) (Williams, Raymond)
July 14, 2008 Opinion or Order Filing 82 STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL. Signed by Magistrate Judge R. Steven Whalen. (GWil)
July 10, 2008 Opinion or Order Filing 81 RESPONSE to #76 MOTION for Leave to File Counter-Complaint and Extend Discovery filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Civil Docket Report, #3 Exhibit B - Williams v Detroit Board of Education, #4 Exhibit C - Williams v MBNA America, #5 Exhibit D - Loude v Aegis Mortgage Corp, #6 Exhibit E - Kenty v Bank One, #7 Exhibit F - Wysaski v Universal Homes, LLC, #8 Exhibit G - Transcript pages 2/13/08 Motion Hearing) (Ziff, Brian)
July 10, 2008 Opinion or Order Filing 80 NOTICE of Appearance by Sarah M. Shaver on behalf of Healthcall of Detroit, Incorporated. (Shaver, Sarah)
July 10, 2008 Opinion or Order Filing 79 NOTICE of Appearance by Brian M. Ziff on behalf of Healthcall of Detroit, Incorporated. (Ziff, Brian)
July 3, 2008 Opinion or Order Filing 78 OPINION AND ORDER denying #52 Motion for Summary Judgment; denying #73 Motion for Reconsideration. Signed by Magistrate Judge R. Steven Whalen. (GWil)
July 2, 2008 Opinion or Order Filing 77 NOTICE of hearing on #76 MOTION for Leave to File Counter-Complaint and Extend Discovery. Motion Hearing set for 7/17/2008 10:00 AM before Magistrate Judge R. Steven Whalen. (GWil)
June 26, 2008 Opinion or Order Filing 76 MOTION for Leave to File Counter-Complaint and Extend Discovery by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Proposed Counter-Complaint) (Williams, Raymond)
June 17, 2008 Opinion or Order Filing 75 STIPULATION AND ORDER ADJOURNING FINAL PRETRIAL CONFERENCE and TRIAL DATE. (See Order for amended dates.) Signed by Magistrate Judge R. Steven Whalen. (GWil)
June 9, 2008 Opinion or Order Filing 74 RESPONSE to #73 MOTION for Reconsideration Regarding LPN Charges filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Kathleen Wallace, RN's Dep Tr, #3 Exhibit B - Wallace Market Survey, #4 Exhibit C - Joel Szirtes' Dep Tr, #5 Exhibit D - Skilled Nurse Visit Market Survey, #6 Exhibit E - Invoices, #7 Exhibit F - Corvel Explanation of Review, #8 Exhibit G - Review Works Explanation of Review, #9 Exhibit H - Broe Rehab Servs v AllState) (Trainor, Christopher)
April 21, 2008 Opinion or Order Filing 73 MOTION for Reconsideration Regarding LPN Charges by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Plaintiff's Determination of Rates for LPN Care, #3 Exhibit 2 - LPN Invoice Demonstrating $165/visit, #4 Exhibit 3 - Plaintiff's "Determination of Rates" Rate Basis, #5 Exhibit 4 - Nurse Barrow Dep Transcript, #6 Exhibit 5 - Patty Moore Affidavit) (Williams, Raymond)
April 17, 2008 Opinion or Order Filing 72 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 8/5/2008 10:00 AM before Magistrate Judge R. Steven Whalen Jury Trial set for 8/19/2008 08:30 AM before Magistrate Judge R. Steven Whalen Signed by Magistrate Judge R. Steven Whalen. (Refer to image for additional dates) (SJef)
April 17, 2008 Opinion or Order Filing 71 ORDER denying #58 Motion in Limine. Signed by Magistrate Judge R. Steven Whalen. (SJef)
April 16, 2008 Opinion or Order Minute Entry -Evidentiary Hearing not held on 4/16/2008 before Magistrate Judge R. Steven Whalen. Resolved without Evidentiary/Daubert hearing. Motion hearing held. (Tape #RSW 4/16/08) (SJef)
April 15, 2008 Opinion or Order Filing 70 NOTICE by State Farm Mutual Automobile Insurance Company re #69 Notice (Other), Notice (Other) In Opposition to Plaintiff's Request for Dismissal of Daubert Hearing (Williams, Raymond)
April 14, 2008 Opinion or Order Filing 69 NOTICE by Healthcall of Detroit, Incorporated re #68 Supplemental Brief, #58 MOTION in Limine to Strike the Purported "Market Survey" by Kathleen Wallace, and to strike Kathleen Wallace as an "Expert" Witness, #64 Notice to Appear Plaintiff's Concurrence with the Relief Sought in Defendant's Statement in Support of the Admissibility of its Expert, Kathleen Wallace, and her Market Survey (Trainor, Christopher)
April 14, 2008 Opinion or Order Filing 68 SUPPLEMENTAL BRIEF re #64 Notice to Appear IN SUPPORT OF ITS EXPERT, KATHLEEN WALLACE filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - LPN Invoice, #3 Exhibit 2 - Wallace CV & Affidavit, #4 Exhibit 3 - Intracorp Market Survey, #5 Exhibit 4 - HealthCall Market Determination for LPN care, #6 Exhibit 5 - State Farm Market Survey of HHA & LPN rates) (Williams, Raymond)
March 28, 2008 Opinion or Order Filing 67 OPINION AND ORDER denying without prejudice #33 Motion for Partial Summary Judgment. Signed by Magistrate Judge R. Steven Whalen. (GWil, )
March 27, 2008 Opinion or Order Filing 66 TRANSCRIPT of Motion Hearing held on 2/13/08. (Court Reporter: Deborah Kremlick) (Number of Pages: 40) (JCre)
February 13, 2008 Opinion or Order Filing 65 ORDER denying #57 Motion to Appoint Guardian ad Litem.. Signed by Honorable R. Steven Whalen. (SJef)
February 13, 2008 Opinion or Order Filing 64 NOTICE TO APPEAR: Evidentiary/ Daubert Hearing set for 4/16/2008 10:00 AM before Honorable R. Steven Whalen (SJef)
February 13, 2008 Opinion or Order Minute Entry -Motion Hearing held on 2/13/2008 re #57 MOTION to Appoint Guardian/Attorney ad Litem filed by State Farm Mutual Automobile Insurance Company, DENIED #58 MOTION in Limine to Strike the Purported "Market Survey" by Kathleen Wallace, and to strike Kathleen Wallace as an "Expert" Witness filed by Healthcall of Detroit, Incorporated, TAKEN UNDER ADVISEMENT #33 MOTION for Partial Summary Judgment filed by State Farm Mutual Automobile Insurance Company TKEN UNDER ADVISEMENT before Honorable R. Steven Whalen. (Tape #RSW 2/13/08) (SJef)
January 25, 2008 Opinion or Order Filing 63 RESPONSE to #57 MOTION to Appoint Guardian/Attorney ad Litem filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A-Letters of Guardianship of Individual with Developmental Disability) (Trainor, Christopher)
January 25, 2008 Opinion or Order Filing 62 AMENDED NOTICE of hearing (*Amended as to Time of Hearing Only*)on #57 MOTION to Appoint Guardian/Attorney ad Litem, #58 MOTION in Limine to Strike the Purported "Market Survey" by Kathleen Wallace, and to strike Kathleen Wallace as an "Expert" Witness, #33 MOTION for Partial Summary Judgment. Motion Hearing set for 2/13/2008 02:00 PM before Honorable R. Steven Whalen. (GWil, )
January 22, 2008 Opinion or Order Filing 61 RESPONSE to #58 MOTION in Limine to Strike the Purported "Market Survey" by Kathleen Wallace, and to strike Kathleen Wallace as an "Expert" Witness and for Rule 11 Sanctions filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Exhibit 1 - Healthcall Market Survey - LPN Care#3 Exhibit 2 - Kathleen Wallace CV & Affidavit#4 Exhibit 3 - Nurse Barrow Dep Transcript#5 Exhibit 4 - LPN Notes 5-16-05 to 6-16-05#6 Exhibit 5 - Patricia Moore Affidavit#7 Exhibit 6 - Intracorp Market Survey#8 Exhibit 7 - SF Market Survey HHA & LPN) (Williams, Raymond)
January 16, 2008 Opinion or Order Filing 60 AMENDED NOTICE of hearing (*Amended as to Case Caption Only*) on #57 MOTION to Appoint Guardian/Attorney ad Litem, #58 MOTION in Limine to Strike the Purported "Market Survey" by Kathleen Wallace, and to strike Kathleen Wallace as an "Expert" Witness, #33 MOTION for Partial Summary Judgment. Motion Hearing set for 2/13/2008 10:30 AM before Honorable R. Steven Whalen. (GWil, )
January 16, 2008 Opinion or Order Filing 59 NOTICE of hearing on #57 MOTION to Appoint Guardian/Attorney ad Litem, #58 MOTION in Limine to Strike the Purported "Market Survey" by Kathleen Wallace, and to strike Kathleen Wallace as an "Expert" Witness, #33 MOTION for Partial Summary Judgment. Motion Hearing set for 2/13/2008 10:30 AM before Honorable R. Steven Whalen. (GWil, )
January 12, 2008 Opinion or Order Filing 58 MOTION in Limine to Strike the Purported "Market Survey" by Kathleen Wallace, and to strike Kathleen Wallace as an "Expert" Witness by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits #2 Exhibit Exhibit A, Transcript of the Deposition of Sanford "Sandy" Szirtes#3 Exhibit exhibit B. Transcript of the Deposition of Joel Szirtes#4 Exhibit exhibit C. Transcript of the Deposition of James Chinarian, M.D.#5 Exhibit Exhibit D. Practice Summary, James Chinarian, M.D.#6 Exhibit exhibit E. Transcript of the deposition of Vannie Greer.#7 Exhibit Exhibit F. Deposition Transcript of Lakeshia Greer.#8 Exhibit exhibit G. Transcript of the Deposition of Patricia Moore.#9 Exhibit exhibit H. Purported market survey by Kathleen Wallace.#10 Exhibit exhibit I. supporting case law. TCE Systems, Inc., v. Thomas and Betts Corp., 2005 U.S. Dist. LEXIS 31057 (e.d. Michigan, November 21, 2005).#11 Exhibit exhibit J. supportive case law. Nilavar v. Mercy Health System, 2007 U.S. Dist. LEXIS 19127 ( 6th Cir. August 7, 2007).) (Prebay, Clifford)
January 11, 2008 Opinion or Order Filing 57 MOTION to Appoint Guardian/Attorney ad Litem by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
November 29, 2007 Opinion or Order Filing 56 ORDER granting #54 Motion for Leave to File. Signed by Honorable R. Steven Whalen. (SJef)
November 27, 2007 Opinion or Order Filing 55 SUPPLEMENTAL BRIEF re #33 MOTION for Partial Summary Judgment filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Exhibit 1 - Portion of Healthcall Market Analysis pp. 10-11#3 Exhibit 2 - LPN Invoice from Healthcall#4 Exhibit 3 - Portion of Healthcall "Market Analysis" p. 6#5 Exhibit 4 - Nurse Barrow Deposition#6 Exhibit 5 - Patricia Moore Deposition#7 Exhibit 6 - LPN Notes May 15 - June 15) (Williams, Raymond)
November 19, 2007 Opinion or Order Filing 54 Ex Parte MOTION for Leave to File Brief in Excess of Page Limits by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
November 19, 2007 Opinion or Order Filing 53 RESPONSE to #52 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Exhibit 1 - Medical Care Coordinators Report#3 Exhibit 2 - James Graham Deposition#4 Exhibit 3 - Nurse's Notes#5 Exhibit 4 - DPS School Records#6 Exhibit 5 - LPN Notes March & April 2005#7 Exhibit 6 - LPN Invoice March 2005#8 Exhibit 7 - Detroit Public Schools Absence Sheet#9 Exhibit 8 - L. Greer Handwritten Notes#10 Exhibit 9 - Aide Timesheets#11 Exhibit 10 - HHA Care Plan & Record Sheet March 2005#12 Exhibit 11 - HHA Invoice March 2005#13 Exhibit 12 - LPN Invoice April 2005#14 Exhibit 13 - L. Greer Handwritten Notes#15 Exhibit 14 - HHA Invoice April 2005#16 Exhibit 15 - Surveillance Report#17 Exhibit 16 - Care Plan Recrod Sheet January 2004#18 Exhibit 17 - Vannie Greer Dep#19 Exhibit 18 - Nurse Barrow Dep#20 Exhibit 19 - Sandford Szirtes Dep#21 Exhibit 20 - Joel Szirtes Dep#22 Exhibit 21 - State Farm Market Survey#23 Exhibit 22 - Patricia Moore Dep#24 Exhibit 23 - Intercorp Market Survey#25 Exhibit 24 - LPN Notes May '05 to June '05) (Williams, Raymond)
October 31, 2007 Opinion or Order Filing 52 MOTION for Summary Judgment by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits #2 Exhibit A-Deposition Transcript of Dr. James Chinarian, M.D.#3 Exhibit B-Deposition Transcript of Patricia Moore#4 Exhibit C-Deposition Transcript of Gretchen Barrow#5 Exhibit D-Deposition Transcript of Vannie Greer#6 Exhibit E-Deposition Transcript of Lakeshia Greer#7 Exhibit F-Deposition Transcript of James Graham#8 Exhibit G-Report from Children's Hospital dated 8/15/1995#9 Exhibit H-Deposition Transcript of Sanford Szirtes#10 Exhibit I-Deposition Transcript of Joel Szirtes#11 Exhibit J-Healthcall's Market Analysis#12 Exhibit J1-Healthcall's Market Analysis continued#13 Exhibit K-Doctor's scripts for Vincent Ross#14 Exhibit L-Deposition Transcript of Dawn Wahlstrom#15 Exhibit M-Deposition Transcript of Marissa Gibbons#16 Exhibit N-Statement of Accounts#17 Exhibit O-Affidavit of Joel Szirtes#18 Exhibit P-Allstate Insurance Co v. Lewerenz, D.O., 2006 Mich. App. LEXIS 3088#19 Exhibit Q-State Farm's Surveillance Report#20 Exhibit R-Healthcall Time Sheet dated 1/28/04-1/31/04#21 Exhibit S-Healthcall time sheet dated 6/12/04-6/22/04#22 Exhibit T-Attendance sheet of Vincent Ross#23 Exhibit U-Henry Ford High School calendar of events, 2004-2005#24 Exhibit V-Affidavit of Patricia Moore) (Trainor, Christopher)
October 15, 2007 Opinion or Order Filing 51 REPLY to Response re #33 MOTION for Partial Summary Judgment filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Index of Exhibits 1 - Lakeshia Greer Dep#3 Exhibit 2 - Voncile Bowman Dep#4 Exhibit 3 - HHA timesheets#5 Exhibit 4 - Detroit Public School Academic Calendar) (Williams, Raymond)
October 11, 2007 Opinion or Order Filing 50 ORDER denying #37 Motion to Compel; granting #40 Motion ; granting in part and denying in part #42 Motion to Adjourn; granting #44 Motion for Leave to File Excess Pages. Signed by Honorable R. Steven Whalen. (SJef)
October 11, 2007 Opinion or Order Minute Entry -Motion Hearing held on 10/11/2007 re #42 MOTION to Adjourn Scheduling Order and for Enlargement of Time filed by Healthcall of Detroit, Incorporated, DENIED #37 MOTION to Compel Responsive Pleading DENIED Immediately filed by State Farm Mutual Automobile Insurance Company, #40 MOTION Substitution of Counsel filed by Healthcall of Detroit, Incorporated, GRANTED #44 Ex Parte MOTION for Leave to File Excess Pages for Plaintiff's Response to Defendants' Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 12(b)(6) and 56(b) filed by Healthcall of Detroit, Incorporated GRANTED before Honorable R. Steven Whalen. (Tape #RSW 10/11/07) (SJef)
October 10, 2007 Opinion or Order Filing 49 REPLY to Response re #42 MOTION to Adjourn Scheduling Order and for Enlargement of Time filed by Healthcall of Detroit, Incorporated. (Trainor, Christopher)
October 10, 2007 Opinion or Order Filing 48 RESPONSE to #37 MOTION to Compel Responsive Pleading Immediately filed by Healthcall of Detroit, Incorporated. (Trainor, Christopher)
October 8, 2007 Opinion or Order Filing 47 RESPONSE to #33 MOTION for Partial Summary Judgment filed by Healthcall of Detroit, Incorporated. (Attachments: #1 Index of Exhibits #2 Exhibit A-Deposition of Dr. James Chinarian, M.D.#3 Exhibit B-Deposition of Patricia Moore#4 Exhibit C-Deposition of Gretchen Barrown#5 Exhibit D-Deposition of Vannie Greer#6 Exhibit E-Deposition of Lakeshia Greer#7 Index of Exhibits F-Deposition of James Graham#8 Exhibit G-Report from Children's Hospital, 8/15/1995#9 Exhibit H-Deposition of Sandy Szirtes#10 Exhibit I-Deposition of Joel Szirtes#11 Exhibit J-Health Aide Rate Market Analysis#12 Exhibit K-Doctor's Scripts for Vincent Ross#13 Exhibit L-Deposition of Dawn Wahlstrom#14 Exhibit M-Nali v. Grosse Pointe Woods, 2005 U.S. Dist. LEXIS 43156#15 Exhibit N-Allstate v. Frederick Lewerenz, D.O., 2006 Mich. App. LEXIS 3088#16 Exhibit O-State Farm's Surveillance Report#17 Exhibit P-HealthCall timesheet from January of 2004#18 Exhibit Q-HealthCall timesheets from January of 2005#19 Exhibit R-HealthCall timesheets from October of 2004#20 Exhibit S-HealthCall timesheets from September of 2004#21 Exhibit T-HealthCall timesheet from June of 2004#22 Exhibit U-Patient Care Record Sheet, May of 2004#23 Exhibit V-Detroit Public School attendance records, 2005#24 Exhibit W-Henry Ford High School calendar of Events, 2004-2005#25 Exhibit X-Affidavit of Patricia Moore#26 Exhibit Y-Public Record of Michigan Department of Education, "Michigan Paraprofessionals and NCLB"#27 Exhibit Z-Stoops v. Farm Bureau, 2006 Mich. App. LEXIS 865#28 Exhibit AA-Defendants Affirmative Defenses) (Trainor, Christopher)
October 8, 2007 Opinion or Order Filing 46 RESPONSE to #42 MOTION to Adjourn Scheduling Order and for Enlargement of Time filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Correspondence from Attorney Aronoff re: withdrawal of billings) (Williams, Raymond)
October 5, 2007 Opinion or Order Filing 45 NOTICE of hearing on #42 MOTION to Adjourn Scheduling Order and for Enlargement of Time. Motion Hearing set for 10/11/2007 10:00 AM before Honorable R. Steven Whalen. (SJef)
October 4, 2007 Opinion or Order Filing 44 Ex Parte MOTION for Leave to File Excess Pages for Plaintiff's Response to Defendants' Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 12(b)(6) and 56(b) by Healthcall of Detroit, Incorporated. (Trainor, Christopher)
October 1, 2007 Opinion or Order Filing 43 AMENDED (AS TO CASE CAPTION ONLY) NOTICE of hearing on #37 MOTION to Compel Responsive Pleading Immediately.Resolved/Unresolved Issues due by 10/4/2007, Motion Hearing set for 10/11/2007 10:00 AM before Honorable R. Steven Whalen. (SJef)
September 25, 2007 Opinion or Order Filing 42 MOTION to Adjourn Scheduling Order and for Enlargement of Time by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A-Correspondence to Craig Aronoff, Esq., dated September 14, 2007) (Trainor, Christopher)
September 24, 2007 Opinion or Order Filing 41 NOTICE of hearing on #37 MOTION to Compel Responsive Pleading Immediately.Resolved/Unresolved Issues due by 10/4/2007, Motion Hearing set for 10/11/2007 10:00 AM before Honorable R. Steven Whalen. (SJef)
September 19, 2007 Opinion or Order Filing 40 MOTION Substitution of Counsel by Healthcall of Detroit, Incorporated. (Attachments: #1 Exhibit A - Letter from HealthCall) (Trainor, Christopher)
September 19, 2007 Opinion or Order Filing 39 ATTORNEY APPEARANCE: Clifford G. Prebay appearing on behalf of Healthcall of Detroit, Incorporated (Prebay, Clifford)
September 19, 2007 Opinion or Order Filing 38 ATTORNEY APPEARANCE: Christopher J. Trainor appearing on behalf of Healthcall of Detroit, Incorporated (Trainor, Christopher)
September 12, 2007 Opinion or Order Filing 37 MOTION to Compel Responsive Pleading Immediately by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
July 18, 2007 Opinion or Order Filing 36 NOTICE by Healthcall of Detroit, Incorporated of Filing Letter (Aronoff, Craig)
July 3, 2007 Opinion or Order Filing 35 ORDER granting #34 Motion for Leave to File Excess Pages. Signed by Honorable R. Steven Whalen. (SJef)
June 30, 2007 Opinion or Order Filing 34 Ex Parte MOTION for Leave to File Excess Pages For Defendant's Motion for Partial Summary Judgment by State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
June 30, 2007 Opinion or Order Filing 33 MOTION for Partial Summary Judgment by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Exhibit 1 - Medical Care Coordinators Report#3 Exhibit 2 - James Graham Deposition#4 Exhibit 3 - Nurse Barrow Nursing Notes#5 Exhibit 4 - Detroit Public School Records#6 Exhibit 5 - LPN Notes Mar & Apr 2005#7 Exhibit 6 - LPN Invoice#8 Exhibit 7 - Detroit Public School Attendance Sheet#9 Exhibit 8 - Lakeshia Greer Handwritten Nurse Notes#10 Exhibit 9 - HHA Timesheet Mar 2005#11 Exhibit 10 - HHA Careplan & Record Sheet Mar 2005#12 Exhibit 11 - HHA Invoice Mar 2005#13 Exhibit 14 - LPN Invoice Apr 2005#14 Exhibit 13 - Lakeshia Greer Handwritten Nursing Notes#15 Exhibit 14 - HHA Invoice Apr 2005#16 Exhibit 15 - Surveillance Report#17 Exhibit 16 - Careplan & Record Sheet Apr 2005#18 Exhibit 17 - Vannie Greer Deposition#19 Exhibit 18 - Nurse Barrow Deposition#20 Exhibit 19 - Sandford Szirtes Deposition#21 Exhibit 20 - Joel Szirtes Deposition#22 Exhibit 21 - State Farm Market Survey HHA & LPN#23 Exhibit 22 - Patricia Moore Deposition#24 Exhibit 23 - Kathy Wallace Market Survey#25 Exhibit Robinson v. Allstate#26 Exhibit 25 - Stoops v. Farm Bureau) (Williams, Raymond)
May 30, 2007 Opinion or Order Filing 32 Supplemental WITNESS LIST by State Farm Mutual Automobile Insurance Company (Williams, Raymond)
April 16, 2007 Opinion or Order Filing 31 STIPULATION AND ORDER re #19 MOTION to Compel the Production of Documents, #20 MOTION for Leave to File First Amended Witness List, #17 MOTION TO EXTEND Scheduling Order re #16 Scheduling Order. Signed by Honorable R. Steven Whalen. (GWil, )
March 29, 2007 Opinion or Order Filing 30 SCHEDULING ORDER:Dispositive Motion Cut-off set for 6/30/2007,Discovery due by 5/30/2007. Signed by Honorable R. Steven Whalen. (Refer to image for additional dates) (SJef)
March 29, 2007 Opinion or Order Minute Entry -Status Conference held on 3/29/2007 before Honorable R. Steven Whalen. (SJef)
March 7, 2007 Opinion or Order Filing 29 AMENDED NOTICE TO APPEAR: *Amended as to time only* Status Conference set for 3/29/2007 02:00 PM before Honorable R. Steven Whalen. (GWil, )
March 6, 2007 Opinion or Order Filing 28 NOTICE TO APPEAR: Status Conference set for 3/29/2007 10:30 AM before Honorable R. Steven Whalen. (GWil, )
March 1, 2007 Opinion or Order Filing 27 OPINION AND ORDER denying #25 Defendant's Motion to Vacate Reference to Magistrate Judge and Reassign Case to District Court.. Signed by Honorable Robert H Cleland. (LWag)
February 6, 2007 Opinion or Order Filing 26 NOTICE of Joinder/Concurrence in by Healthcall of Detroit, Incorporated Joinder/Concurrence by Healthcall of Detroit, Incorporated (Aronoff, Craig)
February 1, 2007 Opinion or Order Filing 25 MOTION to Reassign Case to District Court Judge Cleland by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - Consent to Magistrate Judge)(Williams, Raymond)
January 11, 2007 Opinion or Order Minute Entry -Motion Hearing not held on 1/11/2007 re #17 MOTION TO EXTEND Scheduling Order re #16 Scheduling Order, filed by State Farm Mutual Automobile Insurance Company,, #19 MOTION to Compel the Production of Documents filed by State Farm Mutual Automobile Insurance Company,, #20 MOTION for Leave to File First Amended Witness List filed by State Farm Mutual Automobile Insurance Company, . Disposition: ADJOURNED FOR 30 DAYS (SJef, )
December 21, 2006 Opinion or Order Filing 24 AMENDED NOTICE of hearing on #19 MOTION to Compel the Production of Documents, #17 MOTION TO EXTEND Scheduling Order re #16 Scheduling Order, #20 MOTION for Leave to File First Amended Witness List and Status Conference. Resolved/Unresolved Issues due by 1/8/2007. Motion Hearing set for 1/11/2007 10:00 AM before Honorable R. Steven Whalen. (GWil, )
December 19, 2006 Opinion or Order Filing 23 NOTICE TO APPEAR:Status Conference set for 1/9/2007 10:00 AM before Honorable R. Steven Whalen. (SJef, )
December 19, 2006 Opinion or Order Filing 22 NOTICE of hearing on #19 MOTION to Compel the Production of Documents, #17 MOTION TO EXTEND Scheduling Order re #16 Scheduling Order,, #20 MOTION for Leave to File First Amended Witness List.Resolved/Unresolved Issues due by 1/2/2007. Motion Hearing set for 1/9/2007 10:00 AM before Honorable R. Steven Whalen. (SJef, )
November 21, 2006 Opinion or Order Filing 21 Notice to counsel regarding reassignment of Magistrate Judge Wallace Capel to Magistrate Judge R. Steven Whalen. (Srour, S.)
November 21, 2006 Opinion or Order Filing 20 MOTION for Leave to File First Amended Witness List by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Exhibit 1 - Deposition of Patricia Moore, LPN#3 Exhibit 2 - Proposed Amended Witness List#4 Exhibit 3 - Healthcall of Detroit LPN Invoices)(Williams, Raymond)
November 21, 2006 Opinion or Order Filing 19 MOTION to Compel the Production of Documents by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Exhibit 1 - Defendant's First Request for Production#3 Exhibit 2 - Defendant's Second Request for Production)(Williams, Raymond)
November 17, 2006 Opinion or Order Filing 18 NOTICE OF ADJOURNMENT OF SETTLEMENT CONFERENCE, re #16 Scheduling Order, (PPel, )
November 17, 2006 Opinion or Order Filing 17 MOTION TO EXTEND Scheduling Order re #16 Scheduling Order, by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits #2 Exhibit 1 - Szirtes Deposition Notices#3 Exhibit 2 - Greer Deposition Notices)(Williams, Raymond)
September 15, 2006 Opinion or Order Filing 16 REVISED SCHEDULING ORDER: Final Pretrial Conference set for 11/28/2006 09:30 AM before Honorable Magistrate Judge Wallace Capel. Dispositive Motion Cut-off set for 10/18/2006 Discovery due by 10/1/2006. Signed by Honorable Magistrate Judge Wallace Capel. (Refer to image for additional dates)(PPel, )
September 15, 2006 Opinion or Order Filing 15 STIPULATION AND ORDER EXTENDING SCHEDULING DATES re #10 Scheduling Order, Signed by Honorable Magistrate Judge Wallace Capel. (PPel, )
September 1, 2006 Opinion or Order Filing 14 Defendant's WITNESS LIST by State Farm Mutual Automobile Insurance Company (Williams, Raymond)
August 28, 2006 Opinion or Order Filing 13 NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Craig A. Aronoff re #12 Witness List (RHutc, )
August 28, 2006 Opinion or Order Filing 12 WITNESS LIST by Healthcall of Detroit, Incorporated (RHutc, )
August 24, 2006 Opinion or Order Filing 11 STIPULATION Extending Dates by State Farm Mutual Automobile Insurance Company.(Williams, Raymond)
May 22, 2006 Opinion or Order Filing 10 PRETRIAL SCHEDULING ORDER: Final Pretrial Conference set for 10/31/2006 09:30 AM before Honorable Magistrate Judge Wallace Capel. Dispositive Motion Cut-off set for 9/18/2006 Discovery due by 9/1/2006. Signed by Honorable Magistrate Judge Wallace Capel. (Refer to image for additional dates)(PPel, )
April 26, 2006 Opinion or Order Filing 9 NOTICE OF TELEPHONIC STATUS/SCHEDULING CONFERENCE: Telephonic Status Conference set for 5/12/2006 02:00 PM before Honorable Magistrate Judge Wallace Capel. (PPel, )
April 26, 2006 Opinion or Order Minute Entry -Telephone Conference held on 4/26/2006, Set Deadlines/Hearings: before Honorable Magistrate Judge Wallace Capel. Continued Telephone/Scheduling Conference set for 5/12/2006 02:00 PM before Honorable Magistrate Judge Wallace Capel. Disposition: Parties to obtain documents by 5/5/06 for further review. After review another telephone conference to be held (PPel, )
April 20, 2006 Opinion or Order Filing 8 Letter from Craig Aronoff confirming telephone status conference for 4/26/06 @ 2:00 (PMil, )
April 13, 2006 Opinion or Order Filing 7 NOTICE OF TELEPHONIC STATUS CONFERENCE before Honorable Magistrate Judge Wallace Capel, Jr., on 4/26/06 at 10:00 a.m. (PPel, )
April 3, 2006 Opinion or Order Filing 6 CONSENT with order to the exercise of jurisdiction by United States Magistrate Judge. Case referred to Magistrate Judge Wallace Capel. Signed by Honorable Robert H Cleland. (SSchoe, )
April 1, 2006 Opinion or Order Filing 5 NOTICE of Appearance by Raymond John Williams, III on behalf of State Farm Mutual Automobile Insurance Company. (Williams, Raymond)
March 30, 2006 Opinion or Order Minute Entry -Scheduling Conference held on 3/30/2006 before Honorable Robert H Cleland. (LWag, )
March 8, 2006 Opinion or Order Filing 4 NOTICE TO APPEAR: Scheduling Conference set for 3/30/2006 10:30 AM before Honorable Robert H Cleland. (LWag, )
March 7, 2006 Opinion or Order Filing 3 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(Hewson, James)
January 30, 2006 Opinion or Order Filing 2 OBJECTION to Plaintiff's Discovery Requests by all defendants. (Hewson, James)
November 21, 2005 Opinion or Order Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Wayne County Circuit Court, case number 05-515741 NF. Receipt No: 534588 - Fee: $ 250(DHame, )

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Search for this case: Healthcall of Detroit, Incorporated v. State Farm Mutual Automobile Insurance Company
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Plaintiff: Healthcall of Detroit, Incorporated
Represented By: Craig A. Aronoff
Represented By: Brian M. Ziff
Represented By: Christopher J. Trainor
Represented By: Clifford G. Prebay
Represented By: Sarah M. Shaver
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Defendant: State Farm Mutual Automobile Insurance Company
Represented By: James F. Hewson
Represented By: Brian M. Ziff
Represented By: Raymond John Williams, III
Represented By: Stacey L. Heinonen
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Garnishee: JP Morgan Chase Bank, NA
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