Elkharwily v. Mayo Health System - Southeast Minnesota Region
Plaintiff: M.D. Alaa E. Elkharwily
Defendant: Mayo Holding Company a corporation doing business as Mayo Health System doing business as Mayo Clinic Health System doing business as Albert Lea Medical Center - Mayo Health System, Mayo Clinic Health System - Albert Lea, Mark Ciota, John Grzybowski, Dieter Heinz, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff, Mayo Foundation, Mayo Health System - Southeast Minnesota Region doing business as Mayo Clinic Health System - Albert Lea and Austin (MCHS-SMR) and Mayo Clinic, Inc.
Counter Claimant: Mayo Holding Company
Case Number: 0:2012cv03062
Filed: December 6, 2012
Court: US District Court for the District of Minnesota
County: XX US, Outside State
Presiding Judge: David S Doty
Referring Judge: Steven E Rau
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31 U.S.C. § 3729 False Claims Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2019 Filing 456 MANDATE of USCA (electronic copy) as to #445 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily. (JLB)
December 13, 2018 Filing 455 USCA JUDGMENT (electronic copy) as to #445 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily. (lmb)
December 13, 2018 Filing 454 Opinion of USCA (electronic copy) as to #445 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily. (lmb)
February 8, 2018 Filing 453 Amended Notice of Appeal re #452 USCA Order, #445 Notice of Appeal to 8th Circuit, #451 Order by Alaa E. Elkharwily. (Elkharwily, Alaa) Modified text on 2/8/2018 (LPH).
February 8, 2018 NOTICE to USCA of subsequent filing in a civil case, Re: Amended Notice of Appeal #453 . (LPH)
February 7, 2018 NOTICE to USCA of subsequent filing in a civil case, Re: Order #451 . (ACH)
January 29, 2018 Opinion or Order Filing 451 ORDER Granting Motion to Change the Title of this Action (Written Opinion). Signed by Senior Judge David S. Doty on 1/29/2018. (DLO)
January 26, 2018 Opinion or Order Filing 452 ORDER of USCA as to #445 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily (received electronically from COA) (JDF)
January 26, 2018 Filing 450 TRANSCRIPT REQUEST by Alaa E. Elkharwily for a COPY OF #404 Transcript(s) to Court Reporter Tim Willette. (Elkharwily, Alaa)
January 19, 2018 Filing 449 MANDATE of USCA (electronic copy) as to #331 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. (JDF)
January 9, 2018 Opinion or Order Filing 448 ORDER of USCA as to #331 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. (received electronically from COA) (ACH)
December 20, 2017 Filing 447 USCA Case Number 17-3746 for #445 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily. (JDF)
December 19, 2017 Filing 446 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit #445 . (LPH)
December 18, 2017 Filing 445 NOTICE OF APPEAL TO 8TH CIRCUIT as to #439 Order on Motion to Dismiss/Lack of Prosecution,, Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge,, Order on Motion to Strike Pleading,,, #438 Order on Report and Recommendation, #443 Order by Alaa E. Elkharwily. Filing fee $ 505, receipt number AMNDC-5871513. (Elkharwily, Alaa)
December 18, 2017 Filing 444 DOCUMENT FILED IN ERROR: APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #439 Order on Motion to Dismiss/Lack of Prosecution,, Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge,, Order on Motion to Strike Pleading,,, #438 Order on Report and Recommendation, #443 Order (Elkharwily, Alaa) Modified text on 12/18/2017 (kt).
December 12, 2017 Opinion or Order Filing 443 ORDERED that MCHSAL is awarded $4,910.95 in attorneys fees and costs, which is due and payable by Elkharwily within 30 days of the date of this order. Signed by Senior Judge David S. Doty on 12/12/2017. (DLO)
December 11, 2017 Filing 442 MEMORANDUM re #441 Declaration, In opposition to Defendats counsel for attorney fees filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
December 4, 2017 Filing 441 DECLARATION of Charles G. Frohman re #438 Order on Report and Recommendation by Mayo Clinic Health System - Albert Lea Declaration in Support of Defendant's Request for Attorney's Fees and Costs Pursuant to Order Dated November 20, 2017). (Attachments: #1 Exhibit(s) A)(Frohman, Charles)
November 30, 2017 Opinion or Order Filing 440 ORDER of USCA as to #331 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. The appellees motion to seal and restrict party access to filings containing confidential information is granted. (received electronically from COA) (JDF)
November 30, 2017 Opinion or Order Filing 439 ORDER finding as moot #390 Motion to Dismiss for Lack of Prosecution; finding as moot #413 ORDER RE: APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge; finding as moot #422 Motion to Strike Pleading ; finding as moot #428 ORDER RE: APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge Signed by Senior Judge David S. Doty on 11/30/2017. (DLO)
November 20, 2017 Opinion or Order Filing 438 ORDER adopting Report and Recommendations re #432 Report and Recommendation. (Written Opinion) Signed by Senior Judge David S. Doty on 11/20/2017. (DLO)
November 16, 2017 Filing 437 RESPONSE TO OBJECTION to #435 , #432 Report and Recommendation filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
November 2, 2017 Filing 436 USCA JUDGMENT (electronic copy) as to #331 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. (JDF)
November 2, 2017 Filing 435 OBJECTION to #432 Report and Recommendations . (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
November 2, 2017 Opinion or Order Filing 434 ORDER granting #433 Motion for Extension of Time. Signed by Senior Judge David S. Doty on November 2, 2017. (JRC) Modified text on 11/2/2017 (LPH).
November 1, 2017 Filing 433 MOTION for Extension of Time To file objection to The Honorable Magistrate Judge findings and recommendations filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
October 18, 2017 Opinion or Order Filing 432 REPORT AND RECOMMENDATION AND ORDER. [IT IS HEREBY RECOMMENDED that:1. Plaintiff Alaa E. Elkharwily's (Elkharwily) contempt pursuant to Judge Dotys Order Dated April 13, 2017 [Doc. No. 324] be PURGED; 2. Elkharwily be ORDERED to pay Defendants Albert Lea Medical Center Mayo Health System, Mayo Clinic Health System Albert Lea, Mark Ciota, M.D., John Grzybowski, M.D., Dieter Heinz, M.D., Robert E. Nesse, M.D., Steve Underdahl, Stephen Waldhoff, Mayo Foundation, and Mayo Clinic, Inc. (Defendants) reasonable attorneys fees for the enforcement of Judge Dotys Order Dated May 3, 2017 [Doc. No. #344 ]; 3. Counsel for Defendants be ORDERED to submit a request for attorneys fees and costs to the Court for its review fourteen (14) days after an order issues adopting this Report and Recommendation, after which a subsequent order be issued on the fees owed to Defendants; and 4. Any future violation by Elkharwily of the Protective Order [Doc. No. #47 or any other order of the Courtshould cause the Court to issue a bench warrant for Elkharwily's arrest to coerce compliance. IT IS HEREBY ORDERED that: 1. Elkharwily's self-styled Motion for Appointment of Counsel raised at the evidentiary hearing is DENIED; and 2. Because certain documents that were filed with the Court should have been filed under seal, the Clerks Office shall seal the following documents: #342 , #352 , #365 , #392 , #394 , and #396 . Furthermore, pursuant to the Protective Order these documents cannot be accessed by either party without the express consent of the Court. See (Protective Order 12) (stating that documents that contain confidential information shall not be used for any purpose other than this litigation). Signed by Magistrate Judge Steven E. Rau on 10/18/17. (JDF)
September 11, 2017 Filing 431 NOTICE of Withdrawal as Attorney of Joanne L. Martin (Frohman, Charles)
September 6, 2017 Opinion or Order Filing 430 ORDER of USCA as to #331 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. Appellant's motion for a further extension of time to file his brief is denied. It is hereby ordered that appellant show cause, within fourteen (14) days of the date of this order, why this appeal should not be dismissed for failure to prosecute. (received electronically from COA) (JDF)
August 24, 2017 Filing 429 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Alaa E. Elkharwily re #428 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 418 Order (Text Only),,,,, filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
August 24, 2017 Filing 428 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 418 Order (Text Only),,,,, (Elkharwily, Alaa)
August 23, 2017 Filing 427 LETTER TO MAGISTRATE JUDGE by Mayo Clinic Health System - Albert Lea . (Frohman, Charles)
August 22, 2017 Filing 426 RESPONSE re #425 Response,, to Defendants' counsel statement,and demonstrating Defendants' counsel started the unauthorized filings and Plaintiff's filings were mandatorily in response to defendats' counsel false claims they filed first in defiance of court order per their own admission filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
August 22, 2017 Filing 425 RESPONSE re #413 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #399 Evidentiary Hearing, 401 Order (Text Only) 408 , Order (Text Only), #422 MOTION to Strike Pleading to strike the declaration of Ms. Debra Arnold Doc 291 that was filed and submitted by Mayo's Counsel as Ms Arnold herself vehmently denied making such declaration or any declaration regarding the ife of patient L.H Defendant's Statement in Response to Plaintiff's Improper Filings filed by Mayo Clinic Health System - Albert Lea.(Frohman, Charles) Modified text on 8/23/2017 (MMP). Modified on 8/23/2017 (MMP).
August 21, 2017 Filing 424 EXHIBIT 1-4 of document 423 AND re #422 MOTION to Strike Pleading to strike the declaration of Ms. Debra Arnold Doc 291 that was filed and submitted by Mayo's Counsel as Ms Arnold herself vehmently denied making such declaration or any declartion regarding the ife of patient L.H, #423 Declaration in Support, filed by Alaa E. Elkharwily. (Attachments: #1 Placeholder for Exhibit 1 cd statement of Ms Debra Arnold denying she made any declaration about wife of Patient L.H and denying making any declaration about Plaintiff doc 291. also the cd contains audios 1-5 re concealement of docuemtns by counsel re patinet J.A as evidenced by stataemnts of Ms Arnold and Mayo legal, #2 Exhibit(s) 2 Email chain ending August 16 between plaintiff, counsel, Mr Aron Fitgeral and Dr Noseworthy, Mayo Board and custodian of medical records re concealment of documents, #3 Exhibit(s) 3 corrected statemt by Mayo Clinic mailed on 14 th of August after Plaintif has filed doc 421 re false statements by counsel, #4 Exhibit(s) 4 Transcript of pertinent conversation and statements of Ms Debra Arnold re denying making the purported declaration doc 291)(Elkharwily, Alaa) Modified on 8/22/2017 (kt). CD RECEIVED IN CLERK'S OFFICE re Ex 1 on 8/29/2017 (LPH).
August 21, 2017 Filing 423 Declaration of Alaa E Elkharwily in Support of #422 MOTION to Strike Pleading to strike the declaration of Ms. Debra Arnold Doc 291 that was filed and submitted by Mayo's Counsel as Ms Arnold herself vehmently denied making such declaration or any declartion regarding the ife of patient L.H filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
August 21, 2017 Filing 422 MOTION to Strike Pleading to strike the declaration of Ms. Debra Arnold Doc 291 that was filed and submitted by Mayo's Counsel as Ms Arnold herself vehmently denied making such declaration or any declartion regarding the ife of patient L.H or Plaintiff in this very matter under advisement of the court. Evidentiary hearing requested. filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
August 14, 2017 Filing 421 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily and to Honorable Judge Doty (District court) for new evidence of Mayo Counsel Deceit re 412 414,417 supplement to post evidentiary hearing brief and also supplement to objection doc 413. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) Declaration of Plaintiff Alaa Elkharwily and Exhibit lists 1-4, #3 Exhibit(s) 1 Mayo Fraudulent stataement, #4 Exhibit(s) 2 Declaration of Mr Aaaron Fitzgerald authorizing the use of his and hs negligently deceased Father James Anthony information in court without seal, #5 Exhibit(s) 3 Release of information of medical records of Mr J.A faxed to Mayo and counsel concealed fraudulently the docuemnts from Plaintiff in the case, #6 Exhibit(s) 4 part 1 Congressman Walz statement voiicng concerns over shutting down the inpatient hospital of MCHSAL, #7 Exhibit(s) 4 part 2 Congressman Walz in the news pleading for saving the hospital, #8 Exhibit(s) 4 part 3 people of Mn and Iowa demostarting to save the hospital and requesting Mayo at least to return back)(Elkharwily, Alaa)
August 11, 2017 Filing 420 DECLARATION of Alaa E Elkharwily re #414 Letter to Magistrate Judge, #413 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #399 Evidentiary Hearing,,,, 401 Order (Text Only),,,,,, 408 Order (Text Only),,,,, #412 Brief,,, #415 Response, 418 Order (Text Only),,,,, #416 Exhibit, by Alaa E. Elkharwily A true and correct copy of letter to The Honorable Judge Rau and The Honorable Judge Doty and true and correct copy of Second check made and sent via certified mail to Defendant "MCHSAL" though Plaintiff does not owe this moeny to Defendant and in fact Defednat still owe Plaintiff more than $ 43 k. a fact counsel and defendants never disputed nor denied. (Elkharwily, Alaa)
August 11, 2017 Filing 419 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily and letter to Judge Doty and counsel re Plaintiff owes Defendat MCHSAL owes Plaintiff more than 43,000 Dollars and Plaintiff owES MCHSAL nothing na dPlaintiff was never in contempt nor did he diobey the court order see doc 412 exhib it 12 and also see doc 416. Despite of this Plaintiff shows he is reissuing a check to MCHSAL as he inittially intended to do, before Defendants counsel reuested the check to be written for a different defendant. Counsel are requested also to return the check tot he bank they are holding so that the bank reissue another check which will take 90 days. Again Plaintiff is not in contempt to begin with as he owes nthing to defendat MCHSAL.. (Elkharwily, Alaa)
August 11, 2017 Opinion or Order Filing 418 TEXT ONLY ORDER: This matter is before the undersigned on letters received by the parties [Doc. Nos. 414, 415]. Defendant Mayo Clinic Health System - Albert Lea ("MCHSAL"), asserts that the check tendered by Plaintiff Alaa E. Elkharwily ("Elkharwily ") is defective because it is not made out to "Mayo Clinic" only and because it also includes additional payees that prevent it from negotiating the check. See (Ex. 1, Attached to Letter) [Doc. No. 414-1] (requesting that the check omit payees MCHSAL, Joanne Martin, and Jonathan Oviatt). Elkharwily seems to suggest that the check as tendered purges himself of contempt, regardless of whether MSCHAL may negotiate it. See (Letter) [Doc. No. 415 at 4]. Both parties are mistaken. The Honorable David S. Doty's Order [Doc. No. 344] is unambiguous: "MCHSAL is awarded $19,962.80 in attorneys fees and costs, which is due and payable by Elkharwily within 30 days of the date of this order." As a result, if Elkharwily intends to pay the fees and costs as ordered, he must make the check payable to MCHSAL and MCHSAL alone. He must not include other payees or he will remain in contempt of Judge Doty's Order. Signed by Magistrate Judge Steven E. Rau on 8/11/2017. (BDB)
August 11, 2017 Filing 417 Declaration of Richard T Wylie in Support of #413 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #399 Evidentiary Hearing,,,, 401 Order (Text Only),,,,,, 408 Order (Text Only),,,, filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
August 11, 2017 Filing 416 EXHIBIT 1 Elkharwily Decl. Exhibit 1 demostrating the falsehood presented by Counsel and that Plaintiff does not owe Defendaants money nd that MCHSAL owes plaintiff more than 43,000 as attached doc 202 as of today and that Plaintiff requested Counsel to correct the MCHSAL entity name per order and that Bnak will not reissue the check as long as they are holding it and not retiurning the claimed unpaid check re #415 Response filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
August 10, 2017 Filing 415 RESPONSE re #414 Letter to Magistrate Judge re unauthorized filing by defendts counsel and substatively Plaintiff demostrates counsel's claims are utterly false filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
August 10, 2017 Filing 414 LETTER TO MAGISTRATE JUDGE by Mayo Clinic Health System - Albert Lea . (Attachments: #1 Exhibit(s) 1)(Frohman, Charles)
August 10, 2017 Filing 413 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #399 Evidentiary Hearing,,,, 401 Order (Text Only),,,,,, 408 Order (Text Only),,,, (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
August 8, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Declaration #411 , Brief #412 , Declaration #410 , Memorandum #409 , Order (Text Only) 408 . (AKL)
August 7, 2017 Filing 412 BRIEF Plaintiff's post evidentiary supplemental brief with letter content embedded within filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) Elkharwily Declaration and exhibit lists, #3 Exhibit(s) # 1, #4 Exhibit(s) # 2, #5 Exhibit(s) # 3 insurance claim for theft of data and cos storing devices lapatop, #6 Exhibit(s) # 4, #7 Exhibit(s) # 5 Mr Wylie certification of compliance, #8 Exhibit(s) # 6, #9 Exhibit(s) # 7, #10 Exhibit(s) # 9, #11 Exhibit(s) # 11 Check made with certified mail, #12 Exhibit(s) # 12 Mayo owes plaintiff double the amount of the attorney fees, #13 Exhibit(s) # 13, #14 Exhibit(s) # 14)(Elkharwily, Alaa)
August 7, 2017 Filing 411 DECLARATION of Maureen Engelstad re #409 Memorandum by Mayo Clinic Health System - Albert Lea in support of Defendant's Post Evidentiary Hearing Memorandum in Support of its Motion to Show Cause. (Frohman, Charles)
August 7, 2017 Filing 410 DECLARATION of Charles G. Frohman re #409 Memorandum by Mayo Clinic Health System - Albert Lea in support of Defendant's Post Evidentiary Hearing Memorandum in support of its Motion to Show Cause. (Attachments: #1 Exhibit(s) 1-6)(Frohman, Charles)
August 7, 2017 Filing 409 MEMORANDUM re 401 Order (Text Only),,,,,, Defendant's Post Evidentiary Hearing Memorandum in Support of its Motion to Show Cause filed by Mayo Clinic Health System - Albert Lea.(Frohman, Charles)
August 7, 2017 Opinion or Order Filing 408 TEXT ONLY ORDER: Plaintiff Alaa E. Elkharwily ("Elkharwily") continues to communicate with Magistrate Judge Rau's chambers, particularly as it relates to his ongoing Eighth Circuit appeal. Elkharwily, however, has misconstrued the Courts Order regarding filing in his case. The Court has not barred Plaintiff from filing documents, but has restricted Elkharwily's filings in this case to documents specifically related to the matter presently before the Court. The parameters of these limitations are clearly identified in the Text Only Order Dated July 28, 2017 [Doc. No. 401]. Thus, by way of example, Elkharwily's pending appeal before the Eighth Circuit is not before the Court and the Court's limitations placed on Elkharwily in this case do not apply to that pending appeal. If Elkharwily has questions related to what can be filed with the Eighth Circuit, he should contact the Eighth Circuit Court of Appeals. Signed by Magistrate Judge Steven E. Rau on 8/7/2017. (JLW)
August 4, 2017 Filing 407 NOTICE to USCA of subsequent filing in a civil case, Re: Affidavit of Service #406 . (JDF)
August 4, 2017 Filing 405 NOTICE to USCA Re: Transcript, #404 sent conventionally. (LPH)
August 3, 2017 Filing 404 TRANSCRIPT of Evidentiary Hearing held on July 27, 2017 before Magistrate Judge Steven E. Rau. (94 pages). Court Reporter: Tim Willette. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.For information on redaction procedures, please review #Local Rule 5.5. Redaction Request due 8/24/2017. Redacted Transcript Deadline set for 9/5/2017. Release of Transcript Restriction set for 11/1/2017. (TJW)
August 3, 2017 Filing 403 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (TJW)
July 31, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Order (Text Only) 401 . (LPH)
July 28, 2017 Filing 402 TRANSCRIPT REQUEST by Mayo Clinic Health System - Albert Lea for an Expedited 7-Day Transcript of #399 Evidentiary Hearing,,,, to Court Reporter Tim Willette. (Frohman, Charles)
July 28, 2017 Opinion or Order Filing 401 TEXT ONLY ORDER: This matter is before the undersigned relating to the Court's instructions at the July 27, 2017, evidentiary hearing limiting Plaintiff Alaa E. Elkharwily's ("Elkharwily") filing activity until the resolution of Defendant Mayo Clinic Health System - Albert Lea's Motion for Contempt [Doc. No. 347] is decided. For clarity of the docket, both parties may file supplemental briefing as requested by the Court during the evidentiary hearing. In particular, the parties may submit additional evidence with the Court relating to whether Elkharwily has purged himself of the finding of contempt in the Honorable David S. Doty's Contempt Order. See (Order Dated Apr. 13, 2017, "Contempt Order") [Doc. No. 324]. By way of specific example, Elkharwily stated under oath that his computer had been stolen, which impacted his ability to certify compliance with the Contempt Order. Elkharwily may submit a police report or insurance claim to substantiate this assertion. The supplemental briefing may also include a letter describing to the Court why the evidence presented (both as part of the supplemental briefing and during the evidentiary hearing) suggests that Elkharwily has (or has not) purged himself of contempt. Conversely, nothing else may be filed until the R&R issues and anything not conforming with these instructions will be considered as not properly before the Court. As stated at the hearing, the parties are to submit their supplemental briefing on or before August 7, 2017. Signed by Magistrate Judge Steven E. Rau on 7/28/2017. (BDB)
July 28, 2017 Filing 400 NOTICE to USCA of subsequent filing in a civil case, Re: Exhibit #397 , Evidentiary Hearing, #399 , Exhibit #398 . (JDF)
July 28, 2017 Filing 396 PLACEHOLDER FOR A CD ATTACHMENT OF EXHIBIT 3 MOTION FOR CONTINUANCE filed by Plaintiff. CD RECEIVED CONVENTIONALLY IN CLERK'S OFFICE FILE ON 7/28/17. (kt) Sealed Per Order of Magistrate Judge Rau #432 dated 10/18/17. Modified text on 10/18/2017 (MKG). SEALED DOCUMENT FILED IN CLERK'S OFFICE. (kt)
July 28, 2017 Filing 395 EXHIBIT filed by Plaintiff. (kt)
July 28, 2017 Filing 394 PLACEHOLDER FOR A CD SHOWING AND ACCOUNTING FOR ALL OTHER NON PATIENT MEDICAL RECORDS filed by Plaintiff. CD RECEIVED CONVENTIONALLY IN CLERK'S OFFICE FILE ON 7/28/17. (Attachments: #1 Envelope)(kt) Sealed Per Order of Magistrate Judge Rau #432 dated 10/18/17. Modified text on 10/18/2017 (MKG). SEALED DOCUMENT FILED IN CLERK'S OFFICE. (kt)
July 28, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Exhibit #394 . (kt)
July 28, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Exhibit #395 , Exhibit #396 . (kt)
July 27, 2017 Filing 406 AFFIDAVIT of Service of Notices With Subpoena on party's counsel by Alaa E. Elkharwily. (JDF) Modified text on 8/4/2017 (JDF). Documents QC'd on 8/7/2017 (las).
July 27, 2017 Filing 399 Minute Entry for proceedings held before Magistrate Judge Steven E. Rau: Evidentiary Hearing held on 7/28/2017. An evidentiary hearing was held to determine whether Plaintiff Alaa E. Elkharwily (Elkharwily) had purged himself of contempt. See (Order Dated Apr. 13, 2017, the Honorable David S. Doty finding Elkharwily in contempt of the Court's protective order [Doc. No. #47 ) [Doc. No. #324 ]; (Order Dated May 26, 2017) (referring the evidentiary hearing to the Honorable Steven E. Rau) [Doc. No. #359 ]. The Court requested that the parties provide supplemental briefing on or before August 7, 2017, stating why the evidence presented at the hearing suggests that Elkharwily has (or has not) purged himself of contempt. The Court will take the matter under advisement at that time. Elkharwily also moved the Court for appointment of counsel. The Court will address Elkharwily's request in a subsequent order. Order to be issued. R&R to be issued. (Court Reporter Tim Willette) (JDF) Modified file date on 7/31/2017 (JDF).
July 27, 2017 Filing 398 PLACEHOLDER for 5 Cd's that were produced for "non patients" medical records and "non patient information" accounting for ALL there is that was produced by counsel to Plaintiff and his former counsel Mr. Wylie re: #387 MOTION for Continuance of evidentiary hearing scheduled July 27, 2017. (JDF) Modified text on 7/31/2017 (JDF). CDs received on 7/27/2017 (SAE). Document QC'd on 8/3/2017 (las).
July 27, 2017 Filing 397 EXHIBIT filed by Plaintiff. (JDF) Document QC'd on 8/3/2017 (las).
July 27, 2017 Opinion or Order Filing 393 TEXT ONLY ORDER: This matter is before the undersigned on Alaa E. Elkharwily's ("Elkharwily") Motion for Continuance #387 . Elkharwily's Motion for Continuance is DENIED. There is no reason to continue the hearing on the basis of Elkharwily's objection because the Honorable David S. Doty denied it. See (Order Dated July 27, 2017) [Doc. No. 391]. Furthermore, Elkharwily has received the benefit of a nearly six-week continuance and Elkharwily's assertions that Defendant Mayo Clinic Health System - Albert Lea did not provide the discovery that they allege does not form an independent basis to grant Elkharwily's Motion for Continuance. In other words, Elkharwily's assertions will be considered as part of the scheduled evidentiary hearing on the basis of the evidenced proffered by the parties. See (Text Only Order Dated June 5, 2017) [Doc. No. 372] (granting Elkharwily's prior Motion for Continuance [Doc. No. 368]). Signed by Magistrate Judge Steven E. Rau on 7/27/2017. (BDB)
July 27, 2017 Filing 392 PLACEHOLDER FOR A CD SHOWING AND ACCOUNTING FOR ALL OTHER NON PATIENT MEDICAL RECORDS PRODUCED BY DEFENDANTS AND COUNSEL filed by Plaintiff. (Attachments: #1 Envelope) CD FILED CONVENTIONALLY IN CLERK's OFFICE ON 7/27/17. (kt) Sealed Per Order of Magistrate Judge Rau #432 dated 10/18/17. Modified text on 10/18/2017 (MKG). SEALED DOCUMENT FILED IN CLERK'S OFFICE. (kt)
July 27, 2017 Opinion or Order Filing 391 ORDER denying APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION #386 to District Judge Signed by Senior Judge David S. Doty on July 27, 2017. (JRC)
July 27, 2017 Filing 390 MOTION to Dismiss for Lack of Prosecution and lack of evidence or any proof let alone by compelling and convincing standard and Plainitiff's response to defendants objection to subpeona for witnesses to testify regarding defendants' own claims filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) Elkharwily Decl. Exhibits list of exhibit 6, #3 Exhibit(s) # 6 email dated july 26 from Councel and defendats objecting to Plainitiff's subpoena for witnesses to testify regarding defendats own claims, #4 Exhibit(s) attachment of email ex 6)(Elkharwily, Alaa)
July 27, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Order on Motion for Continuance, 393 . (LPH)
July 27, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Motion to Dismiss/Lack of Prosecution,, #390 , Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge #391 , Exhibit #392 , Response in Opposition to Motion, #389 , Exhibit, #388 , Motion for Continuance #387 , Appeal/Objection of Magistrate Judge Decision to District Judge #386 . (kt)
July 26, 2017 Filing 389 RESPONSE in Opposition re #387 MOTION for Continuance of evidentiary hearing scheduled Jiuly 27, 2017 peding ruling of the district court of Objection/appeal ECf 386 and to recosider Magistrate Judge order considering the new compelling evidence contrary to defendants counsel cl filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
July 26, 2017 Filing 388 EXHIBIT # 5 of what appears a procedural tactic by counsel to avoid testifying per Subpoena served upon them re #387 MOTION for Continuance of evidentiary hearing scheduled Jiuly 27, 2017 peding ruling of the district court of Objection/appeal ECf 386 and to recosider Magistrate Judge order considering the new compelling evidence contrary to defendants counsel cl filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
July 26, 2017 Filing 387 MOTION for Continuance of evidentiary hearing scheduled Jiuly 27, 2017 peding ruling of the district court of Objection/appeal ECf 386 and to recosider Magistrate Judge order considering the new compelling evidence contrary to defendants counsel claims and allegations filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) Elkharwily Decl. Exhibits lists 1-5, #3 Exhibit(s) # 1 Plaintiff's former attorney Mr Wylie declaration asserting documents produced contrary to defendats and counsel claims, #4 Exhibit(s) # 2 Placeholder for an evidence cd accounting for all non medical records documents prodcued by defendants counsel, #5 Exhibit(s) # 3 part 1 of 3 copy of certified letters sent to defendants and counsel re all non medical douments produced and return of docs., #6 Exhibit(s) # 3 part 2 of 3 pics of envelops of certified mail and evidence of return, #7 Exhibit(s) # 3 part 3 of 3, #8 Exhibit(s) # 4 part 1 of 2 notices of Subpoena served by ECF DOC 385, certified mail, fax. Counsel never declined and actually many times accepted service and notices by email, #9 Exhibit(s) # 4 part 2 of 2 pics and proof of services and notices by certified mail, fax..in addition to emai)(Elkharwily, Alaa)
July 24, 2017 Filing 386 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 383 Order (Text Only),,,,, (Attachments: #1 Exhibit(s) elkharwily Decl and exhibit list 1-3, #2 Exhibit(s) # 1 letter of return of medical patinets records accounting for 3310 of all medical records prodcued by counsel and defendants, #3 Exhibit(s) #2 Placeholder for all non medical patient records produced by Defendats and counsel Cd is ent tot eh ocurt clerk via certified mail, #4 Exhibit(s) #3 Email chain and correspondence between plainitff, counsek, custodian of the reocrds, and counsel showing evidence of fraudulent concealment of records and deceit by counsel, #5 Exhibit(s) Email attachment 1 of Ex 3, #6 Exhibit(s) Email attachemnt 2 of Ex 3, #7 Exhibit(s) Email attachment 3 of Ex 3, #8 Exhibit(s) Email attachment 4 of Ex 3, #9 Exhibit(s) Email attachment 5 of Ex 5, #10 Exhibit(s) Email attachment 6 of Ex 6, #11 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
July 24, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Order (Text Only), 383 , Response, #379 , Letter to Magistrate Judge #382 , Letter to Magistrate Judge #384 , Notice (Other) #385 , Exhibit, #378 , Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge #380 , Appeal/Objection of Magistrate Judge Decision to District Judge, #377 , Letter to Magistrate Judge #381 . (LPH)
July 21, 2017 Filing 385 NOTICE by Alaa E. Elkharwily Subpoena to appear to testify to Ms Martin, Mr Frohman, Custodian of medical records of MCHSAL and Judge Schultz (Elkharwily, Alaa)
July 11, 2017 Opinion or Order Filing 383 TEXT ONLY ORDER: This matter is before the undersigned on letters received by the parties [Doc. Nos. 381, 382] requesting clarification to this Court's Order [Doc. No. 372]. This case is closed. See (Order Dated Feb. 5, 2015) [Doc. No. 242] (granting Defendant Mayo Clinic Health System - Albert Lea's Motion for Summary Judgment [Doc. No. 200]); (J. Dated Feb. 5, 2015) [Doc. No. 243]. The only matter before the Court is to determine whether Alaa E. Elkharwily ("Elkharwily") remains in contempt of court on the basis of his violation of the Court's Protective Order [Doc. No. 47]. See (Order Dated Apr. 13, 2017) [Doc. No. 324] (The Honorable David S. Doty holding Elkharwily in contempt); (Order Dated May 26, 2017) [Doc. No. 359] (referring the case to the undersigned for an evidentiary hearing to determine whether Elkharwily remains in contempt). Elkharwily is not entitled to the benefit of additional discovery because the only question before this Court is whether he is in possession of electronic or paper copies of documents that violate the Protective Order. This Court will not reopen discovery or provide Elkharwily the opportunity to depose anyone in this matter. Signed by Magistrate Judge Steven E. Rau on 7/11/2017. (BDB)
July 10, 2017 Filing 384 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily. (JDF) Document QC'd by JGK. Modified text on 7/19/2017 (JGK).
July 6, 2017 Filing 382 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily re counsel's letter dock doc 381. (Elkharwily, Alaa)
July 5, 2017 Filing 381 LETTER TO MAGISTRATE JUDGE by Mayo Clinic Health System - Albert Lea . (Frohman, Charles)
June 28, 2017 Opinion or Order Filing 380 ORDER overruling #377 ORDER RE: APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge. Signed by Senior Judge David S. Doty on 6/28/2017. (DLO)
June 27, 2017 Filing 379 RESPONSE re #377 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 372 Order (Text Only),,,,, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
June 19, 2017 Filing 378 EXHIBIT Ex # 2 re 377 Evidence of Fraud upon the court by Judge Schultz, counsel Martin and Frohman by fabricating evidence to procure Summary judgement re #377 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 372 Order (Text Only),,,,, filed by Alaa E. Elkharwily.(Elkharwily, Alaa)
June 19, 2017 Filing 377 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 372 Order (Text Only),,,,, (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) Elkharwily Decl. Exhibits lists 1-5, #3 Exhibit(s) # 1 email to court informing of filing motion to change venue, #4 Exhibit(s) # 4 transcript of hearing heald April 12 2017, #5 Exhibit(s) #3 anotehr evidence oc fraud upon the court by Mayo counsel Martin and frohman when Judge Scultz was the trial attorney, #6 #5 Judge Schultz stating he was involved in the case as os Juan 2017 and he will answer in court forum to accuations of fraud)(Elkharwily, Alaa)
June 14, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Order #356 , Transcript Request #369 , Letter to Magistrate Judge #374 , Notice of Hearing 362 , Request, #353 , Motion for Continuance, #368 , Order (Text Only), 372 , Response in Opposition to Motion, #354 , Memorandum in Opposition to Motion, #370 , Notice to Attorney, Declaration,, #360 , Affidavit in Opposition, #357 , Transcript,, #364 , Notice to Attorney 367 , Letter to District Judge #355 , Exhibit #365 , Notice of Filing of Official Transcript #363 , Transcript Request #361 , Memorandum #371 , Notice (Other) 358 , Notice of Cancelation/Rescheduling of Hearing 373 , Response #375 , Order #359 , Transcript,, #366 , Exhibit, #352 , Notice of Cancelation/Rescheduling of Hearing, 376 . (AKL)
June 13, 2017 Filing 376 TEXT ONLY ENTRY: NOTICE of RESCHEDULING of Hearing: 373 TEXT ONLY ENTRY: NOTICE of EVIDENTIARY HEARING: Evidentiary Hearing rescheduled for 7/17/2017 09:00 AM before Magistrate Judge Steven E. Rau is RESCHEDULED for 7/27/2017 02:00 PM in Courtroom 3A (STP) before Magistrate Judge Steven E. Rau. (JLW)
June 13, 2017 Filing 375 RESPONSE by Alaa E. Elkharwily re #374 Letter to Magistrate Judge re Defendats Counsel request to continue Evidentiary Hearing. (Elkharwily, Alaa)
June 12, 2017 Filing 374 LETTER TO MAGISTRATE JUDGE by Mayo Clinic Health System - Albert Lea regarding hearing date. (Frohman, Charles)
June 6, 2017 Filing 373 TEXT ONLY ENTRY: NOTICE of RESCHEDULING EVIDENTIARY HEARING: Evidentiary Hearing set for 6/6/2017 02:00 PM before Magistrate Judge Steven E. Rau is RESCHEDULED for 7/17/2017 09:00 AM in Courtroom 3A (STP) before Magistrate Judge Steven E. Rau. (JLW)
June 5, 2017 Opinion or Order Filing 372 TEXT ONLY ORDER: This matter is before the Court on Alaa E. Elkharwily's Motion for Continuance of Scheduled Evidentiary Hearing Scheduled on June 6, 2017 and to Permit Specific Requests of Discovery ("Motion for Continuance") [Doc. No. 368]. Elkharwily requests time to determine the status of various documents that are at issue in Mayo Clinic Health System - Albert Lea's Motion to Hold Plaintiff in Contempt [Doc. No. 347]. See (Mot. for Continuance at 2-3). The purpose of the evidentiary hearing is to establish a fullsome findings of fact and conclusions of law. As a result, Elkharwily's Motion for Continuance is granted in part and denied in part. This Court grants Elkharwily's request for the sole purpose of ascertaining the status of the produced documents and his Motion for Continuance is denied in all other respects. The Court will issue a subsequent order rescheduling the hearing and both parties are required to appear before the undersigned at that time. The Court will not consider any additional motions until after the Honorable David S. Doty issues an Order on Mayo Clinic Health System - Albert Lea's Motion to Hold Plaintiff in Contempt. Signed by Magistrate Judge Steven E. Rau on 6/05/2017. (BDB)
June 5, 2017 Filing 371 RESPONSE re #370 MEMORANDUM in Opposition re 368 MOTION for Continuance of evidentiary hearing , filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa) Modified text on 6/6/2017 (LPH).
June 5, 2017 Filing 370 MEMORANDUM in Opposition re #368 MOTION for Continuance of evidentiary hearing scheduled June 6, 2017 and to permit specific discovery requests filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
June 2, 2017 Filing 369 TRANSCRIPT REQUEST by Mayo Clinic Health System - Albert Lea for an Expedited 14-Day Transcript of 322 Motion Hearing,, to Court Reporter Renee Rogge. (Frohman, Charles)
June 2, 2017 Filing 368 MOTION for Continuance of evidentiary hearing scheduled June 6, 2017 and to permit specific discovery requests filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Elkharwily Decl. and Exhibit 1, #2 LR7.1/LR72.2 Word Count Compliance Certificate certificate of compliance)(Elkharwily, Alaa)
June 2, 2017 Filing 367 TEXT ONLY ENTRY: NOTICE TO ATTORNEY OF CHANGE IN LOCATION: Evidentiary Hearing set for 6/6/2017 at 2:00 p.m. before Magistrate Judge Steven E. Rau has been moved to the Devitt Courtroom (STP). This is a location change only. (JLW)
May 31, 2017 Filing 366 CORRECTED Version of previously filed TRANSCRIPT #364 Motions Hearing held on 4-12-2017 before Senior Judge David S. Doty. (40 pages). Court Reporter: Renee Rogge. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.For information on redaction procedures, please review #Local Rule 5.5. Redaction Request due 6/21/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/29/2017. (RAR)
May 30, 2017 Filing 365 PLACEHOLDER FOR ATTACHMENT FOR NOTICE OF COMPLIANCE FOR DOC FILED ON MAY 25, 2017 filed by Plaintiff. (Attachments: #1 Envelope) CD RETAINED CONVENTIONALLY IN CLERK'S OFFICE FILE ON 5/30/17.(AKL) Sealed Per Order of Magistrate Judge Rau #432 dated 10/18/17. Modified text on 10/18/2017 (MKG). DOCUMENT FILED UNDER SEAL IN CLERK'S OFFICE. (kt)
May 30, 2017 Filing 364 TRANSCRIPT of Motions Hearing held on 4-12-2017 before Senior Judge David S. Doty. (40 pages). Court Reporter: Renee Rogge. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.For information on redaction procedures, please review #Local Rule 5.5. Redaction Request due 6/20/2017. Redacted Transcript Deadline set for 6/30/2017. Release of Transcript Restriction set for 8/28/2017. (RAR)
May 30, 2017 Filing 363 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (RAR)
May 30, 2017 Filing 362 TEXT ONLY ORDER: NOTICE of Setting EVIDENTIARY HEARING: Evidentiary Hearing set for 6/6/2017 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Steven E. Rau. (JLW)
May 29, 2017 Filing 361 TRANSCRIPT REQUEST by Alaa E. Elkharwily for an Expedited 7-Day Transcript of 322 Motion Hearing,, to Court Reporter Renee Rogge. (Elkharwily, Alaa)
May 27, 2017 Filing 360 DECLARATION of Alaa Elkharwily re #354 Response in Opposition to Motion, by Alaa E. Elkharwily Supplemental Ex 7 copies of certified mail of return of docs and certificate of return and destructio per court order. (Attachments: #1 Exhibit(s) email chain and statement of return adn destrcution of confidential docs re full compliance, #2 Exhibit(s) copy of letter encolsed sent to defendats and counsel, #3 Exhibit(s) copy of certified mail sent containing return of docs per court order, #4 Exhibit(s) pics of dvds sent and returned to defendats and counsel)(Elkharwily, Alaa)
May 26, 2017 Opinion or Order Filing 359 ORDER Postponing Hearing on Motion for Contempt and Referring Matter to Magistrate Judge Steven E. Rau for Evidentiary Hearing. Signed by Senior Judge David S. Doty on May 26, 2017. (JRC)
May 26, 2017 Filing 358 TEXT ONLY ENTRY - Judge David S. Doty is hereby ordering that the Clerk of Court assign a Magistrate Judge to this case today.(CLB)
May 26, 2017 Filing 357 RESPONSE in Opposition re #355 LETTER TO DISTRICT JUDGE Plaintiff's response to Defendants letter re request hearing by phone. (Attachments: #1 Exhibit(s) memo for renewed motion to stay for convenience of the court, #2 Exhibit(s) tenewed motion to stay as attachment for convenience of the court)(Elkharwily, Alaa) Modified text on 5/30/2017 (LPH).
May 26, 2017 Opinion or Order Filing 356 ORDER re #353 Request to appear by telephone filed by Alaa E. Elkharwily. Signed by Senior Judge David S. Doty on 5/26/2017. (DLO)
May 26, 2017 Filing 355 LETTER TO DISTRICT JUDGE by Mayo Clinic Health System - Albert Lea - Defendant's response to Plaintiff's request to hold May 30, 2017 hearing by phone. (Frohman, Charles)
May 26, 2017 Filing 354 RESPONSE in Opposition re #347 MOTION for Contempt notice of compliance of Plaintiff per court order filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Elkharwily Decl and exhibits 1-7, #2 Exhibit(s) Elkharwily Decl exhibit 7 lcertified letter of returns and destruction of patient medical files per court order, #3 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
May 26, 2017 TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. Due to the retirement of Magistrate Judge Jeffrey J. Keyes, this case is reassigned to Magistrate Judge Steven E. Rau. NOTE: the new case number is 12-cv-3062 DSD/SER. Please use this case number for all subsequent pleadings. (LPH)
May 22, 2017 Filing 353 REQUEST to hold hearing scheduled May 30 by phone, if hearing is necessary by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Plaintiff's Decl. and exhibits 1-2 in support for request to hold hearing by phone if necessary)(Elkharwily, Alaa)
May 15, 2017 Filing 352 PLACEHOLDER FOR APENDIX ATTACHMENT OF REQUEST TO WITHDRAW FALSE EVIDENCE OF LETTER TO JUDGE DOTY RE DOCKET DOC 343 filed by Plaintiff. (Attachments: #1 Envelope)(kt) CD RETAINED CONVENTIONALLY IN CLERK'S OFFICE FILE ON 5/15/17. (kt) DOCUMENT QC'd by KT on 5/18/17. (kt) Sealed Per Order of Magistrate Judge Rau #432 dated 10/18/17. Modified text on 10/18/2017 (MKG). DOCUMENT FILED UNDER SEAL IN CLERK'S OFFICE. (kt)
May 12, 2017 Filing 351 PROPOSED ORDER TO JUDGE re #347 MOTION for Contempt filed by Mayo Clinic Health System - Albert Lea.(Frohman, Charles)
May 12, 2017 Filing 350 DECLARATION of Charles G. Frohman in SUPPORT OF #347 MOTION for Contempt filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Frohman, Charles) Modified text on 5/12/2017 (kt).
May 12, 2017 Filing 349 MEMORANDUM in Support re #347 MOTION for Contempt filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
May 12, 2017 Filing 348 NOTICE OF HEARING ON MOTION #347 MOTION for Contempt : Motion Hearing set for 5/30/2017 01:30 PM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Frohman, Charles) Modified text on 5/15/2017 (LPH).
May 12, 2017 Filing 347 MOTION for Contempt filed by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
May 12, 2017 Opinion or Order Filing 346 ORDER denying re #345 Request for clarification of the court's April 13, 2017 order filed by Alaa E. Elkharwily. Signed by Senior Judge David S. Doty on 5/12/2017. (DLO)
May 12, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Certificate of Service #339 , Request, #343 , Affidavit in Opposition #342 , Objection #341 , Request #345 , Order #344 , Clerk's Notice - Application for Pro Se E-Filer, #340 , Declaration in Support #336 , Declaration, #338 . (kt)
May 12, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Motion for Contempt #347 , Proposed Order to Judge #351 , Affidavit in Support of Motion #350 , Notice of Hearing on Motion #348 , Memorandum in Support of Motion #349 . (kt)
May 12, 2017 NOTICE to USCA of subsequent filing in a civil case, Re: Order #346 . (kt)
May 11, 2017 Filing 345 REQUEST for clarification of order dated April 13, 2017 as law enforcement want to see patients documents as evidence for possible crimes by Alaa E. Elkharwily. (Elkharwily, Alaa)
May 3, 2017 Opinion or Order Filing 344 ORDER denying re #343 Request made to Judge Doty requesting Counsel Frohman, Martin, and Judge Schultz withdraw false evidence from each federal court, filed by Alaa E. Elkharwily. Signed by Senior Judge David S. Doty on 5/3/2017. (DLO)
May 2, 2017 Filing 343 REQUEST made to Judge Doty requesting Counsel Frohman, Martin, and Judge Schultz withdraw false evidence from each federal court by Alaa E. Elkharwily. (Attachments: #1 Appendix documnt referred to in the request made to Judge Doty on April 24,2017, #2 Exhibit(s) exhibits attached to document referred to)(Elkharwily, Alaa)
May 2, 2017 Filing 342 DECLARATION in Opposition re #341 Objection with attached exhibits filed by Plaintiff. (Elkharwily, Alaa) Modified on 5/4/2017 (AKL).
May 2, 2017 Filing 341 OBJECTION re #338 Declaration, memo in opoosition to Attorney fees and cost. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Elkharwily, Alaa)
May 2, 2017 Filing 340 Clerk's Notice of APPLICATION FOR PRO SE LITIGANT TO FILE ELECTRONICALLY. Alaa E. Elkharwily is GRANTED e-filing privileges in this case. Pursuant to F.R.Cv.P. Rule 5 and 7(d), Alaa E. Elkharwily has consented to electronic service and has agreed to waive service by other means for all subsequent filings in this case, except when electronic service is not allowed under the rules. (JGK)
April 28, 2017 Filing 339 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #338 Declaration, (Frohman, Charles)
April 28, 2017 Filing 338 DECLARATION of Charles G. Frohman re #324 Order on Motion to Compel, Order on Motion to Transfer/Change Venue, Order on Motion for Order to Show Cause by Mayo Clinic Health System - Albert Lea (Declaration in Support of Request for Fees and Costs. (Attachments: #1 Exhibit(s) A)(Frohman, Charles)
April 24, 2017 Opinion or Order Filing 337 ORDER of USCA as to #331 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. Appellants motion for stay has been considered by the court and is denied. (received electronically from COA) (JDF)
April 17, 2017 Filing 335 USCA Case Number 17-1811 for #331 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. (JDF)
April 17, 2017 Filing 334 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit #331 . (LPH) cc: Elkharwily
April 14, 2017 Opinion or Order Filing 333 ORDER denying #327 Motion to Stay Signed by Senior Judge David S. Doty on April 14, 2017. (JRC) cc: Elkharwily on 4/17/2017 (LPH).
April 14, 2017 Filing 332 RECEIPT number 44641093291 in the amount of $505.00 issued to Alaa Elkharwily. (LPH) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 14, 2017 Filing 331 NOTICE OF APPEAL TO 8TH CIRCUIT as to #324 Order on Motion to Compel, Order on Motion to Transfer/Change Venue, Order on Motion for Order to Show Cause by Alaa E. Elkharwily. (LPH) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 14, 2017 Filing 330 LR 7.1 WORD COUNT COMPLIANCE CERTIFICATE re #327 MOTION to Stay re #324 Order on Motion to Compel, Order on Motion to Transfer/Change Venue, Order on Motion for Order to Show Cause by Alaa E. Elkharwily. (LPH) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 14, 2017 Filing 329 Declaration of Alaa E. Elkharwily in Support of #327 MOTION to Stay re #324 Order on Motion to Compel, Order on Motion to Transfer/Change Venue, Order on Motion for Order to Show Cause filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) 1)(LPH) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 14, 2017 Filing 328 NOTICE of Emergency Motion to Stay District Order Entered April 13, 2017 Pending Appeal by Alaa E. Elkharwily. (LPH) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 14, 2017 Filing 327 MOTION and Memorandum to Stay re #324 Order on Motion to Compel, Order on Motion to Transfer/Change Venue, Order on Motion for Order to Show Cause filed by Alaa E. Elkharwily. (LPH) Modified text on 4/17/2017 (LPH). Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 13, 2017 Opinion or Order Filing 324 ORDER denying #301 Motion to Compel; denying #309 Motion to Transfer/Change Venue; granting #285 Motion for Order to Show Cause(Written Opinion) Signed by Senior Judge David S. Doty on April 13, 2016. (JRC)
April 12, 2017 Filing 336 SEALED DECLARATION OF ALAA E. ELKHARWILY AND ATTACHED MISSED PARTS OF EXHIBITS 7 AND EXHIBIT 17 filed by Plaintiff. DOCUMENT SEALED PER JUDGE DOTY'S CHAMBERS DUE TO PERSONAL IDENTIFIERS. (kt) (Additional attachment(s) added on 5/18/2017: #1 Rescanned in color) (kt). Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 12, 2017 Filing 326 REPLY re #315 Memorandum in Opposition to Motion to Change Venue filed by Alaa E. Elkharwily.(LPH) DOCUMENT QC'd by KT on 5/18/17. (kt)
April 12, 2017 Filing 325 DECLARATION EXHIBIT 14 (FILING WITH THE SUPREME COURT AN EXAMPLE OF FRAUD ON THE COURT BY COUNSEL INCLUDING JUDGE SCHULTZ) THAT WAS FILED IN ERROR IN PLACE OF EXHIBHT 9 OF DOCUMENT #308 IN SUPPORT FOR MOTION TO CHANGE/TRANSFER VENUE by Alaa E. Elkharwily. (JDF) DOCUMENT QC'd by KT on 5/18/17. (kt)
April 12, 2017 Filing 323 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #315 Memorandum in Opposition to Motion, #316 Declaration in Opposition (Frohman, Charles)
April 12, 2017 Filing 322 TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Alaa Elkharwily, pro se and on his own behalf & Charles Frohman & Joanne Martin, on behalf of the defendant. Motion Hearing held on 4/12/2017 re #301 MOTION to Compel filed by Alaa E. Elkharwily, #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea, #309 MOTION to Transfer/Change Venue filed by Alaa E. Elkharwily - argued and taken under advisement. Order to issued. TIME IN COURT: 54 minutes. (Court Reporter Renee Rogge) (CLB)
April 12, 2017 Filing 321 DOCUMENT FILED IN ERROR: DUPLICATE ENTRY. DECLARATION of ALAA E. ELKHARWILY AND ATTACHED MISSED PARTS OF EXHIBITS 7 AND EXHIBIT 17. (JDF) DOCUMENT SEALED PER JUDGE DOTY'S CHAMBERS DUE TO PERSONAL IDENTIFIERS. (kt) Modified on 4/19/2017 (kt).
April 12, 2017 Filing 320 DECLARATION EXHIBIT 14 (FILING WITH THE SUPREME COURT AN EXAMPLE OF FRAUD ON THE COURT BY COUNSEL INCLUDING JUDGE SCHULTZ) THAT WAS FILED IN ERROR IN PLACE OF EXHIBIT 9 OF DOCUMENT #308 IN SUPPORT FOR MOTION TO CHANGE/TRANSFER VENUE by Alaa E. Elkharwily. (JDF) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 12, 2017 Filing 319 DECLARATION EXHIBIT 9 (MAYO LEGAL POLICY FOR REPORTING PATIENT SAFETY AMD MALTREATMENT OF VULNERABLE ADULT) THAT THAT FILED IN ERROR IN PLACE OF EXHIBIT 14 OF DOCUMENT #308 IN SUPPORT OF MOTION TO CHANGE/TRANSFER VENUE by Alaa E. Elkharwily. (JDF) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 12, 2017 Filing 318 PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION FOR MOTION TO CHANGE/TRANSFER VENUE #315 Memorandum in Opposition to Motion. (JDF) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 11, 2017 Filing 317 PLACEHOLDER for Exhibit filed by Plaintiff. EXHIBIT RECEIVED CONVENTIONALLY IN CLERK'S OFFICE FILE ON 4/11/17. (kt)
April 11, 2017 Filing 316 DECLARATION of Charles G. Frohman in Opposition to #309 MOTION to Transfer/Change Venue filed by Mayo Clinic Health System - Albert Lea.(Frohman, Charles)
April 11, 2017 Filing 315 MEMORANDUM in Opposition re #309 MOTION to Transfer/Change Venue filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
April 11, 2017 Filing 314 MEET and CONFER STATEMENT re #309 Motion to Transfer/Change Venue filed by Alaa E. Elkharwily.(JDF) Document QCd by mkg. Modified text on 5/24/2017 (MKG).
April 10, 2017 Filing 313 NOTICE/E-MAIL to Judge Doty by Alaa E. Elkharwily re #310 Notice of Hearing on Motion, #309 MOTION to Transfer/Change Venue, #312 LR7.1/LR72.2 Word Count Compliance Certificate, #311 Notice (Other) (JDF) Qc'd on 5/16/2017 (KNK).
April 10, 2017 Filing 312 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Alaa E. Elkharwily re #306 Response. (JDF) Qc'd on 5/16/2017 (KNK).
April 10, 2017 Filing 311 LR 7.1(f) and LR7.1(H) Certificate of Compliance for Motion for Change of Venue re #307 MEMORANDUM FOR CHANGE OF VENUE by Alaa E. Elkharwily (JDF)
April 10, 2017 Filing 310 NOTICE OF HEARING ON MOTION #309 MOTION to Transfer/Change Venue : Motion Hearing set for 4/12/2017 10:30 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (JDF) Modified file date on 4/11/2017 (JDF). Qc'd on 5/16/2017 (KNK). Qc'd on 5/16/2017 (KNK).
April 10, 2017 Filing 309 MOTION to Transfer/Change Venue filed by Alaa E. Elkharwily. (JDF) Qc'd on 5/16/2017 (KNK).
April 6, 2017 Filing 308 DECLARATION of Alaa E. Elkharwily by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) 1-18)(JDF) DOCUMENTS SEALED DUE TO PERSONAL IDENTIFIERS PER JUDGE DOTY'S CHAMBERS. (kt) Document QC'd on 4/21/2017 (las).
April 6, 2017 Filing 307 MEMORANDUM FOR CHANGE OF VENUE filed by Alaa E. Elkharwily. (JDF) Modified text on 4/10/2017 (JDF). Document QC'd on 4/21/2017 (las).
April 6, 2017 Filing 306 RESPONSE TO DEFENDANT'S MOTION FOR HEARING TO SHOW CAUSE AND ENFORCE DESTRUCTION OF DOCUMENTS re #285 filed by Alaa E. Elkharwily.(JDF) Document QC'd on 4/21/2017 (las).
March 24, 2017 Filing 305 Reply to Response to Motion re #301 MOTION to Compel filed by Alaa E. Elkharwily.(AKL) DOCUMENT QC'd by KT on 3/27/17. (kt)
March 21, 2017 Filing 304 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #303 Memorandum in Opposition to Motion, (Frohman, Charles)
March 21, 2017 Filing 303 MEMORANDUM in Opposition re #301 MOTION to Compel (to Dismiss or Compel Defendant to Produce Evidence) filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
March 21, 2017 Filing 302 DECLARATION of Alaa E. Elkharwily in SUPPORT OF #301 MOTION to Dismiss or Compel Defendant to Produce Evidence filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) 1-2)(JDF) Modified text on 3/21/2017 (JDF). DOCUMENT QC'd by KT on 3/22/17. (kt)
March 20, 2017 Filing 301 MOTION to Dismiss or Compel Defendant to Produce Evidence filed by Alaa E. Elkharwily. (JDF) Modified file date on 3/21/2017 (JDF). DOCUMENT QC'd by KT on 3/22/17. (kt)
March 9, 2017 Filing 300 PLAINTIFF'S REPLY re #296 MOTION for Continuance Without Waiving Rights for Dismissal for Lack of Proper Service or Any Other Reason filed by Alaa E. Elkharwily.(JDF) Modified text on 3/13/2017 (JDF). Document QC'd on 4/21/2017 (las).
March 8, 2017 Opinion or Order Filing 299 ORDER granting #296 Motion for Continuance Signed by Senior Judge David S. Doty on 3/8/2017. (DLO)
March 8, 2017 Filing 298 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #297 Memorandum in Opposition to Motion on Plaintiff Alaa E. Elkharwily, M.D. (Frohman, Charles)
March 8, 2017 Filing 297 MEMORANDUM in Opposition re #296 MOTION for Continuance filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
March 7, 2017 Filing 296 MOTION for Continuance Without Waiving Rights for Dismissal for Lack of Proper Service or Any Other Reason filed by Alaa E. Elkharwily. (JDF) Document QC'd on 4/21/2017 (las).
March 3, 2017 Filing 295 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #288 Declaration in Support, #294 Certificate of Service on Proposed Order, #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents, #292 Declaration in Support, #290 Declaration in Support, #287 Memorandum in Support of Motion, #293 Meet and Confer Statement, #289 Declaration in Support, #291 Declaration in Support, #286 Notice of Hearing on Motion, Upon Plaintiff Alaa E. Elkharwily (Frohman, Charles)
March 3, 2017 Filing 294 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mayo Clinic Health System - Albert Lea re #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents (Frohman, Charles)
March 3, 2017 Filing 293 MEET and CONFER STATEMENT re #285 Motion for Order to Show Cause, filed by Mayo Clinic Health System - Albert Lea.(Frohman, Charles)
March 3, 2017 Filing 292 Declaration of Richard E. Sydnes in Support of #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A)(Frohman, Charles)
March 3, 2017 Filing 291 Declaration of Debra A. Arnold in Support of #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea.(Frohman, Charles)
March 3, 2017 Filing 290 Declaration of Jennifer J. Radtke, L.S.W. in Support of #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1 - 2)(Frohman, Charles)
March 3, 2017 Filing 289 Declaration of Joanne L. Martin in Support of #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1 - 3)(Frohman, Charles)
March 3, 2017 Filing 288 Declaration of Charles G. Frohman in Support of #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1 - 13)(Frohman, Charles)
March 3, 2017 Filing 287 MEMORANDUM in Support re #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
March 3, 2017 Filing 286 NOTICE OF HEARING ON MOTION #285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents : Motion Hearing set for 3/17/2017 09:30 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Frohman, Charles) Modified text on 3/3/2017 (LPH).
March 3, 2017 Filing 285 MOTION for Order to Show Cause Why Plaintiff Should Not be Found in Contempt for Violating the Protective Order, and to Compel the Immediate Return of Confidential Documents filed by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
January 27, 2017 Filing 284 NOTICE OF SUPREME COURT OF THE UNITED STATES: The Petition for a writ of certiorari is denied. (MMP)
November 18, 2016 Filing 283 NOTICE OF FILING PETITION FOR CERTIORARI. The petition for a writ of certiorari is denied. (JDF)
October 12, 2016 Filing 282 NOTICE. The petition for a writ of certiorari in the above entitled case was filed on September 23, 2016 and placed on the docket September 28, 2016 as No. 16-403. (JDF)
July 15, 2016 Filing 281 Appeal Record Returned: Transcript 5 volumes. (JDF) Document QC'd on 7/25/2016 (JGK).
July 5, 2016 Filing 280 MANDATE of USCA as to #245 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily (received electronically from COA) (JDF)
June 27, 2016 Opinion or Order Filing 279 ORDER of USCA as to 245 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily. The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. (received electronically from COA) (JDF) Modified text on 6/29/2016 (JDF).
June 14, 2016 Opinion or Order Filing 278 ORDER of USCA as to #245 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily. (received electronically from COA) (LPH)
May 23, 2016 Filing 277 USCA JUDGMENT as to #245 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily (received electronically from COA) (JDF)
May 20, 2016 Filing 276 Opinion of USCA as to #245 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily (JDF)
June 22, 2015 Filing 275 TEXT ONLY ENTRY - Please be advised the Order to Show Cause Hearing set 6/25/2015 at 9:00 a.m. before Judge David S. Doty, in Courtroom 14W, Minneapolis, MN is hereby stricken from the Court's calendar. (CLB)
June 22, 2015 Filing 274 LETTER TO DISTRICT JUDGE by Mayo Clinic Health System - Albert Lea Letter to Judge Doty re: Order #272. (Frohman, Charles)
June 17, 2015 Filing 273 LETTER TO DISTRICT JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
June 17, 2015 NOTICE to USCA of subsequent filing in a civil case, Re: Motion for Miscellaneous Relief #268 , Declaration in Support #269 , Memorandum in Support of Motion #271 , Order on Motion for Miscellaneous Relief #272 , Letter to District Judge #273 . (lmb)
May 22, 2015 Opinion or Order Filing 272 ORDER granting #268 Motion for order to show cause. Signed by Senior Judge David S. Doty on 5/22/2015. (PJM)
May 21, 2015 Filing 271 MEMORANDUM in Support re #268 MOTION for Order to Show Cause and Memorandum in Support filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Amended)(Frohman, Charles)
May 20, 2015 Filing 270 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mayo Clinic Health System - Albert Lea re #268 MOTION for Order to Show Cause and Memorandum in Support (Frohman, Charles)
May 20, 2015 Filing 269 Declaration of Charles G. Frohman in Support of #268 MOTION for Order to Show Cause and Memorandum in Support filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1 - 4)(Frohman, Charles)
May 20, 2015 Filing 268 MOTION for Order to Show Cause and Memorandum in Support by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
May 20, 2015 Filing 267 NOTICE to USCA of subsequent filing in a civil case, Re: Transcript #133 , Transcript #264 , Transcript #263 , Transcript #241 , Transcript #262 . (kt)
May 6, 2015 Opinion or Order Filing 266 ORDER of USCA as to #245 Notice of Appeal to 8th Circuit filed by Alaa E. Elkharwily. Appellant's motion to file an over-length brief is granted in part. Brief of 17,000 words may be filed. (received electronically from COA) (ALM)
May 1, 2015 Opinion or Order Filing 265 ORDER granting #257 Motion for Review of Taxation of Costs (Written Opinion). Signed by Senior Judge David S. Doty on 5/1/2015. (PJM)
April 29, 2015 Filing 264 TRANSCRIPT of Motions Hearing held on 12/11/2014 before Magistrate Judge Jeffrey J. Keyes. (21 pages). Transcriber: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov / Telephone: 612-664-5104). Redaction Request due 5/20/2015. Redacted Transcript Deadline set for 6/1/2015. Release of Transcript Restriction set for 7/28/2015. For information on redaction procedures, please review #Local Rule 5.5. (LAS)
April 29, 2015 Filing 263 TRANSCRIPT of Motions Hearing held on 04/18/2014 before Magistrate Judge Jeffrey J. Keyes. (37 pages). Transcriber: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov / Telephone: 612-664-5104). Redaction Request due 5/20/2015. Redacted Transcript Deadline set for 6/1/2015. Release of Transcript Restriction set for 7/28/2015. For information on redaction procedures, please review #Local Rule 5.5. (LAS)
April 29, 2015 Filing 262 TRANSCRIPT of Motions Hearing held on 01/23/2014 before Magistrate Judge Jeffrey J. Keyes. (26 pages). Transcriber: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov / Telephone: 612-664-5104). Redaction Request due 5/20/2015. Redacted Transcript Deadline set for 6/1/2015. Release of Transcript Restriction set for 7/28/2015. For information on redaction procedures, please review #Local Rule 5.5. (LAS)
April 29, 2015 Filing 261 NOTICE of Filing of Official Transcript. This filing has 3 transcript(s) associated with it. (LAS)
April 27, 2015 Filing 260 MEMORANDUM in Opposition re #257 MOTION for Review of Taxation of Costs filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
April 21, 2015 Filing 259 Declaration of Charles G. Frohman in Support of #257 MOTION for Review of Taxation of Costs filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A)(Frohman, Charles)
April 21, 2015 Filing 258 MEMORANDUM in Support re #257 MOTION for Review of Taxation of Costs filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
April 21, 2015 Filing 257 MOTION for Review of Taxation of Costs by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
April 20, 2015 Filing 256 TRANSCRIPT of Motions Hearing held on 2/22/2013 before Senior Judge David S. Doty. (25 pages). Court Reporter: Debra Beauvais (E-mail: Debra_Beauvais@mnd.uscourts.gov / Telephone: 612-664-5102). Redaction Request due 5/11/2015. Redacted Transcript Deadline set for 5/21/2015. Release of Transcript Restriction set for 7/20/2015. For information on redaction procedures, please review #Local Rule 5.5. (DKB)
April 20, 2015 Filing 255 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (DKB)
April 10, 2015 Filing 254 COST JUDGMENT in favor of Mayo Clinic Health System - Albert Lea against Alaa E. Elkharwily (Attachments: #1 Taxation of Costs Summary)(TP)
March 30, 2015 Filing 253 TRANSCRIPT REQUEST by Alaa E. Elkharwily for proceedings held on 1/16/2015 before Judge Doty. (Wylie, Richard)
March 30, 2015 Filing 252 TRANSCRIPT REQUEST by Alaa E. Elkharwily for proceedings held on 1/23/2014; 4/18/2014; 12/11/2014 before Judge Keyes. (Wylie, Richard)
March 30, 2015 Filing 251 TRANSCRIPT REQUEST by Alaa E. Elkharwily for proceedings held on 2/22/2013 before Judge Doty. (Wylie, Richard)
March 9, 2015 Filing 250 Response to Objection to Bill of Costss re #244 Bill of Costs by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
March 6, 2015 Filing 249 USCA Case Number 15-1492 for #245 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily. (lmb)
March 5, 2015 Filing 248 OBJECTION to Bill of Costs re #244 Bill of Costs by Alaa E. Elkharwily. (Wylie, Richard)
March 5, 2015 Filing 247 TRANSMITTAL OF APPEAL LETTER TO U.S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit #245 . (lmb)
March 4, 2015 Filing 246 USCA Appeal Fees received $ 505 receipt number 44641082433 re #245 Notice of Appeal to 8th Circuit, filed by Alaa E. Elkharwily (kt)QC'd on 3/5/2015 (AKL).
March 4, 2015 Filing 245 NOTICE OF APPEAL TO 8TH CIRCUIT as to #243 Judgment, #242 Order on Motion to Exclude Expert Testimony,, Order on Motion for Summary Judgment,, Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge, by Alaa E. Elkharwily. (kt) QC'd on 3/5/2015 (AKL).
February 19, 2015 Filing 244 BILL OF COSTS by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) Declaration of Charles G. Frohman in Support of Defendant's Bill of Costs)(Frohman, Charles)
February 5, 2015 Filing 243 JUDGMENT (Attachments: #1 Civil Notice - appeal)(LPH)
February 5, 2015 Opinion or Order Filing 242 ORDER denying as moot #193 Motion to Exclude Expert Testimony; granting #200 Motion for Summary Judgment; overruling plaintiff's objections to #213 ORDER RE: APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge (Written Opinion). Signed by Senior Judge David S. Doty on 2/5/2015. (PJM)
January 27, 2015 Filing 241 TRANSCRIPT of Motions Hearing held on 1/16/2015 before Senior Judge David S. Doty. (35 pages). Court Reporter: Staci Heichert (E-mail: Staci_Heichert@mnd.uscourts.gov / Telephone: 612-664-5105). Redaction Request due 2/17/2015. Redacted Transcript Deadline set for 2/27/2015. Release of Transcript Restriction set for 4/27/2015. For information on redaction procedures, please review #Local Rule 5.5. (SAH)
January 27, 2015 Filing 240 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (SAH)
January 27, 2015 Filing 239 DOCUMENT FILED IN ERROR // NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (SAH) Modified text on 1/27/2015 (LPH).
January 16, 2015 Filing 238 TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Richard Wylie for plaintiff; David Schultz, Charles Frohman, Joanne Martin for defendants; Motion Hearing held on 1/16/2015 re #200 MOTION for Summary Judgment filed by Mayo Clinic Health System - Albert Lea & #193 MOTION to Exclude Expert Testimony filed by Mayo Clinic Health System - Albert Lea-argued and taken under advisement. Order to be issued. (Court Reporter Staci Heichert) (CLB)
January 14, 2015 Filing 237 DECLARATION of Richard Wylie in Opposition to #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Ex. PP with redaction in Ex. C [224-3], #2 Exhibit(s) Ex. QQ with redaction in Ex. W [226-1], #3 Exhibit(s) Ex. RR with redaction in Ex. MM [226-4], #4 Exhibit(s) Ex. SS with redaction in Ex. Q [225-3])(Wylie, Richard)
January 14, 2015 Filing 236 DECLARATION of Richard Wylie in Opposition to #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Ex. NN re redaction of Ex. A in 224-1, #2 Exhibit(s) Ex. OO re redaction of Ex. B in 224-2)(Wylie, Richard)
January 12, 2015 Filing 235 LETTER TO DISTRICT JUDGE by Mayo Clinic Health System - Albert Lea . (Frohman, Charles)
January 12, 2015 Filing 234 Declaration of Charles G. Frohman in Support of #233 Reply, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 78, #2 Exhibit(s) 79, #3 Exhibit(s) 80, #4 Exhibit(s) 81, #5 Exhibit(s) 82, #6 Exhibit(s) 83, #7 Exhibit(s) 84, #8 Exhibit(s) 85, #9 Exhibit(s) 86)(Frohman, Charles)
January 12, 2015 Filing 233 REPLY re #200 MOTION for Summary Judgment Defendant's Reply Memorandum in Support of Motion for Summary Judgment filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
January 12, 2015 Filing 232 LETTER to Request Permission to File Motion to Reconsider Order [ECF 223]. (Wylie, Richard)
January 12, 2015 Filing 231 REPLY re #193 MOTION to Exclude Expert Testimony Reply Memorandum of Defendant Mayo Clinic Health System - Albert Lea in Further Support of its Motion to Exclude Expert Testimony filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schultz, David)
January 7, 2015 Filing 230 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #229 Exhibit Certificate of Service of Conventionally Filed Document (Frohman, Charles)
January 7, 2015 Filing 229 EXHIBIT re #228 Declaration in Support Placeholder for Exhibit A by Mayo Holding Company. (Frohman, Charles)SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 1/7/15LGL Modified on 1/12/2015 (LGL).
January 6, 2015 Filing 228 Declaration of Charles G. Frohman in Support of #227 Response in Opposition to Motion, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Frohman, Charles)
January 6, 2015 Filing 227 RESPONSE in Opposition re #213 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #212 Order on Motion for Sanctions Defendant's Response to Plaintiff's Objections to Order of Magistrate Judge Dated December 17, 2014 filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
January 6, 2015 Filing 226 DECLARATION of Richard T. Wylie in Opposition to #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Ex. R - X, #2 Exhibit(s) Ex. Y - DD, #3 Exhibit(s) Ex. EE - KK, #4 Exhibit(s) Ex. LL & MM)(Wylie, Richard)
January 6, 2015 Filing 225 DECLARATION of Richard T. Wylie in Opposition to #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. DOCUMENT/ATTACHMENT #3 FILED IN ERROR-SHOULD HAVE BEEN REDACTED-WILL REFILE REDACTED DOCUMENT. (Attachments: #1 Exhibit(s) Ex. K - N, #2 Exhibit(s) Ex. - P part 1, #3 Exhibit(s) Ex. P part 2 & Q). (Wylie, Richard) Modified text on 1/14/2015 (lmb).
January 6, 2015 Filing 224 DECLARATION of Richard Wylie in Opposition to #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Ex. A, #2 Exhibit(s) Ex. B, #3 Exhibit(s) Ex. C - F, #4 Exhibit(s) Ex. G & H, #5 Exhibit(s) Ex. I & J)(Wylie, Richard)
January 6, 2015 Opinion or Order Filing 223 ORDER re request for an extension of time to file an amended memorandum with exhibit citations and an attorney declaration with attached exhibits. Signed by Senior Judge David S. Doty on 1/6/2015. (Attachments: #1 Exhibit 1 - Wylie Letter dated 1/5/2015, #2 Exhibit 2 - Schultz Letter dated 1/2/2015, #3 Exhibit 3 - Wylie Letter dated 1/5/2015, #4 Exhibit 4 - Frohman Letter dated 1/5/2015, #5 Exhibit 5 - Wylie Letter dated 1/5/2015)(PJM)
January 5, 2015 Filing 222 CORRECTED DECLARATION of Richard Wylie in Opposition to #200 MOTION for Summary Judgment , #221 Declaration in Opposition filed by Alaa E. Elkharwily. (Wylie, Richard) Modified text on 1/5/2015 (LPH).
January 2, 2015 Filing 221 DECLARATION of Richard Wylie in Opposition to #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. (Wylie, Richard)
January 2, 2015 Filing 220 STRICKEN PER #223 ORDER: DECLARATION of Alaa Elkharwily, MD in Opposition to #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) A-C)(Wylie, Richard) Modified on 1/6/2015 (TSS).
January 2, 2015 Filing 219 MEMORANDUM in Opposition re #200 MOTION for Summary Judgment filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
January 2, 2015 Filing 218 Declaration of Richard Wylie in Support of #216 Memorandum in Opposition to Motion filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) A - D)(Wylie, Richard) Modified text on 1/5/2015 (LPH).
January 2, 2015 Filing 217 Declaration of Daniel Doornink, M.D. in Support of #216 Memorandum in Opposition to Motion filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Expert Report)(Wylie, Richard)
January 2, 2015 Filing 216 MEMORANDUM in Opposition re #193 MOTION to Exclude Expert Testimony filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
December 30, 2014 Filing 215 ERRATA to #213 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #212 Order on Motion for Sanctions by Alaa E. Elkharwily. (Wylie, Richard)
December 29, 2014 Filing 214 Declaration of Alaa Elkharwily, M.D. in Support of #213 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #212 Order on Motion for Sanctions filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit A)(Wylie, Richard) Modified on 12/30/2014 (kt).
December 29, 2014 Filing 213 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #212 Order on Motion for Sanctions (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Word Count Certificate)(Wylie, Richard)
December 17, 2014 Opinion or Order Filing 212 ORDER that Plaintiff's Motion for Rule 37 Sanctions (Doc. No. #182 ), is DENIED. Signed by Magistrate Judge Jeffrey J. Keyes on 12/17/2014. (lmb)
December 17, 2014 Filing 211 TEXT ONLY ENTRY - The court approves the parties schedule as follows: (1) plaintiff may file his responses to defendant's summary judgment and expert disqualification motions on 1/2/2015, and (2) Defendant may file its replies to both motions on 1/12/2015 by 12:00 noon. The hearing is set before Judge David S. Doty, Courtroom 14W, Minneapolis, MN, on 1/16/2015 at 9:00 a.m. (CLB)
December 11, 2014 Filing 210 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 12/11/2014 re #182 MOTION for Sanctions Under Rule 37. Motion taken under advisement as of December 11, 2014. ORDER TO BE ISSUED. (CD# 12/11/14 (4:21 - 4:54)). (lmb)
December 9, 2014 Filing 209 NOTICE of Withdrawal as Attorney (Civello, Paul)
December 5, 2014 Filing 208 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mayo Clinic Health System - Albert Lea re #200 MOTION for Summary Judgment (Frohman, Charles)
December 5, 2014 Filing 207 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #204 Declaration in Support Conventionally Filed Document (Exhibit B) (Frohman, Charles)
December 5, 2014 Filing 206 Declaration of Charles A. Frohman in Support of #200 MOTION for Summary Judgment filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 40-50, #2 Exhibit(s) 51-65, #3 Exhibit(s) 66-77)(Frohman, Charles)
December 5, 2014 Filing 205 Declaration of Charles G. Frohman in Support of #200 MOTION for Summary Judgment filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1-15, #2 Exhibit(s) 16-29, #3 Exhibit(s) 30-39)(Frohman, Charles)
December 5, 2014 Filing 204 Declaration of Maureen Engelstad in Support of #200 MOTION for Summary Judgment filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A-B)(Frohman, Charles)
December 5, 2014 Filing 203 Declaration of Nancy J. Christensen in Support of #200 MOTION for Summary Judgment filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A)(Frohman, Charles)
December 5, 2014 Filing 202 Declaration of Cynthia L. Stark in Support of #200 MOTION for Summary Judgment filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A-D)(Frohman, Charles)
December 5, 2014 Filing 201 MEMORANDUM in Support re #200 MOTION for Summary Judgment filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
December 5, 2014 Filing 200 MOTION for Summary Judgment by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
December 5, 2014 Filing 199 Declaration of Angela M. Just in Support of #197 Memorandum in Opposition to Motion filed by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
December 5, 2014 Filing 198 Declaration of Charles G. Frohman in Support of #197 Memorandum in Opposition to Motion filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1 - 6)(Frohman, Charles)
December 5, 2014 Filing 197 MEMORANDUM in Opposition re #182 MOTION for Sanctions Under Rule 37 filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
December 5, 2014 Filing 196 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mayo Clinic Health System - Albert Lea re #193 MOTION to Exclude Expert Testimony (Schultz, David)
December 5, 2014 Filing 195 Declaration of Maureen Engelstad in Support of #193 MOTION to Exclude Expert Testimony filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A-H)(Schultz, David)
December 5, 2014 Filing 194 MEMORANDUM in Support re #193 MOTION to Exclude Expert Testimony filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schultz, David)
December 5, 2014 Filing 193 MOTION to Exclude Expert Testimony by Mayo Clinic Health System - Albert Lea. (Schultz, David)
December 2, 2014 Opinion or Order Filing 192 TEXT ONLY ENTRY: Oral ORDER: Regarding the letters filed at Doc. Nos. 186, 187, the Court orders that the hearing on the motion at Doc. No. 182 will go on as scheduled.. Signed by Magistrate Judge Jeffrey J. Keyes on December 2, 2014. (WMT)
November 26, 2014 Filing 191 EXHIBIT Exhibits K - O to Declaration of Richard Wylie by Alaa E. Elkharwily filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Ex. L, #2 Exhibit(s) Ex. M, #3 Exhibit(s) Ex. N, #4 Exhibit(s) Ex. O)(Wylie, Richard)
November 26, 2014 Filing 190 Declaration of Richard Wylie in Support of #182 MOTION for Sanctions Under Rule 37 filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Ex. A, #2 Exhibit(s) Ex. B, #3 Exhibit(s) Ex. C, #4 Exhibit(s) Ex. D, #5 Exhibit(s) Ex. E, #6 Exhibit(s) Ex. F, #7 Exhibit(s) Ex. G, #8 Exhibit(s) Ex. H, #9 Exhibit(s) Ex. I, #10 Exhibit(s) Ex. J)(Wylie, Richard)
November 26, 2014 Filing 189 MEMORANDUM in Support re #182 MOTION for Sanctions Under Rule 37 filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
November 26, 2014 Filing 188 Declaration of Alaa Elkharwily in Support of #182 MOTION for Sanctions Under Rule 37 filed by Alaa E. Elkharwily. (Wylie, Richard)
November 20, 2014 Filing 187 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
November 19, 2014 Filing 186 LETTER TO MAGISTRATE JUDGE by Mayo Clinic Health System - Albert Lea . (Frohman, Charles)
November 18, 2014 Opinion or Order Filing 185 TEXT ONLY ENTRY: Oral ORDER ruling that each party shall pay for the other party's expert witness fees for attendance at that expert's deposition. Entered in Open Court by Magistrate Judge Jeffrey J. Keyes on 11/18/2014. (lmb)
November 18, 2014 Filing 184 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Telephone Conference held on 11/18/2014 re Expert fee issues raised in letters submitted by the parties (Doc. Nos. #179 , #180 , #181 ). As stated at the telephone conference, each party shall pay for the other party's expert witness fees for attendance at that expert's deposition. Text only order needed. NO SEPARATE ORDER TO BE ISSUED. (lmb)
November 18, 2014 Filing 183 NOTICE OF HEARING ON MOTION #182 MOTION for Sanctions Under Rule 37 : Motion Hearing set for 12/11/2014 04:00 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Wylie, Richard)
November 18, 2014 Filing 182 MOTION for Sanctions Under Rule 37 by Alaa E. Elkharwily. (Wylie, Richard)
November 12, 2014 Filing 181 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily with attached emails. (Attachments: #1 Exhibit(s) Attached emails)(Wylie, Richard)
November 12, 2014 Filing 180 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
November 12, 2014 Filing 179 LETTER TO MAGISTRATE JUDGE by Mayo Clinic Health System - Albert Lea . (Frohman, Charles)
November 6, 2014 Opinion or Order Filing 178 TEXT ONLY ENTRY: Oral ORDER ruling on Plaintiff's Attorney's Motion to Withdraw as Attorney of Record (Doc. No. #164 ). Motion is DENIED as stated on the record. Entered in Open Court by Magistrate Judge Jeffrey J. Keyes on 11/06/2014. (lmb)
November 6, 2014 Filing 177 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 11/6/2014. (I) Plaintiff's Attorney's Motion to Withdraw as Attorney of Record (Doc. No. #164 ), is DENIED as stated on the record. (II) This Minute Order constitutes an Order of the Court. Text only order needed. NO SEPARATE ORDER TO BE ISSUED. (Court Reporter: Sealed Recording). (lmb)
November 6, 2014 Filing 176 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Settlement Conference held on 11/6/2014. No settlement reached. (lmb)
November 4, 2014 Filing 175 MEMORANDUM in Opposition re #164 MOTION to Withdraw as Attorney PLACEHOLDER filed by Alaa E. Elkharwily. (Wylie, Richard) Sealed document received on 11/4/2014 (JGK).
November 4, 2014 Filing 174 DECLARATION of Alaa Elkharwily in Opposition to #164 MOTION to Withdraw as Attorney filed by Alaa E. Elkharwily. (Wylie, Richard) Sealed document received on 11/4/2014 (JGK).
November 3, 2014 Filing 173 RESPONSE in Opposition re #164 MOTION to Withdraw as Attorney filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
October 29, 2014 Filing 172 CERTIFICATE OF SERVICE by Alaa E. Elkharwily re #170 Declaration in Support, #169 Amended Notice of Hearing on Motion, #171 Memorandum in Support of Motion (Wylie, Richard)
October 28, 2014 Filing 171 MEMORANDUM in Support re #164 MOTION to Withdraw as Attorney PLACEHOLDER filed by Alaa E. Elkharwily. (Wylie, Richard) Sealed document received on 10/28/2014 (JGK).
October 28, 2014 Filing 170 Declaration of Richard Wylie in Support of #164 MOTION to Withdraw as Attorney PLACEHOLDER filed by Alaa E. Elkharwily. (Wylie, Richard) Sealed document received on 10/28/2014 (JGK).
October 28, 2014 Filing 169 AMENDED NOTICE of Hearing on Motion: #164 MOTION to Withdraw as Attorney : Motion Hearing set for 11/6/2014 11:00 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Wylie, Richard)
October 24, 2014 Opinion or Order Filing 168 ORDER granting #165 Motion to Seal Document. Signed by Magistrate Judge Jeffrey J. Keyes on 10/24/2014. (lmb)
October 23, 2014 Filing 167 CERTIFICATE OF SERVICE by Alaa E. Elkharwily re #165 MOTION to Seal Pleading/Motion/Other Document Regarding Motion to Withdraw, #164 MOTION to Withdraw as Attorney , #166 Notice of Hearing on Motion (Wylie, Richard)
October 23, 2014 Filing 166 NOTICE OF HEARING ON MOTION #164 MOTION to Withdraw as Attorney : at date and time to be determined. (Wylie, Richard)
October 23, 2014 Filing 165 MOTION to Seal Pleading/Motion/Other Document Regarding Motion to Withdraw by Alaa E. Elkharwily. (Wylie, Richard)
October 23, 2014 Filing 164 MOTION to Withdraw as Attorney by Alaa E. Elkharwily. (Wylie, Richard)
October 17, 2014 Filing 163 AMENDED NOTICE of Hearing on Motion: Motion Hearing set for 1/16/2015 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Schultz, David)
October 17, 2014 Filing 162 AMENDED NOTICE of Hearing on Motion: Motion Hearing set for 1/16/2015 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Frohman, Charles)
October 10, 2014 Opinion or Order Filing 161 ORDER: 1. Defendant's Motion to Withdraw Inadvertently Produced Document (Doc. No. #149 ), is DENIED; and 2. Plaintiff is permitted a two-hour deposition of Linda Cook, inquiring only about the page of notes as issue (i.e., the first page of deposition Exhibit 89). Signed by Magistrate Judge Jeffrey J. Keyes on 10/10/2014. (lmb)
October 2, 2014 Opinion or Order Filing 160 ORDER In Re Dispositive-Motion Practice. Signed by Senior Judge David S. Doty on 10/1/2014. (CLB)
October 1, 2014 Filing 159 NOTICE OF HEARING ON MOTION To Exclude Testimony Motion Hearing set for 12/5/2014 09:00 AM in Judge's Chambers 14W (MPLS) before Senior Judge David S. Doty. (Schultz, David)
October 1, 2014 Filing 158 NOTICE OF HEARING ON MOTION for Summary Judgment Motion Hearing set for 12/5/2014 09:00 AM in Judge's Chambers 14W (MPLS) before Senior Judge David S. Doty. (Frohman, Charles)
September 30, 2014 Filing 157 MEMORANDUM by Alaa E. Elkharwily Sur Reply filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
September 26, 2014 Filing 156 Declaration of Joanne L. Martin in Support of #155 Memorandum, filed by Mayo Clinic Health System - Albert Lea. (Schultz, David)
September 26, 2014 Filing 155 REPLY by Mayo Clinic Health System - Albert Lea re #149 Memorandum, Defendant's Reply in Support of Motion to Withdraw Inadvertently Produced Document filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schultz, David) Modified text on 9/29/2014 (LPH).
September 24, 2014 Filing 154 MEMORANDUM by Alaa E. Elkharwily RE: Claim of Attorney Client Privilege etc filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
September 16, 2014 Filing 153 Declaration of Charles G. Frohman in Support of #149 Memorandum, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) E, #2 Exhibit(s) F)(Frohman, Charles)
September 16, 2014 Filing 152 Declaration of David T. Schultz in Support of #149 Memorandum, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) B, #2 Exhibit(s) C, #3 Exhibit(s) D)(Frohman, Charles)
September 16, 2014 Filing 151 Declaration of Agnes Maria Elizabeth Schipper, J.D. in Support of #149 Memorandum, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A)(Frohman, Charles)
September 16, 2014 Filing 150 Declaration of Linda Cook in Support of #149 Memorandum, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A)(Frohman, Charles)
September 16, 2014 Filing 149 MEMORANDUM by Mayo Clinic Health System - Albert Lea Defendant's Memorandum in Support of Motion to Withdraw Inadvertently Produced Document filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
September 10, 2014 Opinion or Order Filing 148 TEXT ONLY ENTRY: Oral ORDER ruling that on or before Wednesday, September 17, 2014, Defendants shall submit a memorandum with any supporting affidavits addressing the issue of whether the first page of Deposition Exhibit 89 is covered by the attorney-client privilege. Plaintiff shall submit a memorandum in response to Defendants' submission on or before Wednesday, September 24, 2014. Entered in Open Court by Magistrate Judge Jeffrey J. Keyes on 09/10/2014. (lmb)
September 10, 2014 Filing 147 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Telephone Conference held on 9/10/2014. On or before Wednesday, September 17, 2014, Defendants shall submit a memorandum with any supporting affidavits addressing the issue of whether the first page of Deposition Exhibit 89 is covered by the attorney-client privilege. Plaintiff shall submit a memorandum in response to Defendants' submission on or before Wednesday, September 24, 2014. Text only order needed. NO SEPARATE ORDER TO BE ISSUED. (lmb)
August 26, 2014 Opinion or Order Filing 146 ORDER re #145 Stipulation. Signed by Magistrate Judge Jeffrey J. Keyes on 8/26/14. (AKL)
August 25, 2014 Filing 145 STIPULATION by all parties. (Schultz, David) Modified text on 8/26/2014 (LPH).
August 11, 2014 Opinion or Order Filing 144 ORDER Denying Request re #142 Letter to Request Permission to File Motion to Reconsider filed by Alaa E. Elkharwily (Written Opinion). Signed by Senior Judge David S. Doty on 8/11/2014. (PJM)
July 31, 2014 Filing 143 LETTER TO DISTRICT JUDGE by Mayo Clinic Health System - Albert Lea in Opposition to Plaintiff's Request for Reconsideration. (Frohman, Charles)
July 29, 2014 Filing 142 LETTER to Request Permission to File Motion to Reconsider . (Wylie, Richard)
July 21, 2014 Opinion or Order Filing 141 ORDER overruling #129 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge; Sustaining in part consistent with this order #122 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge.(Written Opinion). Signed by Senior Judge David S. Doty on 7/21/2014. (PJM)
July 9, 2014 Filing 140 LETTER TO DISTRICT JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
July 3, 2014 Filing 139 LETTER TO DISTRICT JUDGE by Mayo Clinic Health System - Albert Lea . (Frohman, Charles)
July 3, 2014 Filing 138 DOCUMENT FILED IN ERROR-WILL REFILE. LETTER TO DISTRICT JUDGE by Mayo Clinic Health System - Albert Lea. (Frohman, Charles) Modified text on 7/3/2014 (lmb).
July 2, 2014 Filing 137 NOTICE OF HEARING ON MOTION #136 MOTION for Relief from Judgment under Rule 60 : at date and time to be determined. (Wylie, Richard)
July 2, 2014 Filing 136 MOTION for Relief from Judgment under Rule 60 by Alaa E. Elkharwily. (Wylie, Richard)
June 30, 2014 Filing 135 Declaration of Charles G. Frohman in Support of #134 Response, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3)(Frohman, Charles)
June 30, 2014 Filing 134 RESPONSE re #129 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #121 Order on Motion to Compel, Defendant's Response to Plaintiff's 2nd Objections to Order of Magistrate Judge Dated May 19, 2014 filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
June 25, 2014 Filing 133 TRANSCRIPT of Motions Hearing held on 05/19/2014 before Magistrate Judge Jeffrey J. Keyes. (50 pages). Transcriber: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). Redaction Request due 7/16/2014. Redacted Transcript Deadline set for 7/28/2014. Release of Transcript Restriction set for 9/23/2014. For information on redaction procedures, please review #Local Rule 5.5. (LAS)
June 25, 2014 Filing 132 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (LAS)
June 16, 2014 Filing 131 Declaration of Alaa Elkharwily, M.D. in Support of #129 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #121 Order on Motion to Compel, filed by Alaa E. Elkharwily. (Wylie, Richard)
June 16, 2014 Filing 130 Declaration of Richard Wylie in Support of #129 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #121 Order on Motion to Compel, filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G)(Wylie, Richard)
June 16, 2014 Filing 129 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #121 Order on Motion to Compel, (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
June 16, 2014 Opinion or Order Filing 128 ORDER: that: 1. Plaintiffs June 13, 2014 letter request (Doc. No. 127), is DENIED. Signed by Magistrate Judge Jeffrey J. Keyes on 06/16/2014. (MMP)
June 13, 2014 Filing 127 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
June 13, 2014 Filing 126 RESPONSE re #122 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #117 Motion Hearing,,,, 118 Order (Text Only),,, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
June 3, 2014 Filing 125 ERRATA to #124 Declaration in Support, of Richard T. Wylie by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Correct Doc. 124)(Wylie, Richard)
June 2, 2014 Filing 124 Declaration of Richard T. Wylie in Support of #122 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 118 Order (Text Only) filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit A Defendant Intial Disclosures, #2 Exhibit B Popp Deposition, #3 Exhibit C Termination Letter)(Wylie, Richard) Modified on 6/3/2014 (JZ).
June 2, 2014 Filing 123 Declaration of Alaa Elkhawily, M.D. in Support of #122 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 118 Order (Text Only) filed by Alaa E. Elkharwily. (Wylie, Richard) Modified on 6/3/2014 (JZ).
June 2, 2014 Filing 122 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 118 Order (Text Only). (Attachments: #1 Exhibit 89, #2 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard) Modified on 6/3/2014 (JZ).
June 2, 2014 Opinion or Order Filing 121 ORDER: 1. Plaintiffs Third and Supplementary Motion to Compel Discovery Responses Over Peer Review Objections (Doc. No. 104), is GRANTED IN PART and DENIED IN PART as stated above. Defendants must provide the unredacted attachments to Deposition Exhibit 86, along with an updated privilege log and the Declaration of Beth L. Lacanne to Plaintiff on or before June 9, 2014. Signed by Magistrate Judge Jeffrey J. Keyes on 06/02/2014. (MMP)
June 2, 2014 Filing 120 LETTER TO DISTRICT JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
May 19, 2014 Opinion or Order Filing 119 AMENDED PRETRIAL SCHEDULING ORDER: Motions (disp) due by 10/1/2014. Ready for trial due by 1/1/2015. Signed by Magistrate Judge Jeffrey J. Keyes on 05/19/2014. (MMP)
May 19, 2014 Opinion or Order Filing 118 TEXT ONLY ENTRY: Oral ORDER ruling on Plaintiffs Third and Supplementary Motion to Compel Discovery Responses Over Peer Review Objections and For Leave to Take Additional Depositions (Doc. No. #104 ), is DENIED IN PART as stated on the record and as follows. Plaintiffs request for additional depositions is denied. The Court defers ruling on the remainder of Plaintiffs motion to compel documents so that it can review the documents at issue in camera. An Order will follow after the Courts in camera review that will rule on the remainder of Plaintiffs motion. This Minute Order constitutes an Order of the Court. ADDITIONAL ORDER TO BE SUBMITTED BY THE COURT. MOTION #104 TAKEN UNDER ADVISEMENT AS OF MAY 19,2014. Signed by Judge Magistrate Judge Jeffrey J. Keyes. (MMP)
May 19, 2014 Filing 117 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 5/19/2014. re Plaintiffs Third and Supplementary Motion to Compel Discovery Responses Over Peer Review Objections and For Leave to Take Additional Depositions (Doc. No. 104). Plaintiffs Third and Supplementary Motion to Compel Discovery Responses Over Peer Review Objections and For Leave to Take Additional Depositions (Doc. No. 104), is DENIED IN PART as stated on the record and as follows. Plaintiffs request for additional depositions is denied. The Court defers ruling on the remainder of Plaintiffs motion to compel documents so that it can review the documents at issue in camera. An Order will follow after the Courts in camera review that will rule on the remainder of Plaintiffs motion. This Minute Order constitutes an Order of the Court. Text only order needed. ADDITIONAL ORDER TO BE SUBMITTED BY THE COURT. Motion taken under advisement as of: May 19, 2014. (Court Reporter: N/A and CD NUMBER #5/19/14 (9:36 - 10:56)) (MMP)
May 13, 2014 Filing 116 Declaration of Charles G. Frohman in Support of #114 Memorandum in Opposition to Motion, filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20)(Frohman, Charles)
May 13, 2014 Filing 115 Declaration of Joseph M. Colaiano in Support of #114 Memorandum in Opposition to Motion, filed by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
May 13, 2014 Filing 114 MEMORANDUM in Opposition re #104 Third MOTION to Compel and For Permission to Take Additional Depositions filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
May 9, 2014 Opinion or Order Filing 113 ORDER GRANTING DEFENDANT EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS THIRD AND SUPPLEMENTAL MOTION TO COMPEL DISCOVERY RESPONSES OVER PEER REVIEW OBJECTIONS AND FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS: 1. Defendant's Unopposed Motion for Extension of Time (Doc. No. 111) to file its response to Plaintiffs Third and Supplemental Motion to Compel Discovery Responses Over Peer Review Objections and for Leave to Take Additional Depositions is GRANTED. 2. The deadline for Defendants response shall be extended by one business day to May 13, 2014. Signed by Magistrate Judge Jeffrey J. Keyes on 05/09/2014. (MMP)
May 9, 2014 Filing 112 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mayo Clinic Health System - Albert Lea re #111 MOTION for Extension of Time to File Response/Reply as to #104 Third MOTION to Compel and For Permission to Take Additional Depositions (Frohman, Charles)
May 9, 2014 Filing 111 MOTION for Extension of Time to File Response/Reply as to #104 Third MOTION to Compel and For Permission to Take Additional Depositions by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
May 6, 2014 Filing 110 MEMORANDUM in Support re #104 Third MOTION to Compel and For Permission to Take Additional Depositions Supplemental with Citations filed by Alaa E. Elkharwily. (Wylie, Richard)
May 6, 2014 Filing 109 Declaration of Richard T. Wylie in Support of #104 Third MOTION to Compel and For Permission to Take Additional Depositions filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) N, #2 Exhibit(s) O, #3 Exhibit(s) P, #4 Exhibit(s) Q, #5 Exhibit(s) R, #6 Exhibit(s) S, #7 Exhibit(s) T, #8 Exhibit(s) U, #9 Exhibit(s) V, #10 Exhibit(s) W, #11 Exhibit(s) X, #12 Exhibit(s) Y, #13 Exhibit(s) Z, #14 Exhibit(s) AA, #15 Exhibit(s) BB, #16 Exhibit(s) CC, #17 Exhibit(s) DD, #18 Exhibit(s) EE, #19 Exhibit(s) FF)(Wylie, Richard)
May 6, 2014 Filing 108 Declaration of Richard T. Wylie in Support of #104 Third MOTION to Compel and For Permission to Take Additional Depositions filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M)(Wylie, Richard)
May 5, 2014 Filing 107 MEET and CONFER STATEMENT re #104 Motion to Compel filed by Alaa E. Elkharwily. (Wylie, Richard)
May 5, 2014 Filing 106 MEMORANDUM in Support re #104 Third MOTION to Compel and For Permission to Take Additional Depositions filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
May 5, 2014 Filing 105 NOTICE OF HEARING ON MOTION #104 Third MOTION to Compel and For Permission to Take Additional Depositions : Motion Hearing set for 5/19/2014 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Wylie, Richard)
May 5, 2014 Filing 104 Third MOTION to Compel and For Permission to Take Additional Depositions by Alaa E. Elkharwily. (Wylie, Richard)
April 18, 2014 Opinion or Order Filing 103 TEXT ONLY ENTRY: Oral ORDER ruling on (I) Plaintiff's Second Motion to Compel Discovery Responses Patient Files (Doc. No. #93 ), is GRANTED IN PART and DENIED IN PART as stated on the record and as follows: (1.) Regarding Plaintiff's request for Defendant to fully produce the patient file requested in Plaintiff's Second Request for Production, No. 1. C, as referenced in Plaintiff's motion, the motion is GRANTED. Because Plaintiff has not challenged Defendants objections as to peer review privilege, the Court will not rule on those objections at this time; to the extent Defendant has objected to certain responsive documents based on the peer review privilege, Defendant shall reference those documents on its privilege log; (2.)Regarding Plaintiff's request for Defendant to fully produce the patient file requested in Plaintiff's Second Request for Production, No. 1.D, as referenced in Plaintiff's motion, the motion is GRANTED. Because Plaintiff has not challenged Defendant's objections as to peer review privilege, the Court will not rule on those objections at this time; to the extent Defendant has objected to certain responsive documents based on the peer review privilege, Defendant shall reference those documents on its privilege log; (3.)Regarding Plaintiff's request for Defendant to fully produce the patient files requested in Plaintiffs Second Request for Production, No. 1.E, the motion is GRANTED to the extent that Defendant must produce patient files for September 15, 2010, for patients admitted with alcohol intoxication who were not administered thiamine or a banana bag. Because Plaintiff has not challenged Defendant's objections as to peer review privilege, the Court will not rule on those objections at this time; to the extent Defendant has objected to certain responsive documents based on the peer review privilege, Defendant shall reference those documents on its privilege log; (4.)Regarding Plaintiff's request for Defendant to fully produce the patient files requested in Plaintiff's Second Request for Production, No. 1.F., the motion is GRANTED to the extent that Defendant must complete its review to determine if it can find the patient file matching the description now provided by Plaintiff, and must produce the patient file if located. Because Plaintiff has not challenged Defendant's objections as to peer review privilege, the Court will not rule on those objections at this time; to the extent Defendant has objected to certain responsive documents based on the peer review privilege, Defendant shall reference those documents on its privilege log; (5.)Regarding Plaintiff's request for Defendant to fully produce the patient files requested in Plaintiff's Second Request for Production, No. 1.I., the motion is GRANTED to the extent that Defendant must produce the patient file for the patient admitted for UTI but was suspected of heart attack. This request is otherwise DENIED; (6.) Regarding Plaintiff's request for Defendant to fully produce the patient files for the patient who is referred to, but not by name, in the email on November 12, 2010 at 12:00 p.m., Bates No. MHS904, produced by Defendant, the motion is DENIED AS MOOT; (7.)Regarding Plaintiff's request for Defendant to fully produce the patient files for the patient whose name is redacted from the mortality conference notice at Bates No. MHS4805 produced by Defendant, the motion is DENIED AS MOOT; (8.)Regarding Plaintiff's request for Defendant to fully produce the charts of the patients reported by Plaintiff on July 6 or 7, 2011, one of which was referred to in emails produced by Defendant as Bates Nos. 5377 and 5379, the motion is DENIED. Entered in open Court by Magistrate Judge Jeffrey J. Keyes on 4/18/2014. (LAS)
April 18, 2014 Filing 102 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Motion Hearing held on 4/18/2014. As stated on the record #93 Second MOTION to Compel Discovery Responses filed by Alaa E. Elkharwily is GRANTED IN PART and DENIED IN PART. This Minute Order constitutes an Order of the Court. Text only order needed. (LAS)
April 18, 2014 Opinion or Order Filing 101 ORDER overruling #81 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #80 Order on Motion to Compel (Written Opinion). Signed by Senior Judge David S. Doty on 4/18/2014. (PJM)
April 11, 2014 Filing 100 Declaration of Cheryl A. Weness in Support of #98 Memorandum in Opposition to Motion filed by Mayo Clinic Health System - Albert Lea. (Frohman, Charles)
April 11, 2014 Filing 99 Declaration of Charles G. Frohman in Support of #98 Memorandum in Opposition to Motion filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Frohman, Charles)
April 11, 2014 Filing 98 MEMORANDUM in Opposition re #93 Second MOTION to Compel Discovery Responses filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
April 4, 2014 Filing 97 Declaration of Richard Wylie in Support of #93 Second MOTION to Compel Discovery Responses filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Ex. A, #2 Exhibit(s) Ex. B, #3 Exhibit(s) Ex. C - I, #4 Exhibit(s) Ex. J - N)(Wylie, Richard)
April 4, 2014 Filing 96 Declaration of Alaa Elkharwily, M.D. in Support of #93 Second MOTION to Compel Discovery Responses filed by Alaa E. Elkharwily. (Wylie, Richard)
April 4, 2014 Filing 95 MEMORANDUM in Support re #93 Second MOTION to Compel Discovery Responses filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
April 4, 2014 Filing 94 NOTICE OF HEARING ON MOTION #93 Second MOTION to Compel Discovery Responses : Motion Hearing set for 4/18/2014 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Wylie, Richard)
April 4, 2014 Filing 93 Second MOTION to Compel Discovery Responses by Alaa E. Elkharwily. (Wylie, Richard)
March 18, 2014 Opinion or Order Filing 92 TEXT ONLY ORDER ON MOTION; VERBAL RULING As stated on the record, Plaintiffs Motion to Extend Discovery Period and to Increase the Number of Depositions and Document Requests (Doc. No. 84), is DENIED. The discovery period is extended to May 15, 2014, only for taking depositions (limited to 10 depositions total per side). This Minute Order constitutes an Order of the Court. NO SEPARATE ORDER TO BE ISSUED. Signed by Judge Magistrate Judge Jeffrey J. Keyes. (MMP)
March 18, 2014 Filing 91 Minute Entry: Motion Hearing held before Magistrate Judge Jeffrey J. Keyes on 3/18/2014. Plaintiff's Motion to Extend Discovery Period and to Increase the Number of Depositions and Document Requests (Doc. No. 84). As stated on the record, Plaintiffs Motion to Extend Discovery Period and to Increase the Number of Depositions and Document Requests (Doc. No. 84), is DENIED. The discovery period is extended to May 15, 2014, only for taking depositions (limited to 10 depositions total per side). This Minute Order constitutes an Order of the Court. Text Only Order needed. No Separate Order to be issued. (Court Reporter n/a and Tape #3/18/14 (13:34 - 14:02)) (MMP)
March 7, 2014 Filing 90 DECLARATION of Charles G. Frohman in Opposition to #89 Response in Opposition to Motion filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1)(Frohman, Charles)
March 7, 2014 Filing 89 RESPONSE in Opposition re #84 MOTION for Extension of Time to Complete Discovery filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
February 28, 2014 Filing 88 MEET and CONFER STATEMENT re #84 Motion for Extension of Time to Complete Discovery filed by Alaa E. Elkharwily. (Wylie, Richard)
February 28, 2014 Filing 87 MEMORANDUM in Support re #84 MOTION for Extension of Time to Complete Discovery filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
February 28, 2014 Filing 86 Declaration of Richard Wylie in Support of #84 MOTION for Extension of Time to Complete Discovery filed by Alaa E. Elkharwily. (Wylie, Richard)
February 28, 2014 Filing 85 NOTICE OF HEARING ON MOTION #84 MOTION for Extension of Time to Complete Discovery : Motion Hearing set for 3/18/2014 01:30 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Wylie, Richard)
February 28, 2014 Filing 84 MOTION for Extension of Time to Complete Discovery by Alaa E. Elkharwily. (Wylie, Richard)
February 21, 2014 Filing 83 Declaration of Charles G. Frohman in Opposition re #81 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 80 Order on Motion to Compel filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) A)(Frohman, Charles) Modified on 2/21/2014 (kt).
February 21, 2014 Filing 82 MEMORANDUM in Opposition re #81 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #80 Order on Motion to Compel filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
February 7, 2014 Filing 81 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re #80 Order on Motion to Compel (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
January 24, 2014 Opinion or Order Filing 80 ORDER: 1. Plaintiff's Motion to Compel Discovery Responses (Doc. No. #61 ), is GRANTED IN PART and DENIED IN PART as follows: SEE ORDER FOR DETAILS. Signed by Magistrate Judge Jeffrey J. Keyes on 01/23/2014. (MMP)
January 23, 2014 Filing 79 Minute Entry: Motion Hearing held before Magistrate Judge Jeffrey J. Keyes on 1/23/2014. Plaintiff's Motion to Compel Discovery Responses (Doc. No. 61). Order to be issued. (Court Reporter n/a and Tape #1/23/14 (10:31 11:10) (11:09 11:18)) (MMP)
January 22, 2014 Filing 78 CERTIFICATE OF SERVICE by Mayo Clinic Health System - Albert Lea re #73 Declaration in Opposition, Ex. 2, Sealed Document (Frohman, Charles)
January 21, 2014 Filing 77 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mayo Clinic Health System - Albert Lea re #61 MOTION to Compel Discovery Responses (Frohman, Charles)
January 21, 2014 Filing 76 DECLARATION of Monica E. Fleegel in Opposition to #61 MOTION to Compel Discovery Responses filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3)(Frohman, Charles)
January 21, 2014 Filing 75 DECLARATION of Jerome T. Ehn in Opposition to #61 MOTION to Compel Discovery Responses filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Frohman, Charles)
January 21, 2014 Filing 74 EXHIBIT re #73 Declaration in Opposition, Exhibit 3 to Declaration of Charles G. Frohman by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) Ex. 4 to Declaration of Charles G. Frohman, #2 Exhibit(s) Ex. 5 to Declaration of Charles G. Frohman, #3 Exhibit(s) Ex. 6 to Declaration of Charles G. Frohman, #4 Exhibit(s) Ex. 7 to Declaration of Charles G. Frohman)(Frohman, Charles)
January 21, 2014 Filing 73 DECLARATION of Charles G. Frohman in Opposition to #72 Memorandum in Opposition to Motion, #61 MOTION to Compel Discovery Responses filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 Exhibit(s) 1, #2 Placeholder for Exhibit 2)(Frohman, Charles) Sealed documents received on 1/21/2014 (JGK).
January 21, 2014 Filing 72 MEMORANDUM in Opposition re #61 MOTION to Compel Discovery Responses filed by Mayo Clinic Health System - Albert Lea. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
January 11, 2014 Filing 71 CERTIFICATE OF SERVICE by Alaa E. Elkharwily re #70 Exhibit, #65 Memorandum in Support of Motion, #69 Exhibit, re: sealed and conventionally filed documents (Wylie, Richard)
January 11, 2014 Filing 70 Placeholder for unredacted pages of Exhibits C, E, F and H to #67 Declaraton of Richard Wylie filed under seal filed by Alaa E. Elkharwily. (Wylie, Richard) Modified on 1/13/2014 (kt). Sealed documents received on 1/13/2014. (JGK)
January 11, 2014 Filing 69 EXHIBIT L - V to #67 Declaration of Richard T. Wylie in Support of Motion to Compel Discovery by Alaa E. Elkharwily filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) L, #2 Exhibit(s) M, #3 Exhibit(s) N, #4 Exhibit(s) O, #5 Exhibit(s) P, #6 Exhibit(s) Q, #7 Exhibit(s) R, #8 Exhibit(s) S, #9 Placeholder for Exhibit Tt, #10 Exhibit(s) U, #11 Exhibit(s) V)(Wylie, Richard) Modified on 1/13/2014 (kt).
January 11, 2014 Filing 68 EXHIBITS E-K re #67 Declaration in Support of Motion to Compel Discovery Responses by Alaa E. Elkharwily filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) E, #2 Exhibit(s) F, #3 Exhibit(s) G, #4 Exhibit(s) H, #5 Exhibit(s) I, #6 Exhibit(s) J, #7 Exhibit(s) K)(Wylie, Richard) Modified on 1/13/2014 (kt).
January 11, 2014 Filing 67 Declaration of Richard T. Wylie in Support of #61 MOTION to Compel Discovery Responses filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Wylie, Richard)
January 11, 2014 Filing 66 Declaration of Alaa E. Elkharwily, M.D. in Support of #61 MOTION to Compel Discovery Responses filed by Alaa E. Elkharwily. (Wylie, Richard)
January 11, 2014 Filing 65 Placeholder for Pages 37-38 to Plaintiff's #64 Memorandum of Law filed by Alaa E. Elkharwily. (Wylie, Richard) Modified on 1/13/2014 (kt). Sealed documents received on 1/13/2014. (JGK)
January 11, 2014 Filing 64 MEMORANDUM in Support re #61 MOTION to Compel Discovery Responses filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Word Count Certificate)(Wylie, Richard)
January 11, 2014 Filing 63 MEET and CONFER STATEMENT re #61 Motion to Compel filed by Alaa E. Elkharwily. (Wylie, Richard)
January 11, 2014 Filing 62 NOTICE OF HEARING ON MOTION #61 MOTION to Compel Discovery Responses : Motion Hearing set for 1/23/2014 10:00 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Wylie, Richard)
January 11, 2014 Filing 61 MOTION to Compel Discovery Responses by Alaa E. Elkharwily. (Wylie, Richard)
January 9, 2014 Opinion or Order Filing 60 ORDER EXTENDING FILING DATES: Upon Plaintiffs letter request [Doc. No. 59] for permission for an extension to file his moving papers on his scheduled motion to compel discovery responses, IT IS HEREBY ORDERED that Plaintiff may file his moving papers on or before January 13, 2014, and Defendant may file its opposition papers within seven days thereafter. Signed by Magistrate Judge Jeffrey J. Keyes on 01/08/2014. (MMP)
January 8, 2014 Filing 59 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
January 7, 2014 Opinion or Order Filing 58 ORDER TO EXTEND EXPERT WITNESS REPORT DEADLINES: 1. The current deadlines for expert disclosures are hereby stricken and will be reset after the ruling on the parties discovery motion which is to be heard on January 23, 2014. Signed by Magistrate Judge Jeffrey J. Keyes on 01/07/2014. (MMP)
January 7, 2014 Opinion or Order Filing 57 ORDER EXTENDING WORD LIMITATIONS: that Plaintiff need not count his recitation of discovery requests and Defendants responses in calculating the word count for his memorandum of law. Signed by Magistrate Judge Jeffrey J. Keyes on 01/07/2014. (MMP)
January 7, 2014 Filing 56 LETTER to Request Permission to Exceed Word/Line Limits . (Wylie, Richard)
January 7, 2014 Filing 55 LETTER TO MAGISTRATE JUDGE by Alaa E. Elkharwily . (Wylie, Richard)
January 6, 2014 Filing 54 STIPULATION to Extend Expert Witness Report Deadlines by Mayo Holding Company. (Schultz, David) Modified text on 1/6/2014 (lmb).
December 3, 2013 Filing 53 AMENDED NOTICE of Hearing on Motion: #51 MOTION for Extension of Time for Expert Reports : Motion Hearing set for 1/23/2014 01:30 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Wylie, Richard)
November 29, 2013 Filing 52 NOTICE OF HEARING ON MOTION #51 MOTION for Extension of Time for Expert Reports : at date and time to be determined. (Wylie, Richard)
November 29, 2013 Filing 51 WITHDRAWN PER #55 LETTER DATED 01/07/2014 - MOTION for Extension of Time for Expert Reports by Alaa E. Elkharwily. (Wylie, Richard) Modified text on 1/7/2014 (MMP).
August 2, 2013 Filing 50 REPLY to Counterclaim by Alaa E. Elkharwily. (Wylie, Richard)
July 29, 2013 Opinion or Order Filing 49 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 10/1/2013. Discovery due by 3/1/2014. Motions (non-disp) due 4/1/2014. Motions (disp) due by 8/1/2014. Ready for trial due by 11/1/2014. Signed by Magistrate Judge Jeffrey J. Keyes on 07/29/2013. (MMP)
July 29, 2013 Filing 48 Minute Entry: Pretrial Scheduling Conference held before Magistrate Judge Jeffrey J. Keyes on 7/29/2013. Pretrial Scheduling Order to be issued. (MMP)
July 25, 2013 Opinion or Order Filing 47 PROTECTIVE ORDER. Signed by Magistrate Judge Jeffrey J. Keyes on 07/23/2013. (jz)
July 24, 2013 Filing 46 REPORT of Rule 26(f) Meeting by Mark Ciota, Alaa E. Elkharwily, John Grzybowski, Dieter Heinz, Mayo Clinic Health System - Albert Lea, Mayo Clinic, Inc., Mayo Foundation, Mayo Holding Company, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff. (Wylie, Richard)
July 23, 2013 Filing 45 STIPULATION FOR PROTECTIVE ORDER by Mark Ciota, Alaa E. Elkharwily, John Grzybowski, Dieter Heinz, Mayo Clinic Health System - Albert Lea, Mayo Clinic, Inc., Mayo Foundation, Mayo Holding Company, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff. (Wylie, Richard)
July 16, 2013 Filing 44 ANSWER to Amended Complaint (Second) and, COUNTERCLAIM against Alaa E. Elkharwily. by Mayo Foundation, Dieter Heinz, Mayo Holding Company, Mayo Clinic Health System - Albert Lea, Mark Ciota, Robert E. Nesse, Stephen Waldhoff, Mayo Clinic, Inc., John Grzybowski, Steve Underdahl. (Frohman, Charles)
July 9, 2013 Filing 43 AMENDED COMPLAINT SECOND against All Defendants. Filed by Alaa E. Elkharwily. No summons requested. (Wylie, Richard)
July 2, 2013 Opinion or Order Filing 42 ORDER granting in part #34 Motion to Amend Pleadings; granting in part #9 Motion to Dismiss (Written Opinion). Signed by Senior Judge David S. Doty on 7/2/2013. (PJM)
June 7, 2013 Filing 41 TEXT ONLY ENTRY: NOTICE of Resetting of Pretrial Conference: 40 39 32 #11 Pretrial Conference set for 7/31/2013 reset for 7/29/2013 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP)
June 7, 2013 Filing 40 TEXT ONLY ENTRY: NOTICE of Resetting of Pretrial Conference: 39 32 #11 Pretrial Conference set for 6/14/2013 reset for 7/31/2013 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP)
April 24, 2013 Filing 39 *TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: 32 #11 Pretrial Conference set for 4/29/2013 reset for 6/14/2013 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP)
April 9, 2013 Filing 38 TEXT ONLY ENTRY - NOTICE OF CANCELLATION OF ORAL ARGUMENT - #34 Plaintiff's MOTION to Alter/Amend/Supplement Pleadings set for hearing 4/12/2013 at 9:30 AM before Judge David S. Doty, Courtroom 14W, Minneapolis, MN is hereby stricken from the Court's calendar. (CLB)
April 3, 2013 Filing 37 MEMORANDUM in Opposition re #34 MOTION to Alter/Amend/Supplement Pleadings #33 Amended Complaint filed by All Defendants. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Civello, Paul)
March 27, 2013 Filing 36 MEMORANDUM in Support re #34 MOTION to Alter/Amend/Supplement Pleadings #33 Amended Complaint filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
March 27, 2013 Filing 35 NOTICE OF HEARING ON MOTION #34 MOTION to Alter/Amend/Supplement Pleadings #33 Amended Complaint : Motion Hearing set for 4/12/2013 09:30 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Wylie, Richard)
March 27, 2013 Filing 34 MOTION to Alter/Amend/Supplement Pleadings #33 Amended Complaint by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) proposed Second Am. Complaint redlined, #2 Exhibit(s) proposed Second Am. Complaint)(Wylie, Richard)
March 27, 2013 Filing 33 AMENDED COMPLAINT against All Defendants. Filed by Alaa E. Elkharwily. No summons requested. (Wylie, Richard)
March 7, 2013 Filing 32 *TEXT ONLY ENTRY* NOTICE of Resetting of Pretrial Conference: #11 Pretrial Conference set for 3/13/2013 reset for 4/29/2013 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (JEP)
March 4, 2013 Filing 31 MEMORANDUM in Support re #9 MOTION to Dismiss/General Supplemental, per ECF No. 29 filed by All Defendants. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Frohman, Charles)
February 22, 2013 Opinion or Order Filing 30 ORDER granting #22 Motion to Amend the Complaint. Signed by Senior Judge David S. Doty on 2/22/2013. (PJM)
February 22, 2013 Filing 29 TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Richard Wylie for plaintiff; David Schultz & Charles Frohman for defendants; Motion Hearing held on 2/22/2013 re #9 MOTION to Dismiss/General filed by Mayo Clinic, Inc., John Grzybowski, Mark Ciota, Stephen Waldhoff, Dieter Heinz, Steve Underdahl, Mayo Holding Company, Mayo Clinic Health System - Albert Lea, Robert E. Nesse - argued and taken under advisement. Defendants allowed to submit supplemental memorandum on or before 3/4/2013. #22 MOTION to Alter/Amend/Supplement Pleadings #1 Complaint, filed by Alaa E. Elkharwily - granted. Order to be issued. (Court Reporter Debra Beauvais) (CLB)
February 11, 2013 Opinion or Order Filing 28 ORDER granting #24 Motion for Extension of Time to File Response/Reply re #24 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss/General Replies due by 2/11/2013. Signed by Senior Judge David S. Doty on 2/11/2013. (PJM)
February 11, 2013 Filing 27 DEFENDANTS' REPL MEMORANDUM IN SUPPORT OF #9 MOTION to Dismiss/General filed by All Defendants. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schultz, David) Modified text on 2/11/2013 (jz).
February 11, 2013 Filing 26 DOCUMENT FILED IN ERROR-Reply to Response to Motion re #9 MOTION to Dismiss/General filed by All Defendants. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schultz, David) Modified text on 2/11/2013 (jz).
February 8, 2013 Filing 25 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mark Ciota, John Grzybowski, Dieter Heinz, Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff re #9 MOTION to Dismiss/General , #24 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss/General (Civello, Paul)
February 8, 2013 Filing 24 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss/General by Mark Ciota, John Grzybowski, Dieter Heinz, Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company, Robert E. Nesse, Steve Underdahl. (Civello, Paul)
February 1, 2013 Filing 23 NOTICE OF HEARING ON MOTION #22 MOTION to Alter/Amend/Supplement Pleadings #1 Complaint, : Motion Hearing set for 2/22/2013 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Wylie, Richard)
February 1, 2013 Filing 22 MOTION to Alter/Amend/Supplement Pleadings #1 Complaint, by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) Mark Up, #2 Exhibit(s) Amended Complaint)(Wylie, Richard)
February 1, 2013 Filing 21 DECLARATION of Richard Wylie in Opposition to #9 MOTION to Dismiss/General filed by Alaa E. Elkharwily. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Wylie, Richard)
February 1, 2013 Filing 20 MEMORANDUM in Opposition re #9 MOTION to Dismiss/General and in filed by Alaa E. Elkharwily. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wylie, Richard)
February 1, 2013 Filing 19 DOCUMENT FILED IN ERROR-AMENDED COMPLAINT against All Defendants. Filed by Alaa E. Elkharwily. No summons requested. (Wylie, Richard) Modified text on 2/4/2013 (jz).
January 11, 2013 Filing 18 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Mark Ciota, John Grzybowski, Dieter Heinz, Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff re #9 MOTION to Dismiss/General (Civello, Paul)
January 11, 2013 Filing 17 Declaration of Paul B. Civello in Support of #9 MOTION to Dismiss/General filed by All Defendants. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5)(Civello, Paul)
January 11, 2013 Filing 16 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by All Defendants re #15 Memorandum in Support of Motion, filed by All Defendants. (Civello, Paul)
January 11, 2013 Filing 15 MEMORANDUM in Support re #9 MOTION to Dismiss/General filed by Mark Ciota, John Grzybowski, Dieter Heinz, Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff. (Civello, Paul)
January 11, 2013 Filing 14 RULE 7.1 DISCLOSURE STATEMENT. 1. There is no corporate entity known as "Mayo Holding Company, a corporation, d/b/a Mayo Health System, d/b/a Mayo Clinic Health System, d/b/a Albert Lea Medical Center - Mayo Health System." The correct legal entities are described below in Paragraphs 2-4. 2. Defendant Mayo Holding Company is a Minnesota non-profit corporation, its sole member is Mayo Clinic, and there is not any publicly-held corporation that owns 10% or more of stock in Mayo Holding Company. 3. Defendant Mayo Clinic Health System Albert Lea, is a Minnesota non-profit corporation, its sole member is Mayo Clinic and there is not any publicly-held corporation that owns 10% or more of stock in Mayo Clinic Health System - Albert Lea. 4. Defendant Mayo Clinic is a Minnesota non-profit corporation, does not have any parent corporation, nor is there a publicly-held corporation that owns 10% or more of stock in Mayo Clinic. (Civello, Paul) Modified on 1/14/2013 (jz).
January 11, 2013 Filing 13 NOTICE of Appearance by Paul B Civello on behalf of All Defendants. (Civello, Paul)
January 9, 2013 Filing 12 NOTICE of Appearance by Charles G Frohman on behalf of All Defendants. (Frohman, Charles)
December 27, 2012 Filing 11 NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 3/13/2013 01:45 PM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Attachments: #1 Consent Form)(MMP)
December 20, 2012 Filing 10 NOTICE OF HEARING ON MOTION #9 MOTION to Dismiss/General : Motion Hearing set for 2/22/2013 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Schultz, David)
December 20, 2012 Filing 9 MOTION to Dismiss/General by Mark Ciota, John Grzybowski, Dieter Heinz, Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff. (Schultz, David)
December 17, 2012 Filing 8 DOCUMENT FILED IN ERROR-DUPLICATE ENTRY NOTICE of Appearance by Joanne Martin on behalf of Mark Ciota, John Grzybowski, Dieter Heinz, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff. (Schultz, David) Modified text on 12/17/2012 (jz).
December 17, 2012 Filing 7 DOCUMENT FILED IN ERROR-DUPLICATE ENTRY NOTICE of Appearance by David T Schultz on behalf of Mark Ciota, John Grzybowski, Dieter Heinz, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff. (Schultz, David) Modified on 12/17/2012 (jz).
December 17, 2012 Filing 6 NOTICE of Appearance by Joanne Martin on behalf of Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company. (Schultz, David) Modified text on 12/17/2012 (jz).
December 17, 2012 Filing 5 NOTICE of Appearance by David T Schultz on behalf of Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company. (Schultz, David)
December 16, 2012 Filing 4 SUMMONS Returned Executed by Alaa E. Elkharwily. Mark Ciota served on 12/7/2012, answer due 12/28/2012; John Grzybowski served on 12/7/2012, answer due 12/28/2012; Dieter Heinz served on 12/7/2012, answer due 12/28/2012; Mayo Clinic served on 12/7/2012, answer due 12/28/2012; Mayo Clinic Health System - Albert Lea served on 12/7/2012, answer due 12/28/2012; Mayo Holding Company served on 12/7/2012, answer due 12/28/2012; Robert E. Nesse served on 12/7/2012, answer due 12/28/2012; Steve Underdahl served on 12/7/2012, answer due 12/28/2012; Stephen Waldhoff served on 12/7/2012, answer due 12/28/2012. (Attachments: #1 Affidavit of Service for all defendants)(Wylie, Richard)
December 14, 2012 Opinion or Order Filing 3 ORDER In re: Dispositive-Motion Practice. Signed by Senior Judge David S. Doty on 12/14/2012. (CLB)
December 6, 2012 Filing 2 Summons Issued as to Mark Ciota, John Grzybowski, Dieter Heinz, Mayo Clinic, Mayo Clinic Health System - Albert Lea, Mayo Holding Company, Robert E. Nesse, Steve Underdahl, Stephen Waldhoff. (jz)
December 6, 2012 Filing 1 COMPLAINT against All Defendants. (Filing fee $350 receipt number 3000245.) Case assigned to Judge David S. Doty per Master List referred to Magistrate Judge Jeffrey J. Keyes. Filed by Alaa E. Elkharwily. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet). (jz) QC'd on 12/27/2012 (lmb).

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Search for this case: Elkharwily v. Mayo Health System - Southeast Minnesota Region
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Plaintiff: M.D. Alaa E. Elkharwily
Represented By: Richard T Wylie
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Defendant: Mayo Holding Company a corporation doing business as Mayo Health System doing business as Mayo Clinic Health System doing business as Albert Lea Medical Center - Mayo Health System
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Mayo Clinic Health System - Albert Lea
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Mark Ciota
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: John Grzybowski
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Dieter Heinz
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Robert E. Nesse
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Steve Underdahl
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Stephen Waldhoff
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Mayo Foundation
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Defendant: Mayo Health System - Southeast Minnesota Region doing business as Mayo Clinic Health System - Albert Lea and Austin (MCHS-SMR)
Represented By: Charles G Frohman
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Defendant: Mayo Clinic, Inc.
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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Counter claimant: Mayo Holding Company
Represented By: Charles G Frohman
Represented By: Joanne L Martin
Represented By: David T Schultz
Represented By: Paul B Civello
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