Herndon v. Avera Marshall et al
| Deborah H. Herndon |
| Virtual Radiologic Professionals, LLC, PLLC, Virtual Radiologic Professionals of Minnesota, P.A., John and Jane Does, Virtual Radiologic Corporation, Gregory Wayne Wolfe, Avera Marshall and Avera McKennan |
| 0:2020cv00441 |
| February 4, 2020 |
| US District Court for the District of Minnesota |
| Hildy Bowbeer |
| David S Doty |
| Donovan W Frank |
| Tony N Leung |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 35
(Text-Only) ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. A status conference shall be held by telephone on April 15, 2020 at 1:00 p.m. Call-in information shall be provided to the parties by email. No later than April 10, 2020, the parties shall file a joint letter addressing: (1) whether it would be prudent for an amended complaint to be filed that combines all causes of action in case numbers 18-cv-1930 and 20-cv-441; (2) how all future filings in both cases will be handled under the electronic rules of this district; and (3) any other pretrial issues that parties believe need to be addressed at the status conference. Each party shall also submit a Letter/Memorandum concerning settlement including without limitation, whether the case is appropriate for settlement or alternative dispute resolutionwhich shall remain confidential between the Court and that party. The confidential settlement letter shall be delivered to Magistrate Judge Leung's chambers via e-mail to leung_chambers@mnd.uscourts.gov. Ordered by Magistrate Judge Tony N. Leung on 3/27/2020. Associated Cases: 0:18-cv-01930-DWF-TNL, 0:20-cv-00441-DWF-TNL (JRE)
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Filing 34
ORDER CONSOLIDATING CASES re #29 Stipulation. Signed by Judge Donovan W. Frank on 3/26/2020. (las)
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| Filing 33 (Text-Only) NOTICE - Judge Donovan W. Frank's Practice Pointers are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these practice pointers, in addition to the District of Minnesota's Local Rules and Federal Rules of Civil Procedure. (las) |
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Filing 32
TEXT ONLY ORDER: On February 26, 2020, a Pretrial Scheduling Conference was noticed for April 3, 2020, before the undersigned (ECF No. 27). On March 25, 2020, this case was reassigned to District Judge Donovan W. Frank and Magistrate Judge Tony N. Leung. Accordingly, the Pretrial Conference scheduled for April 3, 2020 is CANCELLED. The conference will be rescheduled by Magistrate Judge Leung. Signed by Magistrate Judge Hildy Bowbeer on 3/25/2020. (JMK)
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Filing 31
ORDER OF REASSIGNMENT OF RELATED CASES. This Case is reassigned to Judge Donovan W. Frank and Magistrate Judge Tony N. Leung for all further proceedings. Senior Judge David S. Doty, Magistrate Judge Hildy Bowbeer no longer assigned to case. NOTE: the new case number is 20-cv-441 (DWF/TNL). Please use this case number for all subsequent pleadings. Signed by Judge Donovan W. Frank and Judge David S. Doty on 3/24/2020. (MKB)
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| Filing 30 PROPOSED ORDER TO JUDGE re #29 Stipulation,. (Tuchscherer, Joshua) |
| Filing 29 STIPULATION for Consolidation of Cases by Deborah H. Herndon. Jointly Signed by Herndon, Avera Marshall, Avera McKennan, Virtual Radiologic Corporation, Virtual Radiologic Professionals, LLC, PLLC, Virtual Radiologic Professionals of Minnesota, Gregory Wayne Wolfe, M.D., and John and Jane Does, MDs. (Tuchscherer, Joshua) |
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Filing 28
TEXT ONLY ORDER - PRETRIAL SCHEDULING CONFERENCE BY TELEPHONE: The District of Minnesota, in recognition of current efforts locally and nationally to protect persons from unnecessary potential exposure to COVID-19, is monitoring The Center for Disease Control and Prevention, and State of Minnesota guidance. Accordingly, in order to limit the potential for exposure due to travel by counsel and parties, the Pretrial Scheduling Conference, scheduled for April 3, 2020, at 10:15 a.m. CDT, in this case will be held by telephone. A call-in number will be provided by separate e-mail prior to the conference. If the parties, or their counsel, believe that going forward with the Pretrial Scheduling Conference by telephone is not advisable or necessary, the parties may file a short joint letter with their alternative proposals. The parties have this Court's permission to file letters regarding concerns relating to COVID-19 pursuant to this Text Order. The parties are not required to conduct any applicable meet and confers in person. Ordered by Magistrate Judge Hildy Bowbeer on 3/13/2020. (JMK)
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Filing 27
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report due by 3/27/2020. Pretrial Conference set for 4/3/2020 at 10:15 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 2/26/2020. (Attachments: #1 Consent Form)(JMK)
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| Filing 26 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Virtual Radiologic Professionals, LLC, PLLC. (Solheim, Mark) |
| Filing 25 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Virtual Radiologic Professionals of Minnesota, P.A.. (Solheim, Mark) |
| Filing 24 RULE 7.1 DISCLOSURE STATEMENT. American Radiology, LLC is a publicly-held corporation owning 10 percent or more of stock of Defendant Virtual Radiologic Corporation. (Solheim, Mark) |
| Filing 23 Joint and Separate ANSWER to Complaint of Virtual Radiologic Corporation, Virtual Radiologic Professionals, LLC, PLLC, Virtual Radiologic Professionals of Minnesota, P.A., and Gregory Wayne Wolfe, M.D. filed by Virtual Radiologic Corporation, Virtual Radiologic Professionals of Minnesota, P.A., Virtual Radiologic Professionals, LLC, PLLC, Gregory Wayne Wolfe. (Solheim, Mark) |
| Filing 22 NOTICE of Appearance by Mark A Solheim on behalf of Virtual Radiologic Corporation, Virtual Radiologic Professionals of Minnesota, P.A., Virtual Radiologic Professionals, LLC, PLLC, Gregory Wayne Wolfe. (Solheim, Mark) |
| Filing 21 NOTICE of Appearance by Wendy M Bratten on behalf of Virtual Radiologic Corporation, Virtual Radiologic Professionals of Minnesota, P.A., Virtual Radiologic Professionals, LLC, PLLC, Gregory Wayne Wolfe. (Bratten, Wendy) |
| Filing 20 NOTICE of Appearance by Benjamin D McAninch on behalf of Avera McKennan. (McAninch, Benjamin) |
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Filing 19
TEXT ONLY ENTRY: ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Roger Sudbeck for Avera McKennan. Ordered by Magistrate Judge Hildy Bowbeer on 2/24/2020. (NAH)
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| Filing 18 Rule 7.1 Corporate Disclosure Statement: The sole member of Avera Marshall is Avera Health, which is a South Dakota non-profit corporation. No publicly held corporation owns 10% or more of Avera Marshalls stock by Avera Marshall.(Loidolt, Cecilie) Modified text on 2/24/2020 (MMG). |
| Filing 17 ANSWER to Complaint filed by Avera Marshall. (Loidolt, Cecilie) |
| Filing 16 MOTION for Admission Pro Hac Vice for Attorney Roger A. Sudbeck. Filing fee $ 100, receipt number AMNDC-7496740 filed by Avera McKennan. (McAninch, Benjamin) |
| Filing 15 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Avera McKennan. (McAninch, Benjamin) |
| Filing 14 Separate ANSWER to Complaint filed by Avera McKennan. (McAninch, Benjamin) |
| Filing 13 NOTICE of Appearance by Benjamin D McAninch on behalf of Avera McKennan. (McAninch, Benjamin) |
| Filing 12 SUMMONS Returned Executed by Deborah H. Herndon. John and Jane Does served on 2/5/2020, answer due 2/26/2020. (Tuchscherer, Joshua) |
| Filing 11 SUMMONS Returned Executed by Deborah H. Herndon. Gregory Wayne Wolfe served on 2/11/2020, answer due 3/3/2020. (Tuchscherer, Joshua) |
| Filing 10 SUMMONS Returned Executed by Deborah H. Herndon. Virtual Radiologic Professionals of Minnesota, P.A. served on 2/5/2020, answer due 2/26/2020. (Tuchscherer, Joshua) |
| Filing 9 SUMMONS Returned Executed by Deborah H. Herndon. Virtual Radiologic Professionals, LLC, PLLC served on 2/5/2020, answer due 2/26/2020. (Tuchscherer, Joshua) |
| Filing 8 SUMMONS Returned Executed by Deborah H. Herndon. Virtual Radiologic Corporation served on 2/5/2020, answer due 2/26/2020. (Tuchscherer, Joshua) |
| Filing 7 SUMMONS Returned Executed by Deborah H. Herndon. Avera McKennan served on 2/5/2020, answer due 2/26/2020. (Tuchscherer, Joshua) |
| Filing 6 SUMMONS Returned Executed by Deborah H. Herndon. Avera Marshall served on 2/5/2020, answer due 2/26/2020. (Tuchscherer, Joshua) |
| (Text-Only) NOTICE - Magistrate Judge Hildy Bowbeer's Practice Pointers, which have been recently revised, are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from Local Rules. (JMK) |
| Filing 5 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Robert P. Roth as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (MKB) |
| Filing 4 Summons Issued as to Avera Marshall, Avera McKennan, John and Jane Does, Virtual Radiologic Corporation, Virtual Radiologic Professionals of Minnesota, P.A., Virtual Radiologic Professionals, LLC, PLLC, Gregory Wayne Wolfe. (MKB) |
| Filing 3 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge David S. Doty per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 20-cv-441 (DSD/HB). (MKB) |
| Filing 2 NOTICE of Appearance by Joshua M Tuchscherer on behalf of Deborah H. Herndon. (Tuchscherer, Joshua) |
| Filing 1 COMPLAINT against All Defendants (filing fee $ 400, receipt number AMNDC-7453600) filed by Deborah H. Herndon. Filer requests summons issued. (Attachments: #1 Affidavit of Expert Review (JMT), #2 Civil Cover Sheet) (Tuchscherer, Joshua) |
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