Thapa v. CentraCare Health System et al
| Anuj Thapa |
| CentraCare Health System, Constellation Inc, MMIC Insurance Inc, St. Cloud Orthopedic Associates, Ltd., Constellation, Inc. and MMIC Insurance, Inc. |
| 0:2022cv02204 |
| September 9, 2022 |
| US District Court for the District of Minnesota |
| Tony N Leung |
| Katherine M Menendez |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1402 Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on November 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 53 PROPOSED ORDER TO JUDGE re #49 MOTION to Dismiss/General Plaintiff's Amended Complaint or Stay the Declaratory Judgment Action filed by CentraCare Health System.(Stikeleather, Derek) |
| Filing 52 Declaration of Stephen M. Warner in Support of #49 MOTION to Dismiss/General Plaintiff's Amended Complaint or Stay the Declaratory Judgment Action filed by CentraCare Health System. (Attachments: #1 Exhibit(s) 1 - St. Cloud Motion for New Trial, #2 Exhibit(s) 2 - Stipulation to Hold Post-Trial Motions in Abeyance, #3 Exhibit(s) 3 - Court Order dated 9.6.22)(Stikeleather, Derek) |
| Filing 51 BRIEF re #49 MOTION to Dismiss/General Plaintiff's Amended Complaint or Stay the Declaratory Judgment Action filed by CentraCare Health System. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Stikeleather, Derek) |
| Filing 50 NOTICE OF HEARING ON MOTION #49 MOTION to Dismiss/General Plaintiff's Amended Complaint or Stay the Declaratory Judgment Action : Motion Hearing set for 12/20/2022 at 01:00 PM in Courtroom 3A (STP) before Judge Katherine M. Menendez. (Stikeleather, Derek) |
| Filing 49 MOTION to Dismiss/General Plaintiff's Amended Complaint or Stay the Declaratory Judgment Action filed by CentraCare Health System. (Stikeleather, Derek) |
| Filing 48 PROPOSED ORDER TO JUDGE re #45 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by MMIC Insurance, Inc..(Koebele, C) |
| Filing 47 BRIEF re #45 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by MMIC Insurance, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Koebele, C) |
| Filing 46 NOTICE OF HEARING ON MOTION #45 MOTION to Dismiss/General Plaintiff's Amended Complaint : Motion Hearing set for 12/20/2022 at 01:00 PM in Courtroom 3A (STP) before Judge Katherine M. Menendez. (Koebele, C) |
| Filing 45 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by MMIC Insurance, Inc.. (Koebele, C) |
| Filing 44 ANSWER to #36 Amended Complaint filed by St. Cloud Orthopedic Associates, Ltd.. (Ascheman, Bryon) |
| Filing 43 LETTER TO CLERK'S OFFICE from Mark D. Malloy. (Malloy, Mark) |
Filing 42
(Text-only) ORDER: The motions to dismiss the original complaint [13, 25] are deemed moot as a result of the filing of the amended complaint. If a motion to dismiss the amended complaint is filed on or before November 2, 2022, as represented by counsel for CentraCare in its October 27th letter #41 , the Court will hold a hearing on that motion on December 20, 2022 at 1:00pm in Courtroom 3A (STP) as previously scheduled 32 . Signed by Judge Katherine M. Menendez on 10/28/2022. (BJP)
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| Filing 41 LETTER TO CLERK'S OFFICE from CentraCare alerting Court to its pre-hearing briefing plans in light of recent filings, which may have caused some confusion. (Stikeleather, Derek) |
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Filing 40
(Text-Only) ORDER: Counsel for CentraCare Health System contacted the Court seeking leave to file a letter regarding the pending Motion to Dismiss in this matter. The Court hereby grants CentraCare Health System permission to file a letter no longer than five pages. Any party that wishes to file a responsive letter may do so no later than three business days after CentraCare Health System files its letter. Ordered by Judge Katherine M. Menendez on 10/26/2022.(EYM)
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| Filing 39 MEMORANDUM in Opposition re #13 MOTION to Dismiss/General , #25 MOTION to Dismiss/General filed by St. Cloud Orthopedic Associates, Ltd.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ascheman, Bryon) |
| Filing 38 DECLARATION of Brandon Thompson in Opposition to #25 MOTION to Dismiss/General filed by Anuj Thapa. (Attachments: #1 Exhibit(s) 1 - email string with Loidolt, #2 Exhibit(s) 2 - email string with Bjorkman, #3 Exhibit(s) 3 - SCOA's initial disclosures, #4 Exhibit(s) 4 - CentraCare's initial disclosures, #5 Exhibit(s) 5 - MMIC adjuster email, #6 Exhibit(s) 6 - letter to CentraCare's counsel, #7 Exhibit(s) 7 - MMIC adjuster email, #8 Exhibit(s) 8 - email from defense counsel, #9 Exhibit(s) 9 - letter from defense counsel)(Thompson, Brandon) |
| Filing 37 RESPONSE in Opposition re #25 MOTION to Dismiss/General or Stay filed by Anuj Thapa. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Thompson, Brandon) |
| Filing 36 AMENDED COMPLAINT for Declaratory Judgment against All Defendants. filed by Anuj Thapa. No summons requested. (Attachments: #1 Exhibit(s) Exhibit A - Agreement with CentraCare) (Thompson, Brandon) |
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Filing 35
ORDER DISMISSING Constellation, Inc.. Signed by Judge Katherine M. Menendez on 10/18/2022.(KAT)
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| Filing 34 PROPOSED ORDER TO JUDGE re #33 Stipulation of Dismissal. (Thompson, Brandon) |
| Filing 33 STIPULATION of Dismissal of Defendant Constellation, Inc. by Anuj Thapa. Jointly Signed by CentraCare Health System, Constellation, Inc., MMIC Insurance, Inc., and St. Cloud Orthopedic Associates, Ltd.. (Thompson, Brandon) |
| Filing 32 (Text-Only) NOTICE of Resetting of Hearing: The hearing regarding #25 MOTION to Dismiss and #13 MOTION to Dismiss set for 12/22/2022 at 10:00 AM have been RESCHEDULED. The Motion Hearing will commence on 12/20/2022 at 01:00 PM in Courtroom 3A (STP) before Judge Katherine M. Menendez. (KAT) |
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Filing 31
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re #13 MOTION to Dismiss/General , #25 MOTION to Dismiss/General. Within 30 days of the motion being decided, Plaintiff shall contact the chambers of Magistrate Judge Tony Leung, by letter or e-mail, for the purpose of scheduling the pretrial conference. Signed by Magistrate Judge Tony N. Leung on 10/7/2022. (HAM)
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Filing 30
ORDER on #20 Stipulation. St. Cloud Orthopedic Associates, Ltd. answer due 10/19/2022. Signed by Magistrate Judge Tony N. Leung on 10/7/2022. (HAM)
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Filing 29
(Text-Only) ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Mark Dennis Malloy for Constellation, Inc. and MMIC Insurance, Inc. Approved by Magistrate Judge Tony N. Leung on 10/6/2022. (KMO)
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| Filing 28 PROPOSED ORDER TO JUDGE re #25 MOTION to Dismiss/General filed by Constellation, Inc., MMIC Insurance, Inc..(Koebele, C) |
| Filing 27 BRIEF re #25 MOTION to Dismiss/General filed by Constellation, Inc., MMIC Insurance, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Koebele, C) |
| Filing 26 NOTICE OF HEARING ON MOTION #25 MOTION to Dismiss/General : Motion Hearing set for 12/22/2022 at 10:00 AM in Courtroom 3A (STP) before Judge Katherine M. Menendez. (Koebele, C) |
| Filing 25 MOTION to Dismiss/General filed by Constellation, Inc., MMIC Insurance, Inc.. (Koebele, C) |
| Filing 24 MOTION for Admission Pro Hac Vice for Attorney Mark D. Malloy. Filing fee $ 100, receipt number AMNDC-9806630 filed by Constellation, Inc., MMIC Insurance, Inc.. (Koebele, C) |
| Filing 23 NOTICE of Appearance by C Todd Koebele on behalf of Constellation, Inc., MMIC Insurance, Inc.. (Koebele, C) |
| Filing 22 NOTICE of Appearance by Lindsey A Streicher on behalf of Constellation, Inc., MMIC Insurance, Inc.. (Streicher, Lindsey) |
| Filing 21 PROPOSED ORDER TO JUDGE re #20 Stipulation. (Ascheman, Bryon) |
| Filing 20 STIPULATION to extend time for Defendant to respond to complaint by St. Cloud Orthopedic Associates, Ltd.. Jointly Signed by Anuj Thapa. (Ascheman, Bryon) Modified text on 10/6/2022 (ABR). |
| Filing 19 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for St. Cloud Orthopedic Associates, Ltd.. (Ascheman, Bryon) |
| Filing 18 NOTICE of Appearance by Bryon Glen Ascheman on behalf of St. Cloud Orthopedic Associates, Ltd.. (Ascheman, Bryon) |
| Filing 17 PROPOSED ORDER TO JUDGE re #13 MOTION to Dismiss/General filed by CentraCare Health System.(Warner, Stephen) |
| Filing 16 Declaration of Stephen M. Warner in Support of #13 MOTION to Dismiss/General filed by CentraCare Health System. (Attachments: #1 Exhibit(s) Exhibits 1-3)(Warner, Stephen) |
| Filing 15 MEMORANDUM in Support re #13 MOTION to Dismiss/General Plaintiffs Complaint or Stay the Declaratory Judgment Action filed by CentraCare Health System. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Warner, Stephen) |
| Filing 14 NOTICE OF HEARING ON MOTION #13 MOTION to Dismiss/General : Motion Hearing set for 12/22/2022 at 10:00 AM in Courtroom 3A (STP) before Judge Katherine M. Menendez. (Warner, Stephen) |
| Filing 13 MOTION to Dismiss/General filed by CentraCare Health System. (Warner, Stephen) |
| Filing 12 NOTICE of Appearance by James F Dunn on behalf of St. Cloud Orthopedic Associates, Ltd.. (Dunn, James) |
| Filing 11 AFFIDAVIT of Service by Anuj Thapa MMIC Insurance, Inc. (Thompson, Brandon) |
| Filing 10 AFFIDAVIT of Service by Anuj Thapa Constellation, Inc. (Thompson, Brandon) |
| Filing 9 AFFIDAVIT of Service by Anuj Thapa re #3 Summons Issued St. Cloud Orthopedic Associates, Ltd. (Thompson, Brandon) |
| Filing 8 AFFIDAVIT of Service by Anuj Thapa re #3 Summons Issued CentraCare Health System (Thompson, Brandon) |
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Filing 7
ORDER REASSIGNING CASE. Cased Reassigned to Magistrate Judge Tony N. Leung for all further proceedings. Magistrate Judge Elizabeth Cowan Wright no longer assigned to case. NOTE: the new case number is 22-cv-2204 (KMM/TNL). Please use this case number for all subsequent pleadings Signed by Judge Katherine M. Menendez.(KNK) Modified text on 9/20/2022 (KNK).
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Filing 6
(Text-Only) ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Derek McIntosh Stikeleather for CentraCare Health System. Approved by Magistrate Judge Elizabeth Cowan Wright on 9/16/2022. (KMO)
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| Filing 5 MOTION for Admission Pro Hac Vice for Attorney Derek M. Stikeleather. Filing fee $ 100, receipt number AMNDC-9761428 filed by CentraCare Health System. (Warner, Stephen) |
| Filing 4 NOTICE of Appearance by Stephen M Warner on behalf of CentraCare Health System. (Warner, Stephen) |
| Filing 3 Summons Issued as to CentraCare Health System, Constellation, Inc., MMIC Insurance, Inc., St. Cloud Orthopedic Associates, Ltd.. (ABR) |
| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 22-cv-2204 (KMM/ECW).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (ABR) |
| Filing 1 COMPLAINT for Declaratory Judgment against All Defendants (filing fee $ 402, receipt number AMNDC-9749335) filed by Anuj Thapa. Filer requests summons issued. (Attachments: #1 Exhibit(s) A - settlement agreement, #2 Civil Cover Sheet) (Thompson, Brandon) |
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