Ellis v. Specialty Orthopedic Group of Mississippi, PLLC et al
Plaintiff: Andy Ellis, Jr.
Defendant: Specialty Orthopedic Group of Mississippi, PLLC, David Andrew Vecchione, M.D., Medtronic, PLC, Jonathan Bennett, North Mississippi Medical Center, Inc., Relias Emergency Medicine Specialists of Tupelo, LLC, Relias Hospitalist Medicine Specialists of Tupelo, LLC, Misty Rea, M.D., Nathanael Eisenhut, D.O., Bradley Boldizar, M.D., Mahesh Bhatt, M.D., Carl Bevering, M.D., John Does 1-10 and Medtronic, Inc.
Case Number: 1:2023cv00060
Filed: April 18, 2023
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Sharion Aycock
Referring Judge: Neal B Biggers
2 Judge: Michael P Mills
3 Judge: David A Sanders
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2023 Opinion or Order Filing 64 JOINDER re #54 MOTION for Judgment on the Pleadings . (Upchurch, David)
September 20, 2023 Opinion or Order Filing 63 JOINDER re #54 MOTION for Judgment on the Pleadings . (Johnson, Whitman)
September 19, 2023 Opinion or Order Filing 62 REPLY to Response to Motion re #54 MOTION for Judgment on the Pleadings filed by North Mississippi Medical Center, Inc.. (Wheeler, John)
September 17, 2023 Opinion or Order CLERK'S NOTICE re #60 MOTION for Extension of Time to File Response/Reply; All related filings to motion must be linked back to the original motion instead of a responsive pleading. Court staff has made the correction. (jla)
September 15, 2023 Opinion or Order Filing 61 ORDER granting #60 Motion for Extension of Time to File Response/Reply to #54 MOTION for Judgment on the Pleadings Responses due by 9/19/2023. Signed by Senior Judge Michael P. Mills on 9/15/2023. (lgm)
September 15, 2023 Opinion or Order Filing 60 MOTION for Extension of Time to File Response/Reply re #54 MOTION for Judgment on the Pleadings by North Mississippi Medical Center, Inc.. (Wheeler, John) Modified on 9/17/2023 (jla).
September 8, 2023 Opinion or Order CLERK'S NOTICE re #59 Memorandum in Support; All related filings to motion must be linked back to the original motion instead of a responsive pleading. Court staff has made the correction. (jla)
September 7, 2023 Opinion or Order Filing 59 MEMORANDUM IN SUPPORT re #58 Response in Opposition to Motion re #54 MOTION for Judgment on the Pleadings filed by Andy Ellis, Jr. (Simmons, Heber) Modified on 9/8/2023 (jla).
September 7, 2023 Opinion or Order Filing 58 RESPONSE in Opposition re #54 MOTION for Judgment on the Pleadings filed by Andy Ellis, Jr. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Medical record excerpts) (Simmons, Heber)
September 7, 2023 Opinion or Order CLERK'S NOTICE re #57 Response in Opposition to Motion; Attorney to refile Response and Memorandum Brief as separate docket entries as required by L.U.Civ.R. 7(b)(2). (jla)
September 6, 2023 Opinion or Order Filing 57 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE RESPONSE in Opposition re #54 MOTION for Judgment on the Pleadings filed by Andy Ellis, Jr. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - selected medical records) (Simmons, Heber) Modified on 9/7/2023 (jla).
September 6, 2023 Opinion or Order Filing 56 JOINDER re #54 MOTION for Judgment on the Pleadings . (Bettiga, Beau)
September 5, 2023 Opinion or Order Filing 55 MEMORANDUM IN SUPPORT re #54 MOTION for Judgment on the Pleadings filed by North Mississippi Medical Center, Inc.. (Wheeler, John)
September 5, 2023 Opinion or Order Filing 54 MOTION for Judgment on the Pleadings by North Mississippi Medical Center, Inc.. (Wheeler, John)
August 15, 2023 Opinion or Order Filing 53 ORDER OF RECUSAL. District Judge Debra M. Brown recused. Case reassigned to Senior Judge Michael P. Mills for all further proceedings. Signed by District Judge Debra M. Brown on 8/15/2023. (jwr)
August 14, 2023 Opinion or Order Filing 52 ORDER REASSIGNING CASE. Case reassigned to District Judge Debra M. Brown for all further proceedings. Senior Judge Neal B. Biggers no longer assigned to case. For chambers contact information please see the following web site. ( # **www.msnd.uscourts.gov/judges-information** ). Signed by District Judge Debra M. Brown on 8/14/2023. (jla)
August 4, 2023 Opinion or Order Filing 51 Minute Entry for proceedings held before Magistrate Judge David A. Sanders: Telephonic Case Management Conference held on 8/4/2023. No Case Management Order to be entered at this time. Case Management Conference to be reset. (jf)
August 2, 2023 Opinion or Order Filing 50 DISCLOSURE STATEMENT filed by Relias Hospitalist Medicine Specialists of Tupelo, LLC . (Howland, Kimberly)
August 2, 2023 Opinion or Order Filing 49 DISCLOSURE STATEMENT filed by Nathanael Eisenhut, DO, Relias Hospitalist Medicine Specialists of Tupelo, LLC Fed. R. Civ. P. 26(a)(1) Disclosures. (Howland, Kimberly)
July 28, 2023 Opinion or Order Filing 48 NOTICE OF SERVICE of Initial Disclosures by David Walker Upchurch on behalf of Specialty Orthopedic Group of Mississippi, PLLC, David Andrew Vecchione, MD to All Counsel of Record. (Upchurch, David)
July 27, 2023 Opinion or Order Filing 47 NOTICE OF SERVICE of Defendants Medtronic, Inc.'s and Jonathan Bennett's Initial Disclosures by Victoria J. Langton on behalf of Jonathan Bennett, Medtronic, Inc. to All Counsel of Record. (Langton, Victoria)
July 27, 2023 Opinion or Order Filing 46 NOTICE OF SERVICE of Plaintiff's Rule 26(a)(1) Initial Disclosures by Heber S. Simmons, III on behalf of Andy Ellis, Jr to All counsel of record. (Simmons, Heber)
July 25, 2023 Opinion or Order Filing 45 NOTICE OF SERVICE of Initial Disclosures by John G. Wheeler on behalf of Carl Bevering, MD, Mahesh Bhatt, MD, Bradley Boldizar, MD, North Mississippi Medical Center, Inc.. (Wheeler, John)
July 24, 2023 Opinion or Order Filing 44 NOTICE OF SERVICE of Initial Disclosures by Whitman B. Johnson, III on behalf of Misty Rea, MD, Relias Emergency Medicine Specialists of Tupelo, LLC. (Johnson, Whitman)
July 10, 2023 Opinion or Order Filing 43 NOTICE of Attorney Appearance by Kimberly Nelson Howland on behalf of Nathanael Eisenhut, DO, Relias Hospitalist Medicine Specialists of Tupelo, LLC (Howland, Kimberly)
July 5, 2023 Opinion or Order Filing 42 INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 8/4/2023 at 9:00 AM from Amory Tele-Conference before Magistrate Judge David A. Sanders. Proposed Case Management Order and Confidential Settlement Memos due by 7/28/2023. Signed by Magistrate Judge David A. Sanders on 7/5/2023. (jf)
June 21, 2023 Opinion or Order Filing 41 ORDER granting #39 Motion to Appear Pro Hac Vice; Attorney Victoria J. Langton. Signed by Magistrate Judge David A. Sanders on 6/21/23. (cs)
June 21, 2023 Opinion or Order Filing 40 DISCLOSURE STATEMENT filed by North Mississippi Medical Center, Inc. . (Wheeler, John)
June 21, 2023 Opinion or Order Filing 39 MOTION to Appear Pro Hac Vice ; Attorney Victoria J. Langton,(Paid $150 PHV fee; receipt number AMSNDC-2259462) by Jonathan Bennett, Medtronic, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Thompson, J.)
June 21, 2023 Opinion or Order Filing 38 ORDER granting #37 Motion to Appear Pro Hac Vice; Attorney Victoria Davis Lockard. Signed by Magistrate Judge David A. Sanders on 6/21/23. (cs)
June 20, 2023 Opinion or Order Filing 37 MOTION to Appear Pro Hac Vice ; Attorney Victoria Davis Lockard,(Paid $150 PHV fee; receipt number AMSNDC-2259094) by Jonathan Bennett, Medtronic, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Thompson, J.)
June 19, 2023 Opinion or Order Filing 36 ANSWER to #8 Amended Complaint by Relias Hospitalist Medicine Specialists of Tupelo, LLC. (Hodges, Robert)
June 19, 2023 Opinion or Order Filing 35 ANSWER to #8 Amended Complaint by Nathanael Eisenhut, DO. (Hodges, Robert)
June 16, 2023 Opinion or Order Filing 34 ANSWER to #8 Amended Complaint by Jonathan Bennett. (Thompson, J.)
June 16, 2023 Opinion or Order Filing 33 DISCLOSURE STATEMENT filed by Medtronic, Inc. . (Thompson, J.)
June 16, 2023 Opinion or Order Filing 32 ANSWER to #8 Amended Complaint by Medtronic, Inc.. (Thompson, J.)
June 2, 2023 Opinion or Order Filing 31 ANSWER to #8 Amended Complaint with Jury Demand by Specialty Orthopedic Group of Mississippi, PLLC. (Upchurch, David) Modified on 6/6/2023 (jla).
May 25, 2023 Opinion or Order Filing 30 STIPULATION re #8 Amended Complaint by Medtronic, Inc., Jonathan Bennett. (Thompson, J.)
May 24, 2023 Opinion or Order Filing 29 ANSWER to #8 Amended Complaint by Misty Rea, MD, Relias Emergency Medicine Specialists of Tupelo, LLC. (Johnson, Whitman)
May 23, 2023 Opinion or Order Filing 28 WAIVER OF SERVICE Returned Executed ; Misty Rea, MD waiver sent on 5/23/2023. (Brown, Anderson)
May 23, 2023 Opinion or Order Filing 27 ORDER TO SHOW CAUSE re Clarence M. Osborne. Signed by Clerk on 5/23/23. (jla)
May 23, 2023 Opinion or Order CLERK'S NOTICE of Incomplete Process as to Misty Rea, M.D. (jla)
May 22, 2023 Opinion or Order Filing 26 ANSWER to #8 Amended Complaint by David Andrew Vecchione, MD. (Upchurch, David)
May 19, 2023 Opinion or Order Filing 25 ANSWER to #8 Amended Complaint by Carl Bevering, MD. (Wheeler, John)
May 19, 2023 Opinion or Order Filing 24 ANSWER to #8 Amended Complaint by Mahesh Bhatt, MD. (Wheeler, John)
May 19, 2023 Opinion or Order Filing 23 ANSWER to #8 Amended Complaint by Bradley Boldizar, MD. (Wheeler, John)
May 19, 2023 Opinion or Order Filing 22 ANSWER to #8 Amended Complaint by North Mississippi Medical Center, Inc.. (Wheeler, John)
May 15, 2023 Opinion or Order Filing 21 NOTICE of Attorney Appearance by John G. Wheeler on behalf of Carl Bevering, MD, Mahesh Bhatt, MD, Bradley Boldizar, MD, North Mississippi Medical Center, Inc. (Wheeler, John)
May 15, 2023 Opinion or Order Filing 20 WAIVER OF SERVICE Returned Executed ; Specialty Orthopedic Group of Mississippi, PLLC waiver sent on 5/12/2023. (Brown, Anderson)
May 12, 2023 Opinion or Order Filing 19 ANSWER to #1 Complaint with Jury Demand by Relias Emergency Medicine Specialists of Tupelo, LLC. (Johnson, Whitman)
May 10, 2023 Opinion or Order Filing 18 SUMMONS Returned Executed by Anderson R. Brown on behalf of Andy Ellis, Jr Bradley Boldizar, MD served on 5/8/2023. (Brown, Anderson)
May 10, 2023 Opinion or Order Filing 17 SUMMONS Returned Executed by Anderson R. Brown on behalf of Andy Ellis, Jr Carl Bevering, MD served on 5/8/2023. (Brown, Anderson)
May 10, 2023 Opinion or Order Filing 16 SUMMONS Returned Executed by Anderson R. Brown on behalf of Andy Ellis, Jr North Mississippi Medical Center, Inc. served on 5/8/2023. (Brown, Anderson)
May 4, 2023 Opinion or Order Filing 15 SUMMONS Returned Executed by Anderson R. Brown on behalf of Andy Ellis, Jr Medtronic, Inc. served on 5/3/2023. (Brown, Anderson)
May 4, 2023 Opinion or Order Filing 14 SUMMONS Returned Executed by Anderson R. Brown on behalf of Andy Ellis, Jr Mahesh Bhatt, MD served on 5/1/2023. (Brown, Anderson)
May 2, 2023 Opinion or Order Filing 13 ORDER OF RECUSAL. Senior Judge Glen H. Davidson recused. Case reassigned to Senior Judge Neal B. Biggers for all further proceedings. Signed by Senior Judge Glen H. Davidson on 5/2/2023. (jwr)
May 2, 2023 Opinion or Order Filing 12 Summons Reissued as to Medtronic, Inc.; emailed to Attorney for service. (jla)
May 2, 2023 Opinion or Order Filing 11 SUMMONS Returned Executed by Heber S. Simmons, III on behalf of Andy Ellis, Jr David Andrew Vecchione, MD served on 5/1/2023. (Simmons, Heber)
May 2, 2023 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed ; Jonathan Bennett waiver sent on 4/28/2023. (Simmons, Heber)
May 1, 2023 Opinion or Order Filing 9 Summons Issued as to Medtronic, Inc.; emailed to Attorney for service. (jla)
May 1, 2023 Opinion or Order CLERK'S NOTICE re #8 Amended Complaint; Request for Issuance of Summons should be emailed to the Clerks e-mail address at: ecf_information@msnd.uscourts.gov. (jla)
April 28, 2023 Opinion or Order Filing 8 AMENDED COMPLAINT against All Defendants, Jury Demand, filed by Andy Ellis, Jr. (Attachments: #1 Summons Summons to Medtronic, Inc.) (Simmons, Heber)
April 28, 2023 Opinion or Order Filing 7 ORDER OF RECUSAL. District Judge Sharion Aycock recused. Case reassigned to Senior Judge Glen H. Davidson for all further proceedings. Signed by District Judge Sharion Aycock on 4/28/23. (jla)
April 27, 2023 Opinion or Order Filing 6 SUMMONS Returned Executed by Anderson R. Brown on behalf of Andy Ellis, Jr Relias Emergency Medicine Specialists of Tupelo, LLC served on 4/21/2023. (Brown, Anderson)
April 24, 2023 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed ; Relias Hospitalist Medicine Specialists of Tupelo, LLC waiver sent on 4/19/2023. (Brown, Anderson)
April 24, 2023 Opinion or Order Filing 4 WAIVER OF SERVICE Returned Executed ; Nathanael Eisenhut, DO waiver sent on 4/19/2023. (Brown, Anderson)
April 18, 2023 Opinion or Order Filing 3 NOTICE of Mandatory Electronic Case Filing as to Clarence M. Osborne. (jla)
April 18, 2023 Opinion or Order Filing 2 Summons Issued as to Jonathan Bennett, Carl Bevering, MD, Mahesh Bhatt, MD, Bradley Boldizar, MD, Nathanael Eisenhut, DO, Medtronic, PLC, North Mississippi Medical Center, Inc., Misty Rea, MD, Relias Emergency Medicine Specialists of Tupelo, LLC, Relias Hospitalist Medicine Specialists of Tupelo, LLC, Specialty Orthopedic Group of Mississippi, PLLC, David Andrew Vecchione, MD; emailed to attorney for service. (jla)
April 18, 2023 Opinion or Order Filing 1 COMPLAINT, Jury Demand, Filing fee $ 402, receipt number AMSNDC-2233051, filed by Andy Ellis, Jr. (Attachments: #1 Exhibit A - Notice of Claim, #2 Civil Cover Sheet) (jla)
April 18, 2023 Opinion or Order NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Sanders. (jla)

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Search for this case: Ellis v. Specialty Orthopedic Group of Mississippi, PLLC et al
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Plaintiff: Andy Ellis, Jr.
Represented By: Heber S. Simmons, III
Represented By: Anderson R. Brown
Represented By: Clarence M. Osborne
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Defendant: Specialty Orthopedic Group of Mississippi, PLLC
Represented By: David Walker Upchurch
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Defendant: David Andrew Vecchione, M.D.
Represented By: David Walker Upchurch
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Defendant: Medtronic, PLC
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Defendant: Jonathan Bennett
Represented By: J. Carter Thompson, Jr.
Represented By: Victoria J. Langton
Represented By: Victoria Davis Lockard
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Defendant: North Mississippi Medical Center, Inc.
Represented By: John G. Wheeler
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Defendant: Relias Emergency Medicine Specialists of Tupelo, LLC
Represented By: Whitman B. Johnson, III
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Defendant: Relias Hospitalist Medicine Specialists of Tupelo, LLC
Represented By: Robert Mark Hodges
Represented By: Kimberly Nelson Howland
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Defendant: Misty Rea, M.D.
Represented By: Whitman B. Johnson, III
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Defendant: Nathanael Eisenhut, D.O.
Represented By: Robert Mark Hodges
Represented By: Beau Michael Bettiga
Represented By: Kimberly Nelson Howland
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Defendant: Bradley Boldizar, M.D.
Represented By: John G. Wheeler
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Defendant: Mahesh Bhatt, M.D.
Represented By: John G. Wheeler
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Defendant: Carl Bevering, M.D.
Represented By: John G. Wheeler
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Defendant: John Does 1-10
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Defendant: Medtronic, Inc.
Represented By: J. Carter Thompson, Jr.
Represented By: Victoria J. Langton
Represented By: Victoria Davis Lockard
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