Smith v. Lott et al
Plaintiff: Kevin Smith
Defendant: John Does 1-5, Correct Care, Inc., Martin Lott, Baptist Medical Center-Leake, Inc., ISD Renal, Inc., DaVita Accountable Healthcare Solutions, LLC and DaVita Rx, LLC
Case Number: 3:2019cv00575
Filed: August 19, 2019
Court: US District Court for the Southern District of Mississippi
Presiding Judge: F Keith Ball
Referring Judge: Carlton W Reeves
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2019 Filing 29 STIPULATION of Dismissal AMENDED by Kevin Smith (Dunnells, Christopher)
October 16, 2019 Filing 28 STIPULATION of Dismissal of Plaintiffs' EMTALA Claim against Defendants by Kevin Smith (Dunnells, Christopher)
October 15, 2019 Reset Hearing: Telephonic Case Management Conference reset for 11/19/2019 02:00 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ)
October 15, 2019 Filing 27 ANSWER to #9 Amended Complaint, Fourth Amended Complaint (Doc. 13) by ISD Renal, Inc..(Huffman, Nicole)
October 4, 2019 DOCKET ANNOTATION as to [#26]: These documents appear to be duplicate filings. Therefore, Doc. [#26] should be disregarded. (MGB)
October 4, 2019 Filing 26 ***ERROR***DISREGARD THIS ENTRY***NOTICE of Appearance by Gaye Nell Currie on behalf of Baptist Medical Center-Leake, Inc. (Currie, Gaye) Modified on 10/4/2019 (MGB).
October 4, 2019 Filing 25 NOTICE of Appearance by Gaye Nell Currie on behalf of Baptist Medical Center-Leake, Inc. (Currie, Gaye)
October 3, 2019 Filing 24 NOTICE of Service of First Supplemental Initial Disclosure by Kevin Smith (Dunbar, David)
September 30, 2019 Filing 23 NOTICE of Service of Rule 26(A)(1) Initial Disclosure by Kevin Smith (Dunbar, David)
September 18, 2019 Opinion or Order Filing 22 ORDER Dismissing Davita Accountable Healthcare Solutions, LLC and Davita RX, LLC without Prejudice. DaVita Accountable Healthcare Solutions, LLC and DaVita Rx, LLC terminated. Signed by District Judge Carlton W. Reeves on 9/18/19 (MGB)
September 16, 2019 Set/Reset Deadlines: DaVita Accountable Healthcare Solutions, LLC answer due 10/18/2019; DaVita RX, LLC answer due 10/18/2019; ISD Renal, Inc. answer due 10/18/2019. (dcw)
September 16, 2019 Opinion or Order TEXT ONLY ORDER granting #21 Unopposed Motion for Extension of Time to Answer. DaVita Accountable Healthcare Solutions, LLC answer due 10/18/2019; DaVita Rx, LLC answer due 10/18/2019; ISD Renal, Inc. answer due 10/18/2019. Signed by Magistrate Judge F. Keith Ball on 9/16/19. NO FURTHER WRITTEN ORDER SHALL ISSUE. (dcw)
September 16, 2019 Filing 21 UNOPPOSED MOTION for Extension of Time to File Answer by DaVita Accountable Healthcare Solutions, LLC, DaVita Rx, LLC, ISD Renal, Inc. (Huffman, Nicole)
September 10, 2019 Filing 20 Separate ANSWER to Complaint (4th Amended Complaint-Dkt #13) by Baptist Medical Center-Leake, Inc..(Graham, Dudley)
September 10, 2019 Filing 19 ANSWER to Complaint (4th Amended Complaint - Doc. 13) by Correct Care, Inc..(Coleman, John)
September 10, 2019 Filing 18 ANSWER to Complaint (4th Amended Complaint - Doc. 13) by Martin Lott.(Coleman, John)
August 28, 2019 Filing 17 SUMMONS Returned Executed by Kevin Smith. Davita Accountable Health Care Solutions, LLC served on 8/28/2019, answer due 9/18/2019. (Dunbar, David)
August 28, 2019 Filing 16 SUMMONS Returned Executed by Kevin Smith. DaVita Rx, LLC served on 8/28/2019, answer due 9/18/2019. (Dunbar, David)
August 28, 2019 Filing 15 SUMMONS Returned Executed by Kevin Smith. ISD Renal, Inc. served on 8/28/2019, answer due 9/18/2019. (Dunbar, David)
August 28, 2019 Filing 14 Summons Issued as to DaVita Rx, LLC, Davita Accountable Health Care Solutions, LLC, ISD Renal, Inc.. (MGB)
August 28, 2019 Filing 13 AMENDED COMPLAINT Fourth Amended Complaint against Martin Lott, M.D., Baptist Medical Center-Leake, Inc., Correct Care, Inc., Davita Accountable Healthcare Solutions, LLC; Davita RX, LLC; ISD Renal Inc. and John Does 1-5 filed by Kevin Smith.(Dunbar, David)
August 28, 2019 Filing 12 AMENDED COMPLAINT Third Amended Complaint against Martin Lott, M.D., Baptist Medical Center-Leake, Inc., Correct Care, Inc., Davita Accountable Healthcare Solutions, LLC; Davita RX, LLC; ISD Renal Inc. and John Does 1-5 filed by Kevin Smith.(Dunbar, David)
August 28, 2019 Filing 11 NOTICE of Appearance by Christopher G. Dunnells on behalf of Kevin Smith (Dunnells, Christopher)
August 28, 2019 Filing 10 NOTICE of Appearance by David C. Dunbar on behalf of Kevin Smith (Dunbar, David)
August 28, 2019 DOCKET ANNOTATION as to #7 and #8 : Incorrect documents attached. Attorney is directed to refile and attach the correct pdf documents. (PKM)
August 27, 2019 Filing 9 AMENDED COMPLAINT (Second Amended Complaint) against Baptist Medical Center-Leake, Inc., Correct Care, Inc., John Does 1-5, Martin Lott, DaVita Accountable Health Care, Inc., DaVita Rx, LLC, ISD Renal, Inc., filed by Kevin Smith.(Dunbar, David)
August 27, 2019 Filing 8 **ERROR** Disregard this entry. NOTICE of Appearance by Christopher G. Dunnells on behalf of Kevin Smith (Dunnells, Christopher) Modified on 8/28/2019 (PKM).
August 27, 2019 Filing 7 **ERROR** Disregard this entry. NOTICE of Appearance by David C. Dunbar on behalf of Kevin Smith (Dunbar, David) Modified on 8/28/2019 (PKM).
August 26, 2019 Filing 6 Separate ANSWER to Complaint (Notice of Removal) by Baptist Medical Center-Leake, Inc. (Graham, Dudley)
August 23, 2019 Filing 5 NOTICE of Appearance by Claire K. Robinett on behalf of Correct Care, Inc., Martin Lott (Robinett, Claire)
August 22, 2019 Filing 4 Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/18/2019 09:00 AM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ)
August 22, 2019 Filing 3 State Court Record by Defendant Baptist Medical Center-Leake, Inc. (Graham, Dudley)
August 20, 2019 Filing 2 Joinder in Document by Correct Care, Inc., Martin Lott to #1 Notice of Removal,, filed by Baptist Medical Center-Leake, Inc. (Coleman, John)
August 19, 2019 Filing 1 NOTICE OF REMOVAL by Baptist Medical Center-Leake, Inc. from Leake County Circuit Court of MS, case number 19-cv-165-LE-MD. ( Filing fee $ 400 receipt number 0538-4063766) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit Summons and Complaint, #2 Civil Cover Sheet)(LAT)

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Defendant: John Does 1-5
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Defendant: Correct Care, Inc.
Represented By: John Michael Coleman
Represented By: Claire K. Robinett
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Defendant: Martin Lott
Represented By: John Michael Coleman
Represented By: Claire K. Robinett
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Defendant: Baptist Medical Center-Leake, Inc.
Represented By: Dudley Collier Graham, Jr.
Represented By: Gaye Nell Currie
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Defendant: ISD Renal, Inc.
Represented By: Nicole C. Huffman
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Defendant: DaVita Accountable Healthcare Solutions, LLC
Represented By: Nicole C. Huffman
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Defendant: DaVita Rx, LLC
Represented By: Nicole C. Huffman
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Plaintiff: Kevin Smith
Represented By: Tina M. Bullock
Represented By: David C. Dunbar
Represented By: Christopher G. Dunnells
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