Gagliardi v. Lakeland Surgical Clinic, PLLC et al
Plaintiff: Paul Gagliardi
Defendant: John Does 1-10, Lakeland Surgical Clinic, PLLC, Jonathan Adkins, Jackson Pulmonary Associates, P.A. and River Oaks Hospital, LLC d/b/a Merit Health River Oaks
Case Number: 3:2020cv00504
Filed: August 5, 2020
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Tom S Lee
Referring Judge: Robert P Myers
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2020 Opinion or Order Filing 27 AMENDED COMPLAINT (Second Amended Complaint) against All Defendants, filed by Paul Gagliardi. (Attachments: #1 Exhibit A - Lakeland Surgical Webpage, #2 Exhibit B - NOI letters)(Smith, Aubrey)
September 28, 2020 Opinion or Order Filing 26 Memorandum Opinion and Order denying #16 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction); denying #9 MOTION to Dismiss for Lack of Jurisdiction ; granting #17 MOTION for Leave to File Amended Complaint. Plaintiff is directed to file amended complaint within 5 days of this memorandum opinion and order, as set out herein. Signed by District Judge Tom S. Lee on 9/28/20 (LWE)
September 28, 2020 Opinion or Order Filing 25 Joinder in Document by Jackson Pulmonary Associates, P.A. to #10 Memorandum in Support of Motion filed by River Oaks Hospital, LLC, #22 Reply to Response to Motion filed by River Oaks Hospital, LLC (Johnson, Whitman)
September 28, 2020 Opinion or Order Filing 24 Joinder in Document by Jackson Pulmonary Associates, P.A. to #16 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) filed by Lakeland Surgical Clinic, PLLC, Jonathan Adkins, #9 MOTION to Dismiss for Lack of Jurisdiction filed by River Oaks Hospital, LLC (Johnson, Whitman)
September 22, 2020 Opinion or Order Filing 23 RESPONSE in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction (Plaintiff's Surrebuttal) filed by Paul Gagliardi (Smith, Aubrey)
September 15, 2020 Opinion or Order Filing 22 REPLY to Response to Motion re #9 MOTION to Dismiss for Lack of Jurisdiction filed by River Oaks Hospital, LLC (Attachments: #1 Exhibit Notice Letter, #2 Exhibit Conner Complaint and Motion)(Boykin, Thurman)
September 15, 2020 Opinion or Order Filing 21 RESPONSE in Opposition re #17 MOTION for Leave to File Amended Complaint filed by River Oaks Hospital, LLC (Boykin, Thurman)
September 14, 2020 Opinion or Order Filing 20 Response in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) by Jonathan Adkins, Lakeland Surgical Clinic, PLLC (Attachments: # 1 Exhibit A - Affidavit of Adkins, # 2 Exhibit B - Affidavit of Lakeland Surgical)(Morris, Mildred), #15 Joinder in Document by Jonathan Adkins, Lakeland Surgical Clinic, PLLC to #10 Memorandum in Support of Motion filed by River Oaks Hospital, LLC (Morris, Mildred) filed by Paul Gagliardi (Smith, Aubrey)
September 8, 2020 Opinion or Order Filing 19 MEMORANDUM in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction filed by Paul Gagliardi (Smith, Aubrey)
September 8, 2020 Opinion or Order Filing 18 RESPONSE in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction filed by Paul Gagliardi (Smith, Aubrey)
September 8, 2020 Opinion or Order Filing 17 MOTION for Leave to File Amended Complaint by Paul Gagliardi (Attachments: #1 Exhibit A - Second Amended Complaint)(Smith, Aubrey)
September 4, 2020 Opinion or Order Filing 16 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) by Jonathan Adkins, Lakeland Surgical Clinic, PLLC (Attachments: #1 Exhibit A - Affidavit of Adkins, #2 Exhibit B - Affidavit of Lakeland Surgical)(Morris, Mildred)
September 4, 2020 Opinion or Order Filing 15 Joinder in Document by Jonathan Adkins, Lakeland Surgical Clinic, PLLC to #10 Memorandum in Support of Motion filed by River Oaks Hospital, LLC (Morris, Mildred)
September 3, 2020 Opinion or Order Filing 14 NOTICE of Appearance by Bobby L. Dallas on behalf of Paul Gagliardi (Dallas, Bobby)
September 3, 2020 Opinion or Order Filing 13 NOTICE of Appearance by Jessica L. Dilmore on behalf of Paul Gagliardi (Dilmore, Jessica)
September 3, 2020 Opinion or Order Filing 12 NOTICE of Appearance by Heber S. Simmons, III on behalf of Paul Gagliardi (Simmons, Heber)
August 28, 2020 Opinion or Order Filing 11 NOTICE of Appearance by Thurman L. Boykin, III on behalf of River Oaks Hospital, LLC (Boykin, Thurman)
August 27, 2020 Opinion or Order Filing 10 MEMORANDUM in Support re #9 MOTION to Dismiss for Lack of Jurisdiction filed by River Oaks Hospital, LLC (Kruger, Stephen)
August 27, 2020 Opinion or Order Filing 9 MOTION to Dismiss for Lack of Jurisdiction by River Oaks Hospital, LLC (Attachments: #1 Exhibit JPA 2020 Corporate Annual Report)(Kruger, Stephen)
August 27, 2020 Opinion or Order Filing 8 ANSWER to #2 Amended Complaint, by Jackson Pulmonary Associates, P.A..(Johnson, Whitman)
August 19, 2020 Opinion or Order Filing 7 SUMMONS Returned Executed by Paul Gagliardi. Jackson Pulmonary Associates, P.A. served on 8/7/2020, answer due 8/28/2020. (Smith, Aubrey)
August 19, 2020 Opinion or Order Filing 6 SUMMONS Returned Executed by Paul Gagliardi. Jonathan Adkins served on 8/17/2020, answer due 9/8/2020. (Smith, Aubrey)
August 19, 2020 Opinion or Order Filing 5 SUMMONS Returned Executed by Paul Gagliardi. River Oaks Hospital, LLC served on 8/13/2020, answer due 9/3/2020. (Smith, Aubrey)
August 19, 2020 Opinion or Order Filing 4 SUMMONS Returned Executed by Paul Gagliardi. Lakeland Surgical Clinic, PLLC served on 8/17/2020, answer due 9/8/2020. (Smith, Aubrey)
August 6, 2020 Opinion or Order Filing 3 Summons Issued as to Jackson Pulmonary Associates, P.A., Jonathan Adkins, River Oaks Hospital, LLC, and Lakeland Surgical Clinic, PLLC. (KNS)
August 6, 2020 Opinion or Order Filing 2 AMENDED COMPLAINT against Jonathan Adkins, Jackson Pulmonary Associates, P.A., John Does 1-10, Lakeland Surgical Clinic, PLLC, River Oaks Hospital, LLC, filed by Paul Gagliardi. (Attachments: #1 Summons Summons to each Defendant)(Smith, Aubrey)
August 5, 2020 Opinion or Order Filing 1 COMPLAINT against Jonathan Adkins, Jackson Pulmonary Associates, P.A., John Does 1-10, Lakeland Surgical Clinic, PLLC, River Oaks Hospital, LLC ( Filing fee $ 400 receipt number 0538-4339213), filed by Paul Gagliardi. (Attachments: #1 Exhibit A - NOI Letters, #2 Civil Cover Sheet)(KNS)

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Defendant: John Does 1-10
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Defendant: Lakeland Surgical Clinic, PLLC
Represented By: Mildred M. Morris
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Defendant: Jonathan Adkins
Represented By: Mildred M. Morris
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Defendant: Jackson Pulmonary Associates, P.A.
Represented By: Whitman B. Johnson, III
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Defendant: River Oaks Hospital, LLC d/b/a Merit Health River Oaks
Represented By: Stephen P. Kruger
Represented By: Thurman L. Boykin, III
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Plaintiff: Paul Gagliardi
Represented By: Aubrey Bryan Smith, III
Represented By: Heber S. Simmons, III
Represented By: Jessica L. Dilmore
Represented By: Bobby L. Dallas
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