Dida v. Ascension Providence Health Care Providers et al
| Dawit Dida |
| Ascension Providence Health Care Providers and Ascension Providence Hospital |
| 4:2022cv00508 |
| May 9, 2022 |
| US District Court for the Eastern District of Missouri |
| Audrey G Fleissig |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 2617 Family Medical Leave Act |
| Plaintiff |
Docket Report
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Filing 50
ORDER OF DISMISSAL - IT IS HEREBY ORDERED that this case is DISMISSED. Counts I and II are DISMISSED without prejudice. In Count III, to the extent Plaintiff is asserting a claim under ERISA 510, it is DISMISSED without prejudice, but to the extent Plaintiff is asserting a claim under ERISA 502(a)(1)(B), it is DISMISSED with prejudice. Signed by District Judge Audrey G. Fleissig on 4/19/23. (KJS)
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Filing 49
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Ascension Providence Hospitals motion to dismiss is GRANTED. (Doc. No. #42 ). Counts I and II are DISMISSED without prejudice. In Count III, to the extent Plaintiff is asserting a claim under ERISA 510, it is DISMISSED without prejudice, but to the extent Plaintiff is asserting a claim under ERISA 502(a)(1)(B), it is DISMISSED with prejudice. IT IS FURTHER ORDERED that Defendants previous motions to dismiss and strike the amended complaint is DENIED as moot. (Doc. No. #29 ). A separate order of dismissal will accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 4/19/23. (KJS)
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| Filing 48 REPLY to Response to Motion re #42 MOTION to Dismiss Case filed by Defendant Ascension Providence Hospital. (Fechte, Katherine) |
| Filing 47 MEMORANDUM in Opposition re #42 MOTION to Dismiss Case filed by Plaintiff Dawit Dida. (Klimaski, James) |
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Filing 46
ORDER - IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED. Plaintiff's response to the motion to dismiss shall be filed no later than February 13, 2023. No further extensions of time will be granted. (Response to Court due by 2/13/2023.) Signed by District Judge Audrey G. Fleissig on 1/17/2023. (JMP) Modified on 1/18/2023 (CBL).
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| Filing 45 RESPONSE in Opposition re #44 MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Case filed by Defendant Ascension Providence Hospital. (Blaisdell, Amy) |
| Filing 44 MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Case by Plaintiff Dawit Dida. (Klimaski, James) |
| Filing 43 MEMORANDUM in Support of Motion re #42 MOTION to Dismiss Case filed by Defendant Ascension Providence Hospital. (Attachments: #1 Exhibit A)(Blaisdell, Amy) |
| Filing 42 MOTION to Dismiss Case by Defendant Ascension Providence Hospital. (Blaisdell, Amy) |
| Filing 41 AMENDED COMPLAINT against defendant Ascension Providence Hospital, filed by Dawit Dida.(JMP) (Main Document 41 replaced on 4/10/2023) (JMP). |
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Filing 40
ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Amend/Correct the Amended Complaint is GRANTED. (Doc. No. #32 ). The Clerk of Court is directed to detach Doc. No. 32-1 and lodge it as the Revised Amended Complaint in the docket. IT IS FURTHER ORDERED that Plaintiff's Motion for Extension of Time to File a Response/Reply to the Motion to Dismiss is DENIED as moot. (Doc. No. #34 ). Signed by District Judge Audrey G. Fleissig on 12/22/2022. (JMP)
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| Filing 39 NOTICE by Plaintiff Dawit Dida re Revised Amended Complaint in ECF 32-1 (Klimaski, James) |
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Filing 38
ORDER - IT IS HEREBY ORDERED that Plaintiff shall have until December 20, 2022, to file a notice advising the Court and Defendant whether ECF No. #31 -1 and ECF No. #32 -1 are the same Revised Amended Complaint. If they are not the same, Plaintiff must file a notice advising the Court and Defendant which document it intends to utilize as the operative Complaint in this matter and attach said document to his notice. IT IS FURTHER ORDERED that Defendant shall have 14 days from the filing of Plaintiff's above notice to file a renewed or amended motion to dismiss. Plaintiff shall then have 14 days to respond to Defendants motion to dismiss, as prescribed by Local Rule 4.01. (Response to Court due by 12/20/2022.) Signed by District Judge Audrey G. Fleissig (JMP)
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| Filing 37 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Audrey G. Fleissig: Status Conference held on 12/19/2022. Re #34 Second MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Strike #23 Amended Complaint MOTION to Dismiss Case by Plaintiff Dawit Dida. Parties discussed status of the case. The court gave Defendant until 12/20/2022 to file a notice with the court regarding Revised Amended Complaint in #31 -1 and #32 -1. The Defendant will have 14 days from 12/20/2022 to request time to renew motion to dismiss. (Court Reporter:Reagan Fiorino, Reagan_Fiorino@moed.uscourts.gov, 314-244-7989) (proceedings started: 2:02 pm) (proceedings ended: 2:18 pm) (Deputy Clerk: JParker)(Appearance for Plaintiff: James R. Klimaski)(Appearance for Defendant: Amy L. Blaisdell) (JMP) |
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Filing 36
ORDER - IT IS HEREBY ORDERED that a status conference is set for December 19, 2022, at 2:00 PM by Zoom. The conference will be on the record. Participants are directed to use the following Zoom log in information: Meeting ID: 161 444 0464; Password: 973200. All participants are directed to add their name (right click and select Rename) to their profile upon entering the Zoom hearing. Pursuant to Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited in any courtroom, and in areas adjacent to any courtroom, except when authorized by the 2 presiding judge. This includes proceedings ordered by the Court to be conducted by phone or video. ( Status Conference set for 12/19/2022 02:00 PM in Zoom Video Conference before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on 12/8/2022. (JMP)
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| Filing 35 MOTION for Hearing by Defendant Ascension Providence Hospital. (Blaisdell, Amy) |
| Filing 34 Second MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Strike #23 Amended Complaint MOTION to Dismiss Case by Plaintiff Dawit Dida. (Klimaski, James) |
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Filing 33
Docket Text ORDER Re: #31 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Strike #23 Amended Complaint MOTION to Dismiss Case by Plaintiff Dawit Dida; Plaintiff's Motion for additional time to respond to Defendant's Motion to Dismiss is GRANTED. Plaintiff shall have until December 6, 2022, to respond to Defendant's motion to dismiss. Signed by District Judge Audrey G. Fleissig on 11/21/2022. (AFO)
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| Filing 32 MOTION to Amend/Correct #23 Amended Complaint with Revised Amended Complaint attached by Plaintiff Dawit Dida. (Attachments: #1 Revised amended complaint)(Klimaski, James) |
| Filing 31 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Strike #23 Amended Complaint MOTION to Dismiss Case by Plaintiff Dawit Dida. (Attachments: #1 Attachment Revised amended complaint)(Klimaski, James) |
| Filing 30 MEMORANDUM in Support of Motion re #29 MOTION to Strike #23 Amended Complaint MOTION to Dismiss Case filed by Defendant Ascension Providence Hospital. (Attachments: #1 Exhibit A)(Blaisdell, Amy) |
| Filing 29 MOTION to Strike #23 Amended Complaint , MOTION to Dismiss Case by Defendant Ascension Providence Hospital. (Blaisdell, Amy) |
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Filing 28
Docket Text ORDER: Re: #27 Consent MOTION for Extension of Time to File Answer re #23 Amended Complaint or other Responsive Motion by Defendant Ascension Providence Hospital. (Blaisdell, Amy) filed by Ascension Providence Hospital ; ORDERED GRANTED Ascension Providence Hospital answer due 11/5/2022.. Signed by District Judge Audrey G. Fleissig on 10/3/22. (KJS)
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| Filing 27 Consent MOTION for Extension of Time to File Answer re #23 Amended Complaint or other Responsive Motion by Defendant Ascension Providence Hospital. (Blaisdell, Amy) |
| Filing 26 ENTRY of Appearance by David Joseph Wasserman for Defendant Ascension Providence Hospital. (Wasserman, David) |
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Filing 25
Docket Text ORDER: Re: #24 Unopposed MOTION for Extension of Time to File answer or other appropriate motion to Plaintiff's Amended Complaint ;Proposed extension date October 6, 2022 by Defendant Ascension Providence Hospital. (Blaisdell, Amy) filed by Ascension Providence Hospital ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 9/1/2022. (JMP)
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| Filing 24 Unopposed MOTION for Extension of Time to File answer or other appropriate motion to Plaintiff's Amended Complaint ;Proposed extension date October 6, 2022 by Defendant Ascension Providence Hospital. (Blaisdell, Amy) |
| Filing 23 AMENDED COMPLAINT against defendant Ascension Providence Hospital , filed by Dawit Dida.(Klimaski, James) |
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Filing 22
Docket Text ORDER: Re: #21 MOTION for Extension of Time to Amend Complaint 1 Day to Aug. 26, with Defense counsel taking no position on the request, by Plaintiff Dawit Dida. (Klimaski, James) filed by Dawit Dida ; ORDERED GRANTED ( Amended/Supplemental Pleadings due by 8/26/2022.). Signed by District Judge Audrey G. Fleissig on 8/26/22. (KJS)
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| Filing 21 MOTION for Extension of Time to Amend Complaint 1 Day to Aug. 26, with Defense counsel taking no position on the request, by Plaintiff Dawit Dida. (Klimaski, James) |
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Filing 20
Docket Text ORDER: Re: #19 Unopposed MOTION for Extension of Time to Amend Complaint by Plaintiff Dawit Dida. (Klimaski, James) filed by Dawit Dida ; ORDERED GRANTED ( Amended/Supplemental Pleadings due by 8/25/2022.) Signed by District Judge Audrey G. Fleissig on 8/9/2022. (JMP)
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| Filing 19 Unopposed MOTION for Extension of Time to Amend Complaint by Plaintiff Dawit Dida. (Klimaski, James) |
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Filing 18
Docket Text ORDER Re: #17 Unopposed MOTION for Extension of Time to Amend Complaint to August 11, 2022, by Plaintiff Dawit Dida; ORDERED GRANTED.(Amended/Supplemental Pleadings due by 8/11/2022.) Signed by District Judge Audrey G. Fleissig on 7/25/2022. (AFO)
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| Filing 17 Unopposed MOTION for Extension of Time to Amend Complaint to August 11, 2022, by Plaintiff Dawit Dida. (Klimaski, James) |
| Filing 16 ENTRY of Appearance by James R. Klimaski for Plaintiff Dawit Dida. (Klimaski, James) |
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Filing 15
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's motion to dismiss is GRANTED with respect to Count IV and DENIED with respect to Counts I-III. ECF Nos. #4 and #14 . IT IS FURTHER ORDERED that Plaintiff shall have until July 22, 2022, to file an amended complaint. IT IS FURTHER ORDERED that Ascension Providence Health Care Providers is DISMISSED as a named party defendant. ( Amended/Supplemental Pleadings due by 7/22/2022.) Signed by District Judge Audrey G. Fleissig on 7/1/2022. (JMP)
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| Filing 14 MOTION to Dismiss Case by Defendants Ascension Providence Health Care Providers, Ascension Providence Hospital. (Blaisdell, Amy) |
| Filing 13 ENTRY of Appearance by Katherine Lynn Fechte for Defendants Ascension Providence Health Care Providers, Ascension Providence Hospital. (Fechte, Katherine) |
| Filing 11 Case transferred in from District of District of Columbia; Case Number 1:22-cv-00241. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD) |
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Filing 10
ORDER granting in part and deferring in part #4 Defendants' Motion to Transfer Venue, or in the Alternative, Motion to Dismiss. This case is hereby transferred to the Eastern District of Missouri. The motion to dismiss is left for the transferee court to resolve. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 4/27/2022. (lcapm1)
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| Filing 9 REPLY to opposition to motion re #8 Memorandum in Opposition filed by ASCENSION PROVIDENCE HEALTH CARE PROVIDERS, ASCENSION PROVIDENCE HOSPITAL. (Blaisdell, Amy) |
| Filing 8 Memorandum in opposition to re #4 MOTION to Transfer Case or in the Alternative MOTION to Dismiss filed by DAWIT DIDA. (Attachments: #1 Exhibit 1 - DCOHR Dismissal on Sept 24 2021)(Klimaski, James) |
| Filing 7 Receipt on 2/17/2022 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2021 CA 004096 B. (zeg) |
| Filing 6 NOTICE of Appearance by Amy Blaisdell on behalf of ASCENSION PROVIDENCE HEALTH CARE PROVIDERS, ASCENSION PROVIDENCE HOSPITAL (Blaisdell, Amy) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy L. Blaisdell, Filing fee $ 100, receipt number ADCDC-9041921. Fee Status: Fee Paid. by ASCENSION PROVIDENCE HEALTH CARE PROVIDERS, ASCENSION PROVIDENCE HOSPITAL. (Attachments: #1 Declaration in Support of Motion for Pro Hac Vice)(Hawkins, Janea) |
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MINUTE ORDER granting #5 Motion for Admission of Amy L. Blaisdell Pro Hac Vice. Attorney Amy L. Blaisdell is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amit P. Mehta 2/14/2022. (lcapm2)
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| Filing 4 MOTION to Transfer Case or in the Alternative, MOTION to Dismiss by ASCENSION PROVIDENCE HEALTH CARE PROVIDERS, ASCENSION PROVIDENCE HOSPITAL. (Attachments: #1 Text of Proposed Order Motion to Transfer, #2 Text of Proposed Order Motion to Dismiss, #3 Memorandum in Support, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Hawkins, Janea) |
| Filing 12 Petition (Removal/Transfer) Received From: Superior Court of the District of Columbia, filed by Dawit Dida.(JWD) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASCENSION PROVIDENCE HEALTH CARE PROVIDERS, ASCENSION PROVIDENCE HOSPITAL (Hawkins, Janea) |
| Filing 2 NOTICE to Counsel/Party re #1 Notice of Removal. (znmg) |
| Case Assigned to Judge Amit P. Mehta. (znmg) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 2021 CA 004096 B Filing fee $ 402, receipt number ADCDC-9013741 filed by Ascension Providence Hospital, Ascension Providence Health Care Providers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Hawkins, Janea) |
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