Leek v. Buchanan et al
Lisa Leek |
Robert C. Nielsen, Lake Regional Health System, Richland Medical Center, Inc., Erin M Rademan Alonso, Sarah M Buchanan and The United States of America |
2:2019cv04182 |
September 11, 2019 |
US District Court for the Western District of Missouri |
Nanette K Laughrey |
Personal Inj. Med. Malpractice |
28 U.S.C. § 1446 |
Plaintiff |
Docket Report
This docket was last retrieved on October 17, 2019. A more recent docket listing may be available from PACER.
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Filing 14 CLERK'S JUDGMENT (Matthes Mitra, Renea) |
Remand letter and instructions sent to Circuit Court of Miller County, Missouri. This is a text entry only - no document is attached (Geiser, Angel) |
Filing 13 ORDER by Judge Nanette K. Laughrey. The motion by the United States of America (Doc. #5 ) for an order substituting the United States as defendant in this action in place of defendants Richland Medical Center, Inc., d/b/a Central Ozarks Medical Center, Sarah Buchanan, M.D., Erin M. Rademan Alonso, FNP, and Robert C. Nielsen, D.O., and dismissing the United States from the case without prejudice for lack of subject matter jurisdiction because of failure to exhaust administrative remedies, to which Plaintiff consents (Doc. #12 ), is GRANTED. The United States is SUBSTITUTED for each of the foregoing defendants and the United States further is DISMISSED WITHOUT PREJUDICE from this action. The motion by defendant Lake Regional Health System to remand the case (Doc. #6 ), to which Plaintiff consents (Doc. #12 ), is GRANTED in light of the fact that the Court lacks subject matter jurisdiction over Plaintiff's state law claims against Lake Regional Health System. Signed on October 16, 2019 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) |
Filing 12 RESPONSE to motion re #5 MOTION to substitute party United States for Defendants Richland Medical Center, Inc, Sarah M. Buchanan, Erin M. Rademan Alonso and Robert C. Nielsen and to Dismiss Action Against the United States Without Prejudice for Lack of Subject Matter Juris, #6 MOTION to remand filed by Michelle Funkenbusch on behalf of Plaintiff Lisa Leek. Reply suggestions due by 10/24/2019 unless otherwise directed by the court. (Funkenbusch, Michelle) |
Filing 11 MAIL RETURNED as undeliverable. Mail sent to Michelle M. Funkenbusch. (Related document(s) #4 , #3 ) (Melvin, Greg) |
Filing 10 ORDER by Judge Nanette K. Laughrey. In light of the difficulties that Plaintiff's counsel encountered in accessing the electronic case filing system and the lack of postage on the envelope that the United States purported to mail to Plaintiff's counsel, Plaintiff's motion (Doc. #8 ) for an extension of time to respond to all pending motions is GRANTED. The deadlines for Plaintiff's responses to the pending motion to substitute party and to dismiss (Doc. #5 ) and the motion to remand (Doc. #6 ) are extended to October 10, 2019. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) |
Filing 9 ORDER by Judge Nanette K. Laughrey. The joint motion (Doc. #7 ) to hold the Rule 16 Notice deadlines in abeyance until the pending motions to substitute party (Doc. #5 ) and to remand (Doc. #6 ) are resolved is GRANTED. The Court shall reschedule the Rule 16 Notice deadlines after the pending motions are resolved. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) |
Filing 8 First MOTION for extension of time to file response/reply as to #5 MOTION to substitute party United States for Defendants Richland Medical Center, Inc, Sarah M. Buchanan, Erin M. Rademan Alonso and Robert C. Nielsen and to Dismiss Action Against the United States Without Prejudice for Lack of Subject Matter Juris filed by Michelle Funkenbusch on behalf of Lisa Leek. Suggestions in opposition/response due by 10/11/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit Envelopes showing date of service of Motion by U.S. Mail)(Related document(s) #5 ) (Funkenbusch, Michelle) |
Filing 7 Joint MOTION for extension of time of the Rule 16 Notice Deadlines filed by Charles M. Thomas on behalf of The United States of America. Suggestions in opposition/response due by 10/11/2019 unless otherwise directed by the court. (Attorney Charles M. Thomas added to party The United States of America(pty:dft))(Thomas, Charles) |
NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
Filing 6 MOTION to remand filed by Joshua L. Hill on behalf of Lake Regional Health System. Suggestions in opposition/response due by 10/1/2019 unless otherwise directed by the court. (Hill, Joshua) |
Filing 5 MOTION to substitute party United States for Defendants Richland Medical Center, Inc, Sarah M. Buchanan, Erin M. Rademan Alonso and Robert C. Nielsen and to Dismiss Action Against the United States Without Prejudice for Lack of Subject Matter Jurisdiction filed by Charles M. Thomas on behalf of Sarah M Buchanan, Robert C. Nielsen, Erin M Rademan Alonso, Richland Medical Center, Inc.. Suggestions in opposition/response due by 9/27/2019 unless otherwise directed by the court. (Thomas, Charles) |
Filing 4 ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 10/3/2019. Rule 26 conference due by 9/26/2019. Signed on 9/12/19 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
Filing 3 ORDER ON PRETRIAL PROCEDURES. Signed on 9/12/19 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) |
Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Geiser, Angel) Modified on 9/12/2019 to show copy mailed to Michelle M. Funkenbusch Roberts, Perryman, Bomkamp & Meives, P.C. One Firstar Plaza Ste. 2300 St. Louis, MO 63101 (Geiser, Angel). |
Filing 1 NOTICE OF REMOVAL from Circuit Court of Miller County County, case number 19ML-CC00005, filed by Charles M. Thomas on behalf of Erin M Rademan Alonso, Robert C. Nielsen, Sarah M Buchanan, Richland Medical Center, Inc.. (Attachments: #1 Attachment A - State Court Summons and Complaint, #2 Attachment B - Declaration of Meredith Torres, #3 Exhibit 1 to Declaration of Meredith Torres, #4 Attachment C - Certification, #5 Attachment D - Written Notice of Filing of Notice of Removal)(Thomas, Charles) (Additional attachment(s) added on 9/12/2019: #6 Civil Cover Sheet) (James, Carrie). |
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