SW et al v. The United States of America U.S. Department of Justice et al
| Lyndsey Wojcehowicz, Jeffrey Wojcehowicz and SW |
| The United States of America U.S. Department of Justice, Edward Zarczynski, OhioHealth Corporation, United States of America, MedCentral Health System and The United States of America, U.S. Attorney, Southern District of Ohio |
| 1:2019cv02947 |
| December 23, 2019 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1402 |
| Both |
Docket Report
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Filing 29
Marginal Entry Order signed by Judge James S. Gwin on 2/6/2020 granting Plaintiffs' Motion to file amended complaint (Related Doc #26 )(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 2/6/2020. Plaintiff's motion for stay moot. (Related Doc #27 )(S,KM)
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| Filing 28 Response to #14 Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, and Motion to Dismiss for Improper Venue filed by All Plaintiffs. (Skall, David) |
| Filing 27 Motion to Stay Ruling on Defendant the United States' Motion to Dismiss filed by SW, Jeffrey Wojcehowicz, Lyndsey Wojcehowicz. Related document(s) #14 . (Skall, David) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 26 Motion for leave to file amended complaint filed by SW, Jeffrey Wojcehowicz, Lyndsey Wojcehowicz. (Attachments: #1 Exhibit 1 - Amended Complaint)(Skall, David) |
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Order [non-document] entered by Judge James S. Gwin on 1/15/2020. The Court grants plaintiffs' #25 Motion for Extension of Time to file response. Response due on 2/4/2020. No further extensions shall be granted. Related doc. #14 (S,KM) Modified on 1/24/2020 to remove document number(J,FE).
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| Filing 25 Unopposed Motion for extension of time until February 4, 2020 to file response filed by SW, Jeffrey Wojcehowicz, Lyndsey Wojcehowicz. Related document(s) #14 . (Attachments: #1 Proposed Order)(Skall, David) |
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Order [non-document] entered by Judge James S. Gwin on 1/13/2020. The Court grants Defendant United States of America's #24 Motion for extension of time to answer until February 21, 2020. No further extensions shall be granted. (S,KM)
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| Filing 24 Motion to Set Answer Date for February 21, 2020 filed by Defendant United States of America. (Bennett, James) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 23 Notice of Substitution of Counsel removing attorney Leah M. Wolfe and adding attorney James R. Bennett, II filed by on behalf of The United States of America U.S. Department of Justice, United States of America. (Bennett, James) |
| Filing 22 Magistrate Consent Form issued. (W,CM) |
| Filing 21 CASE TRANSFERRED IN from District of Ohio Southern. Case number 2:19-cv-03613. Electronic file, transfer order and docket sheet received. |
| Judge James S. Gwin assigned to case. (W,CM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (W,CM) |
| FILING ERROR Notice to Attorney Bobby Sprader. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) Modified Bobbie S. Sprader is admitted - Bar No. 0064015 on 1/13/2020 (O,K). |
| Notice to Attorney Leah M. Wolfe. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Karen Louise Clouse. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Copy of Case Docket Sheet and #22 Magistrate Consent Form mailed to Bobbie Sprader and Karen Louise Clouse at Bricker & Eckler, 100 South Third Street, Columbus, OH 43215; Leah M. Wolfe at Office of the U.S. Attorney - Columbus Southern District of Ohio, Ste. 200, 303 Marconi Blvd., Columbus, OH 43215 on 12/23/2019. (W,CM) |
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Filing 20
ORDER granting #18 Motion to Change Venue; granting and #19 Motion for Extension of Time to File Response/Reply re #14 MOTION to Dismiss for Lack of Jurisdiction . Plaintiffs shall have until JANUARY 21, 2020 to respond to Defendants' Motion (ECF No. #14 ). Signed by Magistrate Judge Chelsey M. Vascura on 12/20/2019. (daf) [Transferred from ohsd on 12/23/2019.]
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| Case transferred to District of Norther District of Ohio, Eastern Division. Case file and docket sheet sent Electronically. (daf) [Transferred from ohsd on 12/23/2019.] |
| Filing 19 Second MOTION for Extension of Time to File Response/Reply re #14 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs SW, Jeffrey Wojcehowicz, Lyndsey Wojcehowicz. New date requested 1/21/2020. (Attachments: #1 Text of Proposed Order) (Skall, David) Modified on 12/18/2019 to link to motion to dismiss (kk2) [Transferred from ohsd on 12/23/2019.] |
| Filing 18 Joint MOTION to Change Venue to the Northern District Court of Ohio, Eastern Division by Plaintiffs SW, Jeffrey Wojcehowicz, Lyndsey Wojcehowicz & Defendants United States of America, OhioHealth Corporation, MedCentral Health System (Attachments: #1 Text of Proposed Order) (Skall, David) Modified filing parties on 12/18/2019 (kk2) [Transferred from ohsd on 12/23/2019.] |
| Filing 17 NOTICE of Hearing: Preliminary Pretrial Conference set for 1/14/2020 10:00 AM before Magistrate Judge Chelsey M. Vascura. Please Note:The Rule 26(f) Report for the Eastern Division has changed. Please ensure that you are using the correct form. (agm) [Transferred from ohsd on 12/23/2019.] |
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Filing 16
NOTATION ORDER - Granting #15 Plaintiff's Unopposed Motion for Extension of Time for Plaintiff to File Opposition or Otherwise Respond to Defendant United States of America's #14 Motion to Dismiss. Plaintiffs are permitted a 21-day extension of time, up to and including 12/20/2019. Signed by Judge Sarah D. Morrison on 11/27/19. (tb) Modified on 12/2/2019 to add doc link to mtn to dismiss (kk2) [Transferred from ohsd on 12/23/2019.]
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Dismiss for Improper Venue New date requested 12/20/2019. by Plaintiffs SW, Jeffrey Wojcehowicz, Lyndsey Wojcehowicz. (Attachments: #1 Text of Proposed Order) (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 11/29/2019), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Dismiss for Improper Venue by Defendant United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Wolfe, Leah) [Transferred from ohsd on 12/23/2019.] |
| Filing 13 NOTICE by Defendant United States of America of Substitution as Defendant (Attachments: #1 Exhibit A-Decl. of Meredith Torres, #2 Exhibit B-Certification of Scope of Employment) (Wolfe, Leah) [Transferred from ohsd on 12/23/2019.] |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on U.S. Depeartment of Justice on September 16, 2019, filed by Plaintiff SW. (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Edward Zarczynski MD on October 1, 2019, filed by Plaintiff SW. (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 10 AFFIDAVIT of Service for Proof of Service of Summons and Complaint served on U.S. Attorney for the Southern District of Ohio on September 12, 2019, filed by Plaintiff SW. (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 9 Corporate Disclosure Statement by Defendants MedCentral Health System, OhioHealth Corporation. (Sprader, Bobbie) [Transferred from ohsd on 12/23/2019.] |
| Filing 8 ANSWER to #1 Complaint, with Jury Demand filed by MedCentral Health System, OhioHealth Corporation. (Sprader, Bobbie) [Transferred from ohsd on 12/23/2019.] |
| Filing 7 Summons Issued as to Edward Zarczynski. (sem) [Transferred from ohsd on 12/23/2019.] |
| Filing 6 REQUEST for Issuance of Summons. EDWARD ZARCZYNSKI, M.D. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Complaint) (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to OhioHealth Corporation on 9/3/2019, answer due 11/4/2019. (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to MedCentral Health System on 9/3/2019, answer due 11/4/2019. (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 3 Summons Issued as to The United States of America U.S. Department of Justice, The United States of America, U.S. Attorney, Southern District of Ohio, U.S. Attorney and U.S. Attorney General (Summons were issued for the U.S. Attorney for the Southern District of Ohio and the Attorney General of the United States). (sem) [Transferred from ohsd on 12/23/2019.] |
| Filing 2 REQUEST for Issuance of Summons. (Skall, David) [Transferred from ohsd on 12/23/2019.] |
| Filing 1 COMPLAINT with JURY DEMAND with Attached Affidavit of Merit against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7069048), filed by SW, Lyndsey Wojcehowicz, Jeffrey Wojcehowicz. (Attachments: #1 Civil Cover Sheet) (Skall, David) [Transferred from ohsd on 12/23/2019.] |
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