Ohio Nurses Association/AFT, AFL-CIO et al v. Ashtabula County Medical Center et al
| Ohio Nurses Association/AFT, AFL-CIO, REBEKAH SPENCER and STEPHANIE HALL |
| VERNON PALO, PEG CARLO, SATHISH ADIGOPULA, MD, RICHARD PARKER, MD, BILL DINGLEDINE, Ashtabula County Medical Center, MARLENE SARTINI, JOE GIANGOLA, ALEXANDER TAICH, MD, KATHERINE HANCOCK, JASON HERGENROEDER, NANCY KISTER, ROGER CORLETT, DAVID PONTIUS, MICHAEL HABOWSKI, CRAIG SERNIK, Rev. Vernon Palo and Jim Timonere |
| 1:2020cv01656 |
| July 27, 2020 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 32 Return of Service by Clerk unexecuted upon Nancy Kister. Service attempted by certified mail on 9/2/20 filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 31 Marginal Order approving #25 Notice of Voluntary Dismissal without prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Judge Christopher A. Boyko on 8/20/2020. (J,G) |
| Filing 30 Return of Service by Clerk by certified mail executed upon Vernon Palo on 8/8/2020, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 29 Return of Service by Clerk by certified mail executed upon Sathish Adigopula, MD on 8/4/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 28 Return of Service by Clerk by certified mail executed upon Katherine Hancock on 8/6/2020, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 27 Return of Service by Clerk by certified mail executed upon Michael Habowski on 8/3/2020, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 26 Return of Service by Clerk by certified mail executed upon Alexander Taich, MD on 8/3/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 25 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by All Plaintiffs. (Petroff, D.) |
| Filing 24 Return of Service by Clerk by certified mail executed upon Craig Sernik on 8/3/2020, no delivery date on green card, date obtained from U.S. Postal Service website, (signed Covid19) filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 23 Return of Service by Clerk by certified mail executed upon Roger Corlett on 8/3/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 22 Return of Service by Clerk by certified mail executed upon Peg Carlo on 8/3/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 21 Return of Service by Clerk by certified mail executed upon Jason Hergenroeder on 8/3/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 20 Return of Service by Clerk by certified mail executed upon David Pontius on 8/3/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 19 Return of Service by Clerk by certified mail executed upon Bill Dingledine on 8/3/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 18 Return of Service by Clerk by certified mail executed upon Ashtabula County Medical Center on 8/3/2020, filed on behalf of All Plaintiffs. Related document(s) #4 . (L,Br) |
| Filing 17 Attorney Appearance by Karen Soehnlen McQueen filed by on behalf of Ashtabula County Medical Center. (McQueen, Karen) |
| Filing 16 Opinion and Order. The Court finds that at this stage of the proceedings Plaintiffs have failed to meet their burden to show by clear and convincing evidence that they will suffer irreparable harm when ACMC closes its Maternity Ward on August 1, 2020, therefore, the Court denies Plaintiffs' Motion for Temporary Restraining Order. (Related Doc #2 ). Judge Christopher A. Boyko on 7/31/2020. (J,G) |
| Filing 15 Supplement to Motion for temporary and preliminary injunctive relief - Third Declaration of Chris Eisengart, RN, filed by All Plaintiffs. Related document(s) #2 . (Petroff, D.) |
| Filing 14 Supplement to Brief - Supplemental Affidavit of Jacquie DiFiore, filed by Ashtabula County Medical Center. Related document(s) #10 . (Kelly, Brian) |
| Filing 13 Supplement to Motion for temporary and preliminary injunctive relief - Declaration of Jill Koski, RN, filed by All Plaintiffs. Related document(s) #2 . (Petroff, D.) |
| Filing 12 Supplement to Motion for temporary and preliminary injunctive relief - Declaration of Janna Nelson, RN, filed by All Plaintiffs. Related document(s) #2 . (Petroff, D.) |
| Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone status conference held 07/29/2020. Parties agree grievances are proceeding in accordance with the CBA grievance procedure. Defendant to file their Opposition Brief by 07/30/2020. (Court Reporter: n/a)Time: 30 minutes. (J,G) |
| Service by Clerk. Summons and Complaint addressed to Sathish Adigopula, MD, receipt #70181830000228089779, Ashtabula County Medical Center, receipt #70181830000228089762 Peg Carlo, receipt #70181830000228089786, Roger Corlett, receipt #70181830000228089793, Bill Dingledine, receipt #70181830000228089809, Joe Giangola, receipt #70181830000228089816, Michael Habowski, receipt #70181830000228089823, Katherine Hancock, receipt #70181830000228089830, Jason Hergenroeder, receipt # 70181830000228089847, Nancy Kister, receipt #70181830000228029854. Vernon Palo, receipt #70181830000228089861, Richard Parker, MD, receipt #70181830000228089878, David Pontius, receipt #70181830000228089885, Marlene Sartini, receipt #70181830000228089892, Craig Sernik, receipt #70181830000228089908, Alexander Taich, MD, receipt #70181830000228089915, Jim Timonere, receipt #70181830000228089922 placed in U.S. Mail. Type of service: certified mail. (Y,A) |
| Filing 11 Affidavit of Jacquelyn Difiore filed by Ashtabula County Medical Center. Related document(s) #10 . (Attachments: #1 Affidavit of Michael Habowski)(Kelly, Brian) |
| Filing 10 Brief in Opposition to Motion for Temporary Restraining Order filed by Ashtabula County Medical Center. Related Document(s): #2 . (Kelly, Brian) |
| Filing 9 Supplement to Motion for temporary and preliminary injunctive relief - Second Declaration of Christine Eisengart, filed by All Plaintiffs. Related document(s) #2 . (Attachments: #1 Second Declaration of Anne Mueller)(Petroff, D.) |
| Filing 8 Revised Certificate of Service of Motion for Injunctive Relief, Motion for Temporary Restraining Order and Corresponding Memorandum of Support with Declaration of Anne Mueller and Declaration of Sarah Ingles Attached filed by All Plaintiffs. Related document(s) #2 .(Petroff, D.) |
| Filing 7 Attorney Appearance by Michael E. Smith as Counsel for Defendants filed by on behalf of Ashtabula County Medical Center. (Smith, Michael) |
| Filing 6 Attorney Appearance by Michael J. Frantz, Sr as Counsel for Defendants filed by on behalf of Ashtabula County Medical Center. (Frantz, Michael) |
| Filing 5 Attorney Appearance by Brian J. Kelly as Counsel for Defendant filed by on behalf of Ashtabula County Medical Center. (Kelly, Brian) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Sathish Adigopula, MD, Ashtabula County Medical Center, Peg Carlo, Roger Corlett, Bill Dingledine, Joe Giangola, Michael Habowski, Katherine Hancock, Jason Hergenroeder, Nancy Kister, Vernon Palo, Richard Parker, MD, David Pontius, Marlene Sartini, Craig Sernik, Alexander Taich, MD, Jim Timonere. (Attachments: #1 Magistrate Consent Form) (B,R) |
| Filing 3 Ex Parte Attorney Certification (motion) for Emergency Temporary Injunctive Relief filed by All Plaintiffs. Related document(s) #2 . (Petroff, D.) |
| Judge Christopher A. Boyko assigned to case, (B,R) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (B,R) |
| Filing 2 Motion for temporary and preliminary injunctive relief filed by Stephanie Hall, Ohio Nurses Association/AFT, AFL-CIO, Rebekah Spencer. Related document(s) #1 . (Attachments: #1 Motion to Exceed Page Limit, #2 Memo in Support, #3 Affidavit of Tiffany Bukoffsky, #4 Exhibit 1 - Tiffany Bukoffsky Resume, #5 Exhibit 2 - 2013 ACMC Community Health Needs Assessment, #6 Exhibit 3 - Maternity License Search for Ashtabula County, #7 Exhibit 4 - Nowhere to Go Maternity Care Deserts Across the US, #8 Exhibit 5 - Association Between Loss of Hospital-Based Obstetric Services and Birth Outcomes in Rural Counties, #9 Exhibit 6 - Rural-Urban Difference in Access to Hospital Obstetric and Neonatal Care, #10 Exhibit 7- 2018 Ohio Infant Mortality Annual Report, #11 Exhibit 8 - Why Are Obstetric Units in Rural Hospitals Closing Their Doors, #12 Exhibit 9 - Maternal Health Care in Rural Communities, #13 Exhibit 10 - Maternal Health Care in Rural Communities, #14 Exhibit 11 - Health Policy Institute of Ohio 2019 Health Value Dashboard, #15 Exhibit 12 - Ashtabula County Ohio County Health Rankings, #16 Exhibit 13 - ACMC Obstetrical Unit PowerPoint, #17 Exhibit 14 - The Rural Maternity Care Crisis, #18 Exhibit 15 - Ohio 2017-19 State Health Improvement Plan, #19 Exhibit 16 - SDOIM Snapshot, #20 Affidavit of Chris Eisengart, #21 Proposed Order)(Petroff, D.) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-10133001. Filed by Ohio Nurses Association/AFT, AFL-CIO, Rebekah Spencer, Stephanie Hall. (Attachments: #1 Civil Cover Sheet, #2 Summons for Sathish Adigopula, MD, #3 Summons for Bill Dingledine, #4 Summons for Katherine Hancock, #5 Summons for Jason Hergenroeder, #6 Summons for Richard Parker, MD., #7 Summons for Marlene Sartini, #8 Summons for Alexander Taich, MD, #9 Summons for Jim Timonere, #10 Summons for Ashtabula County Medical Center, #11 Summons for Peg Carlo, #12 Summons for Roger Corlett, #13 Summons for Michael Habowski, #14 Summons for Nancy Kister, #15 Summons for Rev. Vernon Palo, #16 Summons for David Pontius, #17 Summons for Craig Sernik, #18 Summons for Joe Giangola, #19 Exhibit 1 - Declaration of Rebekah Spenser, #20 Exhibit 2 - Declaration of Stephanie Hall, #21 Exhibit 3 - ONA CBA, #22 Exhibit 4 - ONA Ashtabula OB Unit Group Grievance) (Petroff, D.) |
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