Weisenberger v. North Ohio Heart Center, Inc. et al.
| Holly Weisenberger |
| North Ohio Heart Center, Inc., Alberto Diaz and Community Insurance Company |
| 1:2023cv01839 |
| September 22, 2023 |
| US District Court for the Northern District of Ohio |
| Bridget Meehan Brennan |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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Order [non-document]: Before the Court is a Stipulation (Doc. No. #15 ) and Joint Motion for Dismissal filed jointly by Plaintiff and Defendant Community Insurance Company (Doc. No. #16 ). Both filings invoke Fed. R. Civ. P. 21, which provides in pertinent part: "On motion or on its own, the court may at any time, on just terms, add or drop a party." The Joint Motion is GRANTED. The claims against Defendant Community Insurance Company are DISMISSED without prejudice. The basis for removal of this action was that claims against Defendant Community Insurance Company were governed by federal ERISA law, which therefore supplied federal question subject-matter jurisdiction under 28 U.S.C. 1331. (Doc. No. #1 at PageID# 2-3.) That basis is no longer present in this action. The parties are not of diverse citizenship, so there is no basis for jurisdiction under 28 U.S.C. 1332. (See Doc. No. #1 - #2 at PageID# 11.) "When all federal claims are dismissed before trial, the balance of considerations usually will point to dismissing the state law claims, or remanding them to state court if the action was removed." Gamel v. City of Cincinnati, 625 F.3d 949, 952 (6th Cir. 2010) (quoting Musson Theatrical, Inc. v. Fed. Exp. Corp., 89 F.3d 1244, 1254-55 (6th Cir. 1996)). On its own motion, the Court has considered the factors set forth in Carnegie-Mellon University v. Cohill, 484 U.S. 343, 352-53 (1988) and concludes that the wrongful death claims here under Ohio law are best suited for adjudication in Ohio courts. This Court DECLINES to exercise supplemental jurisdiction under 28 U.S.C. 1367 and REMANDS this action to the Cuyahoga County Court of Common Pleas. Judge Bridget Meehan Brennan on 11/13/2023. (H,AR)
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| Filing 17 Initial Disclosures filed by All Plaintiffs. (Murray, Charles) |
| Filing 16 Joint Motion to dismiss party Community Insurance Company filed by Plaintiff Holly Weisenberger. (Murray, Charles) |
| Filing 15 Proposed Stipulation of Voluntary Dismissal filed by All Plaintiffs. (Murray, Charles) |
| Filing 14 Notice of Service of Initial Disclosures filed by Alberto Diaz, North Ohio Heart Center, Inc.. (Mars, Christopher) |
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Order [non-document]: The parties shall confirm in writing that they have exchanged pre-discovery disclosures as required by Fed. R. Civ. P. 26(a)(1) by 11/7/2023. This is a standard track case. The parties do not consent to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. 636(c). With respect to electronically stored information, the parties shall follow the default standard for discovery of electronically stored information as set forth in Appendix K to the this Court's Local Civil Rules. A protective order is not necessary at this time. The Court hereby sets the following deadlines: 12/1/2023, cut-off to amend pleadings or add parties; 2/2/2024, fact discovery cut-off; 3/4/2024, expert report(s) for the party with the burden of proof; 4/4/2024, responsive expert report(s); 5/6/2024, expert discovery cut-off; 6/3/2024, dispositive motion deadline. Judge Bridget Meehan Brennan on 11/3/2023. (H,AR)
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| Minutes of proceedings [non-document]: A telephonic Case Management Conference was held on 11/2/2023 before Judge Bridget Meehan Brennan. Attorney Charles Murray participated on behalf of Plaintiff. Attorney Zackary Stillings participated on behalf of Defendant Community Insurance Co. Attorneys Christopher Mars and Brett Perry participated on behalf of Defendants North Ohio Heart Center, Inc. and Dr. Alberto Diaz. Plaintiff's counsel was advised that his purported Rule 26(f) submission did not comply with Fed. R's Civ. P. 16(b) and 26(f) or with this Court's Case Management Scheduling Order dated 10/6/2023. The Court advised Plaintiff's counsel that any future failure to comply with a Court order will result in dismissal for want of prosecution. Plaintiff's counsel acknowledged that he understood. Plaintiff's counsel advised that he anticipated dismissing one defendant, which would create an opportunity for a remand to state court. Notwithstanding, the Court stated that without such notice, a CMC Order would be issued. (Court Reporter: none.) Time: 15 minutes. (H,AR) |
| Filing 13 Marginal Entry Order granting Attorneys Matthew Fazekas and Martha Brewer Motley's motion to withdraw as counsel. (Doc. No. #11 .) Judge Bridget Meehan Brennan on 11/2/2023. (H,AR) |
| Filing 12 Report of Parties' Planning Meeting - filed by All Plaintiffs. (Murray, Charles) |
| Filing 11 Motion by Matthew D. Fazekas and Martha Brewer Motley to withdraw as attorney filed by Defendant Community Insurance Company. (Fazekas, Matthew) |
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Filing 10
Case Management Conference Scheduling Order signed by Judge Bridget Meehan Brennan on 10/6/2023. A telephonic Case Management Conference is set for 11/2/2023 at 9:00 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the scheduled hearing time. (Attachments: #1 Report of Parties' Planning Meeting, #2 Letter from Chief Judge Lioi, #3 Magistrate Consent Form, #4 Standard for Discovery of Electronically Stored Information, #5 Rule 30.1) (H,AR)
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| Filing 9 Answer of Defendant Community Insurance Company filed by Community Insurance Company. (Stillings, Zackary) |
| Filing 8 Attorney Appearance by Zackary L. Stillings and Nicole Mattingly filed by on behalf of Community Insurance Company. (Stillings, Zackary) |
| Filing 7 Corporate Disclosure Statement filed by North Ohio Heart Center, Inc.. (Perry, Bret) |
| Filing 6 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Alberto Diaz, North Ohio Heart Center, Inc.. (Perry, Bret) |
| Filing 5 Attorney Appearance by Bret C. Perry and Christopher F. Mars, Esq. filed by on behalf of Alberto Diaz, North Ohio Heart Center, Inc.. (Perry, Bret) |
| Filing 4 Initial Standing Order. Judge Bridget Meehan Brennan on 9/22/2023. (F,AW) |
| Filing 3 Magistrate Consent Form issued. (F,AW) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Elevance Health Inc. for Community Insurance Company filed by Community Insurance Company. (Motley, Martha) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 23 984118 with jury demand. Filing fee paid $402.00, receipt number AOHNDC-12193130. Filed by Community Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-Common Pleas Docket, #3 Exhibit 2-Declaration of Cindy Bulter, #4 Exhibit 3-Notice of Consent to Removal) (Motley, Martha) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (F,AW) |
| Judge Bridget Meehan Brennan assigned to case. (F,AW) |
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