Doe v. ProMedica Health System, Inc.
| John Doe |
| ProMedica Health System, Inc. |
| 3:2020cv01581 |
| July 17, 2020 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1442 Petition for Removal |
| Plaintiff |
Docket Report
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Filing 26
Order of Case Dismissal approving #25 Notice of Dismissal Under FRCP 41(a)(1). Judge Jack Zouhary on 1/7/2021. (D,L)
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| Filing 25 Notice of Dismissal Under FRCP 41(a)(1) filed by All Plaintiffs. (Hulick, Kevin) |
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Filing 24
Order Denying Certification for Appeal. Plaintiff has not satisfied all three Section 1292(b) factors. Plaintiff's Motion for Certification #20 is denied. See Order for Details. Judge Jack Zouhary on 12/14/2020.(D,L)
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| Filing 23 Opposition to #20 Motion for leave to appeal (Plaintiff's Motion to Certify the Court's Order Denying Plaintiff's Motion for Remand for Interlocutory Review Pursuant to 28 U.S.C. 1292(b)) filed by ProMedica Health System, Inc.. (Carney, David) |
| Filing 22 CASE MANAGEMENT CONFERENCE ORDER. CMC held on 11/16/20. Parties shall begin to roll out their Rule 26(a) disclosures in an efficient time frame agreed to by counsel. Case is assigned to the Complex Track with trial in JULY 2022. Case does involve electronic discovery. See attached Order for detail. Deadline for amending pleadings/adding parties: 7/1/21. Counsel are reminded to follow the amended Civil Rules regarding proportional discovery and civility. Counsel will stage depositions pursuant to 2015 Civil Rules amendments. See Civil Case Management Procedures (Doc. #3 at Paragraph 3). Discovery deadlines to be determined after briefing on class certification. Expert depositions and dispositive motions require prior Court approval. See attached Order for briefing requirements. Failure to follow will result in Clerk striking the briefing. Defendant's response to Plaintiff's Motion for Interlocutory Appeal (Doc. #20 ) is due by 11/25/20 at noon. ProMedica intends to file a motion to dismiss Plaintiff's Complaint. Counsel agree to (1) meeting and conferring on the motion to dismiss by 12/4/20; (2) if Plaintiff intends to amend the Complaint in light of the conferral, the Amended Complaint is due by 12/30/20; and (3) counsel shall file a Joint Status Report by 1/15/21, attaching their respective letters and requesting a phone conference with this Court. (30 min) Judge Jack Zouhary on 11/17/20. (S,Na) |
| Filing 21 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by ProMedica Health System, Inc. (Rovenger, Joshua- s/ by David Carney and Kevin Hulick) Modified on 11/12/2020 (M,L). |
| Filing 20 Motion for leave to appeal (Plaintiff's Motion to Certify the Court's Order Denying Plaintiff's Motion for Remand for Interlocutory Review Pursuant to 28 U.S.C. 1292(b)) filed by Plaintiff John Doe. Related document(s) #18 . (Attachments: #1 Brief in Support)(Hulick, Kevin) |
| Filing 19 CASE MANAGEMENT CONFERENCE NOTICE. CMC to be held on 11/16/20 at 10:30 AM before Judge Jack Zouhary. Counsel may participate by phone, and party attendance is not required. Initial Disclosures shall be exchanged no later than two weeks prior to the CMC. Report of Parties' Planning Meeting shall be jointly signed and filed at least three (3) days before the CMC. Judge Jack Zouhary on 11/4/20. (S,Na) |
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Filing 18
Order denying #14 Plaintiff's Motion to Remand. This Court will next schedule a Case Management Conference with counsel completing a Report of the Parties' Planning Meeting in advance. Judge Jack Zouhary on 10/30/2020.(D,L)
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| Filing 17 Notice of Supplemental Authority filed by ProMedica Health System, Inc.. (Attachments: #1 Exhibit A - UPMC Opinion & Order Denying Interlocutory Appeal)(Carney, David) |
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Order [non-document] granting #16 Motion for Leave to file Reply. Reply filed at Doc. #16 -1, 2 deemed filed. Judge Jack Zouhary on 9/15/2020.(D,L)
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| Filing 16 Motion for leave to File Reply Brief filed by Plaintiff John Doe. (Attachments: #1 Exhibit 1 - Plaintiff's Reply on Motion to Remand, #2 Exhibit A - Jane Doe v. MedStar Health, Inc. - Order)(Hulick, Kevin) |
| Filing 15 Opposition to #14 Motion to remand to State Court filed by ProMedica Health System, Inc.. (Attachments: #1 Exhibit A - Executive Order: Incentives for the Use of Health Information Technology, #2 Exhibit B - Federal Health IT Strategic Plan 2011-2015, #3 Exhibit C - Declaration of Debi Brobst, #4 Exhibit D - A 10-Year Vision, #5 Exhibit E - Federal Health IT Strategic Plan 2015-2020)(Carney, David) |
| Filing 14 Motion to remand to State Court with Memorandum in Support filed by Plaintiff John Doe. (Attachments: #1 Exhibit Plaintiff's Memorandum in Support, #2 Exhibit A - Complaint, #3 Exhibit B - Declaration of Richard M. Smith)(Hulick, Kevin) |
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Filing 13
Order Striking Plaintiff Briefing. This Court granted Plaintiff permission to file a Motion to Remand, with a 15 pg limit #10 . Plaintiff then filed a 10 pg document titled "Motion to Remand" #12 . Attached to the Motion is a 15 pg document titled "Memorandum in Support of Motion to Remand" (Doc. #12 -3). Plaintiff effectively filed a 25 pg Motion, which this Court now strikes from the record. Motion to Remand now due by August 20, 2020. Opposition due by September 4. To eliminate any remaining confusion, all substantive content in the Motion and supporting brief combined shall not exceed fifteen pages. If more than 15 pgs are necessary, the proper course is to request permission to exceed the limit. Judge Jack Zouhary on 8/18/2020. (D,L)
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| Filing 12 STRICKEN PER ORDER #13 FILED ON 8/18/2020. Motion to remand to State Court filed by Plaintiff John Doe. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Declaration of Richard M. Smith, #3 Brief in Support of Motion to Remand)(Hulick, Kevin) Modified on 8/18/2020 (D,L). |
| Filing 11 Attorney Appearance by Joshua Rovenger filed by on behalf of ProMedica Health System, Inc.. (Rovenger, Joshua) |
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Filing 10
ORDER. Initial Phone Status held on 8/3/20. Plaintiff's Motion to Remand due by 8/17/20; Opposition due by 8/31/20. Fifteen-page maximum each; footnotes strongly discouraged. No Reply or Hearing unless requested by this Court. All deadlines for legal filings are otherwise stayed; the Motion for Extension (Doc. #5 ) is therefore denied as moot. (30 min) Judge Jack Zouhary on 8/3/20. (S,Na)
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| Filing 9 Marginal Entry Order granting #7 Motion for appearance pro hac vice by attorney Mitchell M. Breit for John Doe. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 7/30/2020. (Attachments: #1 ACTL Code of Conduct)(K,AR) |
| Filing 8 Marginal Entry Order granting #6 Motion for appearance pro hac vice by attorney Jason "Jay" Barnes for John Doe. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 7/30/2020. (Attachments: #1 ACTL Code of Conduct)(K,AR) |
| Filing 7 Motion for attorney Mitchell M. Breit, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10140964, filed by Plaintiff John Doe. (Attachments: #1 Exhibit A - Affidavit of Mitchell M. Breit, Esq.)(Hulick, Kevin) |
| Filing 6 Motion for attorney Jason "Jay" Barnes, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10140930, filed by Plaintiff John Doe. (Attachments: #1 Exhibit A - Affidavit of Jason "Jay" Barnes, Esq.)(Hulick, Kevin) |
| NOTICE [non-document] of Initial Phone Status set for 8/3/20 at 10:00 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. No dispositive motions shall be filed prior to the Initial Phone Status. (S,Na) |
| Filing 5 Unopposed Motion for extension of time for 21 days to answer filed by Defendant ProMedica Health System, Inc. (Attachments: #1 Proposed Order)(Carney, David) Modified text on 7/27/2020 (M,L). |
| Filing 4 Corporate Disclosure Statement filed by ProMedica Health System, Inc.. (Carney, David) |
| Filing 3 Civil Case Management Procedures Order. Judge Jack Zouhary on 7/17/2020. (R,Ke) |
| Filing 2 Magistrate Consent Form issued. (R,Ke) |
| Filing 1 Notice of Removal from Court of Common Pleas, Lucas County, Ohio, case number G-4801-CI-0202002321-000 with jury demand, Filing fee paid $ 400, receipt number AOHNDC-10113215. Filed by ProMedica Health System, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Lucas Co. Common Pleas Complaint, #3 Exhibit B- Lucas Co. Common Pleas Praecipe, #4 Exhibit C- Lucas Co. Common Pleas Summons, #5 Exhibit D- Lucas Co. Common Pleas certified mail returns, #6 Exhibit E- Lucas Co. Common Pleas Motion) (Carney, David) Modified text on 7/17/2020 (R,Ke). |
| Judge Jack Zouhary assigned to case. (R,Ke) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (R,Ke) |
| Notice by Clerk that ProMedica Health System, Inc. is reminded of their obligation to file a corporate disclosure statement as required by Local Rule 3.13(b). (R,Ke) |
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