Bray et al v. Bon Secours Mercy Health, Inc., INC. et al
| AARON BRAY, N.B., a Minor, by her Parents, Natural Guardians, and Next Friends DWAN BRAY and AARON BRAY and DWAN BRAY |
| LISA TOFT, R.N., BROWN COUNTY WOMEN'S HEALTH, INC., BARBARA PATRIDGE, M.D., OHIO DEPARTMENT OF MEDICAID, BON SECOURS MERCY HEALTH, INC., UNITED STATES OF AMERICA, BROWN COUNTY WOMEN'S HEALTH, LLC, TIMOTHY J. THRESS, M.D. and MERCY HEALTH - ANDERSON HOSPITAL LLC |
| 1:2020cv00699 |
| September 8, 2020 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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Notation Order: This civil action is before the Court on Plaintiffs' Motion for Extension of Time to Conduct Jurisdictional Discovery and Oppose Motion to Dismiss. (Doc. #23 ). In their motion to remand, Plaintiffs sought leave to conduct jurisdictional discovery. (Doc. #20 ). And now, Plaintiffs seek the same relief for purposes of filing a response in opposition to Defendant United States of America's motion to dismiss. (Doc. #21 ). Before the Court can resolve the motion to dismiss, it must first address the motion to remand. Accordingly, the Court STAYS all discovery and any further briefing on the motion to dismiss pending resolution of the motion to remand. After the motion to remand is fully briefed, the Court will determine whether jurisdictional discovery is appropriate as requested by Plaintiffs. If the Court determines that jurisdictional discovery is appropriate, then the Court will issue another Order allowing it. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/4/2020. (rrs)
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Filing 24
RESPONSE in Opposition re #20 MOTION to Remand with Leave to Conduct Jurisdictional Discovery, #23 MOTION for Extension of Time to Complete Discovery New date requested 12/28/2020. Plaintiffs' Motion for Extension of Time to Conduct Jurisdictional Discovery and Oppose Motion to Dismiss United States of America's Memorandum in Opposition to Motion for Remand filed by Defendant United States of America. (Attachments: #1 Exhibit 1-Grant Application 2015 including Form 5A 5B 5C, #2 Exhibit 2-Notice of Award (NOA), #3 Exhibit 3-2015 HealthSource of Ohio DEEMING LETTER, #4 Exhibit 4-HR VERIFICATION OF EMPLOYMENT AND POSITION DESCRIPTION, #5 Exhibit 5-Thress PRACTITIONER DECLARATION SIGNED 8-18-2020, #6 Exhibit 6-HealthSource of Ohio CEO Declaration-8-11-20) (Castro, Margaret)
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Filing 23
MOTION for Extension of Time to Complete Discovery. Plaintiffs' Motion for Extension of Time to Conduct Jurisdictional Discovery and Oppose Motion to Dismiss by Plaintiffs Aaron Bray, Dwan Bray. (Attachments: #1 Exhibit Professional Services Agreement, #2 Exhibit Declaration of Dwan Bray) (Flowers, Paul) Modified Docket Text to Remove Date Requested, No Specific Date Given on Document on 10/30/2020 (bjc).
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Filing 22
NOTICE of Appearance by Stanley Mark Mathews for Defendant Ohio Department of Medicaid, Cross Claimant Ohio Department of Medicaid, Cross Defendant Ohio Department of Medicaid (Mathews, Stanley)
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction by Defendant United States of America for Failure of Exhaust Administrative Remedies by Defendant United States of America. (Attachments: #1 Exhibit A-Declaration of Meredith Torres) (Castro, Margaret)
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Filing 20
MOTION to Remand with Leave to Conduct Jurisdictional Discovery by Plaintiffs Aaron Bray, Dwan Bray. (Attachments: #1 Exhibit Declaration of Dwan Bray, #2 Exhibit Professional Services Agreement) (Flowers, Paul)
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Filing 19
Answer on Behalf of Bon Secours Mercy Health, Inc., Mercy Health - Anderson Hospital, LLC, and Lisa Toft, R.N. to Defendant, State of Ohio, Department of Medicaid's Cross-Claim ANSWER to Complaint filed by Bon Secours Mercy Health, Inc.. (Goldwasser, Brian)
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Filing 18
NOTICE of Appearance by Louis E. Grube for Plaintiffs Aaron Bray, Dwan Bray (Grube, Louis)
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Filing 17
NOTICE of Appearance by Paul William Flowers for Plaintiffs Aaron Bray, Dwan Bray (Flowers, Paul)
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Filing 16
ANSWER to #4 Crossclaim with Jury Demand filed by Brown County Women's Health, Inc., Brown County Women's Health, LLC., Barbara Patridge, MD. (Peschke, Joel) Modified Docket Text and Filers to Match Document and Added Document Link on 10/2/2020 (bjc).
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Filing 15
ANSWER to #13 Complaint with Jury Demand filed by Brown County Women's Health, Inc., Brown County Women's Health, LLC, and Barbara Patridge, MD. (Peschke, Joel) Modified Filers and Docket Text to Match Document and Added Document Link on 10/2/2020 (bjc).
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Filing 14
NOTICE by Plaintiffs Aaron Bray, Dwan Bray re #13 Complaint Signature Pages (Moore, Daniel)
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Filing 13
COMPLAINT with JURY DEMAND against All Defendants, filed by Dwan Bray, Aaron Bray. (Attachments: #1 Affidavit Affidavit of Merit of Marc Incerpi, MD) (Moore, Daniel)
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NOTATION ORDER granting #10 Motion for Leave to Appear Pro Hac Vice of Myles Jacob Poster as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Timothy S. Black on 9/17/20. (eh)
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Filing 12
SECOND AMENDED ANSWER AND JURY DEMAND to #3 Complaint filed by Bon Secours Mercy Health, Inc., Mercy Health - Anderson Hospital, Lisa Toft, R.N. (Goldwasser, Brian) Modified docket text and included all filers on 9/15/2020 (eh).
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Filing 11
Unopposed MOTION for Extension of Time to File New date requested 10/15/2020. by Defendant United States of America. (Horwitz, Matthew)
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Notation Order: The Court, having ascertained that numerous of the documents filed in this case contain the full name of a minor Plaintiff, hereby DIRECTS the Clerk to maintain Docs. 1-3, 1-5, 1-6, 1-7, 1-8, 1-9, 1-11, 1-12, 3, 5, 6, 7, 8, and 9 (collectively, the Confidential Documents) under SEAL. Within 21 days of the date of this Notation Order, the parties shall file new versions of Confidential Documents on CM/ECF, which are either: (1) redacted to remove the name of the minor Plaintiff; or (2) amended to include only the minor Plaintiff's initials. Accord Fed. R. Civ. P. 5.2 (confirming that, where an electronic filing contains "the name of an individual known to be a minor,... [the party] making the filing may include only... the minor's initials..."). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/11/2020. (ss)
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Notation Order: This civil action is before the Court on Defendant the United States of Americas Unopposed Motion for Extension of Time. (Doc. 11). For good cause shown, that motion (Doc. 11) is GRANTED. Accordingly, Defendant the United States of America shall answer, move, or otherwise plead in response to Plaintiffs Complaint (Doc. 3) on or before 10/15/20. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/11/2020. (ss)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7650040) of Myles Jacob Poster by Plaintiffs Aaron Bray, Dwan Bray. (Attachments: #1 Certificate of Good Standing) (Moore, Daniel)
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Filing 9
AMENDED ANSWER and Jury Demand to #3 Complaint originally filed 6/24/2020 in Hamilton County Court of Common Pleas (Case No. A2001735) by Defendants Bon Secours Mercy Health, Inc., Mercy Health - Anderson Hospital LLC, Lisa Toft, RN. (eh)
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Filing 8
ANSWER to #4 Answer to Complaint/Crossclaim originally filed 6/10/2020 in Hamilton County Court of Common Pleas (Case No. A2001735) by Bon Secours Mercy Health, Inc., Mercy Health - Anderson Hospital LLC, Lisa Toft, RN. (eh)
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Filing 7
ANSWER to #4 Answer to Complaint/Crossclaim originally filed 6/1/2020 in Hamilton County Court of Common Pleas (Case No. A2001735) by Brown County Women's Health, Inc., Brown County Women's Health, LLC, Barbara Patridge, MD. (eh)
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Filing 6
ANSWER to #3 Complaint with Jury Demand originally filed 6/1/2020 in Hamilton County Court of Common Pleas (Case No. A2001735) by Brown County Women's Health, Inc., Brown County Women's Health, LLC, Barbara Patridge, MD. (eh) Modified Docket Text and Document Link to Match Document on 9/11/2020 (bjc).
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Filing 5
ANSWER to #3 Complaint with Jury Demand originally filed 5/28/2020 in Hamilton County Court of Common Pleas (Case No. A2001735) by Bon Secours Mercy Health, Inc., Mercy Health - Anderson Hospital LLC, Lisa Toft, RN. (eh)
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Filing 4
ANSWER to #3 Complaint, CROSSCLAIM against Ohio Department of Medicaid, Bon Secours Mercy Health, Inc., Brown County Women's Health, Inc., Brown County Women's Health, LLC, Mercy Health - Anderson Hospital LLC, Barbara Patridge, MD, Timothy J. Thress, MD, Lisa Toft, RN, United States of America originally filed 5/28/2020 in Hamilton County Court of Common Pleas (Case No. A2001735) by Ohio Department of Medicaid. (eh)
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Filing 3
COMPLAINT with JURY DEMAND originally filed 4/30/2020 in Hamilton County Court of Common Pleas (Case No. A2001735) by Aaron Bray, Dwan Bray against All Defendants. (eh)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)
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Filing 2
NOTICE by Defendant UNITED STATES OF AMERICA re #1 Notice of Removal,,, NOTICE OF SUBSTITUTION OF THE UNITED STATES OF AMERICA AS DEFENDANT FOR TIMOTHY J. THRESS, M.D. (Horwitz, Matthew)
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Filing 1
NOTICE OF REMOVAL from Hamilton County Court of Common Pleas, case number A 2001735, filed by TIMOTHY J. THRESS, M.D.. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A - Complaint, #4 Exhibit B - USA Scope Certification, #5 Exhibit C - Amended Answer of Bon Secours Mercy Health, Inc.,etc., #6 Exhibit D - Answer of Bon Secours Mercy Health, LLC, etc., #7 Exhibit E - Answer of Brown County Women's Health, LLC, etc., #8 Exhibit F - Answer of Brown County Women's Health, LLC, etc., #9 Exhibit G - Answer of Bon Secours Mercy Health, Inc., etc., #10 Exhibit H - Answer of State of Ohio, Department of Medicaid, #11 Exhibit I - Motion of Timothy Thress, M.D. and Agreed Entry Extending Time to Answer or Plead, #12 Exhibit J - Motion for Permission to Appear Pro Hac Vice) (Horwitz, Matthew)
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