McNeil et al v. Trinity Health Corporation et al
| Brandi Wells, Jessica Sheets, Edward Wright, Amelia Powers, Akeela Bowens, Beth Macioce-Quinn, Rebecca McNeil, Chad Readout, Deron Lundy and Earlene Romine |
| Trinity Health Corporation, Edward Lamb and Mount Carmel Health System |
| Kevin R. McDermott and Frank A Ray |
| 2:2020cv00258 |
| January 17, 2020 |
| US District Court for the Southern District of Ohio |
| Kimberly A Jolson |
| Edmund A Sargus |
| Other Statutory Actions |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
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Filing 98
Green Card: ACKNOWLEDGMENT OF SERVICE Executed by Franklin County Court of Common Pleas. (jlk)
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Filing 97
CLERK'S JUDGMENT. Signed by Deputy Clerk on 11/29/2022. (cmw)
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Filing 96
OPINION AND ORDER granting in part #80 Defendants' Motion for Summary Judgment. JUDGMENT in favor of Defendants as to Plaintiffs Lanham Act, 15 U.S.C. 1125(a), claim (Count II). The Court declines to exercise supplemental jurisdiction over Plaintiffs remaining state law claims (Counts I, II, and IV), and therefore REMANDS this case to the Franklin County Court of Common Pleas. Signed by Judge Edmund A. Sargus on 11/29/2022. (cmw)
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Filing 94
REPLY to Response to Motion re #80 MOTION for Summary Judgment filed by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit Ex. A, Pages from Dep Trans Daniel Roth, MD., #3 Exhibit Ex. B, Pages from Dep Trans John B. Downs, MD, #4 Exhibit Ex. C, Pages from Dep Trans Emilie L. Lucchesi, Ph.D., #5 Exhibit Unpublished Cases) (O'Shea, Kevin)
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Filing 93
NOTICE by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation re 92 Order on Motion for Extension of Time to File Response/Reply, Letter to Magistrate Jolson re. Temporary Seal (O'Shea, Kevin)
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Filing 92
NOTATION ORDER: ORDER granting Defendants' STIPULATION and Proposed Order Extending Dates. The Reply to Plaintiff's Response to Motion for Summary Judgement is now due November 7, 2022. Defendants SHALL move to permanently seal by November 7, 2022, or otherwise inform the Court that temporary seal is no longer necessary. Signed by Magistrate Judge Kimberly A. Jolson on 10/11/22. (jr)
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Filing 91
Notice of Mediation Conference: Mediation Hearing set for 11/8/2022 at 09:30 AM. (jr)
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Filing 90
STIPULATION and [Proposed] Order Extending Dates by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (O'Shea, Kevin)
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Filing 88
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): re 87 . Non-Compliance Deadline due by 10/5/2022. (tla)
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Filing 86
ORDER granting #85 Plaintiffs' Consent Motion for Extension of Time to Respond to the Motion for Summary Judgment. The Response is now due October 3, 2022; the Reply is due October 24, 2022. The request for a modified protocol is GRANTED in part and DENIED in part. The Court GRANTS Plaintiffs permission to file their Response to Defendants Motion for Summary Judgment under TEMPORARY SEAL. Defendants SHALL move to permanently seal by October 24, 2022, or otherwise inform the Court that temporary seal is no longer necessary. Signed by Magistrate Judge Kimberly A. Jolson on September 20, 2022. (jlk)
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Filing 85
Consent MOTION for Extension of Time New date requested 10/3/2022. with additional Joint Request addressing material in Plaintiffs' submissions that may be subject to a motion to seal by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert) Modified event and Added MOTION for Extension of Time to File Response/Reply on 9/20/2022 (jlk).
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NOTICE DESIGNATING MEDIATOR: Frank A Ray assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in October 2022, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2)
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Filing 84
NOTATION ORDER - The Parties' request to assign a new mediator (Doc. #83 ) is GRANTED. The Clerk is DIRECTED to assign a new mediator to this case. Signed by Magistrate Judge Kimberly A. Jolson on 9/2/22. (jr)
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Filing 83
Joint MOTION Settlement Conference/Appoint Mediator Letter Motion to Hon. Kimberly A. Jolson by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 82
NOTATION ORDER GRANTING the joint Request to Amend Briefing Schedule. (Doc. #81 ). Plaintiffs' Response is due 9/28/22; Defendants' Reply is due 10/20/22. Signed by Magistrate Judge Kimberly A. Jolson on 8/25/22. (jr)
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Set/Reset Deadlines as to #80 MOTION for Summary Judgment . Responses due by 9/28/2022 Replies due by 10/20/2022. (jr)
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Filing 81
Consent MOTION for Extension of Time New date requested 9/28/2022. Letter Motion to Hon. Kimberly A. Jolson by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 80
MOTION for Summary Judgment by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1, Kathryn N. Barga, RN Deposition Transcript, #3 Exhibit 2, Daniel Roth, M.D. Deposition Transcript, #4 Exhibit 3, Larry D. Swanner, M.D. Deposition Transcript, #5 Exhibit 4, David R. Ralston, M.D. Deposition Transcript, #6 Exhibit 5, Edward H. Lamb Deposition Transcript, #7 Exhibit 6, Sean McKibben Deposition Transcript, #8 Exhibit 7, Rosalie Tocco-Bradley, M.D. Deposition Transcript, #9 Exhibit 8, 12/10/18 MEC Peer Review Meeting Minutes, #10 Exhibit 9, OBN Executive Summary: Patient Safety Initiative Creating a Culture of Safety and Accountability, #11 Exhibit 10, Melissa Lander Deposition Transcript, #12 Exhibit 11, Notice of Summary Suspension and Opportunity for Hearing, dated 1/25/19, #13 Exhibit 12, Notice of Opportunity for Hearing dated 2/13/19, #14 Exhibit 13 McNeil Termination Notice, #15 Exhibit 14, Collection of Newspaper articles, #16 Exhibit 15, Wright Order dated 1/13/22 with attached R&R, #17 Exhibit 16, Chad Readout Order, #18 Exhibit 17, Black -- Decision and Judgment entry Affirming the Order of the OBN, 3/9/22, #19 Exhibit 18, Husel Entry of Order Dated 5/11/22, #20 Exhibit 19, Unpublished opinions, #21 Exhibit 20, Outreach to Patient FamiliesProcess & Scrip, #22 Exhibit 21, Plaintiffs Identification of Experts 8/12/22, #23 Exhibit 22, Code of Conduct, #24 Exhibit 23, U.S. FDA Prescribing Information, #25 Exhibit 24, Pharmacy IV Guidelines, #26 Exhibit 25, Brandi Wells Deposition Transcript, #27 Exhibit 26, Angela Bowens Deposition Transcript, #28 Exhibit 27, Beth Macioce-Quinn Deposition Transcript, #29 Exhibit 28, Deron Lundy Deposition Transcript, #30 Exhibit 29, Edward Wright Deposition Transcript, #31 Exhibit 30, Earlene Romine Deposition Transcript, #32 Exhibit 31, Rebecca McNeil Deposition Transcript, #33 Exhibit 32, Jessica Sheets Deposition Transcript, #34 Exhibit 33, Chad Readout Deposition Transcript, #35 Exhibit 34, Plaintiffs Combined Objections and Responses to Defendants Second, Third and Fourth Requests for Discovery, #36 Exhibit 35, Plaintiffs Combined Objections and Responses to Defendants First Demands for Discovery, #37 Exhibit 36, Census Bureau, QuickFacts, Columbus city, Ohio, #38 Exhibit 37, Corrective Action Policy, #39 Exhibit 38, Just Culture Algorithm, #40 Exhibit 39, January 5, 2019 email RNs need help, #41 Exhibit 40, Megan Keith email, #42 Exhibit 41, Ann M. Irwin letter, #43 Exhibit 42, Carrier Grier email, #44 Exhibit 43, Alisha Meyer email, #45 Exhibit 44, Amanda Harrow email, #46 Exhibit 45, Just Culture Decision Chart, #47 Exhibit 46, Wells Notice of Termination, #48 Exhibit 47, Bowen Notice of Termination, #49 Exhibit 48. Sheets Notice of Termination, #50 Exhibit 49, Lundy Notice of Termination, #51 Exhibit 50, Lundys Rebuttal to Notice of Termination, #52 Exhibit 51, MCHS Rejection of Lundys Rebuttal, #53 Exhibit 52, Lundy Emails 2.8.19, #54 Exhibit 53, Lundy Emails 2.13.19, #55 Exhibit 54, Macioce-Quinn Notice of Termination, #56 Exhibit 55, Release, #57 Exhibit 56, Romine PIP, #58 Exhibit 57, January 23, 2019 Romine email, #59 Exhibit 58. February 6, 2019 Romine email, #60 Exhibit 59. Romine Termination Rational, #61 Exhibit 60, Bucklew Notice of Termination, #62 Exhibit 61, Plan of Correction, #63 Exhibit 62, Policy on PTO) (Ravitz, Daniel)
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Notice of Mediation Conference: Mediation Hearing set for 10/6/2022 at 09:30 AM. (agm)
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NOTICE DESIGNATING MEDIATOR: Kevin R McDermott assigned as mediator to this case. Previously assigned mediator reported a conflict. Within 14 days, the new mediator and parties will confer to set a date, time, and location for mediation in September 2022, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2)
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NOTICE DESIGNATING MEDIATOR: Nelson E Genshaft assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in September 2022, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2)
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Filing 78
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in September 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 8/1/2022. (kk2) In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference.
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NOTATION ORDER granting #77 Motion for leave to appear pro hac vice of Julian Alejandro Rios as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 6/13/2022. (daf)
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Filing 77
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8903675) of Julian Alejandro Rios by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Exhibit Good Standing, #2 Exhibit TX License) (Tkach, Levi)
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Filing 76
ORDER granting in part and denying in part #75 Motion to Extend Discovery and the Case Schedule. Discovery, including all depositions, due by 7/22/2022; Dispositive Motions due by 8/22/2022 - Responses due by 9/14/2022 - Replies due by 9/26/2022; Experts intended to be called at trial shall be identified by 8/8/2022; Trial Rebuttal Experts shall be identified by 9/14/2022; Supplements to expert disclosures due by 10/14/2022; Expert Discovery and depositions due by 10/31/2022. Signed by Magistrate Judge Kimberly A. Jolson on 5/18/2022. (kk2)
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Set/Reset Columbus PPTO Deadlines: Discovery due by 7/22/2022. Discovery (Expert) due by 10/31/2022. Dispositive motions due by 8/22/2022 - Responses due by 9/14/2022 - Replies due by 9/26/2022. (kk2)
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Filing 75
Joint MOTION So Order Joint Letter re Discovery, Dispositive Motions and Expert Disclosures by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 74
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in June 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 4/29/2022. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference.
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Filing 73
ORDER granting #72 Joint Motion to Continue Trial Schedule Final Pretrial Conference set for 1/6/2023 at 09:00 AM in Chambers before Judge Edmund A. Sargus. Jury Trial set for 1/17/2023 at 09:00 AM in Courtroom 311 - Columbus before Judge Edmund A. Sargus. Settlement Conference set for 12/5/2022 at 09:00 AM in Chambers before Judge Edmund A. Sargus.. Signed by Judge Edmund A. Sargus on 4/12/2022. (cmw)
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Filing 72
MOTION Continuance of Trial Date and Related Dates by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit Affidavit of E. Powell Miller, #3 Exhibit Order Setting Trial Date and Pretrial Deadlines) (O'Shea, Kevin)
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Filing 71
SCHEDULING ORDER: Final Pretrial Conference set for 9/2/2022 at 09:00 AM in Chambers before Judge Edmund A. Sargus. Settlement Conference set for 8/1/2022 at 09:30 AM in Chambers before Judge Edmund A. Sargus. Jury Trial set for 9/12/2022 at 09:00 AM in Courtroom 311 - Columbus before Judge Edmund A. Sargus. Motions in Limine due by 8/15/2022. Signed by Judge Edmund A. Sargus on 2/28/2022. (Attachments: #1 FPTO Form) (cmw)
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Filing 70
NOTATION ORDER: For good cause shown, the Joint Motion (Doc. #69 ) is GRANTED. The remaining discovery deadlines are extended 60 days. In the interest of expediency, no more extensions will be granted. Signed by Magistrate Judge Kimberly A. Jolson on 2/10/22. (jr)
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Set/Reset Deadlines: Discovery due by 7/5/2022. Dispositive motions due by 7/26/2022. (jr)
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Filing 69
Joint MOTION for Discovery and Proposed Order re: Discovery Schedule with Status Report by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 68
NOTICE by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright Notice of Change of Firm Name and Address (Landy, Robert)
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Filing 67
STIPULATION AND ORDER RESOLVING RESETTING DISCOVERY DEADLINES. Signed by Magistrate Judge Kimberly A. Jolson on 11/18/2021. (kk2)
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Set/Reset Columbus PPTO Deadlines per #67 : Discovery (Fact) due by 5/6/2022. Dispositive motions due by 5/27/2022. Settlement Demand due by 5/13/2022. Response to Settlement Demand due by 5/27/2022. Mediation Deadline: 6/2022. (kk2)
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Filing 66
STIPULATION and Proposed Order re: Discovery Schedule by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert) Modified event on 11/18/2021 (kk2)
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Filing 65
OPINION AND ORDER denying #50 Motion for Protective Order & granting in part and denying in part #54 Motion to Compel. The deadlines set out by the Court's April 27, 2021 Order (Doc. #43 ) are VACATED. The parties are ORDERED to submit a joint proposed scheduling order for the remaining case deadlines by 11/17/2021. Signed by Magistrate Judge Kimberly A. Jolson on 11/10/2021. (kk2)
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Filing 64
NOTATION ORDER: Defendants represent that they are ready to submit the documents at issue in the pending motions (Docs. #50 , #54 ) for in camera review. They are directed to send all documents by email to jolson_chambers@ohsd.uscourts.gov. Signed by Magistrate Judge Kimberly A. Jolson on 10/5/21. (jr)
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Filing 63
STATUS REPORT by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (O'Shea, Kevin)
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Filing 62
NOTATION ORDER GRANTING the Unopposed Motion to Seal (Doc. #59 ). Plaintiffs shall file Exhibits 1, 2, and 5 from their Cross Motion to Compel Discovery (Doc. #54 ) under temporary seal. The materials shall remain sealed until the Court rules on the Motion for Protective Order (Doc. #50 ). Signed by Magistrate Judge Kimberly A. Jolson on 10/4/21. (jr)
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Filing 61
STATUS REPORT re Three Pending Motions by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 60
REPLY to Response to Motion re #50 MOTION for Protective Order , #54 Cross MOTION to Compel Discovery Memorandum in Opposition filed by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (O'Shea, Kevin)
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Filing 59
Unopposed MOTION to Seal Three Exhibits That Plaintiffs Have Attached to their Memorandum of Law in Opposition to Motion for Protective Order and in Support of Cross-Motion to Compel Discovery [ECF No. 54] by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit A - Unpublished Cases) (O'Shea, Kevin)
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Filing 58
NOTICE by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright re #54 Cross MOTION to Compel Discovery Re-Filed Exhibit 7 Unredacted (Landy, Robert)
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This entry was created for filing purposes only. Please refer to ECF No. 56. (daf)
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Filing 56
NOTATION ORDER GRANTING IN PART AND DENYING IN PART Joint Motion to So Order (Doc. #55 ). Plaintiffs shall file the supporting materials designated "Confidential" under temporary seal. Defendants shall file a motion to seal, if any, by October 1, concurrently with their papers in reply/response. If Defendants file no such a motion, the materials shall no longer be sealed. If Defendants file such a motion, the materials shall remain sealed until the Court rules on the motion. Signed by Magistrate Judge Kimberly A. Jolson on 9/21/21. (jr)
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Filing 55
Consent MOTION to So Order Letter re #54 Cross MOTION to Compel Discovery re Materials Designated as Confidential under Stipulated Protective Order by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert) Modified event type on 9/23/2021 (daf).
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Filing 54
Cross MOTION to Compel Discovery by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Memorandum of Law in Support of Cross-Motion, #2 Declaration of Robert S. Landy, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9) (Landy, Robert)
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Filing 53
NOTATION ORDER - For good cause shown, the parties' Motion for Extension of Time (Doc. #52 ) is granted. The briefing schedule for Defendants' Motion for Protective Order (Doc. #50 ) is amended as follows: Plaintiffs' Response and Cross-Motion due by 9/17/2021; Response to Cross-Motion and Reply due by 10/1/2021; and Plaintiffs' Reply to Cross-Motion due by 10/6/2021. Signed by Magistrate Judge Kimberly A. Jolson on 9/8/21. (jr)
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Set/Reset Deadlines as to #50 MOTION for Protective Order . Responses due by 9/17/2021 Replies due by 10/1/2021. (jr)
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Filing 52
MOTION for Extension of Time New date requested 9/17/2021. re Remaining Briefing Schedule by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Prasad, Anjula)
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Filing 51
NOTATION ORDER - Plaintiffs' response to Defendants' Motion for Protective Order (Doc. #50 ) was due September 3, 2021 (Doc. #48 ). As of the date of this Order, no response has been filed. Plaintiffs are ORDERED to show cause why they have not responded by September 10, 2021, or the Court will consider Defendants' Motion (Doc. #50 ) unopposed. Signed by Magistrate Judge Kimberly A. Jolson on 9/7/21. (jr)
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Filing 50
MOTION for Protective Order by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A- Affidavit of Mandi Murray, #3 Exhibit B- Affidavit of Melissa Lander, #4 Exhibit C- Plaintiffs Requests for Production of Documents Nos. 37, 40 and 41, #5 Exhibit D- Unpublished Cases) (O'Shea, Kevin)
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Filing 49
NOTICE by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation of Withdrawal of Appearance of Mahde Abdallah (Abdallah, Mahde)
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Filing 48
ORDER: Defendants' Motion for Protective Order due by 8/20/2021. Responses and Cross-Motion due by 9/3/2021. Response to Cross-Motion and Reply due by 9/17/2021. Plaintiffs' Reply to Cross-Motion due by 9/22/2021. Signed by Magistrate Judge Kimberly A. Jolson on 7/16/2021. (ew)
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Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 7/14/2021. (jr)
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Filing 46
Joint MOTION Conference re #45 Order on Motion for Discovery, Request for Telephonic Conference by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Exhibit Ex. A - Discovery Status Report) (Landy, Robert)
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Filing 45
ORDER - Plaintiffs' Motion for Discovery (Doc. #44 ) is DENIED without prejudice. The parties are ORDERED to meet and confer regarding these outstanding discovery requests and file a joint status report within fourteen (14) days from the date of this Order updating the Court on any lingering issues. Furthermore, the status conference set for June 25, 2021, is hereby VACATED. Signed by Magistrate Judge Kimberly A. Jolson on 6/24/21. (jr)
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Filing 44
MOTION for Discovery via Letter re Final Discovery by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Prasad, Anjula)
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Filing 43
ORDER - Resetting discovery deadlines: Discovery (Fact) due by 10/18/2021. Dispositive motions due by 11/23/2021. Settlement Demand due by 10/15/2021. Response to Settlement Demand due by 10/29/2021. Mediation Deadline: 2/1/2022. Signed by Magistrate Judge Kimberly A. Jolson on April 27, 2021. (jlk)
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Set/Reset Hearings: Compliance Conference set for 6/25/2021 10:00 AM via Teleconference before Magistrate Judge Kimberly A. Jolson. (jlk)
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Filing 42
STIPULATION and Proposed Order re: Discovery Schedule by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 4/20/2021. (jr)
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Filing 40
MOTION for Discovery Conference by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Exhibit Emails among counsel regarding privilege log and forthcoming productions) (Landy, Robert)
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NOTATION ORDER granting #38 and #39 Motions for leave to appear pro hac vice of Daniel L. Ravitz and Mahde Y. Abdallah as Co-Counsels. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Kimberly A. Jolson on 3/31/2021. (daf)
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Filing 39
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8241579) of Mahde Y. Abdallah by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit Michigan Certificate of Good Standing) (Endicott, Samuel)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8241521) of Daniel L. Ravitz by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit New York Certificate of Good Standing, #2 Exhibit Michigan Certificate of Good Standing) (Endicott, Samuel)
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Filing 37
NUNC PRO TUNC ORDER. Signed by Judge Edmund A. Sargus on 3/18/2021. (cmw)
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Filing 36
OPINION AND ORDER granting in part and denying in part #21 Defendants Mount Carmel Health System, Trinity Health Corporation, and Edward Lambs Motion to Dismiss. Signed by Judge Edmund A. Sargus on 3/17/2021. (cmw)
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NOTICE DESIGNATING MEDIATOR: James D Curphey assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in April 2021, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2)
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Filing 34
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in April 2021. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 3/1/2021. (kk2)In light of the COVID-19 pandemic, all in-person mediations are postponed; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference.
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Filing 33
OPINION AND ORDER denying without prejudice #26 Motion to Compel: Defendants are ORDERED to produce a privilege log within 14 days. Signed by Magistrate Judge Kimberly A. Jolson on 2/8/2021. (ew)
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Filing 32
STIPULATION and Proposed Order [Request to so Order] by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 31
REPLY to Response to Motion re #26 First MOTION to Compel Discovery filed by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Declaration of Robert S. Landy, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B) (Landy, Robert)
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Filing 30
STIPULATION of Voluntary Partial Dismissal by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 29
RESPONSE in Opposition re #26 First MOTION to Compel Discovery filed by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (O'Shea, Kevin)
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Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 1/11/2021. (jr)
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Filing 28
NOTATION ORDER: In light of Plaintiffs Motion (Doc. #27 ), the Court sets a status conference for January 11, 2021, at 11:00 a.m. Counsel shall call 1-888-684-8852 to participate in the telephone conference. The conference access code is 3189690 and the security code is 0258. Signed by Magistrate Judge Kimberly A. Jolson on 1/5/2021. (kk2)
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Filing 27
MOTION for Discovery Letter Request for Court Conference by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 26
First MOTION to Compel Discovery by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Affidavit Landy Affidavit, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C) (Graff, Douglas)
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Filing 25
For good cause shown, Plaintiffs' unopposed Motion for Extension of Time (Doc. 24) is GRANTED. Discovery due 7/9/21. Dispositive Motions due 8/24/21. Primary Expert due 5/4/21. Rebuttal Expert due 6/25/20. Settlement demand due 4/23/21. Response to Settlement Demand due 5/14/21. The Court expects the parties to use video conferencing technology to complete depositions in this matter. Due to the length of the extension requested, the Court anticipates no further extension of these deadlines. Signed by Magistrate Judge Kimberly A. Jolson on 10/14/2020. (KAJ)
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Filing 24
MOTION for Discovery via Letter Requesting a 120-day Extension of all Deadlines by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Landy, Robert)
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Filing 23
REPLY to Response to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (O'Shea, Kevin)
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Filing 22
RESPONSE in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Exhibit A Complaint) (Landy, Robert)
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Filing 21
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit 1 - Exhibit D to Plaintiffs' Complaint) (Miller, E.)
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Filing 20
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 3/27/20. (jr)
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Filing 19
STIPULATION regarding Protective Order by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (O'Shea, Kevin)
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Filing 18
Defendants' ANSWER to #8 Complaint, filed by All Defendants. (O'Shea, Kevin)
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Filing 17
MEMORANDUM OF FIRST PRETRIAL CONFERENCE: Case is referred to Mediation in April 2021. Case referred to Clerk for assignment of mediator. Joinder of Parties and Motions to Amend due by 8/15/2020. Initial Disclosures due by 3/26/2020. Discovery due by 3/12/2021. Protective Order or Clawback Agreement due by 3/26/2020. Dispositive Motions due by 4/26/2021. Primary Expert due by 1/24/2021. Rebuttal Expert due by 2/26/2021. Settlement Demand due by 12/26/2020. Response to Settlement Demand due by 1/16/2021. Signed by Magistrate Judge Kimberly A. Jolson on 3/12/2020. (Attachments: #1 Exhibit A ESI Protocols) (ew)
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Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Initial Pretrial Conference held on 3/12/2020. (jr)
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NOTATION ORDER: The Motions for Admission Pro Hac Vice of Kevin O'Shea and E. Powell Miller are GRANTED . By Magistrate Judge Kimberly A. Jolson on 3/10/2020. (daf)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7371213) of E. Powell Miller by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit Certificate of Good Standing for EPM, #2 Text of Proposed Order Proposed Order Granting Motion for PHV Admission for EPM) (Endicott, Samuel)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7371177) of Kevin O'Shea by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Exhibit Certificate of Good Standing for KFO, #2 Text of Proposed Order Proposed Order Granting Motion for PHV Admission for KFO) (Endicott, Samuel)
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Filing 14
RULE 26(f) REPORT by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Exhibit ESI Production Specs) (Graff, Douglas)
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NOTATION ORDER: The Motions for Admission Pro Hac Vice of Robert S. Landy and Anjula S. Prasad are GRANTED . By Magistrate Judge Kimberly A. Jolson on 3/4/2020. (daf)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7357071) of Anjula S. Prasad by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Exhibit Certificate of Good Standing) (Graff, Douglas)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7357056) of Robert s. Landy by Plaintiffs Akeela Bowens, Deron Lundy, Beth Macioce-Quinn, Rebecca McNeil, Amelia Powers, Chad Readout, Earlene Romine, Jessica Sheets, Brandi Wells, Edward Wright. (Attachments: #1 Exhibit Certificate of Good Standing) (Graff, Douglas)
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Filing 11
NOTICE of Hearing: Pretrial Conference set for 3/12/2020 @ 1:30 PM before Magistrate Judge Kimberly A. Jolson. (jr)
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Filing 10
ORDER granting #9 Motion for Extension of Time: Answers due 3/16/2020. Signed by Magistrate Judge Kimberly A. Jolson on 2/11/2020. (ew)
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Filing 9
Unopposed MOTION for Extension of Time to File Answer re #8 Complaint, New date requested 3/16/2020. by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Extend Time to Answer) (Endicott, Samuel)
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Filing 8
COMPLAINT with JURY DEMAND against Edward Lamb, Mount Carmel Health System, Trinity Health Corporation, filed by Akeela Bowens, Earlene Romine, Amelia Powers, Jessica Sheets, Beth Macioce-Quinn, Chad Readout, Edward Wright, Rebecca McNeil, Deron Lundy, and Brandi Wells. (daf)
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Set/Reset Deadlines: Edward Lamb answer due 2/14/2020; Mount Carmel Health System answer due 2/14/2020; Trinity Health Corporation answer due 2/14/2020. (daf)
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Filing 7
STIPULATION Extension of Time to Move or Plead by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation. (Asensio, Manuel)
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Filing 6
NOTICE by Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation Certificate of Filing Notice to State Court of Removal (Attachments: #1 Exhibit Notice to State Court of Removal) (Asensio, Manuel)
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Filing 5
Corporate Disclosure Statement by Defendant Trinity Health Corporation. (Asensio, Manuel)
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Filing 4
Corporate Disclosure Statement by Defendant Mount Carmel Health System. (Asensio, Manuel)
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Filing 3
NOTICE of Appearance by Samuel E Endicott for Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation (Endicott, Samuel)
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Filing 2
NOTICE of Appearance by Manuel Jose Asensio, III for Defendants Edward Lamb, Mount Carmel Health System, Trinity Health Corporation (Asensio, Manuel)
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Filing 1
NOTICE OF REMOVAL from Franklin County Court of Common Pleas, case number 19CV10094 ( Filing fee $ 400 paid - receipt number: 0648-7286022), filed by Trinity Health Corporation, Mount Carmel Health System, Edward Lamb. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A - Complaint, #4 Exhibit B - Summons, #5 Exhibit C - State Court Filings) (Asensio, Manuel)
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