Carey, et al v. Whitehall Surgery Center, Ltd., et al
| Dr. Jeffrey Carey, Dr. William Gianakopoulos and Dr. Rashmi Patel |
| Whitehall Surgery Center, Ltd. d/b/a Pickerington Surgery Center, DR Steven P Balaloski, Dr. David Kim, Dr. Rodney Comisar, Dr. Michael Ezzie, Dr. Joel Shaw, Todd Dougherty, OHIOHEALTH CORPORATION and Whitehall Surgery Center, Ltd. doing business as Pickerington Surgery Center |
| 2:2023cv03774 |
| November 9, 2023 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Michael H Watson |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 26
OPINION and ORDER remanding this case to the Fairfield County Court of Common Pleas. Signed by Judge Michael H. Watson on 11/21/23. (sem)
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Filing 25
ORDER. Signed by Judge Michael H. Watson on 11/20/23. (ds)
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Filing 24
NOTICE by Plaintiffs Jeffrey Carey, William Gianakopoulos, Rashmi Patel re #22 Notice (Other) Attachment to Notice to Serve Subpoenas (Lipps, Jeffrey)
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Filing 23
ORDER - Brief deadlines due by 12/1/2023 by 5:00 p.m. Signed by Judge Michael H. Watson on 11/20/23. (ds)
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Filing 22
NOTICE by Plaintiffs Jeffrey Carey, William Gianakopoulos, Rashmi Patel of Intent to Serve Subpoenas (Lipps, Jeffrey)
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Filing 21
OPINION AND ORDER finding as moot #18 Motion to Withdraw; granting #18 Motion to Seal. Signed by Judge Michael H. Watson on 11/17/23. (ds) Modified document type on 11/17/2023 (jlk).
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Filing 20
ORDER - Preliminary Injunction Hearing set for 12/4/2023 @9:00 AM in Courtroom 120 - Columbus before Judge Michael H. Watson. Signed by Judge Michael H. Watson on 11/17/23. (ds)
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Filing 19
Minute Entry for proceedings held before Judge Michael H. Watson: Telephone Conference held on 11/16/2023. (Court Reporter: Lahana DuFour) (ds)
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Filing 18
MOTION to Withdraw ECF No. 1 ( Responses due by 12/7/2023), MOTION to Seal (In Alternative) ECF No. 1-2, No. 1-3, and No. 1-4 by Defendants Steven P Balaloski, Rodney Comisar, Todd Dougherty, Michael Ezzie, David Kim, Joel Shaw, Whitehall Surgery Center, Ltd.. (Bloomfield, David)
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Filing 17
OPINION AND ORDER granting #15 MOTION to Seal Document #14 MOTION to Extend Temporary Restraining Order and Renewed Motion for Preliminary Injunction (Unredacted) Only Certain Exhibits Attached to Plaintiff's Motion. Signed by Judge Michael H. Watson on 11/16/23. (ds)
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Filing 16
ORDER - Setting telephone conference for 11/16/2023 @ 3:30 p.m. Signed by Judge Michael H. Watson on 11/16/23. (ds)
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Filing 15
MOTION to Seal Document #14 MOTION to Extend Temporary Restraining Order and Renewed Motion for Preliminary Injunction (Unredacted) Only Certain Exhibits Attached to Plaintiff's Motion by Defendants Steven P Balaloski, Rodney Comisar, Todd Dougherty, Michael Ezzie, David Kim, Joel Shaw, Whitehall Surgery Center, Ltd.. (Bloomfield, David)
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Filing 14
MOTION to Extend Temporary Restraining Order and Renewed Motion for Preliminary Injunction (Unredacted) by Plaintiffs Jeffrey Carey, William Gianakopoulos, Rashmi Patel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Battle, Jennifer)
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Filing 13
OPINION and ORDER granting #9 Motion to Join in other Defendants' filings and denying with prejudice #11 Motion to File Document Under Seal. To the extent Plaintiffs have not yet done so, they are DIRECTED to produce an unredacted version of their motion to Defendants immediately. Plaintiffs are further DIRECTED to file an unredacted version of their motion for a TRO by 12:00 p.m. on November 15, 2023. Signed by Judge Michael H. Watson on 11/14/23. (sem)
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Filing 12
Response to Defendants Notices Filed in Response to the Court's November 13, 2023 Order by Plaintiffs Jeffrey Carey, William Gianakopoulos, Rashmi Patel. (Battle, Jennifer)
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Filing 11
MOTION to File Document Under Seal Unredacted by Plaintiffs Jeffrey Carey, William Gianakopoulos, Rashmi Patel. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Battle, Jennifer)
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Filing 10
MOTION Extension of TRO and for Preliminary Injunction by Plaintiffs Jeffrey Carey, William Gianakopoulos, Rashmi Patel. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Battle, Jennifer)
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Filing 9
MOTION for Joinder Defendants OhioHealth Corporation, Michael Ezzie, M.D., Joel Shaw, M.D., And Todd Dougherty's Joinder in Other Defendants' (1) Emergency Motion to Dissolve Temporary Restraining Order (Doc. 2) and (2) Notice in Response to Court's November 13, 2023 Order (Doc. 8) by Defendants Todd Dougherty, Michael Ezzie, OHIOHEALTH CORPORATION, Joel Shaw. (Tigges, Steven)
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Filing 8
NOTICE by Defendant Whitehall Surgery Center, Ltd. re #6 Order on Motion to Vacate, Defendants Whitehall Surgery Center, LTD. dba Pickerington Surgery Center, and Steven P. Balaloski, M.D., David Kim, M.D., Rodney Comisar, M.D., Michael Essie, M.D., ND Managers of Pickerington Surgery Center's Notice in Response to Court's 11.13.23 Order (Meador, Spencer)
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Filing 7
COMPLAINT with JURY DEMAND originally filed in the Court of Common Pleas for Fairfield County on 11/7/2023; case no. 23CV707 against Steven P Balaloski, Rodney Comisar, Todd Dougherty, Michael Ezzie, David Kim, OHIOHEALTH CORPORATION, Joel Shaw, Whitehall Surgery Center, Ltd. d/b/a Pickerington Surgery Center by Rashmi Patel, William Gianakopoulos, Jeffrey Carey. (Attachments: #1 Exhibits) (mas)
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Filing 6
ORDER terminating as moot #1 Emergency MOTION to Vacate Temporary Restraining Order. Defendants are ORDERED to clarify whether any other aspect of the TRO requires its dissolution prior to November 21, 2023. Defendant shall so clarify via a notice on the docket, which must be filed by 5:00 p.m. on November 13, 2023. Signed by Judge Michael H. Watson on 11/13/23. (sem)
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Filing 5
ORDER granting #4 Motion to Substitute Attorney. Added attorney Jennifer A. L. Battle for Jeffrey Carey, Jennifer A. L. Battle for William Gianakopoulos, Jennifer A. L. Battle for Rashmi Patel. Attorney Jared J Lefevre terminated. Signed by Magistrate Judge Elizabeth Preston Deavers on November 13, 2023. (jlk)
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Filing 4
MOTION to Substitute Attorney by Plaintiffs Jeffrey Carey, William Gianakopoulos, Rashmi Patel. (Lipps, Jeffrey)
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Filing 3
NOTICE OF REMOVAL from Fairfield County Common Pleas, case number 2023-CV-00707, filed by David Kim, OHIOHEALTH CORPORATION, Rodney Comisar, Joel Shaw, Michael Ezzie, Whitehall Surgery Center, Ltd. d/b/a Pickerington Surgery Center, Todd Dougherty, Steven P Balaloski. (Attachments: #1 Exhibit Ex. 1 Complaint, #2 Exhibit Ex. 2 Motion for TRO, #3 Exhibit Ex. 3 TRO, #4 Exhibit Ex. 4 Summons, #5 Exhibit Ex. 5 Service Requests, #6 Exhibit Ex. 6 Notice of Appearance, #7 Exhibit Ex. 7 Notice of Appearance, #8 Civil Cover Sheet Civil Cover Sheet) (Tigges, Steven)
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Judge Michael H. Watson and Magistrate Judge Elizabeth Preston Deavers added. Motions referred to Elizabeth Preston Deavers. (sem)
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Filing 2
(REDACTED) Emergency MOTION to Vacate (AMENDED) Temporary Restraining Order by Defendants Steven P Balaloski, Rodney Comisar, Todd Dougherty, Michael Ezzie, David Kim, Rashmi Patel, Joel Shaw, Whitehall Surgery Center, Ltd. d/b/a Pickerington Surgery Center. (Attachments: #1 Exhibit A (Affidavit of Steven Balaloski, M.D.), #2 Exhibit B (Carey Oct. 3, 2017 Subscription Agreement), #3 Exhibit C (Gianakopoulos Nov. 15, 2017 Subscription Agreement), #4 Exhibit D (Patel Sept. 1, 2020 Subscription Agreement), #5 Exhibit E (First Amendment to the Fourth Amended and Restated Operating Agreement), #6 Exhibit F (Fifth Amended and Restated Operating Agreement), #7 Exhibit G (K. Devaney Nov. 7, 2023 Email to R. McQuown), #8 Exhibit H (S. Meador Nov. 7, 2023 Email to K. Devaney), #9 Exhibit I (S. Parsell Nov. 8, 2023 Email to K. Devaney), #10 Exhibit J (TRO)) (Bloomfield, David)
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Filing fee: $ 402, receipt number AOHSDC-9684057 (sem)
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Filing 1
Emergency MOTION to Vacate Temporary Restraining Order by Defendants Steven P Balaloski, Rodney Comisar, Todd Dougherty, Michael Ezzie, David Kim, Rashmi Patel, Joel Shaw, Whitehall Surgery Center, Ltd. d/b/a Pickerington Surgery Center. (Attachments: #1 Exhibit A (Affidavit of Steven Balaloski, M.D.), #2 Exhibit B (Carey Oct. 3, 2017 Subscription Agreement), #3 Exhibit C (Gianakopoulos Nov. 15, 2017 Subscription Agreement), #4 Exhibit D (Patel Sept. 1, 2020 Subscription Agreement), #5 Exhibit E (First Amendment to the Fourth Amended and Restated Operating Agreement), #6 Exhibit F (Fifth Amended and Restated Operating Agreement), #7 Exhibit G (K. Devaney Nov. 7, 2023 Email to R. McQuown), #8 Exhibit H (S. Meador Nov. 7, 2023 Email to K. Devaney), #9 Exhibit I (S. Parsell Nov. 8, 2023 Email to K. Devaney), #10 Exhibit J (TRO)) (Bloomfield, David)
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