Burton, D.O. v. Kettering Adventist Healthcare et al
Plaintiff: Jenna Burton, D.O.
Defendant: Lyndetta Schwartz, M.D., F.A.C.P., Kettering Adventist Healthcare and Joshua Hamilton, M.D.
Case Number: 3:2020cv00209
Filed: June 2, 2020
Court: US District Court for the Southern District of Ohio
Presiding Judge: Thomas M Rose
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2617
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2020 Opinion or Order Filing 18 ENTRY AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND #15 , REMANDING THIS MATTER TO THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, OHIO, AND TERMINATING THIS CASE. Signed by Judge Thomas M. Rose on 7-30-2020. (de)
July 30, 2020 ***Civil Case Terminated - See Document #18 . (de)
July 27, 2020 Filing 17 REPLY to Response to Motion re #15 MOTION to Remand filed by Plaintiff Jenna Burton, D.O.. (Folkerth, John)
July 24, 2020 Filing 16 RESPONSE in Opposition re #15 MOTION to Remand filed by Defendants Joshua Hamilton, M.D., Kettering Adventist Healthcare, Lyndetta Schwartz, M.D., F.A.C.P.. (Pepper, Timothy)
July 13, 2020 Reset Hearings: Preliminary Pretrial Conference HAS BEEN RESET for 9/10/2020 at 9:30 AM by telephone before Judge Thomas M. Rose. Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Thomas M. Rose. The conference access code is 1916636 and the security code is 8062020. (ep)
July 3, 2020 Filing 15 MOTION to Remand by Plaintiff Jenna Burton, D.O.. (Folkerth, John)
June 29, 2020 Filing 14 AMENDED COMPLAINT SECOND against All Defendants, filed by Jenna Burton, D.O.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Folkerth, John)
June 29, 2020 Filing 13 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Jenna Burton, D.O. re #6 MOTION for Preliminary Injunction (Folkerth, John)
June 22, 2020 NOTICE: Telephone Scheduling Conference set for 6/25/2020 at 10:00 AM in before Judge Thomas M. Rose. Court will initiate the call. (ep)
June 17, 2020 Opinion or Order Filing 12 ENTRY AND ORDER DENYING PLAINTIFFS MOTION FOR TEMPORARYRESTRAINING ORDER #9 Motion for TRO. Signed by Judge Thomas M. Rose on 6/16/20. (pb)
June 16, 2020 Minute Entry for proceedings held before Judge Thomas M. Rose: Telephone Conference held on 6/15/2020. (Court Reporter: Mary Schweinhagen) (ep)
June 14, 2020 Filing 11 RESPONSE to Motion re #9 MOTION for Temporary Restraining Order filed by Defendants Joshua Hamilton, M.D., Kettering Adventist Healthcare, Lyndetta Schwartz, M.D., F.A.C.P.. (Attachments: #1 Exhibit 1 - Declaration of Lyndetta Schwartz with Exs. A-T) (Pepper, Timothy)
June 12, 2020 NOTICE of Hearing on Motion #9 MOTION for Temporary Restraining Order : Motion Hearing set for 6/15/2020 10:30 AM by telephone before Judge Thomas M. Rose. Court will initiate the call. (ep)
June 11, 2020 Filing 10 ANSWER to #4 Complaint [Answer to First Amended Complaint] filed by Joshua Hamilton, M.D., Kettering Adventist Healthcare, Lyndetta Schwartz, M.D., F.A.C.P.. (Attachments: #1 Exhibit A - Internal Memo, #2 Exhibit B - Warning Letter, #3 Exhibit C - Hamilton Memo) (Pepper, Timothy)
June 10, 2020 Filing 9 MOTION for Temporary Restraining Order by Plaintiff Jenna Burton, D.O.. (Attachments: #1 Exhibit EXHIBIT A) (Folkerth, John)
June 10, 2020 Filing 8 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Plaintiff Jenna Burton, D.O.. (Folkerth, John)
June 8, 2020 Filing 7 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction filed by Defendants Joshua Hamilton, M.D., Kettering Adventist Healthcare, Lyndetta Schwartz, M.D., F.A.C.P.. (Attachments: #1 Exhibit 1 - Declaration of Amy Hoeffler) (Pepper, Timothy)
June 5, 2020 Opinion or Order NOTATION ORDER: In light of Plaintiff's June 2, 2020 "Motion for Preliminary Injunction" #6 , Plaintiff's May 26, 2020 "Motion for Preliminary Injunction" #5 is DENIED AS MOOT. Plaintiffs June 2, 2020 "Motion for Preliminary Injunction" #6 remains pending. Signed by Judge Thomas M. Rose on 6-5-2020. (de)
June 4, 2020 Set Deadlines as to #6 MOTION for Preliminary Injunction . Responses due by 6/8/2020. Replies due by 6/10/2020. (ep)
June 4, 2020 Minute Entry for proceedings held before Judge Thomas M. Rose: Status Conference held on 6/4/2020. (Court Reporter: Mary Schweinhagen) (ep)
June 2, 2020 Filing 6 MOTION for Preliminary Injunction by Plaintiff Jenna Burton, D.O.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6) (Folkerth, John) Modified on 6/29/2020 to terminate motion(srb).
June 2, 2020 Filing 5 (Copy of)MOTION for Preliminary Injunction originally filed in Montgomery County Common Pleas Court on May 26, 2020, under case number 2020 CV 01970. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (kma)
June 2, 2020 Filing 4 (Copy of)FIRST AMENDED COMPLAINT with JURY DEMAND originally filed in Montgomery County Common Pleas Court on May 19, 2020, under case number 2020 CV 01970. (Attachments: #1 attachments to complaint) (kma)
June 2, 2020 Filing 3 NOTICE by Defendants JOSHUA HAMILTON, M.D., Kettering Adventist Healthcare, LYNDETTA SCHWARTZ, M.D. of the filing of Removal Notice in Montgomery County Court of Common Pleas (Attachments: #1 Exhibit A - (Part 1) Filing of Removal Notice in Montgomery County, #2 Exhibit A - (Part 2) Filing of Removal Notice in Montgomery County) (Pepper, Timothy)
June 2, 2020 Filing 2 Corporate Disclosure Statement by Defendant Kettering Adventist Healthcare. (Pepper, Timothy)
June 2, 2020 Filing 1 NOTICE OF REMOVAL from Montgomery County Court of Common Pleas, case number 2020 CV 01970 ( Filing fee $ 400 paid - receipt number: 0648-7490198), filed by Kettering Adventist Healthcare, JOSHUA HAMILTON, M.D., LYNDETTA SCHWARTZ, M.D.. (Attachments: #1 Exhibit A- FILINGS FROM MONTGOMERY COUNTY COMMON PLEAS, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet) (Pepper, Timothy)
June 2, 2020 Notice: If case is to be referred it will be assigned to Magistrate Judge Sharon L. Ovington. (kma)

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Defendant: Lyndetta Schwartz, M.D., F.A.C.P.
Represented By: Zachary S. Arnold
Represented By: Timothy G Pepper
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Defendant: Kettering Adventist Healthcare
Represented By: Zachary S. Arnold
Represented By: Timothy G Pepper
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Defendant: Joshua Hamilton, M.D.
Represented By: Zachary S. Arnold
Represented By: Timothy G Pepper
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Plaintiff: Jenna Burton, D.O.
Represented By: John Randolph Folkerth, Jr.
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