MCCLINTON et al v. VISIONWORKS, INC. et al
| RICHARD D. MCCLINTON and CHRISTINA MCCLINTON |
| VISIONWORKS, INC. doing business as VISIONWORKS and JEFFREY DUNCAN, O.D. |
| 2:2023cv00674 |
| April 25, 2023 |
| US District Court for the Western District of Pennsylvania |
| W Scott Hardy |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Notice of Removal-Medical Malpractice |
| Both |
Docket Report
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Filing 15
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge W. Scott Hardy on 6/5/2023. (kas)
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Filing 14
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 6/5/2023; Amended Pleadings and/or Joinder of Parties due by 7/31/2023; Fact Discovery to be completed by 3/15/2024. Expert Discovery to be completed by 7/15/2024; Plaintiffs' Expert Reports due by 4/15/2024; Plaintiffs' Expert Depositions to be completed by 5/15/2024; Defendants' Expert Reports due by 6/14/2024; Defendants' Expert Depositions to be completed by 7/15/2024. A Telephonic Status Conference is set for 11/13/2023 at 11:00 AM and a Telephonic Post-Discovery Status Conference is set for 3/25/2024 at 11:00 AM before Judge W. Scott Hardy. AT&T conferencing information can be found at Docket No. #11 for all telephonic conferences held before Judge Hardy. See Order for further details. Signed by Judge W. Scott Hardy on 6/5/2023. (kas)
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| Filing 13 Minute Entry for proceedings held before Judge W. Scott Hardy: Initial Case Management Conference held on 6/5/2023. (Court Reporter: None) (kas) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Shear, Brett) |
| Filing 11 NOTICE - AT&T CONFERENCING INFORMATION FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted before Judge W. Scott Hardy will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled, you will be instructed to refer back to this document. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (dms) |
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Filing 10
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER:A telephonic Initial Case Management Conference is set for Monday, June 5, 2023, at 11:00 AM before Judge W. Scott Hardy. The Parties' Rule 26(f) Meeting Report and Stipulation Selecting an ADR Process and Neutral are due on or before May 30, 2023. AT&T Conferencing Information for all telephonic conferences held before Judge Hardy can be found at Docket No. #11 . See attached Order for further details. Signed by Judge W. Scott Hardy on 05/10/2023. (dms)
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| Filing 9 ANSWER to Complaint by JEFFREY DUNCAN, OD, VISIONWORKS, INC.. (Shear, Brett) |
| Filing 8 Disclosure Statement identifying None as corporate parent or other affiliate, by VISIONWORKS, INC. (Shear, Brett) Modified text on 4/28/2023. (kss) |
| Filing 7 CERTIFICATE of Merit as to Defendant, Visionworks, Inc. d/b/a Visionworks by Peter D. Giglione on behalf of CHRISTINA MCCLINTON, RICHARD D. MCCLINTON (Giglione, Peter) |
| Filing 6 CERTIFICATE of Merit as to Defendant, Jeffrey Duncan, O.D. by Peter D. Giglione on behalf of CHRISTINA MCCLINTON, RICHARD D. MCCLINTON (Giglione, Peter) |
| Filing 5 NOTICE of Appearance by Peter D. Giglione on behalf of CHRISTINA MCCLINTON, RICHARD D. MCCLINTON. (Giglione, Peter) |
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Filing 3
ORDER on Motions Pursuant to Federal Rule of Civil Procedure 12(b). See attached Order for details. Signed by Judge W. Scott Hardy on 04/25/2023. (dms)
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| Filing 2 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. The Parties are directed to fully complete the required 26(f) report, which includes the Stipulation of Selecting an ADR process and Neutral. Counsel for Plaintiff(s) (or in the case of a removal action, counsel for removing Defendant(s)) shall make service of the notice on all parties. (dms) |
| Filing 1 NOTICE OF REMOVAL from Beaver County, case number 2023-10479 Copies attached: Acceptance of Service, Complaint, Exhibits, Notice of Filing Notice of Removal, Civil Case Detail Report, Initial Case Management Order (Filing fee, including Administrative fee, $402, receipt number APAWDC-7656081), filed by VISIONWORKS, INC., JEFFREY DUNCAN, O.D. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Certificate of Service) (kss) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 5/2/2023. (kss) |
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