Todorovic Clemente v. ROSSETTI et al
| Jelena Luke Todorovic Clemente |
| JAMES ROSSETTI, ANNA KOGET, UNIVERSITY OF PITTSBURGH PHYSICIANS doing business as UPMC SHADYSIDE, UPMC PRESBYTERIAN SHADYSIDE doing business as UPMC SHADYSIDE and ALLEGHENY CLINIC doing business as ALLEGHENY HEALTH NETWORK CANCER INSTITUTE WEST PENN HOSPITAL |
| 2:2024cv00059 |
| January 16, 2024 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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| Document Text |
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| Filing 43 SUPPLEMENT by Jelena Luke Todorovic Clemente to #1 Complaint,,. (Todorovic Clemente, Jelena) |
| Filing 42 SUPPLEMENT by Jelena Luke Todorovic Clemente to #1 Complaint,,. (Todorovic Clemente, Jelena) |
| Filing 41 SUPPLEMENT by Jelena Luke Todorovic Clemente to #1 Complaint,,. (Todorovic Clemente, Jelena) |
| Filing 40 SUPPLEMENT by Jelena Luke Todorovic Clemente to #1 Complaint,,. (Todorovic Clemente, Jelena) |
| Filing 39 SUPPLEMENT by Jelena Luke Todorovic Clemente to #1 Complaint,,. (Todorovic Clemente, Jelena) |
| Filing 38 Errata re #37 by ALLEGHENY CLINIC, ANNA KOGET. Reason for Correction: Signature on document and filer did not match. (Selep, Abby) Modified text on 3/6/2024. (rtm) |
| Filing 37 NOTICE of Intent to Enter Judgment for Failure to File an Appropriate Written Statement by ALLEGHENY CLINIC, ANNA KOGET (Selep, Abby) Document restricted on the public docket and refiled correctly at #38 Errata. Modified text on 3/6/2024. (rtm) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #37 Notice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (bjr) |
| Filing 36 NOTICE of Intent to Enter Judgment for Failure to File an Appropriate Written Statement by JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE (Cullen, Kelly) |
| Filing 35 MICROSOFT TEAMS AUDIO CONFERENCING SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES - Every telephonic conference conducted will be via a Microsoft Teams Audio Conferencing call-in number which requires participants to dial-in and provide a conference ID. When a Telephonic Conference is scheduled, you will be instructed to refer back to this notice. This document has a security setting of Case Participants Only, so only those individuals will have access to view the document. (bjw) |
Filing 34
ORDER re #33 Motion for Extension of Time to Respond to Plaintiff's Complaint by Defendants ALLEGHENY CLINIC and ANNA KOGET. On 1/23/2024, service was executed as to ALLEGHENY CLINIC, and a deadline to answer Plaintiff's Complaint was set for 2/13/2024. ECF No. 11. On 2/9/2024, service as to Ms. KOGET was executed, and a deadline to answer was set for 3/1/2024. ECF No. 32. Now, Defendants ALLEGHENY CLINIC and Ms. KOGET request a 60-day extension of the answer deadline so as to respond concurrently. ECF No. 30. Given Defendant's representation that the issues in this case are substantially intertwined as to the different Defendants, and that Plaintiff consents to the Motion, the Court will GRANT Defendants' request. Therefore, IT IS HEREBY ORDERED that Defendants Ms. KOGET and ALLEGHENY CLINIC shall file an answer or responsive pleading to Plaintiff's #1 Complaint on or before 4/12/2024. Signed by Judge Christy Criswell Wiegand on 2/13/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 33 MOTION for Extension of Time to File Response/Reply as to #1 Complaint,, by ALLEGHENY CLINIC, ANNA KOGET. (Attachments: #1 Proposed Order) (Zivkovic, Jason) |
| Filing 32 SUMMONS/Return of Service Returned Executed by Jelena Luke Todorovic Clemente. ANNA KOGET served on 2/9/2024, answer due 3/1/2024. (Attachments: #1 Exhibit Summons_Koget) (Todorovic Clemente, Jelena) |
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Filing 31
ORDER DENYING #30 Motion for Extension of Time to Respond to Plaintiff's Complaint by Defendant ALLEGHENY CLINIC. On 2/9/2024, ALLEGHENY CLINIC requested a 60-day extension of its answer deadline so as to respond concurrently with Ms. KOGET. ECF No. 30. Per this Court's practices and procedures (available at https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Practices_Procedures.pdf), the parties are required to meet and confer before filing any motion. Because ALLEGHENY CLINIC does not represent that it has met and conferred with Plaintiff, IT IS HEREBY ORDERED that the #30 Motion for Extension of Time is DENIED WITHOUT PREJUDICE. Signed by Judge Christy Criswell Wiegand on 2/9/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 30 MOTION for Extension of Time to File Response/Reply as to #1 Complaint,, by ALLEGHENY CLINIC, ANNA KOGET. (Attachments: #1 Proposed Order) (Zivkovic, Jason) |
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Filing 29
ORDER. The undersigned advises the parties that her sister is an orthopedic surgeon in a practice group within the Allegheny Health Network, who performs procedures primarily at Jefferson Hospital. The undersigned believes she can remain fair and impartial in presiding over this case. However, if any party objects to the undersigned presiding, such party shall file a recusal motion on or before 2/21/24. Signed by Judge Christy Criswell Wiegand on 2/9/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 28 Summons Issued as to ANNA KOGET (jd) |
| Filing 27 Disclosure Statement identifying Allegheny Clinic as corporate parent or other affiliate by ALLEGHENY CLINIC. (Zivkovic, Jason) |
| Filing 26 PRAECIPE to Reissue Summons by Jelena Luke Todorovic Clemente (Attachments: #1 Summons Reissued_Koget, #2 Exhibit Address_Corrected_Koget) (Todorovic Clemente, Jelena) |
| Filing 25 SUMMONS/Return of Service Returned Executed by Jelena Luke Todorovic Clemente. JAMES ROSSETTI served on 2/1/2024, answer due 2/22/2024. (Attachments: #1 Exhibit Affidavit_of_Service_Rossetti) (Todorovic Clemente, Jelena) |
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Filing 24
ORDER GRANTING #20 Motion for Extension of Time to Respond to Plaintiff's Complaint by Defendants JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, and UPMC PRESBYTERIAN SHADYSIDE. On 1/16/2024, Plaintiff filed her Complaint against four defendants: JAMES ROSSETTI, ANNA KOGET, UNIVERSITY OF PITTSBURGH PHYSICIANS, and UPMC PRESBYTERIAN SHADYSIDE. See ECF No. 1. On 1/17/2024, summons were issued to all four Defendants, see ECF No. 2, but service as to Ms. KOGET has not been executed, see ECF No. 16. On 1/23/2024, service was executed as to ALLEGHENY CLINIC, and a deadline to answer was set for 2/13/2024. ECF No. 11. On 1/24/2024, service was executed as to UPITT PHYSICIANS and UPMC, and a deadline to answer was set for 2/14/2024. ECF Nos. 9, 10. Service as to Mr. ROSSETTI has not yet been executed, see ECF No. 18, and Defendants' Motion states that Mr. ROSSETTI offered to waive service but Plaintiff declined to accept the waiver, see ECF No. 20. Now, Defendants UPITT PHYSICIANS and UPMC request a 60-day extension of their answer deadline so as to respond concurrently with Mr. ROSSETTI. ECF No. 20. Given Defendants' representation that the issues in this case are substantially intertwined as to the different Defendants, and that Plaintiff consents to an extension, the Court will GRANT Defendants' request. Therefore, IT IS HEREBY ORDERED that Defendants Mr. ROSSETTI, UPITT PHYSICIANS, and UPMC shall file an answer to Plaintiff's #1 Complaint on or before 4/8/2024. Signed by Judge Christy Criswell Wiegand on 2/7/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 23 NOTICE of Appearance by Abby Kristine Hahn on behalf of ALLEGHENY CLINIC, ANNA KOGET. (Hahn, Abby) |
| Filing 22 Disclosure Statement, declaring citizenship by ALLEGHENY CLINIC, ANNA KOGET. (Zivkovic, Jason) |
| Filing 21 NOTICE of Appearance by Jason J. Zivkovic on behalf of ALLEGHENY CLINIC, ANNA KOGET. (Zivkovic, Jason) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #22 Disclosure Statement. 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. 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)). CORPORATE Disclosure Statement due by 2/14/2024. (jd) |
| Filing 20 First MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Jelena Luke Todorovic Clemente by JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE. (Attachments: #1 Proposed Order) (Cullen, Kelly) |
| Filing 19 Summons Reissued as to JAMES ROSSETTI (jd) |
| Filing 18 PRAECIPE to Reissue Summons by Jelena Luke Todorovic Clemente (Attachments: #1 Summons Reissued_Rossetti) (Todorovic Clemente, Jelena) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Praecipe to Reissue Summons. ERROR: No PROPOSED SUMMONS ATTACHED CORRECTION: Filer to refile the document "Praecipe to Reissue Summons' as the main document and the properly filled out summons(es) as an attachment(s) to the Praecipe, using the Praecipe to Issue Summons/Reissue Summons event. (jd) |
| Filing 17 PRAECIPE to Reissue Summons by Jelena Luke Todorovic Clemente (Todorovic Clemente, Jelena) |
| Filing 16 Summons/Return of Service Returned Unexecuted by Jelena Luke Todorovic Clemente as to ANNA KOGET. (Attachments: #1 Exhibit Affidavit_of_Nonservice_Koget) (Todorovic Clemente, Jelena) |
| Filing 15 Disclosure Statement, declaring citizenship by JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE. (Cullen, Kelly) |
| Filing 14 Disclosure Statement identifying UPMC as corporate parent or other affiliate by UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE. (Cullen, Kelly) |
| Filing 13 NOTICE of Appearance by Jeffrey J. Wetzel on behalf of JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE. (Wetzel, Jeffrey) |
| Filing 12 NOTICE of Appearance by Kelly B. Cullen on behalf of JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE. (Cullen, Kelly) |
| Filing 11 SUMMONS/Return of Service Returned Executed by Jelena Luke Todorovic Clemente. ALLEGHENY CLINIC served on 1/23/2024, answer due 2/13/2024. (Attachments: #1 Receipt Returned Service for Allegheny) (Todorovic Clemente, Jelena) Modified text on 1/29/2024, to correct date served and answer deadline (jd) |
| Update Answer Deadline: Answer due from ALLEGHENY CLINIC on 2/13/2024 (jd) |
| Filing 10 SUMMONS/Return of Service Returned Executed by Jelena Luke Todorovic Clemente. UPMC PRESBYTERIAN SHADYSIDE served on 1/24/2024, answer due 2/14/2024. (Attachments: #1 Exhibit) (jd) |
| Filing 9 SUMMONS/Return of Service Returned Executed by Jelena Luke Todorovic Clemente. UNIVERSITY OF PITTSBURGH PHYSICIANS served on 1/24/2024, answer due 2/14/2024. (Attachments: #1 Exhibit) (jd) |
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Filing 6
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 1/19/2024. (drc)
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| Filing 5 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. (drc) |
| Filing 4 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by Jelena Luke Todorovic Clemente. (Attachments: #1 Supplement Disclosure_Per_7_1_Allegheny) (Todorovic Clemente, Jelena) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #3 Disclosure Statement, #4 Disclosure Statement. ERROR: Filer attaching documents on behalf of opposing parties. CORRECTION: Filer advised that they are only responsible to file their OWN disclosures and not on behalf of opposing parties. This message is for informational purposes only. (jd) |
| Filing 3 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by Jelena Luke Todorovic Clemente. (Attachments: #1 Supplement Disclosure_Per_7_1_Clemente, #2 Supplement Disclosure_Per_7_1_Estate, #3 Supplement Disclosure_Per_7_1_Koget, #4 Supplement Disclosure_Per_7_1_Rossetti, #5 Supplement Disclosure_Per_7_1_UPMC1, #6 Supplement Disclosure_Per_7_1_UPMC2, #7 Exhibit Disclosure_Per_7_1_Exhibits) (Todorovic Clemente, Jelena) |
| Filing 2 Summons Issued as to ALLEGHENY CLINIC, ANNA KOGET, JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (jd) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint,,. ERROR: Party did not file disclosure statement 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 1/24/2024. (jd) |
| Filing 1 COMPLAINT against ALLEGHENY CLINIC, ANNA KOGET, JAMES ROSSETTI, UNIVERSITY OF PITTSBURGH PHYSICIANS, UPMC PRESBYTERIAN SHADYSIDE (Filing fee, including Administrative fee, $405, receipt number APAWDC-8068955), filed by Jelena Luke Todorovic Clemente. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Certificate of Merit - Koget, #3 Exhibit Certificate of Merit - Rossetti, #4 Exhibit Certificate of Merit -University Physicians, #5 Exhibit Certificate of Merit - Shadyside, #6 Exhibit Certificate of Merit - Allegheny Clinic, #7 Exhibit Short Certificate, #8 Exhibit Death Certificate) (jd) |
| Judge Christy Criswell Wiegand added. (jd) |
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