DAVINSIZER et al v. BARTKOWIAK et al
| NANCY J. DAVINSIZER and DANIEL R. DAVINSIZER |
| UPMC ALTOONA BLAIR MEDICAL ASSOCIATES, BLAIR MEDICAL ASSOCIATES, INC., BLAIR MEDICAL ASSOCIATES, ANTHONY J. BARTKOWIAK, JR. and UPMC ALTOONA REGIONAL HEALTH SERVICES, INC. |
| 3:2019cv00153 |
| September 25, 2019 |
| US District Court for the Western District of Pennsylvania |
| Kim R Gibson |
| Stephanie L Haines |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1391 Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER re #37 Stipulation to Discontinue With Prejudice filed by NANCY J. DAVINSIZER, DANIEL R. DAVINSIZER - It is hereby stipulated and agreed that this action is hereby dismissed, with prejudice, against all Defendants. IT IS SO ORDERED, Signed by Judge Stephanie L. Haines on 10/21/2020. (dlg)
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| Filing 37 STIPULATION to Discontinue with Prejudice by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Guerrini, Dominic) |
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Filing 36
ORDER OF COURT - Upon the Court having been advised by counsel that settlement has been reached in principle and with no further action being required by the Court at this time, the following order is entered: IT IS ORDERED that the Clerk shall remove this case from the docket for administrative purposes, and as more fully stated in said Order of Court. Signed by Judge Stephanie L. Haines on 8/27/2020. (dlg)
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| Filing 35 Notice of Mediation by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. Mediation Date 8/27/20 at 10:00 a.m. (Guerrini, Dominic) |
| Filing 34 Minute Entry for proceedings held before Judge Stephanie L. Haines: Judge Haines asked counsel for the parties to state a summary of the status of discovery in the case. Counsel stated that the depositions of Plaintiff's wife and daughters still needed to be taken and there was discussion of the issues involved with those depositions occurring in person. Defendants also indicated they had requested updated medical records. The parties stated that mediation in the case was scheduled for August 27, 2020 with John Noble. The Court proposed setting a status conference following the mediation, and counsel agreed with that proposal. The Court indicated that the proposed final scheduling order's dates were acceptable, and the Court would be entering that order. Post-Discovery Status Conference held on 6/8/2020. (Court Reporter: Jane Proud) (sas) |
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Filing 33
FINAL SCHEDULING ORDER: It is hereby Ordered that compliance with the provisions of Local Rule 16.1.B.3 shall be completed as follows: The parties shall file motions for summary judgment, if appropriate, on or before 9/1/2020. The nonmoving party's response to the motion for summary judgment is due on 10/1/2020. No further briefing is allowed without leave of Court. Plaintiffs' Pretrial Narrative Statement shall be filed by 12/11/2020. Defendants' Pretrial Narrative Statement shall be filed by 12/11/2020. The parties shall file any motions in limine, proposed points for charge and proposed voir dire no later than 12/11/2020. The nonmoving party's response to any motions in limine shall be due no later than 12/31/2020. No motions in limine will be entertained by the Court prior to 12/4/2020. The Court will conduct a Pretrial Conference on 12/15/2020, at 2:00 p.m. The case shall presumptively be called for trial on 1/11/2021, at 9:00 a.m., and as more fully stated in said Final Scheduling Order. Signed by Judge Stephanie L. Haines on 6/8/2020. (dlg)
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| Status Conference set for 9/22/2020 02:00 PM in Courtroom B - Johnstown before Judge Stephanie L. Haines. Signed by Judge Stephanie L. Haines on 6/8/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas) |
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Filing 32
ORDER indicating that as provided by the Court's 5/29/20 31 Order, the upcoming6/8/20 Post-Discovery Status Conference will be conducted entirely by video. The Court furtherorders details regarding Zoom participation in said conference (more fully stated insaid Order). Counsel will be emailed a link to access the Zoom "meeting room". Signed by Judge Stephanie L. Haines on 5/29/20. (sas)
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Filing 31
ORDER indicating that the Post-Discovery Conference set for 6/8/20 at 1:00 p.m. is re-scheduled to be conducted via videoconference on said date and time. More specific information regarding the videoconferencing instructions and parameters of attendance will be forthcoming. Signed by Judge Stephanie L. Haines on 5/29/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas)
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| Filing 30 Proposed scheduling Order by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Guerrini, Dominic) |
| FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) |
| Filing 29 REPORT of Rule 26(f) Planning Meeting. (Polin, Mark) |
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Filing 28
INITIAL SCHEDULING ORDER: Amended Pleadings due by 2/1/2020; Joinder of Parties due by 2/1/2020. All Fact Discovery due by 5/1/2020; Expert Discovery to be completed by 10/1/2020; Expert Depositions to be completed by 10/1/2020. A Post-Discovery Status Conference is set for 6/8/2020 at 1:00 PM in Courtroom A - Johnstown before Judge Stephanie L. Haines, and as more fully stated in said Initial Scheduling Order. Signed by Judge Stephanie L. Haines on 1/8/2020. (dlg)
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Filing 27
TEXT ORDER - Upon review of the parties' Stipulation to ADR, the parties are directed to advise the Court of the Mediation Date when it is scheduled. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. Signed by Judge Stephanie L. Haines on 1/8/2020. (dlg)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #24 Stipulation Selecting ADR process. ERROR: Wrong version of form used for filing. CORRECTION: Counsel is advised the Stipulation Selecting ADR form has been updated. Dispose of all previous versions of the Stipulation and begin using the amended form, with the revision date 4/2017. This message is for informational purposes only. (jv) |
| Filing 26 Proposed Initial Scheduling Order REVISED by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Polin, Mark) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Polin, Mark) |
| Filing 24 STIPULATION selecting ADR process by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Polin, Mark) |
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Filing 23
ORDER OF COURT - Pursuant to the Initial Rule 16 Case Management Conference held on this day, IT IS HEREBY ORDERED that the parties shall file an Amended Proposed Scheduling Order within seven (7) days from the date of this order. Signed by Judge Stephanie L. Haines on 1/3/2020. (dlg)
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| Filing 22 Minute Entry for proceedings held before Judge Stephanie L. Haines: An Initial Rule 16 Case Management Conference was held on 1/3/2020. Judge Haines asked counsel for the parties to state a summary of their respective positions of the case. The parties stated their respective positions. Counsel indicated they would reach an agreement as to the choice of neutral and would then obtain a date for the mediation to occur. The parties also stated the current status of discovery, including the status of depositions, written discovery, and document production. The Court requested that the parties file an Amended Proposed Initial Scheduling Order to set forth more concise deadlines for the close of fact discovery and the close of expert discovery. An appropriate order will follow. (Court Reporter: None) (dlg) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #19 Stipulation Selecting ADR process. ERROR: Outdated Form Used. CORRECTION: Counsel is advised the Stipulation Selecting ADR form has been updated. Dispose of all previous versions of the Stipulation and begin using the amended form, with the revision date 4/2017. This message is for informational purposes only. (cjo) |
| Filing 21 Proposed Initial Scheduling Order by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Guerrini, Dominic) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Guerrini, Dominic) |
| Filing 19 STIPULATION selecting ADR process by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Guerrini, Dominic) |
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Filing 18
ORDER OF COURT: Pursuant to Local Rule 16.1 and 16.2, an Initial Rule 16 Case Management Conference shall be held on 1/3/2020, at 11:30 a.m. Trial counsel and all unrepresented parties shall be available for the conference. The Court has no objection to telephone conferences for the Initial Case Management Conference. However, if a telephone conference is preferred, please contact chambers at least 2 days prior to the scheduled conference to request to attend by telephone. It will be the responsibility of counsel to coordinate the call to the Judge's Chambers, and as more fully stated in said Order of Court. Signed by Judge Stephanie L. Haines on 12/9/2019. (Attachments: #1 Exhibit "A'" - Stipulation Selecting ADR Process, #2 Exhibit "B" - Fed.R.Civ.P. 26(f) Report, #3 Exhibit "C" - Initial Scheduling Order). (dlg)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Report of Rule 26(f) Planning Meeting. ERROR: Document is discovery and does not get filed. CORRECTION: Document removed from public view. This message is for informational purposes only. (nll) |
| Filing 17 REPORT of Rule 26(f) Planning Meeting. (Hartye, Frank) Document removed from public view. Modified text on 12/6/2019. (nll) |
| Filing 16 Disclosure Statement identifying None as corporate parent or other affiliate, by BLAIR MEDICAL ASSOCIATES, BLAIR MEDICAL ASSOCIATES, INC., UPMC ALTOONA BLAIR MEDICAL ASSOCIATES, UPMC ALTOONA REGIONAL HEALTH SERVICES, INC.. (Hartye, Frank) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Answer to Amended Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 12/3/2019. (mao) |
| Filing 15 ANSWER to #8 Amended Complaint, by BLAIR MEDICAL ASSOCIATES, BLAIR MEDICAL ASSOCIATES, INC., UPMC ALTOONA BLAIR MEDICAL ASSOCIATES, UPMC ALTOONA REGIONAL HEALTH SERVICES, INC.. (Hartye, Frank) |
| Filing 14 ANSWER to #8 Amended Complaint, and Affirmative Defenses by ANTHONY J. BARTKOWIAK, JR. (Chmiel, David) |
| Filing 13 WAIVER OF SERVICE Returned Executed by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. UPMC ALTOONA BLAIR MEDICAL ASSOCIATES waiver sent on 9/27/2019, answer due 11/26/2019. (Guerrini, Dominic) |
| Filing 12 WAIVER OF SERVICE Returned Executed by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. UPMC ALTOONA REGIONAL HEALTH SERVICES, INC. waiver sent on 9/27/2019, answer due 11/26/2019. (Guerrini, Dominic) |
| Filing 11 WAIVER OF SERVICE Returned Executed by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. BLAIR MEDICAL ASSOCIATES, INC. waiver sent on 9/27/2019, answer due 11/26/2019. (Guerrini, Dominic) |
| Filing 10 WAIVER OF SERVICE Returned Executed by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. BLAIR MEDICAL ASSOCIATES waiver sent on 9/27/2019, answer due 11/26/2019. (Guerrini, Dominic) |
| Filing 9 NOTICE of Appearance by Mark S. Polin on behalf of DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Polin, Mark) |
| Filing 8 First AMENDED COMPLAINT against ANTHONY J. BARTKOWIAK, JR, BLAIR MEDICAL ASSOCIATES, BLAIR MEDICAL ASSOCIATES, INC., UPMC ALTOONA BLAIR MEDICAL ASSOCIATES, UPMC ALTOONA REGIONAL HEALTH SERVICES, INC., filed by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Attachments: #1 Exhibit A) (Guerrini, Dominic) |
| Filing 7 WAIVER OF SERVICE Returned Executed by DANIEL R. DAVINSIZER. ANTHONY J. BARTKOWIAK, JR waiver sent on 9/27/2019, answer due 11/26/2019. (Guerrini, Dominic) |
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to Judge Stephanie L. Haines for all further proceedings. Judge Kim R. Gibson no longer assigned to case. Signed by Chief Judge Mark R. Hornak on 10/23/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
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| Filing 5 NOTICE of Appearance by David M. Chmiel on behalf of ANTHONY J. BARTKOWIAK, JR. (Chmiel, David) |
| Filing 4 NOTICE of Appearance by Frank J. Hartye on behalf of ANTHONY J. BARTKOWIAK, JR, BLAIR MEDICAL ASSOCIATES, BLAIR MEDICAL ASSOCIATES, INC., UPMC ALTOONA BLAIR MEDICAL ASSOCIATES, UPMC ALTOONA REGIONAL HEALTH SERVICES, INC. (Hartye, Frank) |
| Filing 3 NOTICE that the 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 (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (krh) |
| Filing 2 NOTICE of Appearance by Dominic C. Guerrini on behalf of DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Guerrini, Dominic) |
| Filing 1 COMPLAINT against ANTHONY J. BARTKOWIAK, JR, BLAIR MEDICAL ASSOCIATES, BLAIR MEDICAL ASSOCIATES, INC., UPMC ALTOONA BLAIR MEDICAL ASSOCIATES, UPMC ALTOONA REGIONAL HEALTH SERVICES, INC. (Filing fee, including Administrative fee, $400, receipt number 0315-5295786), filed by DANIEL R. DAVINSIZER, NANCY J. DAVINSIZER. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (jm) |
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