Mesa et al v. Enloe Medical Center
| Robert Caldwell and Linda Mesa |
| Enloe Medical Center and Blackbaud Inc |
| 3:2021cv01872 |
| June 17, 2021 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 12, 2021. A more recent docket listing may be available from PACER.
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Filing 40
ORDER AND OPINION granting in part and denying in part (110) Motion to Dismiss in case 3:20-mn-02972-JMC. Signed by Honorable J Michelle Childs on 8/12/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
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| Filing 39 NOTICE of Hearing on Motion to Dismiss for Failure to State a Claim with Status Conference immediately following set for 9/2/2021 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J. Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 38 CASE MANAGEMENT ORDER NO. 10 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 5). This Order relates to all actions. Signed by Honorable J Michelle Childs on 7/21/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 37 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 7/20/2021, Motion Hearing held on 7/20/2021 re (110 in 3:20-mn-02972-JMC) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Blackbaud Inc, Court Reporter Carly Horenkamp. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
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Filing 36
ORDER REGARDING REVISED SCHEDULING ORDER. Signed by Honorable J Michelle Childs on 7/14/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
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| Filing 35 NOTICE OF RESCHEDULED HEARING set for 7/20/2021 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. cancelled and rescheduled to: Hearing on Statutory Claim Motion to Dismiss with Status Conference immediately following set for 7/20/2021 09:30 AM in Columbia #1, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference to follow. ***PLEASE NOTE THIS IS A COURTROOM LOCATION CHANGE ONLY***(asni, ) |
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Filing 33
ORDER AND OPINION denying (92) Motion to Dismiss for Lack of Subject Matter Jurisdiction in case 3:20-mn-02972-JMC Signed by Honorable J Michelle Childs on 7/1/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
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| Filing 32 TEXT ORDER: This matter is before the court to address the posture of the actions against the non-Blackbaud defendants. Currently, the litigation against Defendant Blackbaud, Inc. ("Blackbaud") is proceeding with phased briefing and discovery as outlined in Case Management Order No. 7C (ECF No. 78) while the actions against non-Blackbaud defendants are stayed until July 29, 2021 (ECF No. 94 at 1). After considering the parties' proposals for consolidation and scheduling in the actions against the non-Blackbaud Defendants (ECF Nos. 104; 105; 106; 107; 108), the court STAYS all actions against non-Blackbaud defendants until the court resolves Blackbaud's Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 92), Motion to Dismiss Certain Statutory Claims (ECF No. 110), and forthcoming Motion to Dismiss Select Common Law Claims (see ECF No. 78 at 2-3). Because the liability of the non-Blackbaud defendants may be derivative of Blackbaud's liability, the court's rulings in the first phase of litigation against Blackbaud may clarify the issues in the actions against the non-Blackbaud defendants. This decision reflects the court's pronounced desire to promote judicial economy by efficiently streamlining the litigation and avoiding unnecessary duplication of efforts and resources. Signed by Honorable J Michelle Childs on 6/28/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) |
| Filing 31 NOTICE TO COUNSEL REGARDING FILING PREFERENCES (asni, ) |
| Filing 30 MDL MEMBER CASE OPENED: Eastern District of California, 2:20-02483, Mesa et al V. Enloe Medical Center, as DSC case 3:21-01872-JMC (asni, ) |
| Filing 29 Case transferred in from District of California Eastern; Case Number 2:20-cv-02483. Original file certified copy of transfer order and docket sheet received. |
| Filing 28 MDL ORDER. CASE TRANSFERRED to District of South Carolina. Electronic Records Sent. CASE CLOSED. (Donati, J) [Transferred from California Eastern on 6/21/2021.] |
| Filing 27 ANSWER by Enloe Medical Center.(Monagle, James) [Transferred from California Eastern on 6/21/2021.] |
| Filing 26 MINUTE ORDER: On 4/27/2021, Defendant filed a Motion to Dismiss. See ECF No. #22 . On 5/18/2021, Plaintiffs filed a Second Amended Complaint. See ECF No. #25 . See also Fed. R. Civ. P. 15(a)(1)(B). Accordingly, Defendant's pending Motion to Dismiss is DENIED AS MOOT. The hearing on the motion, set for 6/22/2021, is VACATED. Defendant's responsive pleading to the second amended complaint is due within twenty (20) days of the date of this order. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Michel, G.) [Transferred from California Eastern on 6/21/2021.] |
| Filing 25 SECOND AMENDED COMPLAINT against Enloe Medical Center by Linda Mesa, Robert Caldwell.(Kazerounian, Seyed) [Transferred from California Eastern on 6/21/2021.] |
| Filing 24 MINUTE ORDER: The parties are ORDERED to file an updated Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26, in accordance with Local Rule 240 and the Court's Order Requiring Service of Process and Joint Status Report, within 30 days of the Court's ruling on Defendant's pending #22 Motion to Dismiss. [TEXT ENTRY ONLY] (Michel, G.) [Transferred from California Eastern on 6/21/2021.] |
| Filing 23 JOINT STATUS REPORT by Robert Caldwell, Linda Mesa. (Amini, Mona) [Transferred from California Eastern on 6/21/2021.] |
| Filing 22 MOTION to DISMISS by Enloe Medical Center. Motion Hearing set for 6/22/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Monagle, James) Modified on 4/28/2021 (Kastilahn, A). [Transferred from California Eastern on 6/21/2021.] |
| Filing 21 MINUTE ORDER: The parties are ORDERED to file a Joint Status Report pursuant to the provisions of Fed. R. Civ. P. 16 and 26, in accordance with the Court's Order Requiring Service of Process and Joint Status Report, within fourteen (14) days. [TEXT ONLY ENTRY] (Michel, G.) [Transferred from California Eastern on 6/21/2021.] |
| Filing 20 FIRST AMENDED COMPLAINT against Enloe Medical Center by Linda Mesa, Robert Caldwell.(Kazerounian, Seyed) [Transferred from California Eastern on 6/21/2021.] |
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Filing 19
ORDER signed by District Judge John A. Mendez on 3/29/2021 DENYING #13 Motion to Remand this case to the Sacramento County Superior Court. (Coll, A) [Transferred from California Eastern on 6/21/2021.]
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| Filing 18 MINUTE ORDER: The motion now calendared for 3/23/2021 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). Accordingly, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) [Transferred from California Eastern on 6/21/2021.] |
| Filing 17 REPLY by Robert Caldwell, Linda Mesa in support of #13 Motion to Remand. (Amini, Mona) [Transferred from California Eastern on 6/21/2021.] |
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Filing 16
ORDER signed by District Judge John A. Mendez on 3/11/21 ORDERING that Plaintiffs may file an amended complaint within seven days of the Court's ruling on Plaintiffs' Motion for Remand. Defendant Enloe Medical Center will have 21 days after Plaintiffs' amended complaint is filed to file its responsive pleading. (Kaminski, H) [Transferred from California Eastern on 6/21/2021.]
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| Filing 15 STIPULATION and PROPOSED ORDER for Leave to Allow Plaintiffs to File First Amended Complaint and to Extend Time for Defendant Enloe Medical Center to Respond to Complaint by Robert Caldwell, Linda Mesa. (Amini, Mona) [Transferred from California Eastern on 6/21/2021.] |
| Filing 14 OPPOSITION by Enloe Medical Center to #13 Motion to Remand. (Monagle, James) [Transferred from California Eastern on 6/21/2021.] |
| Filing 13 MOTION to REMAND by Robert Caldwell, Linda Mesa. Motion Hearing SET for 3/23/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Memorandum, #2 Proposed Order)(Amini, Mona) Modified on 2/5/2021 (Mena-Sanchez, L). [Transferred from California Eastern on 6/21/2021.] |
| Filing 12 NOTICE of APPEARANCE by Mona Amini on behalf of Robert Caldwell, Linda Mesa. Attorney Amini, Mona added. (Amini, Mona) [Transferred from California Eastern on 6/21/2021.] |
| Filing 11 NOTICE of APPEARANCE by Seyed Abbas Kazerounian on behalf of Robert Caldwell, Linda Mesa. Attorney Kazerounian, Seyed Abbas added. (Kazerounian, Seyed) [Transferred from California Eastern on 6/21/2021.] |
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Filing 10
ORDER signed by District Judge John A. Mendez on 2/1/2021 GRANTING plaintiffs until 2/22/2021 to file an Amended Complaint with Defendant Enloe Medical Center's Response due by 3/15/2021. (Coll, A) [Transferred from California Eastern on 6/21/2021.]
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| Filing 9 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint by Enloe Medical Center. (Monagle, James) [Transferred from California Eastern on 6/21/2021.] |
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Filing 8
ORDER signed by District Judge John A. Mendez on 1/25/2021 ORDERING Defendant Enloe Medical Center to respond to Plaintiffs' Complaint no later than 2/1/2021. (Michel, G.) [Transferred from California Eastern on 6/21/2021.]
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| Filing 7 STIPULATION and PROPOSED ORDER for Extension of Time for Defendant, Enloe Medical Center to File Responsive Pleading by Enloe Medical Center. (Monagle, James) [Transferred from California Eastern on 6/21/2021.] |
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Filing 6
ORDER signed by District Judge John A. Mendez on 12/23/2020 EXTENDING the deadline for Defendant Enloe Medical Center to respond to Plaintiffs' Complaint to 1/25/2021. (Coll, A) [Transferred from California Eastern on 6/21/2021.]
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| Filing 5 STIPULATION and PROPOSED ORDER for Extend Time for Defendant, Enloe Medical Center to Answer by Enloe Medical Center. Attorney Monagle, James Francis added. (Monagle, James) [Transferred from California Eastern on 6/21/2021.] |
| Filing 4 CASE DISMISSED as to Defendant Blackbaud, Inc., without prejudice, pursuant to F.R.Cv.P. 41(a)(1)(A)(i). See #3 Notice of Voluntary Dismissal. [TEXT ONLY ENTRY] (Michel, G.) [Transferred from California Eastern on 6/21/2021.] |
| Filing 3 NOTICE of VOLUNTARY DISMISSAL as to defendant Blackbaud, Inc., only by Plaintiffs . (Crosner, Zachary) Modified on 12/22/2020 (Becknal, R). [Transferred from California Eastern on 6/21/2021.] |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Benson, A.) [Transferred from California Eastern on 6/21/2021.] |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2020-00288013 by Blackbaud, Inc. (Filing fee $ 402, receipt number 0972-9306704) (RECEIPT 0972-9306656 FOR $402 HAS BEEN REFUNDED) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Request for Judicial Notice, #6 Exhibit 1, #7 Exhibit 2, #8 Corporate Disclosure Statement)(Bradford, Tambry) Modified on 12/17/2020 (Washington, S). [Transferred from California Eastern on 6/21/2021.] |
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