McDaniel et al v. Maury Regional Hospital et al
Plaintiff: Violet McDaniel and Rylynn Rose McDaniel
Defendant: Terry Whitten, M.D., Therese L. Whitten, M.D., Maury Regional Hospital doing business as Maury Regional Medical Center, Middle Tennessee Women's Health Group, PLLC and Michele Gibson-O'Grady, NP, CNM
Case Number: 1:2020cv00047
Filed: August 17, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Barbara D Holmes
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2020 Opinion or Order Filing 30 MEMORANDUM AND ORDER DISMISSING CASE: Pending before the Court are Plaintiffs' Motion for Temporary Restraining Order under Fed. R. Civ. P. 65. (Doc. No. #2 ), Defendants' Responses in Opposition (Doc. Nos. #16 , #18 ), and the parties' supplemental briefs on abstention (Doc. Nos. #28 , #29 ). Because the pending state court health care liability action meets all the requirements for Younger abstention, the Court must abstain from granting, or even considering, Plaintiffs' requested injunctive and declaratory relief based on federal preemption challenges. Accordingly, Plaintiffs' motion (Doc. No. #2 ) is DENIED, and this action is DISMISSED without prejudice. Signed by District Judge William L. Campbell, Jr on 9/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
September 4, 2020 Filing 29 BRIEF filed by Rylynn Rose McDaniel, Violet McDaniel re #20 Order,. (Newman, Russell)
September 4, 2020 Filing 28 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order Defendants' Supplemental Brief in Support of Response in Opposition to Plaintiffs' Consolidated Motion for Temporary Restraining Order filed by Maury Regional Hospital. (Tharp, Andrew)
September 4, 2020 Filing 27 ANSWER to #1 Complaint,,, by Maury Regional Hospital.(Tharp, Andrew)
September 3, 2020 Opinion or Order Filing 26 ORDER: Given the current responses to the outbreak of the coronavirus known as COVID-19, including the Court's Administrative Order No. 209 amended on August 19, 2020, the initial case management conference in this case, scheduled for 10:30 a.m. on September 28, 2020, will be held telephonically. Counsel should use the following dial-in information to participate in the telephonic initial case management conference: Dial-in number: 877-402-9753 Access Code: 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 9/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
September 2, 2020 Filing 25 ALIAS SUMMONS ISSUED as to Maury Regional Hospital c/o Registered Agent Alan Watson. Service copies will be returned to counsel by mail. (mg)
September 2, 2020 Filing 24 WAIVER OF SERVICE Returned Executed by Rylynn Rose McDaniel, Violet McDaniel. Terry Whitten, M.D. waiver sent on 9/2/2020. (Bednarz, Joseph)
September 2, 2020 NOTICE TO FILER re DE#23 : The wrong event was used. The correct event should be Service of Process/Waiver of Service Returned. Counsel shall re-file the document. (mg)
August 28, 2020 Filing 23 SUMMONS returned executed by Rylynn Rose McDaniel, Violet McDaniel. Terry Whitten, M.D. served on 8/28/2020. (Newman, Russell)
August 28, 2020 Filing 22 WAIVER OF SERVICE Returned Executed by Rylynn Rose McDaniel, Violet McDaniel. Middle Tennessee Women's Health Group, PLLC waiver sent on 8/28/2020. (Newman, Russell)
August 28, 2020 Filing 21 WAIVER OF SERVICE Returned Executed by Rylynn Rose McDaniel, Violet McDaniel. Michele Gibson-O'Grady, NP, CNM waiver sent on 8/28/2020. (Newman, Russell)
August 26, 2020 TN State Bar status verified as active for Robert L. Trentham. (mg)
August 25, 2020 Opinion or Order Filing 20 ORDER: Pending before the Court is Plaintiffs' Motion for Temporary Restraining Order under Fed. R. Civ. P. 65. (Doc. No. #2 ), and Defendants' Responses in Opposition (Doc. Nos. #16 , #18 ). On or before September 4, 2020, the parties shall file supplemental briefs not to exceed ten pages in length addressing whether any abstention doctrine applies in this matter. Signed by District Judge William L. Campbell, Jr on 8/25/2020. (mg)
August 25, 2020 Filing 19 NOTICE of Appearance by Robert L. Trentham on behalf of Maury Regional Hospital (Trentham, Robert)
August 25, 2020 TN State Bar status verified as active for Dixie W. Cooper, and Andrew D. Tharp. (mg)
August 24, 2020 Filing 18 RESPONSE to Motion re #2 MOTION for Temporary Restraining Order filed by Maury Regional Hospital. (Tharp, Andrew)
August 24, 2020 Filing 17 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Michele Gibson-O'Grady, NP, CNM, Middle Tennessee Women's Health Group, PLLC, Terry Whitten, M.D.. (Attachments: #1 Exhibit Exhibit 1)(Cooper, Dixie)
August 24, 2020 Filing 16 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by Michele Gibson-O'Grady, NP, CNM, Middle Tennessee Women's Health Group, PLLC, Terry Whitten, M.D.. (Cooper, Dixie)
August 24, 2020 Filing 15 ANSWER to Complaint by Michele Gibson-O'Grady, NP, CNM, Middle Tennessee Women's Health Group, PLLC, Terry Whitten, M.D..(Cooper, Dixie)
August 24, 2020 Filing 14 NOTICE of Appearance by Dixie W. Cooper on behalf of Michele Gibson-O'Grady, NP, CNM, Middle Tennessee Women's Health Group, PLLC, Terry Whitten, M.D. (Cooper, Dixie)
August 24, 2020 Filing 13 NOTICE of Appearance by Andrew D. Tharp on behalf of Maury Regional Hospital (Tharp, Andrew)
August 20, 2020 Filing 12 NOTICE by Rylynn Rose McDaniel, Violet McDaniel of Constitutional Challenge (Newman, Russell)
August 19, 2020 Filing 11 NOTICE by Rylynn Rose McDaniel, Violet McDaniel Plaintiff's Notice of Service to the Tennessee Attorney General (Newman, Russell)
August 19, 2020 Filing 10 Summons issued as to Michele Gibson-O'Grady, NP, CNM, Maury Regional Hospital, Middle Tennessee Women's Health Group, PLLC, Terry Whitten, M.D. Service copies will be returned to counsel by mail. (mg)
August 18, 2020 Filing 9 RECEIPT #34675059759 in the amount of $400 posted by Rylynn Rose McDaniel, Violet McDaniel re #1 Complaint. (mg)
August 18, 2020 Filing 8 NOTICE of Filing by Rylynn Rose McDaniel, Violet McDaniel Plaintiff's Notice of Service (Newman, Russell)
August 18, 2020 Opinion or Order Filing 7 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 8/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
August 18, 2020 Opinion or Order Filing 6 ORDER: Pending before the Court is Plaintiffs' Motion for Temporary Restraining Order under Fed. R. Civ. P. 65. (Doc. No. #2 ). Accordingly, Plaintiffs are ORDERED to serve Defendants with a copy the Complaint (Doc. No. #1 ) and the pending Motion (Doc. No. #2 ) on or before Wednesday, August 19, 2020. Defendants shall file a response to Plaintiffs' Motion (Doc. No. #2 ) on or before Monday, August 24, 2020. Signed by District Judge William L. Campbell, Jr on 8/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
August 18, 2020 Filing 5 NOTICE of Initial Case Management Conference set for 9/28/2020 at 10:30 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (mg)
August 18, 2020 Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
August 18, 2020 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
August 18, 2020 TN State Bar status verified as active for Joseph Paul Bednarz, Sr, Joseph Paul Bednarz, Jr, and Russell A. Newman. (mg)
August 17, 2020 Filing 2 PLAINTIFFS' CONSOLIDATED MOTION for Temporary Restraining Order by Rylynn Rose McDaniel, and Violet McDaniel. (Attachments: #1 Attachment - Proposed Temporary Restraining Order)(mg) Modified on 8/18/2020 (mg).
August 17, 2020 Filing 1 COMPLAINT against Michele Gibson-O'Grady, NP, CNM, Maury Regional Hospital, Middle Tennessee Women's Health Group, PLLC, and Terry Whitten, M.D. (Filing fee $ 400), filed by Rylynn Rose McDaniel, Violet McDaniel. (Attachments: #1 Exhibit 1 - Affidavit of Russell A. Newman, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - Petition for Qualified Protective Order, #4 Exhibit 3 - Plaintiff's Response in Opposition to Defendants' Motion for Qualified Protective Order, #5 Attachment - Civil Cover Sheet)(mg)

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Search for this case: McDaniel et al v. Maury Regional Hospital et al
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Defendant: Terry Whitten, M.D.
Represented By: Dixie W. Cooper
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Defendant: Therese L. Whitten, M.D.
Represented By: Dixie W. Cooper
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Defendant: Maury Regional Hospital doing business as Maury Regional Medical Center
Represented By: Andrew D. Tharp
Represented By: Robert L. Trentham
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Defendant: Middle Tennessee Women's Health Group, PLLC
Represented By: Dixie W. Cooper
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Defendant: Michele Gibson-O'Grady, NP, CNM
Represented By: Dixie W. Cooper
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Plaintiff: Violet McDaniel
Represented By: Joseph Paul Bednarz, Jr.
Represented By: Joseph Paul Bednarz, Sr.
Represented By: Russell A. Newman
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Plaintiff: Rylynn Rose McDaniel
Represented By: Joseph Paul Bednarz, Jr.
Represented By: Joseph Paul Bednarz, Sr.
Represented By: Russell A. Newman
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