McDaniel et al v. Maury Regional Hospital et al
| Violet McDaniel and Rylynn Rose McDaniel |
| 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 |
| 1:2020cv00047 |
| August 17, 2020 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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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)
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| Filing 29 BRIEF filed by Rylynn Rose McDaniel, Violet McDaniel re #20 Order,. (Newman, Russell) |
| 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) |
| Filing 27 ANSWER to #1 Complaint,,, by Maury Regional Hospital.(Tharp, Andrew) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 23 SUMMONS returned executed by Rylynn Rose McDaniel, Violet McDaniel. Terry Whitten, M.D. served on 8/28/2020. (Newman, Russell) |
| 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) |
| 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) |
| TN State Bar status verified as active for Robert L. Trentham. (mg) |
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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)
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| Filing 19 NOTICE of Appearance by Robert L. Trentham on behalf of Maury Regional Hospital (Trentham, Robert) |
| TN State Bar status verified as active for Dixie W. Cooper, and Andrew D. Tharp. (mg) |
| Filing 18 RESPONSE to Motion re #2 MOTION for Temporary Restraining Order filed by Maury Regional Hospital. (Tharp, Andrew) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 13 NOTICE of Appearance by Andrew D. Tharp on behalf of Maury Regional Hospital (Tharp, Andrew) |
| Filing 12 NOTICE by Rylynn Rose McDaniel, Violet McDaniel of Constitutional Challenge (Newman, Russell) |
| Filing 11 NOTICE by Rylynn Rose McDaniel, Violet McDaniel Plaintiff's Notice of Service to the Tennessee Attorney General (Newman, Russell) |
| 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) |
| Filing 9 RECEIPT #34675059759 in the amount of $400 posted by Rylynn Rose McDaniel, Violet McDaniel re #1 Complaint. (mg) |
| Filing 8 NOTICE of Filing by Rylynn Rose McDaniel, Violet McDaniel Plaintiff's Notice of Service (Newman, Russell) |
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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)
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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)
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| 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) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| TN State Bar status verified as active for Joseph Paul Bednarz, Sr, Joseph Paul Bednarz, Jr, and Russell A. Newman. (mg) |
| 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). |
| 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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