O'Burke et al v. Hendersonville Hospital Corporation et al
| Randy O'Burke and Karen O'Burke |
| Clyde O. Southwell, M.D., Hendersonville Hospital Corporation, Jayesh A. Patel, M.D., Michael James Noto, M.D., Hendersonville Hospital Corporation doing business as TriStar Hendersonville Medical Center and Marshall R. Johnson, Jr., M.D. |
| 3:2019cv01167 |
| December 29, 2019 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Personal Inj. Med. Malpractice |
| 42 U.S.C. § 1395 dd Examination and treatment for emergency medical conditions and women in labor |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 148 NOTICE by Karen O'Burke, Randy O'Burke of Withdrawal of Stacia M. Burns (Spragens, John) |
Filing 147
MEMORANDUM AND ORDER: Pending before the Court is a Motion for Summary Judgment filed by Defendant Michael James Noto, M.D. ("Dr. Noto") and Defendant Jayesh A. Patel, M.D. ("Dr. Patel") (collectively "Defendants"). (See Doc. No. #86 ). Accordingly, the motion for summary judgment is DENIED. Signed by District Judge William L. Campbell, Jr on 6/29/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
|
|
Filing 146
ORDER: Pending before the Court is a Motion to Exclude Expert Testimony of Bobby Shah, M.D. filed by Defendants Michael Noto, M.D., Jayesh Patel, M.D., and Clyde Southwell, M.D (Doc. No. #89 ). Accordingly, the Motion is DENIED without prejudice to refiling in 2023. Signed by District Judge William L. Campbell, Jr on 6/29/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
|
|
Filing 145
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 2/28/2023 at 9:00 AM in Courtroom 6D before District Judge William L. Campbell Jr. Pretrial Conference is set for 2/17/2023 at 10:30 AM in Courtroom 6D before District Judge William L. Campbell Jr. Proposed Pretrial Order due by 2/10/2023. Exhibit List due by 2/10/2023. Witness List due by 2/10/2023. Signed by District Judge William L. Campbell, Jr on 6/22/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
|
|
Filing 144
ORDER: The Court held a status teleconference on April 12, 2022. For the reasons stated on the record during the status conference, the jury trial currently scheduled for April 26, 2022, is CANCELED. The Court will address the parties' motions in limine (Doc. Nos. #101 , #103 , #105 , #107 , #109 , #111 , #113 , #115 , #117 , #119 , #121 , #123 , #125 , #127 , #129 , #131 , #133 , #135 , #137 , #139 , #141 ) and will set a new trial date and pretrial filing deadlines by separate order. Signed by District Judge William L. Campbell, Jr on 4/13/2022. (ln)
|
| Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Telephone Conference held on 4/12/2022. The Court discussed have to reset the jury trial scheduled for April 26, 2022. Order to enter. (Court Reporter Patty Jennings.) (Hearing lasted :10)(ab) |
|
Filing 143
ORDER: Pending before the Court is the parties' Joint Motion for Telephonic Status Conference. (Doc. No. #142 ). The Motion is GRANTED. The Court will hold a status teleconference in this matter on April 12, 2022, at 3:00 p.m. Counsel for the parties shall call 1-866-390-1828 and enter the access code 7884640# to be connected to the call. All pretrial deadlines are STAYED until further ruling by the Court. Signed by District Judge William L. Campbell, Jr on 4/7/2022. (ln)
|
| Filing 142 Joint MOTION for Telephonic Status Conference Regarding Trial Date by Karen O'Burke, Randy O'Burke. (Spragens, John) |
| Filing 141 MOTION in Limine Plaintiffs' Motions in Limine by Karen O'Burke, Randy O'Burke. (Attachments: #1 Exhibit Defendants' Expert Disclosures)(Spragens, John) |
| Filing 140 MEMORANDUM in Support of #139 MOTION in Limine 20 Exclude evidence of loss of household services filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit 1 Testimony from Dr. Baum's depo)(Bills, Anthony) |
| Filing 139 MOTION in Limine 20 Exclude evidence of loss of household services by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 138 MEMORANDUM in Support of #137 MOTION in Limine 19 Exclude evidence of expenses incurred by O'Burkes in Nashville filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit 1 testimony from Mr. O'Burke's depo)(Bills, Anthony) |
| Filing 137 MOTION in Limine 19 Exclude evidence of expenses incurred by O'Burkes in Nashville by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 136 MEMORANDUM in Support of #135 MOTION in Limine 18 Exclude opinions of experts not contained in expert reports filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 135 MOTION in Limine 18 Exclude opinions of experts not contained in expert reports by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 134 MEMORANDUM in Support of #133 MOTION in Limine 17 Exclude testimony of Dr. Nicholls filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit 1 TN Dept Health Practitioner Profile for Dr. Nicholls)(Bills, Anthony) |
| Filing 133 MOTION in Limine 17 Exclude testimony of Dr. Nicholls by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 132 MEMORANDUM in Support of #131 MOTION in Limine 16 Exclude criticisms related to delay re doxycycline filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 131 MOTION in Limine 16 Exclude criticisms related to delay re doxycycline by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 130 MEMORANDUM in Support of #129 MOTION in Limine 15 Exclude evidence of medical expenses filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 129 MOTION in Limine 15 Exclude evidence of medical expenses by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 128 MEMORANDUM in Support of #127 MOTION in Limine 14 Exclude expert testimony of Dr. Miller filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit 1 testimony from Karen O'Burke's depo)(Bills, Anthony) |
| Filing 127 MOTION in Limine 14 Exclude expert testimony of Dr. Miller by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 126 MEMORANDUM in Support of #125 MOTION in Limine 13 Exclude opinions of Gary Stein filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit 1 CV of Gary Stein)(Bills, Anthony) |
| Filing 125 MOTION in Limine 13 Exclude opinions of Gary Stein by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 124 MEMORANDUM in Support of #123 MOTION in Limine 12 Exclude testimony of Dr. Young filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit 1 CV if Dr, Young, #2 Exhibit 2 Dr. Young's Independent Neuropsychological Eval Report)(Bills, Anthony) |
| Filing 123 MOTION in Limine 12 Exclude testimony of Dr. Young by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 122 MEMORANDUM in Support of #121 MOTION in Limine 10 Exclude Claim of Loss of earning capacity filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit Exh 1 testimony from Mr. O'Burke's depo, #2 Exhibit Exh 2 testimony from Dr. Young's depo)(Bills, Anthony) |
| Filing 121 MOTION in Limine 10 Exclude Claim of Loss of earning capacity by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 120 MEMORANDUM in Support of #119 MOTION in Limine Exclude claim of permanent impairment filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 119 MOTION in Limine Exclude claim of permanent impairment by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 118 MEMORANDUM in Support of #117 MOTION in Limine Exclude Exclude criticisms of Dr. Patels order for a consult to place a central line filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 117 MOTION in Limine Exclude Exclude criticisms of Dr. Patels order for a consult to place a central line by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 116 MEMORANDUM in Support of #115 MOTION in Limine Exclude criticisms regarding a delay in central line placement filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 115 MOTION in Limine Exclude criticisms regarding a delay in central line placement by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 114 MEMORANDUM in Support of #113 MOTION in Limine Exclude Evidence of Prior Malpractice filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 113 MOTION in Limine Exclude Evidence of Prior Malpractice by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 112 MEMORANDUM in Support of #111 MOTION in Limine Precluding mention of any ad damnum filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 111 MOTION in Limine Precluding mention of any ad damnum by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 110 MEMORANDUM in Support of #109 MOTION in Limine Limiting impeachment of defense witnesses filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 109 MOTION in Limine Limiting impeachment of defense witnesses by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 108 MEMORANDUM in Support of #107 MOTION in Limine Exclude Reference to Safety Rules filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 107 MOTION in Limine Exclude Reference to Safety Rules by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 106 MEMORANDUM in Support of #105 MOTION in Limine Exclude Proof of Liability Insurance filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 105 MOTION in Limine Exclude Proof of Liability Insurance by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 104 MEMORANDUM in Support of #103 MOTION in Limine Exclude Golden Rule Arguments filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 103 MOTION in Limine Exclude Golden Rule Arguments by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 102 MEMORANDUM in Support of #101 MOTION in Limine to Exclude evidence of medical expenses for which the Plaintiffs are not personally liable filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Bills, Anthony) |
| Filing 101 MOTION in Limine to Exclude evidence of medical expenses for which the Plaintiffs are not personally liable by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| TN State Bar status verified as active for Kimberly G. Silvus admitted to this court. (ln) |
| Filing 100 NOTICE of Appearance by Kimberly G. Silvus on behalf of Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. (Silvus, Kimberly) |
| Filing 99 RESPONSE filed by Michael James Noto, M.D., Jayesh A. Patel, M.D. re #95 Response in Opposition to Motion, filed by Randy O'Burke, Karen O'Burke . (Bills, Anthony) |
| Filing 98 REPLY to Response to re #86 MOTION for Summary Judgment filed by Michael James Noto, M.D., Jayesh A. Patel, M.D.. (Bills, Anthony) |
| Filing 97 REPLY to Response to re #89 MOTION to Exclude Dr. Bobby Shah filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Attachments: #1 Exhibit Surviving Sepsis Guidelines Excerpt, #2 Exhibit Berchaun Nicholls Licensure)(Bills, Anthony) |
| Filing 96 Plaintiffs' Response to Defendants' Statement of Undisputed Material Facts in Support of Motion for Summary Judgment by Karen O'Burke, Randy O'Burke re #87 Statement of facts (Spragens, John) Modified text on 12/13/2021 (ln). |
| Filing 95 RESPONSE in Opposition re #86 MOTION for Summary Judgment , #89 MOTION to Exclude Dr. Bobby Shah filed by Karen O'Burke, Randy O'Burke. (Attachments: #1 Exhibit Shah Declaration, #2 Exhibit Plaintiffs' Statement of Additional Disputed Material Facts)(Spragens, John) |
| Filing 94 NOTICE of Filing of Transcript of Deposition of Michael James Noto, M.D. by Michael James Noto, M.D., Jayesh A. Patel, M.D. re #87 Statement of facts (Attachments: #1 Attachment Dr. Noto's Deposition)(Bills, Anthony) Modified text on 12/8/2021 (ln). |
|
Filing 93
ORDER granting #92 Motion for Extension of Time to File Response re #89 MOTION to Exclude Dr. Bobby Shah. Extended to December 10, 2021. Signed by District Judge William L. Campbell, Jr on 11/29/2021. (mg)
|
| Filing 92 Unopposed MOTION for Extension of Time to File Response/Reply as to #89 MOTION to Exclude Dr. Bobby Shah by Karen O'Burke, Randy O'Burke. (Spragens, John) |
|
Filing 91
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on November 12, 2021, Defendants Noto and Patel filed a motion for summary judgment with supporting memorandum and Statement of Facts (Docket Nos. #86 - #88 ). The deadlines for responsive filings are provided for in prior orders of the Court. (Docket Entry No. #55 ). The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 11/15/2021. (ln)
|
| Filing 90 MEMORANDUM in Support of #89 MOTION to Exclude Dr. Bobby Shah filed by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. . (Attachments: #1 Exhibit Dr. Shah's Report, #2 Exhibit Dr. Shah's Deposition)(Bills, Anthony) |
| Filing 89 MOTION to Exclude Dr. Bobby Shah by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 88 MEMORANDUM in Support of #86 MOTION for Summary Judgment filed by Michael James Noto, M.D., Jayesh A. Patel, M.D. . (Attachments: #1 Exhibit Dr. Southwell's Deposition, #2 Exhibit Dr. Johnson's Deposition, #3 Exhibit Dr. Cascone's Report)(Bills, Anthony) |
| Filing 87 STATEMENT of facts filed by Michael James Noto, M.D., Jayesh A. Patel, M.D. in support of #86 Motion for Summary Judgment. (Attachments: #1 Exhibit Plaintiffs' Amended Expert Disclosures, #2 Exhibit Dr. Baum's Report, #3 Exhibit Mr. Stein's Report, #4 Exhibit Dr. Young's Report, #5 Exhibit Dr. Cascone's Deposition, #6 Exhibit Dr. Patel's Deposition)(Bills, Anthony) |
| Filing 86 MOTION for Summary Judgment by Michael James Noto, M.D., Jayesh A. Patel, M.D.. (Bills, Anthony) |
|
Filing 85
ORDER: Motion for Extension of Expert Disclosure Deadline, DE #84 is GRANTED. Signed by Magistrate Judge Barbara D. Holmes on 9/13/2021.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
|
| Filing 84 Unopposed MOTION for Disclosure of Experts (Extension of Time) by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 83 Joint Case Resolution Status Report No. 2 by Karen O'Burke, Randy O'Burke(Spragens, John) Modified text on 9/1/2021 (ln). |
|
Filing 82
ORDER: As directed by Rule 5(d)(1) of the Federal Rules of Civil Procedure, initial disclosures under Rule 26(a)(1) and (2) and discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing. Fed. R. Civ. P. 5(d)(1); see also Advisory Committee Notes to 2002 amendments (discovery requests include deposition notices). The Clerk is therefore directed to remove from the docket the notice of deposition filed by Defendants on August 17, 2021. (Docket No. 81 .) All parties are reminded of the language of Rule 5(d)(1). Signed by Magistrate Judge Barbara D. Holmes on 8/20/2021. (ln)
|
| Filing 81 (DOCUMENTS REMOVED PER #82 ORDER.) NOTICE by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. of Deposition of Bobby H. Shah, M.D. (Attachments: # 1 Exhibit Exh 1- Materials to bring)(Bills, Anthony) Modified on 8/20/2021 (ln). |
|
Filing 80
ORDER: Pending before the Court is Plaintiffs' Unopposed Motion to Drop Defendant Hendersonville Hospital Corporation d/b/a Tristar Hendersonville Medical Center (Doc. No. #79 ), seeking dismissal with prejudice of Plaintiffs' claims against Defendant Hendersonville Hospital Corporation d/b/a Tristar Hendersonville Medical Center, pursuant to Fed. R. Civ. P. 21. The motion is GRANTED. Accordingly, the Court DISMISSES Defendant Hendersonville Hospital Corporation d/b/a Tristar Hendersonville Medical Center with prejudice. Hendersonville Hospital Corporation terminated. Signed by District Judge William L. Campbell, Jr on 8/4/2021. (ln)
|
| Filing 79 Unopposed MOTION to Dismiss (Drop) Defendant Hendersonville Hospital Corporation by Karen O'Burke, Randy O'Burke. (Spragens, John) |
| Filing 78 NOTICE by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. of 30(b)(6) Deposition (Bills, Anthony) |
|
Filing 77
ORDER: Pending before the Court is Defendants' motion to extend certain case management deadlines (Docket No. #76 ), which is represented to be unopposed, and is therefore GRANTED. The discovery deadline shall be extended solely to permit Defendants to complete a Rule 30(b)(6) request for documents and testimony directed to O'Burke Construction, Inc. on the issue of Plaintiffs' lost income. The deadline for Defendants' expert disclosures and reports is extended to September 17, 2021. Signed by Magistrate Judge Barbara D. Holmes on 7/8/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
|
| Filing 76 Unopposed MOTION Permit Rule 30(b)(6) Depo on Damages and for Ext of Expert Disclosure Deadline by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Attachments: #1 Exhibit 1 Declaration of Randy O'Burke, #2 Exhibit 2 Expert Report of Charles Baum PhD)(Bills, Anthony) |
| Filing 75 FIRST AMENDED ANSWER to #40 First Amended Complaint by Clyde O. Southwell, M.D. (ln) |
|
Filing 74
ORDER: Pending before the Court is the motion of Defendant Clyde O. Southwell, M.D. for leave to amend his answer to assert comparative fault against co-Defendant Hendersonville Hospital Corporation dba Tristar Hendersonville Medical Center (Docket No. #73 ), which is represented to be unopposed and is therefore GRANTED. The Clerk is directed to separately file Defendant Southwell's first amended answer, which is presently found at Docket No. #73 -1. Signed by Magistrate Judge Barbara D. Holmes on 6/22/2021. (ln)
|
| Filing 73 Unopposed MOTION to Amend/Correct Answer to Assert Comparative Fault by Clyde O. Southwell, M.D.. (Attachments: #1 Exhibit 1 Proposed First Amended Answer o/b/o Clyde Southwell, MD)(Bills, Anthony) |
| Filing 72 NOTICE by Hendersonville Hospital Corporation of Withdrawal of Attorney Brandon Huber (Huber, Brandon) |
|
Filing 71
ORDER: Pending before the Court is Defendant Marshall R. Johnson, Jr., M.D.'s Motion to Dismiss (Doc. No. #47 ). Plaintiffs filed a Response in Opposition (Doc. No. #52 ) and Defendant filed a Reply (Doc. No. #53 ). For the reasons set forth in the accompanying Memorandum, Defendant's Motion is GRANTED. Marshall R. Johnson, Jr., M.D. terminated. Signed by District Judge William L. Campbell, Jr on 03/23/2021. (ln)
|
| Filing 70 MEMORANDUM. Signed by District Judge William L. Campbell, Jr on 3/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) |
| Filing 69 NOTICE by Hendersonville Hospital Corporation Amended Notice of Video Deposition (Vrettos, Christopher) |
|
Filing 68
ORDER granting #67 Plaintiff's unopposed motion for an extension of the fact discovery deadline. For the reasons requested in the motion and without opposition by Defendants, the deadline for completion of fact discovery is EXTENDED TO APRIL 4, 2021. All other case management deadlines and provisions found in prior orders and not modified herein remain in full force and effect. SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 02/16/2021. (BH)
|
| Filing 67 Unopposed MOTION for Extension of Time to Complete Discovery by Karen O'Burke, Randy O'Burke. (Attachments: #1 Attachment Proposed Order Extending Fact Discovery Deadline)(Spragens, John) |
| Filing 66 NOTICE by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. Amended Notice of Deposition of Karen O'Burke (Bills, Anthony) |
| Filing 65 NOTICE by Hendersonville Hospital Corporation Amended Notice of Video Deposition (Vrettos, Christopher) |
| Filing 64 NOTICE by Hendersonville Hospital Corporation Notice of Video Deposition (Vrettos, Christopher) |
| Filing 63 NOTICE by Hendersonville Hospital Corporation Notice of Video Deposition (Vrettos, Christopher) |
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 1/21/2021. (Tape #not recorded.) (Hearing lasted :12)(jwc) |
| Filing 62 NOTICE by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. of Deposition of Karen O'Burke (Bills, Anthony) |
| Filing 61 Joint Case Resolution Status Report by Hendersonville Hospital Corporation. (Vrettos, Christopher) |
| Filing 60 NOTICE by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. of Deposition for Liz Anne Hill (Bills, Anthony) |
| Filing 59 NOTICE by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. of Deposition of Randy O'Burke (Bills, Anthony) |
| Filing 58 NOTICE by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. of Deposition of Christopher Heiber (Bills, Anthony) |
| Filing 57 NOTICE by Hendersonville Hospital Corporation of New Firm Name and Email Address (Essary, Bryan) |
|
Filing 56
ORDER SETTING CASE FOR TRIAL: Jury Trial set for 4/26/2022 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Pretrial Conference set for 4/18/2022 at 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Joint Proposed Pretrial Order due by 4/11/2022; Exhibit List due by 4/11/2022; and Witness List due by 4/11/2022. All lawyers who will participate in the trial must attend the pretrial conference. The cost of summoning the jury may be assessed against the parties if a settlement is reached after the Thursday immediately preceding trial. Signed by District Judge William L. Campbell, Jr on 9/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 55
CASE MANAGEMENT ORDER #2: Amended Pleadings due by 2/9/2021; Discovery due by 3/9/2021; Dispositive Motions due by 11/12/2021. A subsequent case management conference shall be telephonically using the Court's conference line (see Docket Nos. #30 and #37 ) on January 21, 2021, at 11:00 a.m. Signed by Magistrate Judge Barbara D. Holmes on 6/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 9/9/2020. (Tape #not recorded.) (Hearing lasted :33)(jwc) |
| Filing 54 PROPOSED CASE MANAGEMENT ORDER #2 (Joint) filed by Karen O'Burke, Randy O'Burke. (Spragens, John) |
| Filing 53 RESPONSE in Support re #47 MOTION to Dismiss filed by Marshall R. Johnson, Jr., M.D.. (Attachments: #1 Exhibit Ex. A- Final Judgment Order, #2 Exhibit Ex. B - Memorandum Opinion)(Gorman, Nathaniel) |
| Filing 52 RESPONSE in Opposition re #47 MOTION to Dismiss filed by Karen O'Burke, Randy O'Burke. (Spragens, John) |
| TN State Bar status verified as active for Nathaniel T. Gorman. (mg) |
| Filing 51 NOTICE of Appearance by Nathaniel T. Gorman on behalf of Marshall R. Johnson, Jr., M.D. (Gorman, Nathaniel) |
| TN State Bar status verified as active for James E. Looper, Jr. (mg) |
| Filing 50 NOTICE of Appearance by James E. Looper, Jr on behalf of Marshall R. Johnson, Jr., M.D. (Looper, James) |
|
Filing 49
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on August 13, 2020, Defendant Marshall R. Johnson, Jr., M.D. filed a motion to dismiss with supporting memorandum (Docket Nos. #47 , #48 ). The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 8/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 48 MEMORANDUM in Support of #47 MOTION to Dismiss filed by Marshall R. Johnson, Jr., M.D. . (Witt, Bryant) |
| Filing 47 MOTION to Dismiss by Marshall R. Johnson, Jr., M.D.. (Witt, Bryant) |
| Filing 46 ANSWER to #40 Amended Complaint, by Marshall R. Johnson, Jr., M.D..(Witt, Bryant) |
| Filing 45 ANSWER to #40 Amended Complaint, by Clyde O. Southwell, M.D..(Bills, Anthony) |
| Filing 44 ANSWER to #40 Amended Complaint, by Jayesh A. Patel, M.D..(Bills, Anthony) |
| Filing 43 ANSWER to #40 Amended Complaint, by Michael James Noto, M.D..(Bills, Anthony) |
| Filing 42 ANSWER to #40 Amended Complaint, by Hendersonville Hospital Corporation.(Vrettos, Christopher) |
| TN State Bar status verified as active for Bryant C. Witt. (mg) |
| Filing 41 NOTICE of Appearance by Bryant C. Witt on behalf of Marshall R. Johnson, Jr., M.D. (Witt, Bryant) |
| Filing 40 FIRST AMENDED COMPLAINT against Hendersonville Hospital Corporation, Marshall R. Johnson, Jr., M.D., Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D., filed by Randy O'Burke, Karen O'Burke.(mg) Modified on 7/17/2020 (mg). |
|
Filing 39
ORDER: Pending before the Court is Plaintiffs' unopposed motion for leave to file an amended complaint (Docket No. #38 ), which is GRANTED. The Clerk is directed to separately file the First Amended Complaint presently found at Docket No. 38-1. Defendants shall answer or otherwise respond to the First Amended Complaint as directed by Fed. R. Civ. P. 15(a)(3). Signed by Magistrate Judge Barbara D. Holmes on 7/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 38 MOTION for Leave to to File Amended Complaint (Unopposed) by Karen O'Burke, Randy O'Burke. (Attachments: #1 Exhibit Proposed First Amended Complaint w/ Exhibits)(Spragens, John) |
|
Filing 37
ORDER: By the initial case management order a telephone conference was scheduled for July 2, 2020. On June 29, counsel advised that they will be filing an amended complaint adding an additional defendant. Therefore, the conference call on July 2 is RESCHEDULED for September 9, 2020, at 10:30 a.m. 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#. Prior to the rescheduled conference, counsel shall file a new proposed case management schedule, including a target trial date. Signed by Magistrate Judge Barbara D. Holmes on 7/2/2020. (vh)
|
|
Filing 36
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Barbara D. Holmes on 5/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 35
AGREED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge Barbara D. Holmes on 5/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 34
ORDER granting #33 Motion for Protective Orders. The parties' agreed protective orders, as modified by the Court, are entered separately. SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 05/01/2020. (BH)
|
| Filing 33 MOTION for Protective Order Unopposed Motion for Entry of Agreed Protective Order and Agreed Order Regarding Discovery of Electronically Stored Information by Karen O'Burke, Randy O'Burke. (Attachments: #1 Exhibit Proposed Agreed Protective Order, #2 Exhibit Proposed Agreed ESI Order)(Spragens, John) |
|
Filing 32
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 8/21/2020; Discovery due by 9/25/2020; and Dispositive Motions due by 5/24/2021. A subsequent case management conference shall be held telephonically on July 2, 2020, at 10:00. Signed by Magistrate Judge Barbara D. Holmes on 3/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 3/24/2020; ORDER to enter. (Tape #digital recording.) (Hearing lasted :48)(jwc) |
| Filing 31 PROPOSED CASE MANAGEMENT ORDER Joint Proposed Case Management Order filed by Karen O'Burke, Randy O'Burke. (Spragens, John) |
|
Filing 30
ORDER: Given the current responses to the outbreak of the coronavirus known as COVID-19, including the Court's Administrative Order No. 209 issued on March 16, 2019, the initial case management in this case, scheduled for March 24, 2020, at 1:30 p.m., will be held telephonically. Signed by Magistrate Judge Barbara D. Holmes on 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| TN State Bar status verified as active for Brandon M. Huber. (mg) |
| Filing 29 NOTICE of Appearance by Brandon M. Huber on behalf of Hendersonville Hospital Corporation (Huber, Brandon) |
| TN State Bar status verified as active for Christopher A. Vrettos. (mg) |
| Filing 28 NOTICE of Appearance by Christopher A. Vrettos on behalf of Hendersonville Hospital Corporation (Vrettos, Christopher) |
|
Filing 27
ORDER granting #26 Motion to Continue from March 2, 2020 at 10:00 a.m. before Magistrate Judge Barbara D. Holmes to March 24, 2020 at 1:30 p.m. local time. Signed by Magistrate Judge Barbara D. Holmes on 2/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Reset Hearing: Initial Case Management Conference is reset for 3/24/2020 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (mg) |
| Filing 26 Joint MOTION to Continue Initial Case Management Conference by Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D.. (Bills, Anthony) |
| Filing 25 ANSWER to Complaint by Jayesh A. Patel, M.D..(Bills, Anthony) |
| Filing 24 ANSWER to #1 Complaint,, by Hendersonville Hospital Corporation.(Essary, Bryan) |
| Filing 23 ANSWER to #1 Complaint,, by Clyde O. Southwell, M.D..(Bills, Anthony) |
|
Filing 22
ORDER granting #20 Motion for Extension of Time to Answer re #1 Complaint, Jayesh A. Patel, M.D. answer due 2/14/2020. Signed by Magistrate Judge Barbara D. Holmes on 2/6/2020. (mg)
|
|
Filing 21
ORDER granting #17 Motion for Extension of Time to Answer re #1 Complaint, Hendersonville Hospital Corporation answer due 2/14/2020. Signed by Magistrate Judge Barbara D. Holmes on 2/6/2020. (mg)
|
| Filing 20 MOTION for Extension of Time to File Answer re #1 Complaint,, by Jayesh A. Patel, M.D.. (Bills, Anthony) |
| Filing 19 NOTICE of Appearance by Anthony Collin Bills on behalf of Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. (Bills, Anthony) |
| Filing 18 NOTICE of Appearance by Thomas Anderton Wiseman, III on behalf of Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. (Wiseman, Thomas) |
| Filing 17 MOTION for Extension of Time to File Answer re #1 Complaint,, by Hendersonville Hospital Corporation. (Essary, Bryan) |
| Filing 16 NOTICE of Appearance by Bryan Essary on behalf of Hendersonville Hospital Corporation (Essary, Bryan) |
| TN State Bar status verified as active for Thomas Anderton Wiseman, III, and Anthony Collin Bills. (mg) |
| Filing 15 ANSWER to #1 Complaint,, by Michael James Noto, M.D..(Bills, Anthony) |
| Filing 14 NOTICE of Appearance by Anthony Collin Bills on behalf of Michael James Noto, M.D. (Bills, Anthony) |
| Filing 13 NOTICE of Appearance by Thomas Anderton Wiseman, III on behalf of Michael James Noto, M.D. (Wiseman, Thomas) |
| Filing 12 SUMMONS returned executed by Randy O'Burke, Karen O'Burke. All Defendants. (Spragens, John) |
| NOTICE TO FILER re DE#8 , #9 , #10 , #11 : The wrong event was used. The correct event should be Service of Process/Summons Returned Executed. Counsel shall re-file the documents. (mg) |
| Filing 11 *** DISREGARD*** AFFIDAVIT of Service for Complaint, Summons, and Notice of Initial Case Management Conference served on Michael James Noto, M.D. on January 15, 2020, filed by Karen O'Burke, Randy O'Burke. (Spragens, John) Modified on 1/28/2020 (mg). |
| Filing 10 *** DISREGARD*** AFFIDAVIT of Service for Complaint, Summons, and Notice of Initial Case Management Conference served on Jayesh A. Patel, M.D. on January 16, 2020, filed by Karen O'Burke, Randy O'Burke. (Spragens, John) Modified on 1/28/2020 (mg). |
| Filing 9 *** DISREGARD*** AFFIDAVIT of Service for Complaint, Summons, and Notice of Initial Case Management Conference served on Clyde O. Southwell, M.D. on January 16, 2020, filed by Karen O'Burke, Randy O'Burke. (Spragens, John) Modified on 1/28/2020 (mg). |
| Filing 8 *** DISREGARD*** AFFIDAVIT of Service for Complaint, Summons, and Notice of Initial Case Management Conference served on Hendersonville Hospital Corporation d/b/a TriStar Hendersonville Medical Center on January 13, 2020, filed by Karen O'Burke, Randy O'Burke. (Spragens, John) Modified on 1/28/2020 (mg). |
| Filing 7 NOTICE of Change of Address by John Tate Spragens (Spragens, John) |
|
Filing 6
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 01/06/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 5 Summons issued as to Hendersonville Hospital Corporation, Michael James Noto, M.D., Jayesh A. Patel, M.D., and Clyde O. Southwell, M.D. (Attachments: #1 Attachment - Noto Summons, #2 Attachment - Patel Summons, #3 Attachment - Southwell Summons). Service copies returned to counsel by mail. (mg) Modified on 12/31/2019 (mg). |
| Filing 4 NOTICE of Initial Case Management Conference set for 3/2/2020 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (mg) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| TN State Bar status verified as active for John Tate Spragens. (mg) |
| Filing 1 COMPLAINT against Hendersonville Hospital Corporation, Michael James Noto, M.D., Jayesh A. Patel, M.D., Clyde O. Southwell, M.D. (Filing fee $400, Receipt number 0650-3057086), filed by Randy O'Burke, Karen O'Burke. (Attachments: #1 Exhibit 1 - Affidavit of John Spragens re Pre-Suit Notice, #2 Exhibit 1-A - (Part 1) Various Miscellaneous Documents, #3 Exhibit 1-A (Part 2) - Various Miscellaneous Documents, #4 Exhibit 1-B - Proof of Mailing, #5 Exhibit 2 - Certificate of Good Faith, #6 Attachment - Civil Cover Sheet)(mg) (Main Document 1 replaced on 12/30/2019) (mg). Modified on 12/30/2019 (mg). Modified on 12/30/2019 (mg). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
