Poole-Ward v. Affiliates for Women's Health, P.A.
Plaintiff: Poole-Ward and Dr. Rebecca Poole-Ward
Defendant: Affiliates for Women's Health, P.A.
Case Number: 4:2017cv00885
Filed: March 21, 2017
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Brazos
Presiding Judge: Lee H Rosenthal
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 12101 American Disabilities Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2019 Opinion or Order Costs Taxed in the amount of $ 18,781.74 re: #122 Bill of Costs,, filed. (dhansen, 4)
February 25, 2019 Opinion or Order Filing 122 BILL OF COSTS in total amount $$18,781.74 by Affiliates for Women's Health, P.A., filed. (Attachments: #1 Itemization of Costs, #2 Declaration in Support of Bill of Costs, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Little, Kevin)
February 11, 2019 Opinion or Order Filing 121 FINAL JUDGMENT entered in favor of Defendant. Case terminated on 2/11/19.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
February 11, 2019 Opinion or Order Filing 120 Agreed PROPOSED ORDER Final Judgment, filed.(Agena, Gretchen)
February 4, 2019 Opinion or Order Filing 119 Certification of Withdrawal of Trial Exhibits by Rebecca Poole-Ward(kpicota, 4)
February 4, 2019 Opinion or Order Filing 118 Certification of Withdrawal of Trial Exhibits by Affiliates for Women's Health, P.A.(kpicota, 4)
February 4, 2019 Opinion or Order Filing 117 JURY QUESTIONS.(kpicota, 4) (Additional attachment(s) added on 2/6/2019: #1 Unredacted attachment) (kpicota, 4).
February 4, 2019 Opinion or Order Filing 116 JURY INSTRUCTIONS charged to the jury at the closing of trial entered. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
February 4, 2019 Opinion or Order Filing 115 Jury Note No. 1 (Attachments: #1 Unredacted attachment)(kpicota, 4)
February 4, 2019 Opinion or Order Filing 114 Certification of Trial Exhibits by Affiliates for Women's Health, P.A., Rebecca Poole-Ward(kpicota, 4)
February 4, 2019 Opinion or Order Filing 113 Defendant's Amended Exhibit List by Affiliates for Women's Health, P.A.(kpicota, 4)
February 4, 2019 Opinion or Order Filing 112 Plaintiff's Second Amended Exhibit List by Rebecca Poole-Ward(kpicota, 4)
February 4, 2019 Opinion or Order Filing 111 JOINT Exhibit List by Affiliates for Women's Health, P.A., Rebecca Poole-Ward(kpicota, 4)
February 4, 2019 Opinion or Order Filing 110 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY EIGHT of JURY TRIAL held on 2/4/2019. The court DENIED both motions #104 MOTION for Judgment and #105 MOTION for Directed Verdict, for the reasons stated on the record. A final charge conference was held before the jury arrived. The court gave the jury instructions. Closing arguments were presented. Jury deliberations begin. Lunch was provided to facilitate the jury's deliberations. Verdict received. The jury finds in favor of the defendant and awards nothing to the plaintiff. The jury is polled and released with the thanks of the court. Plaintiff will have 7 days to submit an agreed final judgment. Exhibits are withdrawn and will be uploaded to the court's electronic docket sheet. Trial ends. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: B. Slavin), filed.(leddins, 4)
February 4, 2019 Opinion or Order Filing 109 ORDER entered: The Clerk is to provide the jury's lunch during the deliberations. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
February 4, 2019 Opinion or Order Filing 105 MOTION for Directed Verdict by Rebecca Poole-Ward, filed. Motion Docket Date 2/25/2019. (Attachments: #1 Proposed Order)(Notzon, Robert)
February 2, 2019 Opinion or Order Filing 108 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. CHARGE CONFERENCE held on 2/2/2019. The court and the parties worked to finalize the jury instructions. Counsel will appear at 9:00 am on February 4 for a final charge conference before the jury returns at 10:00 am. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: B. Slavin), filed.(leddins, 4)
February 2, 2019 Opinion or Order Filing 104 MOTION for Judgment by Affiliates for Women's Health, P.A., filed. Motion Docket Date 2/25/2019. (Little, Kevin)
February 1, 2019 Opinion or Order Filing 107 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY SEVEN of JURY TRIAL held on 2/1/2019. Testimony heard. Plaintiff's case rests. Defendant's case rests. Counsel will appear on 2/2/1 9 at 11:00 am to finalize the jury instructions. Closing arguments will be presented on February 4, 2019 at 10:00 a.m. Counsel will appear at 9:00 am for a Final Charge Conference. Witnesses: R. Poole and R. Smith. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: B. Slavin), filed.(leddins, 4)
January 31, 2019 Opinion or Order Filing 106 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. CONFERENCE held on 1/31/2019. The court and the parties counsel worked on the jury instruction. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: K. Miller), filed.(leddins, 4)
January 30, 2019 Opinion or Order Filing 103 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY SIX of JURY TRIAL held on 1/30/2019. Plaintiff's case continues. Testimony heard. Court adjourned until February 1, 2019 at 9:00 am. Counsel will return at 4:30 to pm to begin work on the jury instructions and charge. Witnesses: J. Roman and M. Garant. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: F. Warner(am)/K. Miller(pm)), filed.(leddins, 4)
January 29, 2019 Opinion or Order Filing 102 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY FIVE of JURY TRIAL held on 1/29/2019. Plaintiff's case continues. Testimony heard. Court is adjourned till January 30, 2019 at 8:30 am. Witnesses: R. Poole, R. Gooch and D. Daniel. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: F. Warner), filed.(leddins, 4)
January 28, 2019 Opinion or Order Filing 101 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY FOUR of JURY TRIAL held on 1/28/2019. Plaintiff's case continues. Testimony heard. Court is adjourned till January 29, 2019 at 9:00 am.Witnesses: R. Poole and M. Garant. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: F. Warner), filed.(leddins, 4)
January 28, 2019 Opinion or Order Filing 99 Proposed Jury Charge by Rebecca Poole-Ward(Notzon, Robert)
January 25, 2019 Opinion or Order Filing 100 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY THREE of JURY TRIAL held on 1/25/2019. Plaintiff's case continues. Exhibits admitted as stated on the record. Testimony heard. Court is adjourned until January 28, 2019 at 9:00 am. Counsel will arrive at 8am to discuss the jury charge. Witnesses: R. Harrykisson, B. Zivney and H. Leonard Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Defts.(Court Reporter: F. Warner), filed.(leddins, 4)
January 24, 2019 Opinion or Order Filing 98 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY TWO of JURY TRIAL held on 1/24/2019. Opening statements are presented. Plaintiff's case begins. Testimony heard and exhibits admitted, as stated on the record. Court is adjourned until January 25, 2019, at 9:00 a.m.Witnesses: W. Loesch, S. Mendez, S. Steele(depo), N. Williams(depo), A. Farrell (depo), E. Nace, R. Ward. and R. Poole. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: F. Warner), filed.(leddins, 4)
January 23, 2019 Opinion or Order Filing 95 ACKNOWLEDGMENT OF SERVICE by Affiliates for Women's Health, P.A. on 01/19/2019 re: Subpoena to Dr. Joseph Roman to Appear and Testify at a Hearing or Trial in a Civil Action, filed.(Agena, Gretchen)
January 22, 2019 Opinion or Order Filing 97 Minute Entry for proceedings held before Chief Judge Lee H Rosenthal. DAY ONE of JURY TRIAL held on 1/22/2019. Voir dire conducted. Jury selected and sworn. Preliminary instructions given. Court adjourned until January 23, 2019, at 9:00 a.m Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: F. Warner), filed.(leddins, 4)
January 22, 2019 Opinion or Order Filing 96 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Telephone conference held on January 22, 2019, concerning the trial schedule. The court and the parties discussed whether to postpone the trial given the lack of funding to pay or reimburse jurors. The court will proceed with voir dire, asking prospective jurors whether they are able to bear the costs of serving as a juror until funding is restored. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: F. Warner), filed.(leddins, 4)
January 18, 2019 Opinion or Order Filing 94 Amended Exhibit List by Rebecca Poole-Ward(Notzon, Robert)
January 15, 2019 Opinion or Order Filing 93 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Final pretrial conference held on January 15, 2019. The court and the parties discussed, amended, and finalized a summary of the case to be used during voir dire. The court preadmitted Affiliates exhibits 2, 3, 4, 8, 10, 13, 25, and 26. Affiliates exhibits 4, 8, and 26 are admitted with redactions, as stated on the record. The court declined to preadmit Dr. Pooles exhibits 2 and 11, and Dr. Poole withdrew her exhibits 12 and 13. Dr. Poole must revise the damages demonstrative exhibit to separately state the consequential damages she claims, such as payments needed for rent, student loans, and similar items. The court granted in part, denied in part, and deferred in part ruling on Dr. Poole's Supplemental Motion in Limine, (Docket Entry No. 65), as detailed in the record. The court granted in part and denied in part Affiliates's Supplemental Motion in Limine, (Docket Entry No. 66), as explained on the record. The court declined Dr. Poole's request to sit in the gallery during trial; she must be at counsel table. The court set a timing order for trial. Each party has a total of 19 hours to present its case, including voir dire and opening statements. The court confirmed that voir dire will begin at 2:00 p.m. on January 22, 2019, in Courtroom 11-B. Opening statements will begin at 9:00 a.m. on January 24, 2019, also in Courtroom 11-B. The parties' counsel must arrive at least 30 minutes before the start of trial each day. Appearances: Matthew Johnston/Robert Notzon for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: F. Warner), filed.(leddins, 4)
January 14, 2019 Opinion or Order Filing 92 Proposed Jury Charge by Affiliates for Women's Health, P.A.(Agena, Gretchen)
January 14, 2019 Opinion or Order Filing 91 Third Exhibit List by Affiliates for Women's Health, P.A.(Agena, Gretchen)
January 11, 2019 Opinion or Order ***Set/Reset Deadlines/Hearings: Final Pretrial Conference set for 1/15/2019 at 10:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal (leddins, 4)
January 10, 2019 Opinion or Order Filing 90 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on January 10, 2019. The court scheduled trial for January 22, 2019, at 2:00 p.m, in Courtroom 11-B, and set a back-up trial date for February 25, 2019. The court scheduled a final pretrial conference for January 15, 2019, at 10:30 a.m. Appearances: Matthew Johnston/Robert Notzon (by phone) for Pltf. and Kevin Little/Gretchen Agena for Deft. (Court Reporter: F. Warner), filed.(leddins, 4)
January 8, 2019 Opinion or Order Filing 89 Proposed Voir Dire Questions(Agena, Gretchen)
January 8, 2019 Opinion or Order Filing 88 NOTICE of Setting. Parties notified. Status Conference set for 1/10/2019 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
December 19, 2018 Opinion or Order Filing 87 MEMORANDUM AND OPINION entered: Dr. Nace may testify only as to whether Dr. Poole-Ward had a substance-abuse disorder during her employment at Affiliates and as to Dr. Poole-Ward's emotional harm from her termination. He may not characterize witness testimony or assess witness credibility. He may not opine whether, on May 21, 2015, Affiliates had a good-faith basis to report its concern that Dr. Poole-Ward was impaired while seeing patients. The court grants and denies in part Affiliates's motion to strike Dr. Nace's expert testimony. (Docket Entry Nos. 43, 66, 81).(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
December 7, 2018 Opinion or Order Filing 86 Notice of Filing of Official Transcript as to #85 Transcript. Party notified, filed. (hcarr, 4)
December 6, 2018 Opinion or Order Filing 85 TRANSCRIPT re: Final Pretrial Conference held on 11/7/18 before Chief Judge Lee H Rosenthal. Court Reporter Heather Alcaraz. Ordering Party Gretchen Agena. Release of Transcript Restriction set for 3/6/2019, filed. (halcaraz, )
December 3, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. SETTLEMENT CONFERENCE held on 12/3/2018. Case did not settle. Appearances: Gretchen Agena, Matthew Johnston, Robert Notzon.(ERO:Yes), filed.(sjones, 4)
December 3, 2018 Opinion or Order Filing 84 NOTICE of Cancellation re: #79 Notice of Setting, filed. (The parties agreed settlement conference would not be productive)(sjones, 4)
December 3, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. TELEPHONE CONFERENCE held on 12/3/2018. Appearances: Gretchen Agena, Robert Notzon.(Digital # 9:38-9:44AM)(ERO:Yes), filed.(sjones, 4)
December 3, 2018 Opinion or Order ***Set/Reset Deadlines/Hearings: Settlement Conference reset for 12/3/2018 at 10:30 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson (sjones, 4)
November 30, 2018 Opinion or Order Filing 83 Sealed Event, filed. (With attachments)
November 30, 2018 Opinion or Order Filing 82 MOTION to Supplement Defendant's Motion to Strike as to #44 MOTION to Strike Plaintiff's Expert Witness by Affiliates for Women's Health, P.A., filed. Motion Docket Date 12/21/2018. (Attachments: #1 Exhibit Exhibit 1 - Gooch Depo, #2 Exhibit Exhibit 2 - Daniel Depo, #3 Exhibit Exhibit 3 - Garant Depo, #4 Exhibit Exhibit 5 - RPW 3, #5 Exhibit Exhibit 6 - Poole Depo, #6 Exhibit Exhibit 7 - RPW 4, #7 Exhibit Exhibit 9 - RPW 6, #8 Exhibit Exhibit 10 - Sharp Letter, #9 Exhibit Exhibit 11 - CSMC Letter, #10 Exhibit Exhibit 12 - Rogers Letter, #11 Exhibit Exhibit 13 - Smith Text, #12 Exhibit Exhibit 14 - Garant Text, #13 Exhibit Exhibit 15 - Smith Letter, #14 Exhibit Exhibit 16 - Poole Email, #15 Exhibit Exhibit 17 - Collected Texts, #16 Exhibit Exhibit 18 - RPW 10, #17 Exhibit Exhibit 19 - Poole Email, #18 Exhibit Exhibit 20 - Term Letter, #19 Exhibit Exhibit 21 - Nace Fax, #20 Exhibit Exhibit 23 - CSMC Letter)(Agena, Gretchen)
November 30, 2018 Opinion or Order Filing 81 SUPPLEMENT to #73 Response in Opposition to Motion, by Rebecca Poole-Ward, filed.(Notzon, Robert)
November 14, 2018 Opinion or Order Filing 80 ORDER for Supplemental Briefing entered. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
November 9, 2018 Opinion or Order Filing 79 NOTICE of Setting. Parties notified. Settlement Conference set for 12/3/2018 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
November 8, 2018 Opinion or Order Filing 78 AO 435 TRANSCRIPT REQUEST by Gretchen Agena for Transcript of Pre-Trial Conference on 11/07/18 before Judge Rosenthal. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Agena, Gretchen)
November 8, 2018 Opinion or Order Filing 76 ORDER entered REFERRING CASE to Magistrate Magistrate Judge Nancy K Johnson for a settlement conference. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Main Document 76 replaced on 11/8/2018) (leddins, 4). (Main Document 76 replaced on 11/8/2018) (leddins, 4).
November 7, 2018 Opinion or Order Filing 77 Minute entry for proceedings before the Hon. Lee H. Rosenthal. The first session in the hearing for the docket call/final pretrial conference was held on November 7, 2018. The court scheduled jury selection to begin on January 15, 2019 at 8:30 a.m., with opening statements and evidence to begin on January 22, 2019. The court heard oral argument on the motion to exclude Dr. Nace's expert testimony. The court admitted exhibits 118 of the joint exhibit list. The court admitted Dr. Poole-Wards exhibits 1 and 37. The court admitted Affiliates's exhibits 1, 57, 9, 1112, and 1425. The court ordered the parties to attend a settlement conference before a magistrate judge no later than December 21, 2018. A separate order for the settlement conference will be entered. Appearances: Kevin Little, Gretchen Agena, Matthew Johnston, Robert Notzon.(Court Reporter: H. Alcaraz), filed.(leddins, 4)
November 6, 2018 Opinion or Order Filing 75 RESPONSE to #65 Supplemental MOTION In Limine filed by Affiliates for Women's Health, P.A.. (Agena, Gretchen)
November 6, 2018 Opinion or Order Filing 74 Supplemental RESPONSE in Opposition to #43 MOTION In Limine , filed by Rebecca Poole-Ward. (Attachments: #1 Proposed Order)(Notzon, Robert)
November 6, 2018 Opinion or Order Filing 73 Supplemental RESPONSE in Opposition to #44 MOTION to Strike Plaintiff's Expert Witness, filed by Rebecca Poole-Ward. (Attachments: #1 Exhibit Dr. Nace Sworn Statement, #2 Exhibit Dr. Poole Sworn Statement, #3 Proposed Order)(Notzon, Robert)
November 5, 2018 Opinion or Order Filing 72 Sealed Event, filed. (With attachments)
November 5, 2018 Opinion or Order Filing 71 Trial EXHIBITS re: #68 Exhibit List by Rebecca Poole-Ward (Attachments: #1 Exhibit Cover Pages for Sealed Exhibits, #2 Proposed Order Proposed Order)(Notzon, Robert)
November 5, 2018 Opinion or Order Filing 70 Sealed Event, filed. (With attachments)
November 5, 2018 Opinion or Order Filing 69 Objections to Plaintiff's Second Amended Exhibit List by Affiliates for Women's Health, P.A., filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Agena, Gretchen)
November 5, 2018 Opinion or Order Filing 68 Amended Exhibit List by Affiliates for Women's Health, P.A.(Agena, Gretchen)
November 1, 2018 Opinion or Order Filing 67 ORDER granting #63 Motion for Matthew Johnston to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jdav, 4)
November 1, 2018 Opinion or Order Filing 66 SUPPLEMENT to #43 MOTION In Limine by Affiliates for Women's Health, P.A., filed.(Agena, Gretchen)
November 1, 2018 Opinion or Order Filing 65 Supplemental MOTION In Limine by Rebecca Poole-Ward, filed. Motion Docket Date 11/23/2018. (Attachments: #1 Proposed Order)(Notzon, Robert)
November 1, 2018 Opinion or Order Filing 64 Joint Proposed Pretrial Order by Rebecca Poole-Ward (Attachments: #1 Exhibit Joint Exhibit List, #2 Exhibit Affiliates Exhibit List, #3 Exhibit Affiliates Witness List, #4 Exhibit Affiliates Amended Proposed Voir Dire, #5 Exhibit Joint and Separate Proposed Jury Charge, #6 Exhibit Joint Proposed Limine Order, #7 Exhibit RPW 2nd Amended Exhibit List, #8 Exhibit RPW 2nd Amended Witness List, #9 Exhibit RPW Amended Proposed Voir Dire)(Notzon, Robert)
November 1, 2018 Opinion or Order Filing 63 Unopposed MOTION for Matthew Johnston to Appear Pro Hac Vice by Rebecca Poole-Ward, filed. Motion Docket Date 11/23/2018. (Notzon, Robert)
October 31, 2018 Opinion or Order Filing 62 Sealed Event, filed. (With attachments)
October 31, 2018 Opinion or Order Filing 61 SUPPLEMENT to #44 MOTION to Strike Plaintiff's Expert Witness by Affiliates for Women's Health, P.A., filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Proposed Order)(Agena, Gretchen)
September 21, 2018 Opinion or Order Filing 60 Notice of Filing of Official Transcript as to #59 Transcript. Party notified, filed. (jdav, 4)
September 20, 2018 Opinion or Order Filing 59 TRANSCRIPT re: Docket Call held on 9/11/2018 before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber K. Metzger. Ordering Party Gretchen Agena Release of Transcript Restriction set for 12/19/2018, filed. (kmetzger)
September 18, 2018 Opinion or Order ***Set/Reset Hearings: Final Pretrial Conference set for 11/7/2018 at 03:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal and Jury Trial set for 11/13/2018 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal (leddins, 4)
September 12, 2018 Opinion or Order Filing 57 AO 435 TRANSCRIPT REQUEST by Gretchen Agena for Transcript of Docket Call on 9/11/18 before Judge Rosenthal. 14-Day turnaround requested. Court Reporter/Transcriber: Kathy Metzger, filed. (Agena, Gretchen)
September 11, 2018 Opinion or Order Filing 58 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Docket call held on September 11, 2018. The court heard argument on the parties motions in limine and the Affiliates's motion to strike. (Docket Entry Nos. 43, 44, 46, 52, 54, 55, 56). The court granted in part and denied in part the Affiliates's motion to strike. (Docket Entry No. 44). The court directed Dr. Nace to supplement his report by September 21, 2018 and to be available for a deposition on October 5, 2018 as conditions for not striking his testimony and to provide a better record to rule on the motion to strike. The court denied in part and granted in part Dr. Poole-Ward's motions in limine. (Docket Entry No. 46). The court granted the motion as to internet reviews. (Id. at 2). The court granted the motion as to references to malpractice suits involving Dr. Poole. (Id.). The court granted the motion as to a statement that Dr. Poole-Ward was to blame for her delay in employment. (Id.). The court granted the motion as to Mr. Ward's therapy to the extent that his therapy was separate and unrelated to Dr. Poole-Ward's therapy. (Id. at 23). The court denied the motion as to Dr. Poole-Ward's past and present medical records. (Id. at 3). The court granted the motion as to EEOC findings related to Dr. Poole-Wards claims, except that Dr. Poole-Ward may be impeached with prior statements. (Id.). The court granted the motion as to the timing and filing of the EEOC charge, except for impeachment purposes. (Id.). The court granted the motion as to sexual assault details; counsel must approach the bench before examining Dr. Poole-Ward on details that were not discussed in her deposition. (Id.). The court denied the motion as to the drug screening results. (Id.). The court denied in part and granted in part the Affiliate's motions in limine. (Docket Entry No. 43). The court granted the motion as to statements outside Dr. Poole-Ward's personal knowledge. (Id. at 2). The court denied the motion as to evidence outside the scope of Dr. Poole-Wards discrimination charge filed with the EEOC. (Id. at 23). The court granted the motion as to Dr. Garant's communication with Dr. Nwosu to the extent that Dr. Poole-Ward cannot inquire whether the communication was an impairment report under the hospital's bylaws. (Id. at 34). The court granted the motion as to the characterization of Dr. Poole-Wards drug screening as negative, except that counsel may inquire into why the positive result was changed to negative. (Id. at 45). The court granted the motion as to the watch Dr. Zivney wore during his deposition. (Id. at 5). The court denied in part and granted in part the motion as to Dr. Nace's expert testimony; Dr. Nace has until September 21, 2018 to supplement his report and must be ready for a deposition on October 5, 2018. (Id. at 6). The court granted the motion as to the stipulated facts. (Id.). The court scheduled the final pre-trial conference for November 7, 2018. The court scheduled jury selection to begin on November 13, 2018 and the trial to begin upon the completion of jury selection. Appearances: Robert Notzon/Matt Johnston for Pltf. and Kevin Little/Gretchen Agena for Deft.(Court Reporter: K. Metzger), filed.(leddins, 4)
September 10, 2018 Opinion or Order Filing 56 Sealed Event, filed. (With attachments)
September 10, 2018 Opinion or Order Filing 55 RESPONSE to #46 MOTION In Limine filed by Affiliates for Women's Health, P.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Agena, Gretchen)
September 10, 2018 Opinion or Order Filing 54 RESPONSE in Opposition to #43 MOTION In Limine , filed by Rebecca Poole-Ward. (Attachments: #1 Exhibit, #2 Proposed Order)(Notzon, Robert)
September 10, 2018 Opinion or Order Filing 53 PRETRIAL MEMORANDUM by Rebecca Poole-Ward(Notzon, Robert)
September 10, 2018 Opinion or Order Filing 52 RESPONSE in Opposition to #44 MOTION to Strike Plaintiff's Expert Witness, filed by Rebecca Poole-Ward. (Attachments: #1 Exhibit, #2 Proposed Order)(Notzon, Robert)
September 7, 2018 Opinion or Order Filing 51 NOTICE Plaintiff's Objections to Defendant's Exhibits by Rebecca Poole-Ward, filed. (Attachments: #1 Proposed Order)(Notzon, Robert)
September 7, 2018 Opinion or Order Filing 50 Amended Witness List by Rebecca Poole-Ward(Notzon, Robert)
September 7, 2018 Opinion or Order Filing 49 PROPOSED ORDER re: #47 Document, filed.(Agena, Gretchen)
September 7, 2018 Opinion or Order Filing 48 Defendant's Cross-Designations to Plaintiff's Designations for Rajesh Harrykisson by Affiliates for Women's Health, P.A., filed.(Agena, Gretchen)
September 7, 2018 Opinion or Order Filing 47 Defendant's Objections to Plaintiff's Exhibit List by Affiliates for Women's Health, P.A., filed. (Attachments: #1 Proposed Order)(Agena, Gretchen)
August 31, 2018 Opinion or Order Filing 46 MOTION In Limine by Rebecca Poole-Ward, filed. Motion Docket Date 9/21/2018. (Attachments: #1 Proposed Order)(Notzon, Robert)
August 31, 2018 Opinion or Order Filing 45 Joint Proposed Pretrial Order by Rebecca Poole-Ward (Attachments: #1 Exhibit D's Exhibit List, #2 Exhibit D's Witness List, #3 Exhibit D's Proposed Jury Charge, #4 Exhibit D's Voir Dire, #5 Exhibit P's Proposed Jury Charge, #6 Exhibit P's Exhibit List, #7 Exhibit P's Witness List, #8 Exhibit P's Voir Dire, #9 Exhibit P's Pretrial Memo, #10 Exhibit D's Pretrial Memo)(Notzon, Robert)
August 31, 2018 Opinion or Order Filing 44 MOTION to Strike Plaintiff's Expert Witness by Affiliates for Women's Health, P.A., filed. Motion Docket Date 9/21/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Agena, Gretchen)
August 31, 2018 Opinion or Order Filing 43 MOTION In Limine by Affiliates for Women's Health, P.A., filed. Motion Docket Date 9/21/2018. (Agena, Gretchen)
August 28, 2018 Opinion or Order Filing 42 NOTICE of Appearance by Kevin S. Little on behalf of Affiliates for Women's Health, P.A., filed. (Little, Kevin)
August 15, 2018 Opinion or Order Filing 41 NOTICE of Resetting. Parties notified. Docket Call reset for 9/11/2018 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
July 30, 2018 Opinion or Order Filing 40 MEMORANDUM AND OPINION entered DENYING #36 MOTION for Partial Summary Judgment . (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
July 25, 2018 Opinion or Order Filing 39 NOTICE of Resetting. Parties notified. Docket Call reset for 9/11/2018 at 03:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. The joint pretrial order is now due 8/31/18. (leddins, 4)
July 20, 2018 Opinion or Order Filing 38 Sealed Event, filed. (With attachments)
July 20, 2018 Opinion or Order Filing 37 RESPONSE in Opposition to #36 MOTION for Partial Summary Judgment , filed by Rebecca Poole-Ward. (Attachments: #1 Exhibit Notzon Decl., #2 Exhibit Poole Decl, #3 Exhibit Poole depo, #4 Exhibit Garant depo, #5 Exhibit Smith dope, #6 Exhibit Zivney depo, #7 Exhibit Harrykissoon depo, #8 Exhibit Farrell depo, #9 Exhibit Williams depo, #10 Exhibit Steele Depo, #11 Exhibit Daniel depo, #12 Exhibit Mendez depo, #13 Exhibit Gooch depo, #14 Exhibit Ad hoc cleared Poole, #15 Exhibit Loesch decl, #16 Exhibit Leonard decl, #17 Exhibit AWH trans, #18 Exhibit CSMC trans, #19 Exhibit AWH2 trans, #20 Exhibit CSMC2 trans, #21 Exhibit CSMC3 trans, #22 Exhibit AWH3 trans, #23 Exhibit UDS confirmed report, #24 Proposed Order)(Notzon, Robert)
June 29, 2018 Opinion or Order Filing 36 MOTION for Partial Summary Judgment by Affiliates for Women's Health, P.A., filed. Motion Docket Date 7/20/2018. (Attachments: #1 Declaration of Karmyn McCloud, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Proposed Order)(Agena, Gretchen)
June 15, 2018 Opinion or Order Filing 35 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Discovery hearing held on June 15, 2018. The court resolved the parties' dispute. Dr. Poole-Ward must produce: any records relating to efforts to find employment after her employment with Affiliates for Women's Health; her prior dates and places of employment and reasons for leaving; and any Form 1099s or W-2s showing income earned, but Dr. Poole-Ward may redact information that pertains solely to her husband. Dr. Poole must respond to Affiliates's second requests for production by June 28, 2018. Affiliates must supplement its responses to Dr. Poole's interrogatories and requests for production by June 28, 2018 to address the issues discussed in detail on the record. Appearances: Gretchen Agena, Karmyn McCloud and Robert Notzon.(Court Reporter: B. Slavin), filed.(leddins, 4)
May 23, 2018 Opinion or Order Filing 34 NOTICE of Resetting. Parties notified. Discovery Hearing reset for 6/15/2018 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
May 23, 2018 Opinion or Order Filing 33 NOTICE of Setting. Parties notified. Discovery Hearing set for 5/29/2018 at 01:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
March 30, 2018 Opinion or Order Filing 32 AGREED PROTECTIVE ORDER REGARDING CONFIDENTIALITY entered. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4)
March 30, 2018 Opinion or Order Filing 31 Agreed PROPOSED ORDER Agreed Protective Order Regarding Confidentiality, filed. (Attachments: #1 Exhibit A)(Agena, Gretchen) Modified on 3/30/2018 (wbostic, 4).
December 18, 2017 Opinion or Order Filing 30 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on December 18, 2017. The court conferred with the parties and set out a schedule for the case. The scheduling order will be entered separately. Appearances: Robert Notzon. for Pltf. and Gretchen Agena for Defts.(Court Reporter: L. Wells), filed.(leddins, 4)
December 18, 2017 Opinion or Order Filing 29 SCHEDULING ORDER. Pltf Expert Witness List due by 2/26/2018. Deft Expert Witness List due by 3/30/2018. Discovery due by 5/28/2018. Mediation due by 4/27/2018. Dispositive Motion Filing due by 6/29/2018. Joint Pretrial Order due by 8/27/2018. Docket Call set for 8/31/2018 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(rguerrero, 4) (Main Document 29 replaced on 12/20/2017) (rguerrero, 4).
December 4, 2017 Opinion or Order Filing 28 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Rebecca Poole-Ward, filed. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Notzon, Robert)
December 1, 2017 Opinion or Order Filing 27 Order of USCA re: #22 Notice of Appeal ; USCA No. 17-20630. IT IS ORDERED that appellant's unopposed motion to remand and dismiss this appeal pursuant to Fed.R.App.p 12.1 is GRANTED, filed.(jtabares, 1)
November 21, 2017 Opinion or Order Filing 26 INDICATIVE RULING entered GRANTING #25 Joint MOTION for Relief from Judgment. A Status Conference is set for 12/18/2017 at 03:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal. Case reopened on 11/21/17. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
November 17, 2017 Opinion or Order Filing 25 Joint MOTION for Relief from Judgment by Rebecca Poole-Ward, filed. Motion Docket Date 12/8/2017. (Attachments: #1 Proposed Order Proposed Indicative Ruling, #2 Proposed Order Proposed Order)(Notzon, Robert)
October 27, 2017 Opinion or Order Electronic Access to Record on Appeal Provided re: #22 Notice of Appeal to Gretchen Agena, Karmyn McCloud, Robert Notzon. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 17-20630), filed.(scastillo, 1)
October 27, 2017 Opinion or Order Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #22 Notice of Appeal USCA No. 17-20630, filed.(scastillo, 1)
October 23, 2017 Opinion or Order Filing 24 Notice of Non-Compliance. Appellant has failed to: Submit the DKT13 transcript order form. Parties notified, filed. (scastillo, 1)
October 11, 2017 Opinion or Order Notice of Assignment of USCA No. 17-20630 re: #22 Notice of Appeal, filed. (rnieto, 1)
October 10, 2017 Opinion or Order Filing 23 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #22 Notice of Appeal. Fee status: Paid. Reporter(s): F. Warner, filed. (Attachments: #1 Notice of Appeal, #2 Memorandum, #3 Order, #4 Docket Sheet) (mperez, 1)
October 10, 2017 Opinion or Order Appeal Review Notes re: #22 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(mperez, 1)
October 6, 2017 Opinion or Order Filing 22 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Rebecca Poole-Ward (Filing fee $ 505, receipt number 0541-19025848), filed.(Notzon, Robert)
September 7, 2017 Opinion or Order Filing 21 ORDER OF DISMISSAL entered. Case terminated on 9/7/17. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
September 7, 2017 Opinion or Order Filing 20 MEMORANDUM AND OPINION entered DENYING AS MOOT #17 Opposed MOTION for ReconsiderationOpposed MOTION to Stay Issuance or Execution of Order to Compel Arbitration, GRANTING #7 MOTION to Compel Arbitration and Dismiss or Stay Litigation. Order of dismissal to follow. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
August 22, 2017 Opinion or Order Filing 19 REPLY in Support of #17 Opposed MOTION for ReconsiderationOpposed MOTION to Stay Issuance or Execution of Order to Compel Arbitration, filed by Rebecca Poole-Ward. (Notzon, Robert)
August 15, 2017 Opinion or Order Filing 18 RESPONSE to #17 Opposed MOTION for ReconsiderationOpposed MOTION to Stay Issuance or Execution of Order to Compel Arbitration filed by Affiliates for Women's Health, P.A.. (Attachments: #1 Proposed Order)(Agena, Gretchen)
July 25, 2017 Opinion or Order Filing 17 Opposed MOTION for Reconsideration, Opposed MOTION to Stay Issuance or Execution of Order to Compel Arbitration ( Motion Docket Date 8/15/2017.) by Rebecca Poole-Ward, filed. (Attachments: #1 Exhibit NLRB Charge filed, #2 Proposed Order)(Notzon, Robert)
July 21, 2017 Opinion or Order Filing 16 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on July 21, 2017. The court heard argument on the pending motion to compel arbitration, Docket Entry No. 7. The court will grant the motion to compel arbitration in a forthcoming opinion. Appearances: Robert Notzon for Pltf. and Gretchen Agena/Karmyn McCloud for Deft.(Court Reporter: F. Warner), filed.(leddins, 4)
July 6, 2017 Opinion or Order Filing 15 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Rebecca Poole-Ward, filed. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Notzon, Robert)
July 6, 2017 Opinion or Order Filing 14 CERTIFICATE OF INTERESTED PARTIES by Rebecca Poole-Ward, filed.(Notzon, Robert)
June 2, 2017 Opinion or Order Filing 13 SURREPLY to #7 MOTION to Compel Arbitration and Dismiss or Stay Litigation, filed by Rebecca Poole-Ward. (Notzon, Robert)
June 1, 2017 Opinion or Order Filing 12 NOTICE of Resetting. Parties notified. Initial Conference reset for 7/21/2017 at 09:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4)
May 30, 2017 Opinion or Order Filing 11 REPLY in Support of #7 MOTION to Compel Arbitration and Dismiss or Stay Litigation, filed by Affiliates for Women's Health, P.A.. (Agena, Gretchen)
May 25, 2017 Opinion or Order Filing 10 RESPONSE in Opposition to #7 MOTION to Compel Arbitration and Dismiss or Stay Litigation, filed by Rebecca Poole-Ward. (Attachments: #1 Proposed Order)(Notzon, Robert)
April 24, 2017 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time; Motion-related deadline set re: #7 MOTION to Compel Arbitration and Dismiss or Stay Litigation. Responses due by 5/25/2017..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4)
April 20, 2017 Opinion or Order Filing 8 Unopposed MOTION for Extension of Time File Response to Motion to Compel Arbitration by Rebecca Poole-Ward, filed. Motion Docket Date 5/11/2017. (Attachments: #1 Proposed Order)(Notzon, Robert)
April 20, 2017 Opinion or Order Filing 7 MOTION to Compel Arbitration and Dismiss or Stay Litigation by Affiliates for Women's Health, P.A., filed. Motion Docket Date 5/11/2017. (Attachments: #1 Exhibit Employment Agreement, #2 Proposed Order)(Agena, Gretchen)
April 19, 2017 Opinion or Order Filing 6 CERTIFICATE OF INTERESTED PARTIES by Affiliates for Women's Health, P.A., filed.(McCloud, Karmyn)
April 19, 2017 Opinion or Order Filing 5 ANSWER to #1 Complaint by Affiliates for Women's Health, P.A., filed.(Agena, Gretchen)
April 3, 2017 Opinion or Order Filing 4 RETURN of Service of SUMMONS Executed as to Affiliates for Women's Health, P.A. served on 3/29/2017, answer due 4/19/2017, filed.(Notzon, Robert)
March 23, 2017 Opinion or Order Summons Issued as to Affiliates for Women's Health, P.A.. Issued summons delivered to plaintiff by First-class mail, filed.(gkelner, 4)
March 22, 2017 Opinion or Order Filing 3 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 7/7/2017 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Judge's Procedures) Parties notified.(ckrus, 4)
March 21, 2017 Opinion or Order Filing 2 Request for Issuance of Summons as to Affiliates for Women's Health, P.A., filed.(Notzon, Robert)
March 21, 2017 Opinion or Order Filing 1 COMPLAINT against Affiliates for Women's Health, P.A. (Filing fee $ 400 receipt number 0541-18096210) filed by Rebecca Poole-Ward. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Notzon, Robert)

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Plaintiff: Poole-Ward
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Plaintiff: Dr. Rebecca Poole-Ward
Represented By: Matthew Johnston
Represented By: Robert Notzon
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Defendant: Affiliates for Women's Health, P.A.
Represented By: Gretchen Agena
Represented By: Karmyn Wedlow McCloud
Represented By: Kevin Stephen Little
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