Ross v. Universal Health Services, Inc. et al
| Aaron Ross |
| Universal Health Services, Provo Canyon School, Justin Uale, Wendy Turnbow and Lorna Hall |
| 2:2022cv00053 |
| January 27, 2022 |
| US District Court for the District of Utah |
| Robert J Shelby |
| Assault Libel & Slander |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 21 NOTICE of Appearance by Shelley M. Doi-Taketa on behalf of Lorna Hall, Provo Canyon School, Wendy Turnbow, Justin Uale, Universal Health Services (Doi-Taketa, Shelley) |
| Filing 20 NOTICE of Appearance by Tawni J. Anderson on behalf of Lorna Hall, Provo Canyon School, Wendy Turnbow, Justin Uale, Universal Health Services (Anderson, Tawni) |
| Filing 19 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Karen L. Campbell, for Defendants Lorna Hall, Provo Canyon School, Wendy Turnbow, Justin Uale, and Universal Health Services. (nl) |
| Filing 18 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Daniel W. Isaacs, for Plaintiff Aaron Ross. (nl) |
| Filing 17 Case transferred in from USDC of New York Eastern; Case Number 1:21-cv-04424. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:22-cv-00053-RJS, Assigned to Judge Robert J. Shelby. |
Filing 16
TRANSFER ORDER: The parties to this action have consented to this action's transfer to the United States District Court for the District of Utah, pursuant to 28 U.S.C. 1404(a). See ECF No. 15. Based on this consent and the record proceedings to date, this action is hereby transferred to the United States District Court for the District of Utah, pursuant to 28 U.S.C. 1404(a). See 28 U.S.C. 1404(a) (providing, in relevant part, that a district court may transfer a civil action to any other district where it might have been brought or to any district to which all parties have consented, "[f]or the convenience of parties and witnesses, in the interest of justice"). The provision of Local Civil Rule 83.1 requiring a seven-day delay between a transfer order and the effectuation of the transfer is waived. Ordered by Judge Diane Gujarati on 1/27/2022. (Almonte, Kelly) [Transferred from New York Eastern on 1/27/2022.]
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| Case transferred to District of Utah. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Herrera, Isaiah) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 15 Letter Consent to Change of Venue by Aaron Ross (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
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ORDER re: #14 Letter Consent to Transfer: Plaintiff is directed to refile the #14 Letter Consent to Transfer after the #14 Letter Consent to Transfer is amended to include a signature(s) on behalf of Defendants. Ordered by Judge Diane Gujarati on 1/20/2022. (Almonte, Kelly) [Transferred from New York Eastern on 1/27/2022.]
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| Filing 14 Letter Consent to Transfer by Aaron Ross (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
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ORDER re: #13 Notice: In the #13 Notice filed by Plaintiff Aaron Ross on January 7, 2022, Plaintiff indicates that the parties consent to this case being transferred to the United States District Court for the District of Utah, pursuant to 28 U.S.C. 1406(a). However, the Court's January 4, 2022 Order directed the parties to inform the Court in writing whether they consent to this case's transfer to the United States District Court for the District of Utah, pursuant to 28 U.S.C. 1404(a), not 28 U.S.C. 1406(a). Additionally, the #13 Notice is signed only by counsel for Plaintiff, and not signed on behalf of Defendants. Accordingly, the parties are directed to submit a joint submission informing the Court whether all parties consent to this cases transfer to the United States District Court for the District of Utah, pursuant to 28 U.S.C. 1404(a), by January 18, 2022. Ordered by Judge Diane Gujarati on 1/12/2022. (Almonte, Kelly) [Transferred from New York Eastern on 1/27/2022.]
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| Filing 13 Letter confirming parties' consent to transfer by Aaron Ross (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 12 SERVICE by Publication filed by Aaron Ross., SUMMONS Returned Executed by Aaron Ross. Universal Health Services, Inc. served on 12/7/2021, answer due 12/28/2021. (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
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ORDER re: #10 Motion for pre motion conference: In Defendants' #10 Motion for pre motion conference filed December 9, 2021, Defendants request that this Court, if it declines to dismiss this case for improper venue, "transfer venue to the District of Utah pursuant to 28 U.S.C. 1406(a)." In Plaintiff's #11 Letter responding to Defendants' motion, Plaintiff submits that "this matter be transferred to the District Court of Utah for the convenience of the parties and witnesses and in the interests of justice pursuant to 28 U.S. Code 1406(a) Change of venue." In light of #10 and #11 , the parties are directed to inform the Court in writing whether they consent to this case's transfer to the United States District Court for the District of Utah, pursuant to 28 U.S.C. 1404(a), by January 10, 2022. Ordered by Judge Diane Gujarati on 1/4/2022. (Almonte, Kelly) [Transferred from New York Eastern on 1/27/2022.]
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| Filing 11 Letter Response to Second Request for Pre-Motion Condference by Aaron Ross (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
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ORDER re: #10 Motion for pre motion conference: On December 9, 2021, Defendants filed a #10 Motion for pre-motion conference in anticipation of filing a motion to dismiss. To date, Plaintiff has failed to file a response, despite the undersigned's Individual Practice Rules. See Individual Practice Rule III.A. Plaintiff is directed to respond to Defendants' motion for pre-motion conference by December 29, 2021. Ordered by Judge Diane Gujarati on 12/21/2021. (Almonte, Kelly)[Transferred from New York Eastern on 1/27/2022.]
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| Filing 10 Second MOTION for pre motion conference by Lorna Hall, Provo Canyon School, Wendy Turnbow, Justin Uale, Universal Health Services, Inc.. (Campbell, Karen) [Transferred from New York Eastern on 1/27/2022.] |
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ORDER granting #9 Motion to Amend: By motion filed October 13, 2021, Plaintiff seeks leave to amend his Complaint. The Court has determined that leave to amend is appropriate here, where the record does not reflect any undue delay, bad faith by Plaintiff, that amendment at this stage will result in undue prejudice to Defendants, or that amendment would be futile. See Fed. R. Civ. P. 15(a)(2) (explaining that "[t]he court should freely give leave [to amend] when justice so requires"); Adlife Mktg. & Commcns Co. v. Best Yet Mkt., Inc., No. 17-CV-02978, 2018 WL 4568801, at *1 (E.D.N.Y. Sept. 24, 2018) ("Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the non-moving parties, the district court should grant leave to amend."). Plaintiff shall file an amended complaint on or before November 29, 2021. Defendants' #8 Motion to Request Pre-Motion Conference is denied without prejudice to Defendants renewing their request after that deadline. Ordered by Judge Diane Gujarati on 10/28/2021. (Almonte, Kelly) [Transferred from New York Eastern on 1/27/2022.]
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| Filing 9 MOTION to Amend/Correct/Supplement Letter Request by Aaron Ross. (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
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ORDER re: #8 Motion to Request Pre-Motion Conference: Plaintiff is directed to respond to Defendants' motion by October 15, 2021. Such response should indicate whether Plaintiff will seek leave to amend in light of one or more of the alleged pleading defects or, instead, whether Plaintiff prefers to proceed to briefing on the anticipated motion. Ordered by Judge Diane Gujarati on 10/12/2021. (Almonte, Kelly) [Transferred from New York Eastern on 1/27/2022.]
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| Filing 8 First MOTION to Request Pre-Motion Conference by Lorna Hall, Provo Canyon School, Wendy Turnbow, Justin Uale, Universal Health Services, Inc. (Campbell, Karen) Modified on 10/1/2021 to correct motion event type. (Almonte, Kelly) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 7 SUMMONS Returned Executed by Aaron Ross. Provo Canyon School served on 9/14/2021, answer due 10/5/2021. (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 6 Summons Issued as to Lorna Hall, Provo Canyon School, Wendy Turnbow, Justin Uale, Universal Health Services, Inc.. (Davis, Kimberly) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 5 Proposed Summons. by Aaron Ross (Attachments: #1 Proposed Summons Provo Canyon, #2 Proposed Summons Justin Uale, #3 Proposed Summons Wendy Turnbow, #4 Proposed Summons Lorna Hall) (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Aaron Ross (Attachments: #1 Proposed Summons Universal Health, #2 Proposed Summons Provo Canyon School, #3 Proposed Summons Justin Uale, #4 Proposed Summons wendy turnbow, #5 Proposed Summons Lorna Hall) (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
| ***FINAL NOTICE:***The Clerk's Office cannot assign this case without a completed Civil Cover Sheet and Proposed Summons. Counsel is directed to forward a completed (2 Page Form)Civil Cover Sheet, answering all questions including the NY-E Division of Business Rule 50.1(d)(2) section on the second page. Please use the event Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) [Transferred from New York Eastern on 1/27/2022.] |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from New York Eastern on 1/27/2022.] |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) [Transferred from New York Eastern on 1/27/2022.] |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14729512 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Aaron Ross. (Isaacs, Daniel) [Transferred from New York Eastern on 1/27/2022.] |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) [Transferred from New York Eastern on 1/27/2022.] |
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