Ofoche v. Apogee Medical Group, Virginia, P.C. et al
Plaintiff: Chijioke Kingsley Ofoche, MD
Defendant: PHC-Martinsville, Inc. and Apogee Medical Group, Virginia, P.C.
Case Number: 4:2018cv00006
Filed: January 26, 2018
Court: US District Court for the Western District of Virginia
Office: Danville Office
Presiding Judge: Robert S Ballou
Referring Judge: Jackson L Kiser
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2020 Opinion or Order Filing 71 ORDER of USCA granting motion to withdraw Brendan Conor Horgan from further representation on appeal as to #61 Notice of Appeal filed by Chijioke Kingsley Ofoche, MD. (mlh)
February 20, 2019 Filing 70 Transcript Copy Delivered re #68 Transcript Request, (jm)
February 20, 2019 Filing 69 Financial arrangements made (3 Days Service) re #68 Transcript Request, Transcript due by 2/25/2019. (jm)
February 19, 2019 Filing 68 TRANSCRIPT REQUEST (COPY - 3 Day Service) by Apogee Medical Group, Virginia, P.C. for Motion to Dismiss held on 1/3/2019 reported by Court Reporter JoRita Meyer before Judge Jackson L. Kiser. Transcript Due Deadline will be set when Financial Arrangements are made. (Davis, Mary) Modified docket text on 2/20/2019 to show this request is for a COPY. (ca)
February 19, 2019 Filing 67 USCA APPEAL COSTS BOND received in the amount of $500.00; receipt number 4-2227 re #61 Notice of Appeal. (Attachment: #1 Receipt No. 4-2227)(ham)
February 13, 2019 Filing 66 TRANSCRIPT of Proceedings: Motion to Dismiss held on 1/3/2019 before Judge Kiser. Court Reporter/Transcriber JoRita Meyer, Telephone number 540-857-5100, ext. 5311, JoRitaM@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been fil Redaction Request due 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (jm)
February 13, 2019 Filing 65 Financial arrangements made (Expedited-7 calendar days Service) re #60 Transcript Request, Transcript due by 2/15/2019. (jm)
February 12, 2019 Opinion or Order Filing 64 Order Directing Appellant to Post Cost Bond, with proper surety, in penal amount of $500.00 within ten days. Signed by Senior Judge Jackson L. Kiser on 2/12/2019. (mlh)
February 11, 2019 Filing 63 NOTICE of Docketing Record on Appeal from USCA re: #61 Notice of Appeal filed by Chijioke Kingsley Ofoche, MD. USCA Case Number 19-1157; Case Manager: Emily Borneisen. (mlh)
February 11, 2019 Filing 62 Transmittal of Notice of Appeal to 4CCA re: #61 Notice of Appeal. NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (mlh)
February 11, 2019 Filing 61 NOTICE OF APPEAL as to #58 Order on Motion to Dismiss for Failure to State a Claim,,, by Chijioke Kingsley Ofoche, MD. Filing fee $ 505, receipt number 0423-3071510. (Strelka, Thomas)
February 8, 2019 Filing 60 TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Chijioke Kingsley Ofoche, MD for Hearing on Motion to Dismiss held on 01/03/2019 reported by Court Reporter JoRita Meyer before Judge Kiser. Transcript Due Deadline will be set when Financial Arrangements are made. (Strelka, Thomas)
January 17, 2019 Filing 59 Notice of Cancellation of Jury Trial set for 8/19/2019 - 8/23/2019 at 09:30 AM in Danville before Senior Judge Jackson L. Kiser. (Cancel Court Reporter). (ham)
January 17, 2019 Opinion or Order Filing 58 ORDER granting #44 Motion to Dismiss for Failure to State a Claim; granting #46 Motion to Dismiss for Failure to State a Claim; dismissing Plaintiff's Amended Complaint; directing clerk to remove case from active docket. Signed by Senior Judge Jackson L. Kiser on 1/17/19. (ham)
January 17, 2019 Filing 57 MEMORANDUM OPINION. Signed by Senior Judge Jackson L. Kiser on 1/17/19. (ham)
January 3, 2019 Filing 56 Minute Entry for proceedings held before Senior Judge Jackson L. Kiser: Motion Hearing held on 1/3/2019 re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Apogee Medical Group, Virginia, P.C. and #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PHC-Martinsville, Inc. Order forthcoming. (Court Reporter: JoRita Meyer) (ham)
December 13, 2018 Filing 55 Notice Rescheduling Trial previously set for 2/11/2019 - 2/14/2019 at 09:30 AM in Danville before Senior Judge Jackson L. Kiser: (CR) Jury Trial reset for 8/19/2019 - 8/23/2019 at 09:30 AM in Danville before Senior Judge Jackson L. Kiser. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ham)
December 13, 2018 Opinion or Order Filing 54 ORDER granting #53 Joint Motion for Trial Continuance and Extension of Deadlines. Trial of this case is continued to August 19, 2019, at 9:30 a.m. Trial is expected to last five days. Signed by Senior Judge Jackson L. Kiser on 12/13/2018. (mlh)
December 12, 2018 Filing 53 Joint MOTION to Continue Trial and Extension of Deadlines by PHC-Martinsville, Inc.. (Heard, Katherine)
December 12, 2018 Filing 52 NOTICE of Hearing on Motions #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant PHC-Martinsville, Inc.'s Motion to Dismiss Amended Complaint: (CR) Motion Hearing set for 1/3/2019 at 03:00 PM in Danville before Senior Judge Jackson L. Kiser. (ham)
December 11, 2018 Filing 51 NOTICE of Requested Hearing by Attorney for Apogee Medical Group, Virginia, P.C. hearing date 01/03/2018, at 3:00 PM, before Confirmation notice to be sent by the Clerk's Office. (Davis, Mary)
November 7, 2018 Filing 50 RESPONSE in Support re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant PHC-Martinsville, Inc.'s Motion to Dismiss Amended Complaint . filed by PHC-Martinsville, Inc.. (Heard, Katherine)
November 7, 2018 Filing 49 RESPONSE in Support re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Apogee Medical Group, Virginia, P.C.. (Davis, Mary)
October 31, 2018 Filing 48 Brief / Memorandum in Opposition re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant PHC-Martinsville, Inc.'s Motion to Dismiss Amended Complaint . filed by Chijioke Kingsley Ofoche, MD. (Strelka, Thomas)
October 31, 2018 Filing 47 Brief / Memorandum in Opposition re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Chijioke Kingsley Ofoche, MD. (Attachments: #1 Exhibit A)(Strelka, Thomas)
October 18, 2018 Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant PHC-Martinsville, Inc.'s Motion to Dismiss Amended Complaint by PHC-Martinsville, Inc.. (Heard, Katherine)
October 17, 2018 Filing 45 Brief / Memorandum in Support re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Apogee Medical Group, Virginia, P.C.. (Attachments: #1 Exhibit Exhibit A)(Davis, Mary)
October 17, 2018 Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Apogee Medical Group, Virginia, P.C.. (Davis, Mary)
October 4, 2018 Filing 43 FIRST AMENDED COMPLAINT against Apogee Medical Group, Virginia, P.C., PHC-Martinsville, Inc., filed by Chijioke Kingsley Ofoche, MD. (mlh)
October 4, 2018 Opinion or Order Filing 42 ORAL ORDER denying as moot #40 Motion for Leave to file Amended Complaint. Plaintiff was granted leave to amend pursuant to this Court's Order [ECF No. 39], and the clerk is directed to file the First Amended Complaint pursuant to the previous Order. Entered by Senior Judge Jackson L. Kiser on 10/4/2018. (mlh)
October 4, 2018 Filing 41 Brief / Memorandum in Support re #40 First MOTION to Amend/Correct . filed by Chijioke Kingsley Ofoche, MD. (Strelka, Thomas)
October 4, 2018 Filing 40 First MOTION to Amend/Correct by Chijioke Kingsley Ofoche, MD. (Attachments: #1 Exhibit A: First Amended Complaint)(Strelka, Thomas)
September 20, 2018 Opinion or Order Filing 39 ORDER granting #7 Defendant Apogee Medical Group, Virginia, P.C.'s Motion to Dismiss; granting #19 Defendant PHC-Martinsville, Inc.'s Motion to Dismiss; granting #32 Plaintiff's Motion to Dismiss Defendant Apogee Medical Group, Virginia, P.C.'s Counterclaim. Plaintiff will have 14 days to file an amended complaint, if he so chooses. Signed by Senior Judge Jackson L. Kiser on 9/20/2018. (mlh)
September 20, 2018 Filing 38 MEMORANDUM OPINION. Signed by Senior Judge Jackson L. Kiser on 9/20/2018. (mlh)
September 4, 2018 Opinion or Order Filing 37 PROTECTIVE ORDER granting #35 Joint Motion for Entry of Protective Order. Signed by Magistrate Judge Robert S. Ballou on 9/4/18. (ham)
August 31, 2018 Filing 36 Rule 26(f) Agreed Written Plan by Plaintiff Chijioke Kingsley Ofoche, MD, Counter Defendant Chijioke Kingsley Ofoche, MD (Strelka, Thomas)
August 30, 2018 Filing 35 Joint MOTION for Protective Order by Apogee Medical Group, Virginia, P.C..Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Davis, Mary)
August 24, 2018 Filing 34 Brief / Memorandum in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Apogee Medical Group, Virginia, P.C.. (Davis, Mary)
August 14, 2018 Filing 33 Brief / Memorandum in Support re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: #30 Counterclaim . filed by Chijioke Kingsley Ofoche, MD. (Strelka, Thomas)
August 14, 2018 Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: #30 Counterclaim by Chijioke Kingsley Ofoche, MD. (Strelka, Thomas)
August 2, 2018 Filing 31 Minute Entry for proceedings held before Senior Judge Jackson L. Kiser: Motion Hearing held on 8/2/2018 re: #7 MOTION to Dismiss filed by Apogee Medical Group, Virginia, P.C.; #19 MOTION to Dismiss filed by PHC-Martinsville, Inc. Order forthcoming.(Court Reporter: Sonia Ferris) (mlh)
July 31, 2018 Filing 30 COUNTERCLAIM against Chijioke Kingsley Ofoche, MD, filed by Apogee Medical Group, Virginia, P.C..(Davis, Mary)
June 15, 2018 Filing 29 REPLY to Response to Motion re #19 MOTION to Dismiss . filed by PHC-Martinsville, Inc.. (Heard, Katherine)
June 8, 2018 Filing 28 Brief / Memorandum in Opposition re #19 MOTION to Dismiss . filed by Chijioke Kingsley Ofoche, MD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Strelka, Thomas)
May 17, 2018 Opinion or Order Filing 27 ORDER granting #26 Consent Motion for Extension of Time in Which to File Response to #19 PHC-Martinsville, Inc.'s Motion to Dismiss. Response due by 6/8/2018. Signed by Senior Judge Jackson L. Kiser on 5/17/2018. (mlh)
May 17, 2018 Filing 26 Consent MOTION for Extension of Time to File Response/Reply by Chijioke Kingsley Ofoche, MD. (Attachments: #1 Text of Proposed Order Proposed Consent Order for Extension of Time)(Strelka, Linda)
May 15, 2018 Opinion or Order Filing 25 ORDER granting #24 MOTION for Mark W. Peters and K. Coe Heard to Appear Pro Hac Vice. Attorneys Mark Warfield Peters, Katherine Coe Heard for PHC-Martinsville, Inc. added. Signed by Senior Judge Jackson L. Kiser on 5/15/2018. (mlh)
May 15, 2018 Filing 24 MOTION for Mark W. Peters and K. Coe Heard to Appear Pro Hac Vice. by PHC-Martinsville, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order Proposed Order)(Brown, Steven) Modified on 5/15/2018: Deputy Clerk removed referral of motion text to Judge Ballou. (mlh)
May 14, 2018 Filing 23 NOTICE of Hearing on Motions #7 MOTION to Dismiss and #19 MOTION to Dismiss: (CR) Motion Hearing set for 8/2/2018 at 03:00 PM in Danville before Senior Judge Jackson L. Kiser. (ham)
May 14, 2018 Filing 22 NOTICE of Requested Hearing by Attorney for Apogee Medical Group, Virginia, P.C., PHC-Martinsville, Inc. re #7 MOTION to Dismiss [19 & 20] Motion to Dismiss hearing date August 2, 2018, at 3:00 p.m., at U.S. District Court, US District Court for the Western District of Virginia - Danville Division, before Judge The Honorable Jackson L. Kiser. Confirmation notice to be sent by the Clerk's Office. (Davis, Mary)
May 11, 2018 Filing 21 Positive Corporate Disclosure Statement by PHC-Martinsville, Inc. (Brown, Steven)
May 11, 2018 Filing 20 Brief / Memorandum in Support re #19 MOTION to Dismiss . filed by PHC-Martinsville, Inc.. (Brown, Steven)
May 11, 2018 Filing 19 MOTION to Dismiss by PHC-Martinsville, Inc.. (Brown, Steven)
May 7, 2018 Filing 18 Notice Rescheduling Jury Trial previously set for 2/11/2019 - 2/13/2019 at 09:30 AM in Danville before Senior Judge Jackson L. Kiser: (CR) Jury Trial reset for 2/11/2019 - 2/14/2019 at 09:30 AM in Danville before Senior Judge Jackson L. Kiser. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ham)
May 4, 2018 Filing 17 NOTICE of Hearing: (CR) Jury Trial set for 2/11/2019 - 2/13/2019 at 09:30 AM in Danville before Senior Judge Jackson L. Kiser. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ham)
April 26, 2018 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time to Answer. PHC-Martinsville, Inc.'s answer due 5/11/2018. Signed by Senior Judge Jackson L. Kiser on 4/26/2018. (mlh)
April 25, 2018 Filing 15 Consent MOTION for Extension of Time to File Answer by PHC-Martinsville, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Brown, Steven)
April 25, 2018 Filing 14 NOTICE of Appearance by Steven David Brown on behalf of PHC-Martinsville, Inc. (Brown, Steven)
April 24, 2018 Filing 13 REPLY to Response to Motion re #7 MOTION to Dismiss . filed by Apogee Medical Group, Virginia, P.C.. (Davis, Mary)
April 20, 2018 Opinion or Order Filing 12 PRETRIAL ORDER, Order Referring Case to Magistrate Judge Robert S. Ballou. Signed by Senior Judge Jackson L. Kiser on 4/20/18. (ham)
April 20, 2018 Filing 11 Magistrate Consent Notice to Parties. (ham)
April 20, 2018 Filing 10 AFFIDAVIT of Service for Summons & Complaint served on Jabrel Samuel, R/A for PHC-Martinsville, Inc. on February 22, 2018, filed by Chijioke Kingsley Ofoche, MD. PHC-Martinsville, Inc. Answer due 3/15/2018. (Strelka, Thomas) Modified on 4/20/2018 - added answer due deadline (ham).
April 18, 2018 Filing 9 Brief / Memorandum in Opposition re #7 MOTION to Dismiss . filed by Chijioke Kingsley Ofoche, MD. (Attachments: #1 Exhibit A)(Strelka, Thomas)
April 6, 2018 Filing 8 70 Day Notice Letter as to Defendant PHC-Martinsville, Inc. sent to Plaintiff Chijioke Kingsley Ofoche, MD. (mlh)
April 4, 2018 Filing 7 MOTION to Dismiss and Memorandum in Support by Apogee Medical Group, Virginia, P.C.. (Attachments: #1 Memorandum of Law, #2 Exhibit Exhibit A)(Davis, Mary)
March 15, 2018 Opinion or Order Filing 6 STIPULATION AND ORDER granting #5 Consent Motion for Extension of Time to Answer. Apogee Medical Group, Virginia, P.C. answer due 4/6/2018. Signed by Senior Judge Jackson L. Kiser on 3/15/2018. (mlh)
March 14, 2018 Filing 5 Consent MOTION for Extension of Time to File Answer by Apogee Medical Group, Virginia, P.C.. (Attachments: #1 Text of Proposed Order Stipulation and Extension Order)(Davis, Mary)
March 14, 2018 Filing 4 Negative Corporate Disclosure Statement by Apogee Medical Group, Virginia, P.C. (Davis, Mary)
March 14, 2018 Filing 3 NOTICE of Appearance by Mary Elizabeth Davis on behalf of Apogee Medical Group, Virginia, P.C. (Davis, Mary)
January 26, 2018 Filing 2 Electronic Summons Issued as to Apogee Medical Group, Virginia, P.C., PHC-Martinsville, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachment: #1 Summons issued to PHC-Martinsville, Inc.)(mlh)
January 26, 2018 Filing 1 COMPLAINT against Apogee Medical Group, Virginia, P.C., PHC-Martinsville, Inc. (Filing & Administrative fee $ 400.00; pay.gov receipt number 0423-2826405), filed by Chijioke Kingsley Ofoche, MD. (Attachments: #1 EEOC Notice of Right to Sue, #2 Civil Cover Sheet)(mlh)

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Defendant: PHC-Martinsville, Inc.
Represented By: Steven David Brown
Represented By: Katherine Coe Heard
Represented By: Mark Warfield Peters
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Defendant: Apogee Medical Group, Virginia, P.C.
Represented By: Mary Elizabeth Davis
Represented By: Robert Madison Cary
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Plaintiff: Chijioke Kingsley Ofoche, MD
Represented By: Norvell Winston West, IV.
Represented By: Linda Leigh Strelka
Represented By: Thomas Eugene Strelka
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