Smith v. Twin County Regional Healthcare et al
| Joshua Lee Smith |
| Twin County Regional Healthcare, Four Unnamed Doctors and Nurses of Twin County Regional Healthcare, Karl R. Hade, Judge F, Carroll County Sheriff, Kevin A. Kemp, Five Unnamed Police Deputies Of Carroll County Sheriff's Office, New River Valley Regional Jail Authority, Three Unnamed Officers Of New River Valley Regional Jail, Doe Officers 4 and 5, Maribel Rodriguez-Martinez, M.D., Laura B Leonard, R.N., Crystal N. Coleman, R.N., Teresa L. White, Two Unnamed Nurses, Hon. Jeffrey L. Wright, Deputy Keith A. Musser, Deputy Christopher R. Mabry, Deputy Anthony G. Horton, Two Unnamed Deputies Y and Z, Mary Stewart, Jolen Mabrey, Roberta Webb, Derek Trenar, Nikolas McGrady, Justin Archer, Veronica Loop, Derek Tolbert, Brian Cotts, Melissa Edwards, John Mcneely, Ashley Umberger, Shaun Benzel, Benjamin Watkins and Doe Individuals 6-10 |
| 7:2022cv00238 |
| May 3, 2022 |
| US District Court for the Western District of Virginia |
| Robert S Ballou |
| Elizabeth K Dillon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 Notice of Filing Requirement - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (sln) |
| Filing 56 ANSWER to Complaint #1 Complaint,, with JURY DEMAND by Twin County Regional Healthcare.(Balding, Brandy) |
Filing 55
ORDER granting in part and denying in part #36 Motion for Discovery; ORDER grants #38 Motion to extend the service period by 30 days; ORDER granting in part and denying in part #41 Motion for Extension of Time to File Document; ORDER granting #42 Motion for Extension of Time to File Document. Signed by Magistrate Judge Robert S. Ballou on 07/18/2022. (sln)
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| Filing 54 RESPONSE in Opposition re #36 Second MOTION for Discovery . filed by Karl R. Hade. (Kelly, Sheri) |
| Filing 53 Brief / Memorandum in Support re #52 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim . filed by Karl R. Hade. (Kelly, Sheri) |
| Filing 52 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Karl R. Hade. (Kelly, Sheri) |
| Filing 51 Electronic Summons Issued as to Jeffrey Lyle Wright 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. (Attachments: #1 Electronic Summons Issued as to Chrystal N. Coleman, #2 Electronic Summons Issued as to Laura Beth Leonard, #3 Electronic Summons Issued as to Teresa White, #4 Electronic Summons Issued as to Maribel Rodriguez-Martinez)(sln) Modified docket text to correct name on 7/13/2022 (sln). |
| Filing 50 Proposed Summons for Maribel Rodriguez-Martinez by Joshua Lee Smith (Goin, Lucia) |
| Filing 49 Proposed Summons for Teresa L. White by Joshua Lee Smith (Goin, Lucia) |
| Filing 48 Proposed Summons for Laura B. Leonard by Joshua Lee Smith (Goin, Lucia) |
| Filing 47 Proposed Summons for Crystal N. Coleman by Joshua Lee Smith (Goin, Lucia) |
| Filing 46 Proposed Summons for Jeffrey L. Wright by Joshua Lee Smith (Goin, Lucia) |
| Filing 45 NOTICE of Appearance by Brandy Burnette Balding on behalf of Twin County Regional Healthcare (Balding, Brandy) |
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Filing 44
ORDER granting #35 MOTION to Appear Pro Hac Vice Attorney Charles Eric Stevens for Twin County Regional Healthcare added. Signed by Magistrate Judge Robert S. Ballou on 07/11/2022. (sln)
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| Filing 43 AFFIDAVIT of Service for Summons and Complaint served on Twin County Regional Healthcare on June 28, 2022, filed by Joshua Lee Smith.(Goin, Lucia) |
| Filing 42 Joint MOTION for Extension of Time to File Response by Joshua Lee Smith. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Goin, Lucia) |
| Filing 41 Joint MOTION for Extension of Time to File Response by Joshua Lee Smith. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Goin, Lucia) |
| Filing 40 RESPONSE in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction . filed by Joshua Lee Smith. (Goin, Lucia) |
| Filing 39 Brief / Memorandum in Support re #38 MOTION Extension of Time to Serve Defendants . filed by Joshua Lee Smith. (Goin, Lucia) |
| Filing 38 MOTION Extension of Time to Serve Defendants by Joshua Lee Smith. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Goin, Lucia) |
| Filing 37 Brief / Memorandum in Support re #36 Second MOTION for Discovery . filed by Joshua Lee Smith. (Attachments: #1 Exhibit Proposed Interrogatories)(Goin, Lucia) |
| Filing 36 Second MOTION for Discovery by Joshua Lee Smith. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Goin, Lucia) |
| Filing 35 MOTION for C. Eric Stevens to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3985322. by Twin County Regional Healthcare. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Weipert, Laura) |
| Filing 34 NOTICE of Appearance by Laura Ann Weipert on behalf of Twin County Regional Healthcare (Weipert, Laura) |
| Filing 33 NOTICE of Appearance by Coreen A. Silverman on behalf of Twin County Regional Healthcare (Silverman, Coreen) |
| Filing 32 NOTICE of Appearance by Emily Kristin Stubblefield on behalf of New River Valley Regional Jail Authority (Stubblefield, Emily) |
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Filing 31
ORAL ORDER finding as moot #29 Motion for Extension of Time to File Document. Given that Plaintiff filed an Amended Complaint on June 29, 2022, Rule 15(a)(3) of the Federal Rules of Civil Procedure provide Defendant Kemp an additional 14 days after service of the amended pleading to file a responsive pleading. Entered by Magistrate Judge Robert S. Ballou on 6/30/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(lg)
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| Filing 30 AMENDED COMPLAINT against All Defendants, filed by Joshua Lee Smith.(Goin, Lucia) |
| Filing 29 MOTION for Extension of Time to File Responsive Pleading by Carroll County Sheriff, Kevin A. Kemp. Motions referred to Judge Robert S. Ballou. (Harf, Julian) |
| Filing 28 NOTICE of Appearance by Julian Friedman Harf on behalf of Carroll County Sheriff, Kevin A. Kemp (Harf, Julian) Replaced deficient pdf document with flattened pdf document (Main Document 28 replaced on 6/30/2022) (sln). |
| Filing 27 Electronic Summons Issued as to Twin County Regional Healthcare 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.(sln) |
| Filing 26 Proposed Summons for Twin County Regional Healthcare by Joshua Lee Smith (Goin, Lucia) |
| Filing 25 Brief / Memorandum in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction . filed by Karl R. Hade. (Kelly, Sheri) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction by Karl R. Hade. (Kelly, Sheri) |
| Filing 23 NOTICE of Appearance by Sheri Hiter Kelly on behalf of Karl R. Hade (Kelly, Sheri) |
| Filing 22 AFFIDAVIT of Service for Complaint and Summons served on Twin County Regional Healthcare on June 8, 2022, filed by Joshua Lee Smith.(Goin, Lucia) |
| Filing 21 AFFIDAVIT of Service for Complaint and Summons served on Kevin A. Kemp on June 8, 2022, filed by Joshua Lee Smith.(Goin, Lucia) |
| Filing 20 AFFIDAVIT of Service for Complaint and Summons served on Karl R. Hade on June 6, 2022, filed by Joshua Lee Smith.(Goin, Lucia) |
| Filing 19 AFFIDAVIT of Service for Complaint and Summons served on New River Valley Regional Jail Authority on June 6, 2022, filed by Joshua Lee Smith.(Goin, Lucia) |
| Filing 18 Electronic Summons Issued as to Twin County Regional Healthcare 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. (Attachments: #1 Electronic Summons Issued as to Karl R. Hade, #2 Electronic Summons Issued as to Carroll County Sherriff, Kevin A. Kemp, #3 Electronic Summons Issued as to New River Valley Regional Jail Authority)(sln) |
| Filing 17 Proposed Summons for New River Valley Regional Jail Authority by Joshua Lee Smith (Hatton, Marissa) (Main Document 17 replaced on 5/31/2022) Replaced deficient pdf document with flattened pdf document(sln). |
| Filing 16 Proposed Summons for Executive Secretary Karl R. Hade by Joshua Lee Smith (Hatton, Marissa) (Main Document 16 replaced on 5/31/2022) Replaced deficient pdf document with flattened pdf document (sln). |
| Filing 15 Proposed Summons for Twin County Regional Healthcare by Joshua Lee Smith (Hatton, Marissa) (Main Document 15 replaced on 5/31/2022) Replaced deficient pdf document with flattened pdf document (sln). |
| Filing 14 Proposed Summons for Carroll County Sheriff Kevin A. Kemp by Joshua Lee Smith (Hatton, Marissa) (Main Document 14 replaced on 5/31/2022) Replaced deficient pdf document with flattened pdf document(sln). |
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Filing 13
ORDER denying #5 Plantiff's Motion for Leave to Conduct Expedited Discovery. Signed by Magistrate Judge Robert S. Ballou on 05/11/2022. (sln)
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| Filing 12 NOTICE of Appearance by Lucia Goin on behalf of Joshua Lee Smith (Goin, Lucia) (Main Document 12 replaced on 5/10/2022) (sln). Replaced deficient pdf document with flattened pdf document Modified on 5/10/2022 (sln). |
| Filing 11 NOTICE of Appearance by Marissa Hatton on behalf of Joshua Lee Smith (Hatton, Marissa) (Main Document 11 replaced on 5/10/2022) (sln). Replaced deficient pdf document with flattened pdf document Modified on 5/10/2022 (sln). |
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Filing 10
ORAL ORDER granting #4 MOTION to Appear Pro Hac Vice Attorney Aderson Bellegarde Francois for Joshua Lee Smith. Entered by Judge Elizabeth K. Dillon on 05/05/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(sln)
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Filing 9
ORAL ORDER granting #3 MOTION to Appear Pro Hac Vice for Lucia Goin. Entered by Judge Elizabeth K. Dillon on 05/05/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(sln)
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Filing 8
ORAL ORDER granting #2 MOTION to Appear Pro Hac Vice for Marissa Hatton. Entered by Judge Elizabeth K. Dillon on 5/5/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(sln)
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Filing 7
Order Referring all nondispositive pretrial motions and issues to United States Magistrate Judge Robert S. Ballou pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Elizabeth K. Dillon on 05/05/2022. (sln)
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| Filing 6 Brief / Memorandum in Support re #5 MOTION for Discovery (Expedited) . filed by Joshua Lee Smith. (Erlich, Joshua) |
| Filing 5 MOTION for Discovery (Expedited) by Joshua Lee Smith. Motion referred to United States Magistrate Judge Robert S. Ballou per chambers. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua) Modified docket text to illustrate this motion referred on 5/5/2022 (sln). |
| Filing 4 MOTION for Aderson Bellegarde Francois to Appear Pro Hac Vice. Filing fee $ 100. receipt number AVAWDC-3942657 by Joshua Lee Smith. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua) Modified on 5/4/2022 to add receipt number (ams). |
| Filing 3 MOTION for Lucia Goin to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3942675. by Joshua Lee Smith. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua) |
| Filing 2 MOTION for Marissa Hatton to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3942668. by Joshua Lee Smith. (Attachments: #1 Text of Proposed Order)(Erlich, Joshua) |
| Filing 1 COMPLAINT against Carroll County Sheriff, Kevin A. Kemp, Doe Officers 4 and 5, Five Unnamed Police Deputies Of Carroll County Sheriff's Office, Four Unnamed Doctors and Nurses of Twin County Regional Healthcare, Karl R. Hade, Judge F, New River Valley Regional Jail Authority, Three Unnamed Officers Of New River Valley Regional Jail, Twin County Regional Healthcare (Filing & Administrative fee $ 402 receipt number AVAWDC-3942336.), filed by Joshua Lee Smith. (Attachments: #1 Attachment A: Supplement, #2 Civil Cover Sheet)(sln) |
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