Marietta Area Healthcare, Inc. et al v. King et al
Plaintiff: Marietta Memorial Hospital, Marietta Area Healthcare, Inc. and Marietta Healthcare Physicians, Inc.
Defendant: Michael D. Roberts, M.D. and Michael A. King
Case Number: 5:2021cv00025
Filed: February 16, 2021
Court: US District Court for the Northern District of West Virginia
Office: Wheeling Office
Presiding Judge: John Preston Bailey
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2021 Filing 27 VERIFICATION OF ATTORNEY ADMISSION to Attorney Max C. Gottlieb (nmm)
February 16, 2021 Filing 26 Case transferred in from District of West Virginia Southern; Case Number 2:20-cv-00639. (nmm)
February 16, 2021 Filing 25 TRANSMITTED CERTIFIED COPY of #24 Memorandum Opinion and Order to Clerk for the District Court for the Northern District of West Virginia, counsel of record and to any unrepresented party. (kew) [Transferred from West Virginia Southern on 2/16/2021.]
February 16, 2021 Opinion or Order Filing 24 MEMORANDUM OPINION AND ORDER The #13 Joint Motion to Dismiss or Transfer is GRANTED to the extent it requests transfer; it is directed that this matter be TRANSFERRED to the United States District Court for the Northern District of West Virginia, Wheeling Division; the #21 Motion for Leave to File Sur-Reply in Opposition to Defendants' Joint Motion to Dismiss or Transfer is TERMINATED AS MOOT. Signed by Judge Irene C. Berger on 2/16/2021. (cc: Clerk for the District Court for the Northern District of West Virginia; counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 2/16/2021.]
January 27, 2021 Opinion or Order Filing 23 SCHEDULING ORDER directing that the Scheduling Conference is CANCELLED and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 4/12/2021. Discovery requests to be completed by 11/30/2021. All discovery due by 12/28/2021. Depositions to be completed by 1/25/2022. Expert Witness List by parties bearing the burden of proof due by 10/1/2021, by party not bearing burden of proof due by 10/29/2021, and to solely contradict or rebut evidence due by 11/19/2021. Dispositive Motions except those filed under Rule 12(b) due by 2/15/2022. Settlement Meeting to be held at least 45 days prior to the Pretrial Conference. Mediation must be concluded at least 30 days prior to the Pretrial Conference. Rule 26(a)(3) Disclosures to be completed at least 30 days prior to the Pretrial Conference. Motions in Limine to be filed by 3/25/2022, with responses due by 4/1/2022. Proposed Voir Dire, Jury Instructions, and Verdict Form due by 4/25/2022. Plaintiff's portion of proposed Pretrial Order to defendants due by 4/21/2022. Proposed integrated pretrial order due by 4/28/2022. Pretrial Conference/Final Settlement Conference to be held on 5/5/2022 at 9:00 a.m. Jury Trial set for 5/16/2022 at 9:00 AM in Charleston before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 1/27/2021. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 2/16/2021.]
January 26, 2021 Filing 22 RULE 26(f) REPORT OF PLANNING MEETING by Marietta Area Healthcare, Inc., Marietta Healthcare Physicians, Inc., Marietta Memorial Hospital, Michael A. King, Michael D. Roberts, M.D. (Hissam, Michael) (Modified on 1/27/2021 to add party filers) (ts). [Transferred from West Virginia Southern on 2/16/2021.]
January 26, 2021 Filing 21 MOTION by Marietta Area Healthcare, Inc., Marietta Healthcare Physicians, Inc., Marietta Memorial Hospital for Leave to File Sur-Reply in Opposition to Defendants' Joint Motion to Dismiss or Transfer with proposed document attached (Attachment: #1 Proposed Sur-reply)(Hissam, Michael) [Transferred from West Virginia Southern on 2/16/2021.]
January 19, 2021 Filing 20 JOINT REPLY by Michael A. King, Michael D. Roberts, M.D. to #19 Response In Opposition. (Flanagan, J.) [Transferred from West Virginia Southern on 2/16/2021.]
January 12, 2021 Filing 19 RESPONSE by Marietta Area Healthcare, Inc., Marietta Healthcare Physicians, Inc., Marietta Memorial Hospital in opposition to #13 JOINT MOTION by Michael A. King, Michael D. Roberts, M.D. to Dismiss #4 Complaint (Hissam, Michael) [Transferred from West Virginia Southern on 2/16/2021.]
January 4, 2021 Opinion or Order Filing 18 ORDER granting Plaintiffs' #17 UNOPPOSED MOTION to Extend Time. Plaintiffs' response to Defendants' #13 JOINT MOTION to Dismiss or Transfer is due no later than 1/12/2021. Signed by Judge Irene C. Berger on 1/4/2021. (cc: counsel of record; any unrepresented party) (arb) [Transferred from West Virginia Southern on 2/16/2021.]
December 31, 2020 Filing 17 UNOPPOSED MOTION by Marietta Area Healthcare, Inc., Marietta Healthcare Physicians, Inc., Marietta Memorial Hospital to Extend Time to File Response as to #13 JOINT MOTION by Michael A. King, Michael D. Roberts, M.D. to Dismiss #4 Complaint to January 12, 2021 (Attachment: #1 Proposed Order)(Gottlieb, Max) [Transferred from West Virginia Southern on 2/16/2021.]
December 23, 2020 Filing 16 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Michael D. Roberts, M.D. (Flanagan, J.) [Transferred from West Virginia Southern on 2/16/2021.]
December 23, 2020 Opinion or Order Filing 15 ORDER AND NOTICE: Rule 12(b) Motions 1/13/2021. Rule 26(f) Meeting 1/20/2021. Last day to file report of Rule 26(f) Meeting 1/27/2021. Scheduling Conference at 02:00 PM on 2/10/2021 in Charleston. Entry of Scheduling Order 2/17/2021. Last Day to make Rule 26(a)(1) disclosures 2/24/2021 Signed by Judge Irene C. Berger on 12/23/2020. (cc: counsel of record; any unrepresented party) (mk) [Transferred from West Virginia Southern on 2/16/2021.]
December 22, 2020 Filing 14 MEMORANDUM by Michael A. King, Michael D. Roberts, M.D. in support of #13 JOINT MOTION by Michael A. King, Michael D. Roberts, M.D. to Dismiss #4 Complaint. (Flanagan, J.) [Transferred from West Virginia Southern on 2/16/2021.]
December 22, 2020 Filing 13 JOINT MOTION by Michael A. King, Michael D. Roberts, M.D. to Dismiss #4 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Flanagan, J.) (Modified on 12/23/2020 to add link to #4 complaint) (ts). [Transferred from West Virginia Southern on 2/16/2021.]
December 17, 2020 Filing 12 NOTICE of Withdrawal and Substitution of Counsel by Michael A. King (Pogue, David) [Transferred from West Virginia Southern on 2/16/2021.]
December 1, 2020 RESET ANSWER DEADLINE as to Michael A. King and Michael D. Roberts, M.D. for 12/23/2020. (ts) [Transferred from West Virginia Southern on 2/16/2021.]
December 1, 2020 Filing 11 STIPULATION EXTENDING TIME to Answer or Otherwise Respond to the #4 Complaint by Michael A. King, Michael D. Roberts, M.D., Marietta Healthcare Physicians, Inc., Marietta Area Healthcare, Inc., Marietta Memorial Hospital (Pogue, David) (Modified on 12/2/2020 to add link to #4 complaint and to add party filers) (ts). [Transferred from West Virginia Southern on 2/16/2021.]
November 2, 2020 Filing 10 WAIVER OF SERVICE EXECUTED. Waiver signed by Michael A. King on 10/13/2020. Michael A. King waiver mailed on 10/9/2020, answer due 12/8/2020. (Gottlieb, Max) [Transferred from West Virginia Southern on 2/16/2021.]
November 2, 2020 Filing 9 WAIVER OF SERVICE EXECUTED. Waiver signed by Michael D. Roberts on 10/12/2020. Michael D. Roberts, M.D. waiver mailed on 10/9/2020, answer due 12/8/2020. (Gottlieb, Max) [Transferred from West Virginia Southern on 2/16/2021.]
October 9, 2020 Filing 8 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS (Form 1A) by Marietta Healthcare Physicians, Inc., Marietta Area Healthcare, Inc., Marietta Memorial Hospital for Dr. Michael A. King, Michael D. Roberts, M.D., with proposed WAIVER OF SERVICE OF SUMMONS FORM (Form 1B). (Hissam, Michael) [Transferred from West Virginia Southern on 2/16/2021.]
September 29, 2020 NOTICE OF DOCKET CORRECTION re: #6 Standing Order. ERROR: Incorrect Standing Order entered. CORRECTION: Image removed at ECF #6 and correct Standing Order entered at ECF #7. (ts) [Transferred from West Virginia Southern on 2/16/2021.]
September 29, 2020 Filing 7 ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 2/16/2021.]
September 28, 2020 Filing 6 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 9/29/2020 to remove image; see entry #7 for Standing Order) (ts). [Transferred from West Virginia Southern on 2/16/2021.]
September 28, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to Michael A. King and Michael D. Roberts, M.D., re: #4 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons as to Michael D. Roberts, M.D.) (mms) [Transferred from West Virginia Southern on 2/16/2021.]
September 25, 2020 CASE assigned to Judge Irene C. Berger. (klc) [Transferred from West Virginia Southern on 2/16/2021.]
September 25, 2020 Filing 4 COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7749541. (Attachments: #1 Exhibit A, #2 Proposed Summons as to Michael A. King, #3 Proposed Summons as to Michael D. Roberts, M.D. #4 Civil Cover Sheet) (mms) [Transferred from West Virginia Southern on 2/16/2021.]
September 25, 2020 Filing 3 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Marietta Memorial Hospital. (Hissam, Michael) (Modified on 9/28/2020 to correct party filer) (kew). [Transferred from West Virginia Southern on 2/16/2021.]
September 25, 2020 Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Marietta Healthcare Physicians, Inc. (Hissam, Michael) (Modified on 9/28/2020 to correct party filer) (kew). [Transferred from West Virginia Southern on 2/16/2021.]
September 25, 2020 Filing 1 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Marietta Area Healthcare, Inc. (Hissam, Michael) [Transferred from West Virginia Southern on 2/16/2021.]

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Defendant: Michael D. Roberts, M.D.
Represented By: David R. Pogue
Represented By: Ashley Justice Tucker
Represented By: J. Victor Flanagan
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Defendant: Michael A. King
Represented By: David R. Pogue
Represented By: Susan R. Snowden
Represented By: Evan R. Kime
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Plaintiff: Marietta Memorial Hospital
Represented By: Isaac Ralston Forman
Represented By: Michael B. Hissam
Represented By: Max C. Gottlieb
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Plaintiff: Marietta Area Healthcare, Inc.
Represented By: Isaac Ralston Forman
Represented By: Michael B. Hissam
Represented By: Max C. Gottlieb
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Plaintiff: Marietta Healthcare Physicians, Inc.
Represented By: Isaac Ralston Forman
Represented By: Michael B. Hissam
Represented By: Max C. Gottlieb
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