KUTSENKOW v. FUSCARDO et al
| KATHLEEN M. KUTSENKOW |
| JESAMYN L. FUSCARDO, BRITTANY HOARD, GREENBRIER EMERGENCY PHYSICIANS, INC. and Weirton Medical Center |
| 5:2021cv00205 |
| December 13, 2021 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 68
ORDER DENYING #50 MOTION TO DISMISS PLAINTIFF'S PUNITIVE DAMAGES CLAIMS ON BEHALF OF JESAMYN L. FUSCARDO, D.O., BRITTANY HOARD, NP, AND GREENBRIER EMERGENCY PHYSICIANS, INC. Signed by District Judge John Preston Bailey on 2/3/2022. (nmm)
|
|
Filing 67
ORDER DENYING DEFENDANT WEIRTON MEDICAL CENTER'S 46 MOTION TO DISMISS PLAINTIFFS PUNITIVE CLAIM. Signed by District Judge John Preston Bailey on 2/2/2022. (nmm)
|
| Filing 66 REPLY to Response to Motion re #50 MOTION to Dismiss Plaintiff's Punitive Damages Claims filed by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Lewis, Austin) |
| Filing 65 REPLY to Response to Motion re 46 MOTION to Dismiss Punitive Damages Claim filed by Weirton Medical Center. (Connelly Zarisky, Katlin) |
|
Filing 64
SCHEDULING ORDER: Joinder & Amendments due by 4/4/2022; Discovery due by 12/15/2022; Motions due by 1/10/2023; Responses due by 1/31/2023; Replies due by 2/14/2023; Joint Pretrial Order due by 3/13/2023; Final Pretrial Conference set for 3/20/2023 02:00 PM in Wheeling, WV; Jury Selection/Jury Trial set for 3/28/2023 09:00 AM in Wheeling, WV. Signed by District Judge John Preston Bailey on 1/31/2022. (nmm)
|
|
Filing 63
ORDER: it is hereby ORDERED that plaintiff Kathleen M. Kutsenkow, in her own right is DISMISSED from the above-styled case and Kathleen M. Mutsenkow, in her own right shall be removed from the case caption; the #52 Motion to Dismiss Kathleen M. Kutsenkow in her Individual Capacity and and #54 Defendant Weirton Medical Centers Notice of Joinder in Motion to Dismiss Kathleen M. Kutsenkow in her Individual Capacity are hereby DENIED AS MOOT. Signed by District Judge John Preston Bailey on 1/31/2022. (nmm)
|
| Filing 62 REPORT of Rule 26(f) Planning Meeting. (Lewis, Austin) |
| Filing 61 Corporate Disclosure Statement by GREENBRIER EMERGENCY PHYSICIANS, INC.. (Lewis, Austin) (Main Document 61 replaced on 1/28/2022 to attach non-fillable pdf) (nmm). Modified on 1/28/2022; NEF Regenerated (nmm). |
|
Filing 60
ORDER granting #36 Motion for Leave to Appear Pro Hac Vice for Jason E. Luckasevic. Signed by District Judge John Preston Bailey on 1/28/2022. (nmm)
|
| Filing 59 Corporate Disclosure Statement by Weirton Medical Center. (Connelly Zarisky, Katlin) |
| Filing 58 RESPONSE in Opposition re #52 MOTION to Dismiss Kathleen M. Kutsenkow in her Individual Capacity, #54 MOTION for Joinder in Motion Dismiss Kathleen M. Kutenkow in her Individual Capactiy filed by KATHLEEN M. KUTSENKOW. (McAllister, Brian) |
| Filing 57 RESPONSE in Opposition re #50 MOTION to Dismiss Plaintiff's Punitive Damages Claims, 46 MOTION to Dismiss filed by KATHLEEN M. KUTSENKOW. (McAllister, Brian) |
| Filing 56 STIPULATION and Proposed Order To Amend Case Caption by KATHLEEN M. KUTSENKOW. (Stryker, Elizabeth) Modified event type to make it a pending motion to amend on 1/27/2022; NEF Regenerated (nmm). |
| Filing 55 VERIFICATION OF ATTORNEY ADMISSION to Attorney Katlin Connelly Zarisky (nmm) |
| Filing 54 MOTION for Joinder in Motion Dismiss Kathleen M. Kutenkow in her Individual Capactiy by Weirton Medical Center. (Olszewski, Edmund) |
| Filing 53 Memorandum in Support re #52 MOTION to Dismiss Kathleen M. Kutsenkow in her Individual Capacity filed by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Lewis, Austin) |
| Filing 52 MOTION to Dismiss Kathleen M. Kutsenkow in her Individual Capacity by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Attachments: #1 Proposed Order)(Lewis, Austin) |
| Filing 51 Memorandum in Support re #50 MOTION to Dismiss Plaintiff's Punitive Damages Claims filed by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Lewis, Austin) |
| Filing 50 MOTION to Dismiss Plaintiff's Punitive Damages Claims by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Attachments: #1 Proposed Order)(Lewis, Austin) |
| Filing 49 ANSWER to #40 Amended Complaint by BRITTANY HOARD. (Attachments: #1 Civil Cover Sheet)(Lewis, Austin) |
| Filing 48 ANSWER to #40 Amended Complaint by GREENBRIER EMERGENCY PHYSICIANS, INC.. (Attachments: #1 Civil Cover Sheet)(Lewis, Austin) |
| Filing 47 ANSWER to #40 Amended Complaint by JESAMYN L. FUSCARDO. (Attachments: #1 Civil Cover Sheet)(Lewis, Austin) |
| Filing 46 PAPERLESS MOTION to Dismiss by Weirton Medical Center, incorporated within #44 Answer to Amended Complaint. (filed as paperless Motion per Chambers to be included as a pending Motion) (nmm) . |
|
Filing 45
ORDER GRANTING #43 MOTION TO WITHDRAW: Anthony J. Williot is hereby TERMINATED from representing the defendants. Signed by District Judge John Preston Bailey on 1/21/2022. (nmm)
|
| Filing 44 ANSWER to #40 Amended Complaint and Motion to Dismiss Plaintiff's Punitive Damage Claim by Weirton Medical Center.(Olszewski, Edmund) |
| Filing 43 MOTION to Withdraw as Attorney Anthony Williott by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Lewis, Austin) |
|
Filing 42
ORDER GRANTING #41 MOTION TO WITHDRAW: Attorney Shannon Voll Poliziani is hereby TERMINATED from representing the defendant. Signed by District Judge John Preston Bailey on 1/18/2022. (nmm)
|
| Filing 41 NOTICE by Weirton Medical Center Praecipe to Withdraw Appearance (Olszewski, Edmund) Modified event type to pending motion on 1/14/2022; NEF Regenerated (nmm). |
| Filing 40 AMENDED COMPLAINT against All Defendants, filed by KATHLEEN M. KUTSENKOW.(McAllister, Brian) |
|
Filing 39
FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING CONFERENCE: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 2/3/2022; Rule 26 Meeting Report due by 2/17/2022; Initial Disclosures due by 3/3/2022. Signed by District Judge John Preston Bailey on 1/6/2022. (nmm)
|
|
Filing 38
ORDER GRANTING #34 MOTION TO AMEND AND DENYING WITHOUT PREJUDICE #33 MOTION TO DISMISS. Signed by District Judge John Preston Bailey on 1/6/2022. (nmm)
|
| Filing 37 Pro Hac Vice Filing fee for Jason Luckasevic: $ 200.00, receipt number WVNW002885 (nmm) |
| Filing 36 Motion for Leave to Appear Pro Hac Vice for Jason E. Luckasevic on behalf of KATHLEEN M. KUTSENKOW (McAllister, Brian) Modified event type on 1/5/2022; NEF Regenerated (nmm). |
| Filing 35 RESPONSE in Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KATHLEEN M. KUTSENKOW. (McAllister, Brian) |
| Filing 34 MOTION for Leave to File Plaintiff's First Amended Complaint by KATHLEEN M. KUTSENKOW. (Attachments: #1 Exhibit A)(McAllister, Brian) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Weirton Medical Center. (Olszewski, Edmund) |
| Filing 32 NOTICE of Appearance by Edmund Olszewski on behalf of Weirton Medical Center (Olszewski, Edmund) |
| Filing 31 ANSWER to #1 Complaint, with Civil Cover Sheet by GREENBRIER EMERGENCY PHYSICIANS, INC.. (Attachments: #1 Civil Cover Sheet)(White-Farrell, Tammy) |
| Filing 30 ANSWER to #1 Complaint, with Civil Cover Sheet by BRITTANY HOARD. (Attachments: #1 Civil Cover Sheet)(White-Farrell, Tammy) |
| Filing 29 ANSWER to #1 Complaint, with Civil Cover Sheet by JESAMYN L. FUSCARDO. (Attachments: #1 Civil Cover Sheet)(White-Farrell, Tammy) |
| Filing 28 NOTICE of Appearance by Elizabeth L. Stryker on behalf of All Plaintiffs (Stryker, Elizabeth) |
| Filing 27 NOTICE of Appearance by Brian J McAllister on behalf of All Plaintiffs (McAllister, Brian) |
| Filing 26 DOCKET CORRECTION/PAPERLESS NOTICE: Attorney Tammy White-Farrell has been identified as admitted to WVND as Tamela J. White (nmm) |
| Filing 25 VERIFICATION OF ATTORNEY ADMISSION to Attorneys Luckasevic, Williott and White-Farrell (nmm) |
| Filing 24 Case transferred in from District of Pennsylvania Western; Case Number 2:21-cv-00391. (nmm) |
|
Filing 23
MEMORANDUM OPINION AND ORDER. IT IS HEREBY ORDERED that Defendants' #16 Motion to Dismiss and #18 Motion to Dismiss are GRANTED to the extent they argue that, under 28 U.S.C. 1391, venue is improper in the Western District of Pennsylvania and request that, under 28 U.S.C. 1406(a), this action be transferred to the Northern District of West Virginia. Accordingly, IT IS FURTHER ORDERED that this case is transferred forthwith to the Northern District of West Virginia. Signed by Judge Christy Criswell Wiegand on 12/10/2021. (jmm) [Transferred from Pennsylvania Western on 12/13/2021.]
|
| Filing 22 REPLY to Response to Motion re #21 Brief in Opposition to Motion, #19 Brief in Support of Motion, #18 Motion to Dismiss, filed by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Lewis, Austin) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 21 BRIEF in Opposition re #18 Motion to Dismiss, to Defendant Fuscardo, Hoard and Greenbrier's Motion to Dismiss filed by KATHLEEN M. KUTSENKOW. (Attachments: #1 Exhibit, #2 Proposed Order) (Luckasevic, Jason) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 20 BRIEF in Opposition re #16 Motion to Dismiss,, Motion to Change Venue, to Defendant Weirton Medical Center's Motion to Dismiss filed by KATHLEEN M. KUTSENKOW. (Attachments: #1 Exhibit, #2 Proposed Order) (Luckasevic, Jason)[Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 19 BRIEF in Support re #18 Motion to Dismiss, Due to Improper Venue and for Lack of Personal Jurisdiction filed by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Lewis, Austin) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 18 MOTION to Dismiss Due to Improper Venue and for Lack of Personal Jurisdiction by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Attachments: #1 Certification and Notice for Filing Pretrial Motions Certificate of Conference, #2 Proposed Order) (Lewis, Austin) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 17 BRIEF in Support re #16 Motion to Dismiss,, Motion to Change Venue, filed by WEIRTON MEDICAL CENTER. (Connelly Zarisky, Katlin) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 16 MOTION to Dismiss or in the Alternative, MOTION to Change Venue by WEIRTON MEDICAL CENTER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order, #4 Proposed Order, #5 Certification and Notice for Filing Pretrial Motions, #6 Certificate of Service) (Connelly Zarisky, Katlin) [Transferred from Pennsylvania Western on 12/13/2021.] |
|
Filing 15
ORDER GRANTING #13 Motion for Tamela J. White to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 5/11/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) [Transferred from Pennsylvania Western on 12/13/2021.]
|
|
Filing 14
ORDER GRANTING #12 Motion for Austin T. Lewis to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 5/11/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) [Transferred from Pennsylvania Western on 12/13/2021.]
|
| Filing 13 MOTION for attorney Tamela J. White to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6506662) by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (White, Tammy) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 12 MOTION for attorney Austin T. Lewis to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6506511) by JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Lewis, Austin) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 11 WAIVER OF SERVICE Returned Executed by KATHLEEN M. KUTSENKOW. GREENBRIER EMERGENCY PHYSICIANS, INC. waiver sent on 3/26/2021, answer due 5/25/2021. (Luckasevic, Jason) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by KATHLEEN M. KUTSENKOW. JESAMYN L. FUSCARDO waiver sent on 3/26/2021, answer due 5/25/2021. (Luckasevic, Jason) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by KATHLEEN M. KUTSENKOW. BRITTANY HOARD waiver sent on 3/26/2021, answer due 5/25/2021. (Luckasevic, Jason) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 8 NOTICE of Appearance by Anthony J. Williott on behalf of JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD. (Williott, Anthony) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 7 NOTICE of Appearance by Shannon Voll Poliziani on behalf of WEIRTON MEDICAL CENTER. (Poliziani, Shannon) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by KATHLEEN M. KUTSENKOW. WEIRTON MEDICAL CENTER waiver sent on 3/26/2021, answer due 5/25/2021. (Luckasevic, Jason) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 5 NOTICE of Appearance by Katlin Connelly Zarisky on behalf of WEIRTON MEDICAL CENTER. (Connelly Zarisky, Katlin) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 4 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. Signed by Judge Christy Criswell Wiegand on 3/25/2021. (drc) [Transferred from Pennsylvania Western on 12/13/2021.] |
|
Filing 3
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 03/25/2021. (drc) [Transferred from Pennsylvania Western on 12/13/2021.]
|
| Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. (drc) [Transferred from Pennsylvania Western on 12/13/2021.] |
| Filing 1 COMPLAINT against JESAMYN L. FUSCARDO, GREENBRIER EMERGENCY PHYSICIANS, INC., BRITTANY HOARD, WEIRTON MEDICAL CENTER (Filing fee, including Administrative fee, $402, receipt number APAWDC-6425932), filed by KATHLEEN M. KUTSENKOW. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet) (jjg) [Transferred from Pennsylvania Western on 12/13/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
