Johnson v. West Virginia University Board of Governors et al
Plaintiff: Timothy A. Johnston and Timothy A. Johnson
Defendant: West Virginia University Board of Governors, West Virginia University Medical Corporation doing business as University Health Associates - West Virginia Eye Institute, West Virginia University Hospitals, Inc., Ghassan Ghorayeb, M.D. and Lingo Lai, M.D.
Case Number: 2:2021cv00380
Filed: July 1, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2021 Opinion or Order Filing 32 NOTICE of New Opinion of Law Pertaining to Merits of Case by Timothy A. Johnson. (Attachment: #1 Errata)(Walters, Ronald)
August 24, 2021 Opinion or Order Filing 31 SCHEDULING ORDER: The Scheduling Conference previously scheduled for 8/23/2021 is CANCELLED. This case shall proceed as follows: Amending the pleadings or joining parties - 9/7/2021. Last date to serve discovery requests - 8/2/2022, and complete all depositions by 9/16/2022. Opening Rule 26 expert disclosures - 3/18/2022. Responsive Rule 26 expert disclosures - 4/18/2022. Rebuttal Rule 26 expert disclosure - 5/20/2022. Discovery to close - 9/16/2022. Dispositive motions deadline - 10/6/2022. Response to dispositive motion - 10/20/2022. Reply to response to dispositive motion - 10/27/2022. Settlement meeting - 12/7/2022. Motion in limine deadline - 12/14/2022. Responses for motions in limine - 12/21/2022. Proposed pretrial order to defendant - 12/12/2022. Integrated pretrial order - 12/19/2022. Pretrial Conference on 1/11/2023 at 9:00 AM. Proposed jury charge - 1/17/2023. Final settlement conference on 1/11/2023 at 9:00 AM. Trial on 1/24/2023 at 9:00 AM before the undersigned. Signed by Judge Thomas E. Johnston on 8/24/2021. (cc: counsel of record; any unrepresented party) (mk)
August 17, 2021 Opinion or Order Filing 30 RULE 26(f) REPORT OF PLANNING MEETING by West Virginia University Board of Governors, West Virginia University Medical Corporation, West Virginia University Hospitals, Inc., Ghassan Ghorayeb, M.D., Lingo Lai, M.D., Timothy A. Johnson. (Hayhurst, Jenny) (Modified on 8/18/2021 to add party filers) (kew).
August 12, 2021 Opinion or Order Filing 29 JOINT RESPONSE by Ghassan Ghorayeb, MD, Lingo Lai, MD, West Virginia University Board of Governors, West Virginia University Hospitals, Inc., West Virginia University Medical Corporation in opposition to #21 MOTION by Timothy A. Johnson to Stay and Change Venue. (Hayhurst, Jenny) (Modified on 8/12/2021 to remove link to #23 memorandum) (mkw).
August 11, 2021 Opinion or Order Filing 28 REPLY by West Virginia University Medical Corporation to #25 Memorandum In Opposition. (Schumacher, David)
August 10, 2021 Opinion or Order Filing 27 REPLY by West Virginia University Hospitals, Inc. to #24 Memorandum In Opposition. (Krupica, Lauren)
August 5, 2021 Opinion or Order Filing 26 REPLY by West Virginia University Board of Governors to #22 Memorandum in Opposition. (Hayhurst, Jenny) (Modified on 8/6/2021 to correct link) (kew).
August 4, 2021 Opinion or Order Filing 25 MEMORANDUM OF LAW by Timothy A. Johnson in opposition to #19 MOTION by West Virginia University Medical Corporation to Dismiss With Prejudice re: First Amended Complaint attached to #1 Notice of Removal. (Walters, Ronald)
August 3, 2021 Opinion or Order Filing 24 MEMORANDUM OF LAW by Timothy A. Johnson in opposition to #17 MOTION by West Virginia University Hospitals, Inc. to Dismiss #16 First Amended Complaint. (Walters, Ronald)
July 31, 2021 Opinion or Order NOTICE OF DOCKET CORRECTION re: #21 Motion by Timothy A. Johnson to Change Venue. ERROR: Memorandum in support was filed as attachment to motion. CORRECTION: Removed and filed separately. (mk)
July 30, 2021 Opinion or Order Filing 23 MEMORANDUM OF LAW by Timothy A. Johnson in support of #21 MOTION by Timothy A. Johnson to Change Venue. (mk)
July 30, 2021 Opinion or Order Filing 22 MEMORANDUM by Timothy A. Johnson in opposition to #14 MOTION by West Virginia University Board of Governors to Dismiss First Amended Complaint (Walters, Ronald)
July 30, 2021 Opinion or Order Filing 21 MOTION by Timothy A. Johnson to Change Venue (Walters, Ronald) (Modified on 7/31/2021 to convert event to motion to change venue, to remove attachment #1 memorandum in support and to remove link to #9 motion to stay) (mk).
July 27, 2021 Opinion or Order Filing 20 MEMORANDUM OF LAW by West Virginia University Medical Corporation in support of #19 MOTION by West Virginia University Medical Corporation to Dismiss With Prejudice re: First Amended Complaint attached to #1 Notice of Removal (Schumacher, David)
July 27, 2021 Opinion or Order Filing 19 MOTION by West Virginia University Medical Corporation to Dismiss With Prejudice re: First Amended Complaint attached to #1 Notice of Removal (Attachment: #1 Exhibit 1)(Schumacher, David) (Modified on 7/27/2021 to add link to #1 notice of removal)
July 23, 2021 Opinion or Order Filing 18 MEMORANDUM OF LAW by West Virginia University Hospitals, Inc. in support of #17 MOTION by West Virginia University Hospitals, Inc. to Dismiss #16 First Amended Complaint. (Krupica, Lauren)
July 23, 2021 Opinion or Order Filing 17 MOTION by West Virginia University Hospitals, Inc. to Dismiss #16 First Amended Complaint. (Krupica, Lauren) (Modified on 7/23/2021 to add link to #16 first amended complaint) (kew).
July 21, 2021 Opinion or Order Filing 16 FIRST AMENDED COMPLAINT from the Circuit Court of Kanawha County by Timothy A. Johnson. (Walters, Ronald)
July 20, 2021 Opinion or Order Filing 15 MEMORANDUM OF LAW by West Virginia University Board of Governors in support of #14 MOTION by West Virginia University Board of Governors to Dismiss First Amended Complaint. (Hayhurst, Jenny)
July 20, 2021 Opinion or Order Filing 14 MOTION by West Virginia University Board of Governors to Dismiss First Amended Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Hayhurst, Jenny) (Modified on 7/20/2021 to add link to #1 notice of removal) (kew).
July 19, 2021 Opinion or Order Filing 13 REPLY by Ghassan Ghorayeb, MD, Lingo Lai, MD, West Virginia University Board of Governors to #10 Response In Opposition. (Hayhurst, Jenny) (Modified on 7/19/2021 to remove links to #2 motion and #3 memorandum) (kew).
July 12, 2021 Opinion or Order Filing 12 MOTION by Timothy A. Johnson to File Under Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3a, #4 Exhibit 3b, #5 Exhibit 3c, #6 Exhibit 3d, #7 Exhibit 3e, #8 Exhibit 3f, #9 Exhibit 3g, #10 Exhibit 3h, #11 Exhibit 3i, #12 Exhibit 3j, #13 Exhibit 3k, #14 Exhibit 3l, #15 Exhibit 3m, #16 Exhibit 3n, #17 Exhibit 3o, #18 Exhibit 4a, #19 Exhibit 4b, #20 Exhibit 4c, #21 Exhibit 4d, #22 Exhibit 4e, #23 Exhibit 4f, #24 Exhibit 4g, #25 Exhibit 4h, #26 Exhibit 4i, #27 Exhibit 4j, #28 Exhibit 5)(Walters, Ronald)
July 12, 2021 Opinion or Order Filing 11 ORDER directing the parties to file any motions they want to be considered on this Court's docket; the Plaintiff is directed to file the operative Complaint in this matter. Signed by Judge Thomas E. Johnston on 7/12/2021. (cc: counsel of record; any unrepresented party) (kew)
July 12, 2021 Opinion or Order Filing 10 RESPONSE by Timothy A. Johnson in opposition to #2 MOTION by Ghassan Ghorayeb, M.D., Lingo Lai, M.D. to Dismiss Amended Complaint. (Walters, Ronald)
July 12, 2021 Opinion or Order Filing 9 MOTION by Timothy A. Johnson to Stay (Walters, Ronald)
July 12, 2021 Opinion or Order Filing 8 MOTION by Timothy A. Johnson for Leave to Exceed Memorandum Page Limitations. (Walters, Ronald)
July 7, 2021 Opinion or Order Filing 7 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christine S. Vaglienti updating name and/or firm information on behalf of West Virginia University Hospitals, Inc. (Vaglienti, Christine)
July 6, 2021 Opinion or Order Filing 6 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christine S. Vaglienti updating name and/or firm information on behalf of West Virginia University Hospitals, Inc. (Vaglienti, Christine)
July 6, 2021 Opinion or Order Filing 5 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 7/27/2021. Last day for Rule 26(f) meeting - 8/10/2021. Last day to file Report of Parties' Planning Meeting - 8/17/2021. Telephonic Scheduling Conference at 2:00 PM on 8/23/2021, before the undersigned, unless canceled. Entry of Scheduling Order - 8/27/2021. Last day to serve FR Civ P 26(a)(1) disclosures - 9/7/2021. Signed by Judge Thomas E. Johnston on 7/6/2021. (cc: counsel of record; any unrepresented party) (mfo)
July 2, 2021 Opinion or Order Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (ts)
July 2, 2021 Opinion or Order Filing 3 MEMORANDUM OF LAW by Ghassan Ghorayeb, MD, Lingo Lai, MD, in support of #2 MOTION by Ghassan Ghorayeb, M.D., Lingo Lai, M.D. to Dismiss Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hayhurst, Jenny) (Modified on 7/3/2021 to remove party filer)
July 2, 2021 Opinion or Order Filing 2 MOTION by Ghassan Ghorayeb, M.D., Lingo Lai, M.D. to Dismiss Amended Complaint Attached to #1 Notice of Removal. (Hayhurst, Jenny) (Modified on 7/3/2021 to remove party filer) (mk).
July 2, 2021 Opinion or Order MOTION REFERRED to Chief Judge Thomas E. Johnston: #2 MOTION by Ghassan Ghorayeb, MD, Lingo Lai, MD, West Virginia University Board of Governors to Dismiss With Prejudice. (ts)
July 1, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Lingo Lai, MD, Ghassan Ghorayeb, MD with summons, complaint, first amended complaint, docket sheet, and other miscellaneous documents from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-7980188. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit B, #6 Exhibit C, #7 Civil Cover Sheet) (lca)
July 1, 2021 Opinion or Order CASE assigned to Chief Judge Thomas E. Johnston. (ts)

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Defendant: West Virginia University Board of Governors
Represented By: Jenny L. Hayhurst
Represented By: Timothy Rhein Linkous
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Defendant: West Virginia University Medical Corporation doing business as University Health Associates - West Virginia Eye Institute
Represented By: David E. Schumacher
Represented By: Lauren Demarious Mahaney
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Defendant: West Virginia University Hospitals, Inc.
Represented By: Christine S. Vaglienti
Represented By: Lauren Twigg Krupica
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Defendant: Ghassan Ghorayeb, M.D.
Represented By: Jenny L. Hayhurst
Represented By: Timothy Rhein Linkous
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Defendant: Lingo Lai, M.D.
Represented By: Jenny L. Hayhurst
Represented By: Timothy Rhein Linkous
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Plaintiff: Timothy A. Johnston
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Plaintiff: Timothy A. Johnson
Represented By: Ronald Neal Walters, Jr.
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