Brister v. St. Mary's HIMG, LLC et al
Plaintiff: James M. Brister
Defendant: Cabell Huntington Hospital, Inc. doing business as Cabell Huntington Hospital, St. Mary's HIMG, LLC and Marshall University Board of Governors
Case Number: 3:2022cv00130
Filed: March 10, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332 Diversity-Medical Malpractice
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2022 Opinion or Order Filing 16 ORDER AND NOTICE: Rule 12(b) Motions - 5/2/2022. Rule 26(f) Meeting - 5/16/2022. Last day to file report of Rule 26(f) Meeting - 5/23/2022. Scheduling/status conference at 11:30 AM on 6/6/2022 in Huntington. Entry of Scheduling Order - 6/13/2022. Last Day to make Rule 26(a)(1) disclosures - 6/21/2022. Signed by Judge Robert C. Chambers on 4/11/2022. (cc: counsel of record; any unrepresented parties) (jsa)
April 11, 2022 Filing 15 TRANSMITTED CERTIFIED COPY of #14 Stipulation and Agreed Order of Dismissal of Cabell Huntington Hospital, Inc. to counsel of record. (jsa)
April 11, 2022 Opinion or Order Filing 14 STIPULATION AND AGREED ORDER OF DISMISSAL OF CABELL HUNTINGTON HOSPITAL, INC.; directing that Defendant Cabell Huntington Hospital, Inc., shall be, and hereby is, DISMISSED WITHOUT PREJUDICE from this civil action; this action shall remain on the Court's docket with respect to the Plaintiff's claims against the other defendants in this case. Signed by Judge Robert C. Chambers on 4/11/2022. (cc: counsel of record) (jsa)
April 8, 2022 Filing 13 ANSWER to #1 Complaint by St. Mary's HIMG, LLC; Jury demand.(Zickefoose, John)
April 8, 2022 Filing 12 PROPOSED ORDER Stipulation and Agreed Order of Dismissal of Cabell Huntington Hospital Without Prejudice by James M. Brister, St. Mary's HIMG, LLC, Cabell Huntington Hospital, Inc. (Zickefoose, John) (Modified on 4/11/2022 to add party filers and to convert event to a proposed order) (mkw).
April 4, 2022 Filing 11 STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT by James M. Brister, Cabell Huntington Hospital, Inc., St. Mary's HIMG, LLC; said parties stipulate that said Defendants may have until 4/8/2022 to file a responsive pleading to Plaintiff's #1 Complaint. (Zickefoose, John) (Modified on 4/4/2022 to remove link to #4 and #5 summonses and to add party filers) (mkw).
April 4, 2022 RESET DEADLINE: Cabell Huntington Hospital, Inc., St. Mary's HIMG, LLC answers due 4/8/2022. (mkw)
March 22, 2022 Filing 10 CLERK'S ORDER. Pursuant to #8 Order, the referral of this civil action for discovery matters is transferred from Magistrate Judge Cheryl A. Eifert to Magistrate Judge Dwane L. Tinsley. Signed by Clerk of Court Rory L. Perry II on 3/22/2022. (cc: Magistrate Judge Eifert; Magistrate Judge Tinsley; counsel of record; any unrepresented party (klc)
March 22, 2022 Filing 9 NOTICE by Marshall University Board of Governors of its First Set of Interrogatories and Requests for Production of Documents, re: #7 Certificate of Service. (Simmons, Jody)
March 22, 2022 Opinion or Order Filing 8 ORDER transferring this case to Rory L. Perry, II, Clerk of Court, for reassignment of all discovery disputes in the instant matter to another Magistrate Judge within this district. Signed by Magistrate Judge Cheryl A. Eifert on 3/22/2022. (cc: counsel of record; any unrepresented parties)(Adams, Carol)
March 21, 2022 Filing 7 CERTIFICATE OF SERVICE by Marshall University Board of Governors for Defendant Marshall University Board of Governors' First Set of Interrogatories and Requests for Production of Documents to Plaintiff. (Simmons, Jody)
March 21, 2022 Filing 6 ANSWER to #1 Complaint by Marshall University Board of Governors; Jury demand. (Offutt, D.)
March 18, 2022 Filing 5 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 3/14/2022 as to Cabell Huntington Hospital, Inc. Certified Mail Number: 92148901125134100003479042. (Adams, Carol) (Modified on 3/18/2022 to add party filer and to correct the date served) (mkw).
March 18, 2022 Filing 4 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 3/14/2022 as to St. Mary's HIMG, LLC. Certified Mail Number: 92148901125134100003479059. (Adams, Carol) (Modified on 3/18/2022 to add party filer and to correct the date served) (mkw).
March 10, 2022 CASE assigned to Judge Robert C. Chambers. (klc)
March 10, 2022 Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
March 10, 2022 Filing 2 ELECTRONIC SUMMONS ISSUED as to Cabell Huntington Hospital, Inc., Marshall University Board of Governors, St. Mary's HIMG, LLC, re: #1 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 St. Mary's HIMG, LLC, #2 summons as to Marshall University Board of Governors) (jsa)
March 10, 2022 Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8147940. (Attachments: #1 Proposed Summons as to Cabell Huntington Hospital, Inc., #2 Proposed Summons as to St. Mary's HIMG, LLC, #3 Proposed Summons as to Marshall University Board of Governors, #4 Civil Cover Sheet) (jsa)

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Plaintiff: James M. Brister
Represented By: Amanda J. Davis
Represented By: David H. Carriger
Represented By: L. Dante DiTrapano
Represented By: Richard D. Lindsay
Represented By: Richard D. Lindsay, II
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Defendant: Cabell Huntington Hospital, Inc. doing business as Cabell Huntington Hospital
Represented By: John H. Zickefoose
Represented By: Robert M. Sellards
Represented By: Todd A. Biddle
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Defendant: St. Mary's HIMG, LLC
Represented By: John H. Zickefoose
Represented By: Robert M. Sellards
Represented By: Todd A. Biddle
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Defendant: Marshall University Board of Governors
Represented By: D. C. Offutt, Jr.
Represented By: Jody Offutt Simmons
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