Gibson v. Community Health Systems, Inc. et al

Plaintiff: Leona Gibson
Defendant: Community Health Systems, Inc., Roy Roger Wolfe, Jr. and United States of America
Case Number: 5:2019cv00091
Filed: February 6, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1346
Jury Demanded By: None

Docket Report

This docket was last retrieved on April 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2019 Opinion or Order Filing 20 ORDER: In light of the #19 Joint Stipulation of the Parties, the Court directs that the Defendant United States of America's #13 MOTION to Dismiss Plaintiff's Claim for Punitive Damages; #15 MOTION of the United States of America to Dismiss Plaintiff's Claims for Prejudgment Interest and Attorney's Fees Against the United States of America; and the #17 MOTION of Defendant United States of America to Dismiss Plaintiff's Demand for a Jury Trial Against the United States be TERMINATED AS MOOT. Signed by Judge Irene C. Berger on 3/29/2019. (cc: attys; any unrepresented party) (msa)
March 29, 2019 Filing 19 JOINT STIPULATION by United States of America, Leona Gibson (Westfall, Fred) (Modified on 3/29/2019 to add party filer) (ts).
March 26, 2019 Filing 18 MEMORANDUM by United States of America in support of #17 MOTION by United States of America to Dismiss Demand for a Jury Trial in #1 Complaint (Westfall, Fred)
March 26, 2019 Filing 17 MOTION by United States of America to Dismiss Demand for a Jury Trial in #1 Complaint. (Westfall, Fred) (Modified on 3/27/2019 to add link to #1 complaint) (ts).
March 26, 2019 Filing 16 MEMORANDUM by United States of America in support of #15 MOTION by United States of America to Dismiss Claims for Prejudgment Interest and Attorney's Fees in #1 Complaint (Westfall, Fred)
March 26, 2019 Filing 15 MOTION by United States of America to Dismiss Claims for Prejudgment Interest and Attorney's Fees in #1 Complaint. (Westfall, Fred) (Modified on 3/27/2019 to add link to #1 complaint) (ts).
March 26, 2019 Filing 14 MEMORANDUM by United States of America in support of #13 MOTION by United States of America to Dismiss Punitive Damages in #1 Complaint (Westfall, Fred)
March 26, 2019 Filing 13 MOTION by United States of America to Dismiss Punitive Damages in #1 Complaint. (Westfall, Fred) (Modified on 3/27/2019 to add link to #1 complaint)(ts).
March 25, 2019 NOTICE OF DOCKET CORRECTION re: #12 ORDER. ERROR: Page 2 of image was blank. CORRECTION: Removed blank page and re-attached image. (slr). (slr)
March 22, 2019 Opinion or Order Filing 12 ORDER: Terminating as moot the Defendants #6 MOTION to Dismiss Community Health Systems, Inc., d/b/a Access Health Associates OBGYN, and Roy Roger Wolfe, Jr., M.D., From This Civil Action and to Substitute the United States as Sole and Exclusive Defendant. Signed by Judge Irene C. Berger on 3/22/2019. (cc: attys; any unrepresented party) (btm) (Modified on 3/25/2019 to remove and replace incorrect image)(slr).
March 22, 2019 Opinion or Order Filing 11 AGREED ORDER FOR SUBSTITUTION OF PARTIES: Directing as follows: 1. Defendants Community Health Systems, Inc. d/b/a Access Health Associates OBGYN and Roy Roger Wolfe, Jr., M.D., pursuant to 42 U.S.C. Section 233 are hereby DISMISSED as parties from this civil action; 2. The United States of America shall be substituted as the sole and exclusive defendant in place of defendants Community Health Systems, Inc. d/b/a Access Health Associates OBGYN and Roy Roger Wolfe, Jr., M.D., pursuant to 42 U.S.C. Section 233 and the Federal Tort Claims Act; 3. The #5 Answer filed on behalf of defendants Community Health Systems, Inc. d/b/a Access Health Associates OBGYN and Roy Roger Wolfe, Jr., M.D., shall be considered as the answer filed by the United States of America in this civil action and the United States of America shall not be required to file any further answer to the #1 Complaint filed by the plaintiff. Signed by Judge Irene C. Berger on 3/22/2019. (btm)
March 21, 2019 Opinion or Order Filing 10 ORDER AND NOTICE: Rule 12(b) Motions 4/11/2019. Rule 26(f) Meeting 4/25/2019. Last day to file report of Rule 26(f) Meeting 5/2/2019. Scheduling Conference at 3:00 PM on 5/16/2019 in Beckley. Entry of Scheduling Order 5/23/2019. Last Day to make Rule 26(a)(1) disclosures 5/30/2019. Signed by Judge Irene C. Berger on 3/21/2019. (cc:attys; any unrepresented party) (btm)
March 21, 2019 Filing 9 PROPOSED ORDER For Substitution Of Parties by Community Health Systems, Inc. and Roy Roger Wolfe, Jr. (Westfall, Fred) (Modified on 3/21/2019 to add party filer)(slr).
March 21, 2019 Filing 8 STIPULATION by Community Health Systems, Inc. and Roy Roger Wolfe, Jr. (Westfall, Fred) (Modified on 3/21/2019 to add party filer)(slr).
March 20, 2019 Filing 7 MEMORANDUM by Community Health Systems, Inc., Roy Roger Wolfe, Jr in support of #6 MOTION by Community Health Systems, Inc., Roy Roger Wolfe, Jr to Dismiss #1 Complaint and to Substitute Party (Westfall, Fred)
March 20, 2019 Filing 6 MOTION by Community Health Systems, Inc., Roy Roger Wolfe, Jr to Dismiss #1 Complaint and to Substitute Party (Attachments: #1 Exhibit A, #2 Exhibit B)(Westfall, Fred) (Modified on 3/20/2019 to add link to #1 complaint)(ts).
March 20, 2019 Filing 5 ANSWER TO #1 Complaint by Community Health Systems, Inc., Roy Roger Wolfe, Jr.(Westfall, Fred)
February 19, 2019 Filing 4 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 2/12/2019 as to Community Health Systems, Inc. (msa)
February 6, 2019 CASE assigned to Judge Irene C. Berger. (klc)
February 6, 2019 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 Aboulhosn. (cc: attys; any unrepresented party) (btm)
February 6, 2019 Filing 2 ELECTRONIC SUMMONS ISSUED as to Community Health Systems, Inc., Roy Roger Wolfe, Jr., re: #1 Complaint. Summons returnable 60 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 Roy Roger Wolfe, Jr., M.D.) (btm)
February 6, 2019 Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7054990. (Attachments: #1 Proposed Summons as to Community Health Systems, Inc., #2 Proposed Summons as to Roy Roger Wolfe, Jr. M.D., #3 Civil Cover Sheet) (btm)

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Defendant: Community Health Systems, Inc.
Represented By: Fred B. Westfall, Jr.
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Defendant: Roy Roger Wolfe, Jr.
Represented By: Fred B. Westfall, Jr.
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Defendant: United States of America
Represented By: Fred B. Westfall, Jr.
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Plaintiff: Leona Gibson
Represented By: Richard D. Lindsay
Represented By: Woody Allen Trent
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