Baker-LaRush, Barbara v. Medical Services, Inc.
| Barbara Baker-LaRush |
| Medical Services, Inc. |
| 3:2020cv00002 |
| January 2, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Other Statutory Actions |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 Brief in Opposition by Defendant Medical Services, Inc. re: #16 Motion for Discovery filed by Barbara Baker-LaRush (Hoffman, Erin) |
| Filing 16 Motion for Discovery by Plaintiff Barbara Baker-LaRush. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 2/25/2020. (Attachments: #1 Text of Proposed Order) (Welcenbach, Robert) |
| Filing 15 Supplemental Declaration of Debra Piecuch filed by Defendant Medical Services, Inc. re: 11 Order Regarding Jurisdiction. (Hoffman, Erin) |
| Filing 14 Response to 11 Order Regarding Jurisdiction, by Defendant Medical Services, Inc. (Hoffman, Erin) |
| Filing 13 Notice of Withdrawal of Counsel by Erin Leigh Hoffman re: Defendant Medical Services, Inc. Notice of Withdrawal of Kristin Jones Pierre (Hoffman, Erin) |
| Filing 12 Notice by Defendant Medical Services, Inc. of Firm Name Change and Email Contact Change. (Hoffman, Erin) Modified on 2/10/2020: E-mail sent to counsel. (lak) |
Filing 11
** TEXT ONLY ORDER ** This is a proposed class action involving alleged violations of a state law that imposes restrictions on charges for patient medical records. Defendant removed the case from state court under 28 U.S.C. 1332(d), but defendant's notice of removal doesn't show that it has satisfied the requirement to show that its citizenship is diverse from at least one class member. 1332(d)(2). It says only that some proposed class members "could" be citizens of another state because defendant receives record requests from patients outside Wisconsin and sometimes charges for those requests. See Dkt. #1 , 9. But that's not enough; the proponent of jurisdiction cannot rest on an assumption, "educated and sensible though it may be." See Dancel v. Groupon, Inc., 940 F.3d 381, 385 (7th Cir. 2019). Rather, defendant must identify a particular proposed class member who has diverse citizenship. Id. So defendant may have until February 14, 2020, to file supplemental materials showing that it satisfies the diversity requirement in 1332(d). Defendant should also address whether the exceptions to exercising jurisdiction in 1332(d)(3)(the "local controversy" exception) and 1332(d)(4) (the "home state" rule) should apply. Signed by District Judge James D. Peterson on 2/03/2020. (voc)
|
|
Filing 10
** TEXT ONLY ORDER **ORDER granting #9 Stipulated Motion for Extension of Time to File Answer. Defendant Medical Services, Inc. answer due 4/1/2020. Signed by Magistrate Judge Stephen L. Crocker on 1/29/2020. (arw)
|
| Filing 9 Stipulated Motion for Extension of Time to File Answer by Defendant Medical Services, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Hoffman, Erin) |
|
Filing 8
** TEXT ONLY ORDER ** ORDER accepting #7 Stipulation for Extension of Deadline to Answer Complaint by Plaintiff Barbara Baker-Larush. Signed by Magistrate Judge Stephen L. Crocker on 1/08/2020. (voc)
|
| Filing 7 Stipulation for Extension of Deadline to Answer Complaint by Plaintiff Barbara Baker-Larush and by Defendant Medical Services, Inc., (Attachments: #1 Text of Proposed Order) (Hoffman, Erin) |
| Set Deadlines: Medical Services, Inc. answer due 1/29/2020. (voc) |
| Filing 6 Corporate Disclosure Statement by Defendant Medical Services, Inc. (Hoffman, Erin) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jls) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jls) |
| Filing 5 Notice of Appearance filed by Scott C. Borison for Plaintiff Barbara Baker-LaRush. (Borison, Scott) Modified on 1/3/2020: E-mail regarding updating contact information sent to counsel. (lak) |
| Filing 4 Declaration of Debra Piecuch re: #1 Notice of Removal. (lak) |
| Filing 3 Certificate of Service by Defendant Medical Services, Inc. re: #1 Notice of Removal, #2 Notice of Appearance, #4 Declaration. (Pierre, Kristin) Modified on 1/2/2020: Case number, etc. (lak) |
| Filing 2 Notice of Appearance filed by Erin Leigh Hoffman for Defendant Medical Services, Inc. (Hoffman, Erin) Modified on 1/3/2020: Case number. (lak) |
| Filing 1 NOTICE OF REMOVAL from Sawyer County Circuit Court, case number 2019CV000152. ( Filing fee $ 400 receipt number 0758-2602854), filed by Medical Services, Inc., (Attachments: #1 Exhibit A - State Court Documents, #2 Disregard., #3 JS-44 Civil Cover Sheet) (Pierre, Kristin) Modified on 1/2/2020: Case number, etc. (lak) |
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.
Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Baker-LaRush, Barbara v. Medical Services, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Barbara Baker-LaRush | |
| Represented By: | Robert Welcenbach |
| Represented By: | Matthew Curtiss Lein |
| Represented By: | Scott C Borison |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Medical Services, Inc. | |
| Represented By: | Erin Leigh Hoffman |
| Represented By: | Kristin Jones Pierre |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
