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 64 |
Filed: 6/22/2017, Entered: 6/22/2017 |
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JUDGMENT in favor of Defendants Carle Foundation Hospital and 629DB12 against 24B505C. (TC, ilcd)
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 Request |
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| 63 |
Filed: 6/22/2017, Entered: 6/22/2017 |
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ORDER entered by Judge Colin Stirling Bruce on 6/22/17. Defendants' Motion to Dismiss Plaintiff's Pendent State Law Claims 60 is GRANTED. Counts III and IV are dismissed without prejudice, and Plaintiff is free to bring those claims in state court. This case is terminated. See written Order. (TC, ilcd)
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Request |
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| 62 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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RESPONSE to Motion re 60 MOTION to Dismiss Plaintiff's Pendent State Law Claims filed by Plaintiff 24B505C. (Kiss, Daniel)
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Request |
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| 61 |
Filed: 6/6/2017, Entered: 6/6/2017 |
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MEMORANDUM of Law in Support of Motion to Dismiss Plaintiff's Pendent State Law Claims by Carle Foundation Hospital, 629DB12. (Brunner, Justin)
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Request |
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| 60 |
Filed: 6/6/2017, Entered: 6/6/2017 |
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MOTION to Dismiss Plaintiff's Pendent State Law Claims by Defendants Carle Foundation Hospital, 629DB12. Responses due by 6/20/2017 (Attachments: # 1 Text of Proposed Order)(Brunner, Justin)
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Request |
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Filed: 6/6/2017, Entered: 6/6/2017 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/6/17. Pursuant to the Joint Stipulation for Dismissal 59 and Rule 41(a) of the Federal Rules of Civil Procedure, Defendant 77FE85A is dismissed from this case. Additionally, Counts I and II are also dismissed from Plaintiff's Complaint. This case remains pending against Defendants Carle Foundation Hospital and 629DB12 on Counts III and IV of Plaintiff's Complaint. (KM, ilcd)
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| 59 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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STIPULATION of Dismissal Defendant 77FE85A and Counts I and II by 24B505C. (Meyer, Louis)
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Request |
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Filed: 5/23/2017, Entered: 5/23/2017 |
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Minute Entry for proceedings held 5/23/17 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Louis Meyer; for defendants by John Flodstrom and Richard Harden. Telephone Status Conference held. Status of case discussed. Settlement reached with Defendant 77FE85A. (Tape #UR-B 10:36 AM.) (TC, ilcd)
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| 58 |
Filed: 5/8/2017, Entered: 5/8/2017 |
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ORDER entered by Judge Colin Stirling Bruce on 5/8/17. Defendants' Partial Motion for Summary Judgment 51 is DENIED. This case remains set for a final pretrial conference on Monday, 11/6/17 at 10:30 a.m. with jury trial set to begin Tuesday, 11/14/17 at 9:30 a.m. See written Order. (TC, ilcd)
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Request |
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Filed: 5/1/2017, Entered: 5/1/2017 |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/1/17. Defendants' Motion for Leave of Court Regarding Exhibits in Support of Motion for Summary Judgment 57 is GRANTED. The court will consider the depositions cited by Defendants in their motion, even though they failed to the file the depositions with the motion. The depositions were filed by Plaintiff with his motion, and it would be duplicative to require Defendants to file depositions already on file with the court. (TC, ilcd)
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| 57 |
Filed: 4/28/2017, Entered: 4/28/2017 |
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MOTION for Leave to File /Treat Docs. 55-1, 55-3, and 55-4 as Exhibits in support of Doc. 51 by Defendants Carle Foundation Hospital, 629DB12. Responses due by 5/12/2017 (Brunner, Justin)
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Request |
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| 56 |
Filed: 4/28/2017, Entered: 4/28/2017 |
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REPLY to Response to Motion re 51 MOTION for Summary Judgment in Counts III-IV, with Memorandum of Law filed by Defendants Carle Foundation Hospital, 629DB12. (Brunner, Justin)
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Request |
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| 55 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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RESPONSE to Motion re 51 MOTION for Summary Judgment in Counts III-IV, with Memorandum of Law filed by Plaintiff 24B505C. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Kiss, Daniel)
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Request |
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| 54 |
Filed: 3/30/2017, Entered: 3/30/2017 |
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CERTIFICATE OF SERVICE by Carle Foundation Hospital, 629DB12 for Defendant Carle Foundation Hospital's and Defendant 629DB12 Disclosure of Potential Expert Witnesses (Brunner, Justin)
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Request |
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Filed: 3/28/2017, Entered: 3/28/2017 |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/28/17. Plaintiff's Motion for Extension of Time to File Response 53 is GRANTED. Plaintiff has until April 14, 2017, to file his response to Defendants' Motion for Summary Judgment 51 . (TC, ilcd)
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| 53 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment in Counts III-IV, with Memorandum of Law by Plaintiff 24B505C. Responses due by 4/10/2017 (Kiss, Daniel)
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Request |
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| 52 |
Filed: 3/22/2017, Entered: 3/22/2017 |
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NOTICE of Appearance of Attorney by Justin Nathaniel Brunner on behalf of Carle Foundation Hospital, 629DB12 (Brunner, Justin)
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Request |
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| 51 |
Filed: 3/15/2017, Entered: 3/15/2017 |
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MOTION for Summary Judgment in Counts III-IV, with Memorandum of Law by Defendants Carle Foundation Hospital, 629DB12. Responses due by 4/5/2017 (Harden, Richard)
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Request |
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Filed: 3/14/2017, Entered: 3/14/2017 |
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Minute Entry for proceedings held 3/14/17 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Louis Meyer; for defendants by John Flodstrom and Seth Baker. Telephone Status Conference held. Status of case and discovery discussed. Option for consent offered. Further Status Conference set for 5/23/17 at 10:30 AM in telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. The previously scheduled Final Pretrial Conference for 11/6/17 at 10:30 AM and Jury Trial for 11/14/17 at 9:30 AM remain scheduled and the Jury Trial is expected to last 3 days before Judge Colin S. Bruce. (Tape #UR-B 11:02 AM.) (TC, ilcd) Modified on 3/15/17 to correct Final Pretrial Conference date (TC, ilcd).
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| 50 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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NOTICE of Appearance of Attorney by Seth Daniel Baker on behalf of Carle Foundation Hospital, 629DB12 (Baker, Seth)
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Request |
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Filed: 2/14/2017, Entered: 2/14/2017 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/14/17. Attorney Thomas Yu's Motion to Withdraw 49 is GRANTED. The Court directs the Clerk to remove attorney Thomas Yu as counsel of record for Defendants 629DB12 and Carle Foundation Hospital. (TC, ilcd)
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| 49 |
Filed: 2/13/2017, Entered: 2/13/2017 |
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MOTION to Withdraw as Attorney by Defendants Carle Foundation Hospital, 629DB12. Responses due by 2/27/2017 (Attachments: # 1 Text of Proposed Order)(Yu, Thomas)
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Request |
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| 48 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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NOTICE of Change of Address by John D Flodstrom (Flodstrom, John)
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Request |
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| 47 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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NOTICE to Take Deposition of Jeff Gaynor on 01/18/2017 by Defendant 77FE85A.(Flodstrom, John)
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Request |
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Filed: 12/20/2016, Entered: 12/20/2016 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/20/2016. Attorney Patrick J. Folley's Motion to Withdraw 46 is GRANTED. The Clerk is directed to remove attorney Patrick J. Folley as counsel of record for Defendant 77FE85A. (KE, ilcd)
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| 46 |
Filed: 12/19/2016, Entered: 12/19/2016 |
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MOTION to Withdraw as Attorney by Defendant 77FE85A. Responses due by 1/3/2017 (Folley, Patrick)
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Request |
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Filed: 12/15/2016, Entered: 12/15/2016 |
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Minute Entry for proceedings held 12/15/16 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Louis Meyer; for defendants by John Flodstrom. Telephone Status Conference held. Status of case and discovery discussed. Option for settlement discussed. Status Conference set for 3/14/2017 at 11:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:01 AM.) (SKR, ilcd)
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| 45 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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NOTICE to Take Deposition of Ryne Shaw on 12/12/2016 (Meyer, Louis)
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Request |
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| 44 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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NOTICE to Take Deposition of Bryce Good on 12/12/2016 (Meyer, Louis)
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Request |
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| 43 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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NOTICE to Take Deposition of Jennifer Jones on 12/12/2016 (Meyer, Louis)
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Request |
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| 42 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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NOTICE to Take Deposition of Officer Hurless on 12/05/2016 (Meyer, Louis)
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Request |
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| 41 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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NOTICE to Take Deposition of Travis Wallin on 12/05/2016 (Meyer, Louis)
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Request |
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| 40 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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NOTICE to Take Deposition of Sgt. Robbins on 12/05/2016 (Meyer, Louis)
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Request |
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| 39 |
Filed: 9/22/2016, Entered: 9/22/2016 |
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CERTIFICATE OF SERVICE by Carle Foundation Hospital Defendant Carle's Third Supplemental Response to Request for Production of Documents (Yu, Thomas)
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Request |
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Filed: 8/30/2016, Entered: 8/30/2016 |
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Minute Entry for proceedings held 8/30/2016 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Louis Meyer. Appearance for the Defendants by John Flodstrom and Thomas Yu. Status Conference held by telephone. Status of case discussed. Mediation offered to the parties. Further Status Conference set for 12/15/2016 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B: 10:29 AM.) (KE, ilcd)
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| 38 |
Filed: 8/18/2016, Entered: 8/18/2016 |
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NOTICE to Take Deposition of 629DB12 on August 25, 2016 (Meyer, Louis)
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Request |
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| 37 |
Filed: 8/18/2016, Entered: 8/18/2016 |
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NOTICE to Take Deposition of 77FE85A on August 25, 2016 (Meyer, Louis)
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Request |
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| 36 |
Filed: 8/10/2016, Entered: 8/10/2016 |
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NOTICE to Take Deposition of 24B505C on Aug. 25, 2016 by Defendant 77FE85A.(Flodstrom, John)
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Request |
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| 35 |
Filed: 8/2/2016, Entered: 8/2/2016 |
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CERTIFICATE OF SERVICE by Carle Foundation Hospital Defendant Carle's Second Supplemental Response to Request for Production of Documents (Yu, Thomas)
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Request |
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| 34 |
Filed: 7/21/2016, Entered: 7/21/2016 |
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NOTICE of Appearance of Attorney by Patrick James Folley on behalf of 77FE85A (Folley, Patrick)
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Request |
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| 33 |
Filed: 7/6/2016, Entered: 7/6/2016 |
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CERTIFICATE of Service for 77FE85A Supplemental Response to Request to Produce. (Flodstrom, John)
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Request |
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| 32 |
Filed: 7/6/2016, Entered: 7/6/2016 |
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CERTIFICATE OF SERVICE by Carle Foundation Hospital Supplemental Response to Request for Production of Documents (Yu, Thomas)
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Request |
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| 31 |
Filed: 6/28/2016, Entered: 6/28/2016 |
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NOTICE of Subpoenas (Yu, Thomas)
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Request |
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| 30 |
Filed: 6/17/2016, Entered: 6/17/2016 |
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CERTIFICATE of Service (Carle discovery responses). (Yu, Thomas)
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Request |
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| 29 |
Filed: 6/17/2016, Entered: 6/17/2016 |
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CERTIFICATE of Service (629DB12 discovery responses). (Yu, Thomas)
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Request |
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| 28 |
Filed: 6/17/2016, Entered: 6/17/2016 |
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ANSWER to 1 Complaint by Carle Foundation Hospital, 629DB12.(Yu, Thomas)
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Request |
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| 27 |
Filed: 6/10/2016, Entered: 6/10/2016 |
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CERTIFICATE OF SERVICE. (Flodstrom, John)
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Request |
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| 26 |
Filed: 6/3/2016, Entered: 6/3/2016 |
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ORDER entered by Magistrate Judge Eric I. Long on 6/3/16 denying 12 Motion to Strike. See written Order. (TC, ilcd)
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Filed: 5/24/2016, Entered: 5/24/2016 |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/24/16. Defendants Motion to Dismiss for Failure to State a Claim 11 is DENIED. First, the court does find that federal district courts, in Illinois state law claims for damages by reason of medical, hospital, or other healing art malpractice, should require the plaintiff to file with his complaint an affidavit of a reviewing medical professional pursuant to 735 ILCS 5/2-622 (West 2014). Williams v. Erickson, 21 F.Supp.2d 957, 959 (N.D. Ill. 2013). However, the court agrees with Plaintiff that this case concerns a medical battery involving complete lack of consent by Plaintiff to the catheriterization, not medical malpractice involving lack of informed consent where a plaintiff consented to a procedure and something went wrong with the procedure or the procedure went beyond the initial consent for arguable reasons of medical necessity. Here, taking all allegations in the Complaint as true, Plaintiff was awake the entire time, and had to be forcibly catheterized against his will. In a medical battery case involving complete lack of consent for a procedure, Section 622 does not apply where medical malpractice/negligence is not an issue and the tortious conduct alleged is not beyond the ken of the average juror. See Cohen v. Smith, 648 N.E.2d 329, 334-35 (Ill. App. Ct. 1998); Fiala v. Bickford Senior Living Group, 43 N.E.3d 1234 (Ill. App. Ct. 2015). Defendants may re-raise this argument at a later time if, during discovery, it is shown that this claim would better fall under the medical malpractice/informed consent area instead of medical battery/complete lack of consent. (TC, ilcd)
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| 25 |
Filed: 5/13/2016, Entered: 5/13/2016 |
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NOTICE of Subpoena for Records (Yu, Thomas)
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Request |
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| 24 |
Filed: 5/12/2016, Entered: 5/12/2016 |
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CERTIFICATE of Service of Rule 26 Disclosures. (Yu, Thomas)
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Request |
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| 23 |
Filed: 5/12/2016, Entered: 5/12/2016 |
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CERTIFICATE of Service for Rule 26 Disclosures. (Flodstrom, John)
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Request |
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| 22 |
Filed: 5/10/2016, Entered: 5/10/2016 |
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REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Carle Foundation Hospital, 629DB12. (TC, ilcd)
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Request |
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Filed: 5/10/2016, Entered: 5/10/2016 |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/10/16. Defendants' Motion for Leave to File Instanter Reply In Support of Motion to Dismiss/Strike 21 is GRANTED. The clerk is directed to file Defendants' Reply, attached to the motion 21 . (TC, ilcd)
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| 21 |
Filed: 4/28/2016, Entered: 4/28/2016 |
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MOTION for Leave to File Instanter Reply in Support of Motions to Dismiss (Doc.11) and to Strike (Doc.12) by Defendants Carle Foundation Hospital, 629DB12. Responses due by 5/16/2016 (Attachments: # 1 Reply in Support of Motions to Dismiss and to Strike)(Yu, Thomas)
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Request |
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| 20 |
Filed: 4/28/2016, Entered: 4/28/2016 |
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Minute Entry for proceedings held 4/28/16 before Magistrate Judge Eric I. Long.Appearance for Plaintiff by 77FE85A Meyer. Appearance for Defendant by John Flodstrom and Thomas Yu. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed. ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 5/13/16, Amended pleadings due by 6/17/16, Joinder of parties due by 6/17/16, Plaintiff's expert disclosure due by 12/30/16, Plaintiff shall make experts available for deposition by 1/31/17, Defendant's expert disclosure due by 3/30/17, Defendant shall make experts available for deposition by 4/28/17, Discovery due by 6/1/17, Case dispositive motions due by 7/7/17. The Final Pretrial Conference is scheduled for 11/6/17 at 10:30 AM before Judge Colin S. Bruce, Courtroom A, Urbana. The Jury Selection/Jury Trial is scheduled for 11/14/17 at 9:30 AM before Judge Colin S. Bruce, Courtroom A, Urbana, (3 days). A Status Hearing set before Judge Long on 8/30/16 at 10:30 AM by telephone to discuss possible court hosted mediation or summary trial. (Consent packet attached.) (Tape #UR-B 10:31 AM.) (TC, ilcd)
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Request |
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| 19 |
Filed: 4/28/2016, Entered: 4/28/2016 |
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RESPONSE to Motion re 12 MOTION to Strike Request for Award of Punitive Damages, 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff 24B505C. (Meyer, Louis)
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Request |
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| 18 |
Filed: 4/26/2016, Entered: 4/26/2016 |
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CERTIFICATE of Service/Counsel Plaintiff's Written Discovery to Defendants and Plaintiff's Rule 26(a)(1) Disclosures by Louis J Meyer on behalf of 24B505C (Meyer, Louis)
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Request |
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| 17 |
Filed: 4/14/2016, Entered: 4/14/2016 |
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CERTIFICATE of Service for Discovery to plaintiff. (Flodstrom, John)
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Request |
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| 16 |
Filed: 4/13/2016, Entered: 4/13/2016 |
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CERTIFICATE OF SERVICE by Carle Foundation Hospital, 629DB12 (Harden, Richard)
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Request |
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| 15 |
Filed: 4/13/2016, Entered: 4/13/2016 |
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NOTICE of Copying Records (Flodstrom, John)
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Request |
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Filed: 4/13/2016, Entered: 4/13/2016 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/13/16. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting 13 and pursuant to the Order 7 scheduling this matter for a Rule 16 hearing conference by personal appearance on April 28, 2016, at 10:30 AM, the matter is hereby converted from personal appearance to telephone conference on the same date at the same time. The Court will initiate the call. (TC, ilcd)
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| 14 |
Filed: 4/12/2016, Entered: 4/12/2016 |
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HIPAA QUALIFIED PROTECTIVE ORDER granting 10 Motion for Order entered by Magistrate Judge Eric I. Long on 4/12/16. See written Order. (TC, ilcd)
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Request |
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| 13 |
Filed: 4/12/2016, Entered: 4/12/2016 |
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DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by 77FE85A. (Flodstrom, John)
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Request |
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| 12 |
Filed: 4/11/2016, Entered: 4/11/2016 |
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MOTION to Strike Request for Award of Punitive Damages by Defendant 629DB12. Responses due by 4/28/2016 (Yu, Thomas)
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Request |
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| 11 |
Filed: 4/11/2016, Entered: 4/11/2016 |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Carle Foundation Hospital, 629DB12. Responses due by 4/28/2016 (Yu, Thomas)
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Request |
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| 10 |
Filed: 3/24/2016, Entered: 3/24/2016 |
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MOTION for Order HIPAA Qualified Protective by Defendant 77FE85A. Responses due by 4/11/2016 (Attachments: # 1 Exhibit Proposed HIPAA Order)(Flodstrom, John)
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Request |
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| 9 |
Filed: 3/24/2016, Entered: 3/24/2016 |
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ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by 77FE85A.(Flodstrom, John)
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Request |
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| 8 |
Filed: 3/16/2016, Entered: 3/16/2016 |
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NOTICE of Appearance of Attorney by John D Flodstrom on behalf of 77FE85A (Flodstrom, John)
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Request |
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| 7 |
Filed: 3/11/2016, Entered: 3/11/2016 |
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ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 3/11/2016. Rule 16 Scheduling Conference set for 4/28/2016 at 10:30 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written Order.(DS, ilcd)
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Request |
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| 6 |
Filed: 3/10/2016, Entered: 3/10/2016 |
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NOTICE of Appearance of Attorney by Richard R Harden on behalf of Carle Foundation Hospital, 629DB12 (Harden, Richard)
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Request |
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| 5 |
Filed: 3/9/2016, Entered: 3/9/2016 |
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WAIVER OF SERVICE Returned Executed by 24B505C. 77FE85A waiver sent on 2/12/2016, answer due 4/12/2016. (Meyer, Louis)
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Request |
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Filed: 3/9/2016, Entered: 3/9/2016 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/9/16. The Notice of Appearance and Motion for Extension of Time to Plead 4 filed by Defendants Carle Foundation Hospital and 629DB12 is GRANTED. Defendants Carle Foundation Hospital and 629DB12 deadline to respond to Plaintiff's Complaint is extended by 30 days. (TC, ilcd)
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| 4 |
Filed: 3/8/2016, Entered: 3/8/2016 |
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Motion for Extension of Time and NOTICE of Appearance of Attorney by Thomas S Yu on behalf of Carle Foundation Hospital, 629DB12 (Yu, Thomas) Modified on 3/8/2016 to show this document as a motion. (JMB, ilcd)
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Request |
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| 3 |
Filed: 2/12/2016, Entered: 2/12/2016 |
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NOTICE of Appearance of Attorney by Daniel P Kiss on behalf of 24B505C (Kiss, Daniel)
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Request |
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| 2 |
Filed: 2/12/2016, Entered: 2/12/2016 |
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NOTICE of Appearance of Attorney by Louis J Meyer on behalf of 24B505C (Meyer, Louis)
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Request |
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| 1 |
Filed: 2/12/2016, Entered: 2/12/2016 |
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COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2257849.), filed by 24B505C. (Attachments: # 1 Civil Cover Sheet)(Meyer, Louis)
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Request |
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