Gray v. Marymount Hospital, Inc.

Federal Civil Lawsuit Ohio Northern District Court, Case No. 1:13-cv-02452-SL
District Judge Sara Lioi, presiding
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District Judge Sara Lioi
Last Updated February 6, 2019 at 5:26 AM EST (7.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Holly Gray, Plaintiff

Represented by brunnlawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Thomas L. Brunn, Jr. +1 216 623 7300 +1 216 623 7330 brunn@brunnlawfirm.com
v.
No Logo Aaron R. Smith, Defendant

Represented by Bonezzi, Switzer, Murphy, Polito & Hupp Co., LPA

Name Phone Fax E-Mail
Space Jennifer R. Becker +1 216 875 2074 +1 216 875 1570 jbecker@bsmph.com
Space Jeffrey W. Van Wagner +1 216 875 2767 jvanwagner@bsmph.com
No Logo Catholic Health Partners, Defendant

Represented by Bonezzi, Switzer, Murphy, Polito & Hupp Co., LPA

Name Phone Fax E-Mail
Space Jeffrey W. Van Wagner +1 216 875 2767 jvanwagner@bsmph.com
The Cleveland Clinic Foundation The Cleveland Clinic Foundation, Defendant
Officially listed as "Cleveland Clinic Foundation"

Represented by Reminger Co., LPA

Name Phone Fax E-Mail
Space Brian T. Gannon +1 216 687 1311 +1 216 687 1841 bgannon@reminger.com
Space David Harrison Krause +1 614 232 2495 +1 614 232 2410 dkrause@reminger.com
Space William A. Meadows +1 216 687 1311 +1 216 687 1841 wmeadows@reminger.com
No Logo Emergency Care Specialists, Inc., Defendant

Represented by Norchi, Barrett & Forbes

Name Phone Fax E-Mail
Space Steven J. Forbes +1 216 514 9500 +1 216 514 4304 sforbes@norchilaw.com
Space Kevin M. Norchi +1 216 514 9500 +1 216 514 4304 kmn@norchilaw.com
No Logo John Doe and/or John Doe, Inc., I-V, Defendant

Represented by Bonezzi, Switzer, Murphy, Polito & Hupp Co., LPA

Name Phone Fax E-Mail
Space Jeffrey W. Van Wagner +1 216 875 2767 jvanwagner@bsmph.com
No Logo Kaiser Permanente Ohio, Defendant

Represented by Bonezzi, Switzer, Murphy, Polito & Hupp Co., LPA

Name Phone Fax E-Mail
Space Jennifer R. Becker +1 216 875 2074 +1 216 875 1570 jbecker@bsmph.com
Space Jeffrey W. Van Wagner +1 216 875 2767 jvanwagner@bsmph.com
No Logo Maan Fares, Defendant

Represented by Bonezzi, Switzer, Murphy, Polito & Hupp Co., LPA

Name Phone Fax E-Mail
Space Jennifer R. Becker +1 216 875 2074 +1 216 875 1570 jbecker@bsmph.com
Space Jeffrey W. Van Wagner +1 216 875 2767 jvanwagner@bsmph.com
Marymount Hospital, Inc. Marymount Hospital, Inc., Defendant

Represented by Reminger Co., LPA

Name Phone Fax E-Mail
Space Brian T. Gannon +1 216 687 1311 +1 216 687 1841 bgannon@reminger.com
Space David Harrison Krause +1 614 232 2495 +1 614 232 2410 dkrause@reminger.com
Space William A. Meadows +1 216 687 1311 +1 216 687 1841 wmeadows@reminger.com
No Logo Ohio Permanente Medical Group, Inc., Defendant

Represented by Bonezzi, Switzer, Murphy, Polito & Hupp Co., LPA

Name Phone Fax E-Mail
Space Jennifer R. Becker +1 216 875 2074 +1 216 875 1570 jbecker@bsmph.com
Space Jeffrey W. Van Wagner +1 216 875 2767 jvanwagner@bsmph.com
No Logo Vijaykant R. Patel, Defendant

Represented by Norchi, Barrett & Forbes

Name Phone Fax E-Mail
Space Steven J. Forbes +1 216 514 9500 +1 216 514 4304 sforbes@norchilaw.com
Space Kevin M. Norchi +1 216 514 9500 +1 216 514 4304 kmn@norchilaw.com
Other Parties
No Logo American Medical Response, Inc., Miscellaneous

Represented by Bonezzi, Switzer, Murphy, Polito & Hupp Co., LPA

Name Phone Fax E-Mail
Space Donald H. Switzer +1 216 875 2767 +1 216 875 1570 dswitzer@bsmph.com
Attributes
Office Cleveland
Filed 11/4/2013
Jury Demand Defendant
Demand
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 28 U.S.C. § 1446 Petition for Removal
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Cuyahoga
Terminated 8/11/2015
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CV 13 814556[Cuyahoga County Common Pleas]
Defendant Custody Status
Flags Burke,Cat06,Standard,Termed
Timeline
  Entries (79) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 7/24/2015, Entered: None Unknown Document Type
Order [non-document]: Defendants Vijaykant Patel and Emergency Care Specialist have withdrawn their Motion to Show Cause regarding discovery sought from third-party American Medical Response. (Doc. No. 62 .) Based on defendants' notice, the Clerk shall administratively terminate the motion (Doc. No. 60 ) as moot. Judge Sara Lioi on 7/24/2015.(P,J)
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Order Dismissing Case with OCR 64 Filed: 8/11/2015, Entered: 8/11/2015 Order Dismissing CaseCourt Filing
Order of Dismissal: This matter comes before the Court upon the parties' Notice of Stipulated Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A(ii). (Doc. No. [63].) Fed. R. Civ. P. 41(a)(1)(A)(ii) provides that a plaintiff may voluntarily dismiss an action by filing a stipulation of dismissal signed by all parties who have appeared. The parties in this case have filed such a stipulated Rule 41 dismissal, with court costs to plaintiff. Accordingly, this action is dismissed. Case closed. Judge Sara Lioi on 8/11/2015. (P,J)
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Legal Document (Payment Possibly Required) 63 Filed: 8/11/2015, Entered: 8/11/2015 Notice
Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 62 Filed: 7/24/2015, Entered: 7/24/2015 Notice
Notice of Withdrawal of [60] Motion to Show Cause filed by Vijaykant R. Patel. (Norchi, Kevin) Modified to add link on 7/24/2015 (H,KR).
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Blank  Filed: None, Entered: None Order on Motion to Show Cause
Order [non-document]: Defendants Vijaykant Patel and Emergency Care Specialist have withdrawn their Motion to Show Cause regarding discovery sought from third-party American Medical Response. (Doc. No. [62].) Based on defendants' notice, the Clerk shall administratively terminate the motion (Doc. No. [60]) as moot. Judge Sara Lioi on 7/24/2015.(P,J)
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Legal Document (Payment Possibly Required) 61 Filed: 7/20/2015, Entered: 7/20/2015 Response
Response to [60] Motion to show cause filed by American Medical Response, Inc. (Attachments: # (1) Exhibit A-Letter to Kevin Norchi dated 7/17/15, # (2) Exhibit B- Letter to Kevin Norchi dated 7/20/15.)(Switzer, Donald) Not text searchable. Filer advised for future filings. Exhibits described on 7/21/2015 (S,HR).
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Legal Document (Payment Possibly Required) 60 Filed: 7/13/2015, Entered: 7/13/2015, Terminated: 7/24/2015 Show Cause
Motion to show cause filed by Defendant Vijaykant R. Patel and Emergency Care Specialists, Inc. (Attachments: # (1) Exhibit Proof of Service of revised subpoena and 6/25/15 Court Order to AMR, # (2) Exhibit Certified mail receipt (revised subpoena and 6/25/15 Court Order received by AMR Statutory Agent))(Norchi, Kevin) Modified filers on 7/14/2015 (S,HR).
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Legal Document (Payment Possibly Required) 59 Filed: 7/7/2015, Entered: 7/7/2015 Response
Response to [57] Supplemental Jurisdictional Brief filed by Kaiser Permanente Ohio. Related document(s)[32]. (Van Wagner, Jeffrey) Modified text on 7/8/2015 (S,HR).
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Legal Document (Payment Possibly Required) 58 Filed: 7/2/2015, Entered: 7/2/2015 Status Report
Joint Status Report filed by Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 57 Filed: 6/29/2015, Entered: 6/29/2015 Brief
Supplemental Jurisdictional Brief filed by Holly Gray. Related document [32]. (Attachments: # (1) Exhibit Deposition of Aaron Smith, M.D.) (Brunn, Jr., Thomas) Modified text on 6/30/2015 (M,TL).
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Legal Document (Payment Possibly Required) 56 Filed: 6/29/2015, Entered: 6/29/2015 Notice of Service
Notice of Service of Responses and Objections to Request for Production of Documents filed by Kaiser Permanente Ohio. (Van Wagner, Jeffrey)
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Legal Document (Payment Possibly Required) 55 Filed: 6/29/2015, Entered: 6/29/2015 Notice of Service
Notice of Service of revised subpoena to American Medical Response and June 25, 2015 Court Order filed by Vijaykant R. Patel. (Attachments: # (1) Exhibit Proof of Service of subpoena to American Medical Response)(Norchi, Kevin) Modified text on 6/29/2015 (P,G).
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Blank  Filed: None, Entered: None Order on Motion to Extend Deadlines
Order [non-document] granting plaintiff's motion for a twenty-one day extension of time until 7/27/2015 to provide plaintiff's expert report. (Doc. No. [53].) Defendants' expert report deadline of 8/24/2015 is also extended twenty-one days until 9/14/2015. All other dates and deadlines in the amended case management plan remain unchanged. (Doc. No. [38].) Judge Sara Lioi on 6/29/2015. (S,He)
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Legal Document (Payment Possibly Required) 54 Filed: 6/25/2015, Entered: 6/25/2015 Order on Motion for OrderCourt Filing
Order granting the motion of defendants Vijaykant R. Patel and Emergency Care Specialists to compel (Doc. No. [52].) AMR shall comply with defendants' subpoena, as required by Rule 45(e), no later than July 2, 2015. If AMR fails to obey this Order, AMR may be held in contempt. See Fed. R. Civ. 45(g). Defendants are ordered to promptly serve this Order on AMR, and to certify to the Court that such service has been made. Judge Sara Lioi on 6/25/2015.(P,J)
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Legal Document (Payment Possibly Required) 53 Filed: 6/24/2015, Entered: 6/24/2015, Terminated: 6/29/2015 Extension (of deadlines)
Motion for extension of time until 7/27/15 to file expert reports filed by Plaintiff Holly Gray. (Brunn, Jr., Thomas) Modified text. not text-searchable. Filer advised on 6/25/2015 (S,HR).
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Legal Document (Payment Possibly Required) 52 Filed: 6/24/2015, Entered: 6/24/2015, Terminated: 6/25/2015 Order
Motion to compel non-party deponent American Medical Response to comply with the subpoena filed by Defendant Vijaykant R. Patel. (Attachments: # (1) Exhibit excerpts of deposition transcript of Aaron Smith, M.D., # (2) Exhibit subpoena served upon AMR)(Norchi, Kevin) Modified text on 6/25/2015 (S,HR).
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Legal Document (Payment Possibly Required) 51 Filed: 6/4/2015, Entered: 6/4/2015 Notice
Notice of Revised Subpoena filed by Vijaykant R. Patel. (Norchi, Kevin)
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Legal Document (Payment Possibly Required) 50 Filed: 6/3/2015, Entered: 6/3/2015 Notice of Deposition
Amended Notice to take Deposition of Maan Fares, M.D. on Monday, June 15, 2015 filed by Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 49 Filed: 6/2/2015, Entered: 6/2/2015 Notice
Notice of Subpoena filed by Vijaykant R. Patel. (Norchi, Kevin)
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Blank  Filed: None, Entered: None Order on Motion for Extension of Time
Order [non-document] granting plaintiff's motion for an extension of non-expert discovery and expert report deadlines. (Doc. No. [47].) The amended case management plan (Doc. No. [38] ) is modified as follows: Non-expert discovery is extended to June 15, 2015; plaintiff's expert report deadline is extended to July 6, 2015; defendants' expert report deadline is extended to August 24, 2015. All other dates and deadlines in the amended case management plan remain unchanged. Judge Sara Lioi on 6/1/2015.(P,J)
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Legal Document (Payment Possibly Required) 48 Filed: 5/29/2015, Entered: 5/29/2015 Notice of Service
Notice of Service of First Request for Production of Documents Directed to Kaiser Foundation Health Plan of Ohio, Ohio Permanente Medical Groups, Inc., Aaron R. Smith, M.D. and Maan Fares, M.D. filed by Emergency Care Specialists, Inc.. (Norchi, Kevin)
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Legal Document (Payment Possibly Required) 47 Filed: 5/29/2015, Entered: 5/29/2015, Terminated: 6/1/2015 Extension (Other)
Motion for additional enlargement of time for non-expert discovery and expert reports filed by Plaintiff Holly Gray. (Brunn, Jr., Thomas) Modified text on 6/1/2015 (H,KR).
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Legal Document (Payment Possibly Required) 46 Filed: 5/6/2015, Entered: 5/6/2015 Notice of Service
Notice of Service of Requests for Production of Documents filed by Kaiser Foundation Health Plan of Ohio, Ohio Permanente Medical Group, Inc., Aaron Smith, M.D. and Maan Fares, M.D. (Van Wagner, Jeffrey) Modified filers on 5/7/2015 (S,HR).
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Legal Document (Payment Possibly Required) 45 Filed: 4/28/2015, Entered: 4/28/2015 Notice of Deposition
Notice to take Deposition of Maan Fares, M.D. on Monday, May 18, 2015 filed by Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 44 Filed: 4/16/2015, Entered: 4/16/2015 Notice of Service
Notice of Service of Defendants' Request for Admissions to Plaintiff filed by Marymount Hospital, Inc. and Cleveland Clinic Foundation. (Meadows, William) Modified filers on 4/16/2015 (S,HR).
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Legal Document (Payment Possibly Required) 43 Filed: 4/14/2015, Entered: 4/14/2015 Notice of Deposition
Notice to take Deposition of Aaron Smith, M.D. on Wednesday, April 29, 2015 filed by Holly Gray. (Brunn, Jr., Thomas)
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Blank  Filed: None, Entered: None Order on Motion for Order
Order [non-document] granting plaintiff's motion for an extension of non-expert discovery and expert report deadlines. (Doc. No. [42].) The amended case management plan (Doc. No. [38]) is modified as follows: Non-expert discovery is extended to June 1, 2015; plaintiff's expert report deadline is extended to June 22, 2015; defendants' expert report deadline is extended to August 10, 2015. All other dates and deadlines in the amended case management plan remain unchanged. Judge Sara Lioi on 4/13/2015.(P,J)
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Legal Document (Payment Possibly Required) 42 Filed: 4/9/2015, Entered: 4/9/2015, Terminated: 4/13/2015 Order
Motion for Enlargement of Time for Non-Expert Discovery and Expert Reports filed by Plaintiff Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 41 Filed: 4/3/2015, Entered: 4/3/2015 Attorney Substitution
Notice of Substitution of Counsel removing attorney Michelle B. Block and adding attorney Jennifer R. Becker filed by on behalf of Maan Fares, Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc., Aaron R. Smith. (Becker, Jennifer) Modified text on 4/3/2015 (H,KR).
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Legal Document (Payment Possibly Required) 40 Filed: 4/2/2015, Entered: 4/2/2015 Status Report
Joint Status Report filed by Holly Gray. (Brunn, Jr., Thomas) Not text-searchable. Filer advised for future filings on 4/2/2015 (S,HR).
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Legal Document (Payment Possibly Required) 39 Filed: 3/6/2015, Entered: 3/6/2015 Notice of Deposition
Amended Notice to take Deposition of Vijaykant Patel, M.D. on Monday, March 30, 2015 filed by Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 38 Filed: 2/17/2015, Entered: 2/17/2015 Case Management Conference Plan/OrderCourt Filing
Amended Case Management Plan and Trial Order. Case assigned to Standard Track; Deadline to add parties or amend pleadings N/A; Deadline for completing non-expert discovery 4/17/2015; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 5/8/2015; Deadline to identify rebuttal experts and provide reports 7/3/2015; Deadline for completing expert discovery 10/16/2014; Deadline for filing dispositive motions 10/28/2015; Deadline for filing oppositions to motions 11/25/2015; Deadline for filing replies to responses 12/11/2015; Status Conference, Final Pretrial Conference, and Jury Trial dates to be determined. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 2/17/2015. (P,J)
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Blank  Filed: None, Entered: None Order on Motion to Continue
Order [non-document] granting the parties' joint motion to extend discovery and dispositive motion deadlines in this case as proposed. (Doc. No. [37].) An Amended Case Management Plan will be published. The Court will schedule a status conference at a later date to select new final pretrial and trial date. Judge Sara Lioi on 2/17/2015.(P,J)
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Legal Document (Payment Possibly Required) 37 Filed: 2/11/2015, Entered: 2/11/2015, Terminated: 2/17/2015 Continue
Joint Motion to continue Scheduling Order and Trial date filed by Catholic Health Partners, Cleveland Clinic Foundation, Emergency Care Specialists, Inc., Maan Fares, John Doe and/or John Doe, Inc., I-V, Kaiser Permanente Ohio, Marymount Hospital, Inc., Ohio Permanente Medical Group, Inc., Vijaykant R. Patel, Aaron R. Smith. (Norchi, Kevin)
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Legal Document (Payment Possibly Required) 36 Filed: 1/19/2015, Entered: 1/19/2015 Notice of Deposition
Notice to take Deposition of Vijaykant Patel, M.D. on February 4, 2015 filed by Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 35 Filed: 11/17/2014, Entered: 11/17/2014 Status Report
Joint Status Report filed by Holly Gray. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 34 Filed: 10/13/2014, Entered: 10/13/2014 Response
Reply (NOT TEXT SEARCHABLE) to All Oppositions to Jurisdictional Brief filed by Kaiser Permanente Ohio. Related documents [25], [31] and [33]. (Van Wagner, Jeffrey) Modified text, added links and noted that document is not text searchable. Attorney Van Wagner has been notified to file all future documents as such on 10/14/2014 (H,KR).
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Legal Document (Payment Possibly Required) 33 Filed: 10/6/2014, Entered: 10/6/2014 Response
Response to [25] Jurisdictional Brief filed by Emergency Care Specialists, Inc., Vijaykant R. Patel. (Norchi, Kevin) Modified text on 10/7/2014 (H,KR).
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Legal Document (Payment Possibly Required) 32 Filed: 10/6/2014, Entered: 10/6/2014 Brief
Jurisdiction Brief filed by Holly Gray. (Attachments: # (1) Exhibit Deposition of Charles Pedro, # (2) Exhibit "Exhibit 1" as utilized during Mr. Pedro's deposition) (Brunn, Jr., Thomas) Modified text on 10/7/2014 (H,KR).
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Legal Document (Payment Possibly Required) 31 Filed: 10/6/2014, Entered: 10/6/2014 Response
Response to [25] Jurisdictional Brief of the Kaiser Defendants filed by Marymount Hospital, Inc. (Attachments: # (1) Exhibit) (Meadows, William) Modified text and link on 10/6/2014 (S,He).
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Blank  Filed: None, Entered: None Order on Motion for Extension of Time to File Response/Reply to Motion
Order [non-document] granting the motion by defendants Cleveland Clinic Foundation and Marymount Hospital for an extension of time to respond to the motion for summary judgment filed by Kaiser Foundation Health Plan of Ohio, Ohio Permanente Medical Group, Inc., Aaron Smith, M.D. and Maan Fares, M.D.(Doc. No. [30]). Accordingly, if the Court determines that it has jurisdiction, the Case Management Plan and Trial Order is amended to allow opposition by any non-moving party to defendants' summary judgment motion to be filed 30 days after the Court issues its ruling on jurisdiction, and moving defendants may reply 14 days thereafter. All other dates and deadline in the Case Management Plan remain in effect. Judge Sara Lioi on 10/2/2014.(P,J)
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Legal Document (Payment Possibly Required) 30 Filed: 10/1/2014, Entered: 10/1/2014, Terminated: 10/2/2014 Extension of Time to File Response/Reply to Motion
Motion for extension of time to file a brief in opposition to [26] Motion for summary judgment filed by Defendant Marymount Hospital, Inc.. (Meadows, William) Modified text on 10/6/2014 (H,KR).
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Legal Document (Payment Possibly Required) 29 Filed: 10/1/2014, Entered: 10/1/2014 OrderCourt Filing
Order: The Court construes the request in the status report (Doc. No. [28]) as a motion to amend the current case management plan, and such motion is granted. Accordingly, should the Court determine that it has jurisdiction, the Case Management Plan and Trial Order is amended to require plaintiff's opposition to defendants' summary judgment motion to be filed 30 days after the Court issues its ruling as to whether this case is properly before the Court, and defendants may reply 14 days thereafter. All other dates and deadline in the Case Management Plan remain in effect. Judge Sara Lioi on 10/1/2014. (P,J)
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Legal Document (Payment Possibly Required) 28 Filed: 9/26/2014, Entered: 9/26/2014 Status Report
Joint Status Report filed by All Plaintiffs. (Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 27 Filed: 9/16/2014, Entered: 9/16/2014 Notice of Deposition
Notice (DOCUMENT IS NOT TEXT SEARCHABLE) to take Deposition of Charles Pedro on filed by Holly Gray. (Brunn, Jr., Thomas) Modified text and informed Attorney Brunn that all future documents must be filed as text searchable on 9/18/2014 (H,KR).
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Legal Document (Payment Possibly Required) 26 Filed: 9/8/2014, Entered: 9/8/2014, Terminated: 8/11/2015 SUMMARY JUDGMENT
Motion for summary judgment filed by Maan Fares, Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc., Aaron R. Smith. (Attachments: # (1) Brief in Support Brief in Support, # (2) Exhibit A - Dec of Patty Wych, # (3) Exhibit 1 - EOC, # (4) Exhibit B - Dec of Phyllis Tennant, # (5) Exhibit C - Dec of Charles Pedro, # (6) Exhibit D - Dec of Maan Fares, MD, # (7) Exhibit E - Dec of Aaron Smith, MD, # (8) Exhibit Statement of Uncontroverted Facts, # (9) Exhibit Local Rule Certification, # (10) Proposed Order Proposed Order)(Van Wagner, Jeffrey)
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Legal Document (Payment Possibly Required) 25 Filed: 9/8/2014, Entered: 9/8/2014 Brief
Jurisdictional Brief filed by Maan Fares, Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc., Aaron R. Smith. (Attachments: # (1) Exhibit A - Dec of Patty Wych, # (2) Exhibit 1 - EOC, # (3) Exhibit B - Dec Phyllis Tennant, # (4) Exhibit C - Dec of Charles Pedro, # (5) Exhibit D - Dec of Maan Fares, MD, # (6) Exhibit E - Dec of Aaron Smith,MD) (Van Wagner, Jeffrey) Modified text on 9/12/2014 (H,KR).
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Legal Document (Payment Possibly Required) 24 Filed: 8/27/2014, Entered: 8/27/2014 Return of Service Executed
Return of Service by Clerk by certified mail executed upon Maan Fares, c/o cleveland Clinic Law Dept no date of service indicated on green card, filed on behalf of Holly Gray Related document(s)[22], [23]. (E,P)
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Legal Document (Payment Possibly Required) 23 Filed: 8/20/2014, Entered: 8/20/2014 Summons Issued
Original Summons issued for service upon Maan Fares. (M,TL)
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Blank  Filed: None, Entered: None Service by Clerk
Service by Clerk. Summons and Complaint addressed to Maan Fares placed in U.S. Mail. Type of service: certified mail. Receipt # 70092820000372249663. (C,B)
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Legal Document (Payment Possibly Required) 22 Filed: 8/19/2014, Entered: 8/19/2014 Praecipe
Praecipe for issuance of Original Summons . filed by Holly Gray. (Attachments: # (1) Summons Summons in a Civil Action)(Brunn, Jr., Thomas)
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Legal Document (Payment Possibly Required) 21 Filed: 8/13/2014, Entered: 8/13/2014 Case Management Conference Plan/OrderCourt Filing
Case Management Plan and Trial Order. Case is assigned to the standard track. Deadline to add parties or amend pleadings 10/1/2014; Deadline for completing non-expert discovery 2/16/2015; The parties have agreed to follow the default standard for discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 3/6/2015; Deadline to identify rebuttal experts and provide reports 5/1/2015; Deadline for completing expert discovery 8/14/2015; Deadline for filing dispositive motions 8/24/2015; Deadline for filing oppositions to motions 9/21/2015; Deadline for filing replies to responses 10/2/2015; Status Conference set for 8/18/2015 at 10:00 AM; Final Pretrial Conference set for 11/19/2015 at 2:00 PM; Jury Trial set on two week standby period beginning 12/7/2015 at 8:00 AM. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 8/13/2014. (P,J)
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Blank  Filed: None, Entered: None Case Management Conference
Minutes of proceedings [non-document] before Judge Sara Lioi. On August 13, 2014, the Court conducted a telephonic Case Management Conference. Attorney Thomas Brunn, Jr. participated on behalf of plaintiff, attorney David Krause participated on behalf of defendants Marymount Hospital and Cleveland Clinic Foundation, attorney Kevin Norchi participated on behalf of defendants Vijaykant Patel and Emergency Care Specialists, and attorney Michelle Block participated on behalf of defendants Kaiser Permanente, Aaron Smith, Maan Fares and Ohio Permanente Medical Group. The Court discussed with counsel dates and deadlines that will appear in the Court's Case Management Plan and Trial Order. The Court also discussed with counsel the propriety of the removal of this case by the Kaiser defendants. Briefs in support of the Court's jurisdiction in this removed case must be filed by September 8, 2014, and responses are due by October 6, 2014. The Court notes that defendants' Notice of Removal asserts that Robert Gray's health plan was with Kaiser Foundation Health Plan, and the removing Kaiser defendant is identified as Kaiser Foundation Health Plan, not Kaiser Permanente, in the Notice. However, Kaiser Foundation Health Plan is not a party to this case. In their jurisdictional briefs, the parties should clarify the roles and relationships of Kaiser Permanente and Kaiser Foundation Health Plan with respect to plaintiff's medical negligence claim and the propriety of removal. All dates in the Court's Case Management Plan remain in effect during the pendency of the briefing and the Court's consideration of the jurisdictional issues. (Court Reporter: None) (Time: 30 minutes) (P,J)
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Blank  Filed: None, Entered: None Order
Order [non-document]: The Court will conduct the Case Management Conference in this case telephonically with counsel only on 8/13/2014 in accordance with instructions that have been provided for accessing the Court's bridge line. At the time of the conference, counsel should be prepared to address issues regarding the removal of this case to federal court. These issues include whether plaintiff's medical negligence claims as to certain defendants are preempted by ERISA, thereby creating federal question jurisdiction, as well as whether all of the procedural requirements for removal have been satisfied. Judge Sara Lioi on 8/12/2014. (P,J)
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Legal Document (Payment Possibly Required) 20 Filed: 8/11/2014, Entered: 8/11/2014 Notice of Hearing or Conference
IMPORTANT: Notice: The Case Management Conference scheduled for 8/13/2014 at 10:00 AM will be held telephonically, with counsel only. The telephone conference will be held using the Court's bridge line. Counsel will receive instructions by email for accessing the Court's bridge line for the conference call. (P,J)
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Legal Document (Payment Possibly Required) 19 Filed: 8/8/2014, Entered: 8/8/2014 Report of Parties' Planning MeetingCourt Filing
Report (NOT TEXT SEARCHABLE) of Parties' Planning Meeting Under FED. R. CIV. P. 26(f) and LR 16.3(b)(3). Parties do not consent to the jurisdiction of the Magistrate Judge filed by Holly Gray. (Brunn, Jr., Thomas) Modified text and added that the document is not text searchable. Attorney Brunn has been notified to file all documents as such on 8/12/2014 (H,KR).
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Legal Document (Payment Possibly Required) 18 Filed: 8/7/2014, Entered: 8/7/2014 Notice
Notice of Appearance of David H. Krause filed by Marymount Hospital, Inc.. (Krause, David) Modified text on 8/12/2014 (H,KR).
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Legal Document (Payment Possibly Required) 17 Filed: 7/30/2014, Entered: 7/30/2014 Initial Disclosures
Initial Disclosures filed by Vijaykant R. Patel. (Attachments: # (1) Exhibit Declaration page)(Norchi, Kevin)
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Legal Document (Payment Possibly Required) 16 Filed: 7/30/2014, Entered: 7/30/2014 Initial Disclosures
Initial Disclosures filed by Maan Fares, Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc., Aaron R. Smith. (Attachments: # (1) Exhibit A to Initial Disclosures [dec page])(Block, Michelle)
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Legal Document (Payment Possibly Required) 15 Filed: 7/30/2014, Entered: 7/30/2014 Attorney Substitution
Notice of Substitution of Counsel removing attorney Claire C. Curtis and adding attorney Michelle B. Block filed by on behalf of Maan Fares, Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc., Aaron R. Smith. (Block, Michelle)
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Legal Document (Payment Possibly Required) 14 Filed: 7/30/2014, Entered: 7/30/2014 Initial Disclosures
Initial Disclosures filed by Marymount Hospital, Inc., The Cleveland Clinic Foundation. (Gannon, Brian)
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Legal Document (Payment Possibly Required) 13 Filed: 7/18/2014, Entered: 7/18/2014 Attorney Appearance
Attorney Appearance by Brian T. Gannon filed by on behalf of Marymount Hospital, Inc., The Cleveland Clinic Foundation. (Gannon, Brian)
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Legal Document (Payment Possibly Required) 12 Filed: 7/15/2014, Entered: 7/15/2014 Notice of Magistrate Consent form
Magistrate Consent Package issued. (P,J)
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Legal Document (Payment Possibly Required) 11 Filed: 7/15/2014, Entered: 7/15/2014 Case Management Conference Scheduling OrderCourt Filing
Case Management Conference Scheduling Order. Case management conference, with counsel only, to be held on 8/13/2014 at 10:00 AM in Chambers 526 before Judge Sara Lioi. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 7/23/2014. All other parties must serve on opposing parties the initial disclosures by 7/30/2014. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 7/15/2014. (P,J)
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Blank  Filed: None, Entered: None Remark re Pro Se Service
Copy of [11] Case Management Conference Scheduling Order, and [12] Notice of Magistrate Consent form mailed on 7/15/2014 to: Catholic Health Partners, c/o Michael Bezney, statutory agent, 615 Elsinore Place, Cincinnati, OH 45202. (P,J)
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Legal Document (Payment Possibly Required) 10 Filed: 12/6/2013, Entered: 12/6/2013 Corporate Disclosure Statement
Corporate Disclosure Statement filed by Emergency Care Specialists, Inc.. (Norchi, Kevin)
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Blank  Filed: None, Entered: None Notice of Failure to File Corporate Disclosure Statement
Notice by Clerk that Emergency Care Specialists, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,HR)
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Legal Document (Payment Possibly Required) 9 Filed: 12/2/2013, Entered: 12/2/2013 Answer
Joint Answer to Complaint with jury demand filed by Vijaykant R. Patel and Emergency Care Specialists, Inc. (Norchi, Kevin) Modified filers on 12/4/2013 (S,HR).
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Legal Document (Payment Possibly Required) 8 Filed: 11/5/2013, Entered: 11/5/2013 Corporate Disclosure Statement
Corporate Disclosure Statement filed by Ohio Permanente Medical Group, Inc.. (Curtis, Claire)
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Legal Document (Payment Possibly Required) 7 Filed: 11/5/2013, Entered: 11/5/2013 Corporate Disclosure Statement
Corporate Disclosure Statement filed by Kaiser Permanente Ohio. (Curtis, Claire)
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Legal Document (Payment Possibly Required) 6 Filed: 11/5/2013, Entered: 11/5/2013 Initial OrderCourt Filing
Initial Standing Order. Judge Sara Lioi on 11/5/2013. (P,J)
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Legal Document (Payment Possibly Required) 5 Filed: 11/5/2013, Entered: 11/5/2013 Notice
Notice of Filing Notice of Removal filed by Kaiser Permanente Ohio. (Curtis, Claire)
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Blank  Filed: None, Entered: None Notice of Failure to File Corporate Disclosure Statement
Notice by Clerk that Kaiser Permanente Ohio and Ohio Permanente Medical Group, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (C,B)
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Legal Document (Payment Possibly Required) 4 Filed: 11/4/2013, Entered: 11/4/2013 Magistrate Consent Form Issued
Magistrate Consent Form issued. (C,B)
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Legal Document (Payment Possibly Required) 3 Filed: 11/4/2013, Entered: 11/4/2013 Supplement
Supplement to [2] Civil Cover Sheet to [1] Notice of Removal, filed by Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc.. Related document(s)[2], [1]. (Curtis, Claire) Modified on text 11/4/2013 (C,B).
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Legal Document (Payment Possibly Required) 2 Filed: 11/4/2013, Entered: 11/4/2013 Supplement
Civil Cover Sheet to [1] Notice of Removal, filed by Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc. Related document(s)[1]. (Attachments: # (1) Complaint, # (2) Exhibit - List of Counsel)(Curtis, Claire) Modified text on 11/4/2013 (C,B).
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Legal Document (Payment Possibly Required) 1 Filed: 11/4/2013, Entered: 11/4/2013 Notice of Removal
Notice of Removal from Cuyahoga County Common Pleas, case number 13CV814556. Filing fee $ 400, receipt number 0647-6260103. Filed by Kaiser Permanente Ohio, Ohio Permanente Medical Group, Inc. (Attachments: # (1) Exhibit A Court Docket, # (2) Exhibit B List of Counsel) (Curtis, Claire) Modified for double wording on 11/5/2013 (R,Sh). Modified text to remove related case language (none indicated on cover sheet) on 11/5/2013 (C,B).
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Blank  Filed: None, Entered: None Random Assignment of Magistrate Judge
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Burke. (C,B)
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Blank  Filed: None, Entered: None Utility Event
Judge Sara Lioi assigned to case. Judge Lesley Wells terminated. (C,B)
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