Hernandez v. St. Charles Health Systems

Federal Civil Lawsuit Oregon District Court, Case No. 6:17-cv-00971
Magistrate Judge Jolie A. Russo, presiding
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Magistrate Judge Jolie A. Russo
Last Updated February 6, 2019 at 12:41 AM EST (6.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Edward Hernandez, Plaintiff

Represented by Edward Hernandez

Name Phone Fax E-Mail
Space Edward Hernandez +1 559 779 2425 eh@paccorealty.com
v.
No Logo "Physician", Defendant
No Logo Bend Neurological Associates, Defendant

Represented by Frohnmayer Deatherage

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas F. Armosino +1 541 779 2333 +1 541 779 6379 armosino@fdfirm.com
No Logo Kristin Doe, Defendant
No Logo Laura L Schaben, Defendant

Represented by Frohnmayer Deatherage

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas F. Armosino +1 541 779 2333 +1 541 779 6379 armosino@fdfirm.com
No Logo Michael L Bell, Defendant

Represented by Frohnmayer Deatherage

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas F. Armosino +1 541 779 2333 +1 541 779 6379 armosino@fdfirm.com
No Logo St. Charles Health Systems, Defendant

Represented by Keating Jones Bildstein & Hughes, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Peter D. Eidenberg +1 503 222 9955 +1 503 796 0699 peidenberg@keatingjones.com
ATTORNEY TO BE NOTICED Carolyn A. Pearson +1 503 598 7070 +1 503 598 7373 cpearson@keatingjones.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 362 - Personal Injury: Medical Malpractice
Timeline
  Entries (39) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 38 Filed: 4/4/2018, Entered: None Unknown Document TypeCourt Filing
ORDER: Adopting Magistrate Judge Russo's Findings and Recommendation 33 . This action is dismissed. Signed on 4/4/2018 by Judge Michael J. McShane. (Copy to plaintiff) (cp)
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Legal Document (Payment Possibly Required) 37 Filed: 1/2/2018, Entered: None Unknown Document Type
Response to Objections to Findings & Recommendation. Defendants BNA, Michael L. Bell, M.D., and Laura J. Schaben, M.D.'s Response to Plaintiff's Objections to Findings and Recommendation Related document(s): 35 Objections to Findings & Recommendation,. Filed by Michael L Bell, Bend Neurological Associates, Laura L Schaben. (Armosino, Thomas) (Entered: 01/02/2018)
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Legal Document (Payment Possibly Required) 36 Filed: 1/2/2018, Entered: None Unknown Document Type
Response to Objections to Findings & Recommendation. Defendant St. Charles' Response to Plaintiff's Objections to Findings and Recommendation Related document(s): 35 Objections to Findings & Recommendation,. Filed by St. Charles Health Systems. (Pearson, Carolyn) (Entered: 01/02/2018)
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Legal Document (Payment Possibly Required) 35 Filed: 12/19/2017, Entered: None Unknown Document Type
Objections to Findings & Recommendation: Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 18, First Motion for Leave to File Amended Complaint/Petition 26, Motion to Dismiss Plaintiff's Complaint 16 33 . Filed by Edward Hernandez. Responses to any objections to the Findings and Recommendation are due by 1/2/2018. (Attachments: # 1 Exhibit Ratification of Action) (Hernandez, Edward) (Entered: 12/19/2017)
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Legal Document (Payment Possibly Required) 34 Filed: 12/6/2017, Entered: None Unknown Document TypeCourt Filing
Order referring Motion to Dismiss 18, First Motion for Leave to File Amended Complaint 26, Findings & Recommendation 33, Motion to Dismiss Plaintiff's Complaint 16 to Judge Michael J. McShane. Ordered by Magistrate Judge Jolie A. Russo. (plb) (Entered: 12/06/2017)
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Legal Document (Payment Possibly Required) 33 Filed: 12/6/2017, Entered: None Unknown Document TypeCourt Filing
Order and Findings & Recommendation: Order denying Motion to Strike 29 . Findings & Recommendation: Motion to Dismiss Plaintiff's Complaint 16 and Motion to Dismiss 18 should be granted. First Motion for Leave to File Amended Complaint 26 should be denied. Objections to the Findings and Recommendation are due by 12/20/2017. Signed on 12/6/2017 by Magistrate Judge Jolie A. Russo. (plb) Modified to correct document number on 12/20/2017 (jk). (Entered: 12/06/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 11/7/2017, Entered: None Unknown Document TypeCourt Filing
Notice of Case Reassignment: This case has been reassigned from Judge Michael J. McShane to Magistrate Judge Jolie A. Russo. (eo) (Entered: 11/07/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 10/31/2017, Entered: None Unknown Document Type
Response in Opposition to First Motion for Leave to File Amended Complaint/Petition 26 . Filed by St. Charles Health Systems. (Pearson, Carolyn) (Entered: 10/31/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 10/25/2017, Entered: None Unknown Document TypeCourt Filing
Scheduling Order by Judge Michael J. McShane. The October 26, 2017 Rule 16 Conference is vacated. Ordered by Judge Michael J. McShane. (cp) (Entered: 10/25/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 10/24/2017, Entered: None Unknown Document Type
Motion to Strike Plantiff's Sur-Reply in Opposition to Defendant's Motion to Dismiss the Complaint Response in Opposition to Motion 27 . Filed by St. Charles Health Systems. (Pearson, Carolyn) (Entered: 10/24/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 10/18/2017, Entered: None Unknown Document TypeCourt Filing
Scheduling Order by Judge Michael J. McShane: Rule 16 Conference is set for 10/26/2017 at 09:15AM in Eugene by telephone before Judge Michael J. McShane. The Court will provide the parties the conference call-in information by separate email. Ordered by Judge Michael J. McShane. (cp) (Entered: 10/18/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 10/18/2017, Entered: None Unknown Document Type
Response in Opposition to Motion to Dismiss Plaintiff's Complaint 16, Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 18 . Filed by Edward Hernandez. (Hernandez, Edward) (Entered: 10/18/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 10/17/2017, Entered: None Unknown Document Type
First Motion for Leave to File Amended Complaint/Petition . Filed by Edward Hernandez. (Hernandez, Edward) (Entered: 10/17/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 10/5/2017, Entered: None Unknown Document Type
Declaration of Carolyn Pearson in Support of St. Charles Health Systems' Reply in Support of Its Motion to Dismiss. Filed by St. Charles Health Systems. (Related document(s): Motion to Dismiss 18 .) (Pearson, Carolyn) (Entered: 10/05/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 10/5/2017, Entered: None Unknown Document Type
Reply to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 18 Oral Argument requested. Filed by St. Charles Health Systems. (Pearson, Carolyn) (Entered: 10/05/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 10/4/2017, Entered: None Unknown Document Type
Declaration of Thomas F. Armosino In Support of BNA Defendants' Reply Regarding Motion to Dismiss. Filed by Michael L Bell, Bend Neurological Associates, Laura L Schaben. (Related document(s): Motion - Miscellaneous 16 .) (Armosino, Thomas) (Entered: 10/04/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 10/4/2017, Entered: None Unknown Document Type
Reply to Motion to Dismiss Plaintiff's Complaint 16 . Filed by Michael L Bell, Bend Neurological Associates, Laura L Schaben. (Armosino, Thomas) (Entered: 10/04/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 9/26/2017, Entered: None Unknown Document Type
Response in Opposition to Motion to Dismiss Plaintiff's Complaint 16, Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 18 . Filed by Edward Hernandez. (Hernandez, Edward) (Entered: 09/26/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 9/18/2017, Entered: None Unknown Document Type
Corporate Disclosure Statement . Filed by Bend Neurological Associates. (Armosino, Thomas) (Entered: 09/18/2017)
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Legal Document (Payment Possibly Required) 19 Filed: 9/13/2017, Entered: None Unknown Document Type
Request for Judicial Notice. Filed by St. Charles Health Systems. (Eidenberg, Peter) (Entered: 09/13/2017)
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Legal Document (Payment Possibly Required) 18 Filed: 9/13/2017, Entered: None Unknown Document Type
Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by St. Charles Health Systems. (Eidenberg, Peter) (Entered: 09/13/2017)
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Legal Document (Payment Possibly Required) 17 Filed: 9/13/2017, Entered: None Unknown Document Type
Corporate Disclosure Statement . Filed by St. Charles Health Systems. (Pearson, Carolyn) (Entered: 09/13/2017)
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Legal Document (Payment Possibly Required) 16 Filed: 9/5/2017, Entered: None Unknown Document Type
Motion to Dismiss Plaintiff's Complaint. Filed by Michael L Bell, Bend Neurological Associates, Laura L Schaben. (Armosino, Thomas) (Entered: 09/05/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 8/11/2017, Entered: None Unknown Document Type
Summons Issued Electronically as to Laura L Schaben. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jk) (Entered: 08/11/2017)
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Legal Document (Payment Possibly Required) 14 Filed: 8/11/2017, Entered: None Unknown Document Type
Summons Issued Electronically as to Michael L Bell. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jk) (Entered: 08/11/2017)
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Legal Document (Payment Possibly Required) 13 Filed: 8/11/2017, Entered: None Unknown Document Type
Summons Issued Electronically as to Bend Neurological Associates. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jk) (Entered: 08/11/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 8/11/2017, Entered: None Unknown Document Type
Summons Issued Electronically as to St. Charles Health Systems. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jk) (Entered: 08/11/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 8/11/2017, Entered: None Unknown Document Type
First Proposed Summons (Attachments: # 1 Proposed Summons Bend Neurological Assoc., # 2 Proposed Summons Michael L Bell, # 3 Proposed Summons Laura J. Schaben) Filed by Edward Hernandez. (Hernandez, Edward) (Entered: 08/11/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 8/10/2017, Entered: None Unknown Document TypeCourt Filing
AMENDED Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/8/2017. Joint Alternate Dispute Resolution Report is due by 1/8/2018. Pretrial Order is due by 1/8/2018. Ordered by Judge Michael J. McShane. (cp) (Entered: 08/10/2017)
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Legal Document (Payment Possibly Required) 9 Filed: 8/10/2017, Entered: None Unknown Document TypeCourt Filing
Notice of Case Assignment to Judge Michael W. Mosman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/8/2017. Joint Alternate Dispute Resolution Report is due by 1/8/2018. Pretrial Order is due by 1/8/2018. Ordered by Judge Michael W. Mosman. (cp) (Entered: 08/10/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 8/8/2017, Entered: None Unknown Document Type
Notification of CM/ECF Account for Edward Hernandez (Pro Se Filer admission). Your login is: ehernandez. Go to the CM/ECF login page to set your password. (cp) (Entered: 08/08/2017)
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Legal Document (Payment Possibly Required) 7 Filed: 8/8/2017, Entered: None Unknown Document TypeCourt Filing
ORDER: Granting 6 Application for CM/ECF Registration as a Self-Represented Party (CM/ECF Registered User). Ordered by Judge Michael J. McShane. (cp) (Entered: 08/08/2017)
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Legal Document (Payment Possibly Required) 6 Filed: 8/2/2017, Entered: None Unknown Document Type
Application for CM/ECF Registration as a Self-Represented Party. Filed by Edward Hernandez. (jk) (Entered: 08/02/2017)
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Legal Document (Payment Possibly Required)  Filed: 7/25/2017, Entered: None Unknown Document Type
Filing Fee in amount of $400 collected; Receipt No. 11588 issued. (jk)
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Legal Document (Payment Possibly Required) 5 Filed: 6/28/2017, Entered: None Unknown Document Type
Clerk's Notice of Mailing to Edward Hernandez regarding Order on motion/application for leave to proceed ifp 4 . (cp) (Entered: 06/28/2017)
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Legal Document (Payment Possibly Required) 4 Filed: 6/28/2017, Entered: None Unknown Document TypeCourt Filing
ORDER: Denying Plaintiff's Motion for Leave to Proceed in Forma Pauperis 2 . Filing Fee must be paid by 7/28/2017. Ordered by Judge Michael J. McShane. (cp) (Entered: 06/28/2017)
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Legal Document (Payment Possibly Required) 3 Filed: 6/21/2017, Entered: None Unknown Document TypeCourt Filing
Notice of Case Assignment: This case is assigned to Judge Michael J. McShane. Notice mailed to Plaintiff. (jw) (Entered: 06/21/2017)
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Legal Document (Payment Possibly Required) 2 Filed: 6/21/2017, Entered: None Unknown Document Type
Application for Leave to Proceed IFP. Filed by Edward Hernandez. (jw) (Entered: 06/21/2017)
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Legal Document (Payment Possibly Required) 1 Filed: 6/21/2017, Entered: None Unknown Document Type
Complaint. Jury Trial Requested: Yes. Filed by Edward Hernandez against "Physician", Michael L Bell, Bend Neurological Associates, Kristin Doe, ST Charles Health Systems, Laura L Schaben (Attachments: # 1 Civil Cover Sheet). (jw) (Entered: 06/21/2017)
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