Avichail v. St. John's Mercy Health System

Federal Civil Lawsuit Missouri Eastern District Court, Case No. 4:09-cv-00069
District Judge E. Richard Webber, presiding
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District Judge E. Richard Webber
Last Updated July 28, 2017 at 6:49 AM EDT (8.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Maizie Avichail, Plaintiff

Represented by DAVIDOVICH LAW FIRM, LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Nathan Davidovich +1 303 825 5529 +1 303 265 9797 nathandavidovich@talk-law.com

Represented by LAW OFFICES OF STUART A. JAY, LLC

Name Phone Fax E-Mail
TERMINATED: 06/12/2009 Stuart A. Jay +1 303 634 2258 +1 303 200 8688 stuartjay@stuartjaylaw.com
v.
No Logo Fastaff, Inc., Defendant

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard K. Hunsaker +1 618 656 4646 rhunsaker@heylroyster.com
ATTORNEY TO BE NOTICED Melanie E. Riley +1 618 656 4646 +1 618 656 7940 mriley@heylroyster.com
No Logo Geraldine Jones, Defendant

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard K. Hunsaker +1 618 656 4646 rhunsaker@heylroyster.com
No Logo St. John's Mercy Health System, Defendant

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Richard K. Hunsaker +1 618 656 4646 rhunsaker@heylroyster.com

Represented by Sandberg, Phoenix & von Gontard, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kenneth W. Bean +1 314 231 3332 +1 314 241 7604
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 362 - Personal Injury: Medical Malpractice
Timeline
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Legal Document (Payment Possibly Required) 167 Filed: 11/22/2010, Entered: None Court Filing
PUBLIC VOUCHER for purchase of jury meals; To: Judge Webber In the amount of: 60.00 (KMS) (Entered: 11/24/2010)
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Legal Document (Payment Possibly Required) 166 Filed: 11/23/2010, Entered: None
MEMORANDUM in Support of Motion re 165 MOTION for New Trial filed by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Davidovich, Nathan) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 165 Filed: 11/23/2010, Entered: None
MOTION for New Trial by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 164 Filed: 11/10/2010, Entered: None
MOTION for Bill of Costs by Defendants Fastaff, Inc., Geraldine Jones. (Attachments: # 1 Exhibit A)(Hunsaker, Richard) (Entered: 11/10/2010)
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Legal Document (Payment Possibly Required) 163 Filed: 11/5/2010, Entered: None
MOTION for Costs by Defendant St. John's Mercy Health System. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Bean, Kenneth) Originally filed as a memorandum, modified to reflect motion event 11/8/2010 (KLH). (Entered: 11/05/2010)
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Legal Document (Payment Possibly Required) 162 Filed: 11/2/2010, Entered: None Court Filing
TRANSCRIPT ORDER REQUEST AMENDED by Maizie Avichail for proceedings of Trial for proceedings held on 10/18/10 court reporter Debbie Creek before Judge E. Richard Webber. (Davidovich, Nathan) Modified on 11/3/2010 (RJD). (cc: Debbie Kriegshauser) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 161 Filed: 11/2/2010, Entered: None Court Filing
TRANSCRIPT ORDER REQUEST by Maizie Avichail for proceedings of Trial for proceedings held on 10/18/10 court reporter Debbie Creek before Judge E. Richad Webber.. (Davidovich, Nathan) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 160 Filed: 10/26/2010, Entered: None
CLERK'S JUDGMENT (JGW) IT IS HEREBY ORDERED AND ADJUDGED that on the claim of Plaintiff Maizie Avichail on behalf of her minor child, T.A. for personal injuries against Defendants Geraldine Jones, Registered Nurse, Fastaff, Inc., and St. John's Mercy Health System, the jury finds in favor of Geraldine Jones, Registered Nurse, Fastaff, Inc., and St. John's Mercy Health System. (MCB) (Entered: 10/28/2010)
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Legal Document (Payment Possibly Required) 159 Filed: 10/26/2010, Entered: None
(Court's copy) Jury Instructions (Nos. 1-12) filed. (MGK) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 158 Filed: 10/26/2010, Entered: None
Deposition Receipt from jury trial held 10/18/2010-10/26/2010. (MGK) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 157 Filed: 10/26/2010, Entered: None
Exhibit Receipt from jury trial held 10/18/2010-10/26/2010. (MGK) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 156 Filed: 10/26/2010, Entered: None
ORDER. IT IS HEREBY ORDERED that the jury in this cause was kept together for the purpose of deliberations on October 26, 2010, and that the jury meals set forth on the attached invoice be furnished at the expense of the United States. Signed by Honorable E. Richard Webber on 10/26/2010. (Attachments: # 1 Invoice)(MGK) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 155 Filed: 10/26/2010, Entered: None
JURY VERDICT For: Defendant Geraldine Jones and Fastaff, Inc. and St. John's Mercy Health System Against: Plaintiff. Signed by foreperson 10/26/2010.(MGK) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 154 Filed: 10/26/2010, Entered: None
Jury Instructions (Nos. 1-12) filed. (MGK) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 153 Filed: 10/26/2010, Entered: None
Exhibit List from jury held 10/18/2010 - 10/26/2010. (MGK) (Entered: 10/27/2010)
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Legal Document (Payment Possibly Required) 152 Filed: 10/26/2010, Entered: None
Witness List from jury trial held 10/18/2010 - 10/26/2010. (MGK) (Entered: 10/27/2010)
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Blank 151 Filed: 10/26/2010, Entered: None
Minute Order. Jury Trial Completed. Proceedings held before Honorable E. Richard Webber: Written Motions Pursuant Rule 50 at the close of defts case filed and made/argued by deft(s) and is Overruled/Denied subject to reconsideration at later; Jury Trial completed on 10/26/2010 ; day 7. Closing Arguments of counsel made. Jury Verdict(s) returned at 3:00 pm. On motion of Court the jury is polled. Judgment is entered accordingly this date. Depositions and Exhibits retained by Counsel (Court Reporter D. Kriegshauser.) (MGK) (Entered: 10/26/2010)
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Legal Document (Payment Possibly Required) 150 Filed: 10/26/2010, Entered: None
MOTION for Judgment as a Matter of Law by Defendant St. John's Mercy Health System. (Bean, Kenneth) (Entered: 10/26/2010)
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Legal Document (Payment Possibly Required) 149 Filed: 10/26/2010, Entered: None
MOTION for Judgment as a Matter of Law by Defendant St. John's Mercy Health System. (Bean, Kenneth) (Entered: 10/26/2010)
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Legal Document (Payment Possibly Required) 148 Filed: 10/25/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Jury Trial resumed but not concluded 10/25/2010 ; day 6. Plaintiff's witness testified today by agreement of all the parties and defts evidence resumed and concluded. Proceedings to continue 10/26/2010 at 8:45 a.m. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (MCB) (Entered: 10/25/2010)
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Legal Document (Payment Possibly Required) 147 Filed: 10/25/2010, Entered: None
MOTION for Judgment as a Matter of Law (Renewed) by Defendants Fastaff, Inc., Geraldine Jones. (Hunsaker, Richard) (Entered: 10/25/2010)
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Legal Document (Payment Possibly Required) 146 Filed: 10/22/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Jury Trial resumed but not concluded 10/22/2010 ; day 5. Defendants evidence resumed but not concluded. Proceedings to continue 10/25/10 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (KLH) (Entered: 10/22/2010)
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Legal Document (Payment Possibly Required) 145 Filed: 10/21/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Jury Trial resumed but not concluded 10/21/2010 ; day 4. Plaintiff's evidence resumed and concluded. Defts evidence commenced but not concluded. Oral motion pursuant to Rule 50 at the close of plaintff's case was made/argued by defts and is overruled/denied. Proceedings to continue 10/22/10 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (MCB) (Entered: 10/21/2010)
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Legal Document (Payment Possibly Required) 144 Filed: 10/20/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Jury Trial resumed but not concluded 10/20/2010 ; day 3. Plaintiff evidence commenced resumed and but not concluded. Jury trial to resume Thursday, October 21, 2010 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (MGK) (Entered: 10/20/2010)
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Legal Document (Payment Possibly Required) 143 Filed: 10/19/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Jury Trial resumed but not concluded 10/19/2010 ; day 2. Plaintiff evidence resumed but not concluded. Proceedings to resume Wednesday, October 20, 2010 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (MGK) (Entered: 10/19/2010)
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Legal Document (Payment Possibly Required) 142 Filed: 10/18/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Jury Trial held on 10/18/2010 ; day 1. Jury impaneled and sworn. Opening Statements of Plaintiffs and Defendants made. Plaintiff evidence commenced but not concluded. Trial to commence Tuesday, October 19, 2010 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (MGK) (Main Document 142 replaced on 10/19/2010) (MGK). (Main Document 142 replaced on 10/20/2010) (MGK). (Entered: 10/18/2010)
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Legal Document (Payment Possibly Required) 141 Filed: 10/18/2010, Entered: None
Proposed Voir Dire by Defendant St. John's Mercy Health System. (Bean, Kenneth) (Entered: 10/18/2010)
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Legal Document (Payment Possibly Required) 140 Filed: 10/15/2010, Entered: None
Exhibit List Supplemental by Defendant St. John's Mercy Health System.. (Bean, Kenneth) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 139 Filed: 10/14/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Motion Hearing held on 10/14/2010 re: 133 MOTION for Leave to Allow Interpreters filed by Maizie Avichail. Counsel heard. Motion granted in part. (Court Reporter or FTR Gold Operator initials:C. Simpson.) (FTR Gold yes or no: No.) (RJD) (Entered: 10/14/2010)
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Legal Document (Payment Possibly Required) 138 Filed: 10/14/2010, Entered: None
Exhibit List Second Supplemental by Plaintiff Maizie Avichail.. (Davidovich, Nathan) (Entered: 10/14/2010)
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Legal Document (Payment Possibly Required) 137 Filed: 10/14/2010, Entered: None
Proposed Voir Dire by Defendants Fastaff, Inc., Geraldine Jones. (Hunsaker, Richard) (Entered: 10/14/2010)
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Legal Document (Payment Possibly Required) 136 Filed: 10/14/2010, Entered: None
RESPONSE to Motion re 133 MOTION for Leave to Allow Interpreters filed jointly filed by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Attachments: # 1 Exhibit A)(Hunsaker, Richard) (Entered: 10/14/2010)
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Legal Document (Payment Possibly Required) 135 Filed: 10/13/2010, Entered: None
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiff's Motion in Limine [doc. #101] is DENIED. IT IS FURTHER ORDERED that Defense Motion in Limine to Preclude Hearsay Evidence from Plaintiff Regarding Comments Allegedly Made at the Hospital [doc. #103] is GRANTED. IT IS FURTHER ORDERED that Defendants' First Motion in Limine [doc. #104] is GRANTED. IT IS FURTHER ORDERED that Defendants' Second Motion in Limine [doc. #105] is GRANTED. IT IS FURTHER ORDERED that Joint Defendants' Motion in Limine to Bar Plaintiff from Offering Medical or Nursing Conclusions [doc. #106] is GRANTED. IT IS FURTHER ORDERED that Defendants' Third Motion in Limine [doc. #107] is GRANTED. IT IS FURTHER ORDERED that Defendants' Fourth Motion in Limine [doc. #109] is GRANTED. IT IS FURTHER ORDERED that Defendants' Fifth Motion in Limine [doc. #111] is GRANTED. IT IS FURTHER ORDERED that Defendants' Motion in Limine to Exclude the Testimony of Plaintiff's Expert Leah Hochbaum [doc. #112] is GRANTED, in part, and DENIED, in part, as set forth above. IT IS FURTHER ORDERED that Defendants' Joint Motion in Limine to Exclude and Bar Causation Testimony and Opinions of Plaintiff's Rebuttal Expert Paul Levisohn [doc. #114] is DENIED. IT IS FURTHER ORDERED that Defendants' Joint Motion in Limine to Limit and Exclude the Causation Testimony and Opinions of Plaintiff's Expert David Polaner [doc. #116] is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Strike Defendants' Motion in Limine to Exclude the Testimony of Plaintiffs Expert Leah Hochbaum [doc. #118], Plaintiff's Motion to Strike Defendants' Joint Motion in Limine to Exclude and Bar Causation Testimony and Opinions of Plaintiff's Rebuttal Expert Paul Levisohn [doc. #119], and Plaintiffs Motion to Strike Defendants' Joint Motion in Limine to Exclude the Causation Testimony and Opinions of Plaintiff's Expert David Polaner [doc. #120] are DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Have Certain Witnesses Appear at Trial by Video Link [doc. #129] is GRANTED, in part, and DENIED, in part, as set forth above. Signed by Honorable E. Richard Webber on 10/13/2010. (MGK) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 134 Filed: 10/13/2010, Entered: None Court Filing
Docket Text ORDER: A Telephone Motion Hearing will be held on October 14, 2010, at 3:00 p.m. to address Plaintiff's Motion for Leave to Allow Interpreters 133 . Counsel shall contact chambers with the names and contact numbers of participating counsel for this hearing prior to the date and time set forth. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 133 Filed: 10/12/2010, Entered: None
MOTION for Leave to Allow Interpreters by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Davidovich, Nathan) Modified on 10/14/2010 (RJD). (Entered: 10/12/2010)
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Legal Document (Payment Possibly Required) 132 Filed: 10/7/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Final Pretrial Conference held on 10/7/2010. Counsel heard re: Motions in Limine. Order to follow. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (RJD) (Entered: 10/07/2010)
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Legal Document (Payment Possibly Required) 131 Filed: 10/7/2010, Entered: None
OBJECTION to Pretrial re 110 Objection to Pretrial, Plaintiff's Reply to Defendants' Joint Objection to Plaintiff's Pre-Trial Compliance by Plaintiff Maizie Avichail. Related document: 110 Objection to Pretrial, filed by St. John's Mercy Health System.(Davidovich, Nathan) (Entered: 10/07/2010)
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Legal Document (Payment Possibly Required) 130 Filed: 10/7/2010, Entered: None
RESPONSE to Motion re 129 MOTION for Leave to Present testimony by Video filed by Defendants Fastaff, Inc., Geraldine Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hunsaker, Richard) (Entered: 10/07/2010)
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Legal Document (Payment Possibly Required) 129 Filed: 10/6/2010, Entered: None
MOTION for Leave to Present testimony by Video by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 128 Filed: 10/6/2010, Entered: None
MEMORANDUM in Opposition re 101 MOTION in Limine filed by Defendant St. John's Mercy Health System. (Bean, Kenneth) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 127 Filed: 10/6/2010, Entered: None
RESPONSE to Motion re 111 Fifth MOTION in Limine of Defendants Geraldine Jones, Fastaff, Inc., and St. John's Mercy Medical Center filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 126 Filed: 10/6/2010, Entered: None
RESPONSE to Motion re 109 Fourth MOTION in Limine of Defendants Geraldine Jones, Fastaff, Inc., and St. John's Mercy Medical Center filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 125 Filed: 10/6/2010, Entered: None
RESPONSE to Motion re 107 Third MOTION in Limine of Defendants Geraldine Jones, Fastaff, Inc., and St. John's Mercy Medical Center filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 124 Filed: 10/6/2010, Entered: None
RESPONSE to Motion re 105 Second MOTION in Limine of Defendants Geraldine Jones, Fastaff, Inc. and St. John's Mercy Medical Center filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/06/2010)
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Legal Document (Payment Possibly Required) 123 Filed: 10/5/2010, Entered: None
RESPONSE to Motion re 104 First MOTION in Limine filed by Defendants Geraldine Jones and Fastaff Nursing and St. John's Mercy Medical Center filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 122 Filed: 10/5/2010, Entered: None
RESPONSE to Motion re 103 MOTION in Limine TO PRECLUDE HEARSAY EVIDENCE FROM PLAINTIFF REGARDING COMMENTS ALLEGEDLY MADE AT THE HOSPITAL filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 121 Filed: 10/5/2010, Entered: None
RESPONSE to Motion re 106 MOTION in Limine TO BAR PLAINITFF FROM OFFERING MEDICAL OR NURSING CONCLUSIONS filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 120 Filed: 10/5/2010, Entered: None
MOTION to Strike 116 Joint MOTION in Limine to Limit and Exclude the Causation Testimony and Opinions of Plaintiff's Expert David Polaner by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 119 Filed: 10/5/2010, Entered: None
MOTION to Strike 114 Joint MOTION in Limine to Exclude and Bar Causation Testimony and Opinions of Plaintiff's Rebuttal Expert Dr. Paul Levisohn by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 118 Filed: 10/5/2010, Entered: None
Plaintiff's Motion to Strike Defendants Geraldine Jones, Fastaff, Inc. a Colorado Corporation d/b/a Fastaff Travel Nursing, and St. John's Mercy Medical Center's Joint MOTION in Limine to Exclude the Testimony of Plaintiff's Expert Leah Hochbaum filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) Modified on 10/13/2010 (MGK). (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 117 Filed: 10/4/2010, Entered: None
MEMORANDUM in Support of Motion re 116 Joint MOTION in Limine to Limit and Exclude the Causation Testimony and Opinions of Plaintiff's Expert David Polaner filed by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 116 Filed: 10/4/2010, Entered: None
Joint MOTION in Limine to Limit and Exclude the Causation Testimony and Opinions of Plaintiff's Expert David Polaner by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 115 Filed: 10/4/2010, Entered: None
MEMORANDUM in Support of Motion re 114 Joint MOTION in Limine to Exclude and Bar Causation Testimony and Opinions of Plaintiff's Rebuttal Expert Dr. Paul Levisohn filed by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 114 Filed: 10/4/2010, Entered: None
Joint MOTION in Limine to Exclude and Bar Causation Testimony and Opinions of Plaintiff's Rebuttal Expert Dr. Paul Levisohn by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 113 Filed: 10/4/2010, Entered: None
MEMORANDUM in Support of Motion re 112 Joint MOTION in Limine to Exclude the Testimony of Plaintiff's Expert Leah Hochbaum filed by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 112 Filed: 10/4/2010, Entered: None
Joint MOTION in Limine to Exclude the Testimony of Plaintiff's Expert Leah Hochbaum by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 111 Filed: 10/4/2010, Entered: None
Fifth MOTION in Limine by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 110 Filed: 10/4/2010, Entered: None
OBJECTION to Pretrial re 100 Exhibit List, 96 Exhibit List, 99 Trial Brief by Defendant St. John's Mercy Health System. Related document: 100 Exhibit List filed by Maizie Avichail, 96 Exhibit List filed by Maizie Avichail, 99 Trial Brief filed by Maizie Avichail. (Attachments: # 1 Exhibit)(Bean, Kenneth) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 109 Filed: 10/4/2010, Entered: None
Fourth MOTION in Limine by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 108 Filed: 10/4/2010, Entered: None
Proposed Jury Instructions by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 107 Filed: 10/4/2010, Entered: None
Third MOTION in Limine by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 106 Filed: 10/4/2010, Entered: None Motion in Limine
MOTION in Limine TO BAR PLAINITFF FROM OFFERING MEDICAL OR NURSING CONCLUSIONS by Defendant St. John's Mercy Health System. (Attachments: # 1 Exhibit)(Bean, Kenneth) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 105 Filed: 10/4/2010, Entered: None
Second MOTION in Limine by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 104 Filed: 10/4/2010, Entered: None
First MOTION in Limine by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 103 Filed: 10/4/2010, Entered: None Motion in Limine
MOTION in Limine TO PRECLUDE HEARSAY EVIDENCE FROM PLAINTIFF REGARDING COMMENTS ALLEGEDLY MADE AT THE HOSPITAL by Defendant St. John's Mercy Health System. (Attachments: # 1 Exhibit)(Bean, Kenneth) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 102 Filed: 10/4/2010, Entered: None
OBJECTION to Pretrial re Defendants' Joint Exhibit List 94 by Plaintiff Maizie Avichail. (Davidovich, Nathan) Modified on 10/5/2010 (BABS). (Entered: 10/04/2010)
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Blank 101 Filed: 10/4/2010, Entered: None Motion in Limine
MOTION in Limine by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 100 Filed: 10/3/2010, Entered: None
Exhibit List Supplemental by Plaintiff Maizie Avichail.. (Davidovich, Nathan) (Entered: 10/03/2010)
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Legal Document (Payment Possibly Required) 99 Filed: 9/27/2010, Entered: None
TRIAL BRIEF by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 98 Filed: 9/27/2010, Entered: None
Proposed Voir Dire by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 09/27/2010)
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Blank 97 Filed: 9/27/2010, Entered: None
Witness List by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 96 Filed: 9/27/2010, Entered: None
Exhibit List by Plaintiff Maizie Avichail.. (Davidovich, Nathan) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 95 Filed: 9/27/2010, Entered: None
Deposition List by Defendant St. John's Mercy Health System, Fastaff, Inc and Geraldine Jones. Deponent(s)name: Josephine Carolino & Jeffrey Marsh, M.D.. (Bean, Kenneth) Modified on 9/28/2010 (MCB). (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 94 Filed: 9/27/2010, Entered: None
Exhibit List by Defendant St. John's Mercy Health System, Fastaff, Inc. and Geraldine Jones. (Bean, Kenneth) Modified on 9/28/2010 (MCB). (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 93 Filed: 9/27/2010, Entered: None
Witness List by Defendant St. John's Mercy Health System, Fastaff, Inc, and Geraldine Jones. (Bean, Kenneth) Modified on 9/28/2010 (MCB). (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 92 Filed: 9/27/2010, Entered: None
Stipulation of Uncontested Facts by Plaintiff Maizie Avichail, Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 91 Filed: 9/27/2010, Entered: None
TRIAL BRIEF filed jointly by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 90 Filed: 9/22/2010, Entered: None Court Filing
Docket Text ORDER: Motion for Leave to Appear by Telephone or by Video Conference 89 for participation in the October 7, 2010 Pretrial Conference is GRANTED. Counsel shall contact chambers prior to the conference date set forth above to make these arrangements. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 09/22/2010)
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Legal Document (Payment Possibly Required) 89 Filed: 9/22/2010, Entered: None
MOTION for Leave to Appear at Final Pretrial Conference by Phone or Video by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 09/22/2010)
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Legal Document (Payment Possibly Required) 88 Filed: 9/21/2010, Entered: None Court Filing
Docket Text ORDER: Final Pretrial Conference in this matter will be held on October 7, 2010, at 1:30 p.m., not October 6th as previously scheduled. Jury Trial in this matter remains set on a three-week docket beginning October 18, 2010, at 8:30 a.m. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 09/21/2010)
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Legal Document (Payment Possibly Required) 87 Filed: 9/16/2010, Entered: None Court Filing
Docket Text ORDER: Pursuant to the Court's Memorandum and Order dated September 2, 2010, Defendants' Motion for Extension of Time to Complete Discovery 86 is GRANTED. Defendants have until September 24, 2010, to secure an expert witness and produce that expert's Rule 26(a)(2) report. The deposition of that expert witness shall be completed no later than October 1, 2010. The Jury Trial in this matter remains set on a three-week docket beginning October 18, 2010, at 8:30 a.m. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 09/16/2010)
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Legal Document (Payment Possibly Required) 86 Filed: 9/15/2010, Entered: None
MOTION for Extension of Time to Complete Discovery by Defendant St. John's Mercy Health System. (Bean, Kenneth) (Entered: 09/15/2010)
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Legal Document (Payment Possibly Required) 85 Filed: 9/2/2010, Entered: None
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants' Renewed Joint Motion to Strike Plaintiff's Designation of Rebuttal Expert and Bar Testimony of Dr. Paul Levisohn [doc. #71] is DENIED. Signed by Honorable E. Richard Webber on September 2, 2010. (MGK) (Entered: 09/02/2010)
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Legal Document (Payment Possibly Required) 84 Filed: 8/31/2010, Entered: None
Minute Entry for proceedings held before Honorable E. Richard Webber: Motion Hearing held on 8/31/2010 re 71 Joint MOTION to Strike Plaintiff's Designation of Rebuttal Expert and Bar Testimony of Dr. Paul Levisohn (RENEWED) filed by Geraldine Jones, Fastaff, Inc. Arguments of counsel heard. Order to follow. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: No.) (MCB) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 83 Filed: 8/20/2010, Entered: None Court Filing
Docket Text ORDER: Motion to Seal Document 82 is GRANTED. Exhibit 1 to Document 69 shall be sealed by this Court. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 82 Filed: 8/20/2010, Entered: None
MOTION to Seal Document 69 Response to Motion by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit Dr. Levisohn Redacted report)(Davidovich, Nathan) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 81 Filed: 8/20/2010, Entered: None Court Filing
Docket Text ORDER: Motion for Leave to Appear by Telephone or by Video Conference 78 for participation in the August 31, 2010 Hearing is GRANTED. Counsel shall contact chambers prior to the conference date set forth above to make these arrangements. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 80 Filed: 8/20/2010, Entered: None Court Filing
Docket Text ORDER: Motion for Leave to File Documents Under Seal 79 is GRANTED. Exhibits A and C to Document 68 shall be sealed by this Court. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 79 Filed: 8/19/2010, Entered: None
Joint MOTION to Seal Document (Exhibit A and Exhibit C to their Joint Memorandum of Law in Support of Their Joint Motion to Strike Plaintiff's Designation of Rebuttal Expert and Bar Testimony of Dr. Paul Levisohn) by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 78 Filed: 8/19/2010, Entered: None
MOTION for Leave to Appear by Telephone by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 77 Filed: 8/19/2010, Entered: None Court Filing
Docket Text ORDER: Counsel for all parties shall appear before this Court on August 31, 2010, at 9:00 a.m. to address Defendants' Renewed Motion to Strike Plaintiff's Designation of Rebuttal Expert and Bar Testimony of Dr. Paul Levisohn 71 . So Ordered by Judge E. Richard Webber. (BABS) (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 76 Filed: 8/19/2010, Entered: None Court Filing
Docket Text ORDER: Due to the recent reassignment of this case to Judge E. Richard Webber, the following deadlines shall now apply: Pretrial Compliance shall be filed by the parties no later than September 27, 2010. Objections to Pretrial Compliance and any Motions in Limine shall be filed no later than October 4, 2010. The Final Pretrial Conference will be held on October 6, 2010, at 1:00 p.m. The Jury Trial in this matter is set on a three-week docket beginning October 18, 2010, at 8:30 a.m. So Ordered by Judge E. Richard Webber. (BABS) Modified on 8/20/2010 (BABS). (Entered: 08/19/2010)
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Sealed Legal Document 75 Filed: 8/18/2010, Entered: None
SEALED DOCUMENT by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 74 Filed: 8/18/2010, Entered: None
ADMINISTRATIVE ORDER REASSIGNING CASE. IT IS HEREBY ORDERED that the following cases shall be transferred to the following. All previous trial settings remain set as indicated below. Case reassigned to Honorable E. Richard Webber for all further proceedings. Trial scheduled for October 18, 2010 at 9:00a.m. This is a two week docket Honorable Donald J. Stohr no longer assigned to case. Signed by Honorable Catherine D. Perry on 8/18/10. (JWJ) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 73 Filed: 8/18/2010, Entered: None
RESPONSE to Motion re 71 Joint MOTION to Strike Plaintiff's Designation of Rebuttal Expert and Bar Testimony of Dr. Paul Levisohn (RENEWED) filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 72 Filed: 8/13/2010, Entered: None
MEMORANDUM in Support of Motion re 71 Joint MOTION to Strike Plaintiff's Designation of Rebuttal Expert and Bar Testimony of Dr. Paul Levisohn (RENEWED) filed by Defendants Fastaff, Inc., Geraldine Jones. (Hunsaker, Richard) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 71 Filed: 8/13/2010, Entered: None
Joint MOTION to Strike Plaintiff's Designation of Rebuttal Expert and Bar Testimony of Dr. Paul Levisohn (RENEWED) by Defendants Fastaff, Inc., Geraldine Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hunsaker, Richard) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 70 Filed: 8/9/2010, Entered: None
ORDER IT IS HEREBY ORDERED that defendants' motion to strike plaintiff's designation of rebuttal expert and to bar testimony of Dr. Paul Levisohn [Doc. #67] is denied without prejudice. Signed by Honorable Donald J. Stohr on 8/9/2010. (NCL) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 69 Filed: 7/27/2010, Entered: None
RESPONSE to Motion re 67 Joint MOTION to Strike PLAINTIFFS DESIGNATION OF REBUTTAL EXPERT AND BAR TESTIMONY OF DR. PAUL LEVISOHN filed by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit A Report of Dr. Levisohn)(Davidovich, Nathan) Exhibit 1 SEALED 8/20/2010 pursuant Docket Text Order 83 (KLH). (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 68 Filed: 7/21/2010, Entered: None
MEMORANDUM in Support of Motion re 67 Joint MOTION to Strike PLAINTIFFS DESIGNATION OF REBUTTAL EXPERT AND BAR TESTIMONY OF DR. PAUL LEVISOHN filed by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hunsaker, Richard) Exhibits A and C SEALED 8/20/2010 pursuant Docket Text Order 80 (KLH). (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 67 Filed: 7/21/2010, Entered: None
Joint MOTION to Strike PLAINTIFFS DESIGNATION OF REBUTTAL EXPERT AND BAR TESTIMONY OF DR. PAUL LEVISOHN by Defendants Fastaff, Inc., Geraldine Jones, St. John's Mercy Health System. (Hunsaker, Richard) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 66 Filed: 7/19/2010, Entered: None
SUPPLEMENTAL re 65 Disclosure of Expert Witness Paul Levisohn, M.D. by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 65 Filed: 7/15/2010, Entered: None
Disclosure of Expert Witness Name(s): Paul Levisohn, M.D. by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 07/15/2010)
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Legal Document (Payment Possibly Required) 64 Filed: 7/9/2010, Entered: None
ORDER - IT IS HEREBY ORDERED that plaintiff's motion to amend case management order for extension of time for plaintiff to depose defendants' expert witnesses is granted as follows. IT IS FURTHER ORDERED that the depositions of defendants' experts shall be completed on or before August 26, 2010. granting 63 Motion to Amend/Correct Signed by Honorable Donald J. Stohr on 7/9/2010. (MRC) (Entered: 07/09/2010)
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Legal Document (Payment Possibly Required) 63 Filed: 7/8/2010, Entered: None Motion to Amend/Correct
MOTION to Amend/Correct 58 Order,,, For Extension of Time to Depose Defendants' Expert Witnesses by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 62 Filed: 6/18/2010, Entered: None
ADR COMPLIANCE REPORT by Neutral: George Fitzsimmons. Date of Conference: 6/14/10. The parties participated in good faith. The parties did not achieve a settlement.(KJF) (Entered: 06/22/2010)
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Legal Document (Payment Possibly Required) 61 Filed: 4/26/2010, Entered: None
NOTICE of Change of Address filed by Kenneth W. Bean (Bean, Kenneth) (Entered: 04/26/2010)
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Legal Document (Payment Possibly Required) 60 Filed: 4/12/2010, Entered: None
Designation of Neutral by parties and ADR Conference Report by Plaintiff Maizie Avichail Neutral: George Fitzsimmons Date of Conference: June 14, 2010 time: 9:30 a.m. Location: St. Louis, Missouri(Davidovich, Nathan) (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 59 Filed: 4/5/2010, Entered: None
Non-Compliance Electronic Notice to: LEAD COUNSEL. review of case shows the designation of neutral by parties/ADR conference report has not been filed. A written motion requesting an extension must be filed with the court within 5 days. Notice only, no.pdf attached. Although parties mention George Fitzsimmons of USAM and a date of 4/28 in motion to amend cmo filed 3/4/10 no designation has been filed. (EXTENSION OF TIME TO COMPLETE MEDIATION WAS GRANTED TO 7/30/10)(LSD) (Entered: 04/05/2010)
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Legal Document (Payment Possibly Required) 58 Filed: 3/16/2010, Entered: None
ORDER IT IS HEREBY ORDERED that defendants Geraldine Jones and Fastaff, Inc.s motion to amend case management order [Doc. #56] is granted as follows.IT IS FURTHER ORDERED that the plaintiff shall make expert witnesses available for depositions, and depositions of plaintiffs experts shall be completed on or before May 31, 2010. IT IS FURTHER ORDERED that defendants shall providereports required by Rule 26(a)(2) on or before June 15, 2010, and shall make their witnesses available for depositions, and have depositions completed, on or before July 9, 2010. IT IS FURTHER ORDERED that mediation shall be completedon or before July 30, 2010. IT IS FURTHER ORDERED that all discovery shall becompleted and dispositive motions shall be filed on or before August 6, 2010.( ADR Completion Deadline due by 7/30/2010., Discovery Completion due by 8/6/2010.) Signed by Honorable Donald J. Stohr on 3/16/10. (JWJ) (Entered: 03/16/2010)
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Legal Document (Payment Possibly Required) 57 Filed: 3/5/2010, Entered: None
RESPONSE to Motion re 56 MOTION to Amend/Correct Case Management Order filed by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Davidovich, Nathan) (Entered: 03/05/2010)
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Legal Document (Payment Possibly Required) 56 Filed: 3/4/2010, Entered: None Motion to Amend/Correct
MOTION to Amend/Correct Case Management Order by Defendants Fastaff, Inc., Geraldine Jones. (Hunsaker, Richard) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 55 Filed: 3/2/2010, Entered: None
ORDER - IT IS HEREBY ORDERED that plaintiffs motion for extension of time [Doc. # 54 ] is granted. IT IS FURTHER ORDERED that the designation of neutral and initial conference report shall be filed no later than April 2, 2010, and the mediation shall be completed no later than May 3, 2010. Signed by Honorable Donald J. Stohr on 3/2/10. (KJF, ) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 54 Filed: 3/1/2010, Entered: None
MOTION for Extension of Time to Complete Mediation by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 03/01/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 1/26/2010, Entered: None
Docket Text ORDER re 51 : Defendant Fastaff, Inc.'s Motion to withdraw its Motion to Dismiss, SO ORDERED. Signed by Honorable Donald J. Stohr on 1/26/10. (LCE) (Entered: 01/26/2010)
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Blank 52 Filed: 1/25/2010, Entered: None
ANSWER to 20 Amended Complaint, by Geraldine Jones, Fastaff, Inc..(Hunsaker, Richard) (Entered: 01/25/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 1/25/2010, Entered: None
MEMORANDUM to the Court by Defendant Fastaff, Inc.. (Hunsaker, Richard) (Entered: 01/25/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 1/21/2010, Entered: None
SUMMONS Returned Executed filed by Maizie Avichail. Geraldine Jones served on 1/4/2010, answer due 1/25/2010. (Davidovich, Nathan) (Entered: 01/21/2010)
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Legal Document (Payment Possibly Required) 49 Filed: 1/11/2010, Entered: None
ORDER IT IS HEREBY ORDERED that, on or before January 25, 2010, defendant Fastaff, Inc. shall file a memorandum with the Court stating why its motion to dismiss should not be denied as moot. To the extent defendant Fastaff contends that its motion is not moot, plaintiff shall be granted 10 days from the filing of defendant Fastaff's memorandum to file a response. Response to Court due by 1/25/2010. Signed by Honorable Donald J. Stohr on 1/11/2010. (NCL) (Entered: 01/11/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 12/17/2009, Entered: None
Disclosure of Expert Witness Name(s): James Evenson by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 12/17/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 12/1/2009, Entered: None
Docket Text ORDER re 46 : Plaintiff's MOTION to extend the deadline for designating an economic expert to December 17, 2009, GRANTED. Signed by Honorable Donald J. Stohr on 12/1/09. (LCE) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 11/30/2009, Entered: None
Second MOTION to Amend/Correct 34 Order on Motion to Amend/Correct, 13 Case Management Order, REGARDING EXPERT DESIGNATIONS, AS TO AN ECONOMIC EXPERT by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 45 Filed: 11/30/2009, Entered: None
Disclosure of Expert Witness Name(s): Leah Hochbaum, OTR/L; David M. Polaner, M.D. by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 11/30/2009, Entered: None
AFFIDAVIT OF NATHAN DAVIDOVICH RE FAILURE TO USE REASONABLE CARE BY DEFENDANT ST. JOHN'S MERCY HEALTH SYSTEM PURSUANT TO MO.ANN.STAT. 538.225 by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit Polaner CV)(Davidovich, Nathan) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 43 Filed: 11/30/2009, Entered: None
AFFIDAVIT OF NATHAN DAVIDOVICH RE FAILURE TO USE REASONABLE CARE BY DEFENDANT JONES PURSUANT TO MO.ANN.STAT. 538.225 by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit Polaner CV)(Davidovich, Nathan) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 42 Filed: 11/30/2009, Entered: None
AFFIDAVIT OF NATHAN DAVIDOVICH RE FAILURE TO USE REASONABLE CARE BY DEFENDANT FASTAFF, INC. PURSUANT TO MO.ANN.STAT. 538.255 by Plaintiff Maizie Avichail. (Attachments: # 1 Exhibit Polaner CV)(Davidovich, Nathan) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 11/23/2009, Entered: None
MEMORANDUM REGARDING ALIAS SUMMONS FOR GERALDINE JONES by Plaintiff Maizie Avichail. (Attachments: # 1 Summons)(Davidovich, Nathan) (Entered: 11/23/2009)
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Legal Document (Payment Possibly Required) 40 Filed: 11/18/2009, Entered: None
NOTICE OF PROCESS SERVER by Plaintiff Maizie Avichail Process Server: Paul Ivey (Davidovich, Nathan) (Entered: 11/18/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 11/18/2009, Entered: None
MEMORANDUM re 20 Amended Complaint, Request to Issue Summons to serve Geraldine Jones by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 11/18/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 10/9/2009, Entered: None
ORDER - IT IS HEREBY ORDERED that defendants' motions to extend time for ADR [Docs #35, #36,& #37] are granted as follows. IT IS FURTHER ORDERED that the designation of neutral and initial conference report shall be filed no later than March 1, 2010, and the mediation shall be completed no later than April 1, 2010. ( ADR Completion Deadline due by 4/1/2010., ADR Conference Schedule due by 3/1/2010., Designation of Neutral due by 3/1/2010.). Signed by Honorable Donald J. Stohr on 10/9/2009. (MRC) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 10/2/2009, Entered: None
MOTION for Extension of: Time for ADR by Defendant Fastaff, Inc.. (Hunsaker, Richard) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 36 Filed: 10/2/2009, Entered: None
AMENDED MOTION for Extension of Time to Complete Discovery to Extend time for ADR by Defendant St. John's Mercy Health System. (Attachments: # 1 Text of Proposed Order)(Bean, Kenneth) Modified docket text on 10/5/2009 (NCL). (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 10/2/2009, Entered: None
MOTION for Extension of Time to Complete Mediation To Extend Time for ADR by Defendant St. John's Mercy Health System. (Bean, Kenneth) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 34 Filed: 9/25/2009, Entered: None
ORDER (SEE ORDER FOR COMPLETE DETAILS.) IT IS HEREBY ORDERED that plaintiff's motion to amend the case management order [Doc. #33] is granted in part and denied in part Granting in part and denying in part 33 Motion to Amend/Correct. Discovery Completion due by 6/15/2010. Dispositive Motions due by 6/15/2010. Signed by Honorable Donald J. Stohr on 9/25/2009. (NCL) (Entered: 09/25/2009)
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Legal Document (Payment Possibly Required) 33 Filed: 9/23/2009, Entered: None Motion to Amend/Correct
MOTION to Amend/Correct 13 Case Management Order, Regarding Expert Designations by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 09/23/2009)
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Legal Document (Payment Possibly Required) 32 Filed: 9/11/2009, Entered: None
ORDER REFERRING CASE to Alternative Dispute Resolution.(see order for complete details). This case is referred to: Mediation Designation of Lead Counsel: Nathan Davidovich. The ADR conference(s) shall be concluded before November 11, 2009, unless extended by the Order of the Court.....Not later than October 2, 2009, lead counsel shall notify the clerk of the agreed choice of neutral selected by the parties and the date, time and location of the initial ADR Conference..... ADR Completion Deadline due by 11/11/2009. Designation of Neutral due by 10/2/2009. ADR Conference Schedule due by 10/2/2009.. Signed by Honorable Donald J. Stohr on 9/11/2009. (MRC) (Entered: 09/11/2009)
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Legal Document (Payment Possibly Required) 31 Filed: 9/10/2009, Entered: None
RESPONSE to Motion re 30 MOTION to Dismiss Case Pursuant to MO.ANN.STAT. Section 538.225 filed by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 09/10/2009)
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Legal Document (Payment Possibly Required) 30 Filed: 8/31/2009, Entered: None Motion to Dismiss
MOTION to Dismiss Case Pursuant to MO.ANN.STAT. Section 538.225 by Defendant Fastaff, Inc.. (Hunsaker, Richard) (Entered: 08/31/2009)
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Legal Document (Payment Possibly Required) 29 Filed: 8/20/2009, Entered: None
ENTRY of Appearance by Melanie E. Riley for Defendant Fastaff, Inc.. (Riley, Melanie) (Entered: 08/20/2009)
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Legal Document (Payment Possibly Required) 28 Filed: 8/17/2009, Entered: None
SUMMONS Returned Executed filed by Maizie Avichail. Fastaff, Inc. served on 7/28/2009, answer due 8/17/2009. (Davidovich, Nathan) (Entered: 08/17/2009)
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Legal Document (Payment Possibly Required) 27 Filed: 8/6/2009, Entered: None
MOTION for Extension of Time to File Answer by Defendant Fastaff, Inc.. (Attachments: # 1 Text of Proposed Order)(Hunsaker, Richard) (Entered: 08/06/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 8/6/2009, Entered: None
ENTRY of Appearance by Richard K. Hunsaker for Defendant Fastaff, Inc.. (Hunsaker, Richard) (Entered: 08/06/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 7/16/2009, Entered: None
NOTICE OF PROCESS SERVER by Plaintiff Maizie Avichail Process Server: Checkmate, Inc. (Attachments: # 1 Summons)(Davidovich, Nathan) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 7/16/2009, Entered: None
MEMORANDUM REQUESTING ISSUANCE OF SUMMONS by Plaintiff Maizie Avichail. (Davidovich, Nathan) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 7/15/2009, Entered: None
NOTICE OF PROCESS SERVER by Plaintiff Maizie Avichail Process Server: Checkmate, Inc. (Attachments: # 1 Summons)(Davidovich, Nathan) (Entered: 07/15/2009)
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Blank 22 Filed: 7/13/2009, Entered: None
ANSWER to 20 Amended Complaint, by St. John's Mercy Health System.(Bean, Kenneth) (Entered: 07/13/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 7/10/2009, Entered: None
ORDER - IT IS HEREBY ORDERED, in view of the recent amendment of the complaint and the newly-added defendants who have not yet been served and entered an appearance, that the referral of this action to mediation will be deferred from July 10, 2009, as originally scheduled, to September 11, 2009. Signed by Honorable Donald J. Stohr on 7/10/09. (KJF, ) (Entered: 07/10/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 6/25/2009, Entered: None
AMENDED COMPLAINT against defendant Geraldine Jones, Fastaff, Inc., St. John's Mercy Health System Amendment to 1 Complaint, Summons(es) issued-None, Waivers issued- None, Jury demand,, filed by T. A.. Related document: 1 Complaint, filed by T. A. (MRC) (Entered: 06/25/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 6/25/2009, Entered: None
ORDER - IT IS HEREBY ORDERED that plaintiff's unopposed motion to amend complaint is granted. The Clerk shall detach and separately docket and file as a first amended complaint the proposed pleading submitted as an attachment to the motion. granting 18 Motion to Amend/Correct Signed by Honorable Donald J. Stohr on 6/25/2009. (MRC) (Entered: 06/25/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 6/19/2009, Entered: None Motion to Amend/Correct
MOTION to Amend/Correct 1 Complaint, by Plaintiff T. A.. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Text of Proposed Order)(Davidovich, Nathan) (Entered: 06/19/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 6/12/2009, Entered: None
MOTION to Withdraw as Attorney Unopposed ;attorney/firm Stuart A. Jay by Plaintiff T. A.. (Jay, Stuart) (Entered: 06/12/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 3/24/2009, Entered: None
ORDER - IT IS HEREBY ORDERED that plaintiffs motion to amend case management order regarding trial date [Doc. #15] is granted as follows. IT IS FURTHER ORDERED that the trial date is reset from September 7, 2010 to the two-week docket commencing October 18, 2010. Signed by Honorable Donald J. Stohr on 3/24/09. (KJF, ) (Entered: 03/24/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 3/23/2009, Entered: None Motion to Amend/Correct
MOTION to Amend/Correct 13 Case Management Order, Regarding Trial Date by Plaintiff T. A.. (Attachments: # 1 Text of Proposed Order)(Davidovich, Nathan) (Entered: 03/23/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 3/20/2009, Entered: None
MOTION for Extension of Time to Complete Discovery by Defendant St. John's Mercy Health System. (Attachments: # 1 Text of Proposed Order)(Bean, Kenneth) (Entered: 03/20/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 3/20/2009, Entered: None
CASE MANAGEMENT ORDER This case is assigned to Track: 3 (Complex) Motion to Join Parties due by 6/19/2009. Discovery Completion due by 4/14/2010. ADR Future Reference 7/10/2009. Dispositive Motions due by 4/15/2010. Jury Trial set for 9/7/2010 09:00 AM in Courtroom 16S before Honorable Donald J. Stohr. Pretrial Compliance due by 8/18/2010. Motion in Limine due by 8/23/2010. Signed by Honorable Donald J. Stohr on 3/20/2009. (NCL) (Entered: 03/20/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 3/18/2009, Entered: None
JOINT SCHEDULING PLAN by Defendant St. John's Mercy Health System. and Plaintiffs (Davidovich, Nathan). (Bean, Kenneth) (Entered: 03/18/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 3/2/2009, Entered: None
ORDER REQUIRING JOINT PROPOSED SCEDULING PLAN ( see order for complete details) This case is assigned to Track: 3 complex Joint Scheduling Plan due by 3/20/2009. Signed by Honorable Donald J. Stohr on 3/2/09. (JWJ) (Entered: 03/02/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 2/17/2009, Entered: None
MOTION for Extension of Time to Complete Discovery by Defendant St. John's Mercy Health System. (Attachments: # 1 Text of Proposed Order)(Bean, Kenneth) (Entered: 02/17/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 2/17/2009, Entered: None
ANSWER to Complaint by St. John's Mercy Health System.(Bean, Kenneth) (Entered: 02/17/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 2/3/2009, Entered: None
SUMMONS Returned Executed filed by T. A.. St. John's Mercy Health System served on 1/28/2009, answer due 2/17/2009. (Davidovich, Nathan) (Entered: 02/03/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 1/23/2009, Entered: None
ORDER IT IS HEREBY ORDERED that plaintiff's motion for appointment of next friend [Doc. #6] is granted. IT IS FURTHER ORDERED that Maizie Avichail, mother of T.A., a minor, is appointed as the Next Friend of said minor in this action. Granting 6 Motion for Appointment of Next Friend. Signed by Honorable Donald J. Stohr on 1/23/2009. (NCL) (Entered: 01/23/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 1/22/2009, Entered: None
MOTION for Appointment of Next Friend as to T.A. ; relationship to minor:Mother by Plaintiff T. A.. (Attachments: # 1 Exhibit "A" Verification of Signed Original Document, # 2 Text of Proposed Order)(Jay, Stuart) (Entered: 01/22/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 1/22/2009, Entered: None
NOTICE Intent to Use Process Server: by Plaintiff T. A. (Jay, Stuart) (Entered: 01/22/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 1/13/2009, Entered: None
ORDER OF INITIAL DISCOVERY; ORDERED plaintiff(s) shall forthwith serve process or mail waiver of service. ORDERED notwithstanding FRCP 26(d) and (f), any party who has entered an appearance may serve interrogatories and request for production or inspection upon plaintiff at any time and upon any other party after that party's entry of appearance. Parties shall respond to discovery requests w/in 30 days of service of discovery requests. No party may take oral depositions or serve requests for admissions prior to the Court's issuance of a CMO. As permitted by this Order, discovery shall commence immediately. FURTHER ORDERED plaintiff(s) shall serve a copy of this order along w/discovery requests to a party who has not entered an appearance as of the date of this order. Signed by Honorable Donald J. Stohr on 1/13/09. (JWJ) (Entered: 01/13/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 1/8/2009, Entered: None
MOTION for Leave to Appear Pro Hac Vice Nathan Davidovich (Filing fee $100) by Plaintiff T. A.. (SAJ) (Additional attachment(s) added on 1/13/2009: # 1 Redacted Pro Hac Vice) (SAJ). (Entered: 01/12/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 1/8/2009, Entered: None
MOTION for Leave to Appear Pro Hac Vice Stuart A. Jay (Filing fee $100) by Plaintiff T. A.. (SAJ) (Additional attachment(s) added on 1/13/2009: # 1 Redacted Pro Hac Vice) (SAJ). (Entered: 01/12/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 1/8/2009, Entered: None
COMPLAINT against defendant St. John's Mercy Health System 1 @ 20 days Summons(es) issued, Jury Demand,, filed by T. A.. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter)(SAJ) (Additional attachment(s) added on 1/13/2009: # 3 Redacted Complaint, # 4 Civil Cover Sheet Redacted) (SAJ). (Entered: 01/12/2009)
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