| Court: | ohsd |
| Docket #: | 2:09-cv-00125 |
| Case Name: | Tomlinson v. Collins et al |
| PACER case #: | 128224 |
| Date filed: | 2009-02-20 |
| Date terminated: | 2011-02-07 |
| Assigned to: | Judge Gregory L Frost |
| Referred to: | Magistrate Judge Terence P Kemp |
| Case Cause: | 28:1343 Violation of Civil Rights |
| Nature of Suit: | 360 P.I.: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| John R Tomlinson Plaintiff |
Paula Jan Copeland |
| Director Terry Collins Defendant |
Ashley D Rutherford Starling Lisa M Eschbacher Richard Thomas Cholar , Jr. |
| Medical Director John DesMarias Defendant |
Ashley D Rutherford Starling Lisa M Eschbacher Richard Thomas Cholar , Jr. |
| Ikenna Nzeogu, D.O. Defendant |
Ashley D Rutherford Starling Lisa M Eschbacher Richard Thomas Cholar , Jr. |
| Karen Stanforth Defendant |
Ashley D Rutherford Starling Lisa M Eschbacher Richard Thomas Cholar , Jr. |
| Dr John Doe Siddiqi Defendant |
Ashley D Rutherford Starling |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-02-20 | 1 | 0 | COMPLAINT with JURY DEMAND against all defendants filed by John R Tomlinson. ( Filing fee $ 350 paid - receipt number: 06480000000002037914) (Copeland, Paula) (Entered: 02/20/2009) | |||
| 2009-02-20 | 2 | 0 | AMENDED COMPLAINT against all defendants, filed by John R Tomlinson. (Copeland, Paula) Modified on 2/23/2009 to clarify text (kk2). (Entered: 02/20/2009) | |||
| 2009-02-24 | 3 | 0 | Civil Cover Sheet. (pes) (Entered: 02/24/2009) | |||
| 2009-03-24 | 4 | 0 | Summons Issued as to Terry Collins, John DesMarias, Ikenna Nzeogu, D.O., Karen Stanforth. (pes1) (Entered: 03/24/2009) | |||
| 2009-04-06 | 5 | 0 | SUMMONS Returned Executed by Plaintiff John R Tomlinson: Terry Collins served on 3/30/2009, answer due 4/20/2009. (Copeland, Paula) Modified on 4/7/2009 to correct text & filer (kk2). (Entered: 04/06/2009) | |||
| 2009-04-06 | 6 | 0 | SUMMONS Returned Executed by Plaintiff John R Tomlinson: Ikenna Nzeogu, D.O. served on 3/30/2009, answer due 4/20/2009. (Copeland, Paula) Modified on 4/7/2009 to correct text & filer (kk2). (Entered: 04/06/2009) | |||
| 2009-04-06 | 7 | 0 | SUMMONS Returned Executed by Plaintiff John R Tomlinson: Karen Stanforth served on 3/30/2009, answer due 4/20/2009. (Copeland, Paula) Modified on 4/7/2009 to correct text & filer (kk2). (Entered: 04/06/2009) | |||
| 2009-04-06 | 8 | 0 | SUMMONS Returned Executed by Plaintiff John R Tomlinson: John DesMarias served on 3/30/2009, answer due 4/20/2009. (Copeland, Paula) Modified on 4/7/2009 to correct text & filer (kk2). (Entered: 04/06/2009) | |||
| 2009-04-16 | 9 | 0 | NOTICE of Stipulation for Leave to Plead re 1 Complaint by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O. & Karen Stanforth (Cholar, Richard) Modified on 4/16/2009 to clarify text (kk2). (Entered: 04/16/2009) | |||
| 2009-05-08 | 10 | 0 | ANSWER with Jury Demand to 2 Amended Complaint by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O. & Karen Stanforth. (Cholar, Richard) (Entered: 05/08/2009) | |||
| 2009-05-28 | 11 | 0 | NOTICE: Initial Conference set for 7/2/2009 @ 2:15pm in chambers before Magistrate Judge Terence P Kemp - (Attachments: # 1 Important Notice-3, # 2 Notice re discovery) (wh1) (Entered: 05/28/2009) | |||
| 2009-06-24 | 12 | 0 | RULE 26(f) REPORT of the parties by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O., Karen Stanforth & Plaintiff John R Tomlinson. (Cholar, Richard) Modified on 6/25/2009 to correct filers (kk2). (Entered: 06/24/2009) | |||
| 2009-07-07 | 13 | 0 | PRELIMINARY PRETRIAL ORDER: Joinder of Parties and Motions to Amend are due by 9/18/2009; discovery due by 1/29/2010; MSJ due by 3/26/2010; primary expert due by 11/2/2009; rebuttal expert due by 12/2/2009; and Settlement Week in September 2009. Signed by Magistrate Judge Terence P Kemp on 7/7/09. (kjm) (Entered: 07/07/2009) | |||
| 2009-07-16 | 14 | 0 | NOTICE of Substitution of Trial Counsel by Ashley D Rutherford for Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O. & Karen Stanforth (Rutherford, Ashley) Modified on 7/17/2009 to correct text (kk2). (Entered: 07/16/2009) | |||
| 2009-08-06 | 15 | 0 | ORDER: Counsel to confer w/in five (5) business days and inform Court via e-mail by 8/13/2009 if case should not be set for September 2009 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 8/6/2009. (kk2) (Entered: 08/06/2009) | |||
| 2009-10-22 | 16 | 0 | ORDER. Counsel to confer w/in five (5) business days and inform Court via e-mail by 11/6/2009 if case should not be set for December 2009 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 10/22/2009. (pes1) (Entered: 10/22/2009) | |||
| 2009-10-28 | 17 | 0 | NOTICE of Subpoena to Produce Documents by Plaintiff John R Tomlinson (Copeland, Paula) Modified on 10/29/2009 to clarify text (kk2). (Entered: 10/28/2009) | |||
| 2009-10-29 | 18 | 0 | NOTICE of Subpoena to Produce Documents to Dr. Ward Buster by Plaintiff John R Tomlinson (Copeland, Paula) Modified on 10/30/2009 to clarify text (kk2). (Entered: 10/29/2009) | |||
| 2009-10-29 | 19 | 0 | NOTICE of Subpoena to Produce Documents to Dr. Patrick McGriff by Plaintiff John R Tomlinson (Copeland, Paula) Modified on 10/30/2009 to clarify text (kk2). (Entered: 10/29/2009) | |||
| 2009-11-12 | 20 | 0 | ORDER: Case referred to December 2009 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 11/12/2009. (kk2) (Entered: 11/12/2009) | |||
| 2009-11-18 | 21 | 0 | NOTICE: Settlement Week Conference set for 12/15/2009 @ 1:30pm w/mediator Brian L Buzby - (wh1) (Entered: 11/18/2009) | |||
| 2009-12-14 | 22 | 0 | NOTICE vacating # 21 Notice of SW -reset to 03/2010 SW (wh1) (Entered: 12/14/2009) | |||
| 2010-01-28 | 23 | 0 | ORDER: Counsel to confer w/in five (5) business days and inform Court via e-mail by 2/5/2010 if case should not be set for March 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 1/28/2010. (kjm) (Entered: 01/28/2010) | |||
| 2010-01-28 | 24 | 0 | Supplemental MOTION for Extension of Time to Complete Discovery by Plaintiff John R Tomlinson. New date requested 3/26/2010. (Copeland, Paula) (Entered: 01/28/2010) | |||
| 2010-02-01 | 25 | 0 | ORDER granting 24 Supplemental Motion for Extension of Time to Complete Discovery. Discovery shall be completed by 3/26/2010. Signed by Magistrate Judge Terence P Kemp on 2/1/2010. (kjm1) (Entered: 02/01/2010) | |||
| 2010-02-10 | 26 | 0 | ORDER: This case has been selected for reference to a highly qualified mediator as part of this Court's settlement week procedure. Counsel for the parties will receive a notice from the undersigned's courtroom deputy setting forth the procedures to be followed in preparing the case for mediation. Each requirement of that notice is incorporated herein by reference, & the parties are notified that any failure to comply with those requirements which results in the needless expenditure of resources of the opposing party, mediator, or Court may cause the Court to impose sanctions. Signed by Magistrate Judge Terence P Kemp on 2/10/2010. (kjm) (Entered: 02/10/2010) | |||
| 2010-02-22 | 27 | 0 | NOTICE: Settlement Week Conference set for 3/11/2010 @ 3:00pm w/mediator Nelson E Genshaft - (wh1) (Main Document 27 replaced on 2/22/2010) (wh1). (Entered: 02/22/2010) | |||
| 2010-03-04 | 28 | 0 | NOTICE of Appearance by Lisa M Eschbacher for Defendants Terry Collins, John DesMarias, Ikenna Nzeogu, D.O. & Karen Stanforth (Eschbacher, Lisa) (Entered: 03/04/2010) | |||
| 2010-03-09 | 29 | 0 | Joint MOTION to Vacate 27 Notice of Hearing Mediation Conference by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu, D.O., Karen Stanforth. (Rutherford, Ashley) (Entered: 03/09/2010) | |||
| 2010-03-10 | 30 | 0 | NOTICE vacating # 27 Notice of 03/10 SW conf - (wh1) (Entered: 03/10/2010) | |||
| 2010-03-10 | 31 | 0 | MOTION to Dismiss Defendant Siddiqi by Defendant John Doe Siddiqi. Responses due by 4/5/2010 (Rutherford, Ashley) (Entered: 03/10/2010) | |||
| 2010-03-17 | 32 | 0 | Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O., Karen Stanforth & Plaintiff John R Tomlinson. New dates requested 6/4/2010 and 7/9/2010. (Rutherford, Ashley) Modified on 3/18/2010 to correct text, filers & ECF event (kk2). (Entered: 03/17/2010) | |||
| 2010-03-19 | 33 | 0 | ORDER granting 32 Motion for Extension of Time to Complete Discovery - discovery due by 6/4/2010; dispositive motions due by 7/9/2010; plaintiff's experts due by 4/14/2010 & Defendants' experts due by 5/14/2010. Signed by Magistrate Judge Terence P Kemp on 3/18/2010. (kk2) (Entered: 03/19/2010) | |||
| 2010-03-22 | 34 | 0 | RESPONSE in Opposition re 31 MOTION to Dismiss Defendant Siddiqi filed by Plaintiff John R Tomlinson. (Copeland, Paula) (Entered: 03/22/2010) | |||
| 2010-03-25 | 35 | 0 | REPLY to Response to 31 MOTION to Dismiss Defendant Siddiqi filed by Defendant John Doe Siddiqi. (Rutherford, Ashley) (Entered: 03/25/2010) | |||
| 2010-04-09 | 36 | 0 | MOTION for Extension of Time to Produce Expert Reports by Plaintiff John R Tomlinson & Defendants Terry Collins, John DesMarias, Ikenna Nzeogu DO, John Doe Siddiqi, Karen Stanforth. New date requested 4/28/2010. (Copeland, Paula) Modified on 4/12/2010 to correct text & filers (kk2). (Entered: 04/09/2010) | |||
| 2010-04-14 | 37 | 0 | ORDER granting 36 Motion for Extension of Time to Produce Expert Reports. Plaintiff's expert report is due 4/28/2010. Defendants' rebuttal is due 5/28/2010. Signed by Magistrate Judge Terence P Kemp on 4/14/2010. (pes1) Modified on 4/15/2010 (kk2). (Entered: 04/14/2010) | |||
| 2010-04-26 | 38 | 0 | REPORT AND RECOMMENDATIONS that 31 MOTION to Dismiss be denied and that plaintiff be granted a twenty-eight day extension of time to effect service on Dr. Siddiqi - objections due w/in fourteen (14) days. Signed by Magistrate Judge Terence P Kemp on 04/26/2010. (sr) (Entered: 04/26/2010) | |||
| 2010-05-12 | 39 | 0 | Summons Issued as to John Doe Siddiqi (nka Dr. Sajjad H Siddiqi) (kk2) (Entered: 05/12/2010) | |||
| 2010-05-21 | 40 | 0 | SUMMONS Returned Executed: John Doe Siddiqi (Dr. Sajjad H. Siddiqi) served on 5/17/2010, answer due 6/7/2010. (sr) Modified on 5/24/2010 to correct service & answer due dates (kk2). (Entered: 05/21/2010) | |||
| 2010-05-24 | 41 | 0 | ORDER - The Court ADOPTS the Report and Recommendations 38 . The motion to dismiss Defendant Siddiqi 31 is DENIED. Plaintiff shall effect service on that defendant within twenty-eight days of this order, or his claims against that defendant will be dismissed without prejudice. Signed by Judge John D. Holschuh on 5/24/10. (jr1) (Entered: 05/24/2010) | |||
| 2010-06-02 | 42 | 0 | MOTION for Extension of Time to Complete Discovery by Plaintiff John R Tomlinson. New date requested 7/9/2010. (Copeland, Paula) Modified on 6/3/2010 to clarify text (kk2). (Entered: 06/02/2010) | |||
| 2010-06-04 | 43 | 0 | NOTICE: Status Conference set for 6/11/2010 @ 10:30am in chambers before Magistrate Judge Terence P Kemp (wh1) (Entered: 06/04/2010) | |||
| 2010-06-07 | 44 | 0 | ANSWER with Jury Demand to 2 Amended Complaint filed by John Doe Siddiqi. (Rutherford, Ashley) Modified on 6/8/2010 to add demand (kk2). (Entered: 06/07/2010) | |||
| 2010-06-08 | 45 | 0 | MOTION for Order to Excuse Assistant Attorney General Ashley D. Rutherford from the June 11, 2010 Status Conference by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O., John Doe Siddiqi & Karen Stanforth. (Rutherford, Ashley) (Entered: 06/08/2010) | |||
| 2010-06-10 | 46 | 0 | ORDER granting 45 Motion to Excuse. Defendant's trial counsel is excused from participation in the 6/11/2010 status conference. Signed by Magistrate Judge Terence P Kemp on 6/10/2010. (pes1) Modified on 6/11/2010 to clarify text (kk2). (Entered: 06/10/2010) | |||
| 2010-06-14 | 47 | 0 | ORDER resolving 42 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Terence P Kemp on 6/14/2010. (pes1) (Entered: 06/14/2010) | |||
| 2010-07-08 | 48 | 0 | DEPOSITION of Plaintiff John R. Tomlinson taken on 3/4/2010 and 3/8/2010 by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu, D.O., John Doe Siddiqi & Karen Stanforth. (Attachments: # 1 Continuing Deposition of John Tomlinson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Rutherford, Ashley) Modified on 7/9/2010 to correct text (kk2). (Entered: 07/08/2010) | |||
| 2010-07-09 | 49 | 0 | MOTION for Summary Judgment by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O., John Doe Siddiqi & Karen Stanforth. Responses due by 8/2/2010 (Attachments: # 1 Exhibit 1, Affidavit of Jennifer Clayton, # 2 Exhibit 2, Medical Records, # 3 Exhibit 3, 10/20/07 ICR, # 4 Exhibit 4, 11/4/07 ICR, # 5 Exhibit 5, Affidavit of William Merrill) (Rutherford, Ashley) (Entered: 07/09/2010) | |||
| 2010-07-22 | 50 | 0 | ORDER: Counsel to confer w/in five (5) business days and inform Court via e-mail by 08/06/2010 if case should not be set for September 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 07/22/2010. (sr) (Entered: 07/22/2010) | |||
| 2010-07-30 | 51 | 0 | RESPONSE in Opposition re 49 MOTION for Summary Judgment filed by Plaintiff John R Tomlinson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit) (Copeland, Paula) (Entered: 07/30/2010) | |||
| 2010-08-12 | 52 | 0 | MOTION to Strike Exhibits 51-26, 51-27, 51-28, 51-29, 51-30, 51-31 re 51 Response in Opposition to Motion by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu, D.O., John Doe Siddiqi & Karen Stanforth. (Attachments: # 1 Exhibit A, Affidavit of Ashley Rutherford, # 2 Exhibit A-1, April 14, 2010 E-mail to Paula Copeland, # 3 Exhibit A-2, Defendant's Request for Production of Documents and Second Set of Interrogatories, # 4 Exhibit B, May 20, 2010 E-mail to Paula Copeland) (Rutherford, Ashley) Modified on 8/13/2010 to clarify text (kk2) (Entered: 08/12/2010) | |||
| 2010-08-12 | 53 | 0 | REPLY to Response to 49 MOTION for Summary Judgment filed by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O., John Doe Siddiqi & Karen Stanforth. (Rutherford, Ashley) (Entered: 08/12/2010) | |||
| 2010-08-13 | 54 | 0 | ORDER: Case referred to September 2010 Settlement Week. Signed by Magistrate Judge Terence P Kemp on 08/13/2010. (sr) (Entered: 08/13/2010) | |||
| 2010-09-02 | 55 | 0 | RESPONSE in Opposition re 52 MOTION to Strike Exhibits 51-26, 51-27, 51-28, 51-29, 51-30, 51-31 re 51 Response in Opposition to Motion filed by Plaintiff John R Tomlinson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit) (Copeland, Paula) Modified on 9/7/2010 to clarify text (kk2). (Entered: 09/02/2010) | |||
| 2010-09-08 | 56 | 0 | MOTION Supplement Exhibit J re 55 Response in Opposition to Motion by Plaintiff John R Tomlinson. (Attachments: # 1 Affidavit) (Copeland, Paula) (Entered: 09/08/2010) | |||
| 2010-09-09 | 57 | 0 | CERTIFICATE OF SERVICE re 56 MOTION Supplement Exhibit re 55 Response in Opposition to Motion by Plaintiff John R Tomlinson (Copeland, Paula) Modified on 9/10/2010 to clarify text (kk2) (Entered: 09/09/2010) | |||
| 2010-09-16 | 58 | 0 | REPLY to Response to 52 MOTION to Strike Exhibits 51-26, 51-27, 51-28, 51-29, 51-30, 51-31 re 51 Response in Opposition to Motion filed by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu, D.O., John Doe Siddiqi & Karen Stanforth. (Rutherford, Ashley) (Entered: 09/16/2010) | |||
| 2010-10-25 | 59 | 0 | REPORT AND RECOMMENDATIONS re 52 MOTION to Strike and 49 MOTION for Summary Judgment. It is recommended that the defendants motion to strike be denied and that the defendants' motion for summary judgment be granted. Objections to R&R due by 11/12/2010. Signed by Magistrate Judge Terence P Kemp on 10/25/2010. (pes1) (Entered: 10/25/2010) | |||
| 2010-11-08 | 60 | 0 | OBJECTION to 59 Report and Recommendations by Defendants Terry Collins, John DesMarias, Ikenna Nzeogu D.O., John Doe Siddiqi & Karen Stanforth. (Rutherford, Ashley) (Entered: 11/08/2010) | |||
| 2010-11-12 | 61 | 0 | OBJECTION to 59 Report and Recommendations by Plaintiff John R Tomlinson. (Attachments: # 1 Affidavit exhibit) (Copeland, Paula) (Entered: 11/12/2010) | |||
| 2011-02-04 | 62 | 0 | ORDER: Case randomly reassigned to Judge Gregory L Frost for all further proceedings. Judge John D. Holschuh no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 2/4/2011. (kk2) (Entered: 02/04/2011) | |||
| 2011-02-07 | 63 | 0 | ORDER ADOPTING the 59 REPORT AND RECOMMENDATION in that the 52 Motion to Strike filed by Karen Stanforth, Ikenna Nzeogu, D.O., Terry Collins, John Doe Siddiqi and John DesMarias is DENIED and the 49 Motion for Summary Judgment filed by Karen Stanforth, Ikenna Nzeogu, D.O., Terry Collins, John Doe Siddiqi and John DesMarias is GRANTED; This case is DISMISSED WITH PREJUDICE. Signed by Judge Gregory L Frost on 2/7/11. (sem1) (Entered: 02/07/2011) | |||
| 2011-02-07 | 64 | 0 | JUDGMENT entered pursuant to the Opinion and Order signed by Judge Gregory L Frost on 2/7/11. (sem1) (Entered: 02/07/2011) |