Case: Health and Hospital Corporation of Marion County v. Talevski

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0755-3779794.), filed by Gorgi Talevski. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons : HHC, # 3 Proposed Summons ASC, # 4 Proposed Summons VCR, # 5 Proposed Summons Combined)(Meisenhelder, Jay) (Entered: 01/10/2019)

1 Civil Cover Sheet

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2 Proposed Summons : HHC

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3 Proposed Summons ASC

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4 Proposed Summons VCR

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5 Proposed Summons Combined

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NOTICE of Appearance by Jay Meisenhelder on behalf of Gorgi Talevski (Meisenhelder, Jay) (Entered: 01/10/2019)

Summons Issued as to American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (rmc) (Entered: 01/11/2019)

Senior Judge James T Moody and Magistrate Judge Andrew P Rodovich added. (NEW CASE) (rmc)

Add and Terminate Judges

*Refiled at 5 using NDIN appearance form*NOTICE of Appearance by Susie Talevski on behalf of Gorgi Talevski (Talevski, Susie) Modified on 1/29/2019 to update docket text. (nal) (Entered: 01/25/2019)

NOTICE of Appearance by Susie Talevski on behalf of Gorgi Talevski (Talevski, Susie) (Entered: 01/28/2019)

NOTICE of Appearance by Laura K Binford on behalf of All Defendants (Binford, Laura) (Entered: 02/19/2019)

Corporate Disclosure Statement by Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. (Binford, Laura) (Entered: 02/19/2019)

Corporate Disclosure Statement by American Senior Communities LLC. (Binford, Laura) (Entered: 02/19/2019)

NOTICE by American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation of Initial Extension of Time to Respond to Plaintiff's Complaint (Binford, Laura) (Entered: 02/19/2019)

MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Andrew P Rodovich on 2/20/2019. (tc) (Entered: 02/20/2019)

NOTICE of Appearance by Jaclyn M Flint on behalf of All Defendants (Flint, Jaclyn) (Entered: 02/21/2019)

ORDER AND NOTICE OF HEARING: In Person Rule 16 Preliminary Pretrial Conference set for 4/12/2019 09:00 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Andrew P Rodovich on 3/20/2019. (tc) (Entered: 03/20/2019)

MAGISTRATE JUDGE CONSENT FORMS sent to all parties. Magistrate Consent forms due by 4/12/2019. (tc) (Entered: 03/20/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. (Binford, Laura) (Entered: 03/26/2019)

MEMORANDUM in Support of 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. (Binford, Laura) (Entered: 03/26/2019)

MINUTE ORDER: The Rule 16 Preliminary Pretrial Conference set for 4/12/2019 09:00 AM in US District Court - Hammond before Magistrate Judge Andrew P Rodovich is VACATED re 14 Motion to Dismiss, to be reset at a later date if necessary. By Magistrate Judge Andrew P Rodovich on 3/28/2019. Text entry only. (tc) (Entered: 03/28/2019)

Order

1 - Terminate Hearings

Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Gorgi Talevski. (Meisenhelder, Jay) (Entered: 04/05/2019)

ORDER: Court GRANTS 17 Consent Motion for 21-Day Extension of Time to Respond to Defendants' Motion to Dismiss. Plaintiff to respond by 4/30/2019. By Magistrate Judge Andrew P Rodovich on 4/8/2019. Text entry only. (tc) (Entered: 04/08/2019)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gorgi Talevski. (Meisenhelder, Jay) (Entered: 04/29/2019)

REPLY to Response to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. (Binford, Laura) (Entered: 05/06/2019)

NOTICE of Change of Address/Contact Information (Binford, Laura) (Entered: 08/20/2019)

OPINION AND ORDER: Defendants' Motion to Dismiss 14 is GRANTED and this case is DISMISSED. Signed by Senior Judge James T Moody on 3/26/2020. (shk) (Entered: 03/26/2020)

CLERK'S ENTRY OF JUDGMENT. (shk) (Entered: 03/26/2020)

NOTICE OF APPEAL as to 22 Opinion and Order, Terminate Civil Case, filed by Plaintiff Gorgi Talevski. Filing fee $ 505, receipt number 0755-4206357. (Meisenhelder, Jay) (Entered: 04/22/2020)

Docketing Statement re: 24 Notice of Appeal filed by Gorgi Talevski. (Meisenhelder, Jay) (Entered: 04/22/2020)

Short Record Sent to US Court of Appeals re 24 Notice of Appeal. Appeal filing fees paid in the amount of $505 - Receipt # 0755-4206357. (bas) (Entered: 04/23/2020)

USCA Case Number 20-1664 for 24 Notice of Appeal filed by Gorgi Talevski. (rmf) (Entered: 04/24/2020)

ORDER of USCA as to 24 Notice of Appeal. The petition for rehearing en banc is DENIED. (nal) (Entered: 09/03/2021)

USCA FINAL JUDGMENT as to 24 Notice of Appeal. The judgment of the District Court is REVERSED, with costs, and the appeal is REMANDED for further proceedings consistent with the opinion. (Attachments: # 1 USCA Mandate, # 2 Certified Order). (nal) (Entered: 09/03/2021)

1 USCA Mandate

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2 Certified Order

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MINUTE ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 11/5/2021 at 10:30 AM (Central time) before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted to join the conference. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Approved by Magistrate Judge Andrew P Rodovich on 9/7/2021. Text entry only. (tc) (Entered: 09/07/2021)

~Util - Set Hearings AND Order

Defendants' ANSWER to 1 Complaint, and Affirmative Defenses by American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation.(Binford, Laura) (Entered: 09/17/2021)

REPORT of Rule 26(f) Planning Meeting. (Binford, Laura) (Entered: 11/01/2021)

Emergency MOTION to reset Pretrial Conference by Plaintiff Gorgi Talevski. (Attachments: # 1 Proposed Order)(Talevski, Susie) (Entered: 11/04/2021)

ORDER: The Court GRANTS 33 Emergency Motion to Reset Preliminary Pretrial Conference. The Rule 16 Preliminary Pretrial Conference set for 11/5/2021 is RESET to 11/19/2021 09:15 AM before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted to join the conference. By Magistrate Judge Andrew P Rodovich on 11/4/2021. Text entry only. (tc) (Entered: 11/04/2021)

Order on Motion to Reset

NOTICE of Appearance by Richard A Cook on behalf of All Plaintiffs (Cook, Richard) (Entered: 11/18/2021)

TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 11/19/2021, before Magistrate Judge Andrew P Rodovich. Pla appeared by attys Richard Cook, Susie Talevski. Dfts appeared by atty Jaclyn Flint. The Report filed as DE 32 is APPROVED and ADOPTED as follows: All discovery, including damages/expert discovery, to be completed by 1/23/2023. Liability/Non-expert discovery to be completed by 8/22/2022. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 6/22/2022. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 7/22/2022. Rule 26(e) supplements due by 11/22/2022. Preliminary witness and exhibit lists due by 3/22/2022. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 2/22/2022; for Dfts is 3/22/2022. All other dates/ddls to be set by presiding judge at a later time. (tc) (Entered: 11/19/2021)

Pretrial Conference - Preliminary - customized ddls & hrgs

Joint MOTION for Extension of Time to File Preliminary Witness & Exhibit List by Plaintiff Gorgi Talevski. (Attachments: # 1 Order on Joint Motion for Extension of Time to File Witness & Exhibit List)(Cook, Richard) (Entered: 03/22/2022)

ORDER GRANTING 37 Joint MOTION for Extension of Time to File Preliminary Witness & Exhibit List by Plaintiff Gorgi Talevski and EXTENDS the Preliminary Witness and Exhibit List deadline to up to and including 4/21/2022. Signed by Magistrate Judge Andrew P Rodovich on 3/22/2022. (asd) (Entered: 03/22/2022)

NOTICE of Appearance by David Ezell on behalf of All Plaintiffs (Ezell, David) (Entered: 03/28/2022)

Preliminary Witness List/Exhibit List by American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. (Flint, Jaclyn) (Entered: 04/21/2022)

MOTION to Stay Proceedings Pending Disposition of Case by the Supreme Court of the United States by Defendants American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. (Binford, Laura) (Entered: 05/10/2022)

First MOTION to Substitute Party (Verified) & Suggestion of Death by Plaintiff Gorgi Talevski. (Attachments: # 1 Proposed Order)(Cook, Richard) (Entered: 05/10/2022)

RESPONSE to Motion re 41 MOTION to Stay Proceedings Pending Disposition of Case by the Supreme Court of the United States filed by Gorgi Talevski. (Attachments: # 1 Exhibit Proposed Order)(Cook, Richard) (Entered: 05/16/2022)

1 Exhibit Proposed Order

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REPLY to Response to Motion re 41 MOTION to Stay Proceedings Pending Disposition of Case by the Supreme Court of the United States and Notice of Agreement to Plaintiff's Proposed Order on Pending Motion to Stay Proceedings Pending Disposition of the Matter Before the U.S. Supreme Court filed by American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation. (Binford, Laura) (Entered: 05/18/2022)

ORDER: The Court GRANTS Plaintiff's Motion to Substitute 42 . The Clerk is DIRECTED to substitute Ivanka Talevski, Authorized Representative of Gorgi Talevski, Deceased, as the Plaintiff in this case; GRANTS the Motion to Stay 41 . This matter is STAYED pending the United States Supreme Courts disposition of Health & Hosp. Corp. of Marion Cnty. v. Talevski; VACATES the current case management plan in total and will set a new Case Management Conference to determine the future course of these proceedings consistent with any instructions provided by the U.S. Supreme Court. Signed by Magistrate Judge Andrew P Rodovich on 5/18/2022. (shk) (Entered: 05/18/2022)

***Deadlines terminated pursuant to Order 45 . (shk)

Terminate Deadlines/Hearings

ORDER: Telephonic Status Conference set for 8/18/2023 10:30 AM (Central time) before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted to join the conferece. By Magistrate Judge Andrew P Rodovich on 8/1/2023. Text entry only. (tc) (Entered: 08/01/2023)

Order AND ~Util - Set Hearings

Consent MOTION to Continue August 18, 2023 Telephonic Status Conference by Plaintiff Ivanka Talevski. (Meisenhelder, Jay) (Entered: 08/08/2023)

NOTICE of Appearance by Anthony W Overholt on behalf of Health and Hospital Corporation of Marion County The (Overholt, Anthony) (Entered: 08/09/2023)

ORDER: The Court GRANTS, with relief different than requested, 47 Plaintiff's Motion for a Very Brief Continuance of the August 18, 2023 Status Conference. The Telephonic Status Conference set for 8/18/2023 is RESET to 8/25/2023 at 10:30 AM (Central time) before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted to join the conference. By Magistrate Judge Andrew P Rodovich on 8/9/2023. Text entry only. (tc) (Entered: 08/09/2023)

Order on Motion to Continue

NOTICE of Appearance by Anthony W Overholt on behalf of American Senior Communities LLC, Valparaiso Care and Rehabilitation (Overholt, Anthony) (Entered: 08/11/2023)

REPORT of Rule 26(f) Planning Meeting. (Cook, Richard) (Entered: 08/25/2023)

TELEPHONIC STATUS CONFERENCE held on 8/25/2023, before Magistrate Judge Andrew P Rodovich. Pla appeared by attys David Ezell, Richard Cook, Susie Talevski, Jay Meisenhelder. Dfts appeared by attys Anthony Overholt, Jaclyn Flint, Laura Binford. The Report filed as DE 51 is APPROVED and ADOPTED as follows: Initial Disclosures to be exchanged by 9/11/2023. All discovery to be completed by 1/27/2025. Liability/Non-expert discovery to be completed by 6/24/2024. Damages/Expert discovery to be completed by 11/25/2024. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 4/25/2024. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 5/23/2024. Rule 26(e) supplements due by 9/25/2024. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 12/18/2023; for Dfts is 1/25/2024. Telephonic Status Conference set for 4/12/2024 10:30 AM (Central time) before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 833-568-8864, enter Meeting ID 161 6723 3388 and passcode 649671 when prompted to join the conference. (tc) (Entered: 08/25/2023)

Status Conference AND ~Util - Set/Reset Rule 16 Preliminary Pretrial Conference Deadlines

NOTICE of Appearance by Stephanie V McGowan on behalf of American Senior Communities LLC, Health and Hospital Corporation of Marion County The, Valparaiso Care and Rehabilitation (McGowan, Stephanie) (Entered: 09/20/2023)

ORDER of USCA as to 24 Notice of Appeal filed by Ivanka Talevski - We hereby REMAND this case to the District Court for further proceedings consistent with the Court's decision. We DENY appellant's request to invoke the Circuit Rule 36 on remand. (rmf) (Entered: 09/21/2023)

Witness List/Exhibit List

Witness List

Exhibit List

Notice - Other

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery

1 - Terminate Hearings AND Status Conference AND ~Util - Set Deadlines

Discovery

Order on Motion for Discovery

Extension of Time to Complete Discovery

Response to Motion

Order on Motion for Extension of Time to Complete Discovery

1 - Terminate Hearings AND Order

Certificate

Compel

Notice - Other

Amend/Correct

Response to Motion

Amend/Correct

Witness List/Exhibit List

Witness List/Exhibit List

Notice - Other

Notice - Other

Order AND ~Util - Set Hearings

1 - Terminate Hearings AND Order AND ~Util - Set Hearings

Miscellaneous Relief

Order on Motion for Miscellaneous Relief

Witness List/Exhibit List

Leave to File Document

Notice - Other

Motion Hearing AND Order on Motion for Leave to File AND Order on Motion to Amend/Correct AND Order on Motion to Amend/Correct AND Order on Motion to Compel AND ~Util - Set Deadlines/Hearings