Smith et al v. ANONYMOUS HOSPITAL et al
| Indiana Northern District Court | |
| Judge: | Damon R Leichty |
| Referred: | Scott J Frankel |
| Case #: | 3:24-cv-00993 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1441 Petition for Removal- Medical Malpractice |
| Case Filed: | Dec 18, 2024 |
| Terminated: | Feb 28, 2025 |
| Case in other court: | Elkhart County Superior Court, 20D05-2406-CT-000176 |
| Last checked: Saturday Feb 01, 2025 5:28 AM EST |
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Defendant
Anonymous CNM 1
Louis William Voelker EICHHORN & EICHHORN LLP 2929 Carlson Drive Suite 100 PO Box 2275
Hammond, IN 46323 |
Represented By
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Defendant
Amanda Anacleto
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Represented By
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Defendant
Anonymous CNM 2
Louis William Voelker EICHHORN & EICHHORN LLP 2929 Carlson Drive Suite 100 PO Box 2275
Hammond, IN 46323 |
Represented By
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Defendant
Anonymous CNM 3
Louis William Voelker EICHHORN & EICHHORN LLP 2929 Carlson Drive Suite 100 PO Box 2275
Hammond, IN 46323 |
Represented By
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Defendant
Anonymous Hospital
Jason Andrew Scheele Rothberg Logan & Warsco LLP 505 E. Washington Blvd. PO Box 11647
Fort Wayne, IN 46802 |
Represented By
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Defendant
Anonymous MD 1
Jason Andrew Scheele Rothberg Logan & Warsco LLP 505 E. Washington Blvd. PO Box 11647
Fort Wayne, IN 46802 |
Represented By
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Defendant
United States of America
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Represented By
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Plaintiff
Cyle Burrington
Individually and as the Parent and Tina Marie Bell Cline Farrell Christie & Lee 951 N Delaware Street
Indianapolis, IN 46202 |
Represented By
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Plaintiff
Tyana Smith
Individually and as the Parent and Tina Marie Bell Cline Farrell Christie & Lee 951 N Delaware Street
Indianapolis, IN 46202 |
Represented By
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| Docket last updated: 1 hours ago |
| Monday, March 03, 2025 | ||
| 35 | 35
misc
Clerks Judgment
Mon 03/03 12:54 PM
CLERK'S ENTRY OF JUDGMENT. (Certified copy mailed to Clerk, Elkhart Superior Court) (sej) |
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| Friday, February 28, 2025 | ||
| 34 | 34
2
pgs
order
Order Remanding Case to State Court ~Util - Terminate Motions
Mon 03/03 12:51 PM
ORDER: The court GRANTS the governments4 motion to dismiss, DISMISSES Ms. Smith and Mr. Burringtons claim against the United States of America, and REMANDS the remainder to the Elkhart Superior Court. Signed by Judge Damon R Leichty on 2/28/2025. (Certified Copy and docket sheet mailed to Clerk, Elkhart Superior Court)(sej) |
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| Tuesday, February 18, 2025 | ||
| 33 | 33
respm
Response to Motion
Tue 02/18 3:25 PM
RESPONSE to Motion re4 MOTION to Dismiss filed by Tyana Smith, Cyle Burrington. (Bell, Tina) |
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| 32 | 32
notice
Notice of Appearance
Tue 02/18 3:10 PM
NOTICE of Appearance by Tina M Bell on behalf of Tyana Smith, Cyle Burrington (Bell, Tina) |
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| 31 | 31
notice
Notice of Voluntary Dismissal
Tue 02/18 12:04 PM
NOTICE of Voluntary Dismissal by Amanda Anacleto, Anonymous Hospital, Anonymous MD 1 (Scheele, Jason) |
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| 30 | 30
misc
Status Report
Tue 02/18 10:45 AM
STATUS REPORT of the Parties by Tyana Smith, Cyle Burrington. (Bell, Tina) |
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| Monday, February 03, 2025 | ||
| 29 | 29
3
pgs
order
Order on Motion to Stay
Mon 02/03 3:40 PM
ORDER granting9 Motion to Stay and this case is now STAYED as requested. The parties are ORDERED to file a joint status report clarifying whether the two named defendants should be listed as anonymous parties on the Court's docket. The parties should also file proposed redacted filings for any filings that impermissibly reveal these Defendants' names as appropriate. The joint report and any proposed redacted filings shall be filed on or before 2/17/2025. Signed by Magistrate Judge Scott J Frankel on 2/3/25. (nhc) |
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| Friday, January 24, 2025 | ||
| 28 | 28
1
pgs
order
Order on Motion to Stay Order on Motion for Leave to File Order on Motion to Substitute Party Order on Motion to Dismiss
Tue 01/28 9:18 AM
ORDER: To clean the docket of duplicative motions, either of those still pending or those already ruled upon, the court DENIES the motions at Docket17 ,18 ,23 , and24 , with the court to rule on the original pending motions4 and9 in due course, once briefed. Signed by Judge Damon R Leichty on 9/24/2025. (lns) |
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| Wednesday, January 22, 2025 | ||
| 27 | 27
respm
Reply to Response to Motion
Wed 01/22 3:45 PM
REPLY to Response to Motion re24 MOTION to Dismiss ,4 MOTION to Dismiss Plaintiff's Complaint, or Alternatively for Summary Judgment filed by United States of America. (Irvin - AUSA, Brian) |
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| 26 | 26
notice
Notice of Appearance
Wed 01/22 12:18 PM
NOTICE of Appearance by Tina M Bell on behalf of All Plaintiffs (Bell, Tina) |
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| 25 | 25
7
pgs
respm
Memorandum in Support
Wed 01/22 9:29 AM
MEMORANDUM in Support of24 MOTION to Dismiss ,4 MOTION to Dismiss Amended filed by United States of America.(Irvin - AUSA, Brian) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 24 | 24
motion
Dismiss
Wed 01/22 9:28 AM
MOTION to Dismiss by Defendant United States of America. (Irvin - AUSA, Brian) |
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| 23 | 23
motion
Substitute Party
Wed 01/22 9:26 AM
Amended MOTION to Substitute Party by Defendant United States of America.(Irvin - AUSA, Brian) |
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Att: 1
Exhibit 1
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| 22 | 22
notice
Notice of Removal
Wed 01/22 9:23 AM
NOTICE OF REMOVAL Amended from Elkhart County Superior Court, Cause No. Cause No. 20D05-2406-CT-000176, filed by United States of America.(Irvin - AUSA, Brian) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Civil Cover Sheet
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| Thursday, January 16, 2025 | ||
| 21 | 21
2
pgs
order
Order on Motion to Substitute Party
Thu 01/16 3:11 PM
ORDER granting3 Motion to Substitute Party. The Clerk is DIRECTED to substitute the United States of America as a defendant in this action in place of Defendant Heartland City Health Center, Inc.. Signed by Magistrate Judge Scott J Frankel on 1/16/2025. (rmf) |
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| Wednesday, January 15, 2025 | ||
| 20 | 20
respm
Response to Motion
Wed 01/15 3:08 PM
RESPONSE to Motion re4 MOTION to Dismiss filed by Tyana Smith, Cyle Burrington.(Bell, Tina) |
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Att: 1
Exhibit Proposed Order
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| 19 | 19
notice
Notice of Appearance
Wed 01/15 12:22 PM
NOTICE of Appearance by Louis W Voelker, III on behalf of Anonymous CNM 1, Anonymous CNM 2, Anonymous CNM 3 (Voelker, Louis) |
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| Thursday, January 09, 2025 | ||
| 18 | 18
motion
Leave to File Document
Thu 01/09 5:09 PM
MOTION for Leave to File Exhibit 1 Under Seal by Defendants Amanda Anacleto, Anonymous Hospital, Anonymous MD 1. (Gilbert-Johnson, Ashley) |
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| 17 | 17
motion
Stay
Thu 01/09 5:08 PM
MOTION to Stay by Defendants Amanda Anacleto, Anonymous Hospital, Anonymous MD 1.(Gilbert-Johnson, Ashley) |
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Att: 1
Exhibit Proposed IDOI Complaint,
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Att: 2
Exhibit Order Granting Stay - State Court,
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Att: 3
Exhibit Proposed Order Granting Stay - USDC
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| 16 | 16
misc
Corporate Disclosure Statement
Thu 01/09 5:05 PM
Corporate Disclosure Statement by Anonymous Hospital. (Gilbert-Johnson, Ashley) |
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| 15 | 15
notice
Notice of Appearance
Thu 01/09 5:04 PM
NOTICE of Appearance by Ashley M Gilbert-Johnson on behalf of Amanda Anacleto, Anonymous Hospital, Anonymous MD 1 (Gilbert-Johnson, Ashley) |
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| 14 | 14
notice
Notice of Appearance
Thu 01/09 5:02 PM
NOTICE of Appearance by Jason A Scheele on behalf of Amanda Anacleto, Anonymous Hospital, Anonymous MD 1 (Scheele, Jason) |
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| Wednesday, January 08, 2025 | ||
| 13 | 13
2
pgs
order
Order on Motion for Leave to File
Wed 01/08 2:57 PM
ORDER: The Court GRANTS the motion for leave to file under seal10 . The Court also ORDERS the Clerk's office to update the case caption to reflect the minor's name as C.B. and seal the notice of removal and exhibits 2 and 3 [1; 1-2; 1-3], motion to substitute party and exhibit [3; 3-1], motion to dismiss4 , memorandum in support and exhibits [5; 5-1; 5-2], notices of appearance [6; 7; 11], corporate disclosure statement8 , motion to stay and exhibit 3 [9; 9-3], and the motion for leave to file under seal10 . Finally, the Court ORDERS the parties to refile these documents by 1/15/2025. Signed by Judge Damon R Leichty on 1/8/2025. (ash) |
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| 12 | 12
notice
Notice of Appearance
Wed 01/08 11:48 AM
NOTICE of Appearance by Tina M Bell on behalf of Tyana Smith, Cyle Burrington (Bell, Tina) |
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| Monday, January 06, 2025 | ||
| 11 | 11
notice
Notice of Appearance
Mon 01/06 11:59 AM
NOTICE of Appearance by Louis W Voelker, III on behalf of Anonymous CNM 1, Anonymous CNM 2, Anonymous CNM 3 (Voelker, Louis) |
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| 10 | 10
motion
Leave to File Document
Mon 01/06 11:37 AM
MOTION for Leave to File Exhibit 1 Under Seal by Defendants Amanda Anacleto, Anonymous Hospital, Anonymous MD 1. (Gilbert-Johnson, Ashley) |
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| 9 | 9
motion
Stay
Mon 01/06 11:34 AM
MOTION to Stay by Defendants Amanda Anacleto, Anonymous Hospital, Anonymous MD 1.(Gilbert-Johnson, Ashley) |
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Att: 1
Exhibit Proposed IDOI Complaint,
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Att: 2
Exhibit Order Granting Stay - State Court,
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Att: 3
Exhibit Proposed Order Granting Stay - USDC
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| 8 | 8
misc
Corporate Disclosure Statement
Mon 01/06 11:24 AM
Corporate Disclosure Statement by Anonymous Hospital. (Gilbert-Johnson, Ashley) |
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| 7 | 7
notice
Notice of Appearance
Mon 01/06 11:21 AM
NOTICE of Appearance by Ashley M Gilbert-Johnson on behalf of Amanda Anacleto, Anonymous Hospital, Anonymous MD 1 (Gilbert-Johnson, Ashley) |
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| 6 | 6
notice
Notice of Appearance
Mon 01/06 11:19 AM
NOTICE of Appearance by Jason A Scheele on behalf of Amanda Anacleto, Anonymous Hospital, Anonymous MD 1 (Scheele, Jason) |
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| Thursday, December 26, 2024 | ||
| 5 | 5
8
pgs
respm
Memorandum in Support
Thu 12/26 4:11 PM
MEMORANDUM in Support of4 MOTION to Dismiss filed by Heart City Health Center, Inc..(Irvin - AUSA, Brian) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| 4 | 4
motion
Dismiss
Thu 12/26 4:06 PM
MOTION to Dismiss by Defendant Heart City Health Center, Inc.. (Irvin - AUSA, Brian) |
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| 3 | 3
motion
Substitute Party
Thu 12/26 2:17 PM
MOTION to Substitute Party by Defendant Heart City Health Center, Inc..(Irvin - AUSA, Brian) |
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Att: 1
Exhibit
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| Friday, December 20, 2024 | ||
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utility
Add and Terminate Judges
Fri 12/20 2:55 PM
**NEW CASE** Judge Damon R Leichty and Magistrate Judge Scott J Frankel added. (nae) |
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| Thursday, December 19, 2024 | ||
| 1 | 1
notice
Notice of Removal
Thu 12/19 1:12 PM
NOTICE OF REMOVAL from Elkhart County Superior Court, Cause No. 20D05-2406-CT-000176, filed by Heart City Health Center, Inc..(Irvin - AUSA, Brian) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Civil Cover Sheet
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