Davis v. Jefferson Regional Medical Center Preferred Provider Organization et al, No. 5:2016cv00262 - Document 25 (E.D. Ark. 2016)
Court Description: ORDER denying without prejudice 7 Motion to Dismiss. The 23 Motion for Extension of Time is granted. Davis's response to the live 19 Motion to Dismiss is due by 11/17/2016. Davis's embedded motion to serve Walter Johnson by warning or der, 12 -1, is denied without prejudice. The Court attaches a recent fax from Davis's lawyer requesting service by warning order. No more faxes, please. Any request for Court action or relief should be filed. The 10 Initial Scheduling Order, is vacated. An Amended one will issue. The Court directs the Clerk to correct the name of lead defendant "Jefferson Hospital Organization, Inc." on the docket. The party is "Jefferson Hospital Association, Inc". Signed by Judge D. P. Marshall Jr. on 11/3/2016. (jak)
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Davis v. Jefferson Regional Medical Center Preferred Provider Organization et al Doc. 25 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE ANDREW DAVIS PLAINTIFF No. 5:16-cv-262-DPM v. WALTER JOHNSON; DAVID NIXON; JOHN DOES, 1-20; and JEFFERSON HOSPITAL ASSOCIATION, INC., dfb/a/ Jefferson Regional Medical Center DEFENDANTS ORDER 1. Davis's amended complaint moots the first motion to dismiss, Ng 7, which is denied without prejudice. 2. The unopposed motion for an extension of time, Ng 23, is granted. Davis's response to the live motion to dismiss, Ng 19, is due by 17 November 2016. 3. Davis's embedded motion to serve Walter Johnson by warning order, Ng 12-1, is denied without prejudice. The law disfavors that service method. Chief Judge Miller extended Davis's service deadline to 16 December 2016. Ng 18. Davis should redouble his efforts to find and serve Johnson between now and then. Dockets.Justia.com 4. The Court attaches a recent fax from Davis's lawyer requesting service by warning order. No more faxes, please. Any request for Court action or relief should be filed. 5. The Court can't keep the proposed trial date. The Initial Scheduling Order, Ng 10, is vacated. An Amended Initial Scheduling Order will issue. 6. The Court directs the Clerk to correct the name of lead defendant "Jefferson Hospital Organization, Inc." on the docket. The party is "Jefferson Hospital Association, Inc." Ng 19. So Ordered. D.P. Marshall Jr. United States District Judge 3 No-Vt -2- '-.O I Lt 11/01/2015 TUE 17• 55 FAX 5013151915 Suttor LUTHER ONEAL SUTfE:R, P.A. Gillh•rn, 1!1001/001 PLLC TONA MARIA DEMERS LUCIEN RAMSEUR GILLHAM, P.A. November 1, 2016 The Honorable D. P, Marshall Jr. Chief U.S. District Court Judge United States District Court Eastern District of Arkansas 500 West Capitol Avenue, Room B149 Little Rock, AR 72201 RE: FAX: 501-604-5417 Lee Andrew Davis v. Jefferson Regional Medical Center, Walter Johnson, David Nixon, and John Does 1-20 Dear Judge Marshall: Regarding the above, the firm has previously communicated (enclosed) with Judge Miller regarding the need for an order authorizing a Warning Order for defendant Walter Johnson. Judge Miller did not respond prior to his recusal. Would you please review the enclosed communication with Judge Miller as well as the Notice of Filing of the Affidavit for Warning Order. If upon consideration, the pleadings and precedent meet with your approval, would you please rule regarding the same? Thank you for your consideration. Sincerely, Lucien Ramseur Giiiham :krw Enclosure(s) cc: Byron Freeland Graham Caughman Talley Mitchell Williams 425 West Capitol Avenue, Suite 1BOO Little Rock, AR 72201-3525 G:\doc\Davls. Loo\COR\COR 5. 18-CV-0026212016·11·01 LTR • Jud90 • Dovlo, VIA FACSIMILE: 601-688-8807 Loe A.doc 11/01/2015 TUE 17• 55 FAX 5013151916 Sutter & Gillham, io11a1201' rUll 15olo lil)0021007 PLLC FAX 5013151'1& Butter • Gillbo... PLLC .......... Ir.AX !':IC Rl:Po».'1' .... ....................... TIWllllllBSJOll OK JOB NO. 4264 DBSTJHll'l'tON ADDRl!!BB 5045407 8llBADDRBSB DBBrillMIOM ID er, rum n/ax Tillll 10/18 15•10 PCB. Rl!!SllLf 00 1 26 2 OK ONEAL BUTTl!ft. P.A. TONA MA1'1A LUCIEN GILLl-lAM, P.A. October 18, 2016 The Honor1bl• Brian S. Miller Chief U.S. Dlslrlot Court Judge United Statae Dl•trlct Court Easlem Dltlrict of Arllanaas 500 w at Capjlol Avenue, Room 0250 .. Lhlla Rock, AR 72201 RE; FAX; 101-804-6407 Lee Andrew Davia v. Jefferson R89lonal Medical Canter, Walter Johnaon, David Nixon, and John Does 1-20 Deer Judge Miiier; W• have bean u111ble !O aarve Defend1nt Johnton and have mov•d lo extend time to serve, but wm need to Hive him by warning order bec.u111 his whe111aboul8 h•ve not bean dltcov•rabla. Altaohed le • proposed Order gr•nling ua permlaalon to serve by warning order. Sincerely, Iv' l.uo/414 lel/H<441<r c:;/JlltRnt Lucien Ramaa111 Gillham ;kiw Encloeu111(s) laloo1 11/01/2016 TUE 17i 55 FAX 5013151916 Sutter &: Gillhs.rn, 1,;!10031007 PLLC SUTTER & GILLHAM, P.L.L.C. AlTORNEYS AT LAW MAILING ADDRESS; P.O. Box 2012. BENTON, AR 72018 PHYSICAL ADDRESS: 31 0 WEsr CONWAY SrREE.T, BE:N'T'ON, AR 7201 5 TELEPHONE 601-315·1910 FACSIMILE 501·315-1916 LUTHER ONEAL SUTTER, P.A. TONA MARIA DEMERS LUCIE:N RAMSEUR GILLHAM, P.A. October 18, 2016 The Honorable Brian s. Millar Chief U.S. District Court Judge United Statee District Court Eastern District of Arkansas 500 West Capitol Avenue, Room 0258 LitUe Rook, AR 72201 RE: FAX: 501-604-8407 Lee Andrew Davia v. Jefferson Regional Madlcal Canter, Walter Johnson, David Nixon, and John Doea 1-20 Dear Judge Miller: We hllVe been unable to serve Defendant Johnson and have moved to extend Ume to serve, but will neecl to aervl! him by warning order because his whereabouts have not been discoverable. Attached Is a proposed Order granting us perminion to serve by warning order. Sincerely, Lucien Ramaeur Gillham :krw Enclosure(a) G;ldoc\Davlt, Leo\CORICOA 5.16.CV·DD21J2120!8·10·18 LTR - JUdoo - Da•I•. t.. A.doo 11/01/2016 TUE 17i 55 FAX 5013151916 Sut.t.&r &: G!llh&m, l,!]004/007 PLLC IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE ANDREW DAVIS vs. PLAINTIFF CASE NO: 5:1s.cv--002e2 JEFFERSON REGIONAL MEDICAL CENTER PREFERRED PROVIDER ORGANIZATION, WALTER JOHNSON, DAVID NIXON, and JOHN DOES 1·20 DEFENDANTS WARNING ORDER The Defendants, specifically Wall!!• 4ohpaon, ate notified lhlll Plalntl" Lee Andrew Davia, whose attomey's addreas Is listed below, haa flied a complaint against them In the Unlll!ld States District Court lor the Eastern District of Arkansas. A copy of the complaint and summons wlll be delivered to you or your attorney upon written request. Defendant WaHer Johnson, you ere notified that you must appear and defend by filing your answer to the complaint within thirty (30} dey8 of the dale of the first publlcalion of this warning order; and in lhe event of your failute ta do so, judgment by default may be entered egelnst you for Iha rsliaf demended In the complaint es circumscribed by the laws al this state WrTNESS my hand end seel es Clerk of the stetes District Court for Iha Eastern Dletrlct of ArlcenNs, this _ _ _ day of October, 2018. Clark (SEAL) SUTIER & GILLHAM, P.LLC. Attorneys at Lew P.O. Box2012 Benton, AR 72018 601·315-1910 Office 501-315-1916 Feoslmlle Attorney for the Plaintiff Isl Lufber Oooa/ Sutter Luther Oneal Sutter, ARBN 95031 lu!hersutter.law@gmell.com 1 j 11/01/2016 TUE 17• 56 FAX 5013151'16 SuHer & Gillhorn, lo;!I005/007 PLLC Case 5:16-cv-00262-BSM Document 12 Flied 09/28/16 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE ANDREW DAVIS vs. PLAINTIFF CASE NO: 5:16-CV-0262-BSM-PSH JEFFERSON REGIONAL MEDICAL CENTER, WAf..TER JOHNSON, DAVID NIXON, and JOHN DOES 1-20 DEFENDANTS NOTICE OF FILING COMES THE PLAINTIFF, by and through Counsel and herby gives notice of flllng the following: 1. Affidavit tor Warning Order: Walter Johnson. Respectfully Submitted, SUTTER & GILLHAM, P.L.L,C. Attorneys at Law P.O. Box 2012 Benion, AR 72018 501-315-1910 Office 501-315-1916 Facsimile Attorney for the Plaintiff By: Isl Luther Oneal Sutter Luther Oneal Sutter, ARBN 95031 Email: lulhersutter@yahoo com CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing has been served on 29'" day of September 2016, via ECF, upon counsel for the Defendant: Byron L. Freeland Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. 425 West Capitol Avenue Suite 1800 Little Rock, AR 72201 501-688-BB 10 Email: bfreeland@mwlaw.com LEAD ATTORNEY A ITORNEY TO BE NOTICED Graham Caughman Talley Mitchell, Williams, Selig, Gales & Woodyard, P.L.L.C. Pogc I of2 11/01/2016 TUE 17• 56 FAX 5013151916 Sutter Gillhom, PLLC Case 5:16-cv-00262-BSM Document 12 Filed 09/28/16 Page 2 or 2 425 West Capitol Avenue Suite 1800 Little Rock, AR 72201 501-688-8853 Email: gtalley@mwlaw.com ATTORNEY TO BE NOTICED By: Isl Luther Oneel Sutter Luther Oneal Sutter, ARBN 95031 G:\doc\Davla, Lna\PLD NOF • AFF WO WJ ·Davie, L&&.doc Pagc2ol"2 11/01/2016 TUE 17i 56 FAX 5013151916 Sutter g, Gillh&rn, i.!J007/007 PLLC Case 5:16-cv-00262-BSM Document 12-1 Filed 09/28/16 Page 1of1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PLAINTIFF LEE ANDREW DAVIS VS. CASE NO: 5:16-CV-0262-BSM-PSH JEFFERSON REGIONAL MEDICAL CENTER, WALTER JOHNSON, DAVID NIXON, and JOHN DOES 1·20 DEFENDANTS AFFIDAVIT FOR WARNING ORDER The Plalntllf, by and through Counsel, states that diligent Inquiry has been made lo locate defendant Walter Johnson but effort& have been unsuccessful. Plaintiff has attempted service by inclepenclent process server lo the last known employment address who advised that defendant Wa!t!r Johnaon la no longer employed there, and Plaintiff has been unable to determine defendant Walh!r Johnson's last known or current home addresses via discovery efforts in Jefferson, Pulaski, Grant, Lonoke, and Cleveland Counties or by known associations with professional organizations. Upon information end beNef, defendant Walter Johnson still resides In the State of Arkansas. Plaintiff Is unable to locate defendant Walter Johnson, In order to serve summons and complaint upon Defendant, and Defendant watter Johnaon'• whereabouts remain unknown. PlalnUff request& Issue ce GWEN TUCKER NOTARY PUBLIC PULASKI COUNTY, ARKANSAS COMM. EXP. 1·8·2017 COMMISSION NO. 12358506 LuthEir Onaa Sutter ARBN 95031 SUITER & GILLHAM, P.L.L.C. Attorneys at Law P.O. Box 2012 Benton, AR 72018 501-315-1910 Office 501·315·1916 Facsimile Attorney for the Plaintiff Subscribed and sworn to before ma, a Notary Public, this day of September, 2016. 'My Comminion Expires
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