Davis v. Jefferson Regional Medical Center Preferred Provider Organization et al
Filing
25
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEE ANDREW DAVIS
v.
PLAINTIFF
No. 5:16-cv-262-DPM
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.
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
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11/01/2015 TUE 17• 55
FAX 5013151915 Suttor
LUTHER ONEAL SUTfE:R, P.A.
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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
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11/01/2015 TUE 17• 55
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LUl'i-l~R ONEAL BUTTl!ft. P.A.
TONA MA1'1A O~MERS
LUCIEN
RAMS~UR
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
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