Gallo, Elisa v. Franciscan Skemp Healthcare, Inc.

Filing 111

Transmission of Notice of Appeal, Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 108 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Order No.: 97, # 3 Judgment No.: 98, # 4 Order No.: 106, # 5 Order No.: 107, # 6 Docket Sheet) (lak)

THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF WISCONSIN

ELISA S. GALLO, M.D.,
Plaintiff,
Case No. 3:15-CV304
v.
MAYO CLINIC HEALTH SYSTEM –
FRANCISCAN MEDICAL CENTER,
INC. and MICHAEL WHITE, M.D.,
Defendants.

SEVENTH CIRCUIT RULE 3(c) DOCKETING STATEMENT OF PLAINTIFF ELISA S.
GALLO, M.D.
Plaintiff Elisa S. Gallo, M.D. respectfully submits this Docketing Statement pursuant to
Circuit Rule 3(c)(1) of the United States Court of Appeals for the Seventh Circuit.
I.

JURISDICTION OF THE DISTRICT COURT
The district court had jurisdiction as a civil action pursuant to 28 U.S.C. § 1332(a)(1)

because the amount in controversy exceeds $75,000, exclusive of interest and costs, and is
between citizens of different states.
Plaintiff Elisa S. Gallo, M.D. is a citizen of the State of Illinois whose address is 293
Sheridan Road, Highland Park, Illinois 60035.
Defendant Mayo Clinic Health System – Franciscan Skemp Healthcare, Inc. is a
Wisconsin Corporation, the address of which is 700 West Avenue South, La Crosse, Wisconsin
54601.
Defendant Michael White, M.D. is a citizen of the State of Wisconsin and whose
business address is 800 West Avenue South, La Crosse, Wisconsin 54601.

II.

JURISDICTION OF THE COURT OF APPEALS
The appeal is taken from the final decisions of the U.S. District Court for the Western

District of Wisconsin entered on January 24, 2017 and February 23, 2017 by the honorable
James D. Peterson.
The District Court ruled in favor of Defendants’ motion for Summary Judgment on
January 24, 2017. Plaintiff timely filed her Rule 52(b) and Rule 59(e) motions for Amended and
Additional Findings of Fact and Conclusions of Law and Motion to Alter or Amend the Order
Entering Summary Judgment in Favor of Defendants on February 21, 2017. The District Court
denied Plaintiff’s timely Rule 52(b) and Rule 59(e) motions on February 23, 2017.
The United States Court of Appeals for the Seventh Circuit has jurisdiction to decide this
case pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 1294.
The Notice of Appeal was timely filed with the District Court on March 23, 2017.
This case is not a direct appeal from the decision of a magistrate judge.
III.

THIS IS AN APPEAL OF AN IMMEDIATELY APPEALABLE FINAL
JUDGMENT
A final appealable judgment was entered by the District Court on February 23, 2017.

This is a civil appeal as a matter of right pursuant to Federal Rule of Appellate Procedure 3(a)
and Circuit Rule 3(a).
IV.

PRIOR OR RELATED APPELLATE PROCEEDINGS
There have been no prior or related appellate proceedings in this case.

V.

ADDITIONAL REQUIREMENTS OF CIRCUIT RULE 3(c)(1)
This is a civil case that does not involve any criminal convictions.
None of the parties to the litigation appear in an official capacity.
This case does not involve a collateral attack on a criminal conviction.

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Dated this 23rd day of March, 2017.

By:

/s/ Elizabeth M. Locke
Thomas A. Clare (Pro Hac Vice)
Elizabeth M. Locke (Pro Hac Vice)
Megan L. Meier (Pro Hac Vice)
Dustin A. Pusch (Pro Hac Vice)
CLARE LOCKE LLP
902 Prince Street
Alexandria, Virginia 22314
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Elisa S. Gallo, M.D.

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