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)

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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. 2 3 2 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: (202) 628-7400 Attorneys for Plaintiff Elisa S. Gallo, M.D. 3 3 2

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