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)

3015, APPEAL, CLOSED, DECLINE_MJ, DIVERSITY, IKC, PROTECTIVE_ORDER,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15-cv-00304-jdp

Gallo, Elisa v. Mayo Clinic Health System - Franciscan Medical Center,
Inc.
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 05/20/2015
Date Terminated: 01/24/2017
Jury Demand: Plaintiff
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
Elisa S. Gallo, M.D.

represented by Elizabeth Marie Locke
Clare Locke LLP
902 Prince Street
Alexandria, VA 22314
202-628-7402
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Aaron Dumas
Cullen Weston Pines & Bach LLP
122 W. Washington Ave
Suite 900
Madison, WI 53703
608-251-0101
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/09/2016
Dustin Andrew Pusch
Clare Locke LLP
902 Prince Street
Alexandria, VA 22314
202-628-7406
Email: [e-mail]
ATTORNEY TO BE NOTICED
George S. Bellas
Bellas & Wachowski
15 N. Northwest Highway
Park Ridge, IL 60068
847-823-9030 x216
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/09/2016
Lester A. Pines

Cullen Weston Pines & Bach LLP
122 W. Washington Ave
Suite 900
Madison, WI 53703
608-251-0101
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/09/2016
Megan Lambart Meier
Clare Locke LLP
902 Prince Street
Alexandria, VA 22314
202-628-7403
Email: [e-mail]
ATTORNEY TO BE NOTICED
Thomas Arthur Clare
Clare Locke LLP
902 Prince Street
Alexandria, VA 22314
202-628-7401
Email: [e-mail]
ATTORNEY TO BE NOTICED
V.
Defendant
Mayo Clinic Health System - Franciscan
Medical Center, Inc.

represented by Michael J. Modl
Axley Brynelson, LLP
Two East Mifflin Street, Ste. 200
P.O. Box 1767
Madison, WI 53701
608-257-5661
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Michael J. Westcott
Axley Brynelson, LLP
2 East Mifflin Street, Suite 200
Madison, WI 53701
608-283-6722
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Michael White, M.D.

represented by Michael J. Modl
(See above for address)
ATTORNEY TO BE NOTICED

Michael J. Westcott
(See above for address)
ATTORNEY TO BE NOTICED
Interested Party
The Mount Sinai Hospital
Interested Party
Refuah Health Center, Inc.

Date Filed

#

Docket Text

05/26/2015

1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-1562001.), filed
by All Plaintiffs. (Attachments:
# 1 Exhibit 1 - Separation Agreement,
# 2 JS-44 Civil Cover Sheet,
# 3 Summons - Franciscan Skemp,
# 4 Summons - White) (Pines, Lester) (Entered: 05/26/2015)

05/26/2015

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jls) (Entered: 05/26/2015)

05/26/2015

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all
parties with summons or waiver of service: Corporate Disclosure Statement, Order Regarding
Assignment of Civil Cases, Notice of Assignment to a Magistrate Judge and Consent/Request
for Reassignment, Order on Dispositive Motions. (jls) (Entered: 05/26/2015)

05/26/2015

2 Summons Issued as to Franciscan Skemp Healthcare, Inc., Michael White, M.D.. (Attachments:
# 1 Michael White, M.D. Summons) (jls) (Entered: 05/26/2015)

05/29/2015

3 Motion to Admit George S. Bellas Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number
0758-1564917.) by Plaintiff Elisa S. Gallo, M.D. (Bellas, George) (Entered: 05/29/2015)

06/01/2015

4 ** TEXT ONLY ORDER **
ORDER granting 3 Motion to Admit George S. Bellas Pro Hac Vice. Signed by Magistrate
Judge Peter A. Oppeneer on 6/1/2015. (lak) (Entered: 06/01/2015)

07/16/2015

Action Requested: Counsel for plaintiff requested to promptly file proof of service. (jls)
(Entered: 07/16/2015)

07/17/2015

5 Waiver of Service Returned Executed by Defendant Franciscan Skemp Healthcare, Inc.
Franciscan Skemp Healthcare, Inc. waiver sent on 7/17/2015, answer due 9/15/2015. (Pines,
Lester) (Entered: 07/17/2015)

07/17/2015

6 Waiver of Service Returned Executed by Defendant Michael White, M.D. Michael White, M.D.
waiver sent on 7/17/2015, answer due 9/15/2015. (Pines, Lester) (Entered: 07/17/2015)

09/10/2015

7 Notice of Appearance filed by Michael J. Westcott for Defendants Franciscan Skemp
Healthcare, Inc., Michael White, M.D. (Westcott, Michael) (Entered: 09/10/2015)

09/10/2015

8 Notice of Appearance filed by Michael J. Modl for Defendants Franciscan Skemp Healthcare,
Inc., Michael White, M.D. (Modl, Michael) (Entered: 09/10/2015)

09/10/2015

9 ANSWER by Defendants Franciscan Skemp Healthcare, Inc., Michael White, M.D. (Westcott,
Michael) (Entered: 09/10/2015)

09/10/2015

Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 10/6/2015 at 01:00
PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up
the call to chambers at [phone]. [Standing Order Governing Preliminary Pretrial
Conference attached] (jls) (Entered: 09/10/2015)

09/29/2015

10 Joint Rule 26 Initial Disclosure Report by Plaintiff Elisa S. Gallo, M.D. (Pines, Lester)
(Entered: 09/29/2015)

09/29/2015

11 Stipulation to correct corporate name of the defendant in the caption by Plaintiff Elisa S. Gallo,
M.D. (Pines, Lester) (Entered: 09/29/2015)

09/30/2015

12 ** TEXT ONLY ORDER **
ORDER accepting and entering 11 Stipulation to correct corporate name of the defendant in the
caption. Signed by Magistrate Judge Stephen L. Crocker on 9/30/2015. (jls) (Entered:
09/30/2015)

10/05/2015

Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L.
Crocker. (cak) (Entered: 10/05/2015)

10/06/2015

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 10/6/2015 [:10] (cak) (Entered: 10/06/2015)

10/14/2015

13 Pretrial Conference Order - Amendments to Pleadings due 11/10/2015. Dispositive Motions due
8/12/2016. Settlement Letters due 12/9/2016. Motions in Limine due 12/9/2016. Response to
Motion due 12/23/2016. Final Pretrial Conference set for 1/11/2017 at 04:00 PM. Jury Selection
and Trial set for 1/17/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
10/12/2015. (jls) (Entered: 10/14/2015)

10/29/2015

14 Notice by Plaintiff Elisa S. Gallo, M.D. of Filing Certificate of Service. (Attachments:
# 1 Certificate of Service) (Bellas, George) Modified on 10/30/2015. (lak) (Entered:
10/29/2015)

11/06/2015

15 Joint Motion for Entry of Proposed Stipulation and Order Concerning Protocol for Discovery of
Electronically Stored Information by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. Response due 11/13/2015. (Attachments:
# 1 Exhibit 1 - Agreed Stip and Order for Preservation and Discovery of Electronically Stored
Information) (Modl, Michael) Modified on 11/8/2015. (lak) (Entered: 11/06/2015)

11/10/2015

16 ** TEXT ONLY ORDER **
It is ORDERED that the parties' stipulated protocol regarding electronic discovery (dkt. 15-1) is
ACCEPTED and ENTERED by the court. Signed by Magistrate Judge Stephen L. Crocker on
11/10/2015. (jls) (Entered: 11/10/2015)

12/11/2015

17 Notice of Filing by Plaintiff Elisa S. Gallo, M.D. (Attachments:
# 1 Certificate of Service) (Bellas, George) (Entered: 12/11/2015)

01/14/2016

18 Joint Motion for Protective Order by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D., (Attachments:
# 1 Text of Proposed Order) (Modl, Michael) (Entered: 01/14/2016)

01/19/2016

19 ** TEXT ONLY ORDER **
The parties' stipulated protective order 18 is ACCEPTED and ENTERED by the court. Signed
by Magistrate Judge Stephen L. Crocker on 1/19/2016. (voc) (Entered: 01/19/2016)

01/25/2016

20 Certificate of Service. (Bellas, George) Modified on 1/25/2016: Corrected docketing event.
(lak) (Entered: 01/25/2016)

05/23/2016

21 Motion to Compel a Discovery Response by Plaintiff Elisa S. Gallo, M.D. Motions referred to
Magistrate Judge Stephen L. Crocker. Response due 5/31/2016. (Pines, Lester) (Entered:
05/23/2016)

05/23/2016

22 Brief in Support of 21 Motion to Compel a Discovery Response by Plaintiff Elisa S. Gallo,
M.D. (Pines, Lester) (Entered: 05/23/2016)

05/23/2016

23 Disregard. See 24 . Modified on 5/24/2016. (lak) (Entered: 05/23/2016)

05/24/2016

24 Corrected Declaration of Lester Pines filed by Plaintiff Elisa S. Gallo, M.D. re: 21 Motion to
Compel. (Pines, Lester) (Entered: 05/24/2016)

05/24/2016

25 Notice of Appearance filed by Aaron Dumas for Plaintiff Elisa S. Gallo, M.D. (Dumas, Aaron)
(Entered: 05/24/2016)

05/31/2016

26 Stipulation to Amend 13 Preliminary Pretrial Conference Order by Plaintiff Elisa S. Gallo,
M.D. (Pines, Lester) Modified on 5/31/2016 (jls). (Entered: 05/31/2016)

06/02/2016

27 ** TEXT ONLY ORDER **
26 Stipulation accepted and entered. Signed by Magistrate Judge Stephen L. Crocker on
6/2/2016. (jls) (Entered: 06/02/2016)

06/06/2016

28 ORDER granting 21 Motion to Compel. Mt. Sinai shall provide all materials responsive to the
subpoena and shall not withhold materials based on any provision of New York law. Signed by
Magistrate Judge Stephen L. Crocker on 6/3/2016. (jls) (Entered: 06/06/2016)

06/06/2016

29 ORDER granting 21 Motion to Compel. Refuah shall provide all materials responsive to the
subpoena and shall not withhold materials based on any provision of New York law. Signed by
Magistrate Judge Stephen L. Crocker on 6/3/2016. (jls) (Entered: 06/06/2016)

06/13/2016

30 Disregard. See 31 . Modified on 6/15/2016. (lak) (Entered: 06/13/2016)

06/14/2016

31 Expert Report of Christina Giles by Plaintiff Elisa S. Gallo, M.D., (Attachments:
# 1 Exhibit 1 - Credentialing Resource Center Insider Article on Red Flags,
# 2 Exhibit 2 - Giles Resume) (Pines, Lester) (Entered: 06/14/2016)

06/24/2016

32 Redaction to 33 Expert Report of Carol Stotlar by Plaintiff Elisa S. Gallo, M.D., (Attachments:
# 1 Exhibit 1 - Past Wages if Employed by Refuah 06/16/14 to 06/24/16,
# 2 Exhibit 2 - Present Value of Forward Pay Until Retirement,
# 3 Exhibit 3 - Present Value of Earnings at Current Rate,
# 4 Appendix Index,
# 5 Appendix A - Seasoned Aaa Corporate Bond Yield,
# 6 Appendix B - Consumer Price Index Data from 1913 to 2015,
# 7 Appendix C - Projected Wage Increase,
# 8 Appendix D - Board of Governors Treasury Yield,
# 9 Appendix E - Employment Agreement,
# 10 Appendix F - Pay Stubs) (Pines, Lester) Modified on 6/24/2016: Corrected docketing
event. (lak) (Entered: 06/24/2016)

06/24/2016

33 Expert Report of Carol Stotlar by Plaintiff Elisa S. Gallo, M.D. (Sealed Document)
(Attachments:
# 1 Exhibit 1 - Past Wages if Employed by Refuah 06/16/14 to 06/24/16,
# 2 Exhibit 2 - Present Value of Forward Pay Until Retirement,
# 3 Exhibit 3 - Present Value of Earnings at Current Rate,
# 4 Appendix Index,
# 5 Appendix A - Seasoned Aaa Corporate Bond Yield,
# 6 Appendix B - Consumer Price Index Data from 1913 to 2015,

# 7 Appendix C - Projected wage increase,
# 8 Appendix D - Board of Governors Treasury Yield,
# 9 Appendix E - Employment Agreement,
# 10 Appendix F - Pay Stubs) (Pines, Lester) (Entered: 06/24/2016)
06/24/2016

34 Unopposed Motion to Seal Document 33 Expert Report, by Plaintiff Elisa S. Gallo, M.D.
Motions referred to Magistrate Judge Stephen L. Crocker. (Pines, Lester) (Entered: 06/24/2016)

06/27/2016

35 ** TEXT ONLY ORDER **
ORDER granting 34 Motion to Seal Document 33 Expert Report. Signed by Magistrate Judge
Stephen L. Crocker on 6/26/2016. (jls) (Entered: 06/27/2016)

08/12/2016

36 Deposition of Elisa S. Gallo, M.D. taken on June 15, 2016. (Sealed Document) (Modl, Michael)
(Entered: 08/12/2016)

08/12/2016

37 Deposition of Mark G. Lebwohl, M.D. taken on July 21, 2016. (Modl, Michael) (Entered:
08/12/2016)

08/12/2016

38 Deposition of Stephan Flaim taken on July 21, 2016. (Modl, Michael) (Entered: 08/12/2016)

08/12/2016

39 MOTION FOR SUMMARY JUDGMENT by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D. Brief in Opposition due 9/12/2016. Brief
in Reply due 9/26/2016. (Modl, Michael) (Entered: 08/12/2016)

08/12/2016

40 Declaration of Barbara Saathoff filed by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment, (Sealed
Document) (Attachments:
# 1 Exhibit 1 - Copy of Separation Agreement and General Release) (Modl, Michael) Modified
on 8/14/2016. (lak) (Entered: 08/12/2016)

08/12/2016

41 Declaration of Diane Otte filed by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment. (Modl,
Michael) (Entered: 08/12/2016)

08/12/2016

42 Declaration of David Rushlow, M.D. filed by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment.
(Modl, Michael) (Entered: 08/12/2016)

08/12/2016

43 Declaration of Michael White, M.D. filed by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 1 - Copy of Performance Counseling Document,
# 2 Exhibit 2 - 9/14/10 Memo for Record,
# 3 Exhibit 3 - Affiliation Verification Form,
# 4 Exhibit 4 - 5/16/14 E-mail from Dr. White to Dr. Lebwohl,
# 5 Exhibit 5 - 5/16/14 E-mail from Dr. Lebwohl to Dr. White,
# 6 Exhibit 6 - 10/31/14 E-mail and Letter from Dr. White to Dr. Lebwohl,
# 7 Exhibit 7 - 11/24/14 Letter from Dr. Lebwohl to Dr. White) (Modl, Michael) Modified on
8/14/2016. (lak) (Entered: 08/12/2016)

08/12/2016

44 Declaration of Michael J. Modl filed by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 1 - Pages of Elisa Gallo Deposition (See 36 for complete deposition.),
# 2 Exhibit 2 - Pages of Mark Lebwohl, M.D. Deposition (See 37 for complete deposition.),
# 3 Exhibit 3 - Pages of Stephan Flaim Deposition (See 38 for complete deposition.),
# 4 Exhibit 4 - Declaration of Dr. Corinna Manini Dated 7/11/2016,

# 5 Exhibit 5 - 9/11/13 E-mail from Dr. Manini,
# 6 Exhibit 6 - 10/11/13 E-mail from Dr. Gallo to Dr. Manini,
# 7 Exhibit 7 - 12/6/13 Contingent Offer,
# 8 Exhibit 8 - 4/30/14 E-mail from Dr. Manini to Dr. Lebwohl,
# 9 Exhibit 9 - 5/6/14 E-mail from Dr. Gallo to Refuah,
# 10 Exhibit 10 - 5/6/14 Note from Dr. Manini,
# 11 Exhibit 11 - 5/15/14 E-mail from Dr. Lebwohl to Dr. Gallo) (Modl, Michael) Modified on
8/14/2016. (lak) (Entered: 08/12/2016)
08/12/2016

45 Brief in Support of 39 Motion for Summary Judgment by Defendants Mayo Clinic Health
System - Franciscan Medical Center, Inc., Michael White, M.D. (Modl, Michael) (Entered:
08/12/2016)

08/12/2016

46 Proposed Findings of Fact filed by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment. (Modl,
Michael) (Entered: 08/12/2016)

08/17/2016

47 Redaction to 40 Declaration of Barbara Saathoff by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D., (Attachments:
# 1 Exhibit A - Filed Under Seal) (Modl, Michael) (Entered: 08/17/2016)

09/08/2016

48 Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment by
Plaintiff Elisa S. Gallo, M.D. Motions referred to Magistrate Judge Stephen L. Crocker.
Response due 9/15/2016. (Bellas, George) (Entered: 09/08/2016)

09/08/2016

49 Notice of Filing by Plaintiff Elisa S. Gallo, M.D. re: 48 Motion for Extension of Time. (Bellas,
George) Modified on 9/9/2016. (lak) (Entered: 09/08/2016)

09/09/2016

50 Declaration of Lester A. Pines filed by Plaintiff Elisa S. Gallo, M.D. re: 48 MOTION for
Extension of Time. (Pines, Lester) (Entered: 09/09/2016)

09/12/2016

Set Hearings: Settlement Conference set for 9/27/2016 at 10:00 AM in conference room 410
before Magistrate Judge Peter Oppeneer. Any submissions of the parties are due by 9/23/2016
at [e-mail]. (jaf) (Entered: 09/12/2016)

09/13/2016

51 ** TEXT ONLY ORDER **
Before the court is plaintiff's September 8, 2016 motion (dkt. 48 ) to extend her September 12,
2016 deadline to respond to defendants' August 12, 2016 motion for summary judgment (dkt.
39 ). According to plaintiff, when defendants filed their SJ motion, defendants included a July
11, 2016 declaration from Dr. Corinna Manini (see dkt. 44-4) who was supposed to be deposed
in July in New York, but who allegedly avoided service of the deposition subpoena and
therefore was not deposed. Plaintiff waited 27 days after learning of Dr. Manini's declaration to
file the instant motion, asking for a 30-day extension of her response deadline so that she can
subpoena Dr. Manini and depose her in order to impeach her declaration. Assuming plaintiff's
proffer is accurate, then both sides are at fault here, defendants for sandbagging plaintiff,
plaintiff for waiting too long to ask for relief. The court cannot give a 30-day extension without
compromising its ability to provide a timely ruling on defendants' motion. The court will extend
plaintiff's response deadline to September 26, 2016 so that plaintiff may depose Dr. Manini on
the issues raised in her declaration. If Dr. Manini cannot be deposed in some manner for this
purpose during this time period, then the court will strike her declaration so as to return both
sides to ground zero on her testimony. Signed by Magistrate Judge Stephen L. Crocker on
9/13/2016. (jls) (Entered: 09/13/2016)

09/26/2016

52 Deposition of Michael J. White, M.D. taken on 06/24/16. (Pines, Lester) (Entered: 09/26/2016)

09/26/2016

53 Disregard. See 60 . Modified on 9/27/2016. (lak) (Entered: 09/26/2016)

09/26/2016

54 Declaration of Lester A. Pines filed by Plaintiff Elisa S. Gallo, M.D. re: 39 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit A - Pages from Deposition of Michael White (See 52 for complete deposition in
condensed format.),
# 2 Exhibit B - Affiliation Verification,
# 3 Exhibit C - Franciscan Skemp Performance Counseling,
# 4 Exhibit D - Resume of Dr. Soo Junk Kim,
# 5 Exhibit E - Email from Dr Corinna Manini dated June 11 2014,
# 6 Exhibit F - Pages from the Deposition of Stephan Flaim (See 38 for complete deposition in
condensed format.),
# 7 Exhibit G - Email from Deborah Burhans Produced by Mayo Bates No.: EG00000018,
# 8 Exhibit H - Email from Tracey English Produced by Mount Sinai Bates No.: 312-31,
# 9 Exhibit I - Email from Tracey English Produced by Mount Sinai Bates No.: 307,
# 10 Exhibit J - Email from David Rushlow Produced by Mayo Bates No.: EG00000032,
# 11 Exhibit K - Email from Dr Corinna Manini Produced by Refuah Bates No.: 251-252,
# 12 Exhibit L - Email from Mark Lebwohl Produced by Mayo Bates No.: EG00000015)
(Pines, Lester) Modified on 9/27/2016. (lak) (Entered: 09/26/2016)

09/26/2016

55 Declaration of Elisa Gallo filed by Plaintiff Elisa S. Gallo, M.D. re: 39 Motion for Summary
Judgment. (Pines, Lester) (Entered: 09/26/2016)

09/26/2016

56 Motion to Strike 44 Declaration of Corinna Manini by Plaintiff Elisa S. Gallo, M.D. Brief in
Opposition due 10/11/2016. Brief in Reply due 10/17/2016. (Pines, Lester) Modified on
9/27/2016: Linked to the document referred to in paragraph one of the motion. (lak) (Entered:
09/26/2016)

09/26/2016

57 Declaration of George Bellas filed by Plaintiff Elisa S. Gallo, M.D. re: 56 Motion to Strike.
(Pines, Lester) (Entered: 09/26/2016)

09/26/2016

58 Response to Proposed Findings of Fact filed by Plaintiff Elisa S. Gallo, M.D. re: 39 Motion for
Summary Judgment. (Pines, Lester) (Entered: 09/26/2016)

09/26/2016

59 Proposed Findings of Fact filed by Plaintiff Elisa S. Gallo, M.D. re: 39 Motion for Summary
Judgment. (Pines, Lester) (Entered: 09/26/2016)

09/27/2016

60 Brief in Opposition by Plaintiff Elisa S. Gallo, M.D. re: 39 Motion for Summary Judgment filed
by Mayo Clinic Health System - Franciscan Medical Center, Inc., Michael White, M.D. (Pines,
Lester) (Entered: 09/27/2016)

09/27/2016

61 Minute Order. Proceedings held before Magistrate Judge Peter A. Oppeneer: Settlement
Conference held on 9/27/2016 [4:30] during which the parties reached a settlement in principle.
All remaining deadlines, except the trial date, are terminated. Parties are to file a stipulation of
dismissal by 10/21/2016. (jaf) (Entered: 09/27/2016)

10/21/2016

62 Disregard. See 63 . Modified on 10/24/2016. (lak) (Entered: 10/21/2016)

10/24/2016

63 Amended Motion to Withdraw as Attorney by Plaintiff Elisa S. Gallo, M.D. (Pines, Lester)
(Entered: 10/24/2016)

10/24/2016

64 Status Report by Defendants Mayo Clinic Health System - Franciscan Medical Center, Inc.,
Michael White, M.D. (Modl, Michael) (Entered: 10/24/2016)

10/26/2016

65 Motion to Enforce Settlement and Dismissing this Action with Prejudice or in the Alternative,
to Reset Deadlines to Complete Briefing on Defendants' Motion for Summary Judgment and for
an Award of Attorney's Fees and Costs by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. Response due 11/2/2016. (Modl, Michael) (Entered:
10/26/2016)

10/26/2016

66 Brief in Support of 65 Motion to Enforce Settlement, by Defendants Mayo Clinic Health
System - Franciscan Medical Center, Inc., Michael White, M.D. (Modl, Michael) (Entered:
10/26/2016)

10/26/2016

67 Declaration of Michael J. Modl filed by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 65 Motion to Enforce Settlement, (Attachments:
# 1 Exhibit 1 - 10/4/16 Atty Modl Email to Attys Pines and Bellas,
# 2 Exhibit 2 - 10/8/16 Atty Modl Email to Attys Pines and Bellas,
# 3 Exhibit 3 - 10/15/16 Atty Modl Email to Attys Pines and Bellas,
# 4 Exhibit 4 - Plaintiff's Letter to Atty Saathoff,
# 5 Exhibit 5 - 10/19/16 Atty Saathoff Response Email to Atty Modl,
# 6 Exhibit 6 - 10/20/16 Atty Modl Email to Atty Pines,
# 7 Exhibit 7 - 10/20/16 Atty Pine Email to Atty Modl,
# 8 Exhibit 8 - 10/20/16 Atty Modl Email to Atty Pines; Niebuhr Email Attached Settlement
Agreement,
# 9 Exhibit 9 - 10/21/16 Atty Modl Email to Attys Bellas and Pines,
# 10 Exhibit 10 - 10/21/16 Atty Modl Email to Attys Pines and Bellas,
# 11 Exhibit 11 - 10/21/16 Atty Pines Email to Attys Modl and Bellas) (Modl, Michael)
Modified on 10/26/2016. (lak) (Entered: 10/26/2016)

10/26/2016

68 ORDER setting response deadline to 63 Motion to Withdraw as Attorney; striking plaintiff's
deadline to respond to defendants' motion to enforce settlement 65 ; striking defendants'
deadline to reply in support of their motion for summary judgment 39 . Plaintiff Elisa S. Gallo,
MD has until November 2, 2016 to advise the court whether she objects to counsel's motion to
withdraw. Signed by District Judge James D. Peterson on 10/26/2016. (jls) Modified on
11/7/2016. (arw) (Entered: 10/26/2016)

11/04/2016

69 Response to 63 Motion to Withdraw as Attorney by Plaintiff Elisa S. Gallo, M.D. (Attachments:
# 1 Envelope) (jls) (Entered: 11/04/2016)

11/09/2016

70 ORDER granting 63 Motion to Withdraw as Attorney. Attorney Lester A. Pines, George S.
Bellas and Aaron Dumas terminated; Plaintiff's response to defendants' 65 Motion to Enforce
Settlement is due by November 21, 2016; and Defendants reply brief in support of 39 Motion
for Summary Judgment is due by November 21, 2016. Signed by District Judge James D.
Peterson on 11/9/2016. (jls) (Entered: 11/09/2016)

11/18/2016

71 Brief in Opposition by Defendants Mayo Clinic Health System - Franciscan Medical Center,
Inc., Michael White, M.D. re: 56 Motion to Strike, filed by Elisa S. Gallo, M.D. (Modl,
Michael),(ps) (Entered: 11/18/2016)

11/18/2016

72 Declaration of Michael J. Modl filed by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 56 Motion to Strike, (Modl, Michael),(ps)
(Entered: 11/18/2016)

11/18/2016

73 Certificate of Service by Defendants Mayo Clinic Health System - Franciscan Medical Center,
Inc., Michael White, M.D. as to 71 Brief in Opposition, 72 Declaration. (Modl, Michael),(ps)
(Entered: 11/18/2016)

11/21/2016

74 Brief in Reply by Defendants Mayo Clinic Health System - Franciscan Medical Center, Inc.,
Michael White, M.D. in Support of 39 Motion for Summary Judgment. (Modl, Michael),(ps)
(Entered: 11/21/2016)

11/21/2016

75 Reply in Support of Proposed Findings of Fact filed by Defendants Mayo Clinic Health System
- Franciscan Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment.
(Modl, Michael),(ps) Modified on 11/22/2016: Highlighted portions on pages 15 and 21. (lak)
(Entered: 11/21/2016)

11/21/2016

76 Response to Proposed Findings of Fact filed by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment.
(Modl, Michael),(ps) (Entered: 11/21/2016)

11/21/2016

77 Certificate of Service by Defendants Mayo Clinic Health System - Franciscan Medical Center,
Inc., Michael White, M.D. as to 75 Reply in Support of Proposed Findings of Fact, 74 Brief in
Reply, 76 Response to Proposed Findings of Fact. (Modl, Michael),(ps) (Entered: 11/21/2016)

11/21/2016

78 Supplemental Declaration of Michael J. Modl filed by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D. re: 39 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 1 - 9/11/13 Letter to Dr. Gallo from Refuah,
# 2 Exhibit 2 - 10/11/13 Email Exchanges Between Drs. Gallo and Manini,
# 3 Exhibit 3 - 4/23/14 Employment Agreement) (Modl, Michael),(ps) Modified on 11/22/2016.
(lak) (Entered: 11/21/2016)

11/23/2016

79 Brief in Opposition by Plaintiff Elisa S. Gallo, M.D. re: 65 Motion to Enforce Settlement, filed
by Mayo Clinic Health System - Franciscan Medical Center, Inc., Michael White, M.D.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 11/23/2016)

12/01/2016

80 Motion for Hearing. Request for Scheduling/Status Conference by Defendants Mayo Clinic
Health System - Franciscan Medical Center, Inc., Michael White, M.D., (Attachments:
# 1 Certificate of Service) (Modl, Michael),(ps) (Entered: 12/01/2016)

12/02/2016

81 ** TEXT ONLY ORDER **
This case has a troubled history that I need not recount here. But pretrial filing deadlines are
looming, and defendants have understandably filed a motion for a status conference. Dkt. 80 . I
will deny that motion, but I will also strike the trial date and suspend the deadlines for making
the pretrial filings and disclosures. The court is considering several motions by the parties that
might resolve the case without a trial. If my decisions on these motions do not resolve the case,
I will set a new trial date and related deadlines in consultation with the parties. In the meantime,
I will give the parties short deadlines to submit reply briefs for two of the pending motions.
Plaintiff may file a reply brief in support of her motion to strike declaration of Corinna Manini,
Dkt. 56 , by December 16, 2016; defendants may file their reply brief in support of their motion
to enforce settlement, Dkt. 65 , by December 16, 2016. Defendants' motion for summary
judgment, Dkt. 39 , is already fully briefed. Signed by District Judge James D. Peterson on
12/2/2016. (ikc),(ps) (Entered: 12/02/2016)

12/05/2016

Set Deadlines as to 56 Motion to Strike 44 Declaration. Plaintiff's Brief in Reply due
12/16/2016. (elc),(ps) (Entered: 12/05/2016)

12/05/2016

Set Deadlines as to 65 Motion to Enforce Settlement. Defendants' Brief in Reply due
12/16/2016. (elc),(ps) (Entered: 12/05/2016)

12/13/2016

82 Motion to Admit Elizabeth Marie Locke Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-1933972.) by Plaintiff Elisa S. Gallo, M.D. Motions referred to Magistrate Judge Stephen
L. Crocker. (Locke, Elizabeth),(ps) (Entered: 12/13/2016)

12/13/2016

83 ** TEXT ONLY ORDER **
ORDER granting 82 Motion to Admit Elizabeth Marie Locke Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 12/13/2016. (nln),(ps) (Entered: 12/13/2016)

12/13/2016

84 Motion to Admit Dustin Andrew Pusch Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-1934080.) by Plaintiff Elisa S. Gallo, M.D. Motions referred to Magistrate Judge Stephen
L. Crocker. (Pusch, Dustin) (Entered: 12/13/2016)

12/13/2016

85 ** TEXT ONLY ORDER **
ORDER granting 84 Motion to Admit Dustin Andrew Pusch Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 12/13/2016. (lak) (Entered: 12/13/2016)

12/14/2016

86 Motion to Admit Thomas Arthur Clare Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-1934576.) by Plaintiff Elisa S. Gallo, M.D. Motions referred to Magistrate Judge Stephen
L. Crocker. (Clare, Thomas) (Entered: 12/14/2016)

12/14/2016

87 ** TEXT ONLY ORDER **
ORDER granting 86 Motion to Admit Thomas Arthur Clare Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 12/14/2016. (lak) (Entered: 12/14/2016)

12/14/2016

88 Motion to Stay Proceedings and Requesting a Status Conference by Plaintiff Elisa S. Gallo,
M.D. Response due 12/21/2016. (Attachments:
# 1 Exhibit A - E-mails,
# 2 Exhibit B - E-mail Dated 5/29/2014) (Locke, Elizabeth) Modified on 12/15/2016: Added
exhibit descriptions. E-mail to counsel. (lak) (Entered: 12/14/2016)

12/15/2016

89 Brief in Reply by Defendants Mayo Clinic Health System - Franciscan Medical Center, Inc.,
Michael White, M.D. in Support of 65 Motion to Enforce Settlement. (Modl, Michael)
(Entered: 12/15/2016)

12/15/2016

90 Supplemental Declaration of Michael J. Modl filed by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D. re: 65 Motion to Enforce Settlement.
(Modl, Michael) (Entered: 12/15/2016)

12/15/2016

91 Brief in Opposition by Defendants Mayo Clinic Health System - Franciscan Medical Center,
Inc., Michael White, M.D. re: 88 Motion to Stay, filed by Elisa S. Gallo, M.D. (Modl, Michael)
(Entered: 12/15/2016)

12/15/2016

92 ** TEXT ONLY ORDER **
Plaintiff's motion for a status conference and stay, Dkt. 88 , is denied. Defendants' motions for
summary judgment and to enforce the settlement agreement are fully briefed, and plaintiff had
the benefit of very capable counsel when her briefs were submitted. There is no reason to give
plaintiff a do-over on either motion. But I will give plaintiff's new counsel a chance to get up to
speed on the one submission that plaintiff has outstanding: her reply in support of her motion to
strike the Manini declaration, Dkt. 56 . Given the impending holidays, plaintiff may have until
December 30, 2016, to file her reply. Everything else can wait until the court decides the
pending motions. (But plaintiff's counsel should know that I would not be inclined to allow
witnesses to be re-deposed just so plaintiff can get them on video. This court may not be the
rocket docket it once was, but we do not yet run in reverse.). Signed by District Judge James D.
Peterson on 12/15/2016. (ikc) Modified on 12/16/2016 (jls). (Entered: 12/15/2016)

12/16/2016

93 Motion to Admit Megan Lambart Meier Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number
0758-1936876.) by Plaintiff Elisa S. Gallo, M.D. Motions referred to Magistrate Judge Stephen
L. Crocker. (Meier, Megan) (Entered: 12/16/2016)

12/19/2016

94 ** TEXT ONLY ORDER **
ORDER granting 93 Motion to Admit Megan Lambart Meier Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 12/19/2016. (lak) (Entered: 12/19/2016)

12/30/2016

95 Brief in Reply by Plaintiff Elisa S. Gallo, M.D. in Support of 56 Motion to Strike the
Declaration of Dr. Corinna Manini, (Attachments:
# 1 Exhibit A - May 7, 2014 Email from A. Khorover,
# 2 Exhibit B - June 11, 2014 Email from C. Manini,
# 3 Exhibit C - June 6, 2014 Email from C. Manini,

# 4 Exhibit D - May 29, 2014 Email from C. Manini) (Locke, Elizabeth) Modified on 1/2/2017.
(lak) (Entered: 12/30/2016)
01/04/2017

96 Motion for Leave to File Sur-Reply by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D., (Attachments:
# 1 Exhibit 1 - Defendants' Sur-Reply in Opposition to Plaintiff's Motion to Strike Manini
Declaration) (Modl, Michael) Modified on 1/4/2017. (lak) (Entered: 01/04/2017)

01/24/2017

97 ORDER denying 65 Motion to Enforce Settlement; denying 56 Motion to Strike; granting 39
Motion for Summary Judgment; denying 96 Motion for Leave to File Sur-Reply; and
dismissing this case. Signed by District Judge James D. Peterson on 1/24/2017. (jls) (Entered:
01/24/2017)

01/24/2017

98 JUDGMENT entered in favor of Defendants Mayo Clinic Health System - Franciscan Medical
Center, Inc. and Michael White, M.D. dismissing the case. (jls) (Entered: 01/24/2017)

01/27/2017

99 Bill of Costs by Defendants Mayo Clinic Health System - Franciscan Medical Center, Inc.,
Michael White, M.D. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill
of Costs due 2/6/2017. Brief in Support to Bill of Costs due 2/16/2017. Brief in Reply in
Opposition to Bill of Costs due 2/21/2017. (Modl, Michael) (Entered: 01/27/2017)

01/27/2017

100 Affidavit of Michael J. Modl filed by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 99 Bill of Costs, (Attachments:
# 1 Exhibit 1 - Invoices Related to Deposition Costs,
# 2 Exhibit 2 - Invoices Related to Process Server Fees) (Modl, Michael) Modified on
1/29/2017. (lak) (Entered: 01/27/2017)

02/06/2017

101 Objection to Bill of Costs by Plaintiff Elisa S. Gallo, M.D. re: 99 Bill of Costs filed by Mayo
Clinic Health System - Franciscan Medical Center, Inc., Michael White, M.D. (Locke,
Elizabeth) (Entered: 02/06/2017)

02/16/2017

102 Brief in Support of Bill of Costs by Defendants Mayo Clinic Health System - Franciscan
Medical Center, Inc., Michael White, M.D. re: 99 Bill of Costs filed by Mayo Clinic Health
System - Franciscan Medical Center, Inc., Michael White, M.D. (Modl, Michael) (Entered:
02/16/2017)

02/16/2017

103 Supplemental Affidavit of Michael J. Modl filed by Defendants Mayo Clinic Health System Franciscan Medical Center, Inc., Michael White, M.D. re: 99 Bill of Costs, (Attachments:
# 1 Exhibit 1 - E-mail dated 3/31/16 from Atty Bellas to MJM,
# 2 Exhibit 2 - E-mail dated 5/5/16 from Atty Bellas,
# 3 Exhibit 3 - E-mail dated 5/14/16 from Atty Bellas re: Lebwohl Deposition,
# 4 Exhibit 4 - E-mail from Mt. Sinai Counsel) (Modl, Michael) Modified on 2/17/2017. (lak)
(Entered: 02/16/2017)

02/21/2017

104 Motion to Alter or Amend Judgment by Plaintiff Elisa S. Gallo, M.D., (Attachments:
# 1 Pines Declaration Exhibit L - 5/16/14 Email,
# 2 Pines Declaration Exhibit F - Excerpts from Flaim Deposition (See 38 for complete
deposition in condensed format.),
# 3 Pines Declaration Exhibit J - 5/19/14 Email,
# 4 Excerpt from Lebwohl Deposition (See 37 for complete deposition in condensed format.),
# 5 Pines Declaration Exhibit A - Excerpts from White Deposition (See 52 for complete
deposition in condensed format.),
# 6 Pines Declaration Exhibit E - 6/11/14 Email,
# 7 Pines Declaration Exhibit K - 6/11/14 Email,
# 8 Pines Declaration Exhibit D - Dr. Kim Resume) (Locke, Elizabeth) Modified on 2/22/2017.
(lak) (Entered: 02/21/2017)

02/21/2017

105 Brief in Reply in Opposition to Bill of Costs by Plaintiff Elisa S. Gallo, M.D. re: 99 Bill of
Costs filed by Mayo Clinic Health System - Franciscan Medical Center, Inc., Michael White,
M.D. (Locke, Elizabeth) (Entered: 02/21/2017)

02/23/2017

106 ORDER denying 104 Motion to Alter or Amend Judgment. Signed by District Judge James D.
Peterson on 2/23/2017. (jls) (Entered: 02/23/2017)

03/21/2017

107 ORDER on Bill of Costs: Costs Taxed in favor of Defendants in the amount of $2,871.64.
Signed by Peter A. Oppeneer, Clerk of Court on 3/21/17. (jat) (Entered: 03/21/2017)

03/23/2017

108 NOTICE OF APPEAL by Plaintiff Elisa S. Gallo, M.D. as to 97 Order on Motion for Summary
Judgment, Order on Motion to Strike, Order on Motion to Enforce Settlement, Order on Motion
for Leave to File, 107 Order Taxing Costs, 98 Judgment, 92 Text Only Order, 106 Order on
Motion to Alter or Amend Judgment. Filing fee of $ 505, receipt number 0758-1995038 paid.
Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Locke, Elizabeth) Modified on 3/24/2017. (lak) (Entered:
03/23/2017)

03/23/2017

109 Motion to Stay re: 107 Order Taxing Costs by Plaintiff Elisa S. Gallo, M.D. Response due
3/30/2017. (Locke, Elizabeth) (Entered: 03/23/2017)

03/24/2017

110 Appeal Information Packet. (lak) (Entered: 03/24/2017)