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GPO
May 29 2020
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff's Motion to Strike (Doc. 52), is DENIED. IT IS FURTHER ORDERED that Defendants' Motions to Dismiss (Docs. 41, 43), are GRANTED in part and DENIED in part: Count I is dismissed without prejudice as to the Lab-Residency Contract, as to all claims arising under the Memorandum of Agreement as against WashU and as against all other defendants except regarding false evaluations and access to records, and as to the alleged obligation under the Separation Agreement to assist Plaintiff in his transfer; Counts II and III are dismissed without prejudice; Count IV is dismissed without prejudice as to all statements except those made to other residency programs stating that Plaintiff had failed rotations and that his records could not be released without their attorney's permission; and Count VIII is consequently limited to the extent the underlying claims survive dismissal. The motion is DENIED in all other respects. A Rule 16 Scheduling Conference will be set by separate order. Signed by District Judge John A. Ross on 5/29/2020. (CLO)
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GPO
Jan 05 2022
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Washington University Defendants' Motion for Leave to Amend Their Answer and Affirmative Defenses to Plaintiffs' Second Amended Complaint 105 and Defendants Barnes-Jewish Hospital's and BJC Healthcare's Motion for Leave to Amend Their Respective Answers and Affirmative Defenses to Plaintiffs' Second Amended Complaint 106 are GRANTED. The Clerk of Court shall detach and docket the First Amended Answer of Washington University Defendants to Plaintiffs' Second Amended Complaint and Counterclaim, submitted as Exhibit A to their motion for leave (Doc. No. 105-1), Barnes-Jewish Hospital's First Amended Answer & Affirmative Defenses to Plaintiffs' Second Amended Complaint, submitted as Exhibit A to their motion for leave (Doc. No. 106-1), and BJC Healthcare's First Amended Answer & Affirmative Defenses to Plaintiffs' Second Amended Complaint, submitted as Exhibit B to their motion for leave (Doc. No. 106-2). Signed by District Judge John A. Ross on 1/5/2022. (CBL)
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GPO
Mar 22 2022
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to compel 108 is GRANTED in part and DENIED in part in accordance with the rulings herein. IT IS FURTHER ORDERED that within fourteen (14) days of the date of this Order, Plaintiffs shall submit the names of three (3) additional individuals to the Hospital Defendants and twenty (20) additional individuals to the University Defendants that he believes are most likely to have information relevant to any claim in this case as well as three search terms related to his name. Upon receipt of Plaintiff's submissions, Defendants shall conduct a search of the email accounts of those 23 individuals and supplement their discovery responses, and provide a privilege log where appropriate, within fourteen (14) days thereafter. With regard to the non-email related categories of documents requested by Weisman, Defendants shall affirm that they have searched all documents in their possession, custody, or control and produced all information and documents available to them that are responsive to his discovery demands. Signed by District Judge John A. Ross on 3/22/22. (JAB)
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GPO
Mar 22 2022
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Jeffery Weisman's Motion to Strike Certain Affirmative Defenses Pursuant to Fed. R. Civ. P. 12(f) 135 is GRANTED in part. The University Defendants' 11th affirmative defense and the Hospital Defendants' 10th affirmative defense as it relates to Weisman's breach of contract claim is STRICKEN. In all other respects the motion is DENIED. Signed by District Judge John A. Ross on 3/22/22. (JAB)
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GPO
Sep 08 2022
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Expedited Motion for Protective Order to Prevent Deposition Inquiries on Certain Topics, and to Shorten the Length of Deposition Time for Defendant BJH 181 is GRANTED in part and DENIED in part in accordance with the rulings herein. Signed by District Judge John A. Ross on 9/8/2022. (LNJ)
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GPO
Oct 12 2022
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Sanctions 169 is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion to Compel Discovery and Motion for Contempt 171 is GRANTED in part and DENIED in part as moot. IT IS FURTHER ORDERED that Defendant Washington University's Motion to Seal 175 is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion for Additional Depositions Beyond the Presumptive Number 194 is DENIED without prejudice. Signed by District Judge John A. Ross on 10/12/22. (JAB)
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GPO
Dec 07 2022
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Washington University's Motion for Sanctions 204 is GRANTED in part in accordance with the rulings herein. Signed by District Judge John A. Ross on 12/7/2022. (KXS)
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GPO
Dec 19 2022
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff shall have ten (10) days from the date of this Order to comply with the Courts November 10, 2022 Order by identifying by Bates label which of the documents previously produced correspond to the Hospital Defendants' requests for production on the five topics selected by Defendants. IT IS FURTHER ORDERED that Defendants' Motion for Telephone Conference 224 is DENIED as moot. Signed by District Judge John A. Ross on 12/19/22. (JAB)
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GPO
Jan 11 2023
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Washington University Defendants' Motion for Contempt and to Strike the Designation of Expert Witness Dr. Alan Kaye and, in the Alternative, Motion to Compel (ECF No. 227) is DENIED, in part, and GRANTED, in part. The Court denies Washington University Defendants' request to strike Dr. Kaye's expert disclosure. The Court grants Washington University Defendants' request to compel Dr. Kaye to produce documents he relied upon in his report no later than January 18, 2023. IT IS FURTHER ORDERED that Plaintiffs' Renewed Motion for Additional Depositions (ECF No. 232) is DENIED. Signed by District Judge John A. Ross on 1/11/23. (JAB)
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GPO
Jan 19 2023
man. SEE ORDER FOR DETAILS. Signed by District Judge John A. Ross on 1/19/2023. (CLT)MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Barnes-Jewish Hospital's and BJC HealthCare's Second Motion to Compel (ECF No. 237) is DENIED, in part, and GRANTED, in part. Within ten (10) days, Plaintiffs must produce documents demonstrating that Dr. Weisman has/had an ownership interest, as testified by him. Further, Plaintiffs must provide documents, such as a profit and loss statements, to demonstrate the value of Dr. Weisman's ownership interest in Marek Weis
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GPO
Jan 23 2023
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Certain Discovery (ECF No. 244) and Plaintiff's Request for a Telephonic Conference (ECF No. 246), which the Court construes as a Motion to Compel Designation of Rule 30(b)(6) Designee, are DENIED, in part, and GRANTED, in part. WU Defendants and Washington University shall supplement their responses, as discussed herein, no later than February 3, 2023. Signed by District Judge John A. Ross on 1/23/2023. (LNJ)
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GPO
Aug 04 2023
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Washington University Defendants' Motion for Summary Judgment (ECF No. 266) and Defendants Barnes-Jewish Hospital's and BJC Healthcare's Motion for Summary Judgment (ECF No. 276) are GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment on the Counterclaim Asserted by Barnes Jewish Hospital (ECF No. 258) is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Expert Testimony of Dr. Scott Gilbert (ECF No. 271), Defendants' Motion to Exclude Expert Testimony of Dr. Chester Wilson (ECF No. 273), and Defendants' Motion to Exclude Testimony of Plaintiff's Proposed Expert Alan Kaye (ECF No. 279) are DENIED as moot. IT IS FINALLY ORDERED that the Court will hold a telephone status conference with the parties on August 22, 2023 at 11:00 a.m. SEE ORDER FOR DETAILS. (Status Conference set for 8/22/2023 11:00 AM in Telephone Conference in Chambers before District Judge John A. Ross.) Signed by District Judge John A. Ross on 8/4/2023. (CLT) (Main Document 318 replaced on 8/7/2023 per chambers due to typo) (LNJ).
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GPO
Mar 25 2024
)MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Motion of Counterclaim Defendant, Jeffrey Weisman, to Dismiss Counterclaims for Lack of Subject-Matter Jurisdiction Due to Mootness, Doc. 332, is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion to Reconsider the Denial of Plaintiff's Motion for Summary Judgment on the Barnes Jewish Hospital Counterclaim, Doc. 325, is DENIED. IT IS FURTHER ORDERED that the Motion for Bill of Costs filed by Defendants Benzinger, Cox, Evers, and WU, Doc. 329, is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Motion for Bill of Costs filed by Defendants BJH and BJC, Doc. 330, is GRANTED in part and DENIED in part. IT IS FINALLY ORDERED the Clerk of Court shall tax costs in the amount of $22,158 against Plaintiffs with respect to Doc. 329 and $26,315.50 against Plaintiffs with respect to Doc. 330. (see full memo & order for details.) Signed by District Judge Sarah E. Pitlyk on 03/25/2024. (KRZ
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