Martin v. Petersen Health Operations, LLC

Illinois Central District Court
Judge:	Joe Billy Mcdade
Referred:	Jonathan E Hawley
Case #:	1:20-cv-01449
Nature of Suit	367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
Cause	42:247 Personal Injury-Swine Flu

Case Filed:	Dec 29, 2020
Re-opened:	Aug 22, 2022
Terminated:	Aug 24, 2022

Last checked: Sunday Jun 27, 2021 3:42 AM CDT

Defendant Petersen Health Operations, LLC	Represented By Joseph R Wetzel Livingston Barger Brandt & Schroeder contact info
Plaintiff Anita Martin	Represented By Megan M Shore Levin&perconti contact info Megan M Shore-Toca Levin & Perconti contact info

Docket last updated: 05/08/2025 11:59 PM CDT

Wednesday, August 24, 2022
41		41 misc Judgment Wed 08/24 11:41 AM JUDGMENT entered. (AH) Related: [-]
Monday, August 22, 2022
		order Order on Motion to Remand Order on Motion to Reopen Case Mon 08/22 10:51 AM TEXT ORDER entered by Judge Joe Billy McDade on 08/22/2022. Plaintiff's40 Motion to reinstate the Court's26 Order remanding this case to state court is granted in light of the Seventh Circuit's affirmance of that Order. This case is remanded to the Circuit Court of the Eleventh Judicial Circuit of Illinois, McLean County. The Clerk is directed to enter judgment to that effect, after which this case will be terminated. (DRS) Related: [-]
Monday, August 15, 2022
40		40 motion Remand Reopen Case Mon 08/15 10:17 AM MOTION to Remand , MOTION to Reopen Case by Plaintiff Anita Martin. Responses due by 8/29/2022 (Murphy, Julie) Related: [-]
Thursday, July 07, 2022
39		39 appeal USCA Mandate Thu 07/07 9:06 AM MANDATE of USCA as to27 Notice of Appeal filed by Petersen Health Operations, LLC. The judgment of the District Court is AFFIRMED, with costs.(AH) Related: [-]
		Att: 1 Certified Opinion,
		Att: 2 Certified Judgment
Thursday, May 12, 2022
		order Order on Motion for Leave to File Thu 05/12 10:46 AM TEXT ORDER finding as moot34 the Plaintiff's MOTION FOR LEAVE TO FILE HER FIRST AMENDED COMPLAINT TO ADD COMMON LAW SURVIVAL AND WRONGFUL DEATH ACT COUNTS AND TO ADD DEFENDANT and finding as moot36 the Plaintiff's AMENDED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. Because the Defendant filed a Notice of Appeal, this Court is divested of jurisdiction to consider the Plaintiff's Motions to amend. Entered by Magistrate Judge Jonathan E. Hawley on 5/12/2022. (KZ) Related: [-]
Wednesday, May 11, 2022
38		38 respm Response to Motion/Petition Wed 05/11 4:47 PM RESPONSE to Motion re34 MOTION for Leave to File First Amended Complaint filed by Defendant Petersen Health Operations, LLC. (Sprague, Charles) Related: [-]
37		37 misc Certificate Wed 05/11 4:13 PM CERTIFICATE OF SERVICE FOR ENTRY OF LIMITED SCOPE APPEARANCE . (Sprague, Charles) Related: [-]
36		36 motion Leave to File Document Wed 05/11 4:08 PM Amended MOTION for Leave to File First Amended Complaint by Plaintiff Anita Martin. Responses due by 5/25/2022(Murphy, Julie) Related: [-]
		Att: 1 Exhibit Proposed First Amended Complaint
35		35 notice Notice of Appearance of Attorney Wed 05/11 3:54 PM NOTICE of Appearance of Attorney by Charles Wallace Sprague, I on behalf of Petersen Health Operations, LLC (Sprague, Charles) Related: [-]
Friday, May 06, 2022
34		34 motion Leave to File Document Fri 05/06 11:15 AM MOTION for Leave to File First Amended Complaint by Plaintiff Anita Martin. Responses due by 5/11/2022(Murphy, Julie) Related: [-]
		Att: 1 Exhibit Proposed First Amended Complaint
Thursday, May 05, 2022
33		33 misc Certificate of Interest Thu 05/05 4:22 PM CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 of Attorney Julie A. Murphy by Anita Martin. (Murphy, Julie) Related: [-]
32		32 notice Notice of Appearance of Attorney Thu 05/05 10:11 AM NOTICE of Appearance of Attorney by Julie Ann Murphy on behalf of Anita Martin (Murphy, Julie) Related: [-]
31		31 notice Notice (Other) Thu 05/05 10:09 AM NOTICE of Withdrawal and Substitution of Counsel within the Same Firm pursuant to local Rule 83.17 (Murphy, Julie) Related: [-]
Tuesday, October 26, 2021
30		30 appeal USCA Notice of Docketing ROA Tue 10/26 10:42 AM NOTICE of Docketing Record on Appeal from USCA re27 Notice of Appeal filed by Petersen Health Operations, LLC. USCA Case Number 21-2959 (AH) Related: [-]
Monday, October 25, 2021
29		29 appeal Short Record of Appeal Sent to USCA Mon 10/25 12:58 PM Short Record of Appeal Sent to US Court of Appeals re27 Notice of Appeal. (AH) Related: [-]
Friday, October 22, 2021
28		28 appeal Docketing Statement Fri 10/22 2:01 PM DOCKETING STATEMENT by Petersen Health Operations, LLC re27 Notice of Appeal (Wetzel, Joseph) Related: [-]
27		27 appeal Notice of Appeal Fri 10/22 2:00 PM NOTICE OF APPEAL as to26 Order on Motion to Remand, by Petersen Health Operations, LLC. Filing fee $ 505, receipt number AILCDC-3788772. (Wetzel, Joseph) Related: [-]
Wednesday, September 22, 2021
26		26 28 pgs order Order on Motion to Remand Wed 09/22 2:14 PM ORDER AND OPINION granting16 Motion to Remand and21 Motion to Remand. This case is REMANDED to the Circuit Court of the Eleventh Judicial Circuit of Illinois McLean County. Entered by Judge Joe Billy McDade on 9/22/2021. (AH) Related: [-]
Monday, March 08, 2021
25		25 respm Reply to Response to Motion Mon 03/08 3:24 PM REPLY to Response to Motion re21 MOTION to Remand Sur-Reply filed by Plaintiff Anita Martin.(Shore, Megan) Related: [-]
		Att: 1 Exhibit Exhibit 1
Tuesday, March 02, 2021
		order Order on Motion for Extension of Time to File 1 - Terminate Deadlines and Hearings Tue 03/02 11:19 AM TEXT ORDER granting24 Joint Motion for Extension of Time to File Discovery Plan. Discovery plan ddl of 3/2/21 is VACATED and will be reset if the Rule 16 conference is reset after disposition of the pending motions. Entered by Magistrate Judge Jonathan E. Hawley on 3/2/21. (WG) Related: [-]
Monday, March 01, 2021
24		24 motion Extension of Time to File Document Mon 03/01 6:27 PM Joint MOTION for Extension of Time to File Discovery Plan by Defendant Petersen Health Operations, LLC. Responses due by 3/15/2021(Wetzel, Joseph) Related: [-]
		Att: 1 Order
Wednesday, February 24, 2021
23		23 misc Exhibit Wed 02/24 11:56 AM Exhibit by Anita Martin.(Shore, Megan) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit
22		22 28 pgs misc Memorandum Wed 02/24 11:52 AM MEMORANDUM by Anita Martin. (Shore, Megan) Related: [-]
21		21 motion Remand Wed 02/24 11:42 AM MOTION to Remand by Plaintiff Anita Martin. Responses due by 3/10/2021 (Shore, Megan) Related: [-]
Monday, February 22, 2021
20		20 motion Leave to File Document Mon 02/22 2:33 PM MOTION for Leave to File a Sur-Reply by Plaintiff Anita Martin. Responses due by 3/8/2021(Shore, Megan) Related: [-]
		Att: 1 Text of Proposed Order Proposed Order
		order Order on Motion for Leave to File Mon 02/22 3:04 PM TEXT ORDER granting20 Motion for Leave to File entered by Judge Joe Billy McDade on 2/22/2021. In light of the unopposed nature of the Motion and the circumstances stated therein, Plaintiff's Motion is granted. Plaintiff may file a Reply in support of her Motion to Remand, not to exceed 15 pages, on or before 3/8/2021. Plaintiff shall also re-file copies of her Amended Motion to Remand and Memorandum with the corrected name of the Court in the caption at her earliest convenience. (KRL) Related: [-]
Tuesday, February 16, 2021
19		19 17 pgs respm Memorandum in Opposition to Motion/Petition Tue 02/16 2:10 PM MEMORANDUM in Opposition re16 MOTION to Remand filed by Defendant Petersen Health Operations, LLC.(Wetzel, Joseph) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3
Tuesday, February 09, 2021
18		18 misc Certificate Tue 02/09 11:38 AM CERTIFICATE of Compliance . (Shore, Megan) Related: [-]
		order Order 1 - Terminate Deadlines and Hearings Tue 02/09 11:45 AM TEXT ORDER: Due to the pending16 MOTION to Remand and12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, the Rule 16 conference set on 3/5/2021 is VACATED. Rule 16 conference will be reset if necessary after the disposition of the motions. Entered by Magistrate Judge Jonathan E. Hawley on 2/9/21. (WG, ilcd) Related: [-]
Monday, February 08, 2021
17		17 27 pgs misc Memorandum Mon 02/08 4:19 PM MEMORANDUM by Anita Martin. (Shore, Megan) Related: [-]
16		16 motion Remand Mon 02/08 4:16 PM MOTION to Remand by Plaintiff Anita Martin. Responses due by 2/22/2021(Shore, Megan) Related: [-]
		Att: 1 Exhibit Exhibit A,
		Att: 2 Exhibit Exhibit B,
		Att: 3 Exhibit Exhibit C,
		Att: 4 Exhibit Exhibit D,
		Att: 5 Exhibit Exhibit E
Wednesday, February 03, 2021
15		15 motion File Excess Pages Wed 02/03 3:27 PM MOTION for Leave to File Excess Pages by Plaintiff Anita Martin. Responses due by 2/17/2021(Shore, Megan) Related: [-]
		Att: 1 Text of Proposed Order
		order Order on Motion for Leave to File Excess Pages Wed 02/03 5:35 PM TEXT ORDER granting in part and denying in part15 Motion for Leave to File Excess Pages entered by Judge Joe Billy McDade on 2/3/2021. In light of the unopposed nature of the motion and the circumstances stated therein, the Court grants the Motion for Leave to File Excess Pages insofar as Defendant may file a memorandum in support of its Motion to Dismiss not to exceed 20 pages, and Plaintiff may file a memorandum in support of its Motion to Remand not to exceed 32 pages. No expansion of the limit set by Local Rule 7.1(B)(4) is necessary for Defendant's Response to the Motion to Remand, which the parties agree is not to exceed 15 pages. The Court defers ruling on Plaintiff's proposed Reply not to exceed 15 pages; after Defendant files its Response to the Motion to Remand, the Court will entertain a separate Motion for Leave to File a Reply pursuant to Local Rule 7.1(B)(3) should Plaintiff still seek to file one. (KRL, ilcd) Related: [-]
Tuesday, February 02, 2021
14		14 motion Continue Tue 02/02 11:11 AM MOTION to Continue Defendant's Motion to Dismiss by Plaintiff Anita Martin. Responses due by 2/16/2021(Shore, Megan) Related: [-]
		Att: 1 Errata Exhibit 1,
		Att: 2 Text of Proposed Order
13		13 27 pgs misc Memorandum Tue 02/02 8:47 AM MEMORANDUM In Support re12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Petersen Health Operations, LLC.(Wetzel, Joseph) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J,
		Att: 11 Exhibit K,
		Att: 12 Exhibit L,
		Att: 13 Exhibit M
12		12 motion Dismiss for Failure to State a Claim Tue 02/02 8:42 AM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Petersen Health Operations, LLC. Responses due by 2/16/2021 (Wetzel, Joseph) Related: [-]
		order Order on Motion for Leave to File Excess Pages Order on Motion to Continue Tue 02/02 5:22 PM TEXT ORDER finding as moot11 Motion for Leave to File Excess Pages; granting14 Motion to Continue entered by Judge Joe Billy McDade on 2/2/2021. As the memorandum filed by Defendant (doc. 13) is in compliance with the word limit set by Local Rule 7.1(b)(4)(b), the Court finds Defendant's Motion for Leave to File Excess Pages moot. If this submission excludes information Defendant intended to include, Defendant may file a new motion specifying the length of the full document Defendant seeks to file. Additionally, the joint Motion to Continue (doc. 14) is granted; Plaintiff may file a response to Defendant's Rule 12 Motion (doc. 12) within 30 days of the Court's Order resolving a motion to remand. (KRL, ilcd) Related: [-]
Sunday, January 31, 2021
11		11 motion File Excess Pages Sun 01/31 12:07 PM MOTION for Leave to File Excess Pages by Defendant Petersen Health Operations, LLC. Responses due by 2/16/2021(Wetzel, Joseph) Related: [-]
		Att: 1 Text of Proposed Order Proposed Order
Wednesday, January 20, 2021
10		10 notice Notice of Appearance of Attorney Wed 01/20 2:16 PM NOTICE of Appearance of Attorney by Megan M Shore on behalf of Anita Martin (Shore, Megan) Related: [-]
9		9 1 pgs order Order on Motion for Extension of Time to File Wed 01/20 11:03 AM TEXT ORDER granting8 Motion for Extension of Time to File. Plaintiff's Motion for remand shall be filed by 2/8/21. Entered by Magistrate Judge Jonathan E. Hawley on 1/20/21. (WG, ilcd) Related: [-]
		order Order Wed 01/20 1:52 PM TEXT ORDER entered by Magistrate Judge Jonathan E. Hawley on 1/20/2021. : It appears Plaintiff's counsel inadvertently failed to sign her Appearance of Counsel7 . Plaintiff's counsel is directed to file a signed copy of that form.(JS, ilcd) Related: [-]
Tuesday, January 19, 2021
8		8 motion Extension of Time to File Document Tue 01/19 3:37 PM MOTION for Extension of Time to File a Motion to Remand by Plaintiff Anita Martin. Responses due by 2/2/2021(Shore, Megan) Related: [-]
		Att: 1 Proposed Order
7		7 notice Notice of Appearance of Attorney Tue 01/19 3:16 PM NOTICE of Appearance of Attorney by Megan M Shore on behalf of Anita Martin (Shore, Megan) Related: [-]
Friday, January 08, 2021
6		6 14 pgs order Order Setting Scheduling Conference (Rule 16) Fri 01/08 11:01 AM TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 3/5/2021 at 10:00 AM via telephone . Counsel are to phone into conference by calling 571-353-2300, then enter 287753270#. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 3/2/2021. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 1/8/2021. (WG, ilcd) Related: [-]
Saturday, January 02, 2021
5		5 1 pgs order Order on Motion for Extension of Time to Answer Sat 01/02 2:16 PM ORDER granting4 Motion for Extension of Time to Answer. Petersen Health Operations, LLC answer due 2/2/2021. Entered by Magistrate Judge Jonathan E. Hawley on 1/2/21. (WG, ilcd) Related: [-]
Wednesday, December 30, 2020
4		4 motion Extension of Time to File Answer Wed 12/30 3:01 PM MOTION for Extension of Time to File Answer re1 Notice of Removal, Attachment #1, Exhibit A - Complaint by Defendant Petersen Health Operations, LLC. Responses due by 1/13/2021(Wetzel, Joseph) Related: [-]
		Att: 1 Proposed Order
Tuesday, December 29, 2020
3		3 misc Certificate of Interest Tue 12/29 8:11 AM CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Petersen Health Operations, LLC, an Illinois Corporation, d/b/a Bloomington Rehabilitation & Health Care Center. (Wetzel, Joseph) Related: [-]
2		2 notice Notice of Appearance of Attorney Tue 12/29 8:10 AM NOTICE of Appearance of Attorney by Joseph R Wetzel on behalf of Petersen Health Operations, LLC, an Illinois Corporation, d/b/a Bloomington Rehabilitation & Health Care Center (Wetzel, Joseph) Related: [-]
1		1 cmp Attorney Notice of Removal Tue 12/29 8:07 AM NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0753-3554586), filed by Petersen Health Operations, LLC, an Illinois Corporation, d/b/a Bloomington Rehabilitation & Health Care Center.(Wetzel, Joseph) Modified on 12/29/2020 (JS, ilcd) Related: [-]
		Att: 1 State Court Complaint,
		Att: 2 State Court Return of Service
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Civil Cover Sheet

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