Texas Eastern District Court
Judge:Michael J Truncale
Referred: Zack Hawthorn
Case #: 1:21-cv-00195
Nature of Suit362 Torts - Personal Injury - Medical Malpractice
Cause28:1402 Medical Malpractice
Case Filed:Apr 23, 2021
Terminated:Sep 17, 2021
Last checked: Wednesday Oct 20, 2021 3:49 AM CDT
Defendant
Beaumont Baptist Behavioral Health Center
Represented By
Curry Lynn Cooksey
Cooksey Marcin & Huston, PLLC
contact info
Defendant
Michael Gillespie
Represented By
Daymon Jeffrey Rambin
Fairchild Price Haley & Smith Llp - Nacogdoches
contact info
Plaintiff
Matthew Hollice Gilbert
1025 Meadows Lane
Dayton, TX 77535

GPO Sep 17 2021
ORDER adopting 16 Report and Recommendation and granting 8 and 15 Motions to Dismiss. Signed by District Judge Michael J. Truncale on 9/17/21. (tkd, )

Docket last updated: 05/16/2025 11:59 PM CDT
Friday, September 17, 2021
20 20 order Judgment Mon 09/20 10:16 AM
FINAL JUDGMENT that pltf take nothing, and this lawsuit is dismissed. All motions not previously ruled on are denied. Each party will bear its own costs of court, and all pending motions are denied as moot. Signed by District Judge Michael J. Truncale on 9/17/21. (tkd, )
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19 19 2 pgs order Order Adopting Report and Recommendations Mon 09/20 10:12 AM
ORDER adopting16 Report and Recommendation and granting8 and15 Motions to Dismiss. Signed by District Judge Michael J. Truncale on 9/17/21. (tkd, )
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Friday, September 03, 2021
18 18 motion Miscellaneous Relief Hearing Fri 09/03 4:53 PM
MOTION to Retain Case on Docket and MOTION for Hearing (Notice of Hearing Construed as a Motion for Hearing), by Matthew Hollice Gilbert. (kcv, )
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Wednesday, September 01, 2021
17 17 service Acknowledgment of Receipt Thu 09/02 12:05 PM
Certified Mail GREEN CARD showing receipt of16 Report and Recommendation by Matthew Hollice Gilbert on 8/27/21. (tkd, )
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Wednesday, August 25, 2021
16 16 misc Report and Recommendations Wed 08/25 10:40 AM
REPORT AND RECOMMENDATION that this action should be dismissed pursuant to FRCP 12(b)(1) and 12(b)(6). Signed by Magistrate Judge Zack Hawthorn on 8/25/21. (tkd, )Mailed CM/RRR 7018 3090 0000 2599 9787. Modified on 8/25/2021 (bmf, )
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Thursday, August 19, 2021
15 15 motion Dismiss Thu 08/19 1:07 PM
MOTION to Dismiss Purported § 1983 Claims by Michael Gillespie.(Rambin, Daymon)
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Att: 1 Text of Proposed Order
Monday, August 16, 2021
14 14 respoth Affidavit in Support Mon 08/16 4:50 PM
SECOND SUPPLEMENTAL Complaint by Matthew Hollice Gilbert. (kcv, )
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13 13 motion Leave to File Document Mon 08/16 4:48 PM
MOTION for Supplemental Pleadings by Matthew Hollice Gilbert. (kcv, )
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Wednesday, July 07, 2021
12 12 respm Reply to Response to Motion Wed 07/07 9:03 AM
REPLY to Response to Motion re8 Joint MOTION to Dismiss for Lack of Jurisdiction by All Defendants, submitted in reply to Dkt. 9, 10 & 11 filed by Michael Gillespie . (Rambin, Daymon)
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Tuesday, July 06, 2021
11 11 motion Miscellaneous Relief Wed 07/07 8:39 AM
MOTION for Substitution by Matthew Hollice Gilbert. (tkd, )
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Friday, July 02, 2021
10 10 respoth Affidavit in Support Tue 07/06 10:39 AM
MEMORANDUM of Law on Admissibility of Tapes and Transcripts re1 Complaint by Matthew Hollice Gilbert. (Clerk's note: Access to transcripts is limited to case participants as these may constitute medical records. 4 discs were included with this filing and are located in the Clerk's Office) (tkd, ) Modified on 7/6/2021 (tkd, )
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Att: 1 Dr Antoine 2021-01-15-1 Recorded Transcript,
Att: 2 Larry Moncrief Recorded 2020-11-16-40-40 Transcription,
Att: 3 Larry Moncrief 2020-11-25-16-47-24 Recording,
Att: 4 Dr Lizeth 20-12-21-16-12-51 Recorded Transcription
9 9 respoth Affidavit in Support Tue 07/06 10:23 AM
MEMORANDUM of Points and Authorities in Support of1 Complaint by Matthew Hollice Gilbert.(tkd, )
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Att: 1 Sealed Medical Records
Thursday, June 17, 2021
8 8 motion Dismiss/Lack of Jurisdiction Thu 06/17 4:13 PM
Joint MOTION to Dismiss for Lack of Jurisdiction by All Defendants, submitted by Michael Gillespie.(Rambin, Daymon)
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Att: 1 Text of Proposed Order
Wednesday, June 16, 2021
7 7 2 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Wed 06/16 2:54 PM
ORDER denying as moot without prejudice3 and4 Motion to Dismiss. Signed by Magistrate Judge Zack Hawthorn on 6/16/21. (tkd, )
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Friday, June 11, 2021
6 6 respoth Affidavit in Support Fri 06/11 3:54 PM
FIRST SUPPLEMENTAL Complaint by Matthew Hollice Gilbert. (bjc, )
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Thursday, May 27, 2021
5 5 misc Additional Attachments to Main Document Thu 05/27 4:59 PM
Additional Attachments to Main Document:4 MOTION to Dismiss for Lack of Jurisdiction .. (Cooksey, Curry)
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4 4 motion Dismiss/Lack of Jurisdiction Thu 05/27 12:26 PM
MOTION to Dismiss for Lack of Jurisdiction by Beaumont Baptist Behavioral Health Center. (Cooksey, Curry)
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Tuesday, May 25, 2021
3 3 motion Dismiss/Lack of Jurisdiction Tue 05/25 4:11 PM
MOTION to Dismiss for Lack of Jurisdiction Fed.R.Civ.P.12(b)(1) by Michael Gillespie.(Rambin, Daymon)
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Att: 1 Text of Proposed Order Proposed Final Order
Tuesday, May 04, 2021
2 2 service Summons Issued Tue 05/04 2:47 PM
SUMMONSES issued as to Beaumont Baptist Behavioral Health Center, Michael Gillespie and given to plaintiff for service. (tkd, )
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Monday, April 26, 2021
utility Case Referred to Magistrate Judge Mon 04/26 2:23 PM
CASE REFERRED to Magistrate Judge Zack Hawthorn pursuant to a Standing Order (tkd, )
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Friday, April 23, 2021
1 1 cmp Complaint Mon 04/26 2:16 PM
COMPLAINT against Beaumont Baptist Behavioral Health Center, Michael Gillespie, filed by Matthew Hollice Gilbert.(tkd, )
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Att: 1 Exhibits,
Att: 2 Sealed Exhibits (Personal Identifiers)
misc Filing Fee Received Mon 04/26 2:19 PM
Filing fee: $ 402.00, receipt number TXE100021048 (tkd, )
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