Myers et al v. Major Hospital d/b/a Aperion Care Arbors Michigan City et al
| Indiana Northern District Court | |
| Judge: | Scott J Frankel |
| Referred: | Michael G Gotsch, Sr |
| Case #: | 3:23-cv-00184 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 01, 2023 |
| Last checked: Monday Aug 28, 2023 6:45 AM EDT |
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Defendant
Aperion Care, Inc.
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Represented By
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Defendant
Major Hospital
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Represented By
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Defendant
The Arbors Operator LLC
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Represented By
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Plaintiff
Catherine Myers
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Represented By
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| Docket last updated: 05/26/2025 11:59 PM EDT |
| Monday, January 13, 2025 | ||
| 37 | 37
motion
Leave to File Document
Mon 01/13 11:24 PM
MOTION for Leave to File Reply After Deadline Due to Technical Difficulties by Plaintiff Catherine Myers.(Hadler, Ashley) |
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Att: 1
Exhibit Exhibit 1 - Declaration,
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Att: 2
Exhibit Exhibit 2 - Plaintiff's Reply ISO Motion,
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Att: 3
Exhibit Exhibit A - Insurance Agreement & Supporting Document,
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Att: 4
Exhibit Exhibit B - Plaintiff's Discovery Requests,
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Att: 5
Proposed Order
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| Friday, January 03, 2025 | ||
| 36 | 36
respm
Response to Motion
Fri 01/03 5:01 PM
RESPONSE to Motion re33 MOTION to Compel and Motion to Stay Case Management Deadlines Pending Compliance Opposition To Plaintiff's Motion filed by Aperion Care, Inc..(Alfini, David) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Exhibit Exhibit E,
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Att: 6
Exhibit Exhibit F,
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Att: 7
Exhibit Proposed Order
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| Friday, December 20, 2024 | ||
| 35 | 35
misc
Certificate
Fri 12/20 4:26 PM
CERTIFICATE of Compliance with Rule 37 Conference Requirement . (Hadler, Ashley) |
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| 34 | 34
respm
Brief in Support
Fri 12/20 4:25 PM
BRIEF in Support of33 MOTION to Compel and Motion to Stay Case Management Deadlines Pending Compliance filed by Catherine Myers. (Hadler, Ashley) |
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| 33 | 33
motion
Compel
Fri 12/20 4:23 PM
MOTION to Compel and Motion to Stay Case Management Deadlines Pending Compliance by Plaintiff Catherine Myers.(Hadler, Ashley) |
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Att: 1
Exhibit Exhibit A - February 23, 2024 email,
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Att: 2
Exhibit Exhibit B - March 5, 2024 email,
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Att: 3
Exhibit Exhibit C - April 10, 2024 email,
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Att: 4
Exhibit Exhibit D - December 19, 2024 email,
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Att: 5
Proposed Order
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| Wednesday, October 09, 2024 | ||
| 32 | 32
4
pgs
order
Order on Motion to Amend/Correct
Thu 10/10 11:18 AM
ORDER GRANTING31 Motion to Amend Scheduling Order. Deadlines are extended as follows: The deadline for the parties to complete fact discovery is November 22, 2024; The deadline for the parties to complete all discovery is April 4, 2025; The deadline for Plaintiff to serve reports from retained experts under Rule 26(a)(2) is December 20, 2024; The deadline for Defendants to serve reports from retained experts under Rule 26(a)(2) is January 24, 2025; The deadline for the parties to engage in mediation is April 18, 2025; The deadline to file any nondispositive discovery-related motion is March 7, 2025. The deadline to file any dispositive motion is May 5, 2025. The parties initial disclosures were due February 1, 2024, over eight months ago. Though Plaintiff did not specifically request an order compelling Defendants to provide this information, in the interest of a just, speedy, and inexpensive resolution of this matter, Defendants are ORDERED to provide this information instanter, but no later than October 23, 2024. Failure to do so may result in sanctions, including the exclusion of any such information from trial. The Court ADMONISHES Defendants to comply fully with all the applicable rules governing this case. Signed by Magistrate Judge Scott J Frankel on 10/9/24. (mlc) |
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| Thursday, August 22, 2024 | ||
| 31 | 31
motion
Amend/Correct
Thu 08/22 5:35 PM
MOTION to Amend/Correct18 Scheduling Order,,,,, Add and Terminate Parties,,,, by Plaintiff Catherine Myers.(Hadler, Ashley) |
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Att: 1
Proposed Order
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| Friday, August 16, 2024 | ||
| 30 | 30
3
pgs
order
Order Reassigning Case
Fri 08/16 2:30 PM
ORDER REGARDING CONTINUED EXERCISE OF JURISDICTION BY UNITED STATES MAGISTRATE JUDGE. The case will remain on full consent with Magistrate Judge Frankel unless you object to such reassignment within twenty-one (21) days from the date of this notice by notifying the clerk's office in writing. To maintain the confidentiality of the consent process, do NOT notify chambers or file any objection on the docket. Signed by Magistrate Judge Scott J Frankel on 8/16/2024. (sej) |
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| Wednesday, June 26, 2024 | ||
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utility
Terminate Deadlines/Hearings
Wed 06/26 2:33 PM
***Corporate Disclosure Deadline terminated. (mlc) |
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| Monday, June 24, 2024 | ||
| 29 | 29
misc
Corporate Disclosure Statement
Mon 06/24 12:47 PM
Corporate Disclosure Statement by Aperion Care, Inc., Major Hospital, The Arbors Operator LLC. (Alfini, David) |
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| Tuesday, June 18, 2024 | ||
| 28 | 28
1
pgs
order
Order on Motion for Disclosure
Thu 06/20 11:46 AM
ORDER granting27 MOTION for Disclosure to Restrict and Redact Supplemental Disclosure Statement. The Clerk is DIRECTED to restrict Defendants sealed supplemental corporate disclosure statement [DE 26]. Defendants may file their redacted supplemental disclosure statement [DE 27-1] by 6/24/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/18/2024. (eeb) |
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| Friday, May 31, 2024 | ||
| 27 | 27
motion
Disclosure
Fri 05/31 4:37 PM
MOTION for Disclosure to Restrict and Redact Supplemental Disclosure Statement by Defendants Aperion Care, Inc., Major Hospital, The Arbors Operator LLC.(Alfini, David) |
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Att: 1
Exhibit A - Third Supplemental Disclosure
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| Friday, March 29, 2024 | ||
| 26 | 26
misc
Sealed Document
Fri 03/29 3:29 PM
Sealed Document re25 Order on Motion for Leave to File,. (Alfini, David) |
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| Friday, March 22, 2024 | ||
| 25 | 25
1
pgs
order
Order on Motion for Leave to File
Mon 03/25 12:50 PM
ORDER granting24 Motion for Leave to File to File Disclosure of Corporate Interests Under Seal. Defendants may file their supplemental corporate disclosure statement under seal no later than 3/29/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/22/24. (nhc) |
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| Thursday, March 21, 2024 | ||
| 24 | 24
motion
Leave to File Document
Thu 03/21 4:11 PM
MOTION for Leave to File Disclosure of Corporate Interests Under Seal by Defendants Aperion Care, Inc., Major Hospital, The Arbors Operator LLC. (Alfini, David) |
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| Monday, March 11, 2024 | ||
| 23 | 23
2
pgs
order
Order ~Util - Set Deadlines
Mon 03/11 10:59 AM
ORDER: Defendants are ORDERED to file another corporate disclosure supplement by 3/20/2024, identifying the underlying membership, partnership, or trusteeship of the members of The Arbors Operator, LLC.1 Assuming Defendants timely file a compliant corporate disclosure supplement as ordered, no further Court action including notice of compliance will be taken. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/11/2024. (mrm) |
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| Monday, March 04, 2024 | ||
| 22 | 22
misc
Corporate Disclosure Statement
Mon 03/04 4:49 PM
Corporate Disclosure Statement by Aperion Care, Inc., Major Hospital, The Arbors Operator LLC identifying Corporate Parent Aperion Care Arbors Michigan City for Aperion Care, Inc., Major Hospital, The Arbors Operator LLC.. (Alfini, David) |
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| Monday, February 26, 2024 | ||
| 21 | 21
2
pgs
order
Order ~Util - Set Deadlines
Mon 02/26 1:49 PM
ORDER: Defendants are ORDERED to supplement their Corporate Disclosure Statement by 3/4/2024 to fully comply with the requirements of FRCP 7.1 and General Order 2023-06. Assuming Defendants timely file a fully compliant corporate disclosure statement as ordered, no further Court action -- including notice of compliance -- will be taken. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/26/24. (jld) |
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| Friday, February 23, 2024 | ||
| 20 | 20
misc
Corporate Disclosure Statement
Fri 02/23 2:23 PM
Corporate Disclosure Statement by Aperion Care, Inc., Major Hospital, The Arbors Operator LLC. (Alfini, David) |
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| Tuesday, February 06, 2024 | ||
| 19 | 19
notice
Notice of Full Consent to Magistrate Judge - Standard
Tue 02/06 9:24 AM
NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: Pursuant to DE16 , the parties having consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Michael G Gotsch, Sr for all purposes and is reassigned pursuant to the most recent General Order regarding civil case assignment from Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr to Magistrate Judge Michael G Gotsch, Sr. (kmt) |
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| Tuesday, January 30, 2024 | ||
| 18 | 18
order
Scheduling Order ~Util - Add and Terminate Parties
Wed 01/31 12:25 PM
SCHEDULING ORDER AND MEMORANDUM OF STATUS CONFERENCE: The Court now enters the instant Rule 16(b) Scheduling Order regarding the conduct of discovery and deadlines as follows: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 2/1/2024. The last date to amend the pleadings without leave of court as to plaintiff is 4/29/20241; as to defendant(s) is 5/29/2024. The serving of reports from retained experts under Rule 26(a)(2) are due from plaintiff by 8/23/2024; and from defendant(s) by 9/26/2024.Supplementation under Rule 26(e) is due every six weeks until trial.The last date for the completion of ALL DISCOVERY, including expert discovery, is 12/5/2024. The deadline to file any discovery-related nondispositive motion is 11/7/2024. Parties have agreed upon Samuel Ardery as mediator. Should Mr. Ardery be unavailable, the parties have agreed upon Neil Bemenderfer as an alternate mediator. The deadline for the parties to engage in mediation is 12/20/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/30/2024. (mrm) |
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| 17 | 17
2
pgs
order
Order ~Util - Set Deadlines
Wed 01/31 11:41 AM
ORDER: Defendants are ORDERED to each file a fully compliant corporate disclosure statement on or before 2/29/2024. Assuming Defendants timely file their corporate disclosure statements as ordered, no further Court actionincluding notice of compliancewill be taken. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/30/2024. (mrm) |
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| Monday, January 22, 2024 | ||
| 16 | 16
misc
Report of Rule 26f Planning Meeting
Mon 01/22 5:02 PM
REPORT of Rule 26(f) Planning Meeting. (Hadler, Ashley) |
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| Tuesday, November 28, 2023 | ||
| 15 | 15
misc
Mag Consent Forms Sent - Standard with pptc - form will be generated
Tue 11/28 12:35 PM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm) |
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| 14 | 14
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 11/28 12:34 PM
ORDER, Joint Proposed Discovery due by 1/22/2024. Rule 16 Preliminary Pretrial Conference set for 1/30/2024 12:00 PM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/28/23. (slm) |
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| Thursday, November 02, 2023 | ||
| 13 | 13
answer
Answer to Complaint
Thu 11/02 10:38 AM
ANSWER to1 Complaint by Aperion Care, Inc., Major Hospital, The Arbors Operator LLC.(Alfini, David) |
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| Tuesday, October 31, 2023 | ||
| 12 | 12
order
Order on Motion for Leave to File
Tue 10/31 9:48 AM
ORDER granting11 Motion for Leave to File Answer. Defendants may separately file their answer, as filed [11-1], instanter but no later than 11/3/23. Approved by Magistrate Judge Michael G Gotsch, Sr on 10/31/23. (slm) |
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| Monday, October 30, 2023 | ||
| 11 | 11
motion
Leave to File Document
Mon 10/30 10:52 AM
MOTION for Leave to File MOTION FOR ENLARGEMENT OF TIME TO ANSWER PLAINTIFFS COMPLAINT AND LEAVE TO FILE DEFENDANTS ANSWER, INSTANTER by Defendants Aperion Care, Inc., Major Hospital, The Arbors Operator LLC.(Alfini, David) |
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Att: 1
Exhibit A-Answer
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| Wednesday, September 06, 2023 | ||
| 10 | 10
1
pgs
order
Order Reassigning Case
Wed 09/06 7:02 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Judge Robert L Miller, Jr no longer assigned to case. Signed by Chief Judge Holly A Brady on 9/6/23. (ksc) |
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| Wednesday, April 26, 2023 | ||
| 9 | 9
2
pgs
notice
Notice of Appearance
Wed 04/26 5:51 PM
NOTICE of Appearance by David Alfini on behalf of Aperion Care, Inc., The Arbors Operator LLC (Alfini, David) |
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| Tuesday, March 28, 2023 | ||
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utility
Set/Reset Deadlines
Tue 03/28 5:05 PM
Set/Reset Deadlines per8 Answer due 4/24/2023. (nhc) |
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| Monday, March 27, 2023 | ||
| 8 | 8
3
pgs
notice
Agreed Notice to Extend Time to File Answer
Mon 03/27 4:00 PM
AGREED NOTICE to extend time to file answer filed by Aperion Care, Inc., Major Hospital, The Arbors Operator LLC ; answer due by 4/24/2023. (Devine, Patrick) |
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| 7 | 7
notice
Notice of Appearance
Mon 03/27 3:59 PM
NOTICE of Appearance by Patrick P Devine on behalf of Aperion Care, Inc., Major Hospital, The Arbors Operator LLC (Devine, Patrick) |
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| Friday, March 10, 2023 | ||
| 6 | 6
service
Affidavit of Service
Fri 03/10 12:45 PM
AFFIDAVIT of Service for Summons in a Civil Action served on Aperion Care, Inc. on 3/6/2023, filed by Catherine Myers. (Hadler, Ashley) |
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service
Affidavit of Service
Fri 03/10 12:44 PM
AFFIDAVIT of Service for Summons in a Civil Action served on The Arbors Operator, LLC on 3/6/2023, filed by Catherine Myers. (Hadler, Ashley) |
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service
Affidavit of Service
Fri 03/10 12:40 PM
AFFIDAVIT of Service for Summons in a Civil Action served on Major Hospital d/b/a Aperion Care Arbors Michigan City on 03/06/2023, filed by Catherine Myers. (Hadler, Ashley) |
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| Thursday, March 02, 2023 | ||
| 3 | 3
service
Summons Issued
Thu 03/02 11:06 AM
Summons Issued as to Aperion Care, Inc., Major Hospital, The Arbors Operator LLC. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nae) |
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utility
Add and Terminate Judges
Thu 03/02 11:05 AM
**NEW CASE** Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (nae) |
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| Wednesday, March 01, 2023 | ||
| 2 | 2
notice
Notice of Appearance
Wed 03/01 9:04 PM
NOTICE of Appearance by Ashley N Hadler on behalf of All Plaintiffs (Hadler, Ashley) |
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| 1 | 1
cmp
Complaint
Wed 03/01 9:02 PM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AINNDC-5175697.), filed by Catherine Myers, James Childers.(Hadler, Ashley) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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