Zuspan v. Holzer Health System et al
| Ohio Southern District Court | |
| Judge: | Michael H Watson |
| Referred: | Kimberly A Jolson |
| Case #: | 2:24-cv-04001 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1332 Diversity-Medical Malpractice |
| Case Filed: | Oct 01, 2024 |
| Last checked: Sunday Mar 30, 2025 6:05 AM EDT |
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Defendant
M.D. Lyndon B. Gaines
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Represented By
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Defendant
Holzer Clinic, LLC
100 Jackson Pike
Gallipolis, OH 45631 |
Represented By
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Defendant
Holzer Health System
100 Jackson Pike
Gallipolis, OH 45631 |
Represented By
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Defendant
Holzer Hospital Foundation
100 Jackson Pike
Gallipolis, OH 45631 |
Represented By
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Defendant
Holzer Medical Center Physician Services, LLC
100 Jackson Pike
Gallipolis, OH 45631 |
Represented By
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Plaintiff
Kimberly Zuspan
2912 Spruce Ave.
Point Pleasant, WV 25550 |
Represented By
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| Docket last updated: 2 hours ago |
| Thursday, May 01, 2025 | ||
| 44 | 44
misc
Corporate Disclosure Statement
Thu 05/01 3:17 PM
Corporate Disclosure Statement by Defendant Holzer Hospital Foundation. (Welch, John) |
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| 43 | 43
misc
Corporate Disclosure Statement
Thu 05/01 3:15 PM
Corporate Disclosure Statement by Defendants Holzer Health System, Holzer Health System identifying Corporate Parent Holzer Health System for Holzer Health System.. (Welch, John) |
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| 42 | 42
misc
Diversity Disclosure Statement - 7.1(a)(2)
Thu 05/01 3:10 PM
Rule 7.1(a)(2) Disclosure Statement by Defendant Holzer Medical Center Physician Services, LLC. (Welch, John) |
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| Monday, April 28, 2025 | ||
| 41 | 41
2
pgs
order
Order on Motion for Extension of Time
Mon 04/28 2:46 PM
ORDER: The Court GRANTS the parties' proposed deadlines (Doc.40 ) and the case schedule is modified as follows: Motions to Amend due by 7/12/2025; Primary Experts due by 9/1/2025; Rebuttal Experts due by 10/1/2025; Settlement Demand due by 11/1/2025; Discovery due by 1/1/2026; Dispositive Motions due by 2/1/2026. The Court expects no further extensions . Signed by Magistrate Judge Kimberly A. Jolson on 4/28/2025. (kk2) |
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| Friday, April 25, 2025 | ||
| 40 | 40
misc
Status Report
Fri 04/25 5:06 PM
STATUS REPORT JOINT by Plaintiff Kimberly Zuspan. (Mundy, William) |
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| Thursday, April 24, 2025 | ||
| 39 | 39
2
pgs
order
Order
Thu 04/24 1:14 PM
SECOND DEFICIENCY ORDER: The parties have submitted only their citizenship disclosures. Upon review, Defendant Holzer Medical Center Physician Services LLC's citizenship disclosure is not complaint (Doc.38 at 2). Therefore, Defendant is ORDERED to file a revised citizenship disclosure statement on or before May 1, 2025 . As a reminder, the corporate Defendants must also file their corporate disclosures on or before May 1 . A sample of this form can be found on the Court's website. Deficiency Deadline due by 5/1/2025. Signed by Magistrate Judge Kimberly A. Jolson on 4/24/2025. (kk2) |
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| Wednesday, April 23, 2025 | ||
| 38 | 38
misc
Diversity Disclosure Statement - 7.1(a)(2)
Wed 04/23 12:58 PM
Rule 7.1(a)(2) Disclosure Statement by Defendants Holzer Clinic, LLC, Holzer Health System, Holzer Hospital Foundation, Holzer Medical Center Physician Services, LLC. (Welch, John) |
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| 37 | 37
misc
Diversity Disclosure Statement - 7.1(a)(2)
Wed 04/23 12:56 PM
Rule 7.1(a)(2) Disclosure Statement by Defendant Lyndon B. Gaines. (Welch, John) |
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| Tuesday, April 22, 2025 | ||
| 36 | 36
3
pgs
order
Order
Tue 04/22 3:35 PM
ORDER: The Court VACATES the status conference scheduled for 4/24/2025. The parties are ORDERED to confer, either by telephone or by video conference, on appropriate dates for the four depositions. The parties are ORDERED to file a joint status report on or before April 25, 2025, informing the Court of the agreed-upon deposition dates and proposed deadlines. Signed by Magistrate Judge Kimberly A. Jolson on 4/22/2025. (er) |
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| 35 | 35
misc
Diversity Disclosure Statement - 7.1(a)(2)
Tue 04/22 11:49 AM
Rule 7.1(a)(2) Disclosure Statement by Plaintiff Kimberly Zuspan. (Mundy, William) |
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| Monday, April 21, 2025 | ||
| 34 | 34
misc
Status Report
Mon 04/21 5:12 PM
STATUS REPORT JOINT by Plaintiff Kimberly Zuspan. (Mundy, William) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Thursday, April 17, 2025 | ||
| 33 | 33
2
pgs
order
Order
Thu 04/17 5:28 PM
DEFICIENCY ORDER issued in that the parties are ORDERED to file their Rule 7.1 disclosures within fourteen (14) days of the date of this Order. As noted, in their citizenship disclosures, the LLC Defendants must provide the names and citizenship of all their members and sub-members. Signed by Magistrate Judge Kimberly A. Jolson on 4/17/25. (sem) |
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| 32 | 32
order
Order ~Util - Set Deadlines/Hearings
Thu 04/17 9:28 AM
NOTATION ORDER - This matter is before the Court on a discovery dispute. The parties are ORDERED to meet and confer and submit a joint status report by 4/21/2025. A Status Conference will be held on 4/24/2025 at 10:00 AM. Counsel shall call 1-646-828-7666 to participate in the telephone conference with Magistrate Judge Kimberly A. Jolson. The Meeting ID is 160 043 5255 and the Meeting Passcode is 454760. Signed by Magistrate Judge Kimberly A. Jolson on 4/17/25. (jr) |
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| Tuesday, April 01, 2025 | ||
| 31 | 31
discov
Notice to Take Deposition
Tue 04/01 2:15 PM
NOTICE to Take Deposition of Christa Grady, PT by Plaintiff Kimberly Zuspan. (Finley, Jeffery) |
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| 30 | 30
discov
Notice to Take Deposition
Tue 04/01 2:14 PM
NOTICE to Take Deposition of Brianne Willis, NP by Plaintiff Kimberly Zuspan. (Finley, Jeffery) |
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| 29 | 29
discov
Notice to Take Deposition
Tue 04/01 2:13 PM
NOTICE to Take Deposition of Robert S. Bradley, MD by Plaintiff Kimberly Zuspan. (Finley, Jeffery) |
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| 28 | 28
discov
Notice to Take Deposition
Tue 04/01 2:11 PM
NOTICE to Take Deposition of Glen A. Fisher, MD by Plaintiff Kimberly Zuspan. (Finley, Jeffery) |
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| Tuesday, March 11, 2025 | ||
| 27 | 27
service
Certificate of Service
Tue 03/11 12:21 PM
CERTIFICATE OF SERVICE by Plaintiff Kimberly Zuspan Rule 26(A)(1) Disclosures (Mundy, William) |
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| Friday, February 21, 2025 | ||
| 26 | 26
service
Certificate of Service
Fri 02/21 4:20 PM
CERTIFICATE OF SERVICE by Plaintiff Kimberly Zuspan Plaintiff's Request for Admissions (Mundy, William) |
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| Tuesday, February 18, 2025 | ||
| 25 | 25
service
Certificate of Service
Tue 02/18 3:03 PM
CERTIFICATE OF SERVICE by Plaintiff Kimberly Zuspan Requests for Production of Documents (Mundy, William) |
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| 24 | 24
service
Certificate of Service
Tue 02/18 3:02 PM
CERTIFICATE OF SERVICE by Plaintiff Kimberly Zuspan Interrogatories (Mundy, William) |
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| Wednesday, February 12, 2025 | ||
| 23 | 23
order
Columbus Preliminary Pretrial Order
Wed 02/12 10:53 AM
MEMORANDUM OF FIRST PRETRIAL CONFERENCE: Initial Disclosures due by 3/12/2025. Joinder of Parties/Motions to Amend due by 5/12/2025. Primary Expert due by 6/1/2025. Rebuttal Expert due by 8/1/2025. Discovery due by 11/1/2025. Dispositive motions due by 12/1/2025. Case is referred to Mediation. Case referred to Clerk for assignment of mediator. Settlement Demand due by 9/1/2025. Response to Settlement Demand due by 10/1/2025. Mediation Deadline: 10/1/2025. Signed by Magistrate Judge Kimberly A. Jolson on 2/12/2025. (er) |
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minutes
Pretrial Conference - Initial 1 - Terminate Deadlines and Hearings
Wed 02/12 10:08 AM
Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Initial Pretrial Conference held on 2/12/2025. (jr) |
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| Wednesday, February 05, 2025 | ||
| 21 | 21
misc
Rule 26(f) Report
Wed 02/05 2:13 PM
RULE 26(f) REPORT by Defendants Lyndon B. Gaines, Holzer Clinic, LLC, Holzer Health System, Holzer Hospital Foundation, Holzer Medical Center Physician Services, LLC. (Welch, John) |
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| Tuesday, February 04, 2025 | ||
| 20 | 20
motion
Appear
Tue 02/04 9:19 AM
Notice of Appearance of William L. Mundy by Plaintiff Kimberly Zuspan. (Mundy, William) Modified text and termed motion event on 2/4/2025 (mas) |
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| Tuesday, January 21, 2025 | ||
| 19 | 19
notice
Notice of Hearing
Tue 01/21 12:09 PM
NOTICE of Hearing: Pretrial Conference set for 2/12/2025 10:00 AM in Teleconference before Magistrate Judge Kimberly A. Jolson. (jr) |
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| Friday, January 17, 2025 | ||
| 18 | 18
notice
Notice of Appearance
Fri 01/17 9:50 AM
NOTICE of Appearance by John B. Welch for Defendants Lyndon B. Gaines, Holzer Health System, Holzer Clinic, LLC, Holzer Hospital Foundation, Holzer Medical Center Physician Services, LLC (Welch, John) |
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| 17 | 17
answer
Answer to Complaint
Fri 01/17 9:45 AM
ANSWER to1 Complaint, with Jury Demand filed by All Defendants. (Welch, John) |
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| Thursday, January 02, 2025 | ||
| 16 | 16
service
Acknowledgment of Service
Fri 01/03 10:06 AM
ACKNOWLEDGMENT OF SERVICE Executed - Dr. Lyndon Gaines, M.D. (certified mail #7019 1120 0000 1283 4379). (mve) |
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| 15 | 15
service
Summons Returned Executed
Fri 01/03 9:31 AM
SUMMONS Returned Executed as to Defendant Holzer Medical Center Physician Services, LLC, Kevin Yeager, Agent. Holzer Medical Center Physician Services, LLC, Kevin Yeager, Agent served on 12/20/2024, answer due 1/10/2025. (Certified Mail #7019 1120 0000 1283 4331). (mve) |
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| Thursday, December 26, 2024 | ||
| 14 | 14
service
Summons Returned Executed
Fri 12/27 8:32 PM
SUMMONS Returned Executed as to Defendants Holzer Clinic, LLC, Holzer Health System, Holzer Hospital Foundation. (er) |
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| Tuesday, December 17, 2024 | ||
| 13 | 13
misc
Certificate of Clerk
Tue 12/17 8:43 AM
CERTIFICATE of Mailing by Clerk - A copy of the complaint and issued summons were sent to the named defendants via certified mail (7019 1120 0000 1283 4355/4379/4348/4362/4331). (mas) |
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| Monday, December 16, 2024 | ||
| 12 | 12
service
Waiver of Service Executed
Mon 12/16 9:18 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to Lyndon B. Gaines on 12/10/2024, answer due 2/10/2025. (Finley, Jeffery) |
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| 11 | 11
service
Waiver of Service Executed
Mon 12/16 9:17 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to Holzer Clinic, LLC on 12/10/2024, answer due 2/10/2025. (Finley, Jeffery) |
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| 10 | 10
service
Waiver of Service Executed
Mon 12/16 9:15 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to Holzer Hospital Foundation on 12/10/2024, answer due 2/10/2025. (Finley, Jeffery) |
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| 9 | 9
service
Waiver of Service Executed
Mon 12/16 9:13 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to Holzer Medical Center Physician Services, LLC on 12/10/2024, answer due 2/10/2025. (Finley, Jeffery) |
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| 8 | 8
service
Waiver of Service Executed
Mon 12/16 9:11 AM
WAIVER OF SERVICE Returned Executed. Waiver sent to Holzer Health System on 12/10/2024, answer due 2/10/2025. (Finley, Jeffery) |
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| Wednesday, October 02, 2024 | ||
| 7 | 7
2
pgs
service
Summons Issued
Wed 10/02 11:44 AM
Summons Issued as to Lyndon B. Gaines, Holzer Clinic, LLC, Holzer Health System, Holzer Hospital Foundation, Holzer Medical Center Physician Services, LLC. (ds) |
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Att: 1
Summons Form,
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Att: 2
Summons Form,
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Att: 3
Summons Form,
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Att: 4
Summons Form
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| 6 | 6
2
pgs
service
Request for Issuance of Summons
Wed 10/02 11:23 AM
REQUEST for Issuance of Summons. (Finley, Jeffery) |
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| 5 | 5
service
Request for Issuance of Summons
Wed 10/02 11:22 AM
REQUEST for Issuance of Summons. (Finley, Jeffery) |
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| 4 | 4
service
Request for Issuance of Summons
Wed 10/02 11:22 AM
REQUEST for Issuance of Summons. (Finley, Jeffery) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 10/02 11:21 AM
REQUEST for Issuance of Summons. (Finley, Jeffery) |
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| 2 | 2
service
Request for Issuance of Summons
Wed 10/02 11:20 AM
REQUEST for Issuance of Summons. (Finley, Jeffery) |
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| Tuesday, October 01, 2024 | ||
| 1 | 1
cmp
Complaint
Tue 10/01 4:26 PM
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-10189122), filed by Kimberly Zuspan. (Finley, Jeffery) |
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Att: 1
2 pgs
Exhibit Exhibit A,
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Att: 2
Summons Form Gaines,
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Att: 3
Summons Form Holzer Health System,
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Att: 4
Summons Form Holzer Hospital Foundation,
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Att: 5
Summons Form Holzer Medical Center Physician Services, LLC,
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Att: 6
Summons Form Holzer Clinic, LLC,
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Att: 7
Civil Cover Sheet
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