D. Minn. 0:16-cv-00100 Docket

Tovar v. Essentia Health
No. 0:16-cv-00100, Case History  

Court: District of Minnesota
Assigned to: Judge Richard H. Kyle
Referred to: Magistrate Judge Leo I. Brisbois

Date Filed # Docket Text
01/15/2016 1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number AMNDC-4735083.) Filed by Brittany R. Tovar. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Hall, Christy) (Entered: 01/15/2016)
 01/19/2016 2 TEXT ONLY ENTRY: CLERK’S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Richard H. Kyle per 5th Division All Civil Rights List referred to Magistrate Judge Leo I. Brisbois. Please use case number 16-cv-100 (RHK/LIB). (MMP) (Entered: 01/19/2016)
01/19/2016 3 Summons Issued as to Essentia Health, HealthPartners, Inc., Innovis Health, LLC. (MMP) (Entered: 01/19/2016)
01/19/2016 4 ORDER that all proceedings before Judge Richard H. Kyle (motions, trial, etc.) will be held in the U.S. Courthouse in Duluth, Minnesota. Signed by Judge Richard H. Kyle on 1/19/16. (KLL) (Entered: 01/19/2016)
01/19/2016 5 ORDER regarding Judge Richard H. Kyle’s dispositive motion procedure. Signed by Judge Richard H. Kyle on 1/19/16. (KLL) (Entered: 01/19/2016)
02/11/2016 6 NOTICE OF HEARING ON MOTION to Dismiss Motion Hearing set for 4/14/2016 08:30 AM in Courtroom 1 (DUL) before Judge Richard H. Kyle. (Wilk, David) (Entered: 02/11/2016)
02/12/2016 7 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant HealthPartners, Inc.. (Wilk, David) (Entered: 02/12/2016)
02/19/2016 8 NOTICE of Appearance by Lisa Edison-Smith on behalf of Essentia Health, Innovis Health, LLC. (Edison-Smith, Lisa) (Entered: 02/19/2016)
02/19/2016 9 NOTICE OF HEARING ON MOTION to Dismiss Motion Hearing set for 4/14/2016 08:30 AM in Courtroom 1 (DUL) before Judge Richard H. Kyle. (Edison-Smith, Lisa) (Entered: 02/19/2016)
03/03/2016 10 MOTION to Dismiss/General by Essentia Health, Innovis Health, LLC. (Edison-Smith, Lisa) (Entered: 03/03/2016)
03/03/2016 11 MEMORANDUM in Support re 10 MOTION to Dismiss/General filed by Essentia Health, Innovis Health, LLC. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Edison-Smith, Lisa) (Entered: 03/03/2016)
03/03/2016 12 MOTION to Dismiss/General by HealthPartners, Inc.. (Wilk, David) (Entered: 03/03/2016)
03/03/2016 13 MEMORANDUM in Support re 12 MOTION to Dismiss/General filed by HealthPartners, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wilk, David) (Entered: 03/03/2016)
03/03/2016 14 Declaration of Julie Bunde in Support of 13 Memorandum in Support of Motion, 12 MOTION to Dismiss/General filed by HealthPartners, Inc.. (Attachments: # 1 Exhibit(s) A-E)(Wilk, David) (Entered: 03/03/2016)
03/24/2016 15 MEMORANDUM in Opposition re 10 MOTION to Dismiss/General filed by Brittany R. Tovar. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hall, Christy) (Entered: 03/24/2016)
03/24/2016 16 MEMORANDUM in Opposition re 12 MOTION to Dismiss/General filed by Brittany R. Tovar. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hall, Christy) (Entered: 03/24/2016)
03/31/2016 17 REPLY re 10 MOTION to Dismiss/General Reply in Support of Defendants Essentia Health and Innovis Health, LLC dba Essentia Health West’s Motion to Dismiss filed by Essentia Health, Innovis Health, LLC. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Edison-Smith, Lisa) (Entered: 03/31/2016)
03/31/2016 18 REPLY re 13 Memorandum in Support of Motion, 12 MOTION to Dismiss/General Reply Memorandum in Support of Defendant HealthPartners, Inc.’s Motion to Dismiss filed by HealthPartners, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Wilk, David) (Entered: 03/31/2016)
04/14/2016 19 Minute Entry for proceedings held before Judge Richard H. Kyle: Motion Hearing held on 4/14/2016 re 10 MOTION to Dismiss/General filed by Innovis Health, LLC, Essentia Health, 12 MOTION to Dismiss/General filed by HealthPartners, Inc. Motions taken under advisement. Order to be issued. (Court Reporter Carla Bebault) (KAT) (Entered: 04/14/2016)
04/28/2016 20 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (CRB) (Entered: 04/28/2016)
04/28/2016 21 TRANSCRIPT of Motions Hearing held on April 14, 2016 before Judge Richard H. Kyle. (35 pages). Court Reporter: Carla Bebault (E-mail: Carla_Bebault@mnd.uscourts.gov / Telephone: 651-848-1220). Redaction Request due 5/19/2016. Redacted Transcript Deadline set for 5/31/2016. Release of Transcript Restriction set for 7/27/2016. For information on redaction procedures, please review Local Rule 5.5. (CRB) (Entered: 04/28/2016)
05/11/2016 22 ORDER granting 10 Motion to Dismiss; granting 12 Motion to Dismiss. Counts I and II of Tovar’s Complaint (Doc. No. 1) are DISMISSED WITH PREJUDICE, and Count III is DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Richard H. Kyle on 5/11/16. (KLL) (Entered: 05/11/2016)
05/11/2016 23 VACATED PER 32 ORDER DATED 6/23/2016 – JUDGMENT (Attachments: # 1 Civil Notice – appeal)(kt) Modified on 6/23/2016 (MMP). (Entered: 05/11/2016)
06/08/2016 24 MOTION to Alter/Amend/Correct Judgment by Brittany R. Tovar. (Hall, Christy) (Entered: 06/08/2016)
06/08/2016 25 MEMORANDUM in Support re 24 MOTION to Alter/Amend/Correct Judgment filed by Brittany R. Tovar. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hall, Christy) (Entered: 06/08/2016)
06/08/2016 26 MEET and CONFER STATEMENT re 24 Motion to Alter/Amend/Correct Judgment filed by Brittany R. Tovar. (Hall, Christy) (Entered: 06/08/2016)
06/10/2016 27 ORDER setting briefing on 24 MOTION to Alter/Amend/Correct Judgment. Signed by Judge Richard H. Kyle on 6/10/16. (KLL) (Entered: 06/10/2016)
06/15/2016 28 MEMORANDUM in Opposition re 24 MOTION to Alter/Amend/Correct Judgment Memorandum in Opposition to Plaintiff’s Motion to Alter or Amend the Judgment to Dismiss Count Three with Prejudice filed by HealthPartners, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Chandler, Stephanie) (Entered: 06/15/2016)
06/15/2016 29 AFFIDAVIT of David M. Wilk in OPPOSITION TO 24 MOTION to Alter/Amend/Correct Judgment filed by HealthPartners, Inc.. (Attachments: # 1 Exhibit(s) A – electronic correspondence dated June 7, 2016)(Chandler, Stephanie) (Entered: 06/15/2016)
06/17/2016 30 LETTER TO DISTRICT JUDGE by HealthPartners, Inc. . (Wilk, David) (Entered: 06/17/2016)
06/20/2016 31 REPLY re 24 MOTION to Alter/Amend/Correct Judgment filed by Brittany R. Tovar. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hall, Christy) (Entered: 06/20/2016)
06/23/2016 32 ORDER GRANTING 24 Motion to Alter/Amend/Correct Judgment; VACATING 23 May 11, 2016, Judgment; AMENDING 1 Complaint to add HealthPartners Administrators, Inc. as a Defendant on Count III and DISMISSING WITH PREJUDICE all claims in this newly amended Complaint. Signed by Judge Richard H. Kyle on 6/23/16. (KLL) (Entered: 06/23/2016)
06/23/2016 33 JUDGMENT (Attachments: # 1 Civil Notice – appeal)(MMP) (Entered: 06/23/2016)
07/21/2016 34 TEXT ONLY ENTRY: Request to Clerk’s Office to Issue Summons for HealthPartners Administrators, Inc.. (Hall, Christy) (Entered: 07/21/2016)
07/21/2016 35 Summons Issued as to HealthPartners Administrators, Inc.. (kt) (Entered: 07/21/2016)
07/21/2016 36 NOTICE OF APPEAL TO 8TH CIRCUIT by Brittany R. Tovar. Filing fee $ 505, receipt number AMNDC-5028227. (Hall, Christy) (Entered: 07/21/2016)
07/25/2016 37 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 36 . (LPH) (Entered: 07/25/2016)
07/26/2016 38 USCA Case Number 16-3186 for 36 Notice of Appeal to 8th Circuit filed by Brittany R. Tovar. (LEG) (Entered: 07/26/2016)
05/24/2017 39 Opinion of USCA (electronic copy) as to 36 Notice of Appeal to 8th Circuit filed by Brittany R. Tovar. (lmb) (Entered: 05/25/2017)
05/24/2017 40 USCA JUDGMENT (electronic copy) as to 36 Notice of Appeal to 8th Circuit filed by Brittany R. Tovar. (lmb) (Entered: 05/25/2017)
06/09/2017 41 NOTICE of Withdrawal as Attorney for Plaintiff by Jill R. Gaulding (Hall, Christy) (Entered: 06/09/2017)
07/06/2017 42 ORDER of USCA as to 36 Notice of Appeal to 8th Circuit filed by Brittany R. Tovar (received electronically from COA) (kt) (Entered: 07/06/2017)
07/13/2017 43 MANDATE of USCA (electronic copy) as to 36 Notice of Appeal to 8th Circuit filed by Brittany R. Tovar. (AKL) (Entered: 07/17/2017)
07/20/2017 44 DOCUMENT FILED IN ERROR: WILL REFILE. ORDER for Disqualification and Order for Reassignment. Signed by Senior Judge Paul A. Magnuson on 7/20/17. (KAT) Modified text on 7/20/2017 (kt). (Entered: 07/20/2017)
07/21/2017 45 ORDER for Disqualification and Order for Reassignment. Signed by Judge Susan Richard Nelson on 7/21/17. (KAT) (Entered: 07/21/2017)
07/21/2017 46 TEXT ONLY ENTRY: CLERK’S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Donovan W. Frank. Judge Richard H. Kyle no longer assigned to the case. NOTE: the new case number is 16-cv-100 DWF/LIB. Please use this case number for all subsequent pleadings. (kt) (Entered: 07/21/2017)
08/16/2017 47 TEXT ONLY ORDER. On May 24, 2017, the Eighth Circuit Court of Appeals issued an opinion in this matter that reversed in part and remanded the case for further proceedings to the district court. Accordingly, the parties shall submit letter briefs (not to exceed two pages) no later than Tuesday, August 22, 2017, stating their positions on the following: (1) the current status of the case; and (2) how best to proceed going forward. Signed by Judge Donovan W. Frank on 8/16/2017. (BJS) (Entered: 08/16/2017)
08/22/2017 48 LETTER TO DISTRICT JUDGE by Essentia Health, Innovis Health, LLC regarding case status. (Edison-Smith, Lisa) (Entered: 08/22/2017)
08/22/2017 49 LETTER TO DISTRICT JUDGE by HealthPartners Administrators, Inc., HealthPartners, Inc. . (Wilk, David) (Entered: 08/22/2017)
08/22/2017 50 LETTER TO DISTRICT JUDGE by Brittany R. Tovar . (Hall, Christy) (Entered: 08/22/2017)
09/29/2017 51 TEXT ONLY ORDER: The Court has considered the parties’ respective positions on the status of the case and how best to proceed. The Court directs Plaintiff to file her motion to amend the complaint with the Magistrate Judge and this case will proceed from there accordingly. Signed by Judge Donovan W. Frank on 9/29/2017. (BJS) (Entered: 09/29/2017)
10/05/2017 52 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint filed by Brittany R. Tovar. (Hall, Christy) (Entered: 10/05/2017)
10/05/2017 53 NOTICE OF HEARING ON MOTION 52 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint : Motion Hearing set for 11/7/2017 01:30 PM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Hall, Christy) (Entered: 10/05/2017)
10/05/2017 54 MEET and CONFER STATEMENT re 52 Motion to Alter/Amend/Supplement Pleadings filed by Brittany R. Tovar.(Hall, Christy) (Entered: 10/05/2017)
10/05/2017 55 MEMORANDUM in Support re 52 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint filed by Brittany R. Tovar. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hall, Christy) (Entered: 10/05/2017)
10/05/2017 56 Declaration of Christy L Hall in Support of 52 MOTION to Alter/Amend/Supplement Pleadings 1 Complaint filed by Brittany R. Tovar. (Attachments: # 1 Exhibit(s) 1-2)(Hall, Christy) (Entered: 10/05/2017)

 

Last updated 10/11/2017