| Date Filed | Doc # | Docket Text |
|
| 2018-07-31 | 1 | COMPLAINT against UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (Filing fee, including Administrative fee, $400, receipt number 0315-4812462), filed by WESTERN STAR HOSPITAL AUTHORITY INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (dm) (Entered: 07/31/2018) |
| 2018-07-31 | 2 | Disclosure Statement identifying None as corporate parent or other affiliate, by WESTERN STAR HOSPITAL AUTHORITY INC.. (dm) (Entered: 07/31/2018) |
| 2018-08-01 | 3 | MOTION for attorney Phinorice J. Boldin to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4813140) by WESTERN STAR HOSPITAL AUTHORITY INC.. (Attachments: # 1 Exhibit A) (Boldin, Phinorice) (Entered: 08/01/2018) |
| 2018-08-01 | 4 | MOTION for attorney Laura A. Seider to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4813167) by WESTERN STAR HOSPITAL AUTHORITY INC.. (Attachments: # 1 Exhibit A) (Seider, Laura) (Entered: 08/01/2018) |
| 2018-08-01 | | CLERK'S OFFICE QUALITY CONTROL MESSAGE re 4 Motion to Appear Pro Hac Vice, 3 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (sdp) (Entered: 08/01/2018) |
| 2018-08-06 | 5 | ORDER OF RECUSAL. Magistrate Judge Lisa Pupo Lenihan recused. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/06/2018. (jmb) (Entered: 08/06/2018) |
| 2018-08-07 | | Judge David S. Cercone is presiding. (mao) (Entered: 08/07/2018) |
| 2018-08-08 | 6 | TEXT-ORDER granting 3 Motion for Appearance Pro Hac Vice of Attorney Phinorice J. Boldin on behalf of plaintiff. Signed by Judge David S. Cercone on 8/8/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt) (Entered: 08/08/2018) |
| 2018-08-08 | 7 | TEXT-ORDER granting 4 Motion for Appearance Pro Hac Vice of Attorney Laura A. Seider on behalf of plaintiff. Signed by Judge David S. Cercone on 8/8/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt) (Entered: 08/08/2018) |
| 2018-09-06 | 8 | NOTICE of Appearance by Karen Gal-Or on behalf of UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 09/06/2018) |
| 2018-09-06 | 9 | MOTION for Extension of Time to File Answer re 1 Complaint, filed by WESTERN STAR HOSPITAL AUTHORITY INC. by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 09/06/2018) |
| 2018-09-07 | 10 | ORDER granting 9 Motion for Extension of Time to Answer, Plead or Otherwise Respond to Complaint. Defendant's answer or other response due by 10/22/18. Signed by Judge David S. Cercone on 9/7/18. (njt) (Entered: 09/07/2018) |
| 2018-09-20 | 11 | PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018) |
| 2018-09-20 | 12 | PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018) |
| 2018-09-20 | 13 | PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018) |
| 2018-09-20 | 14 | Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018) |
| 2018-09-20 | 15 | Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018) |
| 2018-09-20 | 16 | Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018) |
| 2018-09-20 | 17 | PRAECIPE to Issue Summons by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Summons) (Boldin, Phinorice) (Entered: 09/20/2018) |
| 2018-09-20 | 18 | Summons Issued as to UNITED STATES DEPARTMENT OF VETERAN AFFAIRS (nll) (Entered: 09/20/2018) |
| 2018-09-26 | 19 | NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (njt) (Entered: 09/26/2018) |
| 2018-09-26 | 20 | ORDER scheduling Initial Case Management Conference for 11/8/18 at 11:30 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 10/19/18. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 10/29/18. Signed by Judge David S. Cercone on 9/26/18. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt) (Entered: 09/26/2018) |
| 2018-10-02 | 21 | MOTION, re 20 Order, to Reschedule Initial Case Management Conference by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) Modified on 10/2/2018. (jjg) (Entered: 10/02/2018) |
| 2018-10-03 | 22 | ORDER granting defendant's 21 Motion to Reschedule Initial Case Management Conference. Initial Case Management Conference currently set for 11/8/18 is hereby RESCHEDULED to 11/19/18 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Signed by Judge David S. Cercone on 10/3/18. (njt) (Entered: 10/03/2018) |
| 2018-10-03 | | RESET CONFERENCES: Initial Case Management Conference set for 11/19/2018 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Text-only entry; no PDF document to issue. This text-only entry constitutes the Court's Order or Notice on this matter. (njt) (Entered: 10/03/2018) |
| 2018-10-22 | 23 | ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 10/22/2018) |
| 2018-10-29 | 24 | REPORT of Rule 26(f) Planning Meeting. (Gal-Or, Karen) (Entered: 10/29/2018) |
| 2018-11-19 | 25 | Minute Entry for Case Management Conference held before Judge David S. Cercone on 11/19/2018: Laura A. Seider, Esq. appointed liaison counsel for ADR purposes. The parties shall file the ADR Stipulation selecting the ADR Process and the Neutral on or before 11/26/18. The ADR must be completed by 1/18/19. Parties agree to the following schedule for dispositive motions: (1) Motions for Summary Judgments shall be filed on or before January 18, 2019; (2) Responses shall be filed on or before February 19, 2019; and (3) Replies shall be filed on or before February 26, 2019. Non-Jury Case Management Order setting forth summary judgment schedule and FRE 502(d) Implementation Order to follow. (Court Reporter: none) (jmc) (Entered: 11/19/2018) |
| 2018-11-19 | 26 | MOTION to Waive ADR Requirement by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 11/19/2018) |
| 2018-11-20 | 27 | ORDER - Response re 26 Motion to Waive ADR Requirement. Response to Motion due by 11/30/2018. Signed by Judge David S. Cercone on 11/20/18. (jmc) (Entered: 11/20/2018) |
| 2018-11-26 | 28 | Joint MOTION for Extension of Time to File Stipulation Selecting ADR Process by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 11/26/2018) |
| 2018-11-28 | 29 | ORDER granting 28 Motion for Extension of Time to File ADR Stipulation.ADR Stipulation due by 12/3/2018. If parties are unable to agree, each party shall set forth on the ADR Stipulation their preference for the ADR process and their preferred neutral, and the Court will make the final selection. Signed by Judge David S. Cercone on 11/28/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc) (Entered: 11/28/2018) |
| 2018-11-28 | 30 | CASE MANAGEMENT ORDER: The Parties agree to the following schedule for dispositive motions: Motions for Summary Judgement shall be filed on or before January 18, 2019; Responses shall be filed on or before February 19, 2019 and Replies shall be filed on or before February 26, 2019. Signed by Judge David S. Cercone on 11/28/18. (kak) (Entered: 11/28/2018) |
| 2018-11-28 | 31 | ORDER implementing Rule 502(d) at the Joint Request of the Parties. Signed by Judge David S. Cercone on 11/28/18. (kak) (Entered: 11/28/2018) |
| 2018-11-30 | 32 | BRIEF in Opposition re 26 Motion to waive ADR requirement filed by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Proposed Order) (Boldin, Phinorice) Modified text on 12/3/2018. (jjg) (Entered: 11/30/2018) |
| 2018-12-03 | 33 | STIPULATION selecting ADR process by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 12/03/2018) |
| 2018-12-06 | 34 | ORDER denying 26 Motion to Waive ADR Requirement. The parties shall participate in the Court's mandatory ADR program. IT IS FURTHER ORDERED that the ADR process shall be an Early Neutral Evaluation before Judge Benson and shall be completed within sixty (60) days of the date of this Order. Signed by Judge David S. Cercone on 12/6/18. (jmc) (Entered: 12/06/2018) |
| 2018-12-07 | 35 | ORDER REFERRING CASE to Early Neutral Evaluation. Kenneth Benson is appointed as an evaluator. ENE conference shall be conducted by 2/6/19. The report of Evaluator shall be electronically filed within 7 days of the ENE conference. Laura A. Seider, Esquire is designated as lead counsel. Evaluator KENNETH BENSON is added. Signed by Judge David S. Cercone on 12/7/18. (kak) (Entered: 12/07/2018) |
| 2018-12-07 | 36 | Consent MOTION Requesting Leave for Agency Counsel to Participate in ADR Session Telephonically by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 12/07/2018) |
| 2018-12-11 | 37 | ORDER granting 36 Motion Requesting Leave for Agency Counsel to Participate in ADR Session by Telephone. Signed by Judge David S. Cercone on 12/11/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc) (Entered: 12/11/2018) |
| 2019-02-04 | 38 | Joint MOTION To Reset Deadline by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 02/04/2019) |
| 2019-02-07 | 39 | ORDER granting the parties' 38 Joint Motion to Reset Deadlines. ADR to be completed by 4/1/19. Motions for Summary Judgment due by 4/1/19. Response to Motions for Summary Judgment due by 5/1/19. Reply Briefs due by 5/15/19. Signed by Judge David S. Cercone on 2/7/19. (njt) (Entered: 02/07/2019) |
| 2019-02-07 | | UPDATE DEADLINES: Deadline to complete ADR extended to 4/1/19. Motions for Summary Judgment due by 4/1/19. Response to Motions for Summary Judgment due by 5/1/19. Reply Briefs due by 5/15/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (njt) (Entered: 02/07/2019) |
| 2019-03-12 | 40 | REPORT of Early Neutral Evaluation Case has not resolved. KENNETH J. BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held held on 3/11/2019. (Benson, Kenneth) (Entered: 03/12/2019) |
| 2019-03-22 | 41 | NOTICE of Appearance by Jill Locnikar on behalf of UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Locnikar, Jill) (Entered: 03/22/2019) |
| 2019-04-01 | 42 | MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Locnikar, Jill) (Entered: 04/01/2019) |
| 2019-04-01 | 43 | BRIEF in Support re 42 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Locnikar, Jill) (Entered: 04/01/2019) |
| 2019-04-01 | 44 | CONCISE STATEMENT OF MATERIAL FACTS re 43 Brief in Support of Motion, 42 Motion for Summary Judgment by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Locnikar, Jill) (Entered: 04/01/2019) |
| 2019-04-01 | 45 | EXHIBITS in Support of 44 Concise Statement of Material Facts, 43 Brief in Support of Motion by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit 2) (Locnikar, Jill) (Entered: 04/01/2019) |
| 2019-05-01 | 46 | BRIEF in Opposition re 42 Motion for Summary Judgment filed by WESTERN STAR HOSPITAL AUTHORITY INC.. (Attachments: # 1 Response in Opposition to Concise Statement of Material Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order) (Boldin, Phinorice) (Entered: 05/01/2019) |
| 2019-05-09 | 47 | REPLY BRIEF re 42 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 05/09/2019) |
| 2019-05-09 | 48 | COUNTER STATEMENT OF FACTS 46 Brief in Opposition to Motion, by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Gal-Or, Karen) (Entered: 05/09/2019) |
| 2020-02-20 | 49 | MEMORANDUM OPINION AND ORDER denying 42 Motion for Summary Judgment without prejudice. IT IS FURTHER ORDERED that the Defendant submit to this Court, on or before March 23, 2020, copies of the documents at issue together with the redacted versions of such documents for an in camera review. The Defendant shall file a Motion for Reconsideration of the Motion for Summary Judgment contemporaneously with the documents requested by this Court. No briefs need be filed with the Motion for Reconsideration as all briefs previously submitted in support of, and in opposition to, the Defendants Motion for Summary Judgment will suffice. Signed by Judge David S. Cercone on 2/20/2020. (jmc) (Entered: 02/20/2020) |
| 2020-03-04 | 50 | MOTION for Reconsideration re 49 Order on Motion for Summary Judgment,, by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Attachments: # 1 Proposed Order) (Gal-Or, Karen) (Entered: 03/04/2020) |
| 2020-03-11 | 51 | NOTICE OF WITHDRAWAL OF APPEARANCE by WESTERN STAR HOSPITAL AUTHORITY INC. (Attachments: # 1 Certificate of Service COS) (Seider, Laura) (Entered: 03/11/2020) |
| 2020-03-28 | | IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) (Entered: 03/28/2020) |
| 2020-04-26 | | IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) (Entered: 04/26/2020) |
| 2020-05-17 | | FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) (Entered: 05/17/2020) |
| 2021-02-12 | 52 | MEMORANDUM OPINION AND ORDER granting 50 Motion for Reconsideration. Upon reconsideration, Defendants Motion for Summary Judgment is granted in part and denied in part as set forth at Section III (D) of the Memorandum Opinion. Signed by Judge David S. Cercone on 2/12/2021. (jmc) (Entered: 02/12/2021) |
| 2021-02-12 | 53 | MEMORANDUM OPINION AND ORDER granting 50 Motion for Reconsideration. Upon reconsideration, Defendants Motion for Summary Judgment is granted in part and denied in part as set forth at Section III (D) of the Memorandum Opinion. Signed by Judge David S. Cercone on 2/12/2021. (jmc) (Entered: 02/12/2021) |
| 2021-02-12 | 54 | NOTICE OF WITHDRAWAL OF APPEARANCE by WESTERN STAR HOSPITAL AUTHORITY INC. (Perr, Richard) (Entered: 02/12/2021) |
| 2021-02-12 | 55 | NOTICE of Appearance by Lee Applebaum on behalf of WESTERN STAR HOSPITAL AUTHORITY INC.. (Applebaum, Lee) (Entered: 02/12/2021) |
| 2021-08-18 | 56 | ORDER-the parties shall meet, discuss possible settlement and file with this Court on or before September 3, 2021, a joint status report on such discussions and a proposed plan going forward. Signed by Judge David S. Cercone on 8/18/2021. (jmc) (Entered: 08/18/2021) |
| 2021-08-26 | 57 | NOTICE of Substitution of Attorney Appearance by Jennifer R. Andrade on behalf of UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. Attorney Karen Gal-Or terminated. (Andrade, Jennifer) (Entered: 08/26/2021) |
| 2021-09-03 | 58 | STIPULATION of Dismissal With Prejudice by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. (Andrade, Jennifer) (Entered: 09/03/2021) |
| 2021-09-07 | 59 | ORDER granting 58 Stipulation of Dismissal filed by UNITED STATES DEPARTMENT OF VETERAN AFFAIRS. Clerk is to mark CASE CLOSED. Signed by Judge David S. Cercone on 9/7/2021. (kly) (Entered: 09/07/2021) |
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