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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-07-28
Status INACTIVE
Type Complex Litigation
Docket 76 entries

Parties

Plaintiff Kizzy Figueroa|Jonathan Figueroa
Defendant University Hospitals Health System, Inc., Dba University Hospitals Samaritan Medical Center|University Primary Care Practices, Inc., Dba Uh Spc Hospitalists|University Hospitals Cleveland Medical Center|Ashland Anesthesia, Psc, Inc.|University Hospitals Physicians Services, Inc.|Michael Fisher, Do|Hafiz Raza, M.d.|Mohamed Said Al Natour, M.d.|Pierre El Halchem, M.d.|Paul Ligman, M.d.|Aaron Young, Do
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, MOTION
  2. JUDGMENT ENTRY(52684865) SENT BY EMAIL. TO: ZACHARY R. HOOVER [email protected]
  3. JUDGMENT ENTRY(52684864) SENT BY EMAIL. TO: ZACHARY R. HOOVER [email protected]
  4. JUDGMENT ENTRY(52684863) SENT BY EMAIL. TO: SABRINA S SELLERS [email protected]
  5. JUDGMENT ENTRY(52684862) SENT BY EMAIL. TO: SABRINA S SELLERS [email protected]
  6. JUDGMENT ENTRY(52684861) SENT BY EMAIL. TO: JOSEPH T PALCKO [email protected]
  7. JUDGMENT ENTRY(52684860) SENT BY EMAIL. TO: PAUL KNOTT [email protected]
  8. JUDGMENT ENTRY(52684859) SENT BY EMAIL. TO: PAUL KNOTT [email protected]
  9. DEFENDANTS' MOTION TO DISMISS, FILED 12/27/2023, IS GRANTED IN PART. ON 11/29/2023, THIS COURT GRANTED PLAINTIFF LEAVE UNTIL NO LATER THAN 12/22/2023 TO PRODUCE ANY AFFIDAVIT OF MERIT FOR THIS MATTER. THIS WAS THE SECOND EXTENSION GRANTED. THE ORDER STATED THAT FAILURE TO PRODUCE ANY AFFIDAVIT OF MERIT ON OR BEFORE THAT *WILL* RESULT IN DISMISSAL OF THE ACTION WITHOUT PREJUDICE PURSUANT TO CIV. R 10(D)(2)(D). SEE 11/29/2023 ORDER (EMPHASIS ADDED). HAVING RECEIVED NO AFFIDAVIT OF MERIT AS IT RELATES TO THIS MATTER, PURSUANT TO ITS ORDER DATED 11/29/2023, THIS CASE IS DISMISSED WITHOUT PREJUDICE, BY OPERATION OF LAW, PURSUANT TO CIV. R. 10(D)(2). THIS COURT NOTES THAT DISMISSAL OF A COMPLAINT FOR FAILURE TO ATTACH THE AFFIDAVIT OF MERIT REQUIRED BY CIV.R. 10(D)(2) IS AN ADJUDICATION OTHERWISE THAN ON THE MERITS AND IS A DISMISSAL WITHOUT PREJUDICE BY OPERATION OF LAW. SEE TROYER V. JANIS, 132 OHIO ST.3D 229, 2012-OHIO-2406, 971 N.E.2D 862. THEREFORE, THE COURT CLARIFIES THAT THE DEFENDANTS' MOTION TO DISMISS IS ONLY GRANTED IN-PART, INASMUCH AS THAT THIS CASE IS DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV. R. 10(D)(2) ONLY, AND SUCH DISMISSAL IS BY OPERATION OF LAW. THE COURT WOULD HAVE DISMISSED THIS CASE WITH OR WITHOUT DEFENDANTS' MOTION. THEREFORE, A DISMISSAL OF THE ACTION UNDER CIV. R. 12(B)(6) IS NOT APPLICABLE. IN SUM, THIS MATTER IS DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV. R. 10(D)(2) ONLY. COURT COST ASSESSED TO THE PLAINTIFF(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  10. MOTION TO DISMISS FILED DEFENDANTS' MOTION TO DISMISS 12/28/2023 - GRANTED IN PART
  11. PLAINTIFF'S SECOND MOTION FOR ENLARGEMENT OF TIME TO FILE AFFIDAVIT OF MERIT, FILED 11/22/2023, IS GRANTED IN PART. PLAINTIFF IS GRANTED LEAVE UNTIL NO LATER THAN 12/22/2023 TO PRODUCE ANY AFFIDAVIT OF MERIT. FAILURE TO SUBMIT AN AFFIDAVIT OF MERIT ON OR BEFORE THAT DATE WILL RESULT IN DISMISSAL OF THE ACTION WITHOUT PREJUDICE PURSUANT TO CIV. R 10(D)(2)(D). SEE ALSO TROYER V. JANIS, 132 OHIO ST.3D 229, 2012-OHIO-2406, 971 N.E.2D 862. DEFENDANTS NEED NOT RESPOND TO THE COMPLAINT OR PARTICIPATE IN ANY DISCOVERY (ASIDE FROM DISCOVERY THAT IS PERTINENT TO OBTAINING THE AFFIDAVIT OF MERIT) UNTIL 28 DAYS AFTER THE FILING OF THE AFFIDAVIT OF MERIT. NO FURTHER CONTINUANCES WILL BE GRANTED AS IT RELATES TO PLAINTIFF'S SUBMISSION OF AN AFFIDAVIT OF MERIT. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  12. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.,(D1), UNIVERSITY PRIMARY CARE PRACTICES, INC.,(D2), UNIVERSITY HOSPITALS CLEVELAND MEDICAL CENTER(D3), UNIVERSITY HOSPITALS PHYSICIANS SERVICES, INC.(D5), MICHAEL FISHER, DO(D6), HAFIZ RAZA, M.D.(D7), MOHAMED SAID AL-NATOUR, M.D.(D8), PIERRE EL HALCHEM, M.D.(D9) and AARON YOUNG, DO(D11) SABRINA S SELLERS 0090558 DEFENDANTS' BRIEF IN RESPONSE TO PLAINTIFF'S SECOND MOTION FOR ENLARGEMENT OF TIME TO FILE AFFIDAVIT OF MERIT
  13. MOTION FILED FOR PLAINTIFF(S) KIZZY FIGUEROA(P1) and JONATHAN FIGUEROA(P2) PAUL KNOTT 0059727 PLAINTIFF'S SECOND MOTION FOR ENLARGEMENT OF TIME TO FILE AFFIDAVIT OF MERIT 11/29/2023 - GRANTED IN PART
  14. ANSWER FILED BY DEFENDANT(S) ASHLAND ANESTHESIA, PSC, INC.(D4) and PAUL LIGMAN, M.D.(D10) ATTORNEY JOSEPH T PALCKO 0088006 DEFENDANTS, ASHLAND ANESTHESIA, PSC, INC. AND PAUL LIGMAN, M.D.'S ANSWER TO PLAINTIFFS' AMENDED COMPLAINT
  15. DEPOSIT AMOUNT PAID PAUL KNOTT
  16. AMENDED COMPLAINT $75 PLAINTIFF'S AMENDED COMPLAINT
  17. PLAINTIFF'S MOTION TO AMEND THE COMPLAINT, FILED 10/23/2023, IS UNOPPOSED AND GRANTED. PLAINTIFF TO FILE AMENDED COMPLAINT WITHIN FOURTEEN (14) DAYS OF JOURNALIZATION OF THIS ORDER. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  18. MOTION FILED FOR PLAINTIFF(S) KIZZY FIGUEROA(P1) and JONATHAN FIGUEROA(P2) PAUL KNOTT 0059727 PLAINTIFF'S MOTION TO AMEND THE COMPLAINT 11/09/2023 - UNOPPOSED AND GRANTED
  19. CERTIFIED MAIL NUMBER 51262931 ADDRESSED TO ASHLAND ANESTHESIA, PSC, INC.(D4) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  20. NOTICE OF APPEARANCE, FILED DEFENDANT(S) UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.,(D1), UNIVERSITY PRIMARY CARE PRACTICES, INC.,(D2), UNIVERSITY HOSPITALS CLEVELAND MEDICAL CENTER(D3), UNIVERSITY HOSPITALS PHYSICIANS SERVICES, INC.(D5), MICHAEL FISHER, DO(D6), HAFIZ RAZA, M.D.(D7), MOHAMED SAID AL-NATOUR, M.D.(D8), PIERRE EL HALCHEM, M.D.(D9) and AARON YOUNG, DO(D11) SABRINA S SELLERS 0090558. NOTICE OF APPEARANCE OF SABRINA SELLERS
  21. NOTICE OF APPEARANCE, FILED DEFENDANT(S) UNIVERSITY HOSPITALS HEALTH SYSTEM, INC.,(D1), UNIVERSITY PRIMARY CARE PRACTICES, INC.,(D2), UNIVERSITY HOSPITALS CLEVELAND MEDICAL CENTER(D3), UNIVERSITY HOSPITALS PHYSICIANS SERVICES, INC.(D5), MICHAEL FISHER, DO(D6), HAFIZ RAZA, M.D.(D7), MOHAMED SAID AL-NATOUR, M.D.(D8), PIERRE EL HALCHEM, M.D.(D9) and AARON YOUNG, DO(D11) ZACHARY R. HOOVER 0097672. NOTICE OF APPEARANCE OF ZACHARY HOOVER
  22. ANSWER FILED BY DEFENDANT(S) ASHLAND ANESTHESIA, PSC, INC.(D4) and PAUL LIGMAN, M.D.(D10) ATTORNEY JOSEPH T PALCKO 0088006 DEFENDANTS, ASHLAND ANESTHESIA, PSC, INC. AND PAUL LIGMAN, M.D.'S ANSWER TO PLAINTIFFS' COMPLAINT
  23. 08/23/2023: MOTION FOR EXTENSION OF TIME TO FILE AFFIDAVIT OF MERIT, FILED 07/28/2023, IS GRANTED. PLAINTIFFS GIVEN UNTIL 11/23/2023 TO PRODUCE ANY AFFIDAVIT OF MERIT. DEFENDANTS NEED NOT RESPOND TO THE COMPLAINT OR PARTICIPATE IN ANY DISCOVERY UNTIL 28 DAYS AFTER THE FILING OF THE AFFIDAVIT OF MERIT. THE COURT SUA SPONTE DECLARES THIS MATTER TO BE COMPLEX LITIGATION DUE TO (1) NUMBER OF PARTIES INVOLVED; (2) THE COMPLEXITY OF CLAIMS INVOLVED; (3)EXTENT OF DISCOVERY NECESSARY TO PREPARE THE CASE FOR TRIAL; AND (4) NUMBER OR AVAILABILITY OF PARTIES AND WITNESSES FOR TRIAL; THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  24. USPS RECEIPT NO. 51262937 DELIVERED BY USPS 08/08/2023 LIGMAN, M.D./PAUL/ PROCESSED BY COC 08/16/2023.
  25. USPS RECEIPT NO. 51262936 DELIVERED BY USPS 08/08/2023 EL HALCHEM, M.D./PIERRE/ PROCESSED BY COC 08/16/2023.
  26. USPS RECEIPT NO. 51262934 DELIVERED BY USPS 08/08/2023 RAZA, M.D./HAFIZ/ PROCESSED BY COC 08/16/2023.
  27. USPS RECEIPT NO. 51262932 DELIVERED BY USPS 08/07/2023 UNIVERSITY HOSPITALS PHYSICIANS SERVICES, INC. PROCESSED BY COC 08/16/2023.
  28. USPS RECEIPT NO. 51262930 DELIVERED BY USPS 08/07/2023 UNIVERSITY HOSPITALS CLEVELAND MEDICAL CENTER PROCESSED BY COC 08/16/2023.
  29. USPS RECEIPT NO. 51262929 DELIVERED BY USPS 08/07/2023 UNIVERSITY PRIMARY CARE PRACTICES, INC., PROCESSED BY COC 08/16/2023.
  30. USPS RECEIPT NO. 51262928 DELIVERED BY USPS 08/07/2023 UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., PROCESSED BY COC 08/16/2023.
  31. USPS RECEIPT NO. 51262938 DELIVERED BY USPS 08/04/2023 YOUNG, DO/AARON/ PROCESSED BY COC 08/09/2023.
  32. USPS RECEIPT NO. 51262935 DELIVERED BY USPS 08/04/2023 SAID AL-NATOUR, M.D./MOHAMED/ PROCESSED BY COC 08/09/2023.
  33. USPS RECEIPT NO. 51262933 DELIVERED BY USPS 08/04/2023 FISHER, DO/MICHAEL/ PROCESSED BY COC 08/09/2023.
  34. SUMS COMPLAINT(51262938) SENT BY CERTIFIED MAIL. TO: AARON YOUNG, DO HILLCREST HC 2ND FL STE 3 NEPH 350 HILLCREST DRIVE ASHLAND, OH 44805
  35. SUMS COMPLAINT(51262937) SENT BY CERTIFIED MAIL. TO: PAUL LIGMAN, M.D. 1025 CENTER STREET ASHLAND, OH 44805
  36. SUMS COMPLAINT(51262936) SENT BY CERTIFIED MAIL. TO: PIERRE EL HALCHEM, M.D. 1025 CENTER STREET ASHLAND, OH 44805
  37. SUMS COMPLAINT(51262935) SENT BY CERTIFIED MAIL. TO: MOHAMED SAID AL-NATOUR, M.D. 11100 EUCLID AVENUE CLEVELAND, OH 44106
  38. SUMS COMPLAINT(51262934) SENT BY CERTIFIED MAIL. TO: HAFIZ RAZA, M.D. 1025 CENTER STREET ASHLAND, OH 44805
  39. SUMS COMPLAINT(51262933) SENT BY CERTIFIED MAIL. TO: MICHAEL FISHER, DO 150 7TH AVENUE, SUITE 200 CHARDON, OH 44024
  40. SUMS COMPLAINT(51262932) SENT BY CERTIFIED MAIL. TO: UNIVERSITY HOSPITALS PHYSICIANS SERVICES, INC. CO ACFB INC., STATUTORY AGENT 200 PUBLIC SQUARE, SUITE 2300 CLEVELAND, OH 44114
  41. SUMS COMPLAINT(51262931) SENT BY CERTIFIED MAIL. TO: ASHLAND ANESTHESIA, PSC, INC. CO CORPORATE STATUTORY SERVICES 255 EAST FIFTH STREET, SUITE 2400 CINCINNATI, OH 45202
  42. SUMS COMPLAINT(51262930) SENT BY CERTIFIED MAIL. TO: UNIVERSITY HOSPITALS CLEVELAND MEDICAL CENTER CO ACFB INC., STATUTORY AGENT 200 PUBLIC SQUARE, SUITE 2300 CLEVELAND, OH 44114
  43. SUMS COMPLAINT(51262929) SENT BY CERTIFIED MAIL. TO: UNIVERSITY PRIMARY CARE PRACTICES, INC., CO ACFB INC., STATUTORY AGENT 200 PUBLIC SQUARE, SUITE 2300 CLEVELAND, OH 44114
  44. SUMS COMPLAINT(51262928) SENT BY CERTIFIED MAIL. TO: UNIVERSITY HOSPITALS HEALTH SYSTEM, INC., CO ACFB INC., STATUTORY AGENT 200 PUBLIC SQUARE, SUITE 2300 CLEVELAND, OH 44114
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. SUMMONS E-FILE COPY COST
  48. WRIT FEE
  49. WRIT FEE
  50. WRIT FEE
  51. WRIT FEE
  52. SUMMONS E-FILE COPY COST
  53. SUMMONS E-FILE COPY COST
  54. SUMMONS E-FILE COPY COST
  55. SUMMONS E-FILE COPY COST
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. WRIT FEE
  61. WRIT FEE
  62. WRIT FEE
  63. WRIT FEE
  64. WRIT FEE
  65. WRIT FEE
  66. SUMMONS E-FILE COPY COST
  67. MOTION FOR EXTENSION OF TIME TO FILE AFFIDAVIT OF MERIT FILED. 08/23/2023 - GRANTED
  68. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  69. ADDITIONAL DEPOSIT FOR SERVICE, OVER 10 DEFENDANTS $5
  70. LEGAL RESEARCH
  71. LEGAL NEWS
  72. LEGAL AID
  73. COURT SPECIAL PROJECTS FUND
  74. COMPUTER FEE
  75. CLERK'S FEE
  76. DEPOSIT AMOUNT PAID PAUL KNOTT

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