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Date: 04-28-2018

Case Style:

Dr. Robert Katz v. Cleveland Clinic Foundation

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Case Number: CV-16-868242

Judge: Robert C. McClelland

Court: Court of Common Pleas, Cuyahoga County, Ohio

Plaintiff's Attorney: Christopher P. Thorman, Larta S. Nochomovitz, Daniel Petrov

Defendant's Attorney: Jeffrey Wedel, David Frantz and Lisa Kainec

Description: Cleveland, OH - Dr. Robert Katz, age 77, sued the Cleveland Clinic Foundation on a civil rights violation theory claiming that he was discriminated against by the Defendant because of his age. He claimed that he was pressured to retire because of his age and that his patients were assigned to younger doctors.

The defenses asserted by Cleveland Clinic are not available.

04/27/2018 N/A JE PURSUANT TO R.C. 2315.21(D)(2)(A), THE PUNITIVE DAMAGES AWARD MAY NOT EXCEED TWO TIMES THE AMOUNT OF THE COMPENSATORY DAMAGES AWARDED TO PLAINTIFF. THEREFORE, BY OPERATION OF LAW, THE PUNITIVE DAMAGES AWARD OF $26,375,00.00 IS REDUCED TO $4,550,000.00. THE TOTAL JUDGMENT AWARDED TO PLAINTIFF AMOUNTS TO $6,825,00.00, PLUS ATTORNEYS' FEES. THE ATTORNEYS' FEES WILL BE DETERMINED BY THE COURT AT A LATER HEARING. NOTICE ISSUED
04/27/2018 N/A JE 4/27/2018, CASE PROCEEDS TO PUNITIVE DAMAGES PHASE. PLAINTIFF AND DEFENDANT PRESENTED ARGUMENTS ON PUNITIVE DAMAGES. DEFENDANT'S MOTION FOR DIRECTED VERDICT IS DENIED. JURY DELIBERATED AS TO PUNITIVE DAMAGES. JURY RETURNS A VERDICT IN FAVOR OF PLAINTIFF AND AGAINST THE DEFENDANT IN THE AMOUNT OF $26,375,000.00 IN PUNITIVE DAMAGES. NOTICE ISSUED
04/27/2018 N/A JE 4/27/2018, JURY CONTINUES TO DELIBERATE. JURY RETURNS A VERDICT IN FAVOR OF PLAINTIFF AND AGAINST THE DEFENDANT IN THE AMOUNT OF $2,275,000.00 IN COMPENSATORY DAMAGES. NOTICE ISSUED
04/27/2018 N/A JE 4/26/2018, CLOSING ARGUMENTS HEARD. THE JURY IS CHARGED AND IN DELIBERATION. NOTICE ISSUED
04/26/2018 N/A JE 4/25/2018, TRIAL CONTINUES. PLAINTIFF RESTS. DEFENDANT RESTS. DEFENDANT'S MOTION FOR DIRECTED VERDICT AS TO PROMISSORY ESTOPPEL IS DENIED AS MOOT. THE CLAIM FOR PROMISSORY ESTOPPEL HAS BEEN DISMISSED. DEFENDANT'S MOTIONS FOR DIRECTED VERDICTS AS TO AGE DISCRIMINATION AND RETALIATION ARE DENIED. PLAINTIFF'S MOTION FOR DIRECTED VERDICT AS TO DEFENDANT'S AFFIRMATIVE DEFENSES IS DENIED. TRIAL IN RECESS. NOTICE ISSUED
04/25/2018 N/A JE 4/24/208, TRIAL IN PROGRESS. NOTICE ISSUED
04/25/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S COMBINED PROPOSED SUPPLEMENTAL JURY INSTRUCTIONS, INTERROGATORIES AND VERDICT FORMS
04/25/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S JURY INTERROGATORIES (PUNITIVE DAMAGES PHASE)
04/25/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S PROPOSED JURY VERDICT FORMS (PUNITIVE DAMAGES PHASE)
04/25/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S PROPOSED JURY INTERROGATORIES (LIABILITY PHASE)
04/25/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S PROPOSED GENERAL VERDICT FORMS (LIABILITY PHASE)
04/25/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S PROPOSED JURY INSTRUCTIONS
04/24/2018 P1 OT GENERAL PLEADING FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S PROPOSED JURY INSTRUCTIONS
04/24/2018 N/A JE 4/23/2018, TRIAL IN PROGRESS. NOTICE ISSUED
04/23/2018 N/A JE 4/20/2018, TRIAL IN PROGRESS. NOTICE ISSUED
04/20/2018 N/A JE 4/19/2018, TRIAL IN PROGRESS. NOTICE ISSUED
04/19/2018 N/A JE THE COURT HAS RECEIVED AND REVIEWED THE DOCUMENTS REQUESTED FOR IN CAMERA INSPECTION RELATED TO THE PLAINTIFF'S MOTION TO ENFORCE SUBPOENA DUCES TECUM, FILED 3/21/2018. THE COURT FINDS THAT THE DOCUMENTS ARE NOT RELEVANT TO THE CASE AND THE MOTION IS DENIED. THEREFORE, THE DEFENDANT'S MOTION TO QUASH THE SUBPOENA IS MOOT. THE DEFENDANT SHALL PROVIDE THE DOCUMENTS TO THE COURT UNDER SEAL TO BE PRESERVED FOR THE RECORD FOR APPEAL PURPOSES ONLY. NOTICE ISSUED
04/19/2018 N/A JE 4/18/2018, TRIAL IN PROGRESS. NOTICE ISSUED
04/18/2018 N/A JE PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH BRIEF IN SUPPORT, FILED 11/17/2017, IS DENIED. NOTICE ISSUED
04/18/2018 N/A CS COURT REPORTER FEE
04/18/2018 N/A CS COURT REPORTER FEE
04/17/2018 N/A JE DEFENDANT'S MOTION IN LIMINE REGARDING PROMISSORY ESTOPPEL EVIDENCE BARRED BY STATUTE OF LIMITATIONS, FILED 03/28/2018, IS GRANTED AS TO COURT TRIAL ONLY. NOTICE ISSUED
04/17/2018 N/A JE JURY SELECTION CONTINUES. EIGHT JURORS AND TWO ALTERNATES ARE EMPANELED AND SWORN. OPENING STATEMENTS HEARD. TRIAL IN PROGRESS. NOTICE ISSUED
04/17/2018 N/A JE DEFENDANT'S MOTION IN LIMINE TO PROHIBIT PLAINTIFF FROM REFERENCING DISCOVERY ISSUES OR DISPUTES AT TRIAL AND MEMORANDUM IN SUPPORT, FILED 04/06/2018, IS GRANTED. NOTICE ISSUED
04/17/2018 N/A JE DEFENDANT'S MOTION IN LIMINE TO EXCLUDE ME TOO TESTIMONY AT TRIAL AND MEMORANDUM IN SUPPORT, FILED 04/05/2018, IS HELD IN ABEYANCE. NOTICE ISSUED
04/17/2018 N/A JE DEFENDANT'S MOTION TO BIFURCATE THE TRIAL ON THE ISSUE OF PUNITIVE DAMAGES AND MEMORANDUM IN SUPPORT, FILED 03/28/2018, IS GRANTED. NOTICE ISSUED
04/17/2018 N/A JE DEFENDANT'S MOTION IN LIMINE TO EXCLUDE CO-WORKER AND PATIENT OPINION TESTIMONY AND LETTERS OF REFERENCE REGARDING PLAINTIFF'S JOB PERFORMANCE AND MEMORANDUM IN SUPPORT, FILED 03/28/2018, IS HELD IN ABEYANCE. NOTICE ISSUED
04/17/2018 N/A JE DEFENDANT'S MOTION IN LIMINE TO LIMIT LAY AND EXPERT EVIDENCE OF FRONT PAY DAMAGES, FILED 03/28/2018, IS OVERRULED. NOTICE ISSUED
04/17/2018 N/A JE DEFENDANT'S MOTION IN LIMINE REGARDING EEOC CHARGE OF DISCRIMINATION, RECORD OF PROCEEDINGS AND PROBABLE CAUSE DETERMINATION, FILED 03/28/2018, IS GRANTED. NOTICE ISSUED
04/17/2018 N/A JE PLAINTIFF'S MOTION IN LIMINE REGARDING POST-EMPLOYMENT PATIENT MAILING, FILED 04/11/2018, IS GRANTED. NOTICE ISSUED
04/17/2018 N/A JE PLAINTIFF'S MOTION IN LIMINE REGARDING OMBUDSMAN REPORTS, FILED 04/09/2018, IS OVERRULED. NOTICE ISSUED
04/17/2018 N/A JE PLAINTIFF'S MOTION IN LIMINE REGARDING AGES OF OTHER PHYSICIANS OUTSIDE OF HNI, FILED 04/06/2018, IS GRANTED. NOTICE ISSUED
04/17/2018 N/A JE PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE, COMMENT OR ARGUMENT PERTAINING TO DEFENDANT'S UNASSERTED ADVICE-OF-COUNSEL DEFENSE, FILED 04/02/2018, IS GRANTED. NOTICE ISSUED
04/17/2018 N/A JE PLAINTIFF'S MOTION TO ENFORCE SUBPOENA DUCES TECUM AND TO COMPEL PRODUCTION DOCUMENTS PURSUANT TO OHIO R. EVID. 612, FILED 03/21/2018, IS HELD IN ABEYANCE. DEFENDANT TO PROVIDE EMAILS AND OTHER RELATED DOCUMENTS TO THE COURT FOR IN CAMERA INSPECTION. NOTICE ISSUED
04/17/2018 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION STIPULATED NOTICE OF DISMISSAL OF CLAIMS WITHOUT PREJUDICE
04/17/2018 N/A JE CASE CALLED FOR TRIAL ON 4/16/2018. JURY SELECTION IN PROGRESS. NOTICE ISSUED
04/15/2018 D1 MO MOTION FILED FOR D1 CLEVELAND CLINIC FOUNDATION STRIKE JURY DEMAND AS TO PROMISSORY ESTOPPEL CLAIM
04/15/2018 P1 OT GENERAL PLEADING FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S WITNESS LIST
04/15/2018 P1 OT GENERAL PLEADING FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S TRIAL EXHIBIT LIST
04/15/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S EXHIBIT LIST
04/15/2018 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S WITNESS LIST
04/15/2018 D1 BR BRIEF IN OPPOSITION FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE REGARDING OMBUDSMAN REPORTS AND ANONYMOUS THIRD-PARTY AND NON-WITNESS COMPLAINTS
04/15/2018 D1 BR BRIEF IN OPPOSITION FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE RE POST-EMPLOYMENT PATIENT MAILING
04/15/2018 P1 OT GENERAL PLEADING FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S INITIAL PROPOSED VOIR DIRE
04/15/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON MARY IANNONE
04/15/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON ARIC GREENFIELD, M.D.
04/15/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON STEVEN WEXBERG, M.D.
04/15/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON SVETLANA POMERANETS, M.D.
04/15/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON MICHAEL MILLSTEIN, M.D.
04/15/2018 P1 SR SUBPOENA FOR: ARIC GREENFIELD MD C/O ZASHIN & RICH; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: SVETLANA POMERANETS MD C/O ZASHIN & RICH; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA WITH DUCES TECUM SERVED ON CCF 30(B)(5) CORPORATE REPRESENTATIVE
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED .., CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA WITH DUCES TECUM SERVED ON CCF CUSTODIAN OF RECORDS
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON STEVEN WEXBERG, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON DANIEL SULLIVAN, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON LORI POSK, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON SVETLANA POMERANETS, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED .., CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON MICHAEL MILLSTEIN, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON ADRIANE LIOUDIS, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED .., CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON JOHN LAMPE, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON RUTH IMRIE, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON ARIC GREENFIELD, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED .., CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON PHILIP GOLDBERG, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON CHAD DEAL, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED ..., CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON CATHY COOPER, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON ABBY ABELSON, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON NANCY TICHY
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON JEFFREY RAVAS
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON MARY IANNONE
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED ..., CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON JAN HILL
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON JOSEPH HAHN, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON BRIAN DONLEY, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA WITH DUCES TECUM SERVED ON NANCY FISHER CRUM
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA WITH DUCES TECUM SERVED ON ROBERT COULTON
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON CYNTHIA CARTELLONE
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA WITH DUCES TECUM SERVED ON JOSEPH CABRAL
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON MICHAEL BENNINGER, M.D.
04/14/2018 P1 SR SUBPOENA SERVICE RETURN FILED, CHRISTOPHER P THORMAN (0056013) TRIAL SUBPOENA SERVED ON TOM ABELSON, M.D.
04/14/2018 P1 SR SUBPOENA FOR: JAN HILL; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: CATHY COOPER MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: PHILIP GOLDBERG MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: JOHN LAMPE MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: TOM ABELSON MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: STEVEN WEXBERG MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: MICHAEL MILLSTEIN MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: CLEVELAND CLINIC FOUNDATION, CORPORATE REP C/O JEFFREY J WEDEL ESQ; SERVED ON APRIL 10, 2018 AS FOLLOWS: EMAIL .
04/14/2018 P1 SR SUBPOENA FOR: DANIEL SULLIVAN MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: LORI POSK MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: ADRIANE LIOUDIS MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: CHAD DEAL MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: NANCY TICHY; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: MARY IANNONE; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: BRIAN DONLEY MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: NANCY FISHER CRUM; SERVED ON MARCH 20, 2018 AS FOLLOWS: HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: ROBERT COULTON; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: CYNTHIA CARTELLONE; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: JOSEPH CABRAL; SERVED ON JANUARY 3, 2018 AS FOLLOWS: HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: MICHAEL BENNINGER MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: JOSEPH HAHN MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: JEFFREY RAVAS; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: ABBY ABELSON MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/14/2018 P1 SR SUBPOENA FOR: RUTH IMRIE MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
04/13/2018 D1 MO MOTION FILED FOR D1 CLEVELAND CLINIC FOUNDATION MOTION TO QUASH SUBPOENA ISSUED TO CORPORATE REPRESENTATIVE-30(B)(5) FOR CLEVELAND CLINIC FOUNDATION
04/13/2018 D1 BR BRIEF IN OPPOSITION FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE AND TO ORDER DEFENDANT TO SHOW CAUSE WHY IT SHOULD NOT BE HELD IN CONTEMPT AND REQUEST FOR SANCTIONS
04/12/2018 P1 MO MOTION IN LIMINE MOTION IN LIMINE REGARDING JOINT STIPULATED NOTICE OF DISMISSAL OF FEDERAL CLAIMS
04/12/2018 P1 MO MOTION IN LIMINE MOTION IN LIMINE REGARDING ANONYMOUS THIRD-PARTY AND NON-WITNESS COMPLAINTS
04/11/2018 P1 MO MOTION IN LIMINE MOTION IN LIMINE REGARDING POST-EMPLOYMENT PATIENT MAILING 04/17/2018 - GRANTED
04/11/2018 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE REGARDING DISCOVERY ISSUES OR DISPUTES
04/10/2018 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE REGARDING EEOC CHARGE OF DISCRIMINATION, RECORD OR PROCEEDINGS AND PROBABLE CAUSE DETERMINATION
04/10/2018 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE REGARDING ME TOO EVIDENCE
04/10/2018 N/A NT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBITS OF NANCY FISHER CRUM FILED. (FILED UNDER SEAL)
04/09/2018 P1 MO MOTION IN LIMINE MOTION IN LIMINE AND TO ORDER DEFENDANT TO SHOW CAUSE WHY IT SHOULD NOT BE HELD IN CONTEMPT AND REQUEST FOR SANCTIONS
04/09/2018 D1 BR BRIEF IN OPPOSITION FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE, COMMENT OR ARGUMENT PERTAINING TO DEFENDANT'S UNASSERTED ADVICE-OF-COUNSEL DEFENSE
04/09/2018 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE CO-WORKER AND PATIENT TESTIMONY
04/09/2018 P1 MO MOTION IN LIMINE MOTION IN LIMINE REGARDING OMBUDSMAN REPORTS 04/17/2018 - DENIED
04/09/2018 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE REGARDING PROMISSORY ESTOPPEL EVIDENCE BARRED BY STATUTE OF LIMITATIONS
04/07/2018 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO LIMIT LAY AND EXPERT EVIDENCE OF FRONT PAY DAMAGES
04/07/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBITS OF NANCY FISHER CRUM
04/07/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ PLAINTIFF'S NOTICE OF FILING DEPOSITION EXHIBITS OF NANCY FISHER CRUM
04/07/2018 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF NANCY FISHER CRUM
04/06/2018 D1 MO MOTION IN LIMINE DEFENDANT'S MOTION IN LIMINE TO PROHIBIT PLAINTIFF FROM REFERENCING DISCOVERY ISSUES OR DISPUTES AT TRIAL AND MEMORANDUM IN SUPPORT 04/17/2018 - GRANTED
04/06/2018 P1 MO MOTION IN LIMINE MOTION IN LIMINE REGARDING AGES OF OTHER PHYSICIANS OUTSIDE OF HNI 04/17/2018 - GRANTED
04/05/2018 D1 MO MOTION IN LIMINE DEFENDANT'S MOTION IN LIMINE TO EXCLUDE ME TOO TESTIMONY AT TRIAL AND MEMORANDUM IN SUPPORT 04/17/2018 - HELD IN ABEYANCE
04/02/2018 P1 MO MOTION IN LIMINE MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE, COMMENT OR ARGUMENT PERTAINING TO DEFENDANT'S UNASSERTED ADVICE-OF-COUNSEL DEFENSE 04/17/2018 - GRANTED
03/28/2018 D1 MO MOTION IN LIMINE DEFENDANT'S MOTION IN LIMINE TO LIMIT LAY AND EXPERT EVIDENCE OF FRONT PAY DAMAGES 04/17/2018 - DENIED
03/28/2018 D1 MO MOTION IN LIMINE DEFENDANT'S MOTION IN LIMINE REGARDING PROMISSORY ESTOPPEL EVIDENCE BARRED BY STATUTE OF LIMITATIONS 04/17/2018 - GRANTED
03/28/2018 D1 MO MOTION IN LIMINE DEFENDANT'S MOTION IN LIMINE REGARDING EEOC CHARGE OF DISCRIMINATION, RECORD OF PROCEEDINGS AND PROBABLE CAUSE DETERMINATION 04/17/2018 - GRANTED
03/28/2018 D1 MO MOTION IN LIMINE DEFENDANT'S MOTION IN LIMINE TO EXCLUDE CO-WORKER AND PATIENT OPINION TESTIMONY AND LETTERS OF REFERENCE REGARDING PLAINTIFF'S JOB PERFORMANCE AND MEMORANDUM IN SUPPORT 04/17/2018 - HELD IN ABEYANCE
03/28/2018 D1 MO MOTION FILED FOR D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S MOTION TO BIFURCATE THE TRIAL ON THE ISSUE OF PUNITIVE DAMAGES AND MEMORANDUM IN SUPPORT 04/17/2018 - GRANTED
03/28/2018 D1 BR BRIEF IN OPPOSITION FILED BY D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO ENFORCE SUBPOENA AND COMPEL PRODUCTION OF DOCUMENTS
03/28/2018 D1 MO MOTION FILED FOR D1 CLEVELAND CLINIC FOUNDATION DEFENDANT'S MOTION TO QUASH TRIAL SUBPOENA
03/21/2018 P1 MO MOTION FILED FOR P1 DR. ROBERT KATZ PLAINTIFF'S MOTION TO ENFORCE SUBPOENA DUCES TECUM AND TO COMPEL PRODUCTION DOCUMENTS PURSUANT TO OHIO R. EVID. 612 04/17/2018 - HELD IN ABEYANCE
01/30/2018 N/A NT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBITS OF TOM ABELSON, M.D. FILED
01/30/2018 N/A NT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF CYNTHIA CARTELLONE FILED
01/30/2018 N/A NT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF JAN HILL/DEFENDANT'S 30(B)(5) REPRESENTATIVE FILED
01/30/2018 N/A NT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBITS OF JOSEPH CABRAL FILED
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION EXHIBITS OF BRAIN DONLEY VOLUME II
01/25/2018 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF BRIAN DONLEY VOLUME II
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF JAN HILL-DEFENDANT'S 30(B)(5) REPRESENTATIVE
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION EXHIBITS OF JAN HILL-DEFENDANT'S 30(B)(5) REPRESENTATIVE
01/25/2018 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF JAN HILL-DEFENDANT'S 30(B)(5) REPRESENTATIVE
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF CYNTHIA CARTELLONE
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION EXHIBITS OF CYNTHIA CARTELLONE
01/25/2018 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF CYNTHIA CARTELLONE
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF TOM ABELSON, M.D.
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION EXHIBITS OF TOM ABELSON, M.D.
01/25/2018 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF TOM ABELSON, M.D.
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBITS OF JOSEPH CABRAL
01/25/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION EXHIBITS OF JOSEPH CABRAL
01/25/2018 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF JOSEPH CABRAL
01/14/2018 P1 SR SUBPOENA FOR: STEVEN WEXBERG MD; SERVED ON APRIL 4, 2018 AS FOLLOWS: EMAIL AND HAND DELIVERY .
01/11/2018 N/A JE FINAL PRETRIAL HELD ON 1/10/2018. ALL PARTIES APPEARED. THE TRIAL OF 1/22/2018 IS CANCELED AND CONTINUED TO 4/16/2018. TRIAL SCHEDULING WAS DISCUSSED AND THE COURT FINDS THAT IF PLAINTIFF CALLS A DOCTOR WITNESS AS IF ON CROSS, THE DEFENDANT MAY CONDUCT DIRECT EXAMINATION OF THAT WITNESS AT THAT TIME. NOTICE ISSUED
01/11/2018 N/A SC TRIAL SET FOR 04/16/2018 AT 10:00 AM. (Notice Sent).
01/11/2018 N/A SC TRIAL SCHEDULED FOR 01/22/2018 AT 10:00 AM IS CANCELLED.
01/09/2018 N/A JE OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT. O.S.J. NOTICE ISSUED
01/08/2018 D1 BR REPLY BRIEF FILED BY D1 CLEVELAND CLINIC FOUNDATION JEFFREY J WEDEL 0041778 DEFENDANT'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT
01/08/2018 N/A OT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF MARY IANNONE, FILED.... LARA S NOCHOMOVITZ (0096131) ***FILED UNDER SEAL***
01/05/2018 P1 BR REPLY BRIEF FILED BY P1 DR. ROBERT KATZ LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S REPLY BRIEF IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT
01/05/2018 N/A JE UPON ORAL REQUEST, DEFENDANT IS GRANTED LEAVE TO FILE ITS REPLY BRIEF ON 1/8/2018. NOTICE ISSUED
01/05/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF MARY IANNONE
01/05/2018 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION EXHIBIT OF MARY IANNONE
01/02/2018 D1 NT NOTICE OF APPEARANCE, FILED D1 CLEVELAND CLINIC FOUNDATION DAVID P FRANTZ 0091352. NOTICE OF APPEARANCE OF COUNSEL
12/28/2017 N/A OT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBITS TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, FILED.... LARA S NOCHOMOVITZ *****FILED UNDER SEAL*****
12/28/2017 N/A OT PLAINTIFF'S NOTICE OF FILING UNDER SEAL STIPULATED DOCUMENTS TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, FILED.... LARA S NOCHOMOVITZ ****FILED UNDER SEAL****
12/26/2017 N/A OT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF JEFFREY RAVAS, FILED..... LARA S NOCHOMOVITZ **** FILED UNDER SEAL****
12/26/2017 N/A JE UPON PLAINTIFF'S ORAL REQUEST, THE BRIEF IN OPPOSITION DEADLINE IS EXTENDED TO 12/22/2017. REPLY BRIEFS ARE DUE BY 1/5/2018. NOTICE ISSUED
12/22/2017 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL STIPULATED DOCUMENTS TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
12/22/2017 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBITS TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
12/22/2017 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY CHRISTOPHER P THORMAN 0056013 PLAINTIFF'S NOTICE OF FILING EXHIBITS 12 AND 13 TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
12/22/2017 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ CHRISTOPHER P THORMAN 0056013 PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
12/22/2017 N/A NT PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF BRIAN DONLEY, FILED UNDER SEAL
12/21/2017 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF JEFFREY RAVAS
12/21/2017 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFFS NOTICE OF FILING DEPOSITION EXHIBITS OF JEFFREY RAVAS
12/21/2017 P1 SR SUBPOENA SERVICE RETURN FILED DR ROBERT KATZ, CHRISTOPHER P THORMAN (0056013) DEPOSITION SUBPOENA WITH DUCES TECUM SERVED ON JOSEPH CABRAL
12/21/2017 D1 BR BRIEF IN OPPOSITION FILED BY D1 CLEVELAND CLINIC FOUNDATION JEFFREY J WEDEL 0041778 DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S PARTIAL MOTION FOR SUMMARY JUDGMENT
12/21/2017 P1 SR SUBPOENA FOR: JOSEPH CABRAL; SERVED ON OCTOBER 2, 2017 AS FOLLOWS: PERSONAL SERVICE .
12/20/2017 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL DEPOSITION EXHIBIT OF BRIAN DONLEY
12/20/2017 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT AND EXHIBITS OF BRIAN DONLEY
12/20/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF VIDEO DEPOSITION OF NANCY FISHER CRUM TO BE USED AT TRIAL
12/19/2017 N/A JE MOTION FOR SHORT EXTENSION OF DEADLINES, FILED 12/13/2017, IS GRANTED. BRIEFS IN OPPOSITION TO RESPECTIVE DISPOSITIVE MOTIONS ARE DUE 12/21/2017. REPLY BRIEFS ARE DUE 1/3/2018. NOTICE ISSUED
12/19/2017 D1 MO MOTION FILED FOR D1 CLEVELAND CLINIC FOUNDATION JEFFREY J WEDEL 0041778 MOTION TO SUBSTITUTE EXHIBITS FF, GG AND HH IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WITH OFFICIAL TRANSCRIPTS OF RECORDED EXHIBITS AND MOTION TO FILE UNDER SEAL 01/11/2018 - UNKNOWN
12/18/2017 D1 NT NOTICE OF APPEARANCE, FILED D1 CLEVELAND CLINIC FOUNDATION LISA A KAINEC 0061551. NOTICE OF APPEARANCE OF COUNSEL
12/13/2017 P1 MO MOTION FOR EXTENSION OF TIME JOINT MOTION FOR SHORT EXTENSION OF DEADLINES 12/19/2017 - GRANTED
12/07/2017 N/A JE TELEPHONE CONFERENCE HELD ON 12/5/2017. ALL PARTIES APPEARED AND DISCUSSED OUTSTANDING DISCOVERY ISSUES. IN REGARD TO BATES NUMBERED PAGE 3870, THE COURT RULES THAT PLAINTIFF IS TO RECEIVE AN UNREDACTED COPY AS IT IS NOT ATTORNEY-CLIENT PRIVILEGE. NOTICE ISSUED
11/30/2017 N/A JE TELEPHONE CONFERENCE SET FOR 12/05/2017 AT 02:15 PM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8643. NOTICE ISSUED
11/29/2017 D1 NT NOTICE OF APPEARANCE, FILED D1 CLEVELAND CLINIC FOUNDATION JEFFREY J WEDEL 0041778. NOTICE OF APPEARANCE OF COUNSEL
11/21/2017 N/A SC TELEPHONE CONFERENCE SET FOR 11/28/2017 AT 03:00 PM. (Notice Sent).
11/17/2017 P1 MO MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH BRIEF IN SUPPORT 01/11/2018 - UNKNOWN
11/17/2017 D1 MO MOTION FOR SUMMARY JUDGMENT FILED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 01/11/2018 - UNKNOWN
11/16/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF FILING DEPOSITION TRANSCRIPT OF NANCY TICHY
11/16/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF FILING DEPOSITION TRANSCRIPT OF ROBERT COULTON
11/16/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF FILING DEPOSITION TRANSCRIPT OF JEFFREY RAVAS
11/16/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF FILING DEPOSITION TRANSCRIPT OF JOSEPH HAHN, M.D.
11/16/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF FILING DEPOSITION TRANSCRIPT OF MARY IANNONE
11/16/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF FILING DEPOSITION TRANSCRIPTS VOL. I AND II OF MICHAEL BENNINGER, M.D.
11/16/2017 D1 NT NOTICE FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 NOTICE OF FILING DEPOSITION TRANSCRIPTS VOL. I AND II OF ROBERT KATZ, M.D.
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS OF NANCY TICHY
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS OF ROBERT COULTON - 2 OF 2
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS OF ROBERT COULTON - 1 OF 2
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS OF JEFFREY RAVAS
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS OF JOSEPH HAHN, M.D.
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS OF MARY IANNONE
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS VOL. II OF MICHAEL BENNINGER, M.D.
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS VOL. I OF MICHAEL BENNINGER, M.D.
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS VOL. II OF ROBERT KATZ, M.D.
11/16/2017 D1 NT TRANSCRIPT FILED D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 DEPOSITION TRANSCRIPT AND EXHIBITS VOL. I OF ROBERT KATZ, M.D.
11/06/2017 N/A SC FINAL PRETRIAL SCHEDULED FOR 11/08/2017 AT 02:30 PM IS CANCELLED.
11/06/2017 N/A SC TRIAL SCHEDULED FOR 11/27/2017 AT 10:00 AM IS CANCELLED.
09/19/2017 N/A JE PLAINTIFF'S UNOPPOSED MOTION FOR COMMISSION FOR ISSUANCE OF A FOREIGN SUBPOENA DUCES TECUM ON JOSEPH CABRAL, FILED 09/18/2017, IS GRANTED. O.S.J. NOTICE ISSUED
09/18/2017 P1 MO MOTION FILED FOR P1 DR. ROBERT KATZ CHRISTOPHER P THORMAN 0056013 PLAINTIFF'S UNOPPOSED MOTION FOR COMMISSION FOR ISSUANCE OF A FOREIGN SUBPOENA DUCES TECUM ON JOSEPH CABRAL 09/19/2017 - GRANTED
09/01/2017 N/A JE TELEPHONE CONFERENCE HELD ON 8/31/2017. ALL PARTIES APPEARED. THE PARTIES AGREED TO THE FOLLOWING NEW LITIGATION SCHEDULE: DEFENDANT'S EXPERT REPORT DUE 11/1/2017. CONTINUING DISCOVERY. DISPOSITIVE MOTION DUE 11/17/2017; BRIEF IN OPPOSITION DUE 12/18/2017; REPLY BRIEF DUE 12/29/2017. FINAL PRETRIAL SET FOR 01/10/2018 AT 03:00 PM. TRIAL SET FOR 01/22/2018 AT 10:00 AM. NOTICE ISSUED
08/29/2017 D1 MO MOTION FILED FOR D1 CLEVELAND CLINIC FOUNDATION JEFFREY J WEDEL 0041778 DEFENDANT'S MOTION FOR LEAVE TO REPLY INSTANTER TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR EXTENSION OF DEADLINES WITH ALTERNATIVE PROPOSED DEADLINES 09/01/2017 - MOOT
08/18/2017 P1 BR BRIEF IN OPPOSITION FILED BY P1 DR. ROBERT KATZ CHRISTOPHER P THORMAN 0056013 BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR EXTENSION OF DEADLINES WITH ALTERNATIVE PROPOSED DEADLINES
08/11/2017 D1 MO MOTION FOR EXTENSION OF TIME DEFENDANT'S MOTION FOR EXTENSION OF DEADLINES 09/01/2017 - GRANTED
06/27/2017 N/A JE THE COURT HAS REVIEWED THE RATHER EXTENSIVE BRIEFING AND ATTACHMENTS TO THE PARTIES' MOTION TO COMPEL DISCOVERY. IT SEEMS FROM THE DETAILED EXPLANATION THAT THE PLAINTIFF ALREADY HAS A GREAT DEAL OF INFORMATION PROVIDED THROUGH DISCOVERY AND HAS TAKEN A VERY FIRM POSITION ON THE MERITS OF HIS CASE. DUE TO SOME OF THE TERMINOLOGY USED BY THE PARTIES AND WITHOUT HAVING FAMILIARITY WITH THE "IN HOUSE" MANNER OF KEEPING INFORMATION BY THE DEFENDANT, THE COURT IS LIMITED IN BEING ABLE TO SPECIFICALLY ORDER CERTAIN DISCOVERY. THE FOLLOWING ORDERS ARE INTENDED TO REQUIRE CERTAIN INFORMATION, IF NOT ALREADY PROVIDED, TO BE TURNED OVER TO THE PLAINTIFF IN TERMS WHICH ARE UNFORTUNATELY MORE GENERAL THAN WILL MEET THE PARTIES' MORE INTIMATE KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES OF THIS CASE BUT WHICH WILL HOPEFULLY ALLOW THE DISCOVERY TO BE COMPLETED. ALL OF THIS DISCOVERY IS LIMITED UP TO THE DATE OF DR. KATZ DISMISSAL FROM DEFENDANT. 1. COMPARATORS: DEFENDANT IS TO PROVIDE COMPARATIVE INFORMATION CONCERNING DOCTORS IN THE HEAD AND NECK INSTITUTE ONLY, AND AS BEST AS CAN BE DONE, THAT INFORMATION IS TO ALLOW A DIRECT COMPARISON WITH THE POSITION OF DR. KATZ OR TO PROVIDE THE DETAIL TO SHOW THE DIFFERENCES BETWEEN THE POSITIONS. 2. BALANCED SCORECARDS: FROM THE BRIEFING, IT APPEARS THAT THESE HAVE BEEN PROVIDED, BUT IF NOT, AGAIN THOSE SCORECARDS FOR THE DOCTORS IN THE HEAD AND NECK INSTITUTE ARE TO BE PROVIDED. 3. DEFENDANT IS NOT REQUIRED TO PROVIDE THE "SIX MONTH LETTERS." 4. THE METADATA FOR THE "TICHY" LETTER OF DECEMBER 31, 2014, IS TO BE PROVIDED. IT IS IRRELEVANT THAT AN IN-HOUSE ATTORNEY DRAFTED THE LETTER. IT WAS SENT OUT BY TICHY AND THERE IS NO ATTORNEY-CLIENT PRIVILEGE. FURTHER, FROM THE PLAINTIFF'S BRIEF, THE ONLY ISSUE IS THE DATE OF PREPARATION OF THE LETTER. 5. GENERAL POLICIES: POLICY INFORMATION AS REQUESTED IS LIMITED TO POLICIES OF THE HEAD AND NECK INSTITUTE AND ANY OVERLAPPING GENERAL POLICIES OF THE DEFENDANT AS WOULD BE APPLICABLE TO DR. KATZ AND THE HEAD AND NECK INSTITUTE. DEFENDANT IS NOT REQUIRED TO PROVIDE EVERY POLICY AND PROCEDURE IN GENERAL. 6. HIPPA DOCUMENTS: DEFENDANT IS NOT REQUIRED, AND IS NOT PERMITTED WITHOUT EXPRESS AUTHORIZATION FROM THE PATIENT, TO RELEASE DOCUMENTS THAT WOULD VIOLATE HIPPA. IF THERE ARE ANY SUCH RECORDS WHERE THE COURT MAY HOLD AN IN CAMERA INSPECTION, THOSE RECORDS SHOULD BE PROVIDED TO THE COURT UNDER SEAL. THE COURT FINDS THAT THESE WERE LEGITIMATE POINTS OF CONTENTION BETWEEN THE PARTIES AND THAT THE PARTIES HAVE EARNESTLY COMPLIED WITH THE LOCAL RULES PRIOR TO PRESENTING THESE ISSUES TO THE COURT. NOTICE ISSUED
06/13/2017 D1 BR REPLY BRIEF FILED BY D1 CLEVELAND CLINIC FOUNDATION JEFFREY J WEDEL 0041778 DEFENDANT'S REPLY TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY
06/13/2017 P1 BR REPLY BRIEF FILED BY P1 DR. ROBERT KATZ CHRISTOPHER P THORMAN 0056013 REPLY IN SUPPORT OF MOTION TO COMPEL DISCOVERY
06/09/2017 P1 OT PLAINTIIFFS NOTICE OF FILING UNDER SEAL EXHIBITS TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND BRIEF IN SUPPORT OF MOTION TO COMPEL DISCOVERY FILED. CHRISTOPHER P THORMAN (0056013) (UNDER SEAL) EXHIBITS ATTACHED
06/07/2017 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, CHRISTOPHER P THORMAN 0056013 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF MARY IANNONE
06/07/2017 P1 NT NOTICE OF AND TRANSCRIPT FILED P1 DR. ROBERT KATZ, CHRISTOPHER P THORMAN 0056013 PLAINTIFF'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF MICHAEL BENNINGER, M.D.
06/07/2017 P1 NT NOTICE FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 PLAINTIFF'S NOTICE OF FILING UNDER SEAL EXHIBITS TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND BRIEF IN SUPPORT OF MOTION TO COMPEL DISCOVERY
06/07/2017 N/A JE PARTIES' JOINT MOTION FOR PROTECTIVE ORDER, FILED 6/6/2017, IS GRANTED. O.S.J. NOTICE ISSUED
06/06/2017 P1 MO MOTION FILED FOR P1 DR. ROBERT KATZ LARA S NOCHOMOVITZ 0096131 JOINT MOTION FOR PROTECTIVE ORDER 06/07/2017 - GRANTED
05/31/2017 P1 OT GENERAL PLEADING FILED BY P1 DR. ROBERT KATZ ATTORNEY LARA S NOCHOMOVITZ 0096131 MOTION TO COMPEL DISCOVERY AND BRIEF IN SUPPORT OF MOTION TO COMPEL DISCOVERY
05/31/2017 D1 OT GENERAL PLEADING FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 MEMORANDUM TO ADDRESS DISCOVERY ISSUES
05/23/2017 N/A JE ATTORNEY CONFERENCE HELD ON 5/12/2017. ALL PARTIES APPEARED. CROSS-MOTIONS ON DISCOVERY DUE 5/31/2017. REPLY BRIEFS DUE 6/9/2017. NOTICE ISSUED
05/10/2017 N/A JE TELEPHONE CONFERENCE HELD ON 5/5/2017. ALL PARTIES APPEARED. ATTORNEY CONFERENCE SET FOR 05/12/2017 AT 02:00 PM. NOTICE ISSUED
05/03/2017 N/A JE TELEPHONE CONFERENCE SET FOR 05/05/2017 AT 11:45 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8643. NOTICE ISSUED
05/01/2017 N/A JE TELEPHONE CONFERENCE HELD ON 4/27/2017. ALL PARTIES APPEARED AND AGREED TO THE FOLLOWING SCHEDULE: DISCOVERY CUTOFF 7/14/2017. PLAINTIFF'S EXPERT REPORT DUE 7/14/2017. DEFENDANT'S EXPERT REPORT DUE 9/14/2017. DISPOSITIVE MOTION DUE 8/18/2017; BRIEF IN OPPOSITION DUE 9/18/2017; REPLY BRIEF DUE 10/2/2017. FINAL PRETRIAL SET FOR 11/08/2017 AT 02:30 PM. TRIAL SET FOR 11/27/2017 AT 10:00 AM. NOTICE ISSUED
04/20/2017 P1 NT NOTICE OF APPEARANCE, FILED P1 DR. ROBERT KATZ LARA S NOCHOMOVITZ 0096131. NOTICE OF APPEARANCE
02/09/2017 N/A JE TELEPHONE CONFERENCE HELD ON 2/8/2017. ALL PARTIES APPEARED. DISCOVERY TO CONTINUE. TELEPHONE CONFERENCE SET FOR 04/27/2017 AT 01:30 PM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8643. NOTICE ISSUED
01/20/2017 P1 NT NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION
11/18/2016 N/A JE TELEPHONE CMC HELD ON 11/16/2016. ALL PARTIES APPEARED. DISCOVERY ONGOING. TELEPHONE CONFERENCE SET FOR 02/08/2017 AT 02:00 PM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8643. NOTICE ISSUED
10/25/2016 N/A SR SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MACKEIGAN/JESSICA/L 10/25/2016 17:06:07
10/25/2016 N/A SR SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR THORMAN/CHRISTOPHER/P 10/25/2016 17:06:07
10/25/2016 N/A SR SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR WEDEL/JEFFREY/J 10/25/2016 17:06:07
10/25/2016 N/A SC CMC BY PHONE SET FOR 11/16/2016 AT 03:15 PM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL AND CONTACT THE COURT AT (216) 443-8643. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY AND SCHEDULING MATTERS.
09/27/2016 D1 AN ANSWER FILED BY D1 CLEVELAND CLINIC FOUNDATION ATTORNEY JEFFREY J WEDEL 0041778 ANSWER OF DEFENDANT THE CLEVELAND CLINIC FOUNDATION
08/31/2016 N/A SR FEDEX RECEIPT NO. 30057805 DELIVERED BY FEDEX 08/30/2016 CLEVELAND CLINIC FOUNDATION PROCESSED BY COC 08/31/2016.
08/29/2016 N/A SR SUMMONS E-FILE COPY COST
08/29/2016 D1 CS WRIT FEE
08/29/2016 D1 SR SUMS COMPLAINT(30057805) SENT BY FEDERAL EXPRESS. TO: CLEVELAND CLINIC FOUNDATION 1300 EAST NINTH STREET CLEVELAND, OH 44114
08/26/2016 N/A SF JUDGE MATTHEW A MCMONAGLE ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE ROBERT C MCCLELLAND
08/26/2016 N/A SF JUDGE MATTHEW A MCMONAGLE ASSIGNED (RANDOM)
08/26/2016 P1 SF LEGAL RESEARCH
08/26/2016 P1 SF LEGAL NEWS
08/26/2016 P1 SF LEGAL AID
08/26/2016 P1 SF COURT SPECIAL PROJECTS FUND
08/26/2016 P1 SF COMPUTER FEE
08/26/2016 P1 SF CLERK'S FEE
08/26/2016 P1 SF DEPOSIT AMOUNT PAID CHRISTOPHER P THORMAN
08/26/2016 N/A SF CASE FILED: COMPLAINT

Outcome: Plaintiff's verdict for $1.95 million in compensatory damages, $325,000 in damages for emotional distress and $26.4 million in punitive damages.

Plaintiff's Experts:

Defendant's Experts:

Comments:



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