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15-1389 - PROASSURANCE INDEMNITY COMPANY, INC. v. WAGONER et al


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15-1389 - PROASSURANCE INDEMNITY COMPANY, INC. v. WAGONER et al
January 19, 2016
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MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson on 1/19/2016. On January 19, 2016, the Court held a hearing on Plaintiff's Motion for Default Judgment as to pro se Defendant Thomas K. Hewitt. [Filing No. 59.] Plaintiff appeared by counsel Brett Clayton. Mr. Hewitt appeared on his own behalf in person. The other parties were not required to attend. [Filing No. 65.] The Court DENIED Plaintiff's Motion for Default Judgment. [Filing No. 59.] The Court ORDERED Mr. Hewitt to file an Answer to Plaintiff's Complaint with the Court within 10 days. The Court directs the Clerk to REMOVE Mr. Hewitt as a Crossclaim-Defendant listed on the Court's docket until such time as Crossclaim-Plaintiff Stephen Robertson, Commissioner of the Indiana Department of Insurance and Administrator of the Indiana Patient's Compensation Fund, demonstrates proper service upon Mr. Hewitt. Signed by Judge Jane Magnus-Stinson on 1/19/2016. Copy sent to Mr. Hewitt via U.S. Mail. (Court Reporter Jean Knepley.) (BGT)
August 9, 2017
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st of physicians, physician assistants, a registered nurse, various medical centers, and the Administrator of the Indiana Patient's Compensation Fund. "The purpose of summary judgment is to 'pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.'" In this case, the existence of several genuine issues of material fact demonstrates the genuine need for a trial. The Wagoner Defendants' Cross-Motion for Summary Judgment, [Filing No. 185], and Mr. Thomas' Cross-Motion for Summary Judgment, [Filing No. 187], are DENIED. ProAssurance's Motion for Summary Judgment, [Filing No. 174], is GRANTED in part and DENIED in part, with Summary Judgment being granted only on the limited issue of the effect of Defendants' guilty pleas. The Wagoner Defendants' and Mr. Thomas' objection to the admission of the Report from Dr. Timothy King, [Filing No. 186 at 6, n. 2], is OVERRULED. Mr. Thomas' objection to the admission of the Recommendation of Plea Agreement concerning Mr. Thomas, [Filing No. 188 at 3, n.1], is SUSTAINED. ProAssurance's objections to various factual representations in the Cross-Motions for Summary Judgment, [Filing No. 195 at 3-21], are DENIED as moot. ProAssurance's Motion to Strike, [Filing No. 200], is DENIED as moot. ProAssurance's Motion to Supplement Summary Judgment Exhibits and Evidence Designations, [Filing No. 204], is DENIED as moot. (See Order). As a final matter, the Court requests that the Magistrate Judge set a settlement conference with the parties at his earliest convenience. Copies mailed to pro se litigants. Signed by Judge Jane Magnus-Stinson on 8/9/2017. (APD) Modified on 8/9/2017 (APD).ORDER - In the matter before the Court, Plaintiff ProAssurance Indemnity Company, Inc. ("ProAssurance") seeks to rescind and have the Court declare various professional medical liability insurance policies void ab initio under Indiana law. The policies span from 2001 to 2013, during which time ProAssurance alleges that several Defendants made material misrepresentations and omissions related to the illegal prescription of scheduled controlled substances. The Defendants consi