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14-1382 - Gierer v. Rehab Medical, Inc. et al


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14-1382 - Gierer v. Rehab Medical, Inc. et al
December 21, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants' motion to dismiss is GRANTED in part and DENIED in part. [Doc. 35] The motion is GRANTED as to plaintiff's claim for punitive damages under the False Claims Act (Count I), and GRANTED as to plaintiff's claim against defendant Jenna Domeck for wrongful termination in violation of public policy (Count IV). The motion is DENIED in all other respects. An appropriate Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 12/21/15. (JWD)
June 16, 2016
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MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that Defendant's Motion to Compel Plaintiff's Medical Records (Doc. 67) is GRANTED, and Plaintiff shall provide full and complete answers to Defendant's Interrogatory Nos. 22 and 23, and provide a full and complete response to Defendant's Request for Production No. 33 and all requested information and documents, including authorizations for medical record collection regarding medical treatment Plaintiff received from January 1, 2005 to the present. IT IS FURTHER ORDERED that Plaintiff shall provide such answers, responses, documents and authorizations by June 30, 2016. IT IS FURTHER ORDERED that Defendant's Motion To Conduct Rule 35 Mental Examination of Plaintiff (Doc. 70) is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall undergo a mental examination in accordance with Defendant's Notice of Rule 35 Mental Examination, on a date and at a time mutually agreeable to the parties. IT IS FURTHER ORDERED that by June 30, 2016, defendant shall submit a verified statement of its reasonable expenses, including attorneys' fees, incurred in connection with the Motion to Compel Plaintiff's Medical Records. IT IS FURTHER ORDERED that within seven (7) days of the filing of Defendant's verified statement, plaintiff may file a written response showing justification under Rule 37(a)(5)(A) why the Court should not order her to pay defendant's reasonable expenses, including attorneys' fees, incurred in connection with the Motion to Compel Plaintiffs Medical Records. ( Response to Court due by 6/30/2016.) Signed by District Judge Charles A. Shaw on 6/16/2016. (MRC)
October 18, 2016
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[VACATED - see Order Doc. 99 ] MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that plaintiff's motion for leave to amend the complaint to conform to the evidence is GRANTED. [Doc. 87] IT IS FURTHER ORDERED that the Clerk of Court shall detach and docket plaintiff's third amended complaint, which was attached as an exhibit to plaintiff's motion for leave. IT IS FURTHER ORDERED that defendant's cross motion for sanctions is DENIED. [Doc. 88] Signed by District Judge Charles A. Shaw on 10/18/2016. (MRC) Modified on 10/18/2016 (MRC).
October 20, 2016
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2016 to file a corrected third amended complaint in compliance with this Memorandum and Order. IT IS FURTHER ORDERED that defendant's cross motion for sanctions is DENIED. [Doc. 88] Response to Court due by 10/24/2016. Signed by DisMEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that plaintiff's motion for leave to amend the complaint to conform to the evidence is GRANTED. [Doc. 87] IT IS FURTHER ORDERED that plaintiff shall have to and including October 24,trict Judge Charles A. Shaw on 10/20/2016. (MRC)
March 14, 2017
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendant Rehab Medical, Inc.'s motion for summary judgment is GRANTED in part and DENIED in part as moot. [Doc. 118] The motion is GRANTED as to plaintiff's claim for retaliation under the False Claims Act (Count I), and DENIED as moot in all other respects. [Doc. 118] IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over plaintiff's remaining state law claims for unpaid commissions under Missouri Revised Statute ยง 407.913 (Count II), unjust enrichment (Count III), and wrongful termination in violation of public policy (Count IV), and these claims are DISMISSED without prejudice. IT IS FURTHER ORDERED that all other pending motions are DENIED as moot. [Docs. 108, 133] A Judgment and Order of Dismissal will accompany this Memorandum and Order.. Signed by District Judge Charles A. Shaw on 3/14/2017. (MRC)
March 20, 2018
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that defendant's motion for bill of costs is GRANTED in part and DENIED in part, as set forth above. [Doc. 139] IT IS FURTHER ORDERED that the Clerk of the Court shall tax costs in favor of defendant Rehab Medical, Inc. and against plaintiff in the total amount of Three Thousand Nine Hundred Eight Dollars and Seventy-Three Cents ($3,908.73). [Doc. 139] Signed by District Judge Charles A. Shaw on 3/20/2018. (MRC)