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12-026 - Medical Center at Elizabeth Place LLC v. MedAmerica Health Systems Corporation et al


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12-026 - Medical Center at Elizabeth Place LLC v. MedAmerica Health Systems Corporation et al
August 30, 2012
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ORDER THAT DEFENDANTS' MOTION TO DISMISS (Doc. 22) IS DENIED. Signed by Judge Timothy S. Black on 8/30/12. (mr1)
May 24, 2013
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STIPULATED ORDER GOVERNING PRODUCTION OF HARD COPY DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. Signed by Judge Timothy S. Black on 5/24/2013. (mr1)
October 16, 2013
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' AND PLAINTIFF'S MOTIONS TO COMPEL (Docs. 59 and 63). Signed by Judge Timothy S. Black on 10/16/2013. (mr1)
May 26, 2017
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ORDER granting 188 Motion to File Document Under Seal. Signed by Judge Walter H. Rice on 5/26/2017. (pb)
June 6, 2017
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ENTRY MEMORIALIZING MAY 12, 2017. CONFERENCE CALL - During a conference call held on May 12, 2017, the following topics were discussed: As previously scheduled, a Final Pretrial Conference will be held on August 4, 2017, at 1 :30 p.m., and Trial will commence on August 14, 2017. The Court will meet with counsel each day at 8:45 a.m. Trial will be held from 9:15 a.m.-4:30 p.m. Mondays through Thursdays, and 9:15 a.m.-12:15 p.m. on Fridays, with a one hour break for lunch. Eight jurors will be seated, along with four-to-six alternates. The juryvenire will consist of at least 60-70 individuals who have been prescreenedfor scheduling conflicts. Each side shall be given three peremptory challenges for the panel of eight jurors, plus two more peremptory challenges for the alternate jurors. No later than July 17, 2017, counsel shall submit, for the Court's review, a jointly-prepared supplemental juror questionnaire, which will be mailed to all prospective jurors on July 31, 2017. No later than August 7, 2017, counsel may also submit a list of questions that they would like the Court to ask during voir dire. As previously agreed, the deadline for challenging removal of confidential designations of deposition testimony and deposition exhibits is June 28, 2017. Objections to trial exhibits are due by July 26, 2017. To the extent possible, the Court will make preliminary rulings on admissibility prior to trial. In order to preserve the August 14, 2017, trial date, counsel of the issues for trial might be prudent. Signed by Judge Walter H. Rice on 6/5/2017. (srb)will bring any unresolved issues to the Court's attention as soon as possible. Counsel has requested daily trial transcripts, which the Court is able to provide. Counsel shall make arrangements with the Courtroom Deputy to test audiovisual equipment at least one week prior to trial. Prior to the trial testimony of each expert witness, counsel may present to the jury a 2-5 minute overview of what they anticipate that expert witness to say. Counsel will consider whether bifurcation of any
June 19, 2017
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ORDER granting 192 Motion to File Document Under Seal (Joint Motion). Signed by Judge Walter H. Rice on 6/19/17. (pb)
August 8, 2017
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ORDER GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL DEFENDANTS' LIST OF CAUSE OBJECTIONS TO AUGUST 4, 2017 LIST OF POTENTIAL JURORS granting 257 Motion to File Document Under Seal. Signed by Judge Walter H. Rice on 8/8/2017. (pb)
August 9, 2017
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CY (DOC. #194); OVERRULING AS MOOT DEFENDANTS' SEALED MOTION TO PRECLUDE LAY WITNESS THOMAS MALLON FROM TESTIFYING ON DAMAGES (DOC. #199), DEFENDANTS' MOTION TO EXCLUDE PREJUDGMENT INTEREST FROM PLAINTIFF'S CALCULATION OF DAMAGES (DOC. #200), DEFENDANTS' SEALED MOTION TO EXCLUDE TESTIMONY OF DR. HARRY E. FRECH III ON DAMAGES (DOC. #205), DEFENDANTS' SEALED MOTION TO EXCLUDE OPINIONS OF PLAINTIFF'S DAMAGES EXPERT HARRY E. FRECH, III, FOR FAILURE TO COMPLY WITH FED. R. CIV. P. 26(e) AND 26(a)(2)(B) (DOC. #201 ), DEFENDANTS' SEALED MOTION TO EXCLUDE TESTIMONY RELATING TO PREMIER'S CASH RESERVES (DOC. #202), DEFENDANTS' SEALED MOTION TO EXCLUDE TESTIMONY ABOUT CATHOLIC HEALTH INITIATIVES (DOC. #203), DEFENDANTS' SEALED MOTION TO EXCLUDE TESTIMONY OF JAMES L. WATSON (DOC. #204), DEFENDANTS' SEALED MOTION TO EXCLUDE TESTIMONY REGARDING HEARSAY FROM NON-TESTIFYING PHYSICIANS (DOC. #206), DEFENDANTS' SEALED MOTION IN LIMINE TO EXCLUDE HEARSAY OF MANAGED CARE FACILITY REPRESENTATIVES (DOC. #208), PLAINTIFF THE MEDICAL CENTER AT ELIZABETH PLACE'S MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE OF DEFENDANTS' PURPORTED JUSTIFICATIONS FOR THEIR ANTICOMPETITIVE CONDUCT (DOC. #210), AND PLAINTIFF THE MEDICAL CENTER AT ELIZABETH PLACE'S SEALED MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE OF KETTERING HEALTH NETWORK'S NON-COMPETE PROVISIONS (DOC. #211 ); DISMISSING PLAINTIFF'S SHERMAN ACT CLAIM WITH PREJUDICE; JUDGMENTTO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF;TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/9/17. (kma) Modified on 8/9/2017 (kma).DECISION AND ENTRY SUSTAINING DEFENDANTS' MOTION TO CLARIFY ISSUES FOR TRIAL (DOC. #195), WHICH THE COURT CONSTRUES AS A MOTION FOR RECONSIDERATION OF JUDGE TIMOTHY BLACK'S OCTOBER 6, 2016, SEALED ORDER RESOLVING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOC. #183); SUSTAINING DEFENDANTS' SEALED MOTION TO PRECLUDE TRIAL OF UNPLE[D} "RIM CONSPIRACY" CLAIM (DOC. #190); SUSTAINING DEFENDANTS' MOTION TO PRECLUDE TRIAL OF UNPLED "PHYSICIANS" CONSPIRA
August 14, 2017
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ADDENDUM TO DECISION AND ENTRY SUSTAINING DEFENDANTS' MOTION TO CLARIFY ISSUES FOR TRIAL, WHICH THE COURT CONSTRUED AS A MOTION FOR RECONSIDERATION (DOC. [#267]- On August 9, 2017, the Court issued a Decision and Entry (Doc. #267)Sustaining Defendants' Motion to Clarify Issues for Trial (Doc. #195), which the Court construed as a Motion for Reconsideration of that portion of Judge Timothy Black's October 6, 2016, Order (Doc. #183) overruling Defendants' Motion for Summary Judgment that the Per Se Rule Does Not Apply and that Plaintiff's Claim Should Be Dismissed (Doc. #132). The Court concluded that Judge Black's ruling was clearly erroneous and that, because the per se rule does not apply and Plaintiff has disavowed any reliance on the rule of reason, Plaintiff's Sherman Act claim must be dismissed with prejudice. To the extent that the Decision and Order may not have explicitly set forth the procedural vehicle by which such dismissal was proper, this Addendum simply seeks to clarify that Defendants are, in fact, entitled to summary judgment on theirMotion for Summary Judgment that the Per Se Rule Does Not Apply and thatPlaintiff's Claim Should Be Dismissed (Doc. #132).. Signed by Judge Walter H. Rice on 8/14/17. (kma)