Case: Balfour v. Jackson HMA, LLC

COMPLAINT (Jury Trial Demanded) against Mohmed El Zein Ahmed, M.D., Yvonne Barton, Centurion of Mississippi, LLC, Derek Scott Dyess, M.D., Katrice Funchess, Irish Harris, Jackson HMA, LLC, Linda Nolan, Joseph Arthur Oliver, M.D., Gloria Mangum Perry, M.D., Eric Lane Rushing, M.D., VitalCore Health Strategies, LLC, Wexford Health Sources, Inc. ( Filing fee $ 405 receipt number 7387), filed by Susie Annie Balfour. (Attachments: # 1 Civil Cover Sheet)(PG) (Entered: 02/14/2024)

1 Civil Cover Sheet

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NOTICE of Appearance by Joseph Anthony Murphy on behalf of Susie Annie Balfour (Murphy, Joseph) (Entered: 02/16/2024)

Summons Issued as to Mohmed El Zein Ahmed, M.D., Yvonne Barton, Centurion of Mississippi, LLC, Derek Scott Dyess, M.D., Katrice Funchess, Irish Harris, Jackson HMA, LLC, Linda Nolan, Joseph Arthur Oliver, M.D., Gloria Mangum Perry, M.D., Eric Lane Rushing, M.D., VitalCore Health Strategies, LLC, Wexford Health Sources, Inc.. (cwl) (Entered: 04/02/2024)

NOTICE of Appearance by Stephen P. Kruger on behalf of Jackson HMA, LLC (Kruger, Stephen) (Entered: 04/26/2024)

Docket Annotation

NOTICE of Appearance by Thurman L. Boykin, III on behalf of Jackson HMA, LLC (Boykin, Thurman) (Entered: 04/26/2024)

NOTICE of Appearance by Senica M. Tubwell on behalf of Jackson HMA, LLC (Tubwell, Senica) (Entered: 04/26/2024)

***ERROR***DISREGARD THIS ENTRY.*** ANSWER to 1 Complaint, by Jackson HMA, LLC.(Boykin, Thurman) Modified on 4/26/2024 (PG). (Entered: 04/26/2024)

DOCKET ANNOTATION as to Doc # 7 Document has been filed with the wrong case number. It has been disregarded. Attorney is directed to refile with correct case number. (PG)

NOTICE of Service of Initial Disclosure by Jackson HMA, LLC (Boykin, Thurman) (Entered: 04/26/2024)

ANSWER to 1 Complaint, by Jackson HMA, LLC.(Boykin, Thurman) (Entered: 04/26/2024)

**ERROR**Disregard this entry. Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by VitalCore Health Strategies, LLC (Chase, Michael) Modified on 5/1/2024 (CO). (Entered: 05/01/2024)

Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by VitalCore Health Strategies, LLC (Chase, Michael) (Entered: 05/01/2024)

NOTICE of Appearance by John G. Wheeler on behalf of VitalCore Health Strategies, LLC (Wheeler, John) (Entered: 05/01/2024)

ORDER granting in part and denying in part 11 Motion for Extension of Time to Answer. Signed by Magistrate Judge Michael T. Parker on May 3, 2024. (js) (Entered: 05/03/2024)

Set/Reset Deadlines

Set/Reset Deadlines: VitalCore Health Strategies, LLC's answer due 6/5/2024. (js)

MOTION for Extension of Time to File Answer or Other Responsive Pleading by Mohmed El Zein Ahmed, M.D., Yvonne Barton, Katrice Funchess, Gloria Mangum Perry, M.D. (Chase, Michael) (Entered: 05/06/2024)

ANSWER to 1 Complaint, with Jury Demand by Wexford Health Sources, Inc..(Whitehead, William) (Entered: 05/06/2024)

NOTICE of Appearance by Vardaman Kimball Smith, III on behalf of Wexford Health Sources, Inc. (Smith, Vardaman) (Entered: 05/06/2024)

Order on Motion for Extension of Time to Answer

Docket Annotation

TEXT ONLY ORDER granting 14 Motion for Extension of Time to Answer. Mohmed El Zein Ahmed, M.D., Yvonne Barton, Katrice Funchess, and Gloria Mangum Perry, M.D.'s answer due 6/5/2024. No further written order shall issue. Signed by Magistrate Judge Michael T. Parker on May 7, 2024. (js)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Centurion of Mississippi, Inc. (c/o Matt Thibodeaux) on 04/18/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Joseph Arthur Oliver, M.D. on 04/24/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Gloria Mangum Perry, M.D. on 04/15/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Eric Lane Rushing, M.D. on 04/16/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Irish Harris on 04/18/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Jackson HMA, LLC d/b/a Merit Health Central (c/o Corporation Service Company) on 04/15/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Katrice Funchess on 04/24/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on VitalCore Health Strategies, LLC (c/o Corporation Service Company) on 04/15/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Wexford Health Sources, Inc. (c/o Corporation Service Company) on 04/15/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Yvonne Barton on 04/24/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

***ERROR***DISREGARD THIS ENTRY.***AFFIDAVIT of Service for Summons and Complaint served on Mohmed El Zein Ahmed, M.D. on 04/15/2024, filed by Susie Annie Balfour. (Tominello, Andrew) Modified on 5/7/2024 (PG). (Entered: 05/07/2024)

DOCKET ANNOTATION as to Doc # 17 through 27 Incorrect event chosen. These documents should have been docketed as Summons Returned Executed. Attorney is directed to refile. (PG)

SUMMONS Returned Executed by Susie Annie Balfour. Centurion of Mississippi, LLC served on 4/18/2024, answer due 5/9/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Joseph Arthur Oliver, M.D. served on 4/23/2024, answer due 5/16/2024. (Tominello, Andrew) Modified on 5/8/2024 (PG). (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Gloria Mangum Perry, M.D. served on 4/15/2024, answer due 6/5/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Eric Lane Rushing, M.D. served on 4/16/2024, answer due 5/7/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Irish Harris served on 4/18/2024, answer due 5/9/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Jackson HMA, LLC served on 4/15/2024, answer due 5/6/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Katrice Funchess served on 4/24/2024, answer due 6/5/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Mohmed El Zein Ahmed, M.D. served on 4/15/2024, answer due 6/5/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. VitalCore Health Strategies, LLC served on 4/15/2024, answer due 6/5/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Wexford Health Sources, Inc. served on 4/15/2024, answer due 5/6/2024. (Tominello, Andrew) (Entered: 05/07/2024)

SUMMONS Returned Executed by Susie Annie Balfour. Yvonne Barton served on 4/24/2024, answer due 6/5/2024. (Tominello, Andrew) (Entered: 05/07/2024)

Docket Annotation

Set/Reset Deadlines

Set/Reset Deadlines: Joseph Arthur Oliver, M.D. answer due 5/16/2024. Answer due by 5/16/2024. (PG)

DOCKET ANNOTATION as to Doc # 29 Summons returned executed date in docket text is 4/24/2024 and should be 4/23/2024. Answer due date will be reset. Court staff made the necessary changes and reset the answer due date. Attorney has been notified that there is an error in this entry regarding summons return executed date and answer due date. (PG)

NOTICE of Objection to Proof of Service by Eric Lane Rushing, M.D. re 31 Summons Returned Executed (Attachments: # 1 Exhibit A - correspondence from Whit Johnson to plaintiff's attorneys)(Johnson, Whitman) (Entered: 05/08/2024)

ANSWER to 1 Complaint, by Centurion of Mississippi, LLC.(Saltaformaggio, Erin) (Entered: 05/09/2024)

NOTICE of Appearance by James Henderson Hall on behalf of Irish Harris (Hall, James) (Entered: 05/09/2024)

ANSWER to 1 Complaint, by Irish Harris.(Hall, James) (Entered: 05/09/2024)

ANSWER to 1 Complaint, with Jury Demand by Linda Nolan.(Barker-State Gov, Elizabeth) (Entered: 05/09/2024)

NOTICE of Appearance by Caroline Bradley-Kenney on behalf of Centurion of Mississippi, LLC (Bradley-Kenney, Caroline) Modified on 5/9/2024 to correct filers (CO). (Entered: 05/09/2024)

AMENDED COMPLAINT against Mohmed El Zein Ahmed, M.D., Yvonne Barton, Centurion of Mississippi, LLC, John Does 1-10, John Does 101-110, John Does 11-50, John Does 111-125, John Does 51-100, Derek Scott Dyess, M.D., Katrice Funchess, Irish Harris, Jackson HMA, LLC, Linda Nolan, Joseph Arthur Oliver, M.D., Gloria Mangum Perry, M.D., Eric Lane Rushing, M.D., VitalCore Health Strategies, LLC, Wexford Health Sources, Inc., filed by Susie Annie Balfour.(Tominello, Andrew) (Entered: 05/13/2024)

ANSWER to 1 Complaint, by Joseph Arthur Oliver, M.D..(Morris, Mildred) (Entered: 05/15/2024)

ORDER TO SHOW CAUSE. Show Cause Response due by 6/17/2024. Signed by Magistrate Judge Michael T. Parker on May 16, 2024. (js) (Entered: 05/16/2024)

NOTICE of Appearance by Whitman B. Johnson, III on behalf of Eric Lane Rushing, M.D. (Johnson, Whitman) (Entered: 05/16/2024)

WAIVER OF SERVICE Returned Executed by Eric Lane Rushing, M.D.. (Johnson, Whitman) (Entered: 05/16/2024)

ANSWER to 45 Amended Complaint, by Jackson HMA, LLC.(Boykin, Thurman) (Entered: 05/20/2024)

ANSWER to 45 Amended Complaint, by Joseph Arthur Oliver, M.D..(Morris, Mildred) (Entered: 05/22/2024)

NOTICE of Appearance by Shanetric S. Townsend on behalf of Eric Lane Rushing, M.D. (Townsend, Shanetric) (Entered: 05/22/2024)

Amended ANSWER to 45 Amended Complaint, by Centurion of Mississippi, LLC.(Bradley-Kenney, Caroline) (Entered: 05/23/2024)

ANSWER to 1 Complaint, by Derek Scott Dyess, M.D..(Heidelberg, Cecil) (Entered: 05/23/2024)

ANSWER to 45 Amended Complaint, by Irish Harris.(Hall, James) (Entered: 05/28/2024)

ANSWER to 45 Amended Complaint, by Wexford Health Sources, Inc..(Whitehead, William) (Entered: 05/28/2024)

ANSWER to 45 Amended Complaint, by Linda Nolan.(Barker-State Gov, Elizabeth) (Entered: 05/28/2024)

ANSWER to 45 Amended Complaint, by Eric Lane Rushing, M.D..(Johnson, Whitman) (Entered: 06/05/2024)

ANSWER to 45 Amended Complaint, by Mohmed El Zein Ahmed, M.D..(Wheeler, John) (Entered: 06/05/2024)

ANSWER to 45 Amended Complaint, by VitalCore Health Strategies, LLC.(Wheeler, John) (Entered: 06/05/2024)

Corporate Disclosure Statement by VitalCore Health Strategies, LLC (Chase, Michael) (Entered: 06/05/2024)

NOTICE of Appearance by James Henderson Hall on behalf of Gloria Mangum Perry, M.D. (Hall, James) (Entered: 06/05/2024)

ANSWER to 45 Amended Complaint, by Gloria Mangum Perry, M.D..(Hall, James) (Entered: 06/05/2024)

ANSWER to 45 Amended Complaint, by Derek Scott Dyess, M.D..(Heidelberg, Cecil) (Entered: 06/05/2024)

ANSWER to 45 Amended Complaint, by Yvonne Barton, Katrice Funchess.(Barker-State Gov, Elizabeth) (Entered: 06/05/2024)

Rule 16(a) Initial Order: Telephonic Case Management Conference set for 7/10/2024 9:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 7/3/24. (KPM) (Entered: 06/06/2024)

Corporate Disclosure Statement by Wexford Health Sources, Inc. (Whitehead, William) (Entered: 06/06/2024)

NOTICE of Service of Initial Disclosure by Wexford Health Sources, Inc. (Whitehead, William) (Entered: 06/06/2024)

NOTICE of Appearance by Mary R. Arthur on behalf of Derek Scott Dyess, M.D. (Arthur, Mary) (Entered: 06/07/2024)

Rule 16(a) Notice

Rule 16(a) order mailed to Mary R. Arthur. (KPM)

NOTICE of Service of Rule 26(a)(1) Initial Disclosure by Centurion of Mississippi, LLC (Bradley-Kenney, Caroline) (Entered: 06/14/2024)

Corporate Disclosure Statement by Centurion of Mississippi, LLC (Bradley-Kenney, Caroline) (Entered: 06/17/2024)

***ERROR***DISREGARD THIS ENTRY.***SUMMONS Returned Executed by Susie Annie Balfour. Derek Scott Dyess, M.D. served on 5/2/2024, answer due 5/23/2024. (Hollowell, George) Modified on 6/18/2024 (PG). (Entered: 06/17/2024)

***ERROR***DISREGARD THIS ENTRY.***NOTICE of Service of Rule 26(a)(1)(A) Initial Disclosure by Susie Annie Balfour (Hollowell, George) Modified on 6/18/2024 (PG). (Entered: 06/17/2024)

Docket Annotation

DOCKET ANNOTATION as to Doc # 72 A return on summons should not be filed without the first page, as issued, preceding the return. Attorney is directed to refile. (PG)

SUMMONS Returned Executed by Susie Annie Balfour. Derek Scott Dyess, M.D. served on 5/2/2024, answer due 5/23/2024. (Hollowell, George) Modified to show date served and answer due date on 6/18/2024 (PG). (Entered: 06/18/2024)

NOTICE of Appearance by Timothy L. Sensing on behalf of Joseph Arthur Oliver, M.D. (Sensing, Timothy) (Entered: 06/18/2024)

NOTICE of Appearance by Katherine K. Smith on behalf of Joseph Arthur Oliver, M.D. (Smith, Katherine) (Entered: 06/18/2024)

DOCKET ANNOTATION as to Doc # 73 Pursuant to the Administrative Procedures for Electronic Case Filing Section 2.C. and FED.R.Civ.P.11 an attorney's password issued by the court combined with the user's identification (login) serves as the attorney's signature for Rule 11 and other purposes. Attorneys should not permit other attorneys to use their login and password for any ECF filing. Document # 73 will be disregarded and the attorney with the electronic signature on the document should re-file document. (PG)

NOTICE of Service of Initial Disclosure by Susie Annie Balfour (Tominello, Andrew) (Entered: 06/18/2024)

NOTICE of Service of Initial Disclosure by Joseph Arthur Oliver, M.D. (Morris, Mildred) (Entered: 06/18/2024)

NOTICE of Service of Initial Disclosure by Irish Harris, Gloria Mangum Perry, M.D. (Hall, James) (Entered: 06/18/2024)

MOTION for Summary Judgment by Eric Lane Rushing, M.D. (Johnson, Whitman) (Entered: 06/28/2024)

MEMORANDUM in Support re 80 MOTION for Summary Judgment filed by Eric Lane Rushing, M.D. (Johnson, Whitman) (Entered: 06/28/2024)

NOTICE of Service of Initial Disclosure by Eric Lane Rushing, M.D. (Johnson, Whitman) (Entered: 06/28/2024)

NOTICE of Service of Initial Disclosure by Yvonne Barton, Katrice Funchess, Linda Nolan (Barker-State Gov, Elizabeth) (Entered: 07/02/2024)