MOTION FILED AFTER DISMISSAL BY COURT

G:\97\P1397\P1397PMI 002

 

EMW/sIc

 

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

 

JAMES F. OSTERBUR,             )

 

)

)

)

 

Plaintiff.

 

)

)

)

 

v.

 

CARLE CLINIC INC;

 

CARLE INC.:

 

)

\MERICAN MEDICAL ASSOCIATION; )

 

THE STATE OF ILLINOIS, and

UNITED STATES OF AMERICA

 

)

)

)

)

 

Defendants.

 

No.

 

05-2038

 

DEFENDANTS^ RESPONSE

TO

PLAINTIFFS FRCP 60(b) MOTION

 

NOW COME the defendants, CARLE CLINIC ASSOCIATION, P.C., improperly

 

designated as "Carle Clinic Inc.", and CARLE FOUNDATION HOSPITAL, a not-fbr-profit

 

Illinois hospital corporation, improperly designated as "Carle Inc.", by their attorney, Edward

 

M. Wagner ofHeyl, Royster, Voelker & Alien, and as and for their Response to the plaintiffs

 

"Reply to the Court" [#9] designated and construed as a Rule 60(b) motion, state as follows:

 

1. While plaintiffs "Reply to the Court" is confusing, these defendants are

 

assuming it is directed to this Court's Order entered February 28, 2005, which dismissed

 

HEYLROYSTER

 

VOELKER

&ALLEN

 

plaintiffs initial "Complaint", yet granted plaintiff fourteen (14) days to file an amended

 

complaint in accordance with this Court's instructions and rulings.

 

Suite 300

102 E. Main Street

P.O. Box 129

Urbana, IL 61803-0129

Fax (217) 344-9295

(217) 344-0060

 

2. Any motion pursuant to Rule 60(b) must be justifiably based on one of the six

 

allowable reasons. Notwithstanding that plaintiffs four- page "motion" suggests conclusory or

imaginary statements of alleged "misconduct' which might possibly fit within a strained

 

interpretation of the provisions of Rule 60(b)(3), all such statements are without any support or

 

merit and simply stated for inflammatory purposes and can thus be disregarded.

 

a. Other than personal dissatisfaction with this Court's Order of February

 

28, 2005, there is no proper basis stated to justify consideration, much less granting, this

 

pleading or motion pursuant to Rule 60(b).

 

b. Plaintiffs Motion at page 1 notes: 'This trial is a FIRST AMENDMENT

 

REDRESS OF GRIEVANCES .. .", yet this simple conclusory reference to the First

 

Amendment provides no more subject matter jurisdiction to this Court than the initial

 

"Complaint" did. Without this reference to the First Amendment on page 1, the

 

"motion" is totally baseless and without any merit under Rule 60(b). This conclusory

 

reference adds nothing to the plaintiffs pleading, which must be deemed to have no

 

merit.

 

c. After complaining about human rights violations (at 1); an effort to

 

bankrupt this nation (at 2); apparent death threats (at 3-4); increasing world population

 

(at 4); global warming (at 4), and decreasing national resources, this plaintiff is no

 

closer to suggesting any possible subject matter jurisdiction than was his initial attempt

 

3. As a Rule 60(b) motion does not suspend the operation of the Order addressed,

 

if plaintiff files no amended complaint on or before March 14, 2005, these defendants request

 

HEYLROYSTER

 

VOELKER

&ALLEN

 

that this matter be formally dismissed with prejudice, in its entirety, and with no further leave to

 

amend.

 

Suite 300

102 E. Main Street

P.O. Box 129

Urbana, IL 61803-0129

Fax (217) 344-9295

(217) 344-0060

 

WHEREFORE, these defendants, CARLE CLINIC ASSOCIATION, P.C. and CARLE

 

FOUNDATION HOSPITAL, a not-for-profit Illinois hospital corporation, request that this

 

 

 

LETTER TO ME, REGARDING “the return to court

 

HEYLROYSTER

 

- VOELKER"

&ALLEN

 

Suite 300

 

102 E. Main Street

P.O. Box 129

Urbana, IL 61803-0129

Fax (217) 344-9295

(217) 344-0060

 

March 30, 2005

 

Mr. James F. Osterbur

2191 C.R. 2500 E

St. Joseph, IL 61873

 

IN RE:      Our File No. :     04505-P1397

 

Case No.     :      05-203S; LJSDC, Central District ofIL

James F. Osterbur v. Carle Clinic Association, P.C, etai

 

Dear Mr. Osterbur:

 

I have just been advised by Carlo Clinic Association, P.C. and Carle Foundation Hospital

that you have sent to them a copy of your recent pleading or filings with the federal court in

this matter. Those two entities are my clients, and there should be no personal contact with

either of those two entities by you for purposes of this litigation. If you have any materials

or correspondence to serve on Carle Clinic Association or Carle Foundation Hospital with

respect to this litigation, it should come to my attention. Please ensure that all future such

contacts or communications concerning this litigation go through my office.

 

Thank you for your help in this matter.

 

Very truly yours,

 

 

 

LETTER SENT TO ME AFTER ORIGINAL FILING.

 

Carle Clinic Association

 

602 West University Avenue, Urbana, IL 61801-2594 Phone: (217) 383-3311

 

IN FURTHER CORRESPONDENCE REFER TO CHART NUMBER:

 

CERTIFIED MAIL

 

February 14, 2005

 

Mr. James Osterbur

 

2191 CR 2500 East Road

 

St. Joseph, IL 61873

 

RE:   Clinic #0436190

Dear Mr. Osterbur:

 

As a result of your pending litigation against Carle Clinic Association, we regret to inform you

that no further non-emergency medical care and treatment will be scheduled for you and your

immediate family with any Carle Clinic Association physician or other Carle Clinic Association

health care provider after 30 days from the date of this letter. We will be pleased to assist you in

transferring you and your family's care and treatment records to another physician or health care

provider not affiliated with the Carle Clinic Association. Please contact our Health Information

Services Department at 383-3381 immediately so that arrangements can be made to transfer your

medical records to the healthcare provider of your choice.

 

Very truly yours,

 

/^TW^f

 

Kirk Moberg, M.D.

Senior Vice-President, Chief Medical Officer

 

KM:med

 

 

 

My reply: IN A UNRELATED MATTER

 

the law firm of Heylroyster, Voelker, & Allen

 

have sent me a letter dated 3/30/05

 

file no: 04505-P1397

 

located at:     Suite 300     102 E main st. box 129 Urbana, IL 61803-0129

 

 

informing me, that quote   ...“Those tow entities are my clients, and there should be no personal contact with or correspondence to serve on Carle Clinic Association or Carle Foundation Hospital with respect to this litigation, it should come to my attention”...

 

 

            With regard to this letter, I submit/ that as the defendants named in this trial they do have an absolute right to any information as may be served discussed or distinctly about their responsibilities in this matter. I regard this letter as an illegal attempt to “cover up”/ rather than enlighten the defendants on matters which may or may not be of concern to them.

     Therefore this is the last letter to Carle Clinic or Carle Foundation in this matter/ all others will go to the lawyer at the above address:   UNLESS I am instructed by either Carle entity that it should not be so. This is notice, and due to anyone associated with any trial. The lawyer is not the defendant/ any “trouble” it may cause is entirely irrelevant to me. Let Carle decide.