Finley v. Evans
Plaintiff: Frances Morris Finley
Defendant: Richard Parker Evans
Case Number: 4:2014cv00089
Filed: February 14, 2014
Court: US District Court for the Eastern District of Arkansas
Office: Little Rock Office
County: Pulaski
Presiding Judge: Kristine G Baker
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 1, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2017 Filing 80 Letter from Clerk, USCA: The Petition for Writ of Certiorari has been denied by the United States Supreme Court in USCA Case Number 15-3646. (mcz)
October 27, 2016 Filing 79 Letter from Clerk, USCA: The Petition for Writ of Certiorari has been filed in the United States Supreme Court in USCA Case Number 15-3646. (mcz)
August 3, 2016 Filing 78 MANDATE of USCA in accordance with the opinion and judgment of 06/14/2016, as to #69 Notice of Appeal filed by Frances Morris Finley. (mcz)
July 27, 2016 Opinion or Order Filing 77 ORDER of USCA as to #69 Notice of Appeal filed by Frances Morris Finley: The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. (mcz)
June 14, 2016 Filing 76 USCA JUDGMENT as to #69 Notice of Appeal filed by Frances Morris Finley: The judgment of the district court is affirmed in accordance with the opinion of this Court. (mcz)
June 14, 2016 Filing 75 OPINION of USCA as to #69 Notice of Appeal filed by Frances Morris Finley. (mcz)
March 22, 2016 Filing 74 JUDGMENT is entered in favor of defendant Dr. Richard Parker Evans. Signed by Judge Kristine G. Baker on 03/22/2016 (nunc pro tunc to 10/15/2015). (rhm)
November 19, 2015 Opinion or Order Filing 73 ORDER granting #68 Motion to Withdraw as Attorney by Justin Hurst and Q. Byrum Hurst. Signed by Judge Kristine G. Baker on 11/19/2015. (mcz)
November 19, 2015 Filing 72 USCA Docketing Letter and Briefing Schedule as to #69 Notice of Appeal filed by Frances Morris Finley. USCA Case Number 15-3646. Transcript due by 12/29/2015. (mcz)
November 17, 2015 Filing 71 NOTICE by Frances Morris Finley No transcript (Finley, Frances)
November 13, 2015 Filing 70 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #69 Notice of Appeal filed by Frances Morris Finley re: #38 Order on Motion for Partial Summary Judgment and #64 Jury Verdict. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (mcz)
November 12, 2015 Filing 69 NOTICE OF APPEAL as to #38 Order on Motion for Partial Summary Judgment, and #64 Jury Verdict by Frances Morris Finley. Filing fee of $ 505, paid, receipt number LIT054098. (mcz)
November 4, 2015 Filing 68 MOTION to Withdraw as Attorney by Frances Morris Finley (Hurst, Q.)
October 22, 2015 Filing 67 NOTICE OF DOCKET CORRECTION re #66 Receipt for Exhibits. CORRECTION: The original document was attached in error due to a clerical mistake by the Clerk's office (wrong image file). The correct document was added to docket entry #66 and is attached hereto for review by the parties. (jak)
October 22, 2015 Filing 66 RECEIPT for Exhibits by Frances Morris Finley. (tmw) (Additional attachment(s) added on 10/22/2015: #1 Main Document - Correct) (jak).
October 19, 2015 Filing 65 RECEIPT for Exhibits by Richard Parker Evans. (tmw)
October 15, 2015 Filing 64 JURY VERDICT. (tmw)
October 15, 2015 Filing 63 Proffered Jury Instructions by Richard Parker Evans. (tmw)
October 15, 2015 Filing 62 Jury Instructions. (tmw)
October 15, 2015 Filing 61 Exhibit and Witness List by Richard Parker Evans. (tmw)
October 15, 2015 Filing 60 Exhibit and Witness List by Frances Morris Finley. (tmw)
October 15, 2015 Filing 59 Minute Entry for proceedings held before Judge Kristine G. Baker: Jury Trial (Day 3) completed on 10/15/2015. Defense puts on proof; Defense rests; Jury instructions given. Closing arguments began and completed. CSO sworn. Jury retires for deliberations at 5:11 PM. At 5:36 PM the Court received a note that the jury had reached a verdict; At 5:57 p.m. the verdict was published in favor of the defendant; Plaintiff requested that the jury be polled; Jurors dismissed from further service; Court adjourned. Present for the Plaintiff J. Hurst and B. Hurst. Present for the Defendant A. Wells. (Court Reporter Elaine Hinson and Genie Power.) (tmw)
October 14, 2015 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker:Jury Trial (Day 2) held on 10/14/2015; Plaintiff continues with proof; Plaintiff rests; Court adjourned for the day to reconvene on October 15, 2015. Present for the Plaintiff J. Hurst and B. Hurst; Present for the Defendant A. Wells. (Court Reporter Elaine Hinson and Genie Power.) (tmw)(Docket text modified on 10/15/2015 to correct a typographical error pursuant to instruction from chambers). (jak)
October 13, 2015 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker: Jury Trial (Day 1) held on 10/13/2015. Pretrial conference started at 9:33 a.m.; Jury selection began at 9:50 a.m. and was completed by 12:42 p.m.; Jury of 12 seated and sworn. Plaintiff began putting on proof. Court adjourned for the day to reconvene on October 14, 2015. Present for the Plaintiff J. Hurst and B. Hurst. Present for the Defendant A. Wells.(Court Reporters Elaine Hinson and Genie Power.) (tmw)
October 9, 2015 Opinion or Order Filing 58 ORDER granting #43 #45 #47 motions in limine and granting in part and denying in part #49 motion in limine. Signed by Judge Kristine G. Baker on 10/09/2015. (rhm)
October 9, 2015 Opinion or Order Filing 57 ORDER authorizing Christina Aleman and Brett Taylor, counsel for defendant, and Rebecca Bailey, an adjustor, to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, on Tuesday, October 13, 2015, for the trial and subsequent days while in trial. Signed by Judge Kristine G. Baker on 10/09/15. (rhm)
October 8, 2015 Filing 56 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker: Initial Pretrial Conference held on 10/8/2015. The parties discussed trial schedule and other pretrial matters. A separate written order on pending motions in limine will be entered. Jury trial to begin on 10/13/2015. Present for the Plaintiff J. Hurst and B. Hurst. Present for the Defendant A. Wells. (Court Reporter Elaine Hinson.) (tmw)
October 5, 2015 Filing 55 NOTICE of Hearing: Pretrial Conference set for 10/8/2015 at 11:00 AM in Little Rock Courtroom #4C before Judge Kristine G. Baker. (tmw)
October 5, 2015 Filing 54 RESPONSE to Motion re #47 MOTION in Limine REGARDING UNQUALIFIED LAY WITNESS TESTIMONY ON MEDICAL ISSUES filed by Frances Morris Finley. (Hurst, Justin)
October 5, 2015 Filing 53 RESPONSE to Motion re #49 MOTION in Limine REGARDING LOST WAGES AND MEDICAL BILLS filed by Frances Morris Finley. (Hurst, Justin)
October 5, 2015 Filing 52 RESPONSE to Motion re #43 MOTION in Limine RE DR. EVANS'S PERSONAL MATTERS filed by Frances Morris Finley. (Hurst, Justin)
October 5, 2015 Filing 51 RESPONSE to Motion re #45 MOTION in Limine REGARDING ALLEGED NEGLIGENCE OF FIRST SURGERY AND INFORMED CONSENT filed by Frances Morris Finley. (Hurst, Justin)
September 28, 2015 Filing 50 BRIEF IN SUPPORT re #49 Motion in Limine REGARDING LOST WAGES AND MEDICAL BILLS filed by Richard Parker Evans. (Wells, John)
September 28, 2015 Filing 49 MOTION in Limine REGARDING LOST WAGES AND MEDICAL BILLS by Richard Parker Evans (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wells, John)
September 28, 2015 Filing 48 BRIEF IN SUPPORT re #47 Motion in Limine REGARDING UNQUALIFIED LAY WITNESS TESTIMONY ON MEDICAL ISSUES filed by Richard Parker Evans. (Wells, John)
September 28, 2015 Filing 47 MOTION in Limine REGARDING UNQUALIFIED LAY WITNESS TESTIMONY ON MEDICAL ISSUES by Richard Parker Evans (Attachments: #1 Exhibit A, #2 Exhibit B)(Wells, John)
September 28, 2015 Filing 46 BRIEF IN SUPPORT re #45 Motion in Limine REGARDING ALLEGED NEGLIGENCE OF FIRST SURGERY AND INFORMED CONSENT filed by Richard Parker Evans. (Wells, John)
September 28, 2015 Filing 45 MOTION in Limine REGARDING ALLEGED NEGLIGENCE OF FIRST SURGERY AND INFORMED CONSENT by Richard Parker Evans (Attachments: #1 Exhibit A)(Wells, John)
September 28, 2015 Filing 44 BRIEF IN SUPPORT re #43 Motion in Limine RE DR. EVANS'S PERSONAL MATTERS filed by Richard Parker Evans. (Wells, John)
September 28, 2015 Filing 43 MOTION in Limine RE DR. EVANS'S PERSONAL MATTERS by Richard Parker Evans (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wells, John)
September 21, 2015 Filing 42 PRETRIAL DISCLOSURE SHEET by Frances Morris Finley. (Hurst, Justin)
September 21, 2015 Filing 41 TRIAL BRIEF by Frances Morris Finley(Hurst, Justin)
September 21, 2015 Filing 40 TRIAL BRIEF by Richard Parker Evans(Wells, John)
September 21, 2015 Filing 39 PRETRIAL DISCLOSURE SHEET by Richard Parker Evans. (Wells, John)
September 21, 2015 Opinion or Order Filing 38 Opinion and Order granting #19 Dr. Evans's motion for partial summary judgment. Ms. Finley's lack of informed consent claim is dismissed. Signed by Judge Kristine G. Baker on 09/21/2015. (rhm)
August 25, 2015 Opinion or Order Filing 37 ORDER denying #36 motion for mediation. This matter remains scheduled for trial pursuant to this Court's most recent #35 scheduling order. Signed by Judge Kristine G. Baker on 08/25/2015. (rhm)
July 20, 2015 Filing 36 MOTION for Order for Mediation by Frances Morris Finley (Hurst, Q.)
June 22, 2015 Filing 35 SECOND AMENDED FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 10/13/2015 at 09:00 AM in Little Rock Courtroom #4C before Judge Kristine G. Baker. Pretrial Disclosure Sheet due by 9/21/2015. Signed at the direction of the Court on 06/22/2015. (tmw)
June 17, 2015 Opinion or Order Filing 34 ORDER granting #33 joint motion for continuance. The trial date, with a first out setting for three days, and all other necessary deadlines will be reset by separate order. Signed by Judge Kristine G. Baker on 06/17/2015. (rhm)
June 17, 2015 Filing 33 Joint MOTION to Continue Jury Trial by Frances Morris Finley (Hurst, Justin)
May 28, 2015 Filing 32 STATUS REPORT by Frances Morris Finley. (Hurst, Justin)
May 28, 2015 Filing 31 STATUS REPORT REGARDING SETTLEMENT PROSPECTS AND LENGTH OF TRIAL by Richard Parker Evans. (Wells, John)
May 22, 2015 Filing 30 STATEMENT OF FACTS (Local Rule 56.1) re #21 Statement of Facts (Local Rule 56.1) filed by Frances Morris Finley. (Hurst, Q.)
May 22, 2015 Filing 29 BRIEF IN SUPPORT re #28 Response to Motion for Partial Summary Judgment filed by Frances Morris Finley. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hurst, Q.)
May 22, 2015 Filing 28 RESPONSE to Motion re #19 MOTION for Partial Summary Judgment filed by Frances Morris Finley. (Hurst, Q.)
May 15, 2015 Opinion or Order Filing 27 ORDER denying as moot #17 defendant's motion to compel discovery based on #26 defendant's status report and extends the discovery deadline to 5/29/2015. Signed by Judge Kristine G. Baker on 5/15/2015. (ljb)
May 15, 2015 Filing 26 STATUS REPORT REGARDING MOTION TO COMPEL DISCOVERY ADN OTHER DISCOVERY ISSUES by Richard Parker Evans. (Wells, John)
May 12, 2015 NOTICE OF DOCKET CORRECTION re #24 Response. CORRECTION: The docket text was modified to correct the description of the document filed as "RESPONSE re #18 BRIEF IN SUPPORT of Motion to Compel Discovery" as marked on the document. (jak)
May 11, 2015 Opinion or Order Filing 25 ORDER extending the current discovery deadline; directing the parties to file status reports informing the Court whether defendant's pending #17 motion to compel discovery has become moot; and regarding any further extensions of the discovery deadline that may be required to complete discovery in this case, on May 15, 2015. Signed by Judge Kristine G. Baker on 05/11/2015. (rhm)
May 11, 2015 Filing 24 RESPONSE re #18 BRIEF IN SUPPORT of Motion to Compel Discovery filed by Frances Morris Finley. (Hurst, Justin)(Docket text modified on 5/12/2015 to correct the linkage). (jak)
May 11, 2015 Filing 23 RESPONSE to Motion re #17 MOTION to Compel Discovery filed by Frances Morris Finley. (Hurst, Justin)
May 7, 2015 Opinion or Order Filing 22 ORDER shortening the time for plaintiff to respond to defendant's #17 motion to compel discovery. Plaintiff shall have until Monday, May 11, 2015, to respond to defendant's motion. Signed by Judge Kristine G. Baker on 05/07/2015. (rhm)
May 7, 2015 Filing 21 STATEMENT OF FACTS (Local Rule 56.1) re #19 Motion for Partial Summary Judgment filed by All Defendants. (Wells, John)
May 7, 2015 Filing 20 BRIEF IN SUPPORT re #19 Motion for Partial Summary Judgment filed by All Defendants. (Wells, John)
May 7, 2015 Filing 19 MOTION for Partial Summary Judgment by All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wells, John)
May 7, 2015 Filing 18 BRIEF IN SUPPORT re #17 Motion to Compel Discovery filed by All Defendants. (Wells, John)
May 7, 2015 Filing 17 MOTION to Compel Discovery by All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wells, John)
February 27, 2015 Filing 16 NOTICE by All Defendants CASE-IN-CHIEF EXPERT DISCLOSURES (Attachments: #1 Exhibit EXHIBIT A - CV OF DR KENNETH MARTIN, #2 Exhibit EXHIBIT B - REPORT OF DR KENNETH MARTIN)(Wells, John)
February 27, 2015 Filing 15 NOTICE by Frances Morris Finley (Attachments: #1 Document, #2 Document)(Hurst, Q.)
December 5, 2014 Filing 14 AMENDED FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 7/27/2015 at 09:00 AM in Little Rock Courtroom #4C before Judge Kristine G. Baker. Discovery due by 5/13/2015; Pretrial Disclosure Sheet due by 7/6/2015; Status Report due by 5/28/2015. Signed at the direction of the Court on 12/05/2014. (tmw)
December 4, 2014 Opinion or Order Filing 13 ORDER granting #11 motion to withdraw motion for continuance; denying as moot #10 motion for continuance; and granting #12 motion for continuance. The trial date and all other necessary deadlines will be reset by separate order. Signed by Judge Kristine G. Baker on 12/4/2014. (rhm)
December 2, 2014 Filing 12 MOTION to Continue by Richard Parker Evans (Attachments: #1 Exhibit A)(Wells, John)
December 1, 2014 Filing 11 MOTION to Withdraw #10 MOTION to Continue Jury Trail by Frances Morris Finley (Hurst, Q.)
November 21, 2014 Filing 10 MOTION to Continue Jury Trail by Frances Morris Finley (Hurst, Q.)
November 21, 2014 Filing 9 NOTICE of Appearance by Michael R. Lipscomb on behalf of Frances Morris Finley (Lipscomb, Michael)
August 18, 2014 Filing 8 FINAL SCHEDULING ORDER: Jury Trial set for the week of 1/26/2015 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Discovery due by 11/12/2014; Motions due by 11/26/2014; Pretrial Disclosure Sheet due by 1/5/2015; Amended Pleadings due by 8/20/2014; and Status Report due by 11/26/2014. Signed at the Direction of the Court on 08/18/2014. (plm)
July 28, 2014 Filing 7 REPORT of Rule 26(f) Planning Meeting by Richard Parker Evans. (Wells, John)
July 28, 2014 Filing 6 REPORT of Rule 26(f) Planning Meeting by Frances Morris Finley. (Hurst, Q.)
June 2, 2014 Filing 5 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 7/14/2014; Rule 26(f) Report due by 7/28/2014; proposed Jury Trial set for sometime during the week of 1/26/2015 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 6/2/14. (dkc)
March 10, 2014 Filing 4 AFFIDAVIT of Service , filed by Frances Morris Finley. (Attachments: #1 Exhibit A)(Hurst, Q.)
February 18, 2014 NOTICE OF DOCKET CORRECTION re: #3 Answer to Complaint. CORRECTION: The docket entry was modified to include a reference to the Jury Demand. (thd)
February 14, 2014 Filing 3 ANSWER to #2 Complaint with Jury Demand by Richard Parker Evans.(mmd) (Docket text modified on 2/18/2014 to include a reference to the Jury Demand.) (thd).
February 14, 2014 Filing 2 COMPLAINT with Jury Demand against Richard Parker Evans, filed by Frances Morris Finley. (mmd)
February 14, 2014 Filing 1 NOTICE OF REMOVAL by Richard Parker Evans from Pulaski County Circuit Court, Case Number 60CV-13-4793. Fee $ 400 paid, receipt # LIT044468. (Attachments: #1 Civil Cover Sheet)(mmd)

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Defendant: Richard Parker Evans
Represented By: John Adam Wells
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Plaintiff: Frances Morris Finley
Represented By: Q. Byrum Hurst, Jr.
Represented By: Justin Byrum Hurst
Represented By: Michael R. Lipscomb
Represented By: Frances Morris Finley
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