Fahlenkamp et al v. Avera Health
| Phyllis Fahlenkamp and Randy Fahlenkamp |
| Avera McKennan a South Dakota corporation doing business as Avera Spencer Family Care |
| 5:2010cv04116 |
| November 24, 2010 |
| US District Court for the Northern District of Iowa |
| Western Division Office |
| O'Brien |
| Paul A Zoss |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| None |
Docket Report
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| Filing 44 STIPULATION of Dismissal by Avera McKennan, Phyllis Fahlenkamp, Randy Fahlenkamp (Fitzgibbons, Joseph) |
Filing 43
ORDER of Case Settlement: The court has been advised that this action has been settled: The parties shall have to and including 02/23/12 to file their settlement documents. Signed by Chief Magistrate Judge Paul A Zoss on 01/24/12. (kfs)
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Filing 42
ORDER granting #40 MOTION for Extension of Time to designate expert witness filed by Avera McKennan. Defendants Expert Witnesses due by 2/13/2012. Plaintiffs Rebuttal Experts due by 3/13/2012. Signed by Chief Magistrate Judge Paul A Zoss on 1/10/2012. (des)
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| Filing 41 RESISTANCE to Motion re #40 MOTION for Extension of Time expert witness designation deadline filed by Phyllis Fahlenkamp, Randy Fahlenkamp. (Keane, Edward) |
| Filing 40 MOTION for Extension of Time expert witness designation deadline by Defendant Avera McKennan (Fitzgibbons, Joseph) |
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Filing 39
ORDER granting #38 Motion for Extension of Time to disclose expert witnesses filed by Avera McKennan. Defendants Expert Witnesses due by 1/13/2012. Plaintiffs Rebuttal Experts due by 2/13/2012. Signed by Chief Magistrate Judge Paul A Zoss on 11/30/2011. (des)
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| Filing 38 MOTION for Extension of Time Deadline Disclose Experts by Defendant Avera McKennan (Fitzgibbons, Joseph) |
| Filing 37 PROTECTIVE Order: Granting #33 Motion for Protective Order. Signed by Chief Magistrate Judge Paul A Zoss on 09/26/11. (kfs) |
| Filing 36 MINUTE Entry for proceedings held before Chief Magistrate Judge Paul A Zoss: Motion Hearing held on 09/26/2011 RE: #33 Motion for Protective Order: Motion granted: Order to follow (Court Reporter: Digital Recording) (kfs) |
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Filing 35
ORDER Setting Hearing on Motion #33 MOTION for Protective Order: Telephonic Motion Hearing set for 9/26/2011 10:00 AM before Chief Magistrate Judge Paul A Zoss. The court will initiate the conference call. Signed by Chief Magistrate Judge Paul A Zoss on 9/16/11. (djs)
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| Filing 34 RESISTANCE to Motion re #33 MOTION for Protective Order filed by Phyllis Fahlenkamp, Randy Fahlenkamp. (Keane, Edward) |
| Filing 33 MOTION for Protective Order by Defendant Avera McKennan (Attachments: #1 Exhibit Request for Admissions, #2 Brief) (Fitzgibbons, Joseph) |
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Filing 32
ORDER denying #20 Motion for Summary Judgment. Signed by Chief Magistrate Judge Paul A Zoss on 09/07/2011. (src)
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| Filing 31 ANSWER to #29 Amended Complaint and jury demand by Avera McKennan.(Fitzgibbons, Joseph) Modified text on 8/31/2011 (des). |
| Filing 30 SUPPLEMENT/ADDENDUM #21 Resistance to Motion, #20 MOTION for Summary Judgment by Phyllis Fahlenkamp, Randy Fahlenkamp (Keane, Edward) |
| Filing 29 Second Amended Complaint with Jury Demand against Avera McKennan filed by Phyllis Fahlenkamp, Randy Fahlenkamp. Docketed by Clerk per order at #28 . (src) |
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Filing 28
ORDER granting #25 Motion for Leave to File second amended complaint. The Clerk of Court is directed to docket the second amended complaint submitted with the motion. Signed by Chief Magistrate Judge Paul A Zoss on 08/26/2011. (src)
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| Filing 27 BRIEF in Support re #25 MOTION for Leave to File to Amend Amended Complaint filed by Phyllis Fahlenkamp, Randy Fahlenkamp. (Keane, Edward) |
| Filing 26 RESISTANCE to Motion re #25 MOTION for Leave to File to Amend Amended Complaint filed by Avera McKennan. (Fitzgibbons, Joseph) |
| Filing 25 MOTION for Leave to File to Amend Amended Complaint by Plaintiffs Phyllis Fahlenkamp, Randy Fahlenkamp (Attachments: #1 Supplement Second Amended Complaint and Jury Demand) (Keane, Edward) |
| Filing 24 REPLY to Response to Motion re #20 MOTION for Summary Judgment filed by Avera McKennan. (Fitzgibbons, Joseph) |
| Filing 23 RESISTANCE to Motion re #20 MOTION for Summary Judgment Supplemental Statement in Support of filed by Phyllis Fahlenkamp, Randy Fahlenkamp. (Keane, Edward) |
| Filing 22 REPLY to Response to Motion re #20 MOTION for Summary Judgment filed by Avera McKennan. (Fitzgibbons, Joseph) |
| Filing 21 RESISTANCE to Motion re #20 MOTION for Summary Judgment filed by Phyllis Fahlenkamp, Randy Fahlenkamp. (Attachments: #1 Statement of Material Facts) (Keane, Edward) |
| Filing 20 MOTION for Summary Judgment by Defendant Avera McKennan Responses due by 8/15/2011 (Attachments: #1 Statement of Material Facts and Brief) (Fitzgibbons, Joseph) |
| Reset Trial Management Order Deadlines: Proposed Pretrial Order due by 6/21/2012 pursuant to #19 Trial Management Order. (djs) |
| Filing 19 TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 14 days before FPTC. Motions in limine 14 days before FPTC. Jury Trial set for 7/9/2012 09:00 AM in SC 1st Fl Ct before Chief Magistrate Judge Paul A Zoss. Final Pretrial Conference set for 6/25/2012 10:00 AM in SC 1st Fl Ct before Chief Magistrate Judge Paul A Zoss. Proposed Pretrial Order due by 6/21/2012. Signed by Chief Magistrate Judge Paul A Zoss on 4/15/11. (djs) Modified on 4/18/2011 to correct date of pretrial order deadline. (djs). |
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Filing 18
SCHEDULING Order and Discovery Plan: Add Parties Deadline due by 5/31/2011. Amended Pleadings due by 6/15/2011. Plaintiffs Expert Witness due by 7/31/2011. Defendants Expert Witnesses due by 11/30/2011. Plaintiffs Rebuttal Experts due by 12/31/2011. Discovery due by 1/30/2012. Motions due by 2/19/2012. Trial Ready Deadline 6/30/2012. ORDER: Upon consent of the parties Avera McKennan, Phyllis Fahlenkamp, Randy Fahlenkamp, this case is reassigned to Chief Magistrate Judge Paul A Zoss for final disposition. Signed by Senior Judge Donald E O'Brien on 4/15/2011. (des)
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| Filing 17 CERTIFICATION of Expert Dr. Steven Vanderleest by Phyllis Fahlenkamp, Randy Fahlenkamp (Keane, Edward) Modified on 3/8/2011 to note clerk notified attorney this should not have been filed (des). |
| Filing 16 CERTIFICATION of Expert Dr. Douglas Martin by Phyllis Fahlenkamp, Randy Fahlenkamp (Keane, Edward) Modified on 3/8/2011 to note clerk notified attorney this should not have been filed (des). |
| Filing 15 Amended ANSWER and Jury Demand to #12 Amended Complaint by Avera McKennan.(Fitzgibbons, Joseph) Modified on 1/13/2011 to add jury demand text (des). |
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Filing 14
ORDER withdrawing the court's order striking the #12 Amended Complaint, and the Amended Complaint is deemed properly filed. Signed by Chief Magistrate Judge Paul A Zoss on 1/11/11. (djs)
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| Filing 13 WITHDRAWN - ORDER striking #12 Amended Complaint filed by Phyllis Fahlenkamp, Randy Fahlenkamp (See Order Text). Signed by Chief Magistrate Judge Paul A Zoss on 1/10/2011. (des) Modified on 1/11/2011 to add text (djs). |
| Filing 12 AMENDED Complaint and Jury Demand against Avera Health, filed by Phyllis Fahlenkamp, Randy Fahlenkamp. (Keane, Edward) Modified on 1/11/2011 to note stricken pursuant to #13 Order (des). Modified on 1/11/2011 to remove text (djs). |
| Filing 11 ANSWER to #2 Complaint, and Jury Demand by Avera Health.(Fitzgibbons, Joseph) Modified on 1/7/2011 to correct text (des). |
| Filing 10 PURSUANT to Local Rule 7.1 Disclosure Statement by Avera Health (Fitzgibbons, Joseph) |
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Filing 9
ORDER - Granting #7 MOTION for Extension of Time to File Move or Plead filed by Avera Health. The defendant Avera Health must move or plead by 1/6/2011. Signed by Chief Magistrate Judge Paul A Zoss on 12/22/2010. (src)
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| Filing 8 Response to Motion re #7 MOTION for Extension of Time to File Move or Plead filed by Phyllis Fahlenkamp, Randy Fahlenkamp. (Keane, Edward) |
| Filing 7 MOTION for Extension of Time to File Move or Plead by Defendant Avera Health (Fitzgibbons, Joseph) |
| Filing 6 NOTICE of Appearance by Joseph L Fitzgibbons on behalf of Avera Health (Fitzgibbons, Joseph) |
| Filing 5 PURSUANT to Local Rule 7.1 Disclosure Statement by Phyllis Fahlenkamp, Randy Fahlenkamp (Keane, Edward) |
| Filing 4 SUMMONS Returned Executed by Phyllis Fahlenkamp, Randy Fahlenkamp. Avera Health served on 11/30/2010, answer due 12/21/2010. (Keane, Edward) |
| Set Deadlines: Defendant Avera Health LR 7.1 Disclosure Statement due by 12/30/2010 pursuant to #4 Summons Returned Executed. (des) |
| Filing 3 Summons Issued as to Avera Health. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: #1 Civil Cases New Case Packet) (des) |
| Filing 2 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 350 receipt number 0862-1103957.), filed by Phyllis Fahlenkamp, Randy Fahlenkamp. Scheduling Report due by 4/6/2011 (Attachments: #1 Civil Cover Sheet) (Keane, Edward) Modified on 11/29/2010 to correct text (des). |
| Filing 1 NOTICE of New Case Filing by Phyllis Fahlenkamp, Randy Fahlenkamp (des) |
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