Lund v. Matthews et al

Defendant: MD Michael Matthews, Cheyenne County Hospital Association, Inc. and Sidney Medical Associates
Plaintiff: Alexander Lund
Case Number: 8:2013cv00144
Filed: May 3, 2013
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Referring Judge: Thomas D. Thalken
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1402 Medical Malpractice
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
November 14, 2013 19 Opinion or Order of the Court ORDER that the defendants shall have to on or before November 20, 2013, to file a motion requesting a change in the place of trial for this matter. Otherwise, the case will remain designated for trial in Omaha, Nebraska. The plaintiff shall have to on or before December 4, 2013, to file a response. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
December 20, 2013 29 Opinion or Order of the Court ORDER - The defendants' Motion for Determination of Place of Trial (Filing No. 21 ) is granted. The Clerk of the Court shall amend the docket sheet to reflect the place of trial is North Platte, Nebraska. The Final Pretrial Conference remai ns scheduled for August 21, 2014, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Trial is rescheduled for October 6, 2014, in North Platte, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
February 4, 2014 36 Opinion or Order of the Court ORDER that the plaintiff has until the close of business on February 28, 2014, to show cause why this case should not be dismissed as against the defendant Sidney Medical Associates for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
February 7, 2014 37 Opinion or Order of the Court ORDER granting 30 Motion to Compel. The defendants may schedule Lund for a second deposition. During Lund's second deposition, counsel are expected to conduct themselves in accordance with this order. The defendants are awarded reasonab le costs and attorney's fees for Lund's December 12, 2013, deposition and for filing the instant motion. Counsel for the parties shall confer on a reasonable amount to be awarded and, if there is agreement, shall file on or before Februa ry 28, 2014, a stipulation of the costs and fees to be awarded. In the event the parties fail to reach an agreement, the defendants may file on or before March 7, 2014, an application for the award of the costs and fees. The plaintiffs shall have until on or before March 14, 2014, to respond to the defendants' application. Thereafter, the issue of costs and sanctions will be deemed submitted and a written order entered. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
May 1, 2014 51 Opinion or Order of the Court ORDER granting 44 Motion for Attorney Fees: reasonable costs and attorney's Fees awarded to defendants in the amount of $2,939, for Lund's first deposition and for having to file the Motion to Compel (Filing No. 30). The plaintiff and his attorney, Patrick J. Cullan, shall have forty-five days from the date of this Order to pay the defendants the sum of $2,939, and file verification of payment with the court. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
May 13, 2014 55 Opinion or Order of the Court ORDER the the defendants' Motion for Extension of Time and For Order Compelling Production of Witnesses 47 is granted, in part. The deadlines to serve the opposing party with the statements required by Fed. R. Civ. P. 26(a) (2) regarding each expert witness a party expects to call to testify at trial are extended. The defendants shall have until June 30, 2014. Rebuttal expert disclosures may be made not later than July 23, 2014. The parties shall have until July 30, 2014, to complete depositions. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
June 11, 2014 58 Opinion or Order of the Court ORDER adopting 45 the Findings and Recommendation of the magistrate judge. The plaintiff's claims against defendant Sidney Medical Associates are dismissed, without prejudice. Ordered by Judge Joseph F. Bataillon. (JSF)
June 30, 2014 60 Opinion or Order of the Court AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 59 Motion to Extend. Jury Trial set for 2/9/2015 at 8:30 AM in North Platte Courtroom, Federal Bldg, US Post Office & Courthouse, 300 E 3rd St, North Platte, NE before Judge Joseph F. Bataillon. Pretrial Conference set for 1/15/2015 at 1:30 PM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
July 7, 2014 61 Opinion or Order of the Court ORDER that on or before 8/7/14, the parties shall electronically file a joint stipulation for dismissal. Absent compliance with this order, this case may be dismissed without further notice. The previously scheduled pretrial conference and trial are cancelled upon the representation that this case is settled. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
August 13, 2014 65 Opinion or Order of the Court ORDER APPROVING JOINT APPLICATION FOR APPROVAL OF AGREEMENT TO SETTLE - IT IS THEREFORE ORDERED: That the proposed settlement agreement agreed upon by the parties and disclosed to the court in camera is hereby approved. That the Nebraska Excess Lia bility Fund, pursuant to the Nebraska Hospital-Medical Liability Act, is authorized to and shall pay the sum necessary to fulfill its obligation under the compromise settlement between the parties; and the director and/or his agents are authorized to execute any documents necessary to cary out such settlement. Ordered by Judge Joseph F. Bataillon. (TCL )
September 3, 2014 68 Opinion or Order of the Court ORDER FOR DISMISSAL WITH PREJUDICE - IT IS THEREFORE ORDERED, that the within action should be and hereby is dismissed with prejudice with all parties paying their own costs and with complete record waived. Ordered by Judge Joseph F. Bataillon. (TCL)

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Defendant: MD Michael Matthews
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Defendant: Cheyenne County Hospital Association, Inc.
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Defendant: Sidney Medical Associates
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Plaintiff: Alexander Lund
Represented By: Patrick J. Cullan
Represented By: Joseph P. Cullan
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