BOULA v. UNITED STATES OF AMERICA

BOULA v. UNITED STATES OF AMERICA

Plaintiff:	DONALD J. BOULA
Defendant:	UNITED STATES OF AMERICA
Case Number:	1:2011cv00366
Filed:	May 10, 2011
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Lee
Presiding Judge:	UNASSIGNED
Presiding Judge:	L. PATRICK AULD
Nature of Suit:	Personal Injury- Medical Malpractice
Cause of Action:	28 U.S.C. § 1346
Jury Demanded By:	None

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Date Filed	Document Text
November 7, 2013	Filing 22 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 11/7/2013; that an evidentiary hearing will be held as outlined in this Order. At that hearing, the parties shall address what Dr. Fekrat communicated to Plaintiff in regard to testifying on his b ehalf. This court will make findings of fact and resolve Defendant's motion to dismiss after the evidentiary hearing. This court therefore takes the recommendation of the Magistrate Judge that Defendant's motion to dismiss (Doc. 7 ) be granted and the related analysis as to Dr. Fekrat's willingness to testify (Doc. 17 at 6-7) under advisement pending the hearing. FURTHER that the findings of the Magistrate Judge that North Carolina Rule of Civil Procedure 9(j) appli es in this medical malpractice complaint asserted pursuant to the FTCA (Doc. 17 at 3-4) and that Crist should not be extended to the facts of this case (id. at 7-8) are ADOPTED. The Clerk is hereby directed to set this matter for an evidentiary hearing following consultation with the parties. (Garland, Leah)
April 2, 2013	Filing 17 MEMORANDUM OPINION & RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 4/2/2013, recommending that Defendant's motion to dismis (Docket Entry 7 ) be GRANTED. (Daniel, J)

Date Filed

Document Text

November 7, 2013

Filing 22 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 11/7/2013; that an evidentiary hearing will be held as outlined in this Order. At that hearing, the parties shall address what Dr. Fekrat communicated to Plaintiff in regard to testifying on his b ehalf. This court will make findings of fact and resolve Defendant's motion to dismiss after the evidentiary hearing. This court therefore takes the recommendation of the Magistrate Judge that Defendant's motion to dismiss (Doc. 7 ) be granted and the related analysis as to Dr. Fekrat's willingness to testify (Doc. 17 at 6-7) under advisement pending the hearing. FURTHER that the findings of the Magistrate Judge that North Carolina Rule of Civil Procedure 9(j) appli es in this medical malpractice complaint asserted pursuant to the FTCA (Doc. 17 at 3-4) and that Crist should not be extended to the facts of this case (id. at 7-8) are ADOPTED. The Clerk is hereby directed to set this matter for an evidentiary hearing following consultation with the parties. (Garland, Leah)

April 2, 2013

Filing 17 MEMORANDUM OPINION & RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 4/2/2013, recommending that Defendant's motion to dismis (Docket Entry 7 ) be GRANTED. (Daniel, J)

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Defendant: UNITED STATES OF AMERICA
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Plaintiff: DONALD J. BOULA
Represented By:	BRUCE W. BERGER
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