B.S.G, etc. v. United States of America
| B.S.G., a minor, by her mother and next friend, Malanena Gutierrez |
| United States of America |
| 2:2014cv00245 |
| May 22, 2014 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Out of State |
| Tommy E Miller |
| Henry C Morgan |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1402 Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on October 20, 2015. A more recent docket listing may be available from PACER.
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Filing 26
ORDER GRANTING #24 Motion for Settlement Relief from Final Judgment. Signed by District Judge Henry C. Morgan, Jr. on 10/20/15 and filed 10/20/15. (lbax, )
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| Filing 25 Motion Hearing before District Judge Henry C. Morgan, Jr. held on 10/20/2015 re #24 MOTION for Settlement Relief from Final Judgment filed by B.S.G., a minor, by her mother and next friend, Malanena Gutierrez. Appearances: Karl J. Protil, Jr. appeared with the Plaintiff, Malanena Gutierrez. George M. Kelley, III appeared for the Defendant. Guardian Ad Litem Ros Willis appeared. Arguments of counsel. The structure of the Court's approval is reflected in the proposed order submitted by the Plaintiff to which the Court will attach the motion and exhibits. This order is a proceeding under Rule 60 to set aside a prior order and substitute the existing proposed order. The Court GRANTS the Motion for Settlement Relief and will enter the Order. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) |
| Telephonic Motion Hearing as to #24 MOTION for Settlement Relief from Final Judgment set for 10/20/2015 at 02:30 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
| Filing 24 MOTION for Settlement Relief from Final Judgment by B.S.G., a minor, by her mother and next friend, Malanena Gutierrez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Protil, Karl) Modified on 10/15/2015 to comply with redaction standards of Federal Rule Civil Procedure 5.2(a) (bgra). |
| Filing 23 Letter to Judge Morgan. (Protil, Karl) |
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Filing 22
ORDER OF DISMISSAL. Signed by District Judge Henry C. Morgan, Jr on 7/13/15. (afar)
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| Filing 21 Letter to Judge Morgan from Karl J. Protil, Jr. dated 6/25/2015. (rsim, ) |
| Notice of Correction re #20 MOTION for Settlement Plaintiff's Supplemental Filing in Support and Explanation of Certain Expenses Pursuant to Order of Court Dated May 28,2015: The filing user selected the wrong event. Motion for Settlement was selected, and Response Other should have been selected. The docket has been corrected. (rsim, ) |
| Filing 20 Plaintiff's Supplemental Filing in Support and Explanation of Certain Expenses Pursuant to Order of Court Dated May 28,2015 by B.S.G., a minor, by her mother and next friend, Malanena Gutierrez. (Attachments: #1 Exhibit, #2 Exhibit)(Protil, Karl) Modified on 6/3/2015 to terminate motion and correct title of document(rsim, ). |
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Filing 19
ORDER Plaintiff SHALL produce a copy of the annuity contract applicable in this matter not more than thirty (30) days following entry of this Order. If the contract is not produced within thirty (30) days. Plaintiff SHALL produce a letter informing the Court as to the stage and status of the matter, furnishing a copy of the letter to the United States. Plaintiff's counsel SHALL furnish the Court with an updated list of its itemized litigation expenses specifically detailing those expenses incurred by co-counsel in Florida. Signed by District Judge Henry C. Morgan, Jr on 5/28/15. (afar)
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Filing 18
ORDER GRANTING #16 Motion for Settlement and ENTERING Order Permitting Compromise and Settlement on Behalf of a Minor. Signed by District Judge Henry C. Morgan, Jr. on 5/28/15 and filed in open court. (lbax, )
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| Filing 17 Infant Settlement Conference before District Judge Henry C. Morgan, Jr. held on 5/28/2015. Appearances: Karl J. Protil, Jr. appeared for the Plaintiff. George M. Kelley, III appeared for the Defendant. Guardian Ad Litem Ros Willis appeared. The Court reviewed the petition for compromise settlement and the settlement order. An annuity will be purchased and is set out in the order. The Court, on the record, inquired if the Plaintiff agreed to the terms in the agreement and understood the risks involved with the investment. Plaintiff agrees with the terms. Guardian Ad Litem confirmed the structure and payout of the settlement. The Court finds it is a reasonable and fair settlement, no objection based on the facts and the evidence. Order Permitting Compromise and Settlement on Behalf of a Minor ENTERED in open court. Counsel to supplement itemized bill. Counsel to furnish the Court with a copy of the annuity contract and if not submitted w/in 30 days, counsel is to send a letter to the Court (w/copy to USA) advising of the status of the annuity. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) (Main Document 17 replaced on 5/28/2015) (lbax, ). |
| Filing 16 MOTION for Settlement and Court Approval on Behalf of a Minor by B.S.G., a minor, by her mother and next friend, Malanena Gutierrez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Protil, Karl) |
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Filing 15
ORDER Granting #14 Motion to Appoint Guardian ad litem ad Litem. It appearing to the Court that B.S.G. is a minor, eleven (11) years of age. the Court hereby appoints Ros R. Willis, a discreet and competent attorney at law. as Guardian ad litem for the said beneficiary. Signed by District Judge Henry C. Morgan, Jr and filed on 5/21/15. Copies distributed to all parties 5/21/15. (ldab, )
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| Filing 14 MOTION to Appoint ad Litem on Behalf of the Minor B.S.G. by B.S.G., a minor, by her mother and next friend, Malanena Gutierrez. (Attachments: #1 Proposed Order)(Protil, Karl) |
| Filing 13 NOTICE of Settlement by United States of America (Kelley, George) |
| Infant Settlement Conference set for 5/28/2015 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
| Settlement Conference held on 5/11/2015 before Magistrate Judge Tommy E. Miller. (lwoo) |
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Filing 12
ORDER re #9 Motion to Amend/Correct that the style of the action shall read "B.S.G., a minor, by her mother and next friend, Malanena Gutierrez, Plaintiff, v. United States of America, Defendant." Signed by District Judge Henry C. Morgan, Jr and filed on 5/4/2015. (rsim, )
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Filing 11
Settlement Conference Order that all parties and their lead counsel are required to appear at the U.S. District Court, 600 Granby Street, Norfolk, VA at 10:00 a.m. on 05/11/2015 for the purpose of conducting discussions towards a compromised resolution of this case; EACH PARTY MUST BRING TO THE SETTLEMENT CONFERENCE A PERSON WITH FULL AND COMPLETE AUTHORITY TO SETTLE THE CASE; directing the parties to submit a brief memorandum of five pages or less to chambers (do not file in the clerk's office) on 05/07/2015 by noon. (See Order for Specifics) Signed by Magistrate Judge Tommy E. Miller on 5/4/15. (afar)
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| Set Deadlines/Hearings Settlement Conference reset for 5/11/2015 at 10:00 AM in Norfolk Judges Chamber before Magistrate Judge Tommy E. Miller. (afor) |
| Filing 10 Memorandum in Support re #9 Consent MOTION to Amend/Correct Style of Plaintiff's Complaint filed by Malanena Gutierrez. (Protil, Karl) |
| Notice of Correction re #9 Consent MOTION to Amend/Correct Style of Plaintiff's Complaint. The filing user has two (2) documents combined into Doc. 9 (Motion and Memorandum in Support). The filing user is requested to refile the Memorandum in Support as a separate document and link same back to Motion 9. All parties have been notified of this Notice of Correction. The filing user is also reminded that pleadings and certificates of service are to contain the 9-element signature block at all times. (ecav, ) |
| Filing 9 Consent MOTION to Amend/Correct Style of Plaintiff's Complaint by Malanena Gutierrez. (Attachments: #1 Proposed Order)(Protil, Karl) |
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Filing 8
RULE 16(b) SCHEDULING ORDER: Final Pretrial Conference set for 5/18/2015 at 02:30 PM in Norfolk Courtroom 2; Bench Trial set for 5/27/2015 at 10:00 AM in Norfolk Courtroom 2. Signed by District Judge Henry C. Morgan, Jr. on 10/16/14 and filed 10/17/14. (lbax, )
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| Rule 16(b) Scheduling Conference held on 10/6/2014. William F. Gibson, II appeared for the Plaintiff. George M. Kelley, III appeared for the United States of America. (lbax, ) |
| Filing 7 NOTICE of Appearance by Karl Josef Protil, Jr on behalf of Malanena Gutierrez (Protil, Karl) |
| Filing 6 NOTICE of Appearance by Karl Josef Protil, Jr on behalf of Malanena Gutierrez (Protil, Karl) |
| Notice of Correction re #6 Notice of Appearance: The signature block on the document does not match the filing users login. The filing user has been notified and has been asked to either refile the document or to have the attorney whose signature block appears on the document refile the document. (rsim, ) |
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Filing 5
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 10/6/2014 at 09:00 AM in Norfolk Conference Room 3 (outside Mag 2). Signed by Magistrate Judge Tommy E. Miller on 9/11/14 and filed 9/12/14. (lbax, )
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| Filing 4 ANSWER to #1 Complaint by United States of America.(Kelley, George) |
| Refer for 16(b) (ldab, ) |
| Filing 3 SUMMONS Returned Executed as to United States of America served on 6/26/2014. (rsim, ) |
| Filing 2 Two Summonses with one copy each issued as to United States of America, U.S. Attorney and U.S. Attorney General and mailed to counsel. (Attachments: #1 Magistrate Judge Notice & Judge's Instructions)(rsim, ) |
| Filing 1 COMPLAINT against United States of America ( Filing fee $ 400.00, receipt number 24683023452), filed by Malanena Gutierrez. (Attachments: #1 Civil Cover Sheet, #2 Receipt, #3 Letter)(rsim, ) |
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