Cabales et al v. Morgan et al
| Jaclyn Cabales and Jonathan Cabales |
| Albert E. Morgan, Arctic Chiropractic Bethel, LLC and Christopher F. Twiford |
| Yukon Kuskokwim Health Corporation and United States of America |
| 3:2014cv00161 |
| June 24, 2014 |
| U.S. District Court for the District of Alaska |
| Anchorage Office |
| Anchorage |
| John W Sedwick |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Medical Malpractice |
| Both |
Docket Report
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This docket was last retrieved on April 12, 2016. A more recent docket listing may be available from PACER.
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Filing 108
DISMISSAL ORDER: This litigation is HEREBY DISMISSED WITH PREJUDICE, with all parties bearing their own costs and attorneys' fees. Signed by Judge John W. Sedwick on 04/12/2016. (CME, COURT STAFF)
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Filing 107
STATUS REPORT per Court's order at Docket 106 by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 106
ORDER granting #105 Motion to Continue pretrial deadlines for 21 days. No later than March 29, 2016, counsel for the Plaintiffs shall inform the Court as to the status of settlement. Signed by Judge John W. Sedwick on 3/9/16. (GMM, CHAMBERS STAFF)
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Filing 105
MOTION to Continue Unopposed Motion to Extend All Pretrial Deadlines Pending Settlement Effort by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 104
ANSWER to #103 Amended Complaint by Christopher F. Twiford.(Hanson, Michael)
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Filing 103
AMENDED COMPLAINT Plaintiffs' Third Amended Complaint against All Defendants, filed by Jonathan Cabales, Jaclyn Cabales.(Angstman, Myron)
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Filing 102
NOTICE OF COMPLIANCE WITH ORDER AT DOCKET 100 & OBJECTION TO APPLICATION OF "LAW OF THE CASE" by Jaclyn Cabales, Jonathan Cabales re #100 Order on Motion to Amend/Correct,,, (Angstman, Myron)
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Filing 101
ORDER denying #90 Motion to Remand. (GMM, CHAMBERS STAFF)
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Filing 100
ORDER granting in part and denying in part #88 Motion to Amend/Correct. Plaintiffs' negligence claim against Twiford set forth in Counts III and IV of the proposed second amended complaint, including any claim for negligent hiring, are barred based on the court's prior orders. Plaintiffs' informed consent claim set forth in Count VII of the proposed second amended complaint is permissible to the extent it alleges that the Defendants failed to obtain the necessary informed consent for Cabales's chiropractic treatment, but not to the extent it alleges Twiford was negligent on April 2, 2011, for his failure to inform Cabales about the potential nature of her injuries. Plaintiffs are directed to file an amended complaint that complies with this order by February 5, 2016. Signed by Judge John W. Sedwick on 1/29/16. (GMM, CHAMBERS STAFF)
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Filing 99
ORDER: RE #98 Motion for Reconsideration is GRANTED. The Reply filed at Docket #97 is re-instated as timely filed. (See order for details). Signed by Judge John W. Sedwick on 12/10/2015. (CME, COURT STAFF)
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Filing 98
MOTION for Reconsideration re #90 MOTION to Remand State Law Claims Because of The Absence of Supplemental Jurisdiction by Jaclyn Cabales, Jonathan Cabales.(Angstman, Myron)
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Docket Annotation re #97 Reply to Response to Motion : ERROR: The "Reply" was filed late and will not be allowed. CORRECTION: Attorney may file a Motion to Accept Late Filing of Reply to Motion to Remand at Docket #90 . If the Motion is Granted the Attorney may re-file the Reply and link it to the Motion to Remnd #90 . (CME, COURT STAFF)
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Filing 97
REPLY to Response to Motion re #90 MOTION to Remand State Law Claims Because of The Absence of Supplemental Jurisdiction filed by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron) Modified on 12/8/2015 Remove relationship to document #90 see 12/08/15 docket annotation (CME, COURT STAFF). Modified on 12/10/2015 Create relationship to document #90 per order at dkt 99. (CME, COURT STAFF).
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Filing 96
REPLY to Response to Motion re #88 MOTION to Amend/Correct filed by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron)
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Filing 95
RESPONSE in Opposition re #90 MOTION to Remand State Law Claims Because of The Absence of Supplemental Jurisdiction filed by Arctic Chiropractic Bethel, LLC. (Boyle, Dennis)
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Filing 94
RESPONSE in Opposition re #88 MOTION to Amend/Correct filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 93
RESPONSE in Opposition re #90 MOTION to Remand State Law Claims Because of The Absence of Supplemental Jurisdiction filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 92
Notice to Counsel re #89 Memorandum filed by Jonathan Cabales, Jaclyn Cabales. A review of the document submitted at dkt 89 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 89. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (NKD, COURT STAFF)
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Filing 91
MEMORANDUM in Support of Motion to Remand by Jaclyn Cabales, Jonathan Cabales #90 MOTION to Remand State Law Claims Because of The Absence of Supplemental Jurisdiction filed by Jonathan Cabales, Jaclyn Cabales. (Angstman, Myron)
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Filing 90
MOTION to Remand State Law Claims Because of The Absence of Supplemental Jurisdiction by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 89
MEMORANDUM in Support of Motion to Amend by Jaclyn Cabales, Jonathan Cabales #88 MOTION to Amend/Correct filed by Jonathan Cabales, Jaclyn Cabales. (Attachments: #1 Exhibit A, #2 Exhibit B)(Angstman, Myron)
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Filing 88
MOTION to Amend/Correct by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 87
Witness List by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron)
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Filing 86
ORDER granting #85 Motion for Extension of Time to File. Plaintiffs' Preliminary Witness List deadline is extended to October 15, 2015; andPlaintiffs' Pre-Discovery Disclosures are extended to October 15, 2015. Signed by Judge John W. Sedwick on 10/8/15. (GMM, CHAMBERS STAFF)
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Filing 85
MOTION for Extension of Time to File UNOPPOSED by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 84
ORDER re #76 Motion for Default Judgment. In the order at docket 75, the court indicated that entry of default judgment against defaulted defendant Morgan might be appropriate. Responding to the order at docket 76, plaintiff moved for entry of default judgment. Defendant Arctic Chiropractic opposed at docket 79. Plaintiff replied at docket 83. The briefing discusses whether the judgment should be declared final under Rule 54(b). Neither party favors that. The court agrees that if a default judgment were entered, it would be unwise to declare it a final judgment pursuant to Rule 54(b). It now appears that entering a default judgment as to defaulted defendant Morgan would increase rather than decrease the effort and expense necessary to draw this litigation to a conclusion. The court will leave things in the status existing prior to issuance of the ill-advised order at docket 75. Accordingly, the motion for entry of a default judgment against defaulted defendant Morgan at docket 76 is DENIED without prejudice to a later entry of judgment against Morgan. (GMM, CHAMBERS STAFF)
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Filing 83
REPLY to Response to Motion re #76 MOTION for Default Judgment as to filed by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron)
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Filing 82
SCHEDULING AND PLANNING ORDER: Amended Pleadings and Joinder of Parties due by 11/6/2015. Discovery due by 5/15/2016. Dispositive Motions due by 6/17/2016. See PDF for all other deadlines. Signed by Judge John W. Sedwick on 9/4/15. (GMM, CHAMBERS STAFF)
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Filing 81
REPORT of Rule 26(f) Planning Meeting. (Angstman, Myron)
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Filing 80
RESPONSE in Opposition re #76 MOTION for Default Judgment as to Albert E. Morgan, D.C. filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 79
RESPONSE in Opposition re #76 MOTION for Default Judgment as to Albert E. Morgan, D.C. filed by Arctic Chiropractic Bethel, LLC. (Boyle, Dennis)
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Filing 78
AFFIDAVIT of Myron Angstman re #76 MOTION for Entry of Default Judgment Against Defendant Albert E. Morgan, D.C. by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron)
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Filing 77
MEMORANDUM Supporting Motion for Entry of Default Judgment Against Defendant Albert E. Morgan, D.C. by Jaclyn Cabales, Jonathan Cabales #76 MOTION for Entry of Default Judgment Against Defendant Albert E. Morgan, D.C. filed by Jonathan Cabales, Jaclyn Cabales. (Angstman, Myron)
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Filing 76
MOTION for Entry of Default Judgment as to Defendant Albert E. Morgan, D.C. by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron) Modified on 9/1/2015 to correct motion type, docket text and regenerate NEF(NKD, COURT STAFF).
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Filing 75
JUDGE SEDWICK TEXT ORDER: The default of defendant Albert E. Morgan, D.C. ("Morgan") was entered prior to removal of this case from state court to this court. Any motion to set aside Morgan's default shall be filed within 14 days from the filing of this order. If no motion to set aside Morgan's default is timely filed, plaintiff shall move for a default judgment against Morgan within 21 days from the date of this order. If a motion to set aside Morgan's default is filed but denied, plaintiff shall move for entry of a default judgment against Morgan within 7 days from the date of the order denying the motion to set aside the default. (NKD, COURT STAFF)
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Filing 74
INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 28 days of service of this order. (BJK, COURT STAFF)
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Filing 73
ORDER denying #67 Motion for Reconsideration. Signed by Judge John W. Sedwick on 8/7/15. (NKD, COURT STAFF)
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Filing 72
RESPONSE TO ORDER Plaintiffs' Reply Relating to Reconsideration Order at Docket 68 by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron) Modified on 7/8/2015 to create relationship to document #67 (NKD, COURT STAFF).
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Filing 71
JUDGE SEDWICK TEXT ORDER re #70 Response to Order. The request for clarification at docket 70 is granted as follows: Because the court's order at docket 68 requested briefing on three distinct issues and also provided for a reply to be filed, the motion practice generated by that order cannot reasonably be limited to five-page memoranda. The court accepts defendant's response at docket 69, even though it exceeds five pages. The court will also accept a reply from plaintiffs which exceeds five pages in length. (GMM, CHAMBERS STAFF) Modified on 6/26/2015 Create relationship to document #67(CME, COURT STAFF).
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Filing 70
RESPONSE TO ORDER Request for Clarification at Docket 68 by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron) Modified on 6/25/2015 Create relationship to document #67(CME, COURT STAFF).
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Filing 69
RESPONSE in Opposition re #67 MOTION for Reconsideration re #66 Order on Motion for Partial Summary Judgment filed by Christopher F. Twiford. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hanson, Michael)
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Filing 68
ORDER re #67 MOTION for Reconsideration re #66 Order on Motion for Partial Summary Judgment. Plaintiffs' motion at docket 67 is DENIED IN PART as to the assertion that delay in getting Cabales to the hospital supports a claim against Twiford. HOWEVER, as to the negligent hiring claim, the court will require a response from Twiford which should address the following issues: (1) Have Plaintiffs actually pled a negligent hiring claim; (2) Can Twiford individually be held responsible for the engagement of Morgan by Arctic Chiropractic; and (3) Does Plaintiffs expert's opinion create a disputed issue of material fact regarding negligence in the engagement of Morgan. This response shall be filed in 14 days. Upon service of the response, Plaintiffs shall have 7 days to respond. Signed by Judge John W. Sedwick on 6/10/15. (GMM, CHAMBERS STAFF)
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Filing 67
MOTION for Reconsideration re #66 Order on Motion for Partial Summary Judgment by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Exhibit A, #2 Exhibit B)(Angstman, Myron)
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Filing 66
ORDER granting #58 Motion for Partial Summary Judgment. Signed by Judge John W. Sedwick on 5/21/15. (NKD, COURT STAFF)
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Filing 65
REPLY to Response to Motion re #58 MOTION for Partial Summary Judgment filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 64
ORDER denying #38 Motion to Stay. Signed by Judge John W. Sedwick on 3/6/15. (GMM, CHAMBERS STAFF)
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Filing 63
Notice to Counsel re #62 Response in Opposition to Motion, filed by Jonathan Cabales, Jaclyn Cabales. A review of the document submitted at dkt 62 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 62. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (NKD, COURT STAFF)
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Filing 62
RESPONSE in Opposition re #58 MOTION for Partial Summary Judgment filed by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K)(Angstman, Myron)
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Filing 61
ORDER granting #60 Motion for Extension of Time to File Response re #58 MOTION for Partial Summary Judgment. Responses due by 2/27/2015. Signed by Judge John W. Sedwick on 2/6/15. (GMM, CHAMBERS STAFF)
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Filing 60
MOTION for Extension of Time to File Response/Reply as to #58 MOTION for Partial Summary Judgment UNOPPOSED MOTION by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 59
MEMORANDUM by Christopher F. Twiford #58 MOTION for Partial Summary Judgment filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 58
MOTION for Partial Summary Judgment by Christopher F. Twiford. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C1, #4 Exhibit C2, #5 Exhibit C3, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Proposed Order)(Hanson, Michael)
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Filing 57
REPLY to Response to Motion re #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action filed by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron)
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Filing 56
ANSWER to #55 Third Party Complaint by United States of America.(Guarino, Gary)
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Filing 55
THIRD PARTY COMPLAINT against United States of America, filed by Christopher F. Twiford.(Hanson, Michael)
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Filing 54
Minute Entry for proceedings held before Judge John W. Sedwick: Oral Argument on Motion to Dismiss #26 held on 12/8/2014. Motion to Dismiss #26 was GRANTED as follows: No Party may recover damages from the United States. The United States remains a party solely for the purposes of apportioning fault. (DJE, COURT STAFF)
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Filing 53
JUDGE SEDWICK TEXT ORDER granting in part #28 Motion for Leave to File. At docket 28, defendant Twiford moves for permission to file a third-party complaint seeking apportionment of fault against the United States. Plaintiff opposes at docket 40, and Twiford replies at docket 28. Having considered the parties' arguments, the court finds that the arguments advanced and authorities cited by Twiford are persuasive and adopts them as the rationale for this order. The motion at docket 28 is GRANTED in part as follows: The proposed third-party complaint at docket 28-1 shall be modified such that paragraph 2 in the prayer for relief is amplified by the addition of the following clause after the word "fault" in the last line of the paragraph: ", provided that no damages may be awarded against or recovered from the United States." Twiford shall file the modified third-party complaint within 7 days from the date of this order, and the United States shall file an appropriate response within 14 days from the date of this order. (GMM, CHAMBERS STAFF)
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Filing 52
ORDER granting #50 Motion to Participate Telephonically at December 8, 2014 Oral Argument. See pdf for full details. Signed by Judge John W. Sedwick on 12/3/14. (NKD, COURT STAFF)
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Filing 51
RESPONSE in Opposition re #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 50
MOTION to Participate Telephonically at December 8, 2014 Oral Argument by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron) Modified on 12/3/2014 to change to motion event, correct dkt txt regenerate NEF(NKD, COURT STAFF).
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Filing 49
RESPONSE in Opposition re #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action filed by Arctic Chiropractic Bethel, LLC. (Boyle, Dennis)
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Filing 48
ORDER granting #46 Motion for Hearing; Oral argument on Motion to Dismiss #26 will be heard on December 8, 2014, at 9:00 AM. Signed by Judge John W. Sedwick on 12/1/14. (NKD, COURT STAFF) Modified on 12/1/2014 to create relationship to document #26 (NKD, COURT STAFF).
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Filing 47
REPLY to Response to Motion re #28 MOTION for Leave to File Third Party Complaint filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 46
MOTION for Hearing by United States of America. (Attachments: #1 Proposed Order)(Guarino, Gary) Modified on 11/25/2014 to create relationship to document #26 (NKD, COURT STAFF).
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Filing 45
REPLY to Response to Motion re #26 MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b) filed by United States of America. (Guarino, Gary)
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Filing 44
MEMORANDUM in Support of by Jaclyn Cabales, Jonathan Cabales #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action filed by Jonathan Cabales, Jaclyn Cabales. (Angstman, Myron)
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Filing 43
MOTION to Stay re #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron) Modified on 11/18/2014 to remove relationship to document #38 and indicate error. See 11/18/14 Docket Annotation (NKD, COURT STAFF).
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Filing 42
MEMORANDUM of Law in Opposition by Arctic Chiropractic Bethel, LLC #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action filed by Jonathan Cabales, Jaclyn Cabales. (Boyle, Dennis) Modified on 11/18/2014 to remove relationship to document #38 and indicate error. See 11/18/14 Docket Annotation (NKD, COURT STAFF).
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Filing 41
NOTICE of Change of Address by Dennis E. Boyle (Boyle, Dennis)
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Docket Annotation ERROR Wrong Event Selected re: #39 MOTION to Stay re #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action Memorandum in Support of filed by Jonathan Cabales, Jaclyn Cabales. CORRECTION: Attorney to refile the document using the event Memorandum and link it to the filing at docket #38 . Motion has been terminated. (BJK, COURT STAFF)
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Docket Annotation ERROR Wrong Event Selected re: #42 Memorandum, filed by Arctic Chiropractic Bethel, LLC. CORRECTION: Attorney to refile the document using the event Response in Opposition to Motion and link it to the filing at docket #26 . (NKD, COURT STAFF)
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Docket Annotation: The parties are advised that the filing at docket #43 MOTION to Stay re #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action is a duplicate filing to the one at docket #38 and should re disregarded as duplicate. (NKD, COURT STAFF)
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Filing 40
RESPONSE in Opposition re #28 MOTION for Leave to File Third Party Complaint filed by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Exhibit A)(Angstman, Myron)
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Filing 39
MOTION to Stay re #38 MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action Memorandum in Support of by Jaclyn Cabales, Jonathan Cabales.(Angstman, Myron) Modified on 11/18/2014 to reflect error and Remove relationship to document #38 : See 11/18/2014 Docket Annotation. (BJK, COURT STAFF).
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Filing 38
MOTION to Stay Motion to Abstain & Stay Equitable Allocation Issues Until Liability is Established in Plaintiffs' State Court Tort Action by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 37
RESPONSE in Opposition re #26 MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b) filed by Jaclyn Cabales, Jonathan Cabales. (Angstman, Myron)
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Filing 36
RESPONSE in Opposition re #26 MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b) filed by Arctic Chiropractic Bethel, LLC. (Boyle, Dennis)
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Filing 35
RESPONSE in Opposition re #26 MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b) filed by Christopher F. Twiford. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hanson, Michael)
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Response/Reply re #26 MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b), #28 MOTION for Leave to File Third Party Complaint Responses due by 11/17/2014. Signed by Judge John W. Sedwick on 10/31/14. (NKD, COURT STAFF)
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Filing 33
MOTION for Extension of Time to File Response/Reply as to #28 MOTION for Leave to File Third Party Complaint, #27 Memorandum by Jaclyn Cabales, Jonathan Cabales. (Attachments: #1 Proposed Order)(Angstman, Myron)
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Filing 32
JWS TEXT ORDER: The motion at docket #31 for an extension of time to file until November 17, 2014 is GRANTED for good cause shown. (RMC, COURT STAFF)
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Filing 31
MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b), #27 Memorandum by Arctic Chiropractic Bethel, LLC. (Attachments: #1 Proposed Order)(Boyle, Dennis)
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Filing 30
MEMORANDUM of Points and Authorities by Christopher F. Twiford #28 MOTION for Leave to File Third Party Complaint filed by Christopher F. Twiford, #29 Affidavit filed by Christopher F. Twiford. (Hanson, Michael)
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Filing 29
AFFIDAVIT of Counsel re #28 MOTION for Leave to File Third Party Complaint by Christopher F. Twiford. (Hanson, Michael)
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Filing 28
MOTION for Leave to File Third Party Complaint by Christopher F. Twiford. (Attachments: #1 Exhibit A, #2 Proposed Order)(Hanson, Michael)
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Filing 27
MEMORANDUM by United States of America #26 MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b) filed by United States of America. (Guarino, Gary)
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Filing 26
MOTION to Dismiss Claims for Damages Against the United States for Failure to File a Claim Under 28 U.S.C 2401(b) by United States of America. (Attachments: #1 Proposed Order)(Guarino, Gary)
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Filing 25
CLERK'S NOTICE: In accordance with Judge Sedwick's order 4:14-cv-00013-JWS has been transferred to this case. All future filings should bear the following case number: 3:14-cv-00161-JWS. (NKD, COURT STAFF)
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Filing 24
AMENDED MINUTE ENTRY: The parties are advised that the minute entry and PDF document re #23 Status Conference is amended as follows: Minute Entry for proceedings held before Judge John W. Sedwick: Status Conference held on 8/20/2014. Any outstanding motions, filed in State Court, were DENIED WITHOUT PREJUDICE. Mr. Campbell to apply to become a member of the federal bar by 8/27/2014. Motion re Jurisdiction due 10/20/2014. This case to be transferred from a Fairbanks case to an Anchorage case. (DJE, COURT STAFF)
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Filing 23
Minute Entry for proceedings held before Judge John W. Sedwick: Status Conference held on 8/20/2014. Any outstanding motions were DENIED WITHOUT PREJUDICE. Mr. Campbell to apply to become a member of the federal bar by 8/27/2014. Motion re Jurisdiction due 10/20/2014. This case to be transferred from a Fairbanks case to an Anchorage case. (DJE, COURT STAFF)
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Filing 22
NOTICE of Appearance by John P. Cashion on behalf of All Plaintiffs (Cashion, John)
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Filing 21
ANSWER to Complaint by United States of America.(Guarino, Gary)
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Filing 20
JWS ORDER: It has come to the Court's attention that Robert John Campbell is not a member of this Court's Bar. ACCORDINGLY, IT IS HEREBY ORDERED that Mr. Campbell shall forthwith file a Motion to Appear Pro Hac Vice as required by D.Ak. L.R.83.1(d). (NKD, COURT STAFF)
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Filing 19
JWS ORDER: A Telephonic Conference is set for 8/20/2014 09:00 AM (Alaska Time) in Anchorage Courtroom 4 before John W. Sedwick. Counsel, not resident in Alaska, may participate telephonically by calling 907-677-6247 five minutes prior to the scheduled hearing time. (NKD, COURT STAFF)
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Filing 18
NOTICE of Supplemental Authority re 16-7 by Jaclyn Cabales, Jonathan Cabales re #16 Notice of Lodging State Court Document(s), (Angstman, Myron)
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Filing 17
Notice to Counsel re #14 Notice of Lodging State Court Document(s),, filed by United States of America, #13 Notice of Lodging State Court Document(s),, filed by United States of America, #16 Notice of Lodging State Court Document(s), filed by United States of America, #12 Notice of Lodging State Court Document(s),, filed by United States of America, #15 Notice of Lodging State Court Document(s),, filed by United States of America. A review of the document submitted at dkt 12, 13, 14, 15 & 16 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 12,13,14,15 & 16. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (BJK, COURT STAFF)
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Filing 16
NOTICE OF LODGING STATE COURT DOCUMENT(S) by United States of America (Attachments: #1 Exhibit DA, #2 Exhibit DB, #3 Exhibit DC, #4 Exhibit DD, #5 Exhibit DE, #6 Exhibit DF, #7 Exhibit DG, #8 Exhibit DH, #9 Exhibit DI, #10 Exhibit DJ, #11 Exhibit DK, #12 Exhibit DL, #13 Exhibit DM)(Guarino, Gary)
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Filing 15
NOTICE OF LODGING STATE COURT DOCUMENT(S) by United States of America (Attachments: #1 Exhibit CA, #2 Exhibit CB, #3 Exhibit CC, #4 Exhibit CD, #5 Exhibit CE, #6 Exhibit CF, #7 Exhibit CG, #8 Exhibit CH, #9 Exhibit CI, #10 Exhibit CJ, #11 Exhibit CK, #12 Exhibit CL, #13 Exhibit CM, #14 Exhibit CN, #15 Exhibit CO, #16 Exhibit CP, #17 Exhibit CQ, #18 Exhibit CR, #19 Exhibit CS, #20 Exhibit CT, #21 Exhibit CU, #22 Exhibit CV, #23 Exhibit CW, #24 Exhibit CX, #25 Exhibit CY, #26 Exhibit CZ)(Guarino, Gary)
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Filing 14
NOTICE OF LODGING STATE COURT DOCUMENT(S) by United States of America (Attachments: #1 Exhibit BA, #2 Exhibit BB, #3 Exhibit BC, #4 Exhibit BD, #5 Exhibit BE, #6 Exhibit BF, #7 Exhibit BG, #8 Exhibit BH, #9 Exhibit BI, #10 Exhibit BJ, #11 Exhibit BK, #12 Exhibit BL, #13 Exhibit BM, #14 Exhibit BN, #15 Exhibit BO, #16 Exhibit BP, #17 Exhibit BQ, #18 Exhibit BR, #19 Exhibit BS, #20 Exhibit BT, #21 Exhibit BU, #22 Exhibit BV, #23 Exhibit BW, #24 Exhibit BX, #25 Exhibit BY, #26 Exhibit BZ)(Guarino, Gary)
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Filing 13
NOTICE OF LODGING STATE COURT DOCUMENT(S) by United States of America (Attachments: #1 Exhibit AA, #2 Exhibit AB, #3 Exhibit AC, #4 Exhibit AD, #5 Exhibit AE, #6 Exhibit AF, #7 Exhibit AG, #8 Exhibit AH, #9 Exhibit AI, #10 Exhibit AJ, #11 Exhibit AK, #12 Exhibit AL, #13 Exhibit AM, #14 Exhibit AN, #15 Exhibit AO, #16 Exhibit AP, #17 Exhibit AQ, #18 Exhibit AR, #19 Exhibit AS, #20 Exhibit AT, #21 Exhibit AU, #22 Exhibit AV, #23 Exhibit AW, #24 Exhibit AX, #25 Exhibit AY, #26 Exhibit AZ)(Guarino, Gary)
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Filing 12
NOTICE OF LODGING STATE COURT DOCUMENT(S) by United States of America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z)(Guarino, Gary)
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Filing 11
ORDER granting #10 Motion for Extension of Time to File State Court Documents. Documents to be filed by July 29, 2014. Signed by Judge John W. Sedwick on 7/15/14. (GMM, CHAMBERS STAFF)
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Filing 10
MOTION for Extension of Time to File State Court Documents (Unopposed) by United States of America. (Attachments: #1 Proposed Order)(Guarino, Gary)
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Filing 9
NOTICE of Withdrawal by Yukon Kuskokwim Health Corporation (Hutchings, Stephen)
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Filing 8
ORDER granting #7 Motion to Substitute Party. The caption for the third party complaint shall read: Arctic Chiropractic Bethel, LLC, Third-Party Plaintiff v. United States of America, third Party Defendant. Signed by Judge John W. Sedwick on 6/27/14. (RMC, COURT STAFF)
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Filing 7
MOTION to Substitute Party United States as Proper Third-Party Defendant by Yukon Kuskokwim Health Corporation. (Attachments: #1 Proposed Order)(Guarino, Gary)
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Filing 6
NOTICE OF FILING STATE COURT SERVICE LIST by Yukon Kuskokwim Health Corporation (Guarino, Gary)
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Filing 5
AMENDED ORDER to Petitioner Subsequent to Removal: Service list due within 10 days. State Court documents due within 20 days. (BJK, COURT STAFF)
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Filing 4
ORDER to Petitioner Subsequent to Removal: Service list due within 10 days. State Court documents due within 20 days. (BJK, COURT STAFF)
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Docket Annotation: Parties are advised that the Government's Certification, originally filed as an attachment to the Notice of Removal #1 , has been removed as an attachment and filed separately at Docket #3 . (PRR, COURT STAFF)
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Filing 3
CERTIFICATION by Yukon Kuskokwim Health Corporation re #1 Notice of Removal. (PRR, COURT STAFF)
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Filing 2
Civil Cover Sheet. (TYM, COURT STAFF)
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Filing 1
NOTICE OF REMOVAL by Yukon Kuskokwim Health Corporation from Superior Court State of Alaska 4th Judicial District Bethel, case number 4BE-13-0082 CI. (Attachments: #1 State Complaint, #2 State 3rd Party Complaint, (TYM, COURT STAFF) Modified on 6/24/2014 to remove certification as an attachment (PRR, COURT STAFF).
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