Swan v. United States of America
Plaintiff: Swan and Galen Swan
Defendant: United States of America
Case Number: 3:2015cv00012
Filed: January 28, 2015
Court: US District Court for the District of Alaska
Office: Anchorage Office
County: Anchorage
Presiding Judge: John W Sedwick
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 2674
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 22, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 22, 2017 Opinion or Order Filing 61 JWS TEXT ORDER: The parties' stipulation at docket #60 for dismissal with prejudice, each party bearing such party's own costs and fees is effective without an order from the court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk will please close this file.(JLH, COURT STAFF)
May 19, 2017 Opinion or Order Filing 60 Joint STIPULATION to Dismiss with Prejudice by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
April 6, 2017 Opinion or Order Filing 59 TEXT STATUS REPORT ORDER. The court has reviewed the notice at docket 58 and appreciates being advised of the parties' settlement. Based thereon, the motion at docket 51 is denied as moot, the final pre-trial conference is vacated, and the trial is vacated. Unless closing papers are sooner filed, a status report shall be filed in 90 days. (GMM, CHAMBERS STAFF)
April 5, 2017 Opinion or Order Filing 58 NOTICE of Settlement by United States of America (Lindquist, Susan)
March 31, 2017 Opinion or Order Filing 57 Notice to Counsel re #56 Response in Opposition to Motion, filed by United States of America. A review of the document submitted at dkt 56 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 56. 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. (PRR, COURT STAFF)
March 30, 2017 Opinion or Order Filing 56 RESPONSE in Opposition re #51 First MOTION for Ruling of Law Establishing the Recoverability of Future Medical Care without Offset filed by United States of America. (Attachments: #1 Exhibit A - Swan Depo, #2 Exhibit B - Compact, #3 Exhibit C - Meds and Labs, #4 Exhibit D - Friedman LCP, #5 Exhibit E - Zent Declaration, #6 Exhibit F - Pharmacist Declaration, #7 Exhibit G - Astazeneca discontinued)(Lindquist, Susan)
March 19, 2017 Opinion or Order Filing 55 ORDER granting #54 Motion for Extension of Time to File Response re #51 First MOTION for Ruling of Law Establishing the Recoverability of Future Medical Care without Offset. Responses due by 3/30/2017. Signed by Judge John W. Sedwick on 3/19/17. (GMM, CHAMBERS STAFF)
March 16, 2017 Opinion or Order Filing 54 MOTION for Extension of Time to File Response/Reply as to #51 First MOTION for Ruling of Law Establishing the Recoverability of Future Medical Care without Offset (Unopposed) by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
March 14, 2017 Opinion or Order Filing 53 NOTICE of Appearance by Sara T. Gray on behalf of United States of America (Gray, Sara)
March 9, 2017 Opinion or Order Filing 52 MEMORANDUM in Support of Plaintiff's Motion for Ruling of Law Establishing the Recoverability of Future Medical Care Without Offset by Galen Swan #51 First MOTION for Ruling of Law Establishing the Recoverability of Future Medical Care without Offset filed by Galen Swan. (Attachments: #1 Exhibit Holland Order)(Henderson, David)
March 9, 2017 Opinion or Order Filing 51 First MOTION for Ruling of Law Establishing the Recoverability of Future Medical Care without Offset by Galen Swan. (Attachments: #1 Proposed Order Proposed ruling of law)(Henderson, David)
December 11, 2016 Opinion or Order Filing 50 PRETRIAL ORDER. Final Pretrial Conference set for 6/16/2017 at 09:00 AM before John W. Sedwick. Trial by Court set for 6/19/2017 at 09:00 AM before John W. Sedwick. Signed by Judge John W. Sedwick on 12/11/16. (GMM, CHAMBERS STAFF)
December 2, 2016 Opinion or Order Filing 49 STATUS REPORT re Dkt 47 by United States of America. (Lindquist, Susan)
December 1, 2016 Opinion or Order Filing 48 ORDER denying #23 Motion in Limine; granting in part and denying in part #27 Motion in Limine. See PDF document. Signed by Judge John W. Sedwick on 12/1/16. (GMM, CHAMBERS STAFF)
November 29, 2016 Opinion or Order Filing 47 Minute Entry for proceedings held before Judge John W. Sedwick: Motion Hearing held on 11/29/2016 re #23 MOTION in Limine Regarding Subsistence and #27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers, matters taken UNDER ADVISEMENT, written rulings to issue. Court ordered government to advise the court by 12/2/2016 if their experts are available for 6/19/2017 trial date, if not, advise the court if the week of 6/26/2017 is workable. Trial by Court set for 6/19/2017 at 09:00 AM in Anchorage Courtroom 2 before John W. Sedwick. (SDW, COURT STAFF)
October 13, 2016 Opinion or Order Filing 46 TEXT ORDER re #45 Status Report. The request for a trial setting conference at docket 45 is granted as follows: The court will convene a trial setting conference on November 29, 2016, immediately following the conclusion of the oral arguments which are scheduled to commence at 9:30 AM on that date. (GMM, CHAMBERS STAFF)
October 12, 2016 Opinion or Order Docket Annotation Immediate Action Needed: Your recent electronic filing with the District of Alaska is in error: Wrong Event Selected re: #43 Status Report filed by Galen Swan. ACTION NEEDED: Attorney to refile the document using the event Motion for Hearing and link it to the filing at docket #27 . Attorney also needs to attach an unsigned proposed order to the motion..Counsel is reminded of the requirement to email a Word version of the Proposed Order to the Judge's proposed email address. [SEE Section 23 of the Electronic Filing Administrative Policies and Procedures]. (BJK, COURT STAFF)
October 12, 2016 Opinion or Order Filing 45 STATUS REPORT Request Trial Date Setting Conference by Galen Swan. (Henderson, David) Modified on 10/13/2016 to reflect error: See 10/12/2016 Docket Annotation. (BJK, COURT STAFF).
October 11, 2016 Opinion or Order Filing 44 ORDER re #43 First MOTION for Hearing re #27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers. The court will hear oral argument on the motion at docket 27 immediately following the argument on the motion at docket 23, which has been set for 9:30 AM on November 29, 2016, before Judge John W. Sedwick. Each side will be limited to 10 minutes for argument on the motion at docket 27 unless otherwise announced at the time of the argument. Signed by Judge John W. Sedwick on 10/11/16. (GMM, CHAMBERS STAFF)
October 7, 2016 Opinion or Order Filing 43 First MOTION for Hearing re #27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers by Galen Swan. (Attachments: #1 Proposed Order)(Henderson, David)
October 3, 2016 Opinion or Order Filing 42 REPLY to Response to Motion re #27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers filed by United States of America. (Attachments: #1 Exhibit K- Legislative history)(Lindquist, Susan)
September 29, 2016 Opinion or Order Filing 41 TEXT ORDER re #39 MOTION for Hearing re #23 MOTION in Limine Regarding Subsistence. The motion at docket 39 for oral argument on defendant's motion in limine is granted as follows: Oral argument will be heard in a courtroom in the James M. Fitzgerald Courthouse at 9:30 AM on November 29, 2016. Unless otherwise noted at the time of the argument, each side will be limited to 15 minutes. (GMM, CHAMBERS STAFF)
September 24, 2016 Opinion or Order Filing 40 TEXT ORDER granting #37 Motion for Extension of Time to File Reply re #27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers. Replies due by 10/3/2016. (GMM, CHAMBERS STAFF)
September 23, 2016 Opinion or Order Filing 39 MOTION for Hearing re #23 MOTION in Limine Regarding Subsistence by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
September 23, 2016 Opinion or Order Filing 38 REPLY to Response to Motion re #23 MOTION in Limine Regarding Subsistence filed by United States of America. (Attachments: #1 Exhibit A- Luick Report, #2 Exhibit B- 04 Senate Comm Mar 17 2005, #3 Exhibit C- DVD Pages, #4 Exhibit D- PreliminaryApprovalOrder, #5 Exhibit E- Richards CV)(Lindquist, Susan)
September 21, 2016 Opinion or Order Filing 37 MOTION for Extension of Time to File Response/Reply (Unopposed) by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
September 16, 2016 Opinion or Order Filing 36 Notice to Counsel re #35 Response in Opposition to Motion, filed by Galen Swan. A review of the document submitted at dkt 35 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 35. 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)
September 16, 2016 Opinion or Order Filing 35 RESPONSE in Opposition re #27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers filed by Galen Swan. (Attachments: #1 Exhibit A - Minutes, #2 Exhibit B - Mark Gordon, #3 Exhibit C - Judy Schmidt, #4 Proposed Order Deny US Motion)(Henderson, David)
September 14, 2016 Opinion or Order Filing 34 NOTICE of Errata re Dkt 23-1 by United States of America re #23 MOTION in Limine Regarding Subsistence (Attachments: #1 Exhibit A- Richards Report)(Lindquist, Susan)
September 13, 2016 Opinion or Order Filing 33 RESPONSE in Opposition re #23 MOTION in Limine Regarding Subsistence filed by Galen Swan. (Attachments: #1 Exhibit Exhibit A - Richards report, #2 Exhibit Exhibit B - Deepwater exhibit)(Henderson, David)
September 7, 2016 Opinion or Order Filing 32 TEXT ORDER granting #29 Motion for Extension of Time to File Response re #23 MOTION in Limine Regarding Subsistence. Responses due by 9/16/2016. [NOTE TO COUNSEL: A copy of proposed orders is to be provided to the presiding judge in Word or Word Perfect format.] (GMM, CHAMBERS STAFF)
September 6, 2016 Opinion or Order Filing 31 ORDER granting #21 Motion to Dismiss clms for failure to obtain informed consent & for negligent provision of radiation therapy; plf's other clms remain. (PRR, COURT STAFF)
September 6, 2016 Opinion or Order Filing 30 DECLARATION of David Henderson re #29 MOTION for Extension of Time to File Response/Reply as to #23 MOTION in Limine Regarding Subsistence by Galen Swan. (Henderson, David)
September 6, 2016 Opinion or Order Filing 29 MOTION for Extension of Time to File Response/Reply as to #23 MOTION in Limine Regarding Subsistence by Galen Swan.(Henderson, David)
September 2, 2016 Opinion or Order Filing 28 Notice to Counsel re #27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers filed by United States of America. A review of the document submitted at dkt 27 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 27. 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)
September 2, 2016 Opinion or Order Filing 27 MOTION in Limine to Preclude Plaintiff's Experts from Testifying about the Standard of Care for Medical Providers by United States of America. (Attachments: #1 Exhibit A- Isabelle-Matilda Booth certificates, #2 Exhibit B- Slater certification, #3 Exhibit C- Lagerberg certification, #4 Exhibit D- Rawls certification, #5 Exhibit E- Torres-Marquart Board certifications, #6 Exhibit F- Schmidt Depo, #7 Exhibit G- Schmidt Expert Report, #8 Exhibit H- Gordon Depo, #9 Exhibit I- Gordon Rebuttal Report, #10 Exhibit J- Gordon CV)(Lindquist, Susan)
September 1, 2016 Opinion or Order Filing 26 RESPONSE to Motion (Non-Opposition) re #21 MOTION to Dismiss Claims for Failure to Give Informed Consent and Negligent Provision of Radiation Therapy filed by Galen Swan. (Henderson, David)
August 29, 2016 Opinion or Order Filing 25 TEXT ORDER re #22 Motion for Extension of Time to File. The Defendant's motion in limine shall be filed by September 2, 2016. (GMM, CHAMBERS STAFF)
August 26, 2016 Opinion or Order Filing 24 Notice to Counsel re #23 MOTION in Limine Regarding Subsistence filed by United States of America. A review of the document submitted at dkt 23 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 23. 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)
August 26, 2016 Opinion or Order Filing 23 MOTION in Limine Regarding Subsistence by United States of America. (Attachments: #1 Exhibit A - Richards Report, #2 Exhibit B - Swan Depo, #3 Exhibit C - Richards Depo, #4 Exhibit D - Swan Resp to Disc, #5 Exhibit E - Dkt 59 Order, #6 Exhibit F - Excerpt Richards Working File)(Lindquist, Susan)
August 26, 2016 Opinion or Order Filing 22 MOTION for Extension of Time to File Motion in Limine by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
August 19, 2016 Opinion or Order Filing 21 MOTION to Dismiss Claims for Failure to Give Informed Consent and Negligent Provision of Radiation Therapy by United States of America. (Attachments: #1 Exhibit A- Dr. Kadiyala Consultation, #2 Exhibit B- Dr. Bucci New Patient Consultation, #3 Exhibit C- SF95, #4 Exhibit D- Depo of Dr. Schmidt, #5 Exhibit E- Schmidt Whiting Rebuttal Report, #6 Exhibit F- Gordon Rebuttal Report, #7 Exhibit G- Depo of Dr. Gordon, #8 Exhibit H- Anchorage & Valley Radiation Therapy Center)(Lindquist, Susan)
June 16, 2016 Opinion or Order Filing 20 Witness List by United States of America. (Lindquist, Susan)
June 16, 2016 Opinion or Order Filing 19 Witness List by Galen Swan. (Henderson, David)
May 30, 2016 Opinion or Order Filing 18 SCHEDULING ORDER re STIPULATION Extension of Time. Final witness lists due 6/16/16; Discovery due by 8/12/2016; Dispositive Motions due by 8/19/2016; Motions in Limine due 8/26/16. (GMM, CHAMBERS STAFF)
May 27, 2016 Opinion or Order Filing 17 STIPULATION Extension of Time by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
April 3, 2016 Opinion or Order Filing 16 SCHEDULING ORDER: New stipulated pretrial discovery deadlines are as follow: Rebuttal Reports due 05/04/2016; Final Witness Lists due 05/27/2016; Discovery Closes 06/20/2016; Dispositive Motions due 06/27/2016; Motions in limine due 07/08/2016. Signed by Judge John W. Sedwick on 4/3/16. (GMM, CHAMBERS STAFF)
April 1, 2016 Opinion or Order Filing 15 Joint STIPULATION to Extend Pretrial Discovery Deadlines by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
January 12, 2016 Opinion or Order Filing 14 SCHEDULING ORDER. New stipulated pretrial discovery deadlines are as follow: Defendant's Expert Disclosures due 02/29/2016; Rebuttal Reports due 03/30/2016; Final Witness List due 04/22/2016; Discovery Closes 05/16/2016; Dispositive Motions due 05/23/2016; Motions in limine due 06/03/2016. [Motions terminated: #13 Joint STIPULATION to Extend Pretrial Discovery Deadlines] Signed by Judge John W. Sedwick on 1/12/16. (GMM, CHAMBERS STAFF)
January 11, 2016 Opinion or Order Filing 13 Joint STIPULATION to Extend Pretrial Discovery Deadlines by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
October 15, 2015 Opinion or Order Filing 12 ORDER granting #11 STIPULATION TO EXTEND PRETRIAL DISCOVERY DEADLINES. Discovery closes 2/16/16; dispositive motions due on or before 2/23/16. See PDF for all other revised deadlines. Signed by Judge John W. Sedwick on 10/15/15. (GMM, CHAMBERS STAFF)
October 13, 2015 Opinion or Order Filing 11 Joint STIPULATION to Extend Pretrial Discovery Deadlines by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan)
May 6, 2015 Opinion or Order Filing 10 SCHEDULING ORDER: Discovery due by 1/22/2016. Motions due by 1/29/2016. See full PDF for details. Signed by Judge John W. Sedwick on 5/6/15. (NKD, COURT STAFF)
April 30, 2015 Opinion or Order Filing 9 REPORT of Rule 26(f) Planning Meeting. (Henderson, David)
April 30, 2015 Opinion or Order Docket Annotation : Thank you for your recent electronic filing with the District of Alaska. ERROR Wrong Event Selected re: #8 Status Report filed by Galen Swan. CORRECTION: Attorney to refile the document using the event Report of Rule 26(f) Planning Meeting (BJK, COURT STAFF)
April 29, 2015 Opinion or Order Filing 8 STATUS REPORT ON DISCOVERY SCHEDULE by Galen Swan. (Henderson, David) Modified on 4/30/2015 to reflect error: See 4/30/2015 Docket Annotation. (BJK, COURT STAFF).
April 7, 2015 Opinion or Order Filing 7 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)
April 6, 2015 Opinion or Order Filing 6 ANSWER to #1 Complaint by United States of America.(Lindquist, Susan)
March 31, 2015 Opinion or Order Filing 5 CERTIFICATE OF SERVICE by Galen Swan on USA (Henderson, David)
March 31, 2015 Opinion or Order Filing 4 ORDER. Plaintiff is required to take action as to re #1 Complaint, Failure to Serve. (BJK, COURT STAFF)
January 28, 2015 Opinion or Order Filing 3 Unissued summons re Defendant United States of America, (Attachments: #1 Unissued Summons re Defendant USAG)(TYM, COURT STAFF)
January 28, 2015 Opinion or Order Filing 2 Civil Cover Sheet. (TYM, COURT STAFF)
January 28, 2015 Opinion or Order Filing 1 COMPLAINT against United States of America (Filing fee $400, Receipt No. ANC010087), filed by Galen Swan.(TYM, COURT STAFF)
January 28, 2015 Opinion or Order Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General. (TYM, COURT STAFF)

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Plaintiff: Swan
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Plaintiff: Galen Swan
Represented By: David Nelson Henderson
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Defendant: United States of America
Represented By: Sara T. Gray
Represented By: Susan J. Lindquist
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