Smith et al v. United States of America
| Smith, Chastity Smith, L. L., D. E. and Estate of Chastity Smith |
| United States of America, Bristol Bay Area Health Corporation, Kanakanak Hospital, Togiak Health Clinic, Catherine Hyndman, Leona L Schroeder, Erin M Schroeder, Rene Greenley, Deanna J Snyder, Teresa R Frazier, Shirley M. Wassillie and Eric Gosuk |
| 3:2015cv00042 |
| March 16, 2015 |
| US District Court for the District of Alaska |
| Anchorage Office |
| Anchorage |
| John W Sedwick |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1442 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2018. A more recent docket listing may be available from PACER.
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| Filing 66 JUDGE SEDWICK TEXT ORDER: The parties stipulation at docket #65 for dismissal with prejudice, each party bearing such partys own costs and fees is effective without a court order: Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk will please close this case. (JLH, COURT STAFF) |
| Filing 65 STIPULATION of Dismissal by United States of America. (Lindquist, Susan) |
Filing 64
ORDER re: Certify Case Ready for Trial; parties to meet/confer and file report or request status conference within 14 days. Signed by Judge John W. Sedwick on 12/28/17. (JLH, COURT STAFF)
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| Filing 63 Final Witness List by United States of America. (Lindquist, Susan) Modified on 12/11/2017 to clarify docket text(PXS, COURT STAFF). |
| Filing 62 TEXT ORDER re #61 Motion for Extension of Time to Complete Discovery. Final witness list deadline is extended to 12/08/2017. (GMM, CHAMBERS STAFF) |
| Filing 61 MOTION for Extension of Time to Complete Discovery Unopposed by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan) |
| Filing 60 Witness List by Estate of Chastity Smith. (Cohn, Michael) |
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Filing 59
SCHEDULING ORDER re #58 MOTION for Extension of Time to Complete Discovery Discovery due by 12/22/2017. Dispositive Motions due by 12/22/2017. See order for all other revised deadlines.. Signed by Judge John W. Sedwick on 4/30/17. (GMM, CHAMBERS STAFF)
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| Filing 58 MOTION for Extension of Time to Complete Discovery Unopposed by United States of America. (Attachments: #1 Proposed Order)(Lindquist, Susan) |
| Filing 57 NOTICE of Appearance by Susan J. Lindquist on behalf of United States of America (Lindquist, Susan) |
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Filing 56
SCHEDULING ORDER re #55 Joint MOTION for Extension of Time to Complete Discovery. Discovery due by 9/22/2017. Dispositive Motions due by 9/22/2017. See PDF for all other new deadlines. Signed by Judge John W. Sedwick on 8/30/16. (GMM, CHAMBERS STAFF)
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| Filing 55 Joint MOTION for Extension of Time to Complete Discovery by United States of America. (Attachments: #1 Proposed Order)(Guarino, Gary) |
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Filing 54
ORDER granting #52 Motion to Amend Caption; plfs directed to amend caption on pleadings (see order for details). Signed by Judge John W. Sedwick on 8/17/16. (PRR, COURT STAFF)
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| Filing 53 RESPONSE in Support re #52 MOTION to Amend/Correct #50 Amended Complaint filed by Bristol Bay Area Health Corporation, Kanakanak Hospital, Togiak Health Clinic. (Hodes, Elizabeth) |
| Filing 52 MOTION to Amend/Correct #50 Amended Complaint by United States of America. (Attachments: #1 Proposed Order)(Guarino, Gary) |
| Filing 51 ANSWER to #50 Amended Complaint by United States of America.(Guarino, Gary) |
| Filing 50 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Cohn, Michael) |
| Filing 49 TEXT ORDER re #48 Status Report. The court has reviewed the report at docket 48 and the state court appointment order at docket 48-1. Mr. Frost in his capacity as personal representative may now move to substitute the Estate of Chastity Smith as the plaintiff. Thereafter, the Estate may move to amend the complaint. (GMM, CHAMBERS STAFF) |
| Filing 48 STATUS REPORT by D. E., L. L., Chastity Smith. (Attachments: #1 Exhibit A)(Cohn, Michael) |
| Filing 47 TEXT STATUS REPORT ORDER. The court has reviewed the report at docket 46. An updated status report shall be filed in 28 days. (GMM, CHAMBERS STAFF) |
| Docket Annotation: Your recent electronic filing with the District of Alaska is in error: Docket #46 Status Report filed by D. E., L. L., Chastity Smith Exhibit B is not in compliance with Fed. R. Civ. P. 5.2.In an abundance of caution access to the document has been secured and will only be accessible to court users and parties to this action. Counsel should review Fed. R. Civ. P. 5.2 and Section 28 of the Electronic Filing Administrative Policies and Procedures. (BJK, COURT STAFF) |
| Filing 46 STATUS REPORT by D. E., L. L., Chastity Smith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cohn, Michael) Modified on 5/25/2016 to reflect error: See 5/24/2016 Docket Annotation. (BJK, COURT STAFF). |
| Filing 45 TEXT STATUS REPORT ORDER. Counsel for plaintiff is directed to file a status report regarding the appointment of the personal representative within 14 days. (GMM, CHAMBERS STAFF) |
| Filing 44 TEXT ORDER re #41 Motion to Amend/Correct Complaint. The motion to file an amended complaint at docket 41 is denied without prejudice to re-filing after Mr. Frost has been designated as the Personal Representative of the Estate of Chastity Smith by the state court. (GMM, CHAMBERS STAFF) |
| Filing 43 RESPONSE in Opposition re #41 MOTION to Amend/Correct Complaint filed by United States of America. (Guarino, Gary) |
| Filing 42 TEXT ORDER re #41 MOTION to Amend/Correct Complaint. Defendant United States is directed to respond to the motion to amend at docket 41 within 14 days from the filing of this order. (GMM, CHAMBERS STAFF) |
| Docket Annotation: Your recent electronic filing with the District of Alaska is in error: Docket #41 MOTION to Amend/Correct Complaint filed by D. E., L. L., Chastity Smith : Exhibit A and Exhibit B are not in compliance with Fed. R. Civ. P. 5.2.In an abundance of caution access to these documents have been secured and will only be accessible to court users and parties to this action. Counsel should review Fed. R. Civ. P. 5.2 and Section 28 of the Electronic Filing Administrative Policies and Procedures. (BJK, COURT STAFF) |
| Filing 41 MOTION to Amend/Correct Complaint by D. E., L. L., Chastity Smith. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Weidner, Phillip) Modified on 2/3/2016 to reflect error: See 2/2/2016 Docket Annotation. (BJK, COURT STAFF). |
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Filing 40
SCHEDULING AND PLANNING ORDER: Amended Pleadings and Joinder of Parties due by 3/31/2016. Discovery due by 11/30/2016. Dispositive Motions due by 12/16/2016.See PDF for all other deadlines. Signed by Judge John W. Sedwick on 11/8/15. (GMM, CHAMBERS STAFF)
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| Filing 39 REPORT of Rule 26(f) Planning Meeting. (Guarino, Gary) |
| Filing 38 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) |
| Filing 37 ANSWER to Complaint by United States of America.(Guarino, Gary) |
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Filing 36
ORDER: An answer has not been filed by one or more defendants served in this case. Where the time to answer has expired, require an answer immediately or apply for default within 21 days from the date of this minute order. (NKD, COURT STAFF)
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Filing 35
ORDER granting #29 Motion to Substitute Party. The United States of America is substituted as a defendant in the place of Leona L. Schroeder; Leona L. Schroeder is dismissed as a party; and the caption is amended to conform to the substitution. (NKD, COURT STAFF)
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Filing 34
ORDER: Case dismissed w/o prejudice as to Erin M Schroeder for failure to make service. (NKD, COURT STAFF)
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Filing 33
ORDER granting #26 Motion to Substitute Party. The United States of America is substituted in the place of Shirley M. Wassillie as the defendant. Shirley M. Wassillie is dismissed as a party and the caption is amended to conform to the substitution. Signed by Judge John W. Sedwick on 7/20/15. (NKD, COURT STAFF)
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Filing 32
ORDER granting #25 Motion to Substitute Party. The United States of America is substituted as the defendant in the place of Deanna J. Snyder. Deanna J. Snyder is dismissed as a party and the caption is amended to conform to the substitution. Signed by Judge John W. Sedwick on 7/20/15. (NKD, COURT STAFF)
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Filing 31
ORDER granting #24 Motion to Substitute Party. The United States of America is substituted in the place of Eric Gosuk as the defendant. Eric Gosuk is dismissed as a party and the caption is amended to conform to the substitution. Signed by Judge John W. Sedwick on 7/20/15. (NKD, COURT STAFF)
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Filing 30
ORDER granting #23 Motion to Substitute Party. The United States of America is substituted in the place of Teresa R. Frazier as the defendant. Teresa R. Frazier is dismissed as a party and the caption is amended to conform to the substitution. Signed by Judge John W. Sedwick on 7/20/15. (NKD, COURT STAFF)
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| Filing 29 MOTION to Substitute Party US for LEONA L. SCHROEDER by United States. (Attachments: #1 Affidavit Certification by US Attorney, #2 Proposed Order)(Guarino, Gary) |
| Filing 28 JWS TEXT ORDER: It appears to the court that the order at docket #13 dismissing plaintiff's claims against Bristol Bay Area Health Corporation without prejudice should also have dismissed plaintiff's claims against Kanakanak Hospital and Togiak Health Clinic without prejudice. Unless within 7 days a party shows good cause why plaintiff's claims against Kanakanak Hospital and Togiak Heath Clinic should not be dismissed without prejudice, this order will have the effect of dismissing those claims without prejudice and terminating Kanakanak Hospital and Togiak Health Clinic as parties to this action. (PRR, COURT STAFF) |
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Filing 27
ORDER. Plaintiff is required to take action as to: Dismissal for Failure to Serve (Warning!). Proof of service as to all defendants is lacking. (BJK, COURT STAFF)
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| Filing 26 MOTION to Substitute Party US for SHIRLEY WASSILLIE by United States. (Attachments: #1 Affidavit US Attorney Loeffler Certification, #2 Proposed Order)(Guarino, Gary) |
| Filing 25 MOTION to Substitute Party US for DEANNA SNYDER by United States. (Attachments: #1 Affidavit US Attorney Loeffler Certification, #2 Proposed Order)(Guarino, Gary) |
| Filing 24 MOTION to Substitute Party US for ERIC GOSUK by United States. (Attachments: #1 Affidavit US Attorney Loeffler Certification, #2 Proposed Order)(Guarino, Gary) |
| Filing 23 MOTION to Substitute Party US for TERESA FRAZIER by United States. (Attachments: #1 Affidavit Certification by US Attorney Loeffler, #2 Proposed Order)(Guarino, Gary) |
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Filing 22
ORDER granting #18 Motion o Substitute Party US for Greenley; Amending caption to conform with substitution. Signed by Judge John W. Sedwick on 6/16/15. (NKD, COURT STAFF)
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| Filing 21 JUDGE SEDWICK TEXT ORDER: The United States filed an errata at docket #17 and a properly captioned replacement motion at docket #18 . The motion at docket #16 will remain sealed, and the Clerk will cease to track it, because it has been replaced by the motion at docket #18 .(NKD, COURT STAFF) |
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Filing 20
ORDER. Plaintiff is required to take action as to: Failure to Serve. (BJK, COURT STAFF)
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Filing 19
JWS ORDER: RE #14 Motion to Substitute Party is GRANTED. The United States is joined as a defendant in the place of Catherine Hyndman, M.D.; Catherine Hyndman, M.D. is hereby dismissed as a party. Signed by Judge John W. Sedwick on 06/05/2015. (CME, COURT STAFF)
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| Filing 18 MOTION to Substitute the United States as the Defendant in Place of Rene Greenley by United States. (Attachments: #1 Certification by U.S. Attorney, #2 Proposed Order)(Guarino, Gary) |
| Filing 17 ERRATA re Docket 16, 16-1, and 16-2 by United States Docket Annotation re Non-Compliance with Fed. R. Civ. P. 5.2,,. (Guarino, Gary) |
| Docket Annotation: Thank you for your recent electronic filing with the District of Alaska. ERROR re: #16 MOTION to Substitute Party US for Greenley filed by United States ; The Motion and Exhibits are not in compliance with Fed. R. Civ. P. 5.2.CORRECTION: In an abundance of caution access to these document(s) have been secured and will only be accessible to court users and parties to this action. Counsel should review Fed. R. Civ. P. 5.2 and Section 28 of the Electronic Filing Administrative Policies and Procedures. The motion has been terminated and Counsel is advised to refile the motion in compliance with Fed. R. Civ. Pl. 5.2 and Section 28 of the Electronic Filing Administrative Policies and Procedures. (BJK, COURT STAFF) |
| Filing 16 MOTION to Substitute Party US for Greenley by United States. (Attachments: #1 Exhibit Certification US Attorney, #2 Proposed Order)(Guarino, Gary) Modified on 5/27/2015 to reflect error: See 5/27/2015 Docket Annotation. (BJK, COURT STAFF). |
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Filing 15
ORDER. Plaintiff is required to take action as to: Failure to Serve. (BJK, COURT STAFF)
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| Filing 14 MOTION to Substitute Party UNITED STATES FOR CATHERINE HYNDMAN MD by United States. (Attachments: #1 Exhibit Certification of US Attorney, #2 Proposed Order)(Guarino, Gary) |
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Filing 13
ORDER granting #5 Motion to Dismiss: Defendant Bristol Bay Area Health Corporation is DISMISSED without prejudice. (NKD, COURT STAFF)
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| Filing 12 RESPONSE to Motion (Non-Opposition) re #5 MOTION to Dismiss filed by D. E., L. L., Chastity Smith. (Cohn, Michael) |
| Filing 11 Corporate Disclosure Statement by Bristol Bay Area Health Corporation. (Hodes, Elizabeth) |
| Filing 10 NOTICE OF FILING STATE COURT SERVICE LIST by Bristol Bay Area Health Corporation (Hodes, Elizabeth) |
| Filing 9 Notice to Counsel re #6 Declaration filed by Bristol Bay Area Health Corporation. A review of the document submitted at dkt 6 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 6. 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) |
| Filing 8 DECLARATION of Edwin Johnson re #5 MOTION to Dismiss by Bristol Bay Area Health Corporation. (Attachments: #1 Exhibit A)(Hodes, Elizabeth) |
| Filing 7 DECLARATION of Anne Williams re #5 MOTION to Dismiss by Bristol Bay Area Health Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hodes, Elizabeth) |
| Filing 6 DECLARATION of Robert Clark re #5 MOTION to Dismiss by Bristol Bay Area Health Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hodes, Elizabeth) |
| Filing 5 MOTION to Dismiss by Bristol Bay Area Health Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Hodes, Elizabeth) |
| Filing 4 ERRATA to Notice of Removal of Civil Action by Bristol Bay Area Health Corporation Docket Annotation,,. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Demand Jury Trial, #4 Exhibit D - Entry of Appearance, #5 Exhibit E - Stip re Time to Answer, #6 Exhibit F - Order Granting Stip, #7 Exhibit G - State Ct Removal)(Hodes, Elizabeth) |
| Docket Annotation re #1 Notice of Removal, : Thank you for your recent electronic filing with the District of Alaska. ERROR: The Notice of Removal, docket #1 , indicates that exhibits A-G were attached. Only the State Court Complaint, which was not labeled as Exhibit A, but appears to be Exhibit A, was attached.CORRECTION: A formal Errata is to be prepared, Exhibits B-G are to be labeled as such, and filed as attachments to the errata. Counsel is reminded that each exhibit is to be its own pdf.(NKD, COURT STAFF) |
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Filing 3
ORDER to Petitioner Subsequent to Removal: Service list due within 10 days. State Court documents due within 20 days. (TYM, COURT STAFF)
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| Filing 2 Civil Cover Sheet. (TYM, COURT STAFF) |
| Filing 1 NOTICE OF REMOVAL by Bristol Bay Area Health Corporation, Kanakanak Hospital, Togiak Health Clinic from Superior Court SOA 3rd Judicial District, case number 3AN-14-10976 CI. (Filing fee $400, Receipt No. ANC010261). (Attachments: #1 State Complaint)(TYM, COURT STAFF) |
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