Dineyazhe v. United States of America
Plaintiff: Derrick Dineyazhe and Helen Dineyazhe
Defendant: United States of America
Case Number: 3:2006cv00690
Filed: March 9, 2006
Court: US District Court for the District of Arizona
Office: Prescott Division Office
Presiding Judge: Stephen M McNamee
Nature of Suit: Personal Injury: Med. Malpractice
Cause of Action: 28 U.S.C. ยง 2671
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 9, 2008. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2008 Opinion or Order Filing 52 ORDER pursuant to #51 Stipulation of Dismissal, this action is dismissed as to all claims, with prejudice, each party to bear its own costs and attorneys' fees. Signed by Judge Stephen M McNamee on 10/8/08. (TLJ)
October 7, 2008 Filing 51 STIPULATION of Dismissal by United States of America. (Attachments: #1 Proposed Order)(Johns, Michael)
September 10, 2008 Opinion or Order Filing 50 ORDER granting #49 Motion to Approve Settlement. The settlement amounts and terms for Plaintiff Dominic Dineyazhe are hereby approved including but not limited to the $100,000 reversionary trust, the purchase of the annuity at a cost of $75,000, $10,000 in cash jointly for Dominic and his parents $4,667.11 for unpaid medical bills, $13,665.89 for litigation costs and expenses, and attorneys fees at the statutory maximum of 25% in FTCA cases, $61,667, for a total settlement cost of $265,000. Upon payment of the settlement amounts, the parties shall file a stipulated dismissal with prejudice, each side to bear its own costs and fees. Signed by Judge Stephen M McNamee on 9/10/08.(LSP)
September 8, 2008 Filing 49 Joint MOTION for Approve Settlement by United States of America. (Attachments: #1 Proposed Order)(Johns, Michael)
September 5, 2008 Opinion or Order Filing 48 ORDER that the parties have until 10/31/08 to file a stipulation for dismissal. ORDER that in the event that no such stipulation is filed, the Court has scheduled a status conference for 11/17/2008 at 10:00 AM. If the stipulation is received by 10/31/08, the status conference will be automatically vacated re Notice of Settlement #47 . Signed by Judge Stephen M McNamee on 9/5/08. (TLJ)
September 4, 2008 Filing 47 NOTICE of Settlement by United States of America (Johns, Michael)
August 22, 2008 Filing 46 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe COS of Plaintiffs' 2nd Request for Production and 2nd Interrogatories (Barudin, Theodore)
July 31, 2008 Filing 45 NOTICE of Deposition of Joseph Strunce, Ph.D., filed by Helen Dineyazhe, Derrick Dineyazhe. (Barudin, Theodore)
July 30, 2008 Filing 44 NOTICE of Deposition of Joseph Strunce, PhD, filed by Helen Dineyazhe, Derrick Dineyazhe. (Barudin, Theodore)
June 12, 2008 Filing 43 Notice re Service of Second Supplemental Response to Plaintiffs' First Request for Production by United States of America (Johns, Michael)
May 20, 2008 Filing 42 Notice re Plaintiffs' Counsel Notice of Non Availability by Helen Dineyazhe, Derrick Dineyazhe (Barudin, Theodore)
May 16, 2008 Filing 41 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe Plainitffs' Supplemental Initial Disclosure of Expert Witness (Preliminary Expert Report of Physical Therapist) (Barudin, Theodore)
May 14, 2008 Filing 40 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe PLaintiffs' COS Response to United States' First Request for Production and First Set of Interrogatories (Barudin, Theodore)
April 23, 2008 Filing 39 Notice re Service of Supplemental Response to Plaintiffs' First Set of Interrogatories & Supplemental Response to Plaintiffs' First Request for Production by United States of America (Johns, Michael)
April 9, 2008 Filing 38 Notice re Service of First Set of Interrogatories and First Request for Production via U.S. Mail by United States of America (Johns, Michael)
March 17, 2008 Filing 37 Notice re of Service by United States of America (Johns, Michael)
February 25, 2008 Opinion or Order Filing 36 ORDER granting Dft' Unopposed #35 Motion to Extend Response to Request to Produce and Interrogatories. The deadline for the response to request to produce is extended to 3/14/08 and the deadline for the response to interrogatories is extended to 3/14/08. Signed by Judge Stephen M McNamee on 2/25/2008.(LAD) Modified on 2/27/2008 (DMT, ). THE FOLLOWING INFORMATION WAS INCORRECT FROM THE DOCKET TEXT: 3/10/08 CORRECTED TO 3/14/08.
February 22, 2008 Filing 35 First MOTION for Extension of Time Extend Response to Request to Produce and Interrogatories by United States of America. (Attachments: #1 Proposed Order)(Johns, Michael)
February 15, 2008 Filing 34 ANSWER to #31 Amended Complaint by United States of America.(Johns, Michael)
February 14, 2008 Opinion or Order Filing 33 SCHEDULING ORDER: Discovery due by 1/30/2009. Dispositive motions due by 3/6/2009. Final Pretrial Conference set for 4/8/2009 04:00 PM before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 2/13/08. (Note: See order for full details)(KMG )
February 13, 2008 Filing 32 Minute Entry. Proceedings held before Judge Stephen M McNamee: Apr. Theodore Barudin/Gregory Kauffman for plas, Michael Johns for dftScheduling Conference held on 2/13/2008. Final Pretrial Conference set for 4/8/2009 04:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee. Court order to follow.(Court Reporter Liz Lemke.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, )
February 7, 2008 Filing 31 1ST AMENDED COMPLAINT against United States of America, filed by Helen Dineyazhe, Derrick Dineyazhe.(LAD)
February 7, 2008 Opinion or Order Filing 30 ORDER granting pla's Unopposed #28 Motion for Leave to File a First Amended Complaint. Signed by Judge Stephen M McNamee on 2/6/2008.(LAD)
February 6, 2008 Filing 29 LODGED Proposed Plainitffs' First Amended Complaint re: #28 MOTION to Amend/Correct re Plaintiffs' First Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Helen Dineyazhe, Derrick Dineyazhe. (Barudin, Theodore)
February 6, 2008 Filing 28 MOTION to Amend/Correct re Plaintiffs' First Amended Complaint by Helen Dineyazhe, Derrick Dineyazhe. (Attachments: #1 Exhibit Plainitffs' First Amended Complaint)(Barudin, Theodore)
February 6, 2008 Filing 27 REPORT re: Rule 26(f) Planning Meeting by Helen Dineyazhe, United States of America, Derrick Dineyazhe. (Barudin, Theodore)
February 6, 2008 Filing 26 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe COS Plaintiffs' First Set of Interrogatories to Defendant (Barudin, Theodore)
January 29, 2008 Filing 25 Notice re Notice of Service of Initial Disclosures by United States of America (Johns, Michael)
January 28, 2008 Filing 24 CERTIFICATE OF SERVICE by Derrick Dineyazhe (Barudin, Theodore)
January 24, 2008 Filing 23 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe Plaintiffs' COS First Request for Production (Barudin, Theodore)
January 7, 2008 Filing 22 Notice re Notice of Non-Availability by Helen Dineyazhe, Derrick Dineyazhe Plainitffs' Notice of Non-Availability by Theodore Barudin (Barudin, Theodore)
December 27, 2007 Opinion or Order Filing 21 ORDER granting Plas' Unopposed #19 MOTION to Conduct Discovery and to Set Scheduling Order as follows: Rule 16 Scheduling Conference is set for 2/13/2008 04:00 PM before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 12/26/07. (KMG)
December 20, 2007 Opinion or Order Filing 20 ORDER Scheduling Conference set for 2/13/2008 04:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 12/20/2007. IT IS FURTHER ORDERED that the Clerk of the Court send copies of this Order to all counsel of record and to all parties, if any, appearing in propria persona.(TCA, )
December 20, 2007 Filing 19 MOTION for Hearing or Conference re: Scheduling Conference by Helen Dineyazhe, Derrick Dineyazhe. (Barudin, Theodore)
January 18, 2007 Filing 18 STATUS REPORT by United States of America. (Johns, Michael)
December 13, 2006 Opinion or Order Filing 17 ORDER granting #16 Stipulated Motion for Extension of Time, vacating the Pretrial Conference scheduled for 12/18/06 and to Extend all Deadlines. FURTHER ORDERED granting the parties an extension of the current deadlines imposed by the Court in order to allow the parties to attempt to finalize settlement of all claims before the Court. #10 & [12}. FURTHER ORDERED vacating the Rule 16 Preliminary Pretrial Conference scheduled for 12/18/06 at 11:00 a.m. FURTHER ORDERED that a Rule 16 Preliminary Pretrial Conference will be scheduled by the Court upon notice from the parties that the settlement negotiations have not been completed. FURTHER ORDERED that, no later than 1/22/07, the parties' shall advise the Court of the status of settlement discussions. Signed by Judge Stephen M McNamee on 12/12/06.(LCF)
December 11, 2006 Filing 16 Second MOTION for Extension of Time Stipulated Motion to Extend All Deadlines and Continue Preliminary Pretrial Scheduling Conference Set for December 18, 2006 by United States of America. (Attachments: #1)(Johns, Michael)
December 11, 2006 Filing 15 Notice re COS of Plainitts' Initial Disclosure by Derrick Dineyazhe (Barudin, Theodore)
October 19, 2006 Opinion or Order Filing 14 ORDER granting #13 Plaintiff's Motion to Withdraw as Attorney. Attorney Michael P Upshaw terminated . Signed by Judge Stephen M McNamee on 10/19/06. (LCF)
October 16, 2006 Filing 13 MOTION to Withdraw as Attorney by Helen Dineyazhe. (Upshaw, Michael)
October 5, 2006 Opinion or Order Filing 12 ORDER granting #11 Motion to Continue Rule 16 Pretrial Conference Rule 16 Pretrial Conference reset for 12/18/2006 11:00 AM before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 10/5/06. (SBU)
October 4, 2006 Filing 11 First MOTION to Continue Unopposed Motion to Continue Rule 16 Preliminary Pretrial Conference by United States of America. (Attachments: #1)(Johns, Michael)
August 28, 2006 Opinion or Order Filing 10 ORDER Scheduling Conference set for 10/30/2006 04:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 8/28/2006. (TCA, )
June 20, 2006 Opinion or Order Filing 9 ORDER pursuant to General Order 05-25 granting #8 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
June 19, 2006 Filing 8 MOTION for Admission Pro Hac Vice by Theodore W. Barudin on behalf of plaintiffs Helen Dineyazhe and Derrick Dineyazhe. (BAS, )
May 11, 2006 Filing 7 ANSWER to Complaint by United States of America.(Johns, Michael)
April 7, 2006 Opinion or Order Filing 6 ORDER pursuant to General Order 05-25 granting #5 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
April 7, 2006 Filing 5 MOTION for Admission Pro Hac Vice by Gregory R Kauffman on behalf of plaintiffs Helen Dineyazhe and Derrick Dineyazhe. (BAS, )
March 27, 2006 Opinion or Order Filing 4 Standard Civil Track Initial ORDER . Signed by Judge Stephen M McNamee on 3/27/2006. (TCA, )
March 10, 2006 Filing 3 Summons Issued as to United States of America. (Attachments: #1 Alberto Gonzalez)(ESH, )
March 9, 2006 Filing 2 Notice re Availability of a Magistrate Judge (ESH, )
March 9, 2006 Filing fee paid, receipt number PHX040377. This case has been assigned to the Honorable Stephen M. McNamee. All future pleadings or documents should bear the correct case number: CV06-690-PCT-SMM (entered by ESH, )
March 9, 2006 Filing 1 COMPLAINT, filed by Helen Dineyazhe. (Attachments: #1 Civil Cover Sheet)(Upshaw, Michael)

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Plaintiff: Derrick Dineyazhe
Represented By: Theodore W Barudin
Represented By: Gregory R Kauffman
Represented By: Michael P Upshaw
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Plaintiff: Helen Dineyazhe
Represented By: Theodore W Barudin
Represented By: Gregory R Kauffman
Represented By: Michael P Upshaw
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Defendant: United States of America
Represented By: Michael A Johns
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