Dineyazhe v. United States of America
| Derrick Dineyazhe and Helen Dineyazhe |
| United States of America |
| 3:2006cv00690 |
| March 9, 2006 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Stephen M McNamee |
| Personal Injury: Med. Malpractice |
| 28 U.S.C. § 2671 |
| None |
Docket Report
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This docket was last retrieved on October 9, 2008. A more recent docket listing may be available from PACER.
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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)
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| Filing 51 STIPULATION of Dismissal by United States of America. (Attachments: #1 Proposed Order)(Johns, Michael) |
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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)
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| Filing 49 Joint MOTION for Approve Settlement by United States of America. (Attachments: #1 Proposed Order)(Johns, Michael) |
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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)
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| Filing 47 NOTICE of Settlement by United States of America (Johns, Michael) |
| Filing 46 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe COS of Plaintiffs' 2nd Request for Production and 2nd Interrogatories (Barudin, Theodore) |
| Filing 45 NOTICE of Deposition of Joseph Strunce, Ph.D., filed by Helen Dineyazhe, Derrick Dineyazhe. (Barudin, Theodore) |
| Filing 44 NOTICE of Deposition of Joseph Strunce, PhD, filed by Helen Dineyazhe, Derrick Dineyazhe. (Barudin, Theodore) |
| Filing 43 Notice re Service of Second Supplemental Response to Plaintiffs' First Request for Production by United States of America (Johns, Michael) |
| Filing 42 Notice re Plaintiffs' Counsel Notice of Non Availability by Helen Dineyazhe, Derrick Dineyazhe (Barudin, Theodore) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 37 Notice re of Service by United States of America (Johns, Michael) |
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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.
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| 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) |
| Filing 34 ANSWER to #31 Amended Complaint by United States of America.(Johns, Michael) |
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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 )
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| 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, ) |
| Filing 31 1ST AMENDED COMPLAINT against United States of America, filed by Helen Dineyazhe, Derrick Dineyazhe.(LAD) |
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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)
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| 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) |
| 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) |
| Filing 27 REPORT re: Rule 26(f) Planning Meeting by Helen Dineyazhe, United States of America, Derrick Dineyazhe. (Barudin, Theodore) |
| Filing 26 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe COS Plaintiffs' First Set of Interrogatories to Defendant (Barudin, Theodore) |
| Filing 25 Notice re Notice of Service of Initial Disclosures by United States of America (Johns, Michael) |
| Filing 24 CERTIFICATE OF SERVICE by Derrick Dineyazhe (Barudin, Theodore) |
| Filing 23 CERTIFICATE OF SERVICE by Helen Dineyazhe, Derrick Dineyazhe Plaintiffs' COS First Request for Production (Barudin, Theodore) |
| Filing 22 Notice re Notice of Non-Availability by Helen Dineyazhe, Derrick Dineyazhe Plainitffs' Notice of Non-Availability by Theodore Barudin (Barudin, Theodore) |
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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)
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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, )
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| Filing 19 MOTION for Hearing or Conference re: Scheduling Conference by Helen Dineyazhe, Derrick Dineyazhe. (Barudin, Theodore) |
| Filing 18 STATUS REPORT by United States of America. (Johns, Michael) |
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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)
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| 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) |
| Filing 15 Notice re COS of Plainitts' Initial Disclosure by Derrick Dineyazhe (Barudin, Theodore) |
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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)
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| Filing 13 MOTION to Withdraw as Attorney by Helen Dineyazhe. (Upshaw, Michael) |
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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)
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| Filing 11 First MOTION to Continue Unopposed Motion to Continue Rule 16 Preliminary Pretrial Conference by United States of America. (Attachments: #1)(Johns, Michael) |
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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, )
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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.)
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| Filing 8 MOTION for Admission Pro Hac Vice by Theodore W. Barudin on behalf of plaintiffs Helen Dineyazhe and Derrick Dineyazhe. (BAS, ) |
| Filing 7 ANSWER to Complaint by United States of America.(Johns, Michael) |
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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.)
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| Filing 5 MOTION for Admission Pro Hac Vice by Gregory R Kauffman on behalf of plaintiffs Helen Dineyazhe and Derrick Dineyazhe. (BAS, ) |
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Filing 4
Standard Civil Track Initial ORDER . Signed by Judge Stephen M McNamee on 3/27/2006. (TCA, )
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| Filing 3 Summons Issued as to United States of America. (Attachments: #1 Alberto Gonzalez)(ESH, ) |
| Filing 2 Notice re Availability of a Magistrate Judge (ESH, ) |
| 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, ) |
| Filing 1 COMPLAINT, filed by Helen Dineyazhe. (Attachments: #1 Civil Cover Sheet)(Upshaw, Michael) |
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