Westphal v. Lase Med Inc et al
Therese Westphal |
Antonella Carpenter, Joseph P Ward MD PA, Joseph P Ward, Lase Med Inc and Lase Med Inc of Arkansas |
4:2009cv00099 |
February 9, 2009 |
U.S. District Court for the Eastern District of Arkansas |
Personal Inj. Med. Malpractice Office |
Out of State |
James M Moody |
Personal Inj. Med. Malpractice |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on June 16, 2011. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 161 JUDGMENT pursuant to #155 #156 jury verdicts in favor of Therese Westphal against Antonella Carpenter and Lase Med Inc. Therese Westphal is awarded $500,000 in compensatory damages and $1,000,000.00 in punitive damages against these defendants, individually. Plaintiff's claims against Defts Lase Med of Arkansas, Joseph P. Ward, M.D., Individually, and Joseph P. Ward, M.D., P.A. were dismissed without prejudice. Signed by Judge James M. Moody on 6/16/11. (kpr) |
NOTICE OF DOCKET CORRECTION re: #155 Jury Verdicts. CORRECTION: The docket text was modified to clarify the description of the document filed as "JURY VERDICTS 1 & 2." (thd) |
![]() |
Filing 160 Jury Instructions (dmj) |
Filing 156 JURY VERDICT #3 awarding Plaintiff damages in the amount of $500,000. Awarding punitive damages against Defendant Antonella Carpenter in the amount of $1,000,000 and against Defendant Lase Med, Inc. in the amount of $1,000,000(dmj) |
Filing 155 JURY VERDICTS 1 & 2 in favor of Plaintiff and against Defendants Antonella Carpenter and Lase Med Inc. as to claims of negligence, Deceptive Trade Practices and fraud(dmj) (Docket text modified on 6/16/2011 to include verdict numbers.) (thd). |
Filing 154 SECOND AND FINAL DAY OF JURY TRIAL held before Judge James M. Moody on 6/14/2011. On Plaintiff's oral motion the claims against Joseph Ward and Lase Med Inc. of Arkansas were dismissed without prejudice. Plaintiff completes proof. Jury returns verdicts in favor of Plaintiff. Judgment to be entered. Will Bond present with Plaintiff. No counsel or parties present on behalf of defendants. Court Reporter - Elaine Hinson (Attachments: #1 Note from Jury, #2 Plaintiff's exhibit list) (dmj) |
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) JURY TRIAL BEGAN before Judge James M. Moody on 6/13/2011. Plaintiff's proof begins. Will Bond present with Plaintiff. No counsel or parties present on behalf of defendants. Court to resume at 9:00 a.m., 6/14/2011. Court Reporter - Elaine Hinson (dmj) |
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) PRETRIAL CONFERENCE held before Judge James M. Moody on 6/13/2011. Will Bond present with Plaintiff. No counsel or parties present on behalf of defendants. Court to resume at 2:00 p.m. for jury trial. Court Reporter - Elaine Hinson (dmj) |
![]() |
Filing 148 NOTICE OF DOCKET CORRECTION re: #143 Order on Jury Trial. CORRECTION: The Exhibit and Witenss lists referenced in the Order were added as an attachment to docket entry #143 . (Copy of documents attached hereto for service on the parties.) (thd) |
![]() |
Filing 145 MOTION to Approve/Approval Electronic Devices Pursuant to General Order 54 by Therese Westphal (Bond, Will) |
![]() |
Filing 142 BRIEF IN SUPPORT re #141 Motion in Limine filed by Therese Westphal. (Bond, Will) |
Filing 141 MOTION in Limine by Therese Westphal (Bond, Will) |
Filing 140 BRIEF IN SUPPORT re #139 Motion for Default Judgment filed by Therese Westphal. (Bond, Will) |
Filing 139 MOTION for Default Judgment against Lase Med Inc, Lase Med Inc of Arkansas by Therese Westphal (Attachments: #1 Exhibit 1)(Bond, Will) |
Filing 138 BRIEF IN SUPPORT re #137 Motion to Exclude Testimony of Rose Lovell, Evelyn Martin, Deborah Norman and Sylvia Ernst filed by Therese Westphal. (Bond, Will) |
Filing 137 MOTION to Exclude Testimony of Rose Lovell, Evelyn Martin, Deborah Norman and Sylvia Ernst by Therese Westphal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bond, Will) |
Filing 135 STATUS REPORT by Therese Westphal. (Bond, Will) |
![]() |
![]() |
Filing 130 NOTICE by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas re #128 Order on Motion to Withdraw as Attorney, Last Known Address (Hicks, James) |
![]() |
Filing 127 MOTION to Withdraw as Attorney by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas (Hicks, James) |
![]() |
Filing 123 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)ORDER due to a conflict the jury trial scheduled sometime during the week of 4/4/2011 and remaining deadlines are canceled and will be reset by separate order. Signed by D. Jackson at the Direction of the Court on 3/16/2011. (dmj) |
![]() |
Filing 120 PRETRIAL DISCLOSURE SHEET Amended by Therese Westphal. (Bond, Will) |
Filing 119 PRETRIAL DISCLOSURE SHEET by Therese Westphal. (Bond, Will) |
Filing 118 PRETRIAL DISCLOSURE SHEET of Defendants by Antonella Carpenter, Joseph P Ward MD PA, Lase Med Inc, Lase Med Inc of Arkansas. (Hicks, James) |
Filing 117 Second MOTION for Extension of Time to File Deposition Designations and Pretrial Disclosure Sheets by Therese Westphal (Bond, Will) |
![]() |
Filing 114 MOTION for Extension of Time to File Deposition Designations and Pretrial Disclosure Sheets by Therese Westphal (Bond, Will) |
Filing 113 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)Minute Entry for proceedings held before Magistrate Judge Jerome T. Kearney: Telephone Conference held on 2/24/2011. Based on information from the parties, the request for Settlement Conference was withdrawn. (lmc) |
![]() |
![]() |
![]() |
Filing 106 REPLY to Response to Motion re #83 MOTION for Summary Judgment filed by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas. (Hicks, James) |
Filing 105 RESPONSE in Opposition re #90 MOTION to Exclude Certain Expert Opinions of Antonella Carpenter filed by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas. (Attachments: #1 Affidavit Antonella Carpenter)(Hicks, James) |
Filing 104 REPLY to Response to Motion re #89 Amended MOTION to Compel filed by Therese Westphal. (Attachments: #1 Exhibit A Carpenter deposition excerpts, #2 Exhibit B Personal attacks by Carpenter and Lase Med against plaintiff's counsel, #3 Exhibit C The Medical Conspiracy website printouts, #4 Exhibit D Attacks against plaintiff's counsel)(Bond, Will) |
Filing 103 RESPONSE in Opposition re #92 MOTION to Exclude Certain Expert Opinions of Dr. Bill Tranum filed by Therese Westphal. (Attachments: #1 Exhibit A Dr. Tranum's CV and Opinion, #2 Exhibit B Carpenter deposition excerpts)(Bond, Will) |
NOTICE OF DOCKET CORRECTION re: #102 Response in Opposition to Motion to Compel. CORRECTION: The last page of the proposed protective order (Attachment #4) was removed from the docket, pursuant to instructions from Chambers. (thd) |
Filing 102 RESPONSE in Opposition re #89 Amended MOTION to Compel, #85 MOTION to Compel filed by Antonella Carpenter, Joseph P Ward MD PA, Lase Med Inc, Lase Med Inc of Arkansas. (Attachments: #1 Exhibit 5/18/2009 Article, #2 Document Patent Application, #3 Exhibit Officers E-Mail, #4 Document Proposed Protective Order)(Hicks, James) (The last page of the proposed protective order was removed from the docket, pursuant to instructions from Chambers.). |
Filing 101 BRIEF IN SUPPORT filed by Therese Westphal re #83 Motion for Summary Judgment (Bond, Will) |
Filing 100 RESPONSE to Motion re #83 MOTION for Summary Judgment filed by Therese Westphal. (Attachments: #1 Exhibit A Affudavit of Will Bond, #2 Exhibit B Deposition excerpts of Therese Westphal, #3 Exhibit C Lase Med Documentation, #4 Exhibit D Deposition excerpts of Antonella Carpenter, #5 Exhibit E Deposition excerpts of Wendy Simmons, #6 Exhibit F Opinion of Dr. Tranum, #7 Exhibit G Lase Med, Inc. (About Us), #8 Exhibit H Other website material associated with Lase Med, Inc., #9 Exhibit I Arkansas Secretary of State documentation, #10 Exhibit J Post Treatment Guidelines, #11 Exhibit K Bills for Treatment and Travel)(Bond, Will) |
Filing 99 STATUS REPORT by Therese Westphal. (Bond, Will) |
![]() |
![]() |
Filing 94 MOTION for Extension of Time to File Response/Reply as to #83 MOTION for Summary Judgment by Therese Westphal (Bond, Will) |
Filing 93 BRIEF IN SUPPORT filed by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas re #92 Motion to Exclude (Attachments: #1 Exhibit Expert Report of Dr. Bill Tranum)(Hicks, James) |
Filing 92 MOTION to Exclude Certain Expert Opinions of Dr. Bill Tranum by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas (Hicks, James) |
Filing 91 BRIEF IN SUPPORT filed by Therese Westphal re #90 Motion to Exclude Certain Expert Opinions of Antonella Carpenter (Bond, Will) |
Filing 90 MOTION to Exclude Certain Expert Opinions of Antonella Carpenter by Therese Westphal (Attachments: #1 Exhibit A Carpenter deposition)(Bond, Will) |
Filing 89 Amended MOTION to Compel by Therese Westphal (Attachments: #1 Exhibit A Carpenter Deposition)(Bond, Will) |
![]() |
Filing 86 MOTION to Extend Time for Motion Filing Deadline by Therese Westphal (Bond, Will) |
Filing 85 MOTION to Compel by Therese Westphal (Bond, Will) |
Filing 84 BRIEF IN SUPPORT filed by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas re #83 Motion for Summary Judgment (Attachments: #1 Exhibit Deposition of Plaintiff, #2 Affidavit Antonella Carpenter, #3 Affidavit Wendy Simmons, #4 Exhibit medical note 9/27/07, #5 Exhibit medical note 11/7/07, #6 Exhibit Ann Marks note, #7 Exhibit Plaintiffs email 2/29/08, #8 Exhibit medical note 5/2/08, #9 Exhibit medical note 7/15/08, #10 Exhibit medical note #274, #11 Exhibit medical note, #12 Exhibit medical note 2/1/2010, #13 Exhibit Waiver of Liability, #14 Exhibit Post Treatment Guidelines Agreement)(Hicks, James) |
Filing 83 MOTION for Summary Judgment by Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas (Hicks, James) |
![]() |
Filing 80 MOTION for Extension of Time to Complete Discovery by Therese Westphal (Bond, Will) |
NOTICE OF DOCKET CORRECTION re: #73 Scheduling Order. CORRECTION: The docket text was modified to indicate the Pretrial Disclosure Sheet is due by 3/4/2011, as stated in the Order. (thd) |
![]() |
Filing 76 MOTION to Withdraw as Attorney by Carlos F. Negrete by Lase Med Inc (Attachments: #1 Proposed Order)(Negrete, Carlos) |
Filing 75 ATTORNEY APPEARANCE by James R. Hicks for Antonella Carpenter, Lase Med Inc, Lase Med Inc of Arkansas (jap) |
![]() |
![]() |
Filing 71 MOTION for Extension of Time to Complete Discovery by Therese Westphal (Bond, Will) |
![]() |
Filing 68 RESPONSE to Discovery Request from Lase Med, Inc., Lase Med, Inc. of Arkansas, and Antonella Carpenter by Therese Westphal. (Attachments: #1 Exhibit Waiver of Liability)(Bond, Will) |
![]() |
Filing 65 Unopposed MOTION to Extend Time to provide discovery responses and proposed order by Antonella Carpenter (Attachments: #1 Exhibit Proposed Order)(Negrete, Carlos) |
![]() |
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) DOCKET NOTE: This civil action is assigned to the docket of United States District Judge William R. Wilson, Jr. Magistrate Judge Jerome T. Kearney is now associated to this case due to the retirement of Magistrate Judge Henry L. Jones. Signed by James W. McCormack, Clerk of Court on 4/22/10. (bfw) |
Filing 60 AMENDED FINAL SCHEDULING ORDER (DOC): Jury Trial reset for 1/18/2011 at 9:30 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr; Discovery due by 10/18/2010; Motions due by 11/2/2010; Pretrial Disclosure Sheet due by 12/20/2010. (maj) |
Filing 58 AMENDED FINAL SCHEDULING ORDER (DOC): Jury Trial reset for 8/17/2010 at 9:30 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr; other deadlines remain in full force and effect. (maj) |
![]() |
Filing 54 AMENDED FINAL SCHEDULING ORDER (DOC): Jury Trial reset for 8/24/2010 at 9:30 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr; Discovery due by 6/9/2010; Motions due by 6/24/2010; Pretrial Disclosure Sheet due by 7/26/2010; Motion to Continue filed by Therese Westphal GRANTED. (maj) |
Filing 53 MOTION to Continue by Therese Westphal (Bond, Will) |
![]() |
Filing 51 MOTION to Extend Time for Defendants to further respond to discovery requests pursuant to Court Order Dated December 9, 2009 by Lase Med Inc, Antonella Carpenter, Lase Med Inc of Arkansas (Attachments: #1 Document Proposed Order)(Negrete, Carlos) |
Filing 50 MOTION to Withdraw as Attorney for Defendants by Lase Med Inc, Antonella Carpenter, Lase Med Inc of Arkansas (Griffin, Todd) |
Filing 49 NOTICE of Appearance by Carlos F. Negrete on behalf of Lase Med Inc, Antonella Carpenter, Lase Med Inc of Arkansas (Negrete, Carlos) |
![]() |
Filing 46 MOTION for Extension of Time to Complete Discovery and Expert Disclosure Deadline by Therese Westphal (Bond, Will) |
Filing 45 RESPONSE to Motion re #35 MOTION to Compel filed by Joseph P Ward. (copy mailed) (jap) |
Filing 44 AFFIDAVIT of Service of Summons and First Amended Complaint, filed by Therese Westphal. Lase Med Inc of Arkansas served on 11/12/2009. (Attachments: #1 Exhibit A. Affidavit of Service)(Bond, Will) |
![]() |
![]() |
![]() |
Filing 37 Second MOTION to Extend Time of Expert Disclosure Deadline by Therese Westphal (Bond, Will) |
Filing 36 BRIEF IN SUPPORT filed by Therese Westphal re #35 Motion to Compel (Bond, Will) |
Filing 35 MOTION to Compel by Therese Westphal (Attachments: #1 Plaintiff's Discovery Request, #2 Defendants' Answers and Objections to Plaintiff's Discovery Requests, #3 Confer letter)(Bond, Will) |
Filing 34 ANSWER to #33 Amended Complaint with Jury Demand by Lase Med Inc, Antonella Carpenter, Lase Med Inc of Arkansas.(Griffin, Todd) |
Summons Issued as to Lase Med Inc of Arkansas. (jap) |
Filing 33 AMENDED COMPLAINT with Jury Demand against Lase Med Inc of Arkansas, Lase Med Inc, Antonella Carpenter, Joseph P Ward, Joseph P Ward MD PA, filed by Therese Westphal (defendant Lase Med Inc of Arkansas added) (jap) |
![]() |
Filing 30 MOTION for Leave to File First Amended Complaint by Therese Westphal (Attachments: #1 Exhibit A. First Amended Complaint)(Bond, Will) |
![]() |
Filing 27 MOTION to Extend Time of Expert Disclosure Deadline by Therese Westphal (Bond, Will) |
Filing 26 ANSWER to #1 Complaint by Joseph P Ward.(bkp) |
Filing 24 PRETRIAL DISCLOSURE SHEET Initial Disclosures of Defendants by Lase Med Inc, Antonella Carpenter. (Griffin, Todd) |
![]() |
Filing 22 LETTER MOTION to Withdraw as Attorney by Jim Tilley for Lase Med Inc (bkp) |
Filing 20 FINAL SCHEDULING ORDER (DOC): Jury Trial set for 3/16/2010 at 9:30 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr; Discovery due by 12/15/2009; Motions due by 1/18/2010; Pretrial Disclosure Sheet due by 2/16/2010. (maj) |
Filing 19 REPORT of Rule 26(f) Planning Meeting by Therese Westphal, Lase Med Inc, Antonella Carpenter, Joseph P Ward, Joseph P Ward MD PA. (Bond, Will) |
Filing 18 NOTICE of Appearance by Todd L. Griffin on behalf of Lase Med Inc, Antonella Carpenter (Griffin, Todd) |
![]() |
![]() |
Filing 13 MOTION to Withdraw as Attorney by Lase Med Inc, Antonella Carpenter (Tilley, James) |
Filing 12 ANSWER to #1 Complaint with Jury Demand by Lase Med Inc, Antonella Carpenter.(Tilley, James) |
Filing 10 INITIAL SCHEDULING ORDER (DOC): Rule 26(f) Conference to occur by 5/26/2009; Rule 26(f) Report due by 6/9/2009; Jury Trial set for 3/16/2010 at 9:00 AM in Little Rock Courtroom #4C before Judge William R. Wilson Jr. (maj) |
![]() |
Filing 7 ANSWER to #1 Complaint by Antonella Carpenter. (Attachments: #1 Supplement Misc. Documents)(bkp) (Modified entry on 3/18/2009 to indicate Dr. Carpenter as only filer pursuant to #8 Order) (bfw). |
Filing 6 NOTICE OF DOCKET CORRECTION re: #5 Affidavit of Service. CORRECTION: The original main document was submitted in error (incorrect date listed in document); the correct main document was added to docket entry #5 , based on the attached correspondence. (thd) |
Filing 5 AFFIDAVIT of Service of Summons and Complaint, filed by Therese Westphal. Antonella Carpenter served on 3/6/2009. (Attachments: #1 Exhibit A Affidavit of Service)(Bond, Will) (Additional attachment(s) added on 3/17/2009: ) #2 Main Document - Correct) (thd). |
NOTICE OF DOCKET CORRECTION re: #4 Answer to Complaint. CORRECTION: The docket entry was modified to correct the party filer as Defendant Joseph P. Ward. (thd) |
Filing 4 ANSWER to #1 Complaint by Joseph P Ward (jap) (Docket entry modified on 3/16/2009 to correct the party filer.) (thd) |
Filing 3 AFFIDAVIT of Service of Complaint and Summons, filed by Therese Westphal. Joseph P Ward served on 3/1/2009; Joseph P Ward MD PA served on 3/1/2009. (Attachments: #1 Exhibit A Affidavit of Service)(Bond, Will) |
Filing 2 AFFIDAVIT of Service of Complaint and Summons, filed by Therese Westphal. Lase Med Inc served on 2/17/2009. (Attachments: #1 Exhibit A Affidavit of Service and Summons)(Bond, Will) |
Filing 1 COMPLAINT with Jury Demand filed by Therese Westphal against all defendants; Summonses were issued and returned to attorney; Filing fee of $350.00 paid, receipt #LIT015566. (kjp) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.