Palacio, et al v. United States of America
Plaintiff: Micaela Palacio, Isabella Palacio and Facundo Palacio Diaz
Defendant: United States of America and Banner Health
Case Number: 2:2013cv01012
Filed: May 22, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K Delaney
Referring Judge: John A Mendez
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 2671
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 23, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2016 Filing 195 TRANSCRIPT of Proceedings held on September 30, 2015: Bench Trial Excerpt - Testimony of Erick Volk, before District Judge John A. Mendez, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/15/2016. Redacted Transcript Deadline set for 9/23/2016. Release of Transcript Restriction set for 11/21/2016. (Bodene, C)
August 18, 2016 Filing 194 AMENDED DOCUMENT by Isabella Palacio: Amended #193 Transcript Ordering Form. (Fagel, Bruce)
August 16, 2016 Filing 193 TRANSCRIPT REQUEST by Isabella Palacio for proceedings held on September 30, 2015 before Judge John Mendez. Court Reporter Cathie Bodene. (Fagel, Bruce)
April 20, 2016 Opinion or Order Filing 192 ORDER signed by District Judge John A. Mendez on 4/19/16 APPROVING Disposition of Proceeds of Judgment. (Becknal, R)
April 18, 2016 Filing 191 NOTICE of errata and amendment to declaration of Bruce G. Fagel re disposition of proceeds of judgment and request for attorney fees by Facundo Palacio Diaz re #189 Petition. (Fagel, Bruce) Modified on 4/20/2016 (Becknal, R).
April 12, 2016 Filing 190 PROPOSED ORDER approving #189 Amended Petition by Facundo Palacio Diaz. (Fagel, Bruce) Modified on 4/13/2016 (Zignago, K.).
April 12, 2016 Filing 189 AMENDED PETITION to Approve Disposition of Proceeds of Judgment by Facundo Palacio Diaz. (Attachments: #1 Declaration of Facundo Palacio Diaz, #2 Declaration of Bruce G. Fagel)(Fagel, Bruce) Modified on 4/13/2016 (Zignago, K.).
April 8, 2016 Filing 188 PETITION for Plaintiff's Petition to Approve Disposition of Proceeds of Judgment by Facundo Palacio Diaz. (Attachments: #1 Declaration, #2 Declaration)(Fagel, Bruce)
March 25, 2016 Filing 187 USCA ORDER. Appellants motion to voluntarily dismiss this appeal is granted. (Washington, S)
March 24, 2016 Filing 186 COSTS TAXED in amount of $ $11,824.30 against plaintiff and included in the judgment. (TEXT ENTRY ONLY) (Vine, H)
March 24, 2016 Opinion or Order Filing 185 ORDER signed by District Judge John A. Mendez on 3/23/16 ORDERING for the reasons set forth above, the Court SUSTAINS the objections in part and awards costs for Plaintiffs in the amount of $36,646.73. (Becknal, R)
March 16, 2016 Filing 184 MINUTE ORDER: The hearing on the Bill of Costs now calendared for March 22, 2016 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H)
March 3, 2016 Filing 183 USCA CASE NUMBER 16-15265 as to #181 Notice of Appeal by United States of America. (Zignago, K.)
February 23, 2016 Filing 182 APPEAL PROCESSED to Ninth Circuit #181 Notice of Appeal filed *2/22/2016*, Complaint filed *5/22/2013* and Appealed Order / Judgment filed *12/29/2015*. Court Reporter: *C. Bodene*. *Fee Status: Waived* (Attachments: #1 Appeal Information) (Kaminski, H)
February 22, 2016 Filing 181 NOTICE of Appeal by United States of America. (Boesch, Victoria)
January 20, 2016 Filing 180 DECLARATION of Bruce G. Fagel re #178 Bill of Costs Submitted. (Fagel, Bruce)
January 12, 2016 Filing 179 OBJECTIONS by Defendant United States of America to #178 Bill of Costs Submitted. (Boesch, Victoria)
January 5, 2016 Filing 178 BILL of COSTS SUBMITTED by plaintiffs. (Fagel, Bruce) Modified on 1/6/2016 (Marciel, M)
December 29, 2015 Opinion or Order Filing 177 JUDGMENT dated *12/17/2015* pursuant to order signed by Judge John A. Mendez on 12/16/2015. (Zignago, K.)
December 18, 2015 Filing 176 NOTICE of Unavailability of Counsel by United States of America. (Boesch, Victoria)
December 17, 2015 Opinion or Order Filing 175 AMENDED ORDER APPLYING CALIFORNIA'S PERIODIC-PAYMENT STATUTE signed by Judge John A. Mendez on 12/16/2015 ORDERING that the United States pay damages in accordance with those Findings and Conclusions as provided in this order. (Zignago, K.)
December 15, 2015 Filing 174 PROPOSED AMENDED ORDER applying California's Periodic-Payment Statute re #171 Order by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B) (Boesch, Victoria) Modified on 12/16/2015 (Michel, G.).
December 15, 2015 Filing 173 NOTICE OF NON-ACCEPTANCE OF ANNUITY re #171 Order by Isabella Palacio. (Fagel, Bruce) Modified on 12/16/2015 (Michel, G.).
December 8, 2015 Filing 172 MINUTE ORDER: On December 7, 2015, the Court issued an order directing Defendant United States to pay damages by, in part, purchasing an annuity #171 . The time to file objections to that order is hereby extended to nine (9) days following the date of that December 7 order. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H)
December 7, 2015 Opinion or Order Filing 171 ORDER signed by Judge John A. Mendez on 12/7/2015 ORDERING #168 the Court hereby ORDERS that the US pay damages in accordance with those Findings and Conclusions as provided in this order; Upon the death of Plaintiff I.P., the Plaintiffs, including the heirs and beneficiaries of Plaintiff I.P's estate, shall provide to the Clerk of this Court and the US a certified death certificate within 10 days of the date of Plaintiff I.P's death; the certified death certificate shall be mailed to the US Director, Torts Branch (FTCA Staff), Civil Division, US DOJ, Washington, D.C. 20044.(Reader, L)
December 7, 2015 Filing 170 TRANSCRIPT of Proceedings held on Oct. 1, 2015 - Re: Trial Excerpt - Testimony of Steven Day, before Judge John A. Mendez, filed by Court Reporter Cathie Bodene, E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/31/2015. Redacted Transcript Deadline set for 1/7/2016. Release of Transcript Restriction set for 3/7/2016. (Bodene, C)
November 30, 2015 Filing 169 PROPOSED ORDER re Periodic Payment Judgment pursuant to 166 Minute Order by United States of America. (Boesch, Victoria) Modified on 12/1/2015 (Michel, G.).
November 30, 2015 Filing 168 PROPOSED ORDER re Periodic Payment Judgment pursuant to 166 Minute Order by Isabella Palacio. (Attachments: #1 Declaration of Peter Formuzis, Ph.D.) (Fagel, Bruce) Modified on 12/1/2015 (Michel, G.).
November 30, 2015 Filing 167 BILL OF COSTS SUBMITTED on Claims Against Dr. Holmes by United States of America. (Kim, Chi Soo)
November 23, 2015 Filing 166 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Streeter for Judge John A. Mendez on 11/23/2015: The parties have submitted supplemental briefing on the application of Californias Periodic Payment statute [Doc. #162-165]. The Court hereby orders the parties to simultaneously submit proposed orders by 5 p.m. on November 30, 2015, based on the purchase of an annuity. The parties are not to submit any responses to the proposed Orders. IT IS SO ORDERED.(Streeter, J)
November 20, 2015 Filing 165 RESPONSE by United States of America to #164 Objections. (Attachments: #1 Boesch Declaration Supporting Response, #2 Exhibit to Boesch Declaration)(Boesch, Victoria) Modified on 11/23/2015 (Kaminski, H).
November 19, 2015 Filing 164 OBJECTIONS by Plaintiff Isabella Palacio to #163 Brief,. (Fagel, Bruce)
November 16, 2015 Filing 163 UNITED STATES' Brief on the Application of California's Periodic Payment Statute by United States of America. (Attachments: #1 Declaration of Victoria Boesch, #2 Exhibit A, #3 Exhibit B)(Boesch, Victoria) Modified on 11/18/2015 (Becknal, R).
November 16, 2015 Filing 162 PLAINTIFFS' POST TRIAL MEMORANDUM RE the Applicability of CA Code of Civil Procedure Section 667.7 by Isabella Palacio. (Fagel, Bruce) Modified on 11/18/2015 (Becknal, R).
November 16, 2015 Filing 161 PARTIAL JUDGMENT for the United States as to all claims related to Dr. Paul Holmes signed by Judge John A. Mendez on 11/13/15. (Kastilahn, A)
November 13, 2015 Opinion or Order Filing 160 ORDER signed by Judge John A. Mendez on 11/13/15 ORDERING that the Clerk is directed to enter partial judgment for the United States as to all claims related to Dr. Paul Holmes. (Kastilahn, A)
November 13, 2015 Filing 159 PROPOSED ORDER re Adopting Findings of Fact and Conclusions of Law as to Dr. Paul Holmes and Granting Partial Judgment for the United States (Fed. R. Civ. P. 52(c)) by United States of America. (Kim, Chi Soo)
November 12, 2015 Filing 158 TRANSCRIPT REQUEST by Steven Day for proceedings held on 10/1/15 before Judge John A. Mendez. Court Reporter Cathie Bodene. (Kastilahn, A)
November 3, 2015 Opinion or Order Filing 157 JOINT STIPULATION and ORDER REGARDING PERIODIC-PAYMENT BRIEFING signed by Judge John A. Mendez on 11/2/15. The parties request that the due date for those briefs be moved from Monday 11/9/15, to Monday 11/16/2015.(Mena-Sanchez, L)
November 2, 2015 Filing 156 STIPULATION and PROPOSED ORDER for an extension regarding periodic-payment briefing re #155 Findings of Fact & Conclusions of Law,,, by United States of America. (Boesch, Victoria)
October 29, 2015 Filing 155 FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge John A. Mendez on 10/28/2015 ORDERING Defendant is ORDERED to pay I.P. (through her guardian ad litem, Facundo Palacio Diaz) $9,359,305 in economic and noneconomic damages; Defendant is ORDERED to pay Micaela Palacio $250,000 in noneconomic damages; the Gov't has stated its intent to invoke CA's periodic payment statute, CA Code of Civil Procedure section 667.7; the Court GRANTS the Govt's request for further briefing on this subject in order to advise the Court about the propriety of applying section 667.7 and how periodic payments would affect final judgment; Both parties are to prepare briefs to be filed within 10 days from the date of this Order; the Court may set this matter for a further hearing if it so requires. (Reader, L)
October 16, 2015 Filing 154 PROPOSED FINDINGS of FACT by United States of America. (Attachments: #1 Declaration of Victoria L. Boesch, #2 Exhibit A, Trial Testimony of Dr. Davainis, #3 Exhibit B, Trial Testimony of Dr. Davainis, #4 Exhibit C, Trial Testimony of Dr. Manning, #5 Exhibit D, Trial Testimony of Dr. Druzin)(Boesch, Victoria)
October 16, 2015 Filing 153 PROPOSED FINDINGS of FACT by United States of America.(Kim, Chi Soo)
October 16, 2015 Filing 152 PROPOSED FINDINGS of FACT by Isabella Palacio.(Fagel, Bruce)
October 14, 2015 Filing 151 TRANSCRIPT of Proceedings held on October 5th & 6th, 2015, Re: Trial Testimony of Maurice Druzin, M.D., before Judge John A. Mendez, filed by Court Reporter Cathie Bodene, E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/5/2015. Redacted Transcript Deadline set for 11/16/2015. Release of Transcript Restriction set for 1/14/2016. (Bodene, C)
October 14, 2015 Filing 150 TRANSCRIPT of Proceedings held on Oct. 5, 2015 - Trial Testimony of Frank Manning, M.D.,, before Judge John A. Mendez, filed by Court Reporter Cathie Bodene, E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/5/2015. Redacted Transcript Deadline set for 11/16/2015. Release of Transcript Restriction set for 1/14/2016. (Bodene, C)
October 7, 2015 Filing 149 TRANSCRIPT of Proceedings held on October 5th, 2015 - Re: Rule 52(c) Motion, before Judge John A. Mendez, filed by Court Reporter Cathie Bodene, E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/29/2015. Redacted Transcript Deadline set for 11/9/2015. Release of Transcript Restriction set for 1/7/2016. (Bodene, C)
October 7, 2015 Filing 148 TRANSCRIPT REQUEST by United States of America for proceedings held on 10/5/2015-10/6/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Kim, Chi Soo)
October 7, 2015 Filing 147 TRANSCRIPT REQUEST by United States of America for proceedings held on 10/5/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Kim, Chi Soo)
October 7, 2015 Filing 146 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 10/7/2015. Closing arguments presented by counsel. Counsel to file Findings of Fact and Conclusions of Law by 10/16/2015. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Court Reporter: C. Bodene. (Shaddox-Waldrop, A)
October 7, 2015 Filing 144 AMENDED TRANSCRIPT REQUEST re #142 by Isabella Palacio for proceedings held on 10/5/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Fagel, Bruce)
October 7, 2015 Filing 143 AMENDED TRANSCRIPT REQUEST re #142 by Isabella Palacio for proceedings held on 10/5/2015, 10/6/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Fagel, Bruce)
October 6, 2015 Filing 145 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 10/6/2015. Testimony was heard and exhibits entered. Defense rested. Bench Trial continued to 10/7/2015 at 1:30 PM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Court Reporter: C. Bodene. (Shaddox-Waldrop, A) Modified on 10/7/2015 (Shaddox-Waldrop, A).
October 6, 2015 Filing 142 TRANSCRIPT REQUEST by Isabella Palacio for proceedings held on 10/5/2015; 10/6/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Fagel, Bruce)
October 6, 2015 Filing 141 TRANSCRIPT REQUEST by Isabella Palacio for proceedings held on 10/5/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Fagel, Bruce)
October 6, 2015 Filing 140 TRANSCRIPT REQUEST by United States of America for proceedings held on 10/5/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Kim, Chi Soo)
October 5, 2015 Filing 139 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 10/5/2015. Testimony was heard and exhibits entered. Plaintiff rested. Government (Defendant) made an oral Motion for Partial Judgment. Motion GRANTED. Government to submit written motion for the Court to adopt. Bench Trial continued to 10/6/2015 at 1:30 PM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Court Reporter: C. Bodene. (Shaddox-Waldrop, A)
October 1, 2015 Filing 138 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 10/1/2015. Testimony was heard and exhibits entered. Bench Trial continued to 10/5/2015 at 09:15 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Court Reporter: C. Bodene. (Shaddox-Waldrop, A)
October 1, 2015 Filing 137 MOTION IN LIMINE to exclude expert testimony of Y. Wu, MD and D. Rai, MD; DECLARATION of Eduardo J. Ascencio by Isabella Palacio. (Fagel, Bruce) Modified on 10/2/2015 (Kaminski, H).
October 1, 2015 Filing 136 NOTICE OF LODGING DOCUMENT IN PAPER by United States of America: Deposition Transcripts. (Kim, Chi Soo)
October 1, 2015 Filing 135 TRANSCRIPT of Proceedings held on September 25, 2015 - Trial Excerpt - Testimony of Dr. Paul Davainis, before Judge John A. Mendez, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/22/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/31/2015. (Bodene, C) (Main Document 135 replaced on 10/7/2015) (Donati, J).
October 1, 2015 Filing 134 TRANSCRIPT of Proceedings held on September 24, 2015, Re: Trial Excerpt - Testimony of Dr. Paul Davainis, before Judge John A. Mendez, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/22/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/31/2015. (Bodene, C) (Main Document 134 replaced on 10/7/2015) (Donati, J).
October 1, 2015 Filing 133 OPPOSITION by Isabella Palacio to #124 MOTION IN LIMINE To Exclude Evidence Pertaining To New Informed Consent Claim And New Medical Evidence. (Fagel, Bruce)
September 30, 2015 Filing 132 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 9/30/2015. Testimony was heard and exhibits entered. Bench Trial continued to 10/1/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Court Reporter: C. Bodene. (Shaddox-Waldrop, A)
September 30, 2015 Opinion or Order Filing 131 STIPULATION AND ORDER REGARDING DAMAGES signed by Judge John A. Mendez on 9/29/2015. (Michel, G.)
September 29, 2015 Filing 130 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 9/29/2015. Testimony was heard and exhibits entered. Bench Trial continued to 9/30/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Interpreter: L. Esquivel (Spanish); Court Reporter: C. Bodene. (Shaddox-Waldrop, A)
September 29, 2015 Filing 129 STIPULATION and PROPOSED ORDER for Damages by United States of America. (Kim, Chi Soo)
September 29, 2015 Filing 128 TRANSCRIPT REQUEST by Isabella Palacio for proceedings held on 9/24/2015 ; 9/25/2015 before Judge John Mendez. Court Reporter Cathie Bodene. (Fagel, Bruce)
September 28, 2015 Filing 127 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 9/28/2015. Court heard arguments as to Governments Motion in Limine #124 . Testimony was heard and exhibits entered. Bench Trial continued to 9/29/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Interpreter: L. Esquivel (Spanish); Court Reporter: C. Bodene. (Shaddox-Waldrop, A)
September 28, 2015 Opinion or Order Filing 126 STIPULATION and ORDER re damages signed by Judge John A. Mendez on 9/28/15. (Kaminski, H)
September 28, 2015 Filing 125 NOTICE of Lodging Deposition Transcript (Dr. Holmes) by United States of America. (Kim, Chi Soo)
September 27, 2015 Filing 124 MOTION IN LIMINE To Exclude Evidence Pertaining To New Informed Consent Claim And New Medical Evidence by United States of America. (Attachments: #1 Declaration of Victoria L. Boesch with Exhs. A-H)(Kim, Chi Soo) Modified on 9/28/2015 (Kaminski, H).
September 25, 2015 Filing 123 TRANSCRIPT REQUEST by United States of America for proceedings held on 9/24/2015 and 9/25/2015 before Judge Mendez. Court Reporter Cathie Bodene. (Kim, Chi Soo)
September 25, 2015 Filing 122 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 9/25/2015. Testimony was heard and exhibits entered. Bench Trial continued to 9/28/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Court Reporter: C. Bodene. (Shaddox-Waldrop, A) Modified on 9/25/2015 (Shaddox-Waldrop, A).
September 24, 2015 Filing 121 NOTICE of LODGING by United States of America for Deposition Transcript of Dr. Paul C. Davainis dated 3/6/2014. (Kim, Chi Soo) Modified on 9/24/2015 (Marciel, M)
September 24, 2015 Filing 120 MINUTES (Text Only) for proceedings before Judge John A. Mendez: BENCH TRIAL held on 9/24/2015. Opening statements were heard. Testimony was heard and exhibits entered. Bench Trial continued to 9/25/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim present. Court Reporter: C. Bodene. (Vine, H)
September 24, 2015 Filing 119 STIPULATION and PROPOSED ORDER regarding damages by United States of America. (Boesch, Victoria) Modified on 9/24/2015 (Marciel, M)
September 18, 2015 Filing 118 DECLARATION of Eduardo J. Ascencio in support of #116 Discovery Designations. (Fagel, Bruce) Modified on 9/21/2015 (Marciel, M)
September 17, 2015 Filing 117 TRIAL BRIEF by United States of America.(Kim, Chi Soo)
September 17, 2015 Filing 116 NOTICE PLAINTIFFS DISCOVERY DESIGNATIONS by Isabella Palacio. (Fagel, Bruce)
September 17, 2015 Filing 115 TRIAL BRIEF by Isabella Palacio.(Fagel, Bruce)
September 17, 2015 Filing 114 TRIAL BRIEF by Isabella Palacio.(Fagel, Bruce)
September 17, 2015 Filing 113 MINUTES (Text Only) for proceedings before Judge John A. Mendez: PRETRIAL CONFERENCE held on 9/17/2015. Court to prepare pretrial order. Plaintiffs Counsel T. Riley present. Defendants Counsel R. Lansburgh present. Court Reporter: D. Shepard. (Vine, H)
September 17, 2015 Filing 112 MINUTE ORDER: Plaintiffs filed an amended exhibit list #99 and a second amended exhibit list #106 without seeking leave of court. The amended pretrial conference order #77 incorporated the parties exhibit lists and stated that [n]o other exhibits will be permitted to be introduced except as to certain exhibits and unless the party seeking to introduce them makes an adequate showing, as described on pages 9 and 10 of the amended pretrial conference order. Because Plaintiffs filed their amended exhibit lists without the Courts permission and without making any such showing, the Court strikes these filings. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H)
September 17, 2015 Filing 111 NOTICE United States' Discovery Designations by United States of America. (Attachments: #1 Exhibit A, Deposition of Plaintiff Micaela Palacio, #2 Exhibit B, Deposition of Joel Paoner, #3 Exhibit C, Interrogatory Responses, #4 Declaration of Victoria L. Boesch)(Kim, Chi Soo)
September 16, 2015 Filing 110 NOTICE OF LODGING DOCUMENT IN PAPER by United States of America: Deposition Transcript and Exhibits of Frank Manning, M.D.. (Kim, Chi Soo)
September 16, 2015 ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcript of Frank A. Manning [ROUTED TO CHAMBERS] (Mena-Sanchez, L)
September 15, 2015 Filing 109 OBJECTIONS by Defendant United States of America to #106 Exhibit List. (Kim, Chi Soo)
September 15, 2015 Filing 108 OBJECTIONS by Plaintiff Isabella Palacio. (Fagel, Bruce)
September 11, 2015 Filing 107 NOTICE OF LODGING DOCUMENT IN PAPER by Isabella Palacio: Depositions. (Fagel, Bruce)
September 10, 2015 Filing 106 Plaintiffs' SECOND AMENDED Exhibit List by Isabella Palacio.(Fagel, Bruce) Modified on 9/11/2015 (Mena-Sanchez, L).
September 2, 2015 Filing 105 STIPULATION and PROPOSED ORDER for [Joint Stipulation] Regarding Trial Schedule by United States of America. (Boesch, Victoria)
August 20, 2015 Opinion or Order Filing 104 STIPULATION and ORDER signed by Judge John A. Mendez on 8/19/15. The portion of this action removed from the Lassen County Superior Court is DISMISSED with prejudice pursuant to FRCP 41(a)(1), with each party bearing their own attorney's fees and costs. The Federal Tort Claims Act complaint is still pending and is set for trial on 9/24/15. (Manzer, C)
August 19, 2015 Filing 103 STIPULATION and PROPOSED ORDER for Dismissal by Banner Health. (Doyle, Thomas)
July 10, 2015 Opinion or Order Filing 102 ORDER signed by Judge John A. Mendez on 7/9/15 CONFIRMING settlement as to defendant, Banner Health, an Arizona Corporation dba Banner Lassen Medical Center. (Becknal, R)
July 9, 2015 Filing 101 PROPOSED ORDER re Confirming Settlement as to Defendant, Banner Health dba Banner Laasen Medical Center re #78 Notice of Settlement by Isabella Palacio. (Fagel, Bruce)
May 6, 2015 Filing 100 MINUTE ORDER: Pursuant to the agreement of counsel, the Bench Trial is ordered reset to 9/24/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (TEXT ENTRY ONLY) (Vine, H)
April 27, 2015 Filing 99 AMENDED TRIAL EXHIBIT LIST by Isabella Palacio.(Fagel, Bruce) Modified on 4/27/2015 (Reader, L).
April 17, 2015 Opinion or Order Filing 98 STIPULATION and ORDER to modify the amended Pretrial Conference Order regarding trial witnesses signed by Judge John A. Mendez on 4/16/15. (Mena-Sanchez, L)
April 16, 2015 Filing 97 MINUTE ORDER: This matter is before the Court on the parties motions in limine. The Court rules on these motions as follows: Defendants motion in limine No. 1 #80 is granted on the basis that Formuziss report is untimely and the report does not provide a complete statement of all opinions and the basis and reasons for them. Fed. R. Civ. P. 26(a)(2)(B)(i). Plaintiffs motion in limine No. 1 #85 is denied for the same reasons. Defendants motions in limine Nos. 2 and 3 [81, 82] are granted pursuant to the parties stipulations [88, 89]. Defendants motion in limine No. 4 #83 and Plaintiffs motion in limine No. 2 #86 are both denied in part and granted in part as follows: Defendant may not introduce evidence of IHSS, Medi-Cal, or California Childrens Services benefits as collateral sources. Because the Regional Center, like Medi-Cal has lien rights, it too is excluded as a collateral source. See Brown v. Stewart, 129 Cal.App.3d 331 (1982). Defendant may however introduce evidence of Plaintiffs Blue Shield policy as a collateral source under MICRA. The Court also concludes that evidence of future collateral sources under MICRA is admissible. See Fein v. Permanente Medical Group, 38 Cal.3d 137, 165 n.21 (1985) (acknowledging award for future medical expenses that took into account future health insurance); Graham v. Workers Comp. Appeals Bd., 210 Cal.App.3d 499, 505 (1989) (section 3333.1(b) applies to future benefits). Evidence related to the Affordable Care Act is admissible as it pertains to the likelihood of Plaintiffs future insurance benefits. Finally, Plaintiffs motion in limine No. 3 #87 is denied as premature. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H)
April 15, 2015 Filing 96 STIPULATION and PROPOSED ORDER to modify #77 Amended Pretrial Conference Order regarding Trial Witnesses by United States of America. (Boesch, Victoria) Modified on 4/16/2015 (Marciel, M)
April 2, 2015 Filing 95 DECLARATION of Victoria L. Boesch re #93 Opposition to Motion, #94 Opposition to Motion, #92 Opposition to Motion. (Attachments: #1 Exhibit V-X Boesch Declaration)(Boesch, Victoria)
April 2, 2015 Filing 94 OPPOSITION by United States of America to #87 MOTION IN LIMINE No. 3 requesting a post trial hearing should there be an award for non-economic damages in excess of $250,000; alternatively to introduce evidence of inflation. (Kim, Chi Soo)
April 2, 2015 Filing 93 OPPOSITION by United States of America to #86 MOTION IN LIMINE No. 2 to exclude evidence of collateral source payments from Medi-Cal, ACA, and other governmental assistance programs. (Boesch, Victoria)
April 2, 2015 Filing 92 OPPOSITION by United States of America to #85 MOTION IN LIMINE No. 1 to admit evidence of an annuity as one method of determining present case value. (Boesch, Victoria)
April 2, 2015 Filing 91 OPPOSITION by Isabella Palacio to #80 MOTION IN LIMINE No. 1 to Exclude Testimony by Economist Peter Formuzis Based on an Untimely Report and to Strike that Report. (Fagel, Bruce)
April 2, 2015 Filing 90 OPPOSITION by Isabella Palacio to #83 MOTION IN LIMINE No. 4 to Admit Evidence Regarding Health Insurance Benefits. (Fagel, Bruce)
April 2, 2015 Filing 89 RESPONSE by Isabella Palacio to #82 MOTION IN LIMINE No. 3 to Exclude Plaintiffs' Treating Physician Steven Braatz, M.D.. (Fagel, Bruce) Modified on 4/6/2015 (Zignago, K.).
April 2, 2015 Filing 88 RESPONSE by Isabella Palacio to #81 MOTION IN LIMINE No. 2 to Exclude Plaintiffs' Expert Luis Montes, M.D. from Testifying Regarding Life Expectancy.(Fagel, Bruce) Modified on 4/6/2015 (Zignago, K.).
March 27, 2015 Filing 87 MOTION IN LIMINE No. 3 requesting a post trial hearing should there be an award for non-economic damages in excess of $250,000; alternatively to introduce evidence of inflation by Isabella Palacio. Motion Hearing set for 5/26/2015 at 01:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fagel, Bruce) Modified on 4/1/2015 (Zignago, K.).
March 27, 2015 Filing 86 MOTION IN LIMINE No. 2 to exclude evidence of collateral source payments from Medi-Cal, ACA, and other governmental assistance programs by Isabella Palacio. Motion Hearing set for 5/26/2015 at 01:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fagel, Bruce) Modified on 4/1/2015 (Zignago, K.).
March 27, 2015 Filing 85 MOTION IN LIMINE No. 1 to admit evidence of an annuity as one method of determining present case value by Isabella Palacio. Motion Hearing set for 5/26/2015 at 01:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fagel, Bruce) Modified on 3/27/2015 (Shaddox-Waldrop, A). Modified on 4/1/2015 (Zignago, K.).
March 27, 2015 Filing 84 DECLARATION of Victoria Boesch re #80 , #81 , #82 , #83 Motions in Limine. (Attachments: #1 Exhibit A-U to Boesch Declaration)(Boesch, Victoria) Modified on 4/1/2015 (Zignago, K.).
March 27, 2015 Filing 83 MOTION IN LIMINE No. 4 to Admit Evidence Regarding Health Insurance Benefits by United States of America. (Boesch, Victoria)
March 27, 2015 Filing 82 MOTION IN LIMINE No. 3 to Exclude Plaintiffs' Treating Physician Steven Braatz, M.D. by United States of America. (Attachments: #1 Declaration Janice Brinkman)(Kim, Chi Soo)
March 27, 2015 Filing 81 MOTION IN LIMINE No. 2 to Exclude Plaintiffs' Expert Luis Montes, M.D. from Testifying Regarding Life Expectancy by United States of America. (Kim, Chi Soo)
March 27, 2015 Filing 80 MOTION IN LIMINE No. 1 to Exclude Testimony by Economist Peter Formuzis Based on an Untimely Report and to Strike that Report by United States of America. (Boesch, Victoria)
March 25, 2015 Filing 79 TRANSCRIPT of Proceedings held on March 12 2015, before Judge John A. Mendez, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/16/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/25/2015. (Shepard, D)
March 24, 2015 Filing 78 NOTICE of SETTLEMENT AS TO BANNER HEALTH ONLY by Isabella Palacio. (Fagel, Bruce)
March 24, 2015 Opinion or Order Filing 77 AMENDED PRETRIAL CONFERENCE ORDER signed by Judge John A. Mendez on 3/23/15 ORDERING that motions in limine are due 3/27/15 and oppositions are due 4/2/15. Trial is SET for 5/26/2015 at 01:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. The parties estimate 18 to 20 court days for trial. (Kastilahn, A)
March 20, 2015 Filing 76 AMENDED EXHIBIT LIST * - Response to Pretrial Conference Order * by United States of America.(Boesch, Victoria) Modified on 3/23/2015 (Kastilahn, A).
March 19, 2015 Filing 75 RESPONSE by defendant Banner Health to #72 Pretrial Conference Order. (Doyle, Thomas) Modified on 3/25/2015 (Marciel, M)
March 16, 2015 Filing 74 TRANSCRIPT REQUEST by Isabella Palacio for proceedings held on 3/12/2015 before District Judge John A. Mendez. Court Reporter - Diane Shephard. (Fagel, Bruce) Modified on 3/18/2015 (Marciel, M)
March 16, 2015 Filing 73 TRANSCRIPT REQUEST by United States of America for proceedings held on 3/12/2015 before District Judge John A. Mendez. Court Reporter - Diane Shephard. (Boesch, Victoria) Modified on 3/18/2015 (Marciel, M)
March 13, 2015 Opinion or Order Filing 72 PRETRIAL CONFERENCE ORDER signed by Judge John A. Mendez on 3/12/2015 ORDERING that Trial is set for 5/26/2015 at 01:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. (Zignago, K.)
March 12, 2015 Filing 71 MINUTES (Text Only) for proceedings before Judge John A. Mendez: PRETRIAL CONFERENCE held on 3/12/2015. Bench Trial reset for 5/26/2015 at 01:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. Court to issue pretrial order. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim; T. Doyle present. Court Reporter: D. Shepard. (Vine, H)
March 6, 2015 Filing 70 PRETRIAL STATEMENT by Defendant United States of America. (Attachments: #1 Exhibit A- Plaintiffs' Witness List, #2 Exhibit B- United States' Witness List, #3 Exhibit C- Banner Health's Witness List, #4 Exhibit D- Plaintiffs' Exhibit List, #5 Exhibit E- United States' Exhibit List, #6 Exhibit F- Banner Health's Exhibit List)(Boesch, Victoria)
March 4, 2015 Filing 69 MINUTE ORDER: The parties are notified that the Pretrial Conference set for 3/13/2015 at 10:00 AM is advanced to 3/12/2015 in Courtroom 6 (JAM) before Judge John A. Mendez. The parties joint pretrial statement shall remain due on 3/6/2015. (TEXT ENTRY ONLY) (Vine, H)
February 27, 2015 Filing 68 PRETRIAL STATEMENT by Plaintiff Isabella Palacio. (Fagel, Bruce)
November 26, 2014 Filing 67 MINUTE ORDER: Before the Court is Defendant United States motion in limine to exclude one of three life expectancy experts disclosed by Plaintiffs Michaela Palacio, Facundo Palacio Diaz, and their daughter, I.P. (collectively, Plaintiffs), Dr. Carl Nichols #41 . Defendant Banner Health joined in the motion #51 . At the hearing on November 19, 2014, the Court held that Dr. Nichols report was deficient under Federal Rule of Civil Procedure 26(a)(2), but allowed Plaintiffs the chance to file an amended report that comports with the rule. Plaintiffs filed an amended report #62 and Defendants replied #63 , #65 . The Court finds that the report remains deficient. It is not detailed and complete and the opinions are not thoroughly set forth and supported. See Pineda v. City & Cnty. of San Francisco, 280 F.R.D. 517, 520 (N.D. Cal. 2012). Plaintiffs are obligated to ensure that their expert reports meet these requirements. Yet this is Plaintiffs third attempt to submit a proper report for Dr. Nichols and they have again failed. The Court declines to give Plaintiffs a fourth chance, and will now exclude Dr. Nichols under Federal Rule of Civil Procedure 37(c)(1). IT IS SO ORDERED. (TEXT ENTRY ONLY)(Vine, H)
November 26, 2014 Filing 66 STATEMENT of Joint Mid-Litigation Statement by Defendant United States of America. (Boesch, Victoria)
November 25, 2014 Filing 65 RESPONSE by Banner Health to #63 Response. (Doyle, Thomas)
November 24, 2014 Filing 64 TRANSCRIPT of Proceedings held on November 19, 2014, before Judge John A. Mendez, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/15/2014. Redacted Transcript Deadline set for 12/26/2014. Release of Transcript Restriction set for 2/23/2015. (Shepard, D)
November 24, 2014 Filing 63 RESPONSE by United States of America to #62 Supplement. (Attachments: #1 Declaration Steven Day PhD)(Kim, Chi Soo)
November 21, 2014 Filing 62 AMENDED SUPPLEMENT of Report of Thomas Nichols, M.D. by Isabella Palacio pursuant to 61 Order. (Fagel, Bruce) Modified on 11/25/2014 (Meuleman, A).
November 19, 2014 Filing 61 MINUTES (Text Only) for proceedings held before Judge John A. Mendez: MOTION HEARING held on 11/19/2014 ; Motions terminated: #41 Motion to Exclude plaintiffs' life expectancy experts and reports filed by United States of America, #34 Motion to Exclude experts' costs comparison, life care plans, and economic reports of defendants Banner Health filed by Isabella Palacio, #35 Motion to Exclude defendant United States' supplemental expert Michael P. Nageotte, M.D. filed by Isabella Palacio, #42 Motion to Exclude plaintiffs' experts Dr. Albert J. Phillips and Dr. Frank A. Manning; Motion to Strike filed by United States of America ; denying #34 Motion for Discovery; denying #35 Motion for Discovery; granting #41 Motion ; granting in part and denying in part #42 Motion. Plaintiffs Counsel B. Fagel present. Defendants Counsel V. Boesch; C. Kim; C. Couchot present. Court Reporter: D. Shepard. (Vine, H)
November 12, 2014 Filing 60 REPLY by United States of America to RESPONSE to #41 Motion to Exclude plaintiffs' life expectancy experts and reports. (Attachments: #1 Declaration of Steven Day, #2 Declaration of Chi Soo Kim, #3 Declaration of Victoria L. Boesch)(Kim, Chi Soo)
November 12, 2014 Filing 59 REPLY MEMORANDUM by Isabella Palacio re Motion to Exclude Defendant United States' Supplemental Expert Micharl P. Nageotte, MD. #56 (Fagel, Bruce) Modified on 11/13/2014 (Reader, L).
November 12, 2014 Filing 58 REPLY MEMORANDUM by Isabella Palacio, to #55 Opposition to Motion, #54 Opposition to Motion,. (Attachments: #1 Exhbits A-F)(Fagel, Bruce) Modified on 11/13/2014 (Reader, L).
November 12, 2014 Filing 57 REPLY by United States of America, Supporting #42 Motion to Exclude plaintiffs' experts Dr. Albert J. Phillips and Dr. Frank A. Manning; Motion to Strike. (Attachments: #1 Declaration Victoria L. Boesch, #2 Exhibit M, #3 Exhibit N)(Boesch, Victoria) Modified on 11/13/2014 (Reader, L).
November 5, 2014 Filing 56 OPPOSITION by United States of America to #35 Motion to Exclude defendant United States' supplemental expert Michael P. Nageotte, M.D.. (Attachments: #1 Declaration Victoria L. Boesch, #2 Exhibit 1 - 4 to Boesch Declaration) (Boesch, Victoria) Modified on 11/7/2014 (Marciel, M)
November 5, 2014 Filing 55 OPPOSITION by Banner Health to #34 Motion to Exclude experts' costs comparison, life care plans, and economic reports of defendants Banner Health. (Attachments: #1 Declaration of Thomas J. Doyle in support, #2 Exhibits A - G) (Doyle, Thomas) Modified on 11/7/2014 (Marciel, M)
November 5, 2014 Filing 54 OPPOSITION by United States of America to #34 Motion to Exclude experts' costs comparison, life care plans, and economic reports of defendants Banner Health. (Attachments: #1 Declaration Victoria L. Boesch, #2 Exhibit A - F to Boesch Declaration, #3 Exhibit G - N) (Boesch, Victoria) Modified on 11/7/2014 (Marciel, M)
November 5, 2014 Filing 53 OPPOSITION by Isabella Palacio to #41 Motion to Exclude plaintiffs' life expectancy experts and reports. (Attachments: #1 Declaration of Bruce Fagel) (Fagel, Bruce) Modified on 11/7/2014 (Marciel, M)
November 5, 2014 Filing 52 OPPOSITION by Isabella Palacio to #42 Motion to Exclude plaintiffs' experts Dr. Albert J. Phillips and Dr. Frank A. Manning; Motion to Strike. (Attachments: #1 Declaration of Bruce Fagel) (Fagel, Bruce) Modified on 11/7/2014 (Marciel, M)
October 17, 2014 Filing 51 JOINDER by Banner Health in re #41 Motion to Exclude Plaintiffs' Life Expectancy Expert and Reports filed by United States of America. (Doyle, Thomas)
October 17, 2014 Filing 50 JOINDER by Banner Health in re #42 Motion to Exclude Plaintiffs' Experts Dr. Albert J. Phillips and Dr. Frank A. Manning; Motion to Strike filed by United States of America. (Attachments: #1 Declaration Declaration of Thomas J. Doyle in Support of Joinder to United States' Notice of Motion and Motion to Exclude Plaintiffs' Experts Dr. Phillips and Dr. Manning)(Doyle, Thomas)
October 10, 2014 Filing 49 MINUTE ORDER: Counsel's Request to appear telephonically #48 is denied. (TEXT ENTRY ONLY) (Vine, H)
October 10, 2014 Filing 48 REQUEST for to Appear Telephonically at Hearings by Isabella Palacio. (Attachments: #1 Proposed Order Granting Plaintiffs Request to Appear Telephonically at November 19, 2014 Hearing)(Fagel, Bruce)
October 10, 2014 Filing 47 NOTICE to RESCHEDULE HEARING on #35 MOTION for DISCOVERY Plaintiffs' Motion To Exclude Defendant USA Supplemental Expert Michael P. Nageotte, MD : Motion Hearing set for 11/19/2014 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fagel, Bruce) Modified on 10/10/2014 (Streeter, J).
October 10, 2014 Filing 46 NOTICE to RESCHEDULE HEARING on #34 MOTION for DISCOVERY Plaintiffs' Motion to Exclude Experts' Costs Comparison and Life Care Plans, and Economic Reports of Defendants Banner Health dba Banner Lassen Medical Center and USA : Motion Hearing set for 11/19/2014 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fagel, Bruce) Modified on 10/10/2014 (Streeter, J).
October 9, 2014 Filing 45 NOTICE TO RESCHEDULE MOTION HEARING on #41 Motion to Exclude Plaintiffs' Life Expectancy Expert and Reports. Motion Hearing RESET for 11/19/2014 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kim, Chi Soo) Modified on 10/9/2014 (Michel, G).
October 9, 2014 Filing 44 NOTICE TO RESCHEDULE MOTION HEARING on #42 Motion to Exclude Plaintiffs' Experts Dr. Albert J. Phillips and Dr. Frank A. Manning; Motion to Strike. Motion Hearing RESET for 11/19/2014 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez by United States of America. (Boesch, Victoria) Modified on 10/9/2014 (Michel, G).
October 9, 2014 Filing 43 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 10/09/2014:On the Court's own motion, the parties are instructed to re-notice their motions, #34 , #35 , #41 and #42 before the District Judge. Therefore, the Motions Hearing set for 10/29/2014 at 10:00 AM before Magistrate Judge Carolyn K. Delaney is VACATED. (Streeter, J)
October 8, 2014 Filing 42 MOTION TO EXCLUDE plaintiffs' experts Dr. Albert J. Phillips and Dr. Frank A. Manning; MOTION TO STRIKE their reports by United States of America. Motion Hearing SET for 10/29/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Victoria L. Boesch, #3 Exhibits A-L) (Boesch, Victoria) Modified on 10/9/2014 (Michel, G).
October 8, 2014 Filing 41 MOTION TO EXCLUDE plaintiffs' life expectancy expert and reports by United States of America. Motion Hearing SET for 10/29/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Chi Soo Kim, #3 Exhibits A-I) (Kim, Chi Soo) Modified on 10/9/2014 (Michel, G).
October 8, 2014 Opinion or Order Filing 40 STIPULATION AND ORDER signed by Judge John A. Mendez on 10/7/14 GRANTING the request for the Court modify the scheduling order to allow expert discovery to continue until December 15, 2014. (Becknal, R)
October 7, 2014 Filing 39 STIPULATION and PROPOSED ORDER modifying the #14 Status (Pretrial Scheduling) Order by United States of America. (Boesch, Victoria) Modified on 10/8/2014 (Michel, G).
October 2, 2014 Filing 38 PLAINTIFF'S REQUEST to Appear Telephonically at Hearing re #34 #35 . (Attachments: #1 Proposed Order)(Fagel, Bruce) Modified on 10/6/2014 (Becknal, R).
October 1, 2014 Filing 37 NOTICE of APPEARANCE by Chi Soo Kim, GOVT on behalf of United States of America. Attorney Kim, Chi Soo added. (Kim, Chi Soo)
September 23, 2014 Filing 36 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 09/23/2014: Opposition, if any, to plaintiff's discovery motions calendared for hearing on October 29, 2014 (ECF Nos. #34 , #35 ) shall be filed no later than October 15, 2014. (Streeter, J)
September 19, 2014 Filing 35 MOTION to EXCLUDE defendant United States' supplemental expert Michael P. Nageotte, M.D. by Isabella Palacio. Motion Hearing set for 10/29/2014 at 10:00 AM in 8th floor courtroom (JFM) before Magistrate Judge Carolyn K. Delaney. (Fagel, Bruce) Modified on 11/7/2014 (Marciel, M)
September 19, 2014 Filing 34 MOTTION to EXCLUDE experts' costs comparison, life care plans, and economic reports of defendants Banner Health dba Banner Lassen Medical Center and USA by Isabella Palacio. Motion Hearing set for 10/29/2014 at 10:00 AM in 8th floor courtroom (JFM) before Magistrate Judge Carolyn K. Delaney. (Fagel, Bruce) Modified on 11/7/2014 (Marciel, M)
June 18, 2014 Filing 33 MINUTE ORDER (Text Only) by Courtroom Deputy K. Owen for Magistrate Judge Carolyn K. Delaney on 6/18/2014: Pursuant to Plaintiffs' #32 Withdrawal the #30 Motion to Compel, the 7/9/2014 motion hearing is VACATED and the motion is withdrawn. (Owen, K)
June 18, 2014 Filing 32 WITHDRAWAL of #30 Motion to Compel Deposition of Ginger Leeth, RN by plaintiff Isabella Palacio. (Fagel, Bruce) Modified on 6/18/2014 (Marciel, M)
June 12, 2014 Filing 31 MINUTE ORDER (Text Only) by Courtroom Deputy K. Owen for Magistrate Judge Carolyn K. Delaney on 6/12/2014: Pursuant to the parties' communication with the court, and the unavailability of counsel, the 6/25/2014 #30 Motion to Compel hearing is CONTINUED to 7/9/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Counsel for Plaintiffs, Eduardo Ascencio, is granted leave to appear telephonically at the hearing. The Courtroom Deputy shall initiate the conference call to counsel at the time of the hearing. (Owen, K)
May 30, 2014 Filing 30 MOTION to COMPEL the Deposition of Ginger Leeth, RN, an employee of defendant, Banner Lassen Medical Center by Isabella Palacio. Motion Hearing set for 6/25/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Fagel, Bruce) Modified on 6/18/2014 (Marciel, M)
May 22, 2014 Filing 29 NOTICE of Unavailability of Counsel by United States of America. (Boesch, Victoria)
May 6, 2014 Filing 28 SUPPLEMENT by Isabella Palacio. (Fagel, Bruce)
May 1, 2014 Opinion or Order Filing 27 STIPULATION and ORDER FOR INDEPENDENT MEDICAL EXAMINATION signed by Magistrate Judge Carolyn K. Delaney on 5/1/14. (Mena-Sanchez, L)
May 1, 2014 Filing 26 REQUEST for report of findings re #25 Stipulation and Proposed Order by Isabella Palacio. (Fagel, Bruce) Modified on 5/2/2014 (Michel, G).
April 29, 2014 Filing 25 STIPULATION and PROPOSED ORDER for Independent Medical Examination per F.R.Cv.P. Rule 35 by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Boesch, Victoria) Modified on 4/30/2014 (Michel, G).
April 21, 2014 Filing 24 CLERK'S NOTICE (Text Only) by Courtroom Deputy K. Owen: Pursuant to plaintiff's Notice of Withdrawal of Motion #23 , the Motion to Compel is TERMINATED, and the 4/23/2014 Motion Hearing is VACATED. (Owen, K)
April 18, 2014 Filing 23 WITHDRAWAL of #16 MOTION to COMPEL by Isabella Palacio. (Fagel, Bruce)
April 16, 2014 Filing 22 OPPOSITION by Banner Health to #16 MOTION to COMPEL. (Attachments: #1 Declaration of Chad C. Couchot. (Doyle, Thomas) Modified on 4/17/2014 (Kaminski, H).
March 17, 2014 Filing 21 MINUTE ORDER (Text Only) by Courtroom Deputy K. Owen for Magistrate Judge Carolyn K. Delaney on 3/17/2014: Pursuant to the parties' Stipulation #19 , #20 , the 3/19/2014 Motion to Compel #16 hearing is CONTINUED to 4/23/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. The parties' Joint Discovery Statement is due no later than 7 days prior to the hearing. (Owen, K)
March 17, 2014 Filing 20 STIPULATION and PROPOSED ORDER to Continue #16 Motion to Compel Depositions of Employees of Banner Lassen Medical Center by Isabella Palacio. (Fagel, Bruce) Modified on 3/20/2014 (Zignago, K.).
March 14, 2014 Filing 19 STIPULATION and PROPOSED ORDER to Continue #16 Motion to Compel Depositions of Employees of Banner Lassen Medical Center. (Doyle, Thomas) Modified on 3/20/2014 (Zignago, K.).
March 14, 2014 PARTY UPDATE: Banner Health added. (Owen, K)
March 3, 2014 Filing 18 MINUTE ORDER (Text Only) by Courtroom Deputy K. Owen for Magistrate Judge Carolyn K. Delaney on 3/3/2014: The court GRANTS plaintiff's request to appear telephonically at the 3/19/2014 #16 Motion to Compel hearing. The courtroom deputy shall initiate the call to plaintiff's counsel, Eduardo Ascencio, at 310-281-8700 at the time of the hearing. (Owen, K)
February 27, 2014 Filing 17 [PROPOSED] ORDER re #16 MOTION to COMPEL. (Fagel, Bruce) Modified on 3/3/2014 (Mena-Sanchez, L).
February 27, 2014 Filing 16 MOTION to COMPEL Depositions of Employees of Defendant Banner Lassen Medical Center by Isabella Palacio. Motion Hearing set for 3/19/2014 at 10:00 AM in US Magistrate Judge 501 I Street before Magistrate Judge Carolyn K. Delaney. (Fagel, Bruce)
November 20, 2013 Opinion or Order Filing 15 ORDER CONSOLIDATING CASES signed by Judge John A. Mendez on 11/19/13. Case number 2:13-cv-2013 JAM CKD is hereby consolidated with case number 2:13-cv-1012 JAM CKD. (Manzer, C)
October 3, 2013 Opinion or Order Filing 14 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge John A. Mendez on 10/2/13 ORDERING all discovery due by 11/5/14; disclosure of Expert Witnesses due by 7/9/14; Dispositive Motions filed by 12/31/14; Hearing on such motions shall be on 1/28/15 at 9:30 a.m; Final Pretrial Conference set for 3/13/15 at 10:00 a.m; Court Trial set for 5/11/15 at 09:00 a.m. in Courtroom 6 (JAM) before Judge John A. Mendez. (Becknal, R)
October 2, 2013 Opinion or Order Filing 13 RELATED CASE #11 ORDER signed by Judge John A. Mendez on 10/1/2013. The action denominated 2:13-CV-2013 MCE CKD is REASSIGNED to Judge Mendez and Magistrate Carolyn K. Delaney for all further proceedings. Clerk directed to make appropriate adjustment to compensate for reassignment. (Marciel, M) Modified docket text on 2/27/2014 (Waggoner, D).
September 30, 2013 Filing 12 JOINT STATUS REPORT by United States of America. (Boesch, Victoria)
September 30, 2013 Filing 11 NOTICE of RELATED CASE 2:13-cv-02013-MCE-CKD by United States of America. (Boesch, Victoria)
September 20, 2013 Filing 10 MINUTE ORDER: The parties shall file a joint status report on or before October 4, 2013. (TEXT ENTRY ONLY) (Vine, H)
July 29, 2013 Filing 9 ANSWER to #1 Complaint by United States of America. Attorney Boesch, Victoria L. ADDED. (Boesch, Victoria) Modified on 7/30/2013 (Michel, G).
June 11, 2013 Filing 8 SUMMONS RETURNED EXECUTED: United States of America served on 5/28/2013, answer due 6/18/2013. (Fagel, Bruce) Modified on 6/11/2013 (Mena-Sanchez, L).
May 23, 2013 Filing 7 NOTICE TO HEALTH SERVICES RE PENDING ACTION by Isabella Palacio. (Fagel, Bruce)
May 23, 2013 Filing 6 SUMMONS RETURNED EXECUTED by Isabella Palacio. United States of America served on 5/22/2013. (Fagel, Bruce) Modified on 5/24/2013 (Manzer, C).
May 23, 2013 Filing 5 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Isabella Palacio. (Fagel, Bruce)
May 22, 2013 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Page Limits, #3 VDRP) (Marciel, M)
May 22, 2013 Filing 3 SUMMONS ISSUED as to *United States of America* with answer to complaint due within *60* days. Attorney *Bruce G. Fagel* *Law Offices of Bruce G. Fagel & Associates* *100 North Crescent Drive, Suite 360* *Beverly Hills, CA 90210* (Marciel, M)
May 22, 2013 Filing 1 COMPLAINT for Damages for Medical Malpractice against United States of America by Facundo Palacio Diaz, Micaela Palacio, and Isabella Palacio. Attorney Fagel, Bruce Gary added. (Attachments: #1 Civil Cover Sheet) (Fagel, Bruce)
May 22, 2013 RECEIPT # CAE200052687 $400.00 fbo plaintiff Isabella Palacio, et al by attorney Bruce Fagel on 5/22/2013. (Marciel, M)

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Search for this case: Palacio, et al v. United States of America
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Plaintiff: Micaela Palacio
Represented By: Bruce Gary Fagel
Represented By: Eduardo Jesus Ascencio
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Plaintiff: Isabella Palacio
Represented By: Bruce Gary Fagel
Represented By: Eduardo Jesus Ascencio
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Plaintiff: Facundo Palacio Diaz
Represented By: Bruce Gary Fagel
Represented By: Eduardo Jesus Ascencio
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Defendant: United States of America
Represented By: Victoria L. Boesch
Represented By: Chi Soo Kim, GOVT
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Defendant: Banner Health
Represented By: Thomas Joseph Doyle
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