Palacio, et al v. United States of America
Plaintiff: Micaela Palacio, Isabella Palacio and Facundo Palacio Diaz
Defendant: United States of America
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
Presiding Judge: John A. Mendez
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:2671 Federal Tort Claims Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
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)
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)
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 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)
November 16, 2015 Opinion or Order 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 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)
October 29, 2015 Opinion or Order 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 OR DERED 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 brief ing 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)
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 28, 2015 Opinion or Order Filing 126 STIPULATION and ORDER re damages signed by Judge John A. Mendez on 9/28/15. (Kaminski, H)
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)
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)
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)
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)
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)
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)
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 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. Henceforth, caption on subsequent documents filed in case shall be shown as 2:13-CV-2013 JAM CKD and Clerk directed to make appropriate adjustment to compensate for reassignment. (Marciel, M)
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Plaintiff: Micaela Palacio
Represented By: Bruce Gary Fagel
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Plaintiff: Isabella Palacio
Represented By: Bruce Gary Fagel
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Plaintiff: Facundo Palacio Diaz
Represented By: Bruce Gary Fagel
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Defendant: United States of America
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