Leon v. United States of America
| Jesus Leon |
| United States of America |
| 2:2019cv00264 |
| February 11, 2019 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| John A Mendez |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 2674 Federal Tort Claims Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 50 CASE CLOSED (text only entry): pursuant to #49 Stipulation. (Benson, A.) |
| Filing 49 STIPULATION to DISMISS with Prejudice by United States of America. (Davidson, Rachel) |
| Filing 48 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 7/13/2022: At the request of parties, the deadline to file dispositional documents is EXTENDED to 8/3/2022. (Text Only Entry) (Waldrop, A) |
| Filing 47 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 5/3/2022: In discussions with the Court, the parties indicated this case has settled, therefore all pending dates including the Settlement Conference set for 5/4/2022 at 1:30 PM are VACATED. Dispositional documents to be filed within 60 days. (Text Only Entry) (Waldrop, A) |
| Filing 46 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 2/10/2022 GRANTING the parties' Stipulation and Proposed Order (ECF No. #45 ). The Settlement Conference is RESET to 5/4/2022 at 1:30 PM before Judge Newman. The parties are reminded to have a principal with full settlement authority present for the settlement conference or to be fully authorized to settle the matter on any terms. The individual with full settlement authority to settle must also have unfettered discretion and authority to change the settlement position of the party, if appropriate. The purpose behind requiring attendance of a person with full settlement authority is that the parties view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to exchange non-confidential settlement conference statements seven days prior to the settlement conference. These statements shall be simultaneously delivered to the Court using the following email address: kjnorders@caed.uscourts.gov. These statements should not be filed on the case docket. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). The Settlement Conference will take place by remote means (Zoom). The parties will receive instructions closer to the hearing date on how to appear for the Settlement Conference. (TEXT ONLY ENTRY) (Waldrop, A) |
| Filing 45 STIPULATION and PROPOSED ORDER for Continuance of Case Settlement Conference by Jesus Leon. Attorney Stone, Allison added. (Stone, Allison) |
| Filing 44 JOINT MID-LITIGATION STATEMENT by United States of America. (Davidson, Rachel) Modified on 4/14/2022 (Kastilahn, A). |
| Filing 43 NOTICE OF SUBMISSION OF NON-CONFIDENTIAL SETTLEMENT STATEMENT by United States of America (Davidson, Rachel) Modified on 4/12/2022 (Kastilahn, A). |
| Filing 42 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 2/10/2022: On the Court's own motion, the Settlement Conference is RESET to 4/18/2022 at 9:00 AM before Judge Newman. The parties are reminded to have a principal with full settlement authority present for the settlement conference or to be fully authorized to settle the matter on any terms. The individual with full settlement authority to settle must also have unfettered discretion and authority to change the settlement position of the party, if appropriate. The purpose behind requiring attendance of a person with full settlement authority is that the parties view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to exchange non-confidential settlement conference statements seven days prior to the settlement conference. These statements shall be simultaneously delivered to the Court using the following email address: kjnorders@caed.uscourts.gov. These statements should not be filed on the case docket. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). The Settlement Conference will take place by remote means (Zoom). The parties will receive instructions closer to the hearing date on how to appear for the Settlement Conference. (TEXT ONLY ENTRY)(Waldrop, A) |
| Filing 41 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 1/19/2022: Pursuant to the Order setting Settlement Conference on 4/13/2022 at 9:00 AM before Judge Newman (ECF No. #40 ), the parties are instructed to have a principal with full settlement authority present for the settlement conference or to be fully authorized to settle the matter on any terms. The individual with full settlement authority to settle must also have unfettered discretion and authority to change the settlement position of the party, if appropriate. The purpose behind requiring attendance of a person with full settlement authority is that the parties view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to exchange non-confidential settlement conference statements seven days prior to the settlement conference. These statements shall be simultaneously delivered to the Court using the following email address: kjnorders@caed.uscourts.gov. These statements should not be filed on the case docket. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). The Settlement Conference will take place by remote means (Zoom). The parties will receive instructions closer to the hearing date on how to appear for the Settlement Conference. (TEXT ONLY ENTRY)(Waldrop, A) |
Filing 40
ORDER signed by District Judge John A. Mendez on 1/18/22 SETTING a Settlement Conference for 4/13/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kastilahn, A)
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| Filing 39 STIPULATION and PROPOSED ORDER for Settlement Conference before Honorable Kendall J. Newman by United States of America. (Attachments: #1 Proposed Order)(Davidson, Rachel) |
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Filing 38
AMENDED STIPULATION and ORDER signed by District Judge John A. Mendez on 9/30/21 EXTENDING CASE SCHEDULE as follows: Plaintiff's Designation of Expert Witnesses due by 10/14/2021. Defendants Designation of Expert Witnesses due by 11/19/2021. Rebuttal Expert Disclosures due by 11/30/21. Discovery due by 4/29/2022. Dispositive Motions filed by 6/10/2022. Dispositive Motion Hearing 7/26/22 at 1:30 PM. Pretrial Conference set for 9/9/2022 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Trial set for 10/24/2022 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kaminski, H)
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| Filing 37 AMENDED STIPULATION and PROPOSED ORDER to Extend Case Schedule re: experts by Jesus Leon. (DeArmas, Lourdes) Modified on 10/1/2021 (Benson, A.). |
| Filing 36 [DISREGARD; noncompliant] STIPULATION and PROPOSED ORDER to modify pretrial scheduling by Jesus Leon. (DeArmas, Lourdes) Modified on 9/29/2021 (Michel, G.). |
| Filing 35 MINUTE ORDER: On June 25, 2021, Plaintiff's counsel filed a Motion to Withdraw as Co-Counsel. See ECF No. #34 . Defendant did not respond to Plaintiff's motion. Accordingly, the Court GRANTS Plaintiff's #34 Motion to Withdraw as Co-Counsel. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 34 MOTION to WITHDRAW as Co-Counsel by Jesus Leon. Motion Hearing set for 7/27/2021 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (DeArmas, Lourdes) |
| Filing 33 NOTICE of WITHDRAWAL of #32 Motion to Compel, filed by United States of America. (Davidson, Rachel) Modified on 4/12/2021 (Tupolo, A). |
| Filing 32 MOTION to COMPEL Further/Supplemental Responses to United States' Interrogatories to Plaintiff by United States of America. Motion Hearing SET for 4/23/2021 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Davidson, Rachel) Modified on 3/23/2021 (Mena-Sanchez, L). |
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Filing 31
STIPULATION and ORDER signed by District Judge John A. Mendez on 1/8/2021 EXTENDING CASE SCHEDULE as follows: Plaintiff's Expert Disclosures deadline 9/24/2021. Defendant's Expert Disclosures deadline 10/25/2021. Supplemental Expert Disclosures deadline 11/15/2021. Discovery Cut-off date 2/25/2022. Dispositive Motions filing deadline 3/25/2022. Dispositive Motion Hearing 5/17/2022 at 01:30 PM. The Final Pretrial Conference is SET for 7/8/2022 at 11:00 a.m. Trial is SET for 8/22/2022 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Mena-Sanchez, L)
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| Filing 30 STIPULATION for Extension of Schedule by United States of America. (Attachments: #1 Proposed Order)(Davidson, Rachel) Modified on 1/11/2021 (Coll, A). |
| Filing 29 STIPULATION and PROPOSED ORDER for Extending Schedule by United States of America. (Attachments: #1 Proposed Order)(Davidson, Rachel) |
| Filing 28 WITHDRAWAL of #27 Motion to Compel filed by United States of America. (Davidson, Rachel) |
| Filing 27 RENEWED MOTION to COMPEL by United States of America. Motion Hearing set for 10/2/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Davidson, Rachel) Modified on 9/2/2020 (Zignago, K.). |
| Filing 26 TRANSCRIPT of U.S. Motion to Compel held on 07/17/2020, before Magistrate Judge Deborah Barnes, filed by Court Reporter Tiphanne Crowe, Phone number 916-743-0122 E-mail Tcrowe.CSR@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 9/4/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/12/2020. (Crowe, T) |
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Filing 25
ORDER signed by Magistrate Judge Deborah Barnes on 7/20/2020 DENYING defendant's 6/2/2020 motion to compel (ECF No. #19 ) without prejudice to renewal.(Becknal, R)
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| Filing 24 TRANSCRIPT REQUEST by United States of America for proceedings held on 7/17/2020 before Judge D. Barnes. Court Reporter Tiphanne Crowe. (Davidson, Rachel) |
| Filing 23 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Deborah Barnes: MOTION HEARING held on 7/17/2020 re #19 Motion to Compel filed by United States of America. Lourdes DeArmas appeared by zoom on behalf of plaintiff. Rachel Davidson appeared by zoom on behalf of defendant. Parties consented to zoom appearance for today's hearing. Court addressed parties as to motion to compel and meet and confer process. Ms. DeArmas addressed the court as stated on the record. Ms. Davidson addressed the court and represented to the court as to a proposal by plaintiff as to medical records as stated on the record. After hearing of arguments, for reasons stated on the record, dft's motion to compel denied without prejudice. Court to issue written order. Plaintiffs Counsel Lourdes DeArmas, Zoom. Defendants Counsel Rachel Davidson, Zoom. Court Reporter/CD Number: Tiphanne Crowe. (Buzo, P) |
| Filing 22 JOINT STATEMENT of Discovery Dispute by Defendant United States of America re #19 Motion to Compel. (Attachments: #1 Exhibit 14 to Plaintiff's Statement, #2 Declaration of Rachel R. Davidson, #3 Exhibit 1-12 to Davidson Declarationn)(Davidson, Rachel) Modified on 7/14/2020 (Kastilahn, A). |
| Filing 21 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Davidson, Rachel) |
| Filing 20 NOTICE of ADDITION of LEAD COUNSEL by Jesus Leon. Attorney DeArmas, Lourdes added. (DeArmas, Lourdes) Modified on 7/1/2020 (York, M). |
| Filing 19 MOTION to COMPEL by United States of America. Motion Hearing set for 7/17/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Davidson, Rachel) |
| Filing 18 DESIGNATION of COUNSEL FOR SERVICE., attorney Arsen Sarapinian terminated (French, Taylor) |
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Filing 17
STATUS PRETRIAL SCHEDULING ORDER signed by District Judge John A. Mendez on 2/6/2020: Plaintiff's Disclosure of Expert Witnesses due by 2/12/2021; Defendant's disclosures due by 3/12/2021; Supplemental disclosure and disclosure of any rebuttal experts due 4/9/2021; Discovery due by 7/16/2021; All Dispositive Motions filed by 8/17/2021; Hearing on such motions on 9/14/2021 at 1:30 PM; Final Pretrial Conference set for 10/22/2021 at 11:00 AM; Trial set for 12/6/2021 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Objections due within 7 days of the filing of this Order. (Becknal, R)
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| Filing 16 JOINT STATUS REPORT by United States of America. (Davidson, Rachel) |
| Filing 15 ANSWER by United States of America re: #14 Second Amended Complaint. (Davidson, Rachel) |
| Filing 14 SECOND AMENDED COMPLAINT by Jesus Leon. re #7 First Amended Complaint. (Jessup, Jeremy) Modified on 1/8/2020 (Reader, L). |
| Filing 13 MINUTE ORDER: On January 3, 2020, Plaintiff filed an Opposition to Defendants Motion to Dismiss, ECF 11, in which he requested leave to file a Second Amended Complaint to omit his claim for negligent training, supervision and monitoring of an employee. In its Reply, ECF No. 12, Defendant requests that the Court grant Plaintiffs leave. Plaintiffs request for leave to file a Second Amended Complaint is therefore GRANTED. Plaintiff shall file his Second Amended Complaint within ten (10) days of this Order. Defendants responsive pleading shall be filed within twenty (20) days thereafter. Further, Defendants Motion to Dismiss, ECF No. 9, is hereby moot since it is directed solely at the claim being omitted. IT IS SO ORDERED. The January 14, 2020 hearing on this motion is vacated. (TEXT ENTRY ONLY)(Vine, H) |
| Filing 12 REPLY by United States of America re #11 Opposition to Motion. (Davidson, Rachel) |
| Filing 11 OPPOSITION by Jesus Leon to #9 Motion to Dismiss/Lack of Jurisdiction,. (Jessup, Jeremy) |
| Filing 10 [DISREGARD - Attorney admitted to practice to refile] OPPOSITION by Jesus Leon to #9 Motion to Dismiss. Attorney French, Taylor Kelina Gallardo added. Motion Hearing set for 1/14/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (French, Taylor) Modified on 1/3/2020 (Zignago, K.). |
| Filing 9 MOTION to DISMISS for LACK of JURISDICTION by United States of America. Motion Hearing set for 1/14/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Points and Authorities)(Davidson, Rachel) Modified on 11/27/2019 (Becknal, R). |
| Filing 8 MINUTE ORDER: On October 15, 2019, Defendant filed a Motion to Dismiss. ECF No. 6. Plaintiff amended his complaint on November 1, 2019. ECF No. 7; see also Fed. R. Civ. P. 15(a)(1)(B). Accordingly, Defendants Motion to Dismiss is DENIED AS MOOT. The November 19, 2019 hearing on the motion is VACATED. Defendants responsive pleading to the amended complaint is due within twenty (20) days of the date of this order. IT IS SO ORDERED. (TEXT ENTRY ONLY)(Vine, H) |
| Filing 7 FIRST AMENDED COMPLAINT against United States of America by Jesus Leon. (Jessup, Jeremy) Modified on 11/4/2019 (York, M). |
| Filing 6 MOTION to DISMISS for LACK of JURISDICTION by United States of America. Attorney Davidson, Rachel R. added. Motion Hearing set for 11/19/2019 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Points and Authorities)(Davidson, Rachel) |
| Filing 5 SUMMONS RETURNED EXECUTED by Jesus Leon. United States of America served on 8/15/2019. (Attachments: #1 Proof of Service)(Jessup, Jeremy) Modified on 8/29/2019 (Huang, H). |
| Filing 4 SUMMONS RETURNED EXECUTED by Jesus Leon. United States of America served on 5/2/2019, answer due 7/1/2019. (Jessup, Jeremy) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED: (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (York, M) |
| Filing 2 SUMMONS ISSUED as to *United States of America* with answer to complaint due within *60* days. Attorney *Jeremy Michael Jessup* *Dolan Law Firm PC* *1438 Market Street* *San Francisco, CA 94102*. (York, M) |
| Filing 1 COMPLAINT against United States of America by Jesus Leon. Attorney Jessup, Jeremy Michael added. (Filing fee $400, receipt number 0972-8105955) (Attachments: #1 Civil Cover Sheet)(Jessup, Jeremy) |
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