Diehl, et al v. Balboa Naval Medical, et al
| Mackenzie Diehl |
| Balboa Naval Medical Center - San Diego, United States Navy, Scott McClellan, DOES 1 to 100 and United States of America |
| 3:2004cv00488 |
| March 9, 2004 |
| US District Court for the Southern District of California |
| San Diego Office |
| Anthony J MJ Battaglia |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1402 Medical Malpractice |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2006. A more recent docket listing may be available from PACER.
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Filing 53
Stipulation for compromise settlement and release of federal tort claims act claims and Order by Magistrate Judge Anthony J. Battaglia : It is stipulated and agreed between the parties and their attys of record, that this action be settled; Dft will pay the sum of $750,000; sum of $450,000.00 shall be paid to Dawn Diehl Guardian ad Litem of Mackenzie Diehl, a minor and Gregory A. Patton; sum of $300,000.00 shall be paid by dft to fund an annuity contract that will provide future periodic pmts payable to the Mackenzie Diehl special needs trust (axr) Modified on 08/29/2006
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Filing 52
Order by Judge Anthony J. Battaglia approving minor's compromise and establishing special needs trust and for payment of attorneys' fees and costs. (mam)
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Filing 51
Minutes: Enter Order by Judge Anthony J. Battaglia granting motion for minor's compromise [47-1], Court to prepare order. Tape# AJB06-1: 218-1326 (mam)
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| Filing 50 Supplement to petition for minor's compromise by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl (NUNC PRO TUNC 7/28/06) (axr) |
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Filing 49
DISCREPANCY ORDER by Magistrate Judge Anthony J. Battaglia accepting document: supplement to petition from plaintiff Mackenzie Diehl , non-compliance with local rule supplemental documents require court order, document is to be filed nunc pro tunc to the date received (axr)
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Filing 48
Order by Judge Anthony J. Battaglia; on 7/20/06 Court convened a Settlement Status Conf. Court will excuse Dawn Diehl from personally appearing at the 8/3/06 hrg and allows her to appear telephonically. (mam)
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| Filing 47 (FILED AS PETITION) Notice of Motion and Motion by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl for minor's compromise [motion(s) referred to Magistrate Judge Anthony J. Battaglia] (axr) Modified on 07/24/2006 |
| Filing 46 Petition for minor's compromise by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl (axr) |
| Filing 45 CONSENT/ORDER of reference; this case may proceed before Magistrate Judge Anthony J. Battaglia with consent of parties for all further proceedings in this case, including the trial and order for the entry of judgment (axr) |
| Filing 44 Non-opposition by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl to motion to bifurcate trial on the issues of liability and damages [34-1] (kaj) |
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Filing 43
Order by Judge Napoleon A. Jones Jr.; Pretrial conf cont to 10:30 7/17/06 before Judge Napoleon A. Jones Jr. (cag)
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| Filing 42 Declaration of Holly H. McGregor by plaintiff Mackenzie Diehl (axr) |
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Filing 41
Order re oral argument by Judge Napoleon A. Jones Jr. that the motion to bifurcate trial on the issues of liability and damages [34-1] is submitted; no appearances are required on 4/3/06 (kaj)
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Filing 40
Order by Judge Napoleon A. Jones Jr. re motion to bifurcate trial on the issues of liability and damages [34-1]: motion hearing cont to 10:30 4/3/06 before Judge Napoleon A. Jones Jr.; no appearances are required on 3/27/06 (kaj)
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| Filing 39 Notice of Settlement by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl (kaj) |
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Filing 38
Order modifying dates for pre-trial procedures by Judge Napoleon A. Jones Jr.; due to a scheduling conflict, the Pretrial conf is cont to 10:30 4/10/06 before Judge Napoleon A. Jones Jr. ; proposed final pretrial conf order due 4/3/06 (kaj)
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Filing 37
Order by Magistrate Judge Anthony J. Battaglia; settlement conf held 1/11/06; case did not settle; all dates before Judge Jones are confirmed (kaj)
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Filing 36
Minutes: Enter Order by Magistrate Judge Anthony J. Battaglia; Settlement conference convened 1:30 1/11/06 ; Order will follow; Court Reporter: N/A (kaj)
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| Filing 35 Memorandum of points and authorities by defendant USA in support of motion to bifurcate trial on the issues of liability and damages [34-1] (kaj) |
| Filing 34 Notice of Motion and Motion by defendant USA to bifurcate trial on the issues of liability and damages ; [motion(s) referred to Judge Napoleon A. Jones Jr.]; motion hrg set for 3/27/06 at 10:30am (kaj) |
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Filing 33
Order by Magistrate Judge Anthony J. Battaglia; Case Management Conference held 3:30 11/3/05; Settlement conf set for 1:30 1/11/06 before Mag Judge Anthony Battaglia; Pretrial conf set for 10:30 3/27/06 before Judge Napoleon A. Jones Jr. ; proposed final pretrial conf order due 3/20/06 (kaj)
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Filing 32
Order by Magistrate Judge Anthony J. Battaglia; Mandatory Settlement Conf held 2:00 10/27/0; Case Management conf set for 3:30 11/3/05 before Mag Judge Anthony Battaglia (kaj)
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Filing 31
Stipulation and Order by Magistrate Judge Anthony J. Battaglia; Mand Settlement Conf reset for 2:00 10/27/05 before Mag Judge Anthony Battaglia ; pla has until 10/13/05 to file a settlement conf brief and dft has until 10/20/05 to file a settlement conf brief (kaj)
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| Filing 30 Settlement Brief Filed by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl (kaj) |
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Filing 29
Order by Magistrate Judge Anthony J. Battaglia; upon request of counsel for pla, with the agreement of opposing counsel and for good cause being shown, the Mand Settlement Conf is cont to 10:00 10/21/05 before Mag Judge Anthony Battaglia (kaj)
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Filing 28
Stipulation and Order extending discovery dates by Magistrate Judge Anthony J. Battaglia (kaj)
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Filing 27
Stipulation and Order extending discovery dates by Magistrate Judge Anthony J. Battaglia; Mand Settlement Conf reset for 10:00 10/13/05 before Mag Judge Anthony Battaglia (kaj)
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Filing 26
Stipulation and Order to extend discovery deadlines by Magistrate Judge Anthony J. Battaglia; fact discovery is extended to 8/31/05, the parties have until 6/17/05 to disclose the identity of their respective experts, the parties have until 7/1/05 to disclose the identity of rebuttal experts, the parties have until 8/5/05 to comply with the disclosure provisions in Fed.R.Civ.P. 26(a)(2)(B) (kaj)
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Filing 25
Amended Scheduling Order by Magistrate Judge Anthony J. Battaglia; due to clerical error, paragraph 5 of the Scheduling Order filed 1/19/05 is amended; all other dates and deadlines remain as set in the original Scheduling Order (kaj)
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Filing 24
Scheduling Order by Magistrate Judge Anthony J. Battaglia; case management conf held 1/19/05 ; Mand settlement conf set for 1:30 9/12/05 before Mag Judge Anthony Battaglia ; Pretrial conf set for 10:30 1/30/06 before Judge Napoleon A. Jones Jr. ; Proposed final p/t conf ord by 1/23/06 (kaj)
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Filing 23
Order by Magistrate Judge Anthony J. Battaglia; Case Management Conference held 9:00 1/19/05 ; scheduling order to be issued separately; for purposes of the Mandatory Settlement Conf set for September 2005, pla and the guardian ad litem may appear telephonically (kaj)
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Filing 22
Order by Magistrate Judge Anthony J. Battaglia; E.N.E. Conference held 1:30 11/5/04; telephonic Case Management conf set for 9:00 1/19/05 before Mag Judge Anthony Battaglia (kaj)
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Filing 21
Order by Magistrate Judge Anthony J. Battaglia; pursuant to a written request by counsel for pla, E.N.E. Conference cont to 1:30 11/5/04 before Mag Judge Anthony Battaglia and pla's client representatives are excused from personal appearance at the E.N.E. Conf (kaj) Modified on 10/06/2004
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Filing 20
Order by Magistrate Judge Anthony J. Battaglia: ENE Conf continued to 10/21/04 10:00 before Mag Judge Anthony Battaglia (lmh)
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Filing 19
Stipulation requesting continuance of date set for ENE Conf and Order thereon by Magistrate Judge Anthony J. Battaglia: E.N.E. Conference is continued to 10:00 10/21/04 before Mag Judge Anthony Battaglia (lmh)
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Filing 18
Order by Magistrate Judge Anthony J. Battaglia; E.N.E. Conference set for 10:00 10/13/04 before Mag Judge Anthony Battaglia (kaj)
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| Filing 17 Second Amended complaint [10-1]; terminating party Scott McClellan, party United States Navy, party Balboa Naval Medical (kaj) |
| Filing 16 Answer to First Amended Complaint by defendant USA (kaj) |
| Filing 15 Return of Service of summons on first amended complaint and first amended complaint executed upon defendant USA on 7/7/04 by serving Mary Wiggins, Civil Process Clerk, person authorized to accept (kaj) |
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Filing 14
Stipulation and Order by Judge Napoleon A. Jones Jr. withdrawing defendants' motion to dismiss the complaint [8-1] and motion to strike jury demand [8-2], and extending the time for dfts to answer the second amended complaint; Answer due 8/27/04 for USA, for Scott McClellan, for United States Navy, for Balboa Naval Medical (kaj)
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Filing 13
Order by Judge Napoleon A. Jones Jr. Ct finds that the motion to dismiss the complaint [8-1] and motion strike jury demand [8-2] suitable for determination on the papers submitted and w/o oral argument, no appearances required on 7/6/04. (dkt clerk)
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| Filing 12 Opposition by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl to motion to dismiss the complaint [8-1], motion to strike jury demand [8-2] (dkt clerk) |
| Filing 11 First Amended Complaint Summons issued as to defendant Balboa Naval Medical, defendant United States Navy, defendant Scott McClellan, defendant DOES, defendant USA (dkt clerk) Modified on 06/15/2004 |
| Filing 10 First Amended complaint [1-1]; adding USA (dkt clerk) |
| Filing 9 Memorandum of points and authorities by defendant Balboa Naval Medical, defendant United States Navy, defendant Scott McClellan in support of motion to dismiss the complaint [8-1], in support of motion to strike jury demand [8-2] (dkt clerk) |
| Filing 8 Notice of Motion and Motion by defendant Balboa Naval Medical, defendant United States Navy, defendant Scott McClellan to dismiss the complaint , to strike jury demand [ motion(s) referred to Judge Napoleon A. Jones Jr. , motion hrg set for 7/6/04 at 10:30 am (dkt clerk) |
| Filing 7 Return of Service of summons and complaint executed upon defendant Balboa Naval Medical on 4/7/04 by personal svc (dkt clerk) |
| Filing 6 Return of Service of summons and complaint executed upon defendant United States Navy on 4/7/04 by personal svc (dkt clerk) |
| Filing 5 Return of Service of summons and complaint executed upon defendant Scott McClellan on 4/7/04 by personal svc (dkt clerk) |
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Filing 4
Petition and Order by Judge Napoleon A. Jones Jr. for appointment of Guardian Ad Liten, Dawn Diehl (dkt clerk)
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| Filing 3 Demand for jury trial by plaintiff Mackenzie Diehl, Guardian Ad Litem Dawn Diehl (dkt clerk) |
| Filing 2 Summons issued (dkt clerk) |
| Filing 1 Complaint Filed; (referred to Magistrate Judge Anthony J. Battaglia ) Receipt No/Amt of Fee: 101754,$150.00 t/w jury demand (dkt clerk) |
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