Mane, et al v. Tri City Healthcare, et al
| Angelina Morgan Mane, George Mane and Jana Larsen Mane |
| DOES 1 - 100, Inclusive, Rahele Mazarei, Mary Meyers, Tri-City Healthcare District, United States of America and Vista Community Clinic, . |
| 3:2005cv00397 |
| February 28, 2005 |
| US District Court for the Southern District of California |
| San Diego Office |
| MJ Bencivengo |
| William Q Hayes |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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Filing 76
ORDER Denying Motion for Expenses and Fees: Because the requested admissions at issue were "of no substantial importance," Fed. R. Civ. P. 37(c)(2)(B), and because Plaintiffs "had reasonable ground to believe that [they] might prevail on the matter," Fed. R. Civ. P. 37(c)(2)(C), the United States' Motion for Expenses and Fees ( #63 ) is DENIED. Signed by Judge William Q. Hayes on 3/21/07. (mdc) (bar, ).
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Filing 75
ORDER that Pacific Life and Annuity Company on page 4 of #64 Order, attached hereto, be filed and deemed to have been filed as if inserted on the original pleading. Signed by Judge William Q. Hayes on 01/03/07. (gac)
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| Filing 74 Minute Entry: No appearances made. No oral argument. #63 MOTION for Attorney Fees filed by United States of America - Submitted. Court to issue order. (llh, ) |
| Filing 73 REPLY to Response to Motion re #63 MOTION for Attorney Fees filed by United States of America. (Attachments: #1 Declaration Steven J. Poliakoff#2 Exhibit Exhibits 9-14 to Defendant's Reply Memorandum)(Poliakoff, Steven) |
| Filing 72 RESPONSE in Opposition re #63 MOTION for Attorney Fees filed by Angelina Morgan Mane, Jana Larsen Mane, George Mane. (gac) |
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Filing 71
ORDER for erratum and request to insert Pacific Life and Annuity Company in paragraph 11(B) of the order approving compromise of minor's claim. Signed by Judge William Q. Hayes on 09/29/06. (gac)
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Filing 70
Discrepancy Order by Judge William Q. Hayes rejecting document: Motion to Strike Costs from Plaintiff, non-compliance with local rule 7.1 ro 47.1. Signed by Judge William Q. Hayes on 09/20/06. (gac)
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Filing 69
ORDER re #62 Bill of Costs - Costs are taxed in the amount of $8,259.84(nsp)
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| Filing 68 Response to Plaintiffs Opposition re #62 Bill of Costs, filed by United States of America. (gac) |
| Motion Hearing re #63 MOTION for Attorney Fees is set for 10-30-06 at 11:00 A.M. before Judge Hayes Courtroom 4. (NO ORAL ARGUMENT) (llh, ) |
| Filing 65 NOTICE - The Bill of Cost hearing set for 9/12/06 at 9:00 am is continued to 9/20/06 at 9:00 am, pursuant to the agreement of both parties. Any opposition to this Bill of Cost is to be filed by close of business 9/18/06. (nsp) |
| Filing 67 Objection to Bill of Cost by Plaintiffs re #62 Bill of Costs (gac) |
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Filing 64
ORDER approving creation of the 2006 Angelina Morgan Mane special needs trust. Signed by Judge William Q. Hayes on 09/07/06.(gac)
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| Filing 63 MOTION for Attorney Fees and Award of Expenses in approving request for admissions established at summary judgment by United States of America. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Attornye Fees and Award of Expenses)(gac) Modified on 12/7/2006 (gac, ). |
| Filing 62 BILL OF COSTS submitted by Defendant United States of America in the amount of $ 8289.84. Hearing set for 09/12/06 at 9:00am. (gac) |
| Filing 61 Declaration and Report of Doreen Casuto, RN regarding special needs costs of Anelina Morgan Mane by Guardian Ad Litem Marjan Alexander Mane (nunc pro tunc 08/30/06) (gac) Modified on 08/31/2006 |
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Filing 60
DISCREPANCY ORDER by Judge William Q. Hayes accepting document: Declaration and Report from Guardian Ad Litem Marjan Alexander Mane , non-compliance with local rule 7.1 or 47.1 and No proof of service, document is to be filed nunc pro tunc to the date received (gac)
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| Filing 59 Declaration of atty in support of plaintiff Angelina Morgan Mane re request for atty's fees: NUNC PRO TUNC 8/7/06 (bar) |
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Filing 58
DISCREPANCY ORDER by Judge William Q. Hayes accepting document: declaration of atty in support of request from plaintiff Angelina Morgan Mane , non-compliance with local rule document that declaration is supporting is not on file, document is to be filed nunc pro tunc to the date received (bar)
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Filing 57
Order by Judge William Q. Hayes dismissing complaint in its entirety with prejudice terminating case (gac)
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| Filing 56 Stipulation and request for dismissal. (gac) |
| Filing 55 Clerks Judgment: Motion for Summary Judgment granted; terminating case (gac) Modified on 08/23/2006 |
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Filing 54
Order by Judge William Q. Hayes granting stipulation [53-1]; Plaintiff's complaint is dismissed in its entirety with prejudice as to Dft Tri City Healthcare District. (gac)
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| Filing 53 Stipulation and request for dismissal (gac) |
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Filing 52
Order approving compromise of minor's claim by Judge William Q. Hayes; the settlement with dft Rahele Mazarei, D.O., in the amount of $1,000,000 is approved; the settlement with dft Tri City Healthcare District, in the amount of $2,800,000 is approved; the entire settlement of $1,000,000 with dft Rahele Mazarei, D.O. shall be allocated entirely to pla, Angelina Morgan Mane, a minor; the settlement with Tri City Healthcare District shall be apportioned in the following percentages and amounts: i) 90.8% in the amount of $2,450,000 to Angelina Morgan Mane, a Minor, ii) 6.6% in the amount of $250,000 to pla Jana Larsen Mane, iii) 2.6% in the amount of $100,000 to pla George Mane; the court authorized and directs that litigation costs be allocated against the settlement of Angelina Morgan Mane, a Minor, in the amount of $98,203.59; the court authorizes and directs payment of atty fees in the amount of $563,186.12 to the law firm of Kenneth M. Sigelman & Associates; the court authorizes the law firm of Kenneth M. Sigelman & Associates to withhold the sum of $75,000 from the settlement funds allocated to Angelina Morgan Mane, a Minor, for additional litigation costs and directs the attys to account to this Court for these funds at the time of settlement or after judgment on the Claim of the Minor; Pending the court's approval of the 2006 Angelina Morgan Mane Special Needs Trust or as may otherwise be ordered by the court, the Court orders that the settlement funds distributable to the Minor, Angelina Morgan Mane, be distributed to and held in the client trust account of petitioner's counsel, Kenneth M. Sigelman (kaj) Modified with order dated 09/29/06 (gac).
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Filing 51
Order by Judge William Q. Hayes granting motion for summary judgment [37-1] (gac)
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Filing 50
Minutes: Enter Order by Judge William Q. Hayes that the motion for summary judgment [37-1] is submitted; Court to issue order; Court Reporter/ECR: Mauralee Ramirez (gac)
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| Filing 49 Ex Parte Petition by Guardian Ad Litem Marjan Alexander Mane, to approve compromise of minor's claim (gac) |
| Filing 48 Petition, by Guardian Ad Litem, for creation of the 2006 Angelina Morgan Mane special needs trust ; [ motion(s) referred to Judge William Q. Hayes ]; motion hrg set for 08/28/06 at 11:00am (gac) |
| Filing 47 Affidavit of Kenneth M Sigelman (av1) |
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Filing 46
Order by Judge William Q. Hayes re motion for summary judgment [37-1] motion hearing rescheduled for 2:30 7/21/06 Judge William Q. Hayes; Mandatory Settlement Conf vacated; Pretrial conf vacated ; The parties are ordered to contact Magistrate Judge Bencivengo's chambers for the purpose of rescheduling the expert witness depositions and other dates as appropriate. (gac)
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| Filing 45 Response by USA to request to cont hrg of motion for sum jgm (cag) |
| Filing 44 Reply by USA to opposition to motion for summary judgment [37-1] (cag) |
| Filing 43 Request by plaintiff Angelina Morgan Mane, plaintiff Jana Larsen Mane, plaintiff George Mane for: Continuance of Hearing Motion for Summary Judgment; t/w affidavit of Penelope A Phillips (gac) |
| Filing 42 Opposition by plaintiff to motion for summary judgment [37-1] (gac) |
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Filing 40
Order by Magistrate Judge Cathy A. Bencivengo status conf held 2:00 5/19/06; Discovery cut-off date extended to 7/21/06; Mand Settlement Conf continued to 2:00 7/21/06 before Mag Judge Cathy Ann Bencivengo (mam)
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Filing 41
Stipulation and Order re good faith settlement by Judge William Q. Hayes as to Rahele Mazarei in the amt of $1,000,000.00; terminating party Rahele Mazarei (cag)
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Filing 39
Minutes: Enter Order by Magistrate Judge Cathy A. Bencivengo telephonic conf to be held on 2:00 5/19/06 before Mag Judge Cathy Ann Bencivengo (gac)
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| Filing 38 Memorandum by defendant USA in support of motion for summary judgment [37-1] (gac) |
| Filing 37 Notice of Motion and Motion by defendant USA for summary judgment , [motion(s) referred to Judge William Q. Hayes ]; Motion hrg set for 06/26/06 at 11:00am (gac) |
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Filing 36
Order Modifying Court's April 21, 2005 Order Regulating Discovery by Magistrate Judge Cathy A. Bencivengo: Mand Settlement Conf set for 10:00 6/7/06 before Mag Judge Cathy Ann Bencivengo ; final Pretrial Conf set for 3:00 8/28/06 before William Q. Hayes ; if case is tried to the Court, Memo of cont of facts/law fld by 8/9/06; Proposed final p/t conf ord by 8/21/06 (ok per ct) (dkt clerk)
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| Filing 35 Joint stipulation to modify the court's April 21, 2005 Order Regulating Discovery and Order Thereon (dkt clerk) |
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Filing 34
Joint Stipulation and Order by Magistrate Judge Cathy A. Bencivengo: It is ordered that the cutoff date for the completion of select percipient witnesses as stated in this order is extended to 3/31/06. (dkt clerk)
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Filing 33
Minutes: Enter Order by Magistrate Judge Cathy A. Bencivengo: Having granted the parties' stipulated request for scheduling changes, Mand Settlement Conf set for 2/22/06 is vacated ; Court Reporter: N/A (dkt clerk) Modified on 02/16/2006
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| Filing 32 JOINDER in dft Tri City Healthcare District's motion to compel by defendant USA (nunc pro tunc to 1/24/06) (dkt clerk) |
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Filing 31
DISCREPANCY ORDER by Magistrate Judge Ruben B. Brooks accepting document: joinder in motion to compel from defendant USA, discrepancy: documents are not timely, the document is to be filed nunc pro tunc to the date received (dkt clerk)
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Filing 30
Order of Transfer by Magistrate Judge Ruben B. Brooks: Case referred to Magistrate Judge Cathy A. Bencivengo ; Settlement Conf set for 8:30 2/22/06 before Mag Judge Cathy Ann Bencivengo (dkt clerk)
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Filing 29
Order by Magistrate Judge Ruben B. Brooks granting dft Tri City Healthcare District's motion to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [19-1] (dkt clerk) Modified on 01/26/2006
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Filing 28
Order by Judge William Q. Hayes granting stipulation [27-1] Pretrial conf set for 3:00 8/28/06 before Judge William Q. Hayes (bar)
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| Filing 27 Joint Stipulation to continue pretrial conf (bar) |
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Filing 26
Order by Magistrate Judge Ruben B. Brooks: Motion to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [19-1] is vacated and reset for 1/24/06 at 2:00 p.m. before Mag Judge Ruben Brooks (rec'd in docketing 1/25/06) (dkt clerk)
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| Filing 25 Reply by defendant Tri City Healthcare to plaintiffs' opposition to Tri City Healthcare motion to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [19-1] (dkt clerk) |
| Filing 24 Opposition by plaintiff to dft Tri City Healthcare District's motion to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [19-1] (dkt clerk) |
| Filing 23 Certificate of compliance with LR 26.1 in support of motion to compel IME filed on 12/19/05 by defendant Tri City Healthcare (dkt clerk) |
| Filing 22 Declaration of Craig T. Mann by defendant Tri City Healthcare in support of notice of motion and motion to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [19-1] t/w exhs (dkt clerk) |
| Filing 21 Declaration of Linda D. Olzack by defendant Tri City Healthcare in support of motion to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [19-1] (dkt clerk) |
| Filing 20 Memorandum of points and authorities by defendant Tri City Healthcare in support of motion to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [19-1] (dkt clerk) |
| Filing 19 Notice of Motion and Motion by defendant Tri City Healthcare to compel plaintiff Angelina Morgan Mane to appear for an independent medical examination pursuant to FRCP 35(a) [motion(s) referred to Magistrate Judge Ruben B. Brooks] motion hrg set for 1/23/06 at 10:00 a.m. (dkt clerk) |
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Filing 18
Order by Magistrate Judge Ruben B. Brooks: at the request of the parties, the Settlement conf is vacated and reset for 8:30 2/22/06 before Mag Judge Ruben Brooks . Dft Tri City Medical Center's Ex Parte Application to excuse the appearance of the Hospital's Representative, Daniel Groszkruger, at the 10/12/05 settlement conf is denied as moot. (dkt clerk)
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Filing 17
Order by Magistrate Judge Ruben B. Brooks; Settlement conf on September 29,2005 is vacated and reset for 8:30 10/12/05 before Mag Judge Ruben Brooks dkt clerk)
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Filing 16
Request to substitute guardian ad litem of minor and Order thereon by Magistrate Judge Ruben B. Brooks; terminating party Zsuzsi Bumgarner and appointing Marjan Alexander Mane as guardian ad litem (cag)
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Filing 15
Order by Magistrate Judge Ruben B. Brooks Settlement conf reset for 2:00 9/29/05 before Mag Judge Ruben Brooks (bar)
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| Filing 14 Notice by defendant Rahele Mazarei of change of firm name. (dkt clerk) |
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Filing 13
Scheduling Order by Magistrate Judge Ruben B. Brooks ; A case management conference was held on April 20, 2005 ; Settlement Conf will be held 8:30 9/28/05 before Mag Judge Ruben Brooks ; A Final Pretrial conf shall be held 3:00 4/21/06 before Judge William Q. Hayes ; Memo of cont of facts/law fld by 04/06/06 ; Proposed final p/t conf ord by 04/14/06 dkt clerk) Modified on 04/26/2005
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Filing 12
Order by Magistrate Judge Ruben B. Brooks ; On April 20, 2005 the Court held an Early Neutral Evaluation Conference ; A further Settlement Conference shall be held on September 28, 2005 at 8:30 before the Mag Judge Ruben B. Brooks dkt clerk)
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Filing 11
Order by Magistrate Judge Ruben B. Brooks E.N.E. Conference and Case Management Conf were held 8:30 4/20/05; Settlement conf set for 8:30 9/28/05 before Mag Judge Ruben Brooks (r1r)
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Filing 10
Ex Parte Application and Order by Magistrate Judge Ruben B. Brooks to continue the Early Neutral Evaluation Conference, t/w Declaration of Kenneth M. Sigelman; E.N.E. Conference continued to 8:30 4/20/05 before Mag Judge Ruben Brooks dkt clerk)
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Filing 9
Order by Magistrate Judge Ruben B. Brooks ; E.N.E. Conference vacated and reset to 8:30 4/20/05 Mag Judge Brooks dkt clerk)
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Filing 8
Order by Magistrate Judge Ruben B. Brooks for Early Neutral Evaluation Conference; E.N.E. Conference will be held 8:30 3/30/05 before Mag Judge Ruben Brooks dkt clerk)
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| Filing 7 Demand for jury trial by defendant Rahele Mazarei dkt clerk) |
| Filing 6 Demand for jury trial by defendant Tri City Healthcare ; (atty maintenance) dkt clerk) Modified on 03/08/2005 |
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Filing 5
Order by Judge William Q. Hayes substituting the United States of America as dft in place of Vista Community Clinic and Mary Meyers MD terminating party Mary Meyers, party Vista Community (mam)
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| Filing 4 Notice of Lodgement of Pleadings Filed in State Court Prior to Removal (gep) |
| Filing 3 Certificate of Scope of Employment (gep) |
| Filing 2 Notice of Substitution of the USA as Defendant in place of Vista Community Clinic and Mary Meyers, M.D. (gep) |
| Filing 1 Notice of Removal from Superior Court of CA, San Diego County t/w copies of complaint and answers; Court Case Number: GIN 040416 ( to Magistrate Judge Ruben B. Brooks ) Receipt No/Amt of Fee: waived (gep) |
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