Gonzalez v. United States of America
Plaintiff: Luz Gonzalez
Defendant: United States of America
Case Number: 3:2013cv00861
Filed: April 10, 2013
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Larry Alan Burns
Referring Judge: William V Gallo
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 2671 Federal Tort Claims Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 24, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2015 Opinion or Order Filing 42 ORDER OF DISMISSAL. The Joint MOTION to Dismiss #41 is granted and the action is dismissed with prejudice. The parties shall each bear their own costs and attorney's fees. Although the joint motion refers to the settlement agreement, the Court does not retain jurisdiction to interpret or enforce that agreement. Signed by Judge Larry Alan Burns on 2/20/15.(kas)
February 17, 2015 Filing 41 Joint MOTION to Dismiss With Prejudice by United States of America. (Attachments: #1 Proof of Service)(Poliakoff, Steven) (kas).
October 6, 2014 Filing 40 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Report and Recommendation is adopted and judgment is entered as set forth in the Report andRecommendation.(kas)
October 6, 2014 Opinion or Order Filing 39 ORDER ADOPTING REPORT AND RECOMMENDATION #38 . The Court does not retain jurisdiction to interpret or enforce the terms of the settlement agreement. The Clerk is directed to enter judgment as set forth in the R&R, to terminate the case, and to close the docket. Signed by Judge Larry Alan Burns on 10/3/14.(kas)
October 1, 2014 Filing 38 REPORT AND RECOMMENDATION Regarding Third Amended Petition Approving Settlement on Behalf of Luz Gonzalez, An Incapacitated Person. Signed by Magistrate Judge William V. Gallo on 10/1/14.(kas)
September 24, 2014 Opinion or Order Filing 37 Minute Order by Magistrate Judge William V. Gallo: On September 24, 2014, the parties filed a Third Amended Petition for Approval of Settlement with the United States of America Involving an Incapacitated Person #36 . The Court finds the parties' Petition suitable for decision without oral argument. CivLR 7.1(d)(1). Therefore, the Motion Hearing set for September 24, 2014, at 2:00 p.m., is hereby vacated. Signed by Magistrate Judge William V. Gallo on 9/24/2014 (Court Reporter/ECR N/A). (Plaintiff Attorney N/A).(Defendant Attorney N/A). (kas)
September 24, 2014 Filing 36 Third Amended MOTION For Approval of Settlement with the USA Involving An Incapacitated Person by Luz Gonzalez. (Attachments: #1 Report and Recommendations Regarding Third Amended Petition Approving Settlement on Behalf of Luz Gonzalez, an Incapacitated Person)(Fagel, Bruce) Modified on 9/24/2014 to edit text (kas).
September 23, 2014 Filing 35 SUPPLEMENTAL DOCUMENT by Luz Gonzalez re #34 MOTION Errata re Exhibits. (Fagel, Bruce) (kas).
September 17, 2014 Filing 34 Second Amended MOTION for Approval of Settlement with the U.S.A. Involving an Incapacitated Person re #31 Order by Luz Gonzalez (Attachments: #1 Order Approving Settlement)(Fagel, Bruce) Modified on 9/18/2014 to edit text (kas).
September 12, 2014 Filing 33 Proposed Order Approving Settlement on Behalf of Luz Gonzalez, An Incapacitated Person by Luz Gonzalez. (Fagel, Bruce) Modified on 9/15/2014 to edit text; qc mail sent re not filing proposed orders in cm/ecf (kas).
September 12, 2014 Filing 32 Amended MOTION for Approval of Settlement with the U.S.A. Involving an Incapacitated Person re #31 Order by Luz Gonzalez. (Fagel, Bruce) (kas).
August 19, 2014 Opinion or Order Filing 31 ORDER Resetting Hearing on Plaintiff's Motion for Approval of Minor's/Incompetent Person's Compromise. On 08/15/2014, the Court did not hold a Hearing on Plaintiffs Motion for Approval of Minors Compromise/Incompetent Persons Compromise. On or before 09/17/2014, Plaintiff shall submit an Amended Motion for Approval of Minors Compromise/Incompetent Persons Compromise. On 09/24/2014, at 2:00 p.m., the Court will hold a Hearing on Plaintiffs Amended Motion, before United States Magistrate Judge William V. Gallo, United States Courthouse, Courtroom 2A, Second Floor, 221 West Broadway, San Diego, California. Signed by Magistrate Judge William V. Gallo on 08/19/2014.(ag)
August 13, 2014 Filing 30 NOTICE by United States of America Regarding Status of Settlement (Attachments: #1 Proof of Service)(Poliakoff, Steven) (kas).
August 8, 2014 Filing 29 DECLARATION re #28 MOTION for Settlement Petition for Approval of Settlement with the USA Involving An Incompetent Person and Minor Children Declaration of Bruce G. Fagel re Fees by Plaintiff Luz Gonzalez. (Fagel, Bruce) (kas).
August 8, 2014 Filing 28 MOTION for Settlement Petition for Approval of Settlement with the USA Involving An Incompetent Person and Minor Children by Luz Gonzalez. (Fagel, Bruce) (kas).
August 4, 2014 Opinion or Order Filing 27 Minute Order for proceedings held before Magistrate Judge William V. Gallo: Settlement Disposition Conference held on 8/4/2014. On or before August 8, 2014, Plaintiff shall file a Motion for Approval of Minor's/Incompetent Person's Compromise. A hearing shall be held on Plaintiff's Motion for Approval of Minor's/Incompetent Person's Compromise on August 15, 2014 at 2:30 PM. Signed by Magistrate Judge William V. Gallo on 8/4/2014 (Court Reporter/ECR N/A). (Plaintiff Attorney Bruce Fagel).(Defendant Attorney Steven Poliakoff). (kas)
August 1, 2014 Opinion or Order Filing 26 Minute Order by Magistrate Judge William V. Gallo: Settlement Disposition Conference set for 8/4/2014 09:30 AM before Magistrate Judge William V. Gallo. The Settlement Conference set for 8/26/2014 at 09:00 AM is vacated. Signed by Magistrate Judge William V. Gallo on 8/01/2014 (Court Reporter/ECR N/A). (Plaintiff Attorney N/A).(Defendant Attorney N/A). (kas)
July 1, 2014 Opinion or Order Filing 25 Minute Order by Magistrate Judge William V. Gallo: granting #24 Joint Motion to Continue the July 30, 2014 Settlement Conference. Settlement Conference reset for 8/26/2014 09:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 7/1/2014 (Court Reporter/ECR N/A). (Plaintiff Attorney N/A).(Defendant Attorney N/A). (kas)
June 27, 2014 Filing 24 Joint MOTION to Continue July 30, 2014 Mandatory Settlement Conference by United States of America. (Attachments: #1 Proof of Service)(Poliakoff, Steven) (kas).
April 7, 2014 Opinion or Order Filing 23 ORDER regarding joint statement for determination of discovery dispute pertaining to deposition fees sought by Plaintff's designated expert Dr. Todd Lempert. Signed by Magistrate Judge William V. Gallo on 4/7/14.(kaj)
April 7, 2014 Opinion or Order Filing 22 Minute Order for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 4/7/2014. Court to issue Order. Settlement Conference reset for 7/30/2014 09:00 AM before Magistrate Judge William V. Gallo. On or before July 23, 2014, counsel shall submit settlement conference briefs to the chambers of Magistrate Judge Gallo. Signed by Magistrate Judge William V. Gallo on 4/7/2014 (kaj)
February 20, 2014 Opinion or Order Filing 21 Minute Order Magistrate Judge William V. Gallo: Settlement Conference is re-set for 5/13/2014 09:00 AM before Magistrate Judge William V. Gallo. On or before May 6, 2014, counsel shall submit settlement conference briefs to the chambers of Magistrate Judge Gallo. Signed by Magistrate Judge William V. Gallo on 2/20/2014 (Court Reporter/ECR N/A). (Plaintiff Attorney N/A).(Defendant Attorney N/A). (kaj)
January 28, 2014 Opinion or Order Filing 20 Minute ORDER: The date and time of the Settlement Conference on April 28, 2014 at 9:00 a.m. is vacated and reset for May 5, 2014 at 9:00 a.m. Signed by Magistrate Judge William V. Gallo on 1/28/2014.(cxl)
October 17, 2013 Opinion or Order Filing 19 ORDER granting Ex Parte MOTION to Stay. The Court orders that all of the time limits and deadlines specified in the ex parte applications on file in the cases are extended for a period of time equal to the duration of the lapse in appropriations to the Department of Justice. The specified hearings and conferences are vacated. Within five court days of the entry of this Order, the government attorneys shall contact the judges assigned to the cases in which hearing dates or conferences were vacated to reschedule them. Signed by Judge Barry Ted Moskowitz on 10/17/13 (Nunc Pro Tunc 10/16/2013) (kaj)
October 16, 2013 Filing 18 Minute Order. for proceedings held before Judge Barry Ted Moskowitz:Motion Hearing held on 10/16/2013 re #16 Ex Parte MOTION to Stay During Lapse In Department of Justice Appropriation filed by United States of America. granting #16 Motion to Stay. (Court Reporter Debbie OConnell). (Plaintiff Attorney Tom Stahl, AUSA S/A).(Defendant Attorney Not Appearing). (no document attached) (rfm)
October 15, 2013 Filing 17 NOTICE of Hearing on Motion #16 Ex Parte MOTION to Stay During Lapse In Department of Justice Appropriation : Motion Hearing set for 10/16/2013 02:30 PM in Courtroom 15B before Judge Larry Alan Burns. Any party without an objection to the motion need not attend this hearing.(no document attached) (rfm)
October 11, 2013 Filing 16 Ex Parte MOTION to Stay During Lapse In Department of Justice Appropriation by United States of America. (Attachments: #1 Proof of Service)(Poliakoff, Steven) (kaj).
October 2, 2013 Filing 15 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Case Management Conference held on 10/2/2013(no document attached) (jmy)
October 2, 2013 Opinion or Order Filing 14 SCHEDULING ORDER: A Case Management Conference was held on 10/2/2013. Mandatory Settlement Conference set for 4/28/2014 09:00 AM before Magistrate Judge William V. Gallo. Final Pretrial Conference set for 1/12/2015 12:00 PM before Judge Larry Alan Burns. Signed by Magistrate Judge William V. Gallo on 10/2/13.(kaj)
August 26, 2013 Opinion or Order Filing 13 Order Following ENE. Early Neutral Evaluation Conference held on 8/26/13. Case Management Conference set for 10/2/2013 08:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 8/26/13.(kaj)
August 26, 2013 Filing 12 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference held on 8/26/2013(no document attached) (jmy)
June 14, 2013 Opinion or Order Filing 11 Amended NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 8/26/2013 09:00 AM in Courtroom 2A before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 6/14/13.(kaj)
June 12, 2013 Opinion or Order Filing 10 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 8/5/2013 09:00 AM in Courtroom 2A before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 6/12/13.(kaj)
June 12, 2013 Filing 9 NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility re #8 Answer to Complaint filed by United States of America (kaj)
June 11, 2013 Filing 8 ANSWER to #1 Complaint by United States of America. (Attachments: #1 Proof of Service)(Poliakoff, Steven)(kaj).
April 19, 2013 Filing 7 SUMMONS Returned Executed by Luz Gonzalez. United States of America (U.S. Attorney's Office) served. (Fagel, Bruce) Modified on 4/22/2013 to edit text (kaj).
April 17, 2013 Filing 6 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #5 Summons Returned Executed as to USA filed by Luz Gonzalez (kaj)
April 17, 2013 Filing 5 SUMMONS Returned Executed by Luz Gonzalez. United States of America served. (kaj)
April 12, 2013 Filing 4 NOTICE by Luz Gonzalez Notice to Health Services re Pending Action (Fagel, Bruce) (kaj).
April 11, 2013 Filing 3 SUMMONS Returned Executed by Luz Gonzalez. United States of America served. (Fagel, Bruce) (kaj).
April 10, 2013 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dls) (av1).
April 10, 2013 Filing 1 COMPLAINT against United States of America (filing fee $350 receipt number 0974-5791500), filed by Luz Gonzalez. (Attachments: #1 Civil Case Cover Sheet).The new case number is 3:13-cv-861-LAB-WVG. Judge Larry Alan Burns and Magistrate Judge William V. Gallo are assigned to the case. (Fagel, Bruce)(dls) (av1).

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Plaintiff: Luz Gonzalez
Represented By: Bruce G. Fagel
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Defendant: United States of America
Represented By: Steven J Poliakoff
Represented By: U S Attorney CV
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