Hixon v. Madsen et al
Plaintiff: Ethel Hixson
Defendant: USA, Mary Shy, Karen Chase, Kent Madsen, Hilton C. Ray, Thomas J. Fitzgerald, Neurometrix, Inc., Physical Therapy Plus of Lamar, Inc. and Hilton C. Ray, M.D., P.C.
Case Number: 1:2009cv00495
Filed: March 6, 2009
Court: US District Court for the District of Colorado
Office: Personal Inj. Med. Malpractice Office
County: Prowers
Presiding Judge: Michael E Hegarty
Referring Judge: Marcia S Krieger
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 2671 Federal Tort Claims Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 11, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2009 Opinion or Order Filing 151 ORDER DISMISSING CLAIMS WITH PREJUDICE. The #147 Stipulated Motion to Dismiss With Prejudice relating to Defendants Ken Madsen, R.P.T. and Physical Therapy Plus of Lamar, Inc. is GRANTED. Any and all claims asserted against Defendants Ken Madsen, R.P.T. and Physical Therapy Plus of Lamar, Inc. are dismissed, with prejudice. The #148 Stipulated Motion to Dismiss with Prejudice relating to Hilton C. Ray, M.D. and Hilton C. Ray, M.D., P.C. is GRANTED. Any and all claims asserted against Defendants Hilton C. Ray, M.D. and Hilton C. Ray, M.D., P.C. are hereby dismissed, with prejudice. As this resolves the Plaintiffs claims against all defendants remaining in this case, the Clerk of Court is directed to close the case, by Judge Marcia S. Krieger on 12/11/2009.(wjc, )
December 11, 2009 Filing 150 Docket Annotation re: #147 Stipulated MOTION to Dismiss Party. Modified on 12/11/2009 to change event into a Motion to Dismiss Party. Text only entry - no document attached. (wjc, )
December 8, 2009 Filing 149 Docket Annotation re: #148 Stipulated MOTION to Dismiss Party Hilton C. Ray, M.D. and Hilton C. Ray, M.D., P.C. With Prejudice. Modified on 12/8/2009 to add filer. Text only entry - no document attached. (wjc, )
December 7, 2009 Filing 148 Stipulated MOTION to Dismiss Party Hilton C. Ray, M.D. and Hilton C. Ray, M.D., P.C. With Prejudice by Defendants Hilton C. Ray, Hilton C. Ray, M.D., P.C. (Attachments: #1 Proposed Order (PDF Only))(Stinnett, Mark) Modified on 12/8/2009 to add filer (wjc, ).
December 7, 2009 Filing 147 STIPULATION of Dismissal of Party KENT MADSEN RPT and PHYSICAL THERAPY PLUS OF LAMAR INC by Defendants Physical Therapy Plus of Lamar, Inc., Kent Madsen. (Event changed to a Motion to Dismiss Party.) (Attachments: #1 Proposed Order (PDF Only))(Gelman, David) Modified on 12/11/2009 to change event into a motion (wjc, ).
November 2, 2009 Opinion or Order Filing 146 MINUTE ORDER granting #141 the Unopposed Motion for Extension of Time to Submit Motion to Dismiss Following Settlement. The remaining Defendants shall submit dismissal papers by 12/7/2009. By Magistrate Judge Michael E. Hegarty on 11/2/2009. (mehcd)
November 2, 2009 Filing 145 Docket Annotation re: #141 Unopposed MOTION for Extension of Time to Submit Motion to Dismiss Following Settlement. Modified on 11/2/2009 to add filer. Text only entry - no document attached. (wjc, )
November 2, 2009 Opinion or Order Filing 144 ORDER DISMISSING CLAIMS AGAINST DEFENDANT KAREN CHASE, M.D., WITH PREJUDICE. The #142 Stipulated Motion to Dismiss With Prejudice is GRANTED. Any and all claims asserted against Defendant Karen Chase, M.D., are hereby dismissed, with prejudice, each party to pay his, her or its own costs and attorneys fees herein expended. The caption shall be amended to omit Defendant Karen Chase, M.D., by Judge Marcia S. Krieger on 11/02/2009.(wjc, )
November 2, 2009 Filing 143 MEMORANDUM regarding #141 Unopposed MOTION for Extension of Time to Submit Motion to Dismiss Following Settlement filed by Hilton C. Ray.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 11/2/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
October 30, 2009 Filing 142 Stipulated MOTION to Dismiss with Prejudice by Plaintiff Ethel Hixson, Defendant Karen Chase. (Craigmile, Christine)
October 30, 2009 Filing 141 Unopposed MOTION for Extension of Time to Submit Motion to Dismiss Following Settlement by Defendants Hilton C. Ray, Hilton C. Ray, M.D., P.C. (Stinnett, Mark) Modified on 11/2/2009 to add filer (wjc, ).
October 15, 2009 Opinion or Order Filing 140 ORDER OF DISMISSAL WITH PREJUDICE. The Plaintiff's #139 Unopposed Motion to Dismiss the United States With Prejudice is GRANTED and any and all claims against Defendant United States of America are hereby dismissed, with prejudice, each party to pay his, her or its own costs and attorneys fees herein expended. The caption of all future pleadings shall omit this party, by Judge Marcia S. Krieger on 10/15/2009.(wjc, )
October 15, 2009 Filing 139 MOTION to Dismiss the United States with Prejudice by Plaintiff Ethel Hixson. (Attachments: #1 Proposed Order (PDF Only))(Brown, Natalie)
October 13, 2009 Opinion or Order Filing 138 ORDER granting #137 Stipulated Motion to Dismiss with Prejudice. Any and all claims against defendant Thomas J. Fitzgerald, M.D. are dismissed with prejudice, each party to pay their own costs and attorney fees, by Judge Marcia S. Krieger on 10/13/09.(gmssl, )
October 13, 2009 Filing 137 Stipulated MOTION to Dismiss with Prejudice by Defendant Thomas J. Fitzgerald. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Ennis, Molly)
October 2, 2009 Filing 136 REPLY to Response to #108 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Defendant Karen Chase. (Attachments: #1 Exhibit E, Part 1 - Dr. Chase's Discovery Responses with attachments, #2 Exhibit E, Part 2, Dr. Chase's Discovery Responses with attachments)(Rackham, Troy)
September 18, 2009 Filing 135 Exhibit I in Support of #128 Response to Motion, by Defendant USA. (Public entry for Document #129 filed 9/18/09) Text only entry - no document attached) (gmssl, )
September 18, 2009 Opinion or Order Filing 134 MINUTE ORDER denying as moot #120 Plaintiff's Motion to Quash Defendant USA's Subpoenas and Motion for Sanctions. By Magistrate Judge Michael E. Hegarty on 9/18/2009. (mehcd)
September 18, 2009 Filing 133 Minute Entry (Public entry for #132 SEALED DOCUMENT filed 09/18/2009). TEXT ONLY ENTRY- NO DOCUMENT ATTACHED. (sah, )
September 18, 2009 Filing 132 SEALED DOCUMENT. (sah, )
September 18, 2009 Filing 131 Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Continued Settlement Negotiations held on 9/18/2009. Set Deadline for settling parties: Stipulated Motion to Dismiss due by 10/30/2009. (mehcd)
September 18, 2009 Filing 130 SUPPLEMENT/AMENDMENT to #128 Response to Motion, to include unpublished cases by Defendant USA. (Fox, Terry)
September 18, 2009 Filing 129 SEALED DOCUMENT by Defendant USA. (Attachments: #1 Exhibit I Part 2a, #2 Exhibit I Part 2b, #3 Exhibit I Part 3, #4 Exhibit I Part 4, #5 Exhibit J)(Fox, Terry)
September 18, 2009 Filing 128 RESPONSE to #120 MOTION to Quash Defendant United States of America's Subpoenas MOTION for Sanctions filed by Defendant USA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F Part I, #7 Exhibit F Part II, #8 Exhibit G, #9 Exhibit H)(Fox, Terry)
September 17, 2009 Filing 127 RESPONSE to #108 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Plaintiff Ethel Hixson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brown, Natalie)
September 17, 2009 Opinion or Order Filing 126 MINUTE ORDER A Telephonic Status Conference regarding settlement is set for 9/18/2009 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. The parties shall conference together and then call Chambers at (303)844-4507 at the designated time. By Magistrate Judge Michael E. Hegarty on 9/17/2009. (mehcd)
September 16, 2009 Opinion or Order Filing 125 MINUTE ORDER granting #122 Defendant Karen Chase, M.D.'s Motion for Withdrawal of Counsel. Attorney Michael Bernard Gagnon is terminated. By Magistrate Judge Michael E. Hegarty on 9/16/2009. (mehcd)
September 15, 2009 Filing 124 MEMORANDUM regarding #122 MOTION to Withdraw of Counsel MOTION to Withdraw as Attorney filed by Karen Chase.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 9/15/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
September 15, 2009 Filing 123 Docket Annotation re: #122 MOTION to Withdraw of Counsel MOTION to Withdraw as Attorney. Modified on 9/15/2009 to edit text to clarify title of document. Text only entry - no document attached. (wjc, )
September 14, 2009 Filing 122 MOTION to Withdraw of Counsel by Defendant Karen Chase. (Lockwood, Jared) Modified on 9/15/2009 to edit text to clarify title of document(wjc, ).
September 11, 2009 Filing 121 MEMORANDUM regarding #120 MOTION to Quash Defendant United States of America's Subpoenas MOTION for Sanctions filed by Ethel Hixson.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 9/11/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
September 11, 2009 Filing 120 MOTION to Quash Defendant United States of America's Subpoenas, MOTION for Sanctions by Plaintiff Ethel Hixson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brown, Natalie)
September 10, 2009 Opinion or Order Filing 119 MINUTE ORDER: The conference tentatively scheduled for 09/14/2009 is hereby vacated, by Magistrate Judge Michael E. Hegarty on 09/10/09. (wjc, )
September 9, 2009 Filing 118 Docket Annotation re: #117 Notice (Other). Counsel to refile document requesting relief using correct event. Text only entry - no document attached. (wjc, )
September 8, 2009 Filing 117 NOTICE of Substitution of Counsel by Defendant Karen Chase (Craigmile, Christine)
September 8, 2009 Filing 116 NOTICE of Firm Name Change by Defendant Karen Chase (Craigmile, Christine)
September 2, 2009 Opinion or Order Filing 115 ORDER granting #114 Second Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Lack of Subject Matter Jurisdiction. Extension granted up to and including September 17, 2009. As the Courts Practice Standards advise, by seeking additional time to brief this matter, the parties consume time in briefing that the Court has set aside for consideration of the motion. Thus, extensions of established briefing scheduling may result in the Court being unable to determine the matter prior to the Final Pretrial Conference. See MSK Practice Standards (Civil), II.G. Judge Marcia S. Krieger on 9/2/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (msksec, )
September 2, 2009 Filing 114 Second MOTION for Extension of Time to File Response/Reply as to #108 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Plaintiff Ethel Hixson. (Brown, Natalie)
August 19, 2009 Filing 113 Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 8/13/2009. The case has not settled. (mehcd)
August 19, 2009 Opinion or Order Filing 112 ORDER AMENDING 111 Order on Motion for Extension of Time to File Response/Reply. Extension granted to September 3, 2009. Judge Marcia S. Krieger on 8/19/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
August 18, 2009 Opinion or Order Filing 111 ORDER granting #110 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss to 9/1/2009. Judge Marcia S. Krieger on 8/18/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (msksec, )
August 17, 2009 Filing 110 Unopposed MOTION for Extension of Time to File Response/Reply as to #108 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Plaintiff Ethel Hixson. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Brown, Natalie)
July 31, 2009 Filing 108 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Defendant Karen Chase. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Craigmile, Christine)
July 30, 2009 Filing 109 Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 7/30/2009. Document 98 taken under advisement. FTR Reporter - B. Abiakam. (babia)
July 30, 2009 Opinion or Order Filing 107 ORDER granting #98 Defendant United States' Motion for Clarification of the Scope of the Court's #98 07/07/2009 Order. The Court holds its 07/08/2009 order imposes no restriction upon Defendant United States right to communicate with government employees, including Dr. Javaid, by Magistrate Judge Michael E. Hegarty on 07/30/09.(wjc, )
July 29, 2009 Filing 106 REPLY to Response to #98 MOTION to Clarify re #95 Order on Motion for Protective Order, filed by Defendant USA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fox, Terry) Modified on 7/30/2009 to delete duplicate text (wjc, ).
July 29, 2009 Opinion or Order Filing 105 MINUTE ORDER Settlement Conference set for 8/13/2009 08:00 AM before Magistrate Judge Michael E. Hegarty. Confidential Settlement Statements due five (5) days prior to the conference. By Magistrate Judge Michael E. Hegarty on 7/29/09. (mehcd)
July 24, 2009 Opinion or Order Filing 104 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 7/24/2009. (mehcd)
July 22, 2009 Filing 103 Docket Annotation re: #100 Minute Order. Modified on 7/22/2009 to edit text for type of hearing. Text only entry - no document attached. (wjc, )
July 22, 2009 Filing 101 RESPONSE to #98 MOTION to Clarify re #95 Order on Motion for Protective Order,, filed by Plaintiff Ethel Hixon. (Brown, Natalie)
July 21, 2009 Filing 102 Utility Setting/Resetting Deadlines/Hearings: Telephonic Motion Hearing set for 7/30/2009 at 09:30 AM before Magistrate Judge Michael E. Hegarty pursuant to Minute Order dated 07/21/2009. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, )
July 21, 2009 Opinion or Order Filing 100 MINUTE ORDER re: #98 MOTION to Clarify re #95 Order on Motion for Protective Order filed by USA. Telephonic Motion Hearing set for 7/30/2009 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. The parties shall conference together and call Chambers at (303)844-4507 at the designated time, by Magistrate Judge Michael E. Hegarty on 7/21/2009. (mehcd) Modified on 7/22/2009 to edit text for type of hearing (wjc, ).
July 16, 2009 Opinion or Order Filing 99 MEMORANDUM regarding #98 MOTION to Clarify re #95 Order on Motion for Protective Order,, filed by USA.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 7/16/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
July 15, 2009 Filing 98 MOTION to Clarify re #95 Order on Motion for Protective Order,, by Defendant USA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fox, Terry) Modified on 7/27/2009 to reactivate motion as it was termed in error (wjc, ).
July 10, 2009 Opinion or Order Filing 97 MINUTE ORDER granting Plaintiff's #88 Unopposed Motion to Seal Exhibit 1. The Clerk of Court is directed to maintain under seal the document located at Docket #86-2, identified as Exhibit 1, by Magistrate Judge Michael E. Hegarty on 07/10/09.(wjc, )
July 9, 2009 Opinion or Order Filing 96 MINUTE ORDER The hearing set for 7/21/2009 is VACATED, by Magistrate Judge Michael E. Hegarty on 7/9/2009. (mehcd)
July 8, 2009 Opinion or Order Filing 95 ORDER granting in part and denying in part #49 Plaintiff's Motion for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevant Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians. The parties shall draft a proposed protective order consistent with the terms of this Order and file the proposed protective order with the Court on or before 07/22/2009. The Court declines to compel signed releases from Plaintiff. The Court prohibits Defendants from meeting ex parte with Plaintiffs treating physicians, by Magistrate Judge Michael E. Hegarty on 07/08/09.(wjc, )
July 8, 2009 Filing 94 Docket Annotation re: #86 Reply to Response to Motion. This docket entry was modified on 7/6/2009 to indicate that Exhibit #1 was sealed pursuant to the memorandum of 07/06/2009. Text only entry - no document attached. (wjc, )
July 7, 2009 Opinion or Order Filing 93 SCHEDULING ORDER: Discovery due by 1/29/2010, by Magistrate Judge Michael E. Hegarty on 07/07/09. (wjc, )
July 7, 2009 Filing 92 MEMORANDUM regarding #88 Unopposed MOTION to Seal Exhibit 1 filed by Ethel Hixon.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 7/7/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
July 7, 2009 Filing 91 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 7/15/2010 at 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Judge Marcia S. Krieger on 7/7/09. (msksec, )
July 7, 2009 Opinion or Order Filing 90 MINUTE ORDER denying without prejudice #45 Plaintiff's Motion for Expedited Case Handling with leave to refile in the event those discussions and the settlement conference do not prove fruitful, by Magistrate Judge Michael E. Hegarty on 07/07/09.(wjc, )
July 7, 2009 Filing 89 NOTICE to File Redacted Exhibit 1 by Plaintiff Ethel Hixon (Attachments: #1 Exhibit 1)(Brown, Natalie)
July 7, 2009 Filing 88 Unopposed MOTION to Seal Exhibit 1 by Plaintiff Ethel Hixon. (Brown, Natalie)
July 6, 2009 Filing 87 MEMORANDUM by Deputy Clerk pursuant to instructions of chambers. Exhibit #1 of #86 Reply to Response to Motion for Protective Order was sealed. Counsel informed to file a motion to seal. (wjc, )
July 6, 2009 Filing 86 REPLY to Response to #49 MOTION for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevent Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians filed by Plaintiff Ethel Hixon. (Attachments: #1 Exhibit 1)(Brown, Natalie) Modified on 7/6/2009 to seal Exhibit #1 pursuant to the memorandum of 07/06/2009 (wjc, ).
July 6, 2009 Filing 85 REPLY to Response to #45 MOTION to Expedite Case Handling filed by Plaintiff Ethel Hixon. (Brown, Natalie)
July 6, 2009 Filing 84 AMENDED COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Amended to reflect correct year: Dispositive Motions due by 3/15/2010.). (Court Reporter FTR - C. Coomes) (mehcd)
July 6, 2009 Filing 83 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 7/6/2009. Dispositive Motions due by 3/15/2009. Settlement Conference set for 9/14/2009 08:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Confidential Settlement Statements due by 9/8/2009. (Court Reporter FTR - C. Coomes) (mehcd)
July 2, 2009 Filing 82 AMENDED #73 Proposed Scheduling Order by Plaintiff Ethel Hixon. (Brown, Natalie)
June 30, 2009 Opinion or Order Filing 81 MINUTE ORDER denying as moot #74 Defendant's Motion for Joinder in Defendant United States' Response to Plaintiff's Motion for Protective Order. The Court accepts Defendant Karen Chase, M.D.s motion as a statement of joinder in Defendant United States Response to Plaintiffs Motion for Protective Order, by Magistrate Judge Michael E. Hegarty on 06/30/09.(wjc, )
June 30, 2009 Opinion or Order Filing 80 MINUTE ORDER Setting Hearing on Motion #45 Plaintiff's MOTION for Expedited Case Handling, #49 Plaintiff's MOTION for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevent Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians: Motion Hearing set for 7/21/2009 at 10:15 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 06/30/09. (wjc, )
June 29, 2009 Filing 79 JOINDER re #54 Response to Motion, for Protective Order by Defendant Thomas J. Fitzgerald. (Ennis, Molly)
June 29, 2009 Filing 78 Docket Annotation re: #65 MOTION for Joinder re #54 Response to Motion, Defendant United States' Response to Plaintiff's Motion for Protective Order. Modified on 6/29/2009 to add text. Text only entry - no document attached. (wjc, )
June 29, 2009 Opinion or Order Filing 77 MEMORANDUM regarding #74 MOTION for Joinder re #54 Response to Motion, for Protective Order filed by Karen Chase.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/29/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 29, 2009 Filing 76 Docket Annotation re: #70 Response to Motion. Modified on 6/29/2009 to add filer. Text only entry - no document attached. (wjc, )
June 29, 2009 Filing 75 Docket Annotation re: #68 MOTION for Joinder in UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFF'S MOTION FOR EXPEDITED CASE HANDLING. Modified on 6/29/2009 to edit text to clarify title of document. Text only entry - no document attached. (wjc, )
June 26, 2009 Filing 74 MOTION for Joinder re #54 Response to Motion, for Protective Order by Defendant Karen Chase. (Lockwood, Jared)
June 26, 2009 Filing 73 Proposed Scheduling Order by Plaintiff Ethel Hixon. (Brown, Natalie)
June 25, 2009 Filing 72 MEMORANDUM regarding #68 MOTION for Joinder in UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFF'S MOTION FOR EXPEDITED CASE HANDLING filed by Physical Therapy Plus of Lamar, Inc., Kent Madsen.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/25/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 24, 2009 Opinion or Order Filing 71 MINUTE ORDER striking Defendant, Karen Chase, M.D.'s #65 Motion for Joinder in Defendant United States' #54 Response to Plaintiff's Motion for Protective Order for failure to comply with D.C. Colo. LCIVR 7.1A, by Magistrate Judge Michael E. Hegarty on 06/24/09.(wjc, ) Modified on 6/24/2009 to edit linkage placement in text (wjc, ).
June 24, 2009 Filing 70 RESPONSE to #49 MOTION for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevent Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians filed by Defendants Hilton C. Ray, Hilton C. Ray, M.D., P.C. (Stinnett, Mark) Modified on 6/29/2009 to add filer (wjc, ).
June 24, 2009 Filing 69 RESPONSE to #49 MOTION for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevent Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians filed by Defendants Physical Therapy Plus of Lamar, Inc., Kent Madsen. (Gelman, David)
June 24, 2009 Filing 68 Joinder in UNITED STATES OF AMERICA'S #53 RESPONSE TO PLAINTIFF'S #45 MOTION FOR EXPEDITED CASE HANDLING by Defendants Physical Therapy Plus of Lamar, Inc., Kent Madsen. (Gelman, David) Modified on 6/26/2009 to add linkage (wjc, ). Modified on 6/29/2009 to edit text to clarify title of document (wjc, ).
June 24, 2009 Opinion or Order Filing 67 MEMORANDUM regarding #65 MOTION for Joinder re #54 Response to Motion, Defendant United States' Response to Plaintiff's Motion for Protective Order filed by Karen Chase.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/24/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 24, 2009 Filing 66 Docket Annotation re: #60 MOTION for Joinder re #53 Response to Motion, for Expedited Case Handling. Modified on 6/24/2009 to edit text to clarify title of document. Text only entry - no document attached. (wjc, )
June 24, 2009 Filing 65 STRICKEN - MOTION for Joinder re #54 Response to Motion, Defendant United States' Response to Plaintiff's Motion for Protective Order by Defendant Karen Chase. (Lockwood, Jared) Modified on 6/24/2009 to add text Stricken pursuant to Minute Order dated 06/24/09 (wjc, ). Modified on 6/29/2009 to add text (wjc, ).
June 24, 2009 Filing 64 RESPONSE to #45 MOTION to Expedite Case Handling filed by Defendant Karen Chase. (Lockwood, Jared)
June 23, 2009 Filing 63 MEMORANDUM regarding #60 MOTION for Joinder re #53 Response to Motion, for Expedited Case Handling filed by Thomas J. Fitzgerald.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/23/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 23, 2009 Filing 62 MEMORANDUM regarding #45 MOTION to Expedite Case Handling filed by Ethel Hixon.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/23/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 23, 2009 Opinion or Order Filing 61 MINUTE ORDER granting #55 Unopposed Motion to File Exhibits F and G under Seal. The Clerk of the Court is directed to maintain under seal the documents located at Docket #56 by Magistrate Judge Michael E. Hegarty on 06/23/09.(wjc, )
June 23, 2009 Filing 60 Joinder re #53 Response to Motion, for Expedited Case Handling by Defendant Thomas J. Fitzgerald. (Ennis, Molly) Modified on 6/24/2009 to edit text to clarify title of document (wjc, ).
June 22, 2009 Filing 59 NOTICE of Change of Address by Molly Anne Walsh Ennis (Ennis, Molly)
June 22, 2009 Filing 57 MEMORANDUM regarding #55 Unopposed MOTION to Seal to file exhibits F & G under seal filed by USA.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/22/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 19, 2009 Filing 58 Exhibits in Support of #54 Response to Motion by Defendant USA. (Public entry for Sealed Document #56 filed 06/19/2009). Text only entry - no document attached. (wjc, )
June 19, 2009 Filing 56 SEALED DOCUMENT by Defendant USA. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Fox, Terry)
June 19, 2009 Filing 55 Unopposed MOTION to Seal to file exhibits F & G under seal by Defendant USA. (Attachments: #1 Exhibit A1 with Attachment 1, #2 Proposed Order (PDF Only))(Fox, Terry)
June 19, 2009 Filing 54 RESPONSE to #49 MOTION for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevent Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians filed by Defendant USA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Fox, Terry)
June 19, 2009 Filing 53 RESPONSE to #45 MOTION to Expedite Case Handling filed by Defendant USA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Fox, Terry)
June 12, 2009 Opinion or Order Filing 52 MINUTE ORDER granting #43 The United States' Motion to Substitute Party. The United States is hereby substituted for Defendant Mary Shy, F.N.P, and the High Plains Community Health Center. The Court directs the Clerk of Court to remove Mary Shy, F.N.P, and the High Plains Community Health Center from the case caption, by Magistrate Judge Michael E. Hegarty on 06/12/09.(wjc, )
June 12, 2009 Filing 51 RESPONSE to #43 MOTION to Substitute Party filed by Plaintiff Ethel Hixon. (Brown, Natalie)
June 5, 2009 Opinion or Order Filing 50 MEMORANDUM regarding #49 MOTION for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevent Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians filed by Ethel Hixon.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/5/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 5, 2009 Filing 49 MOTION for Protective Order to Preclude Defendants from Disclosing Medical Records Containing Reference to Unrelated, Irrelevent Medical Conditions and from Meeting Ex Parte with Plaintiff's Treating Physicians by Plaintiff Ethel Hixon. (Attachments: #1 Exhibit 1)(Brown, Natalie)
June 3, 2009 Opinion or Order Filing 48 MINUTE ORDER granting #46 Motion for Withdrawal of Christopher Dugan. Attorney Christopher R. Dugan terminated, by Magistrate Judge Michael E. Hegarty on 06/03/09.(wjc, )
June 3, 2009 Filing 47 MEMORANDUM regarding #46 MOTION to Withdraw as Attorney filed by Physical Therapy Plus of Lamar, Inc., Kent Madsen.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/3/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
June 3, 2009 Filing 46 MOTION to Withdraw as Attorney by Defendants Physical Therapy Plus of Lamar, Inc., Kent Madsen. (Dugan, Christopher)
June 1, 2009 Filing 45 MOTION to Expedite Case Handling by Plaintiff Ethel Hixon. (Brown, Natalie)
June 1, 2009 Filing 44 MEMORANDUM regarding #43 MOTION to Substitute Party filed by Mary Shy, USA.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 6/1/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
May 29, 2009 Filing 43 MOTION to Substitute Party by Defendants USA, Mary Shy. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit A, #3 Exhibit B)(Fox, Terry)
May 28, 2009 Filing 42 NOTICE of Entry of Appearance and Substitution of Counsel by Jared Chad Lockwood on behalf of Karen Chase (Lockwood, Jared)
May 26, 2009 Filing 41 NOTICE of Entry of Appearance by Marixa A. Frias on behalf of Physical Therapy Plus of Lamar, Inc., Kent Madsen (Frias, Marixa)
May 22, 2009 Filing 40 ANSWER to #1 Complaint, by Karen Chase.(Craigmile, Christine)
May 13, 2009 Filing 39 ANSWER to #1 Complaint, by USA.(Fox, Terry)
May 13, 2009 Filing 38 NOTICE of Voluntary Dismissal of Party Defendant Neurometrix, Inc. by Plaintiff Ethel Hixon (Attachments: #1 Proposed Order (PDF Only))(Brown, Natalie)
May 5, 2009 Opinion or Order Filing 37 MINUTE ORDER denying as duplicative #34 Defendant Karen Chase, M.D.'s Amended Motion for Extension of Time to File a Responsive Pleading, by Magistrate Judge Michael E. Hegarty on 05/05/09.(wjc, )
May 4, 2009 Filing 36 MEMORANDUM regarding #34 Amended MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Karen Chase.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 5/4/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
May 4, 2009 Opinion or Order Filing 35 MINUTE ORDER granting #32 Defendant Karen Chase, M.D.'s Motion for Extension of Time to File a Responsive Pleading. Karen Chase answer due 6/1/2009, by Magistrate Judge Michael E. Hegarty on 05/04/09.(wjc, )
May 4, 2009 Filing 34 Amended MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Karen Chase. (Attachments: #1 Proposed Order (PDF Only))(Gagnon, Michael)
May 4, 2009 Filing 33 MEMORANDUM regarding #32 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Karen Chase.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 5/4/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
May 1, 2009 Filing 32 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Karen Chase. (Attachments: #1 Proposed Order (PDF Only))(Gagnon, Michael)
May 1, 2009 Filing 31 NOTICE of Entry of Appearance by Michael Bernard Gagnon on behalf of Karen Chase (Gagnon, Michael)
May 1, 2009 Filing 30 NOTICE of Entry of Appearance by Christine Anne Craigmile on behalf of Karen Chase (Craigmile, Christine)
April 24, 2009 Filing 29 CORPORATE DISCLOSURE STATEMENT by Defendant Physical Therapy Plus of Lamar, Inc... (Dugan, Christopher)
April 24, 2009 Filing 28 ANSWER to #1 Complaint, DEFENSES AND JURY DEMAND by Physical Therapy Plus of Lamar, Inc., Kent Madsen.(Dugan, Christopher)
April 16, 2009 Opinion or Order Filing 27 MINUTE ORDER granting #25 Unopposed Motion for Extension of Time for Defendant Neurometrix, Inc. to Answer or Otherwise Respond to the Complaint. Defendant NeuroMetrix, Inc., answer due 5/22/2009, by Magistrate Judge Michael E. Hegarty on 09-495.(wjc, )
April 16, 2009 Filing 26 MEMORANDUM regarding #25 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond filed by Neurometrix, Inc..Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 4/16/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
April 16, 2009 Filing 25 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond #1 by Defendant Neurometrix, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Birnbach, Deborah) Modified on 4/20/2009 to add linkage (wjc, ).
April 13, 2009 Opinion or Order Filing 24 MINUTE ORDER granting #21 Plaintiff's Unopposed Motion for Extension of Time to File Scheduling Order and Motion to Vacate Scheduling Conference. Scheduling Conference set for 5/12/09 is vacated and rescheduled to 7/6/2009 at 09:45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 04/13/09.(wjc, )
April 9, 2009 Opinion or Order Filing 23 MEMORANDUM regarding #21 Unopposed MOTION For Extension of Time to File Scheduling Order and Motion to Vacate Scheduling Conference filed by Ethel Hixon.Motion is referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 4/9/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
April 9, 2009 Filing 22 NOTICE of Entry of Appearance of DezaRae D. LaCrue by Natalie A. Brown on behalf of Ethel Hixon (Brown, Natalie)
April 9, 2009 Filing 21 Unopposed MOTION For Extension of Time to File Scheduling Order and Motion to Vacate Scheduling Conference by Plaintiff Ethel Hixon. (Attachments: #1 Proposed Order (PDF Only))(Brown, Natalie)
April 8, 2009 Filing 20 NOTICE of Entry of Appearance by Molly Anne Walsh Ennis on behalf of Thomas J. Fitzgerald (Ennis, Molly)
April 8, 2009 Filing 19 ANSWER to #1 Complaint, by Thomas J. Fitzgerald.(Palmeri, John)
April 8, 2009 Filing 18 NOTICE of Entry of Appearance by John M. Palmeri on behalf of Thomas J. Fitzgerald (Palmeri, John)
April 7, 2009 Filing 17 CORPORATE DISCLOSURE STATEMENT by Defendant Hilton C. Ray, M.D., P.C... (Stinnett, Mark)
April 7, 2009 Filing 16 ANSWER to #1 Complaint, by Hilton C. Ray, M.D., P.C..(Stinnett, Mark)
April 7, 2009 Filing 15 ANSWER to #1 Complaint, by Hilton C. Ray(M.D.).(Stinnett, Mark)
April 1, 2009 Opinion or Order Filing 14 MINUTE ORDER granting #12 Unopposed Motion for Extension of Time For Defendants Kent Madsen, R.P.T., and Physical Therapy Plus of Lamar, Inc., to Answer or Otheerwise Respond to the Complaint. Physical Therapy Plus of Lamar, Inc. answer due 4/24/2009; Kent Madsen answer due 4/24/2009, by Magistrate Judge Michael E. Hegarty on 04/01/09.(wjc, )
March 31, 2009 Filing 13 MEMORANDUM regarding #12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond To The Complaint filed by Physical Therapy Plus of Lamar, Inc., Kent Madsen.Motion is referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 3/31/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, )
March 31, 2009 Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond To The #1 Complaint by Defendants Physical Therapy Plus of Lamar, Inc., Kent Madsen. (Attachments: #1 Proposed Order (PDF Only))(Dugan, Christopher) Modified on 4/1/2009 to add linkage (wjc, ).
March 27, 2009 Filing 11 Utility Setting/Resetting Deadlines/Hearings: Neurometrix, Inc. answer due 4/22/2009 pursuant to Stipulation for Extension of Time for Defendant Neurometrix, Inc., to Answer or Otherwise Respond to the Complaint filed on 03/27/09. Text only entry - no document attached. (wjc, )
March 27, 2009 Filing 10 NOTICE of Entry of Appearance by Barbara Ann Grandjean on behalf of Neurometrix, Inc. (Grandjean, Barbara)
March 27, 2009 Filing 9 CORPORATE DISCLOSURE STATEMENT by Defendant Neurometrix, Inc... (Birnbach, Deborah)
March 27, 2009 Filing 8 STIPULATION for Extension of Time for Defendant Neurometrix, Inc. to Answer or Otherwise Respond to the Complaint by Defendant Neurometrix, Inc.. (Birnbach, Deborah)
March 11, 2009 Opinion or Order Filing 7 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 3/11/09. (mskcd)
March 11, 2009 Opinion or Order Filing 6 MINUTE ORDER Scheduling Conference set for 5/12/2009 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 3/11/2009. (mehcd)
March 11, 2009 Opinion or Order Filing 5 ORDER OF REFERENCE TO MAGISTRATE JUDGE AND LETTER TO COUNSEL: REFERRING CASE to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 3/11/09. (msksec, )
March 11, 2009 Filing 4 LETTER REASSIGNING CASE. Case reassigned to Judge Marcia S. Krieger for all further proceedings. Judge Walker D. Miller no longer assigned to the case. (sah, )
March 11, 2009 Filing 3 MEMORANDUM RETURNING CASE for reassignment by Senior District Judge Miller. (sah, )
March 9, 2009 Filing 2 Docket Annotation, in error this case was assigned to Judge Daniel in CMECF, when Judge Miller was drawn the case. CMECF has been corrected to reflect the correct assignment. Text only entry - no document attached (jak, )
March 6, 2009 Filing 1 COMPLAINT FOR DAMAGES AND JURY DEMAND AND CERTIFICATE OF REVIEW against Neurometrix, Inc., Physical Therapy Plus of Lamar, Inc., USA, Mary Shy, Karen Chase, Kent Madsen, Hilton C. Ray(M.D.), Hilton C. Ray(M.D., P.C.), Thomas J. Fitzgerald ( Filing fee $ 350, Receipt Number 17175) Summons Issued, filed by Ethel Hixon. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(jak, )

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Search for this case: Hixon v. Madsen et al
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Plaintiff: Ethel Hixson
Represented By: DezaRae D. LaCrue
Represented By: Natalie A. Brown
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Defendant: USA
Represented By: Terry Fox
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Defendant: Mary Shy
Represented By: Terry Fox
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Defendant: Karen Chase
Represented By: Troy Robert Rackham
Represented By: Christine Anne Craigmile
Represented By: Jared Chad Lockwood
Represented By: Michael Bernard Gagnon
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Defendant: Kent Madsen
Represented By: David Ben Gelman
Represented By: Christopher R. Dugan
Represented By: Marixa A. Frias
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Defendant: Hilton C. Ray
Represented By: Mark A. Stinnett
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Defendant: Thomas J. Fitzgerald
Represented By: John M. Palmeri
Represented By: Molly Anne Walsh
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Defendant: Neurometrix, Inc.
Represented By: Jeffrey Alan Chase
Represented By: Barbara Ann Grandjean
Represented By: Deborah S. Birnbach
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Defendant: Physical Therapy Plus of Lamar, Inc.
Represented By: David Ben Gelman
Represented By: Christopher R. Dugan
Represented By: Marixa A. Frias
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Defendant: Hilton C. Ray, M.D., P.C.
Represented By: Mark A. Stinnett
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