Gallardo et al v. USA et al
Plaintiff: Maria Gallardo and Dulce Rodriguez-Gallardo
Defendant: USA and City of Colorado Springs, Colorado
Case Number: 1:2010cv00868
Filed: April 19, 2010
Court: US District Court for the District of Colorado
Office: Denver Office
County: El Paso
Presiding Judge: Philip A. Brimmer
Nature of Suit: Personal Injury- Medical Malpractice
Cause of Action: 28 U.S.C. ยง 2671
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 12, 2013 Opinion or Order Filing 234 ORDER granting 204 Plaintiffs' Objection to Taxation of Costs. Each party shall bear its own costs. By Judge Philip A. Brimmer on 2/12/13.(mnfsl, )
February 5, 2013 Opinion or Order Filing 233 ORDER granting 214 Plaintiffs' Motion Pursuant to 28 U.S.C. § 753(f). The United States of America shall pay the costs of transcripts necessary for plaintiffs' appeal. By Judge Philip A. Brimmer on 2/5/13.(mnfsl, )
October 4, 2012 Opinion or Order Filing 213 ORDER denying 200 Motion for Leave to Appeal in Forma Pauperis re 201 Notice of Appeal ; granting 208 Amended Motion for Leave to Appeal in Forma Pauperis, by Judge Philip A. Brimmer on 10/4/12.(lswsl )
June 28, 2012 Opinion or Order Filing 192 ORDER entering judgment in favor of the defendant by Judge Philip A. Brimmer on 6/28/12. (dkals, )
April 10, 2012 Opinion or Order Filing 175 ORDER. Defendant United States of America's 156 , 166 motion to exclude the testimony of Stephen Glass, M.D. pursuant to Fed. R. Evid. 702 is granted in part and denied without prejudice in part. Defendant United States of America's 158 , 165 motion to exclude the testimony of Michael G. Ross, M.D. pursuant to Fed. R. Evid. 702 is denied without prejudice. By Judge Philip A. Brimmer on 4/10/12.(mnfsl, )
March 29, 2012 Opinion or Order Filing 170 ORDER denying 157 United States' motion to exclude the testimony of PatriciaFedorka, Ph.D, R.N. pursuant to Fed. R. Evid. 702. By Judge Philip A. Brimmer on 3/29/12.(mnfsl, )
March 23, 2012 Opinion or Order Filing 162 ORDER Defendant United States of America's 156 motion to exclude the testimony of Stephen Glass, M.D. and 158 motion to exclude the testimony of Michael G. Ross, M.D. shall be restricted at Level One. On or before Monday, 3/26/2012, the U nited States shall re-file without restriction the motions and exhibits thereto with redactions that comply with Fed. R. Civ. P. 5.2(a). Plaintiffs' deadline to respond to the motions remains the same. By Judge Philip A. Brimmer on 3/23/12. (mnfsl, )
March 6, 2012 Opinion or Order Filing 137 MINUTE ORDER granting in part and denying in part 108 Motion for Protective Order. By Judge Philip A. Brimmer on 3/6/2012.(jjpsl, )
March 1, 2012 Opinion or Order Filing 124 ORDER. The 100 motion to strike cumulative expert testimony is denied without prejudice to the assertion of appropriate objections at trial. By Judge Philip A. Brimmer on 3/1/12.(mnfsl, )
February 29, 2012 Opinion or Order Filing 121 ORDER. Plaintiff's 34 Motion for Partial Summary Judgment is denied, by Judge Philip A. Brimmer on 3/2/11. (Redacted Version of 62 Order pursuant to order entered 2/29/12) (mnfsl, )
February 28, 2012 Opinion or Order Filing 112 ORDER. Docket Nos. 1 , 2 , 3 , 4 , 7 , 8 , 9 , 10 , 13 , 15 , 27 , 49 , 58 , 62 , 63 , 71 , and 89 shall be restricted at Level One. On or before 5:00 PM on Monday, 3/5/2012, plaintiff Maria Gallardo shall re-file without filing res trictions redacted copies of Docket Nos. 1 , 7 , and 89 that comply with Federal Rule of Civil Procedure 5.2(a). On or before 5:00 PM on Monday, 3/5/2012, now terminated defendant City of Colorado Springs shall re-file without filing restrictions redacted copies of Docket Nos. 3 , 9 , and 15 that comply with Federal Rule of Civil Procedure 5.2(a). The Clerk of the Court shall re-file without filing restrictions redacted copies of Docket Nos. 2 , 4 , 8 , 10 , 13 , 27 , 49 , 58 , [ 62], 63 , and 71 that comply with Fed. R. Civ. P. 5.2(a). The Clerk of the Court shall remove the minor child's full name from the Electronic Case Filing Caption and from the text entries in Docket Nos. 1 , 3 , 17 , 22 , 35 , 44 , 45 , 46 , 56 , 60 , 61 , 64 , 67 , 68 , 70 , 79 , 82 , 85 , and 86 and replace it with the initials D.R.G. On or before 5:00 p.m. on Monday, March 5, 2012, the guardian ad litem shall inform the Court if there are any other documents or dock et entries not included in this order that D.R.G. requests be subject to an order pursuant to Federal Rule of Civil Procedure 5.2(d). By Judge Philip A. Brimmer on 2/28/12. (mnfsl, ) Modified on 3/1/2012 to correct filed date and signature date (mnfsl, ).
February 21, 2012 Opinion or Order Filing 107 ORDER. On or before Friday, 3/2/2012, D.R.G.'s guardian ad litem shall indicate whether he believes the protections of Fed. R. Civ. P. 5.2(a) have been waived and, if not, whether D.R.G. requests that an order issue pursuant to Fed. R. Civ. P. 5.2(d). By Judge Philip A. Brimmer on 2/21/12. (mnfsl, )
December 14, 2011 Opinion or Order Filing 106 AMENDED 97 ORDER SETTING CASE FOR TRIAL. Fifteen-day Bench Trial set for 4/9/2012 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 3/16/2012 at 01:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 12/14/11. (mnfsl, )
July 26, 2011 Opinion or Order Filing 97 ORDER SETTING CASE FOR TRIAL. Fifteen-day Jury Trial set for 4/9/2012 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 3/16/2012 at 01:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 7/26/11. (mnfsl, )
March 16, 2011 Opinion or Order Filing 69 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 3/16/2011. ORDERED: The Motion to Re-Open the Deposition of Jeffery McCutcheon, M.D., doc # 60 , is GRANTED. By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
March 2, 2011 Opinion or Order Filing 62 ORDER. Plantiff's 34 Motion for Partial Summary Judgment is denied, by Judge Philip A. Brimmer on 3/2/11.(mnf, )
December 28, 2010 Opinion or Order Filing 43 Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Status Conference held on 12/28/2010. Granting 37 Defendant United States motion to compel blood test. Plaintiff Maria Gallardo is required to produce infant pla intiff for a blood test on or before January 7, 2011. Defendant United States will disclose expert opinion relating to the blood test on or before January 31, 2011. Plaintiffs will disclose rebuttal opinion on or before March 4, 2011. Granting 39 Motion to supplement expert opinions of Michael Ross, M.D. The supplemental report is allowed subject to Defendants right to take Dr. Ross deposition, by phone or otherwise, on those supplemental opinions and for purposes of that limited deposition. Defendants are relieved of their obligation under Fed.R.Civ.P. 26 to reimburse Dr. Ross for that limited deposition. Granting 32 Motion by Defendant United States to vacate February 3, 2011, SettlementConference. (FTR: G.Mattei) (bnbcd, )
October 27, 2010 Opinion or Order Filing 31 PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 10/27/10. (cbssec)
October 14, 2010 Opinion or Order Filing 27 MINUTE ORDER denying without prejudice 25 Motion for Protective Order, by Magistrate Judge Craig B. Shaffer on 10/14/10.(cbssec)
June 4, 2010 Opinion or Order Filing 13 SECOND ORDER RESETTING Scheduling Conference to 7/20/2010 at 10:45 a.m., in Courtroom A 402, by Magistrate Judge Craig B. Shaffer on 6/4/10. (cbssec)
May 13, 2010 Opinion or Order Filing 10 ORDER of Dismissal with Prejudice pursuant to the 9 Stipulation of Dismissal. All claims asserted by plaintiff Maria Gallardo against defendant City of Colorado Springs, Colorado are dismissed with prejudice, with each party to bear its own attorneys fees and costs, by Judge Philip A. Brimmer on 5/13/10. (jak, )
May 5, 2010 Opinion or Order Filing 8 ORDER resetting Scheduling Conference to 7/29/2010 at 9:15 a.m. in Courtroom A 402, pursuant to a telephonic request made by counsel for Plaintiffs, by Magistrate Judge Craig B. Shaffer on 5/5/10. (cbssec)
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Plaintiff: Maria Gallardo
Represented By: William George Fischer, Sr.
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Plaintiff: Dulce Rodriguez-Gallardo
Represented By: William George Fischer, Sr.
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Defendant: USA
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Defendant: City of Colorado Springs, Colorado
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