Bernard v. Yale University et al
| Casey Bernard |
| Yale University School of Medicine and Yale University |
| GCO Enterprises, LLC and USA |
| 3:2020cv00481 |
| April 10, 2020 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Perez, J.) |
Filing 36
ORDER DISMISSING CASE. The Court issues the attached Amended Ruling and Order to clarify the basis for and scope of its #35 March 19, 2021 Ruling and Order. The Clerk of the Court is respectfully directed to remand this case to the Connecticut Superior Court, Judicial District of New Haven, and to close this case. Signed by Judge Victor A. Bolden on 3/22/2021. (Tisdale, I.)
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Filing 35
ORDER granting #8 Motion to Dismiss for Lack of Jurisdiction; granting #25 Motion to Dismiss for Lack of Jurisdiction; finding as moot #28 Motion to Dismiss; finding as moot #33 Motion to Dismiss For the reasons outlined in the attached Order, the Government's motions to dismiss are GRANTED, and GCO Enterprises, LLC's motions to dismiss are DENIED as moot. The Court remands this case to the Connecticut Superior Court, Judicial District of New Haven. Signed by Judge Victor A. Bolden on 3/19/2021. (Tisdale, I.)
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| Filing 34 Minute Entry for proceedings held before Judge Victor A. Bolden: Motion Hearing held on March 18, 2021 re #25 MOTION to Dismiss for Lack of Jurisdiction filed by USA, #28 First MOTION to Dismiss Plaintiff's Apportionment Complaint filed by GCO Enterprises, LLC, #8 MOTION to Dismiss for Lack of Jurisdiction filed by USA. Total Time: 0 hours and 27 minutes (Court Reporter S. Montini) (Tisdale, I.) |
| Filing 33 First MOTION to Dismiss Yale Defendant's Apportionment Complaint by GCO Enterprises, LLC.Responses due by 4/8/2021 (Attachments: #1 Memorandum in Support MEMORANDUM OF LAW IN SUPPORT OF GCO ENTERPRISES, LLCS MOTION TO DISMISS DEFENDANT / APPORTIONMENT PLAINTIFFS APPORTIONMENT COMPLAINT)(Varunes, Anita) |
| Filing 32 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Set/Reset Deadlines as to #25 MOTION to Dismiss for Lack of Jurisdiction, #8 MOTION to Dismiss for Lack of Jurisdiction, #28 First MOTION to Dismiss Plaintiff's Apportionment Complaint. Motion Hearing set for March 18, 2021 at 3:00 p.m. before Judge Victor A. Bolden. The Motion Hearing will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1617467640?pwd=QXE1c1dIYnZmaFpWcDA2YUM0dXhjZz09 and call in number is +1-646-828-7666.Meeting ID: 161 746 7640 Meeting Password: 747675Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Tisdale, I.) |
| Filing 31 REPLY to Response to #25 MOTION to Dismiss for Lack of Jurisdiction filed by USA. (Orticelli, Jillian) |
| Filing 30 Memorandum in Opposition re #28 First MOTION to Dismiss Plaintiff's Apportionment Complaint filed by Casey Bernard. (Grandjean, Clifford) |
| Filing 29 Memorandum in Opposition re #25 MOTION to Dismiss for Lack of Jurisdiction filed by Casey Bernard. (Grandjean, Clifford) |
| Filing 28 First MOTION to Dismiss Plaintiff's Apportionment Complaint by GCO Enterprises, LLC.Responses due by 7/31/2020 (Attachments: #1 Memorandum in Support MEMORANDUM OF LAW IN SUPPORT OF GCO ENTERPRISES, LLCS MOTION TO DISMISS PLAINTIFFS APPORTIONMENT COMPLAINT)(Varunes, Anita) |
| Filing 27 DEMAND for Trial by Jury by Casey Bernard. (Grandjean, Clifford) |
| Filing 26 NOTICE of Appearance by Clifford J. Grandjean on behalf of Casey Bernard (Grandjean, Clifford) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction by USA.Responses due by 7/27/2020 (Attachments: #1 Memorandum in Support)(Orticelli, Jillian) |
| Filing 24 NOTICE of Appearance by Anita M. Varunes on behalf of GCO Enterprises, LLC (Varunes, Anita) |
| Filing 23 SUMMONS Returned Executed by Casey Bernard. USA served on 5/12/2020, answer due 7/11/2020. (Kennedy, John) |
| Filing 22 SUMMONS Returned Executed by Casey Bernard. GCO Enterprises, LLC served on 5/12/2020, answer due 6/2/2020. (Kennedy, John) |
| Filing 21 RESPONSE re #15 Reply to Response to Motion Sur-Reply In Further Opposition To Third-Party Defendant's Motion To Dismiss filed by Yale University, Yale University School of Medicine. (Durham, Michael) |
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Filing 20
ORDER granting #18 Yale Motion for Leave to File sur-reply. Yale is instructed to file the sur-reply brief on the docket. To the extent that the United States wishes to respond to this sur-reply, the Court grants them leave to do so by May 29, 2020. Signed by Judge Victor A. Bolden on 5/19/2020. (Leon, Noel)
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| Filing 19 OBJECTION re #18 MOTION for Leave to File Sur-Reply filed by USA. (Orticelli, Jillian) |
| Filing 18 MOTION for Leave to File Sur-Reply by Yale University, Yale University School of Medicine. (Attachments: #1 Exhibit)(Geelan, Matthew) |
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Filing 17
ORDER granting #16 Motion to Stay until the pending motion to dismiss is resolved. Signed by Judge Victor A. Bolden on 5/14/2020. (Leon, Noel)
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| Filing 16 Consent MOTION to Stay by USA.Responses due by 6/3/2020 (Orticelli, Jillian) |
| Filing 15 REPLY to Response to #8 MOTION to Dismiss for Lack of Jurisdiction filed by USA. (Orticelli, Jillian) |
| Filing 14 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *USA* with answer to complaint due within *60* days. Attorney *John J. Kennedy, Jr.* *Kennedy, Johnson, D'Elia & Gillooly* *555 Long Wharf Dr.* *New Haven, CT 06511*. (Fazekas, J.) |
| Filing 13 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *GCO Enterprises, LLC* with answer to complaint due within *21* days. Attorney *John J. Kennedy, Jr.* *Kennedy, Johnson, D'Elia & Gillooly* *555 Long Wharf Dr.* *New Haven, CT 06511*. (Fazekas, J.) |
| Filing 12 SUMMONS Returned Executed by Yale University, Yale University School of Medicine. USA served on 3/24/2020, answer due 5/23/2020. (Durham, Michael) |
| Request for Clerk to issue summons as to GCO Enterprises, LLC. (Kennedy, John) |
| Request for Clerk to issue summons as to USA. (Kennedy, John) |
| Filing 11 APPORTIONMENT COMPLAINT against USA, filed by Casey Bernard.(Kennedy, John) |
| Filing 10 APPORTIONMENT COMPLAINT against GCO Enterprises, LLC, filed by Casey Bernard.(Kennedy, John) |
| Filing 9 OBJECTION re #8 MOTION to Dismiss for Lack of Jurisdiction by Yale University, Yale University School of Medicine. (Durham, Michael) |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction by USA.Responses due by 5/5/2020 (Attachments: #1 Memorandum in Support)(Orticelli, Jillian) |
| Set Deadlines: Rule 26 Meeting Report due by 5/28/2020 (Perez, J.) |
| Filing 7 NOTICE of Appearance by Matthew H. Geelan on behalf of Yale University, Yale University School of Medicine (Geelan, Matthew) |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Electronic Filing Order, #1 Notice of Appearance Jillian R. Orticelli on behalf of USA, #2 Notice of Removal, #5 Standing Protective Order, #3 Order on Pretrial Deadlines Signed by Clerk on 04/10/2020. (Attachments: #1 Removal Standing Order)(Fazekas, J.) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 04/10/2020.(Fazekas, J.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 04/10/2020.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 6/9/2020. Discovery due by 10/10/2020. Dispositive Motions due by 11/14/2020. Signed by Clerk on 04/10/2020.(Fazekas, J.)
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| Filing 2 NOTICE OF REMOVAL by USA from Connecticut Superior Court, case number NNH-CV19-6097151-S., filed by USA. (Attachments: #1 Removal Statement, #2 Notice of Pending Motions)(Orticelli, Jillian) Modified to update party on 4/10/2020 (Anastasio, F.). |
| Filing 1 NOTICE of Appearance by Jillian R. Orticelli on behalf of USA (Orticelli, Jillian) Modified to update parties on 4/10/2020 (Anastasio, F.). |
| Judge Victor A. Bolden added. (Anastasio, F.) |
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