Roberson v. US Department of Veteran Affairs et al
| Jain-Miecell Irvin Roberson |
| US Department of Veteran Affairs, VA Hospital Atlanta, Lebonan VA Medical Center, Robert R. Alexander, Alvernell B. Cotton, Ashley Hawkins, John R. Deandrade, Erika E. Sybers, Chinazom U Igbegbu, Steven J. Anandar, Elizabeth H. Burgess, VA San Diego Health Care System California, VA Records Review and Determination Team and VA Review Doctor San Diego, CA name unknown at this time |
| 1:2021cv05248 |
| December 23, 2021 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 Request for Leave of Absence for the following date(s): March 7, 2022 to March 14, 2022, by Darcy F. Coty. (Coty, Darcy) |
| Filing 28 MOTION to Dismiss Doc. #26 PLAINTIFFS SECOND AMENDED COMPLAINT with Brief In Support by Robert R. Alexander, Steven J. Anandar, Elizabeth H. Burgess, Alvernell B. Cotton, John R. Deandrade, Ashley Hawkins, Chinazom U Igbegbu, Lebonan VA Medical Center, Erika E. Sybers, US Department of Veteran Affairs, VA Hospital Atlanta, VA Records Review and Determination Team, VA Review Doctor San Diego, CA name unknown at this time, VA San Diego Health Care System California. (Coty, Darcy) Modified on 2/15/2022 to edit docket text(abm). |
| Filing 27 MOTION to Dismiss Requirement of Certificate of Merit required by Georgia Law by Jain-Miecell Irvin Roberson. (abm) |
| Filing 26 SECOND AMENDED COMPLAINT against All Defendants filed by Jain-Miecell Irvin Roberson.(abm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 25 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT FOR DAMAGES UNDER THE FEDERAL TORT CLAIMS ACT with Brief In Support by Robert R. Alexander, Steven J. Anandar, Elizabeth H. Burgess, Alvernell B. Cotton, John R. Deandrade, Ashley Hawkins, Chinazom U Igbegbu, Lebonan VA Medical Center, Erika E. Sybers, US Department of Veteran Affairs, VA Hospital Atlanta, VA Records Review and Determination Team, VA Review Doctor San Diego, CA name unknown at this time, VA San Diego Health Care System California. (Attachments: #1 Exhibit)(Coty, Darcy) |
| Clerk's Certificate of Mailing as to Jain-Miecell Irvin Roberson re #23 Order. (abm) |
| Filing 24 AMENDED COMPLAINT against All Defendants filed by Jain-Miecell Irvin Roberson. (Attachments: #1 Exhibit SF 95 DC, #2 Exhibit Summons Mail Receipt, #3 Exhibit Sleep Apnea Documents, #4 Exhibit Sleep Apnea Documents, #5 Exhibit Witness Statement, #6 Exhibit Witness Statement, #7 Exhibit Sleep Apnea Document, #8 Exhibit National Archives Access, #9 Exhibit Documentation of Instruction, #10 Exhibit Navy Med Records, #11 Exhibit Sleep Apnea Document, #12 Exhibit Sleep Apnea Document, #13 Exhibit SF95 San Diego, #14 Exhibit Sleep Apnea Documents, #15 Exhibit SF 95 Atlanta, #16 Exhibit Mail Results, #17 Exhibit VA Atlanta Record of Treatment, #18 Exhibit Amended Original Document, #19 Exhibit Sleep Apnea Documents, #20 Exhibit Sleep Study San Diego)(abm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
Filing 23
ORDER. It is hereby ORDERED that Plaintiffs First Motion to Request Leave to File Amended Complaint Doc #18 is GRANTED. Signed by Judge William M. Ray, II on 1/20/2022. (abm)
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Filing 22
Standing Order Regarding Civil Litigation. Signed by Judge William M. Ray, II on 1/6/2022. (abm)
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| Clerk's Certificate of Mailing as to Jain-Miecell Irvin Roberson re #22 Order. (abm) |
| Submission of #18 First MOTION to Amend/Correct Initial Complaint Document, to District Judge William M. Ray II. (bgt) |
| Filing 21 Case transferred in from District of Pennsylvania Middle; Case Number 1:20-cv-02252. Original file certified copy of transfer order and docket sheet received. |
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Filing 20
ORDER - ACCORDINGLY, on this 23rd day of December, 2021, upon independent review of the record and the applicable law, IT IS ORDERED THAT: 1. The Court ADOPTS the Report and Recommendation (Doc. No. #15 ) of Magistrate Judge Schwab;2. Defendants motion to transfer or dismiss (Doc. No. #9 ) is GRANTED insofar as it requests that venue be transferred to the United States District Court for the Northern District of Georgia, and is DENIED WITHOUT PREJUDICE insofar as it requests that the Court dismiss the Plaintiffs complaint. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 12/23/21. (dmn) [Transferred from Pennsylvania Middle on 12/23/2021.]
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| Filing 19 REPLY BRIEF re #15 REPORT AND RECOMMENDATIONS re #9 MOTION to Transfer Case or Dismiss filed by US Department of Veteran Affairs Response filed by Jain-Miecell Irvin Roberson.(Roberson, Jain-Miecell) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 18 First MOTION to Amend/Correct Initial Complaint Document by Jain-Miecell Irvin Roberson. (Attachments: #1 Memo Amended Pleading, #2 Exhibit(s) SF 95 DC, #3 Exhibit(s) Summons Mail Receipt, #4 Exhibit(s) Sleep Apnea Documents, #5 Exhibit(s) Sleep Apnea Documents, #6 Exhibit(s) Witness Statement, #7 Exhibit(s) Witness Statement, #8 Exhibit(s) Sleep Apnea Document, #9 Exhibit(s) National Archives Access, #10 Exhibit(s) Documentation of Instruction, #11 Exhibit(s) Navy Med Records, #12 Exhibit(s) Sleep Apnea Document, #13 Exhibit(s) Sleep Apnea Document, #14 Exhibit(s) SF95 San Diego, #15 Exhibit(s) Sleep Apnea Documents, #16 Exhibit(s) SF 95 Atlanta, #17 Exhibit(s) Mail Results, #18 Exhibit(s) VA Atlanta Record of Treatment, #19 Exhibit(s) Amended Original Document, #20 Exhibit(s) Sleep Apnea Documents, #21 Exhibit(s) Sleep Study San Diego)(Roberson, Jain-Miecell) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 17 RESPONSE by US Department of Veteran Affairs to Plaintiff's Objections to the Report and Recommendation. (Jani, Navin) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 16 REPLY BRIEF re #15 REPORT AND RECOMMENDATIONS re #9 MOTION to Transfer Case or Dismiss filed by US Department of Veteran Affairs Against recommendation filed by Jain-Miecell Irvin Roberson. (Attachments: #1 Affidavit Records of Georgia VA taking medical care in January of 2012.)(Roberson, Jain-Miecell) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 15 REPORT AND RECOMMENDATION - We recommend that the court grant in part and deny in part the United States motion #9 to transfer or to dismiss. We recommend that the court grant the motion to the extent that the court transfer venue to the United States District Court for the Northern District of Georgia. And given that recommendation, we further recommend that the court deny without prejudice the motion insofar as it seeks dismissal. We recommend that that denial be without prejudice to the United States right to move for dismissal in the United States District Court for the Northern District of Georgia. (See R&R for complete details.) Objections to R&R due by 11/8/2021 Signed by Magistrate Judge Susan E. Schwab on 10/25/21. (ki) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 14 BRIEF IN OPPOSITION re #9 MOTION to Transfer Case or Dismiss Signed brief in opposition to transfer or dismiss filed by Jain-Miecell Irvin Roberson.(Roberson, Jain-Miecell) [Transferred from Pennsylvania Middle on 12/23/2021.] |
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Filing 13
ORDER directing pltf to file a signed copy of his brief w/in 14 days - if he fails to do so, in acc w/ Rule 11(a) ct will strike his brief. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 4/28/21. (ki) [Transferred from Pennsylvania Middle on 12/23/2021.]
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| Filing 12 BRIEF IN OPPOSITION re #9 MOTION to Transfer Case or Dismiss in opposition to transfer or dismiss filed by Jain-Miecell Irvin Roberson.(Roberson, Jain-Miecell) [Transferred from Pennsylvania Middle on 12/23/2021.] |
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Filing 11
ORDER directing pltf to file br in opp to deft's motion #9 to transfer, or in the alternative, to dismiss by 5/6/2021 & permitting deft to file reply brief. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 4/22/21. (ki) [Transferred from Pennsylvania Middle on 12/23/2021.]
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| Filing 10 BRIEF IN SUPPORT re #9 MOTION to Transfer Case or Dismiss filed by US Department of Veteran Affairs.(Jani, Navin) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 9 MOTION to Transfer Case or Dismiss by US Department of Veteran Affairs. (Attachments: #1 Proposed Order, #2 Proposed Order)(Jani, Navin) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Yvette Kane and referred to Magistrate Judge Susan E. Schwab as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 8 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Parties YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU ARE NOT AN ECF REGISTERED USER, THEN MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 5/10/2021 (ki) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 7 NOTICE of Appearance by Navin Jani on behalf of Robert R. Alexander, Steven J. Anandar, Elizabeth H. Burgess, Alvernell B. Cotton, John R. Deandrade, Ashley Hawkins, Chinazom U Igbegbu, Lebonan VA Medical Center, Erika E. Sybers, US Department of Veteran Affairs, VA Hospital Atlanta. (Jani, Navin) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 6 ACKNOWLEDGEMENT OF SERVICE Executed for US Attorney's Office Middle District Pennsylvania Document, which still needs server's official document Acknowledgement filed by Jain-Miecell Irvin Roberson. (Attachments: #1 Affidavit Receipt of Summons Documents US Clerk)(Roberson, Jain-Miecell) [Transferred from Pennsylvania Middle on 12/23/2021.] |
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Filing 5
ORDER directing that pltf shall, w/in 90 days of the date he filed the complaint, serve the summons & the complaint on the defts in acc w/ Fed.R.Civ.P. 4, or obtain a waiver of service from the defts, & pltf shall file a return of service w/in 90 days of the date he filed the complaint. (See order for complete details.)Signed by Magistrate Judge Susan E. Schwab on 12/7/20. (ki) [Transferred from Pennsylvania Middle on 12/23/2021.]
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| Receipt of payment from JAIN MIECELL ROBERSON in the amount of $402.00 for CIVIL FILING FEE- NON-PRISONER. Transaction posted on 12/3/2020. Receipt number 111026389 processed by bdanilow. (jjs) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 4 Filing fee: $ 402.00, receipt number 510100003. (pjr) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 3 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 AO 398 and 399 Waiver Forms, #2 Excerpts of Local and Federal Rules) (pjr) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 2 Summons Issued as to All Defendants and provided TO PLAINTIFF VIA U.S. MAIL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 Summons Packet) (pjr) [Transferred from Pennsylvania Middle on 12/23/2021.] |
| Filing 1 COMPLAINT against All Defendants, filed by Jain-Miecell Irvin Roberson. (Attachments: #1 Civil Cover Sheet)(pjr) [Transferred from Pennsylvania Middle on 12/23/2021.] |
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