Durham v. County of Maui et al

Plaintiff: Sheri Gail Durham
Defendant: County of Maui, Patty Conte, Ford Motor Company, Maui Windsurfing Vans, Inc., Byron H. Izuka, Byron H. Izuka, M.D., LLC, Hawaii Pacific Health, Kapiolani Medical Center for Women and Children and Doe Defendants 1-50
Case Number: 1:2008cv00342
Filed: July 24, 2008
Court: US District Court for the District of Hawaii
Office: Motor Vehicle Prod. Liability Office
County: Maui
Presiding Judge: LESLIE E KOBAYASHI
Presiding Judge: J. MICHAEL SEABRIGHT
Nature of Suit: Both
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Auto Negligence

Available Case Documents

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

Date Filed Document Text
July 25, 2011 Opinion or Order Filing 1343 ORDER (1) Granting Plaintiffs' Motion In Limine No. 7 to Exclude The Expert Report of Dr. Ron Blair, Doc. No. 1182 ; and (2) Denying Defendants James Y. Sim, M.D. and James Y. Sim, M.D., LLC's Motion In Limine Regarding Admissibility of Pl aintiffs' Expert Report Disclosed In Proceeding In The County Court of Dallas County Texas, Doc. No. 1179 . Signed by JUDGE J. MICHAEL SEABRIGHT on 7/22/11. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 23, 2011 Opinion or Order Filing 1173 ORDER (1) DENYING PLAINTIFFS' MOTION IN LIMINE NO. 4 TO PRECLUDE ANY TESTIMONY, EVIDENCE, OPINIONS, OR ARGUMENT THAT SUBSEQUENT MEDICAL PROVIDERS IN DALLAS ACTED NEGLIGENTLY WITH REGARD TO JESSICA DURHAM'S MEDICAL CARE OR CAUSEED HER INJURI ES, DOC. NO. 1102 ; (2) GRANTING DEFENDANTS BYRON H. IZUKA, M.D.'S AND BYRON H. IZUKA, M.D., LLC'S MOTION IN LIMINE TO ADMIT EVIDENCE, TESTIMONY, AND ARGUMENT REGARDING THE CARE PROVIDED TO JESSICA DURHAM BY SUBSEQUENT MEDICAL PROVIDERS IN DALLAS, TEXAS, DOC. NO. 1106 ; AND (3) GRANTING DEFENDANTS JAMES Y. SIM, M.D. AND JAMES Y. SIM, M.D., LLC'S MOTION INLIMINE REGARDING ADMISSIBILITY OF PLAINTIFFS' ORIGINAL PETITION FILED IN THE COUNTY COURT OF DALLAS COUNTY TEXAS, DOC. N O. 1099 - Signed by JUDGE J. MICHAEL SEABRIGHT on 6/23/11. ("Based on the above, the court: (1) DENIES Plaintiffs' Motion in Limine No. 4 to Preclude Any Testimony, Evidence, Opinions, or Argument That Subsequent Medical Prov iders in Dallas Acted Negligently with Regard to Jessica Durham's Medical Care or Caused Her Injuries, Doc. No. 1102 ; (2) GRANTS Dr. Izuka's Motion in Limine to Admit Evidence, Testimony, and Argument Regarding the Care Provided to Jessic a Durham by Subsequent Medical Providers in Dallas, Texas, Doc. No. 1106 , as well as Kapiolani Defendants' and Dr. Sim' s Joinders in this Motion (Doc. Nos. 1109 , 1132 ); and (3) GRANTS Dr. Sim's Motion in Limine Regarding Admissi bility of Plaintiffs' Original Petition Filed in the County Court of Dallas County Texas, Doc. No. 1099 , as well as Dr. Izuka's and Kapiolani Defendants' Joinders in this Motion (Doc. Nos. 1105 , 1107 )." ) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications shall be served by first class mail at the addresses of record on June 24, 2011.
March 23, 2011 Opinion or Order Filing 1088 ORDER (1) Granting Defendant Ford Motor Company's Motion For Approval of Good Faith Settlement, Doc. No. 1008; And (2) Granting Plaintiffs' Second Substantive Joinder To Defendant Ford Motor Company's Motion For Approval of Good Faith Settlement, Doc. No. 1055 re 1008 , 1055 . Signed by JUDGE J. MICHAEL SEABRIGHT on 3/23/11. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 8, 2010 Opinion or Order Filing 988 ORDER DENYING COUNTERCLAIM DEFENDANT DENISE ANN JENKINS AS THE ADMINISTRATOR OF THE ESTATE OF MARK ALLEN DURHAM'S PETITION FOR PERMISSION TO APPEAL ORDER ADOPTING MAGISTRATE JUDGE KOBAYASHI'S JULY 27, 2010 FINDINGS AND RECOMMENDATION TO DEN Y COUNTERCLAIM DEFENDANT'S PETITION FOR FINDING OF GOOD FAITH SETTLEMENTS (DOC. NO. 972 ) - Signed by JUDGE J. MICHAEL SEABRIGHT on 10/8/10. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive elec tronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 10, 2010 Opinion or Order Filing 963 ORDER: (1) DENYING PLAINTIFFS' MOTION FOR SPOLIATION SANCTIONS, DOC. NO. 859 , SEEKING ENTRY OF JUDGMENT AS TO LIABILITY AGAINST MAUI WINDSURFING VANS, INC. AND (2) DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION FOR SPOLIATION SANCTIONS, DOC . NO. 859 , SEEKING AN ADVERSE INFERENCE JURY INSTRUCTION - Signed by JUDGE J. MICHAEL SEABRIGHT on 9/10/10. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 31, 2010 Opinion or Order Filing 954 ORDER Adopting Magistrate Judge Kobayashi's July 27, 2010 Findings And Recommendation To Deny Counterclaim Defendant's Petition For Finding of Good Faith Settlements re 886 . Signed by JUDGE J. MICHAEL SEABRIGHT on 8/31/10. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 28, 2010 Opinion or Order Filing 887 ORDER: (1) GRANTING IN PART AND DENYING IN PART JAMES Y. SIM, M.D. AND JAMES Y. SIM, M.D., LLC'S MOTION FOR SUMMARY JUDGMENT (DOC. NO 792 ); AND (2) GRANTING IN PART AND DENYING IN PART KAPIOLANI MEDICAL CENTER FOR WOMEN AND CHILDREN, HAWAII PA CIFIC HEALTH, KAPIOLANI MEDICAL SPECIALISTS, AND SHILPA J. PATEL, M.D.'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 793 ) - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/28/10. ("Remaining against these Defendants are Plaintiffs' negligence claim against Dr. Sim based on failure to communicate specific recommendations for cardiology follow-up, and Plaintiffs' negligence claim against Kapiolani Defendants for (1) failing to communicate to CMC the need for specific and urg ent follow-up for Jessica's enlarged aorta; (2) limiting Jessica's transfer for orthopedic treatment (as opposed to including cardiology follow-up); and (3) failing to communicate to CMC new developments regarding Jessica's orthopedic condition.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 30, 2010 Opinion or Order Filing 849 ORDER Granting In Part and Denying In Part Plaintiffs' Motion To Exclude Expert Designation of Clifford Wong, PH.D. And Evidence of, Related to, Reported THC In Mark Durham's Postmortem Blood Sample in re 780 . Signed by JUDGE LESLIE E KOB AYASHI on 6/30/10. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 17, 2010 Opinion or Order Filing 829 ORDER Affirming The Magistrate Judge's April 27, 2010 Discovery Order (Doc. No. 787) re 798 . Signed by JUDGE J. MICHAEL SEABRIGHT on 6/17/10. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive el ectronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 17, 2010 Opinion or Order Filing 742 ORDER Denying Ford Motor Company's Motion For Partial Summary Judgment On Plaintiffs' Claim For Punitive Damages (Doc. No. 518) 518 . Signed by JUDGE J. MICHAEL SEABRIGHT on 2/17/10. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 12, 2010 Opinion or Order Filing 740 ORDER Denying Defendant Ford Motor Company's Motion For Summary Judgment Based on Federal Preemption 523 . Signed by JUDGE J. MICHAEL SEABRIGHT on 12/12/10. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on: 2/17/2010.
February 10, 2010 Opinion or Order Filing 734 ORDER Denying Ford Motor Company's Motion To Dismiss or, Alternatively, Exclude Certain Evidence And Enter An Adverse Instruction Against Plaintiffs (Doc. No. 529) 529 . Signed by JUDGE J. MICHAEL SEABRIGHT on 2/9/10. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 21, 2010 Opinion or Order Filing 684 ORDER (1) Denying Defendant Maui Windsurfing Vans, Inc.'s Motion For Summary Judgment As To Counts IV and IX of Plaintiffs' Second Amended Complaint, And For Summary Judgment On Its Counter Claim Against Plaintiffs' (Doc. No. 515); And (2) Denying Defendant Maui Windsurfing Vans, Inc.'s Motion For Summary Judgment As to Its Cross-Claim Against Ford Motor Company (Doc No. 525) in re 515 ; 525 . Signed by JUDGE J. MICHAEL SEABRIGHT on 1/21/10. (gls, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 8, 2009 Opinion or Order Filing 550 ORDER ADOPTING Magistrate's FINDINGS AND RECOMMENDATION for 497 . Signed by JUDGE J. MICHAEL SEABRIGHT on 12/8/09. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 17, 2009 Opinion or Order Filing 497 FINDINGS AND RECOMMENDATION To Grant Patty Conte's Motion For Approval Of Good Faith Settlement re 407 . Signed by JUDGE LESLIE E KOBAYASHI on 11/17/09. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 16, 2009 Opinion or Order Filing 366 ORDER ADOPTING Magistrate Judge Kobayashi's FINDINGS AND RECOMMENDATION To Deny The Estate of Mark Allen Durham's Petition For Finding of Good Faith Settlements for 324 . Signed by JUDGE J. MICHAEL SEABRIGHT on 7/15/09. (gls, )
June 18, 2009 Opinion or Order Filing 333 ORDER Denying The Estate of Mark Allen Durham's Motion For Reconsideration 327 . Signed by JUDGE LESLIE E KOBAYASHI on 6/18/09. (gls, )
May 29, 2009 Opinion or Order Filing 324 FINDINGS AND RECOMMENDATION To Deny The Estate of Mark Allan Durham's Petition For Finding of Good Faith Settlements re 216 . Signed by JUDGE LESLIE E KOBAYASHI on 5/29/09. (gls, )

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Search for this case: Durham v. County of Maui et al
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Plaintiff: Sheri Gail Durham
Represented By: Craig Y. Iha
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Defendant: County of Maui
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Defendant: Patty Conte
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Defendant: Ford Motor Company
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Defendant: Maui Windsurfing Vans, Inc.
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Defendant: Byron H. Izuka
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Defendant: Byron H. Izuka, M.D., LLC
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Defendant: Hawaii Pacific Health
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Defendant: Kapiolani Medical Center for Women and Children
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Defendant: Doe Defendants 1-50
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