Takemoto, et al v. United States of America, et al
| Robin Takemoto and Mahina Asuncion |
| The Queen's Medical Center, Sungjin Song, M.D., Melissa Alsbergas, C.R.N.A., United States of America, Ellie Cohen, M.D. and Hawaii Residency Programs, Inc. |
| 1:2019cv00257 |
| May 17, 2019 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 |
| Defendant |
Docket Report
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| Filing 148 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs Fifth Request for Production of Documents and Things to Defendant The Queens Medical Center) (Holden, Abigail) |
| Filing 147 MEMORANDUM re #77 MOTION for Summary Judgment ; COS [Plaintiffs' Supplemental Brief in Response to Defendant United States of America's Motion for Summary Judgment] filed by Mahina Asuncion, Robin Takemoto. (Holden, Abigail) |
| Filing 146 MEMORANDUM in Support re #77 MOTION for Summary Judgment ; COS ; COS filed by United States of America. (Attachments: #1 Declaration of Harry Yee, #2 Exhibit "3", #3 Exhibit "4")(Yee, Harry) |
| Filing 145 SUPPLEMENT re 137 by The Queen's Medical Center Supplemental Briefing in Support of its Memorandum in Opposition to USA's Motion for Summary Judgment, filed on June 9, 2020, filed on August 18, 2020 and Pursuant to Docket Number 137, filed on September 14, 2020; Certificate of Service. (Attachments: #1 Certificate of Service Certificate of Service)(Ruggles, Maegan) |
| Filing 144 CERTIFICATE OF SERVICE by The Queen's Medical Center Response to Plaintiffs' First Request for Admissions to Defendant The Queen's Medical Center, dated August 13, 2020 (Ruggles, Maegan) |
| Filing 143 SEALED Confidential Joint Tortfeasor Release and Indemnity Agreement re: #134 - filed by Melissa Alsbergas, C.R.N.A. (jo) |
Filing 142
ORDER GRANTING DEFENDANT MELISSA ALSBERGAS, C.R.N.A.'S EX PARTE MOTION FOR LEAVE TO SUBMIT CONFIDENTIAL JOINT TORTFEASOR RELEASE AND INDEMNITY AGREEMENT UNDER SEAL re: #135 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/23/2020. (jo)
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| Filing 141 EO: Based upon all circumstances discussed at the Telephone Conference on 09/16/2020 before Magistrate Judge Trader [ECF 140], the Court VACATES the 11/10/2020 trial date and remaining deadlines.Court confirms the Confidential Telephone Conference set for 11/03/2020 at 09:30 a.m. before Magistrate Judge Trader. Parties to be prepared to discuss the impact of recent rulings, discovery status, settlement negotiations and rescheduling of trial and deadlines.Courtroom Manager to provide dial-in instructions.(MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 140 EP: TELEPHONE CONFERENCE held.Discussion had concerning [ECF 77] Defendant United States of America's Motion for Summary Judgment ("Motion for Summary Judgment") currently pending supplemental briefing and ruling by Chief Judge Seabright. Court confirms [ECF 134] Defendant Melissa Alsbergas C.R.N.A.'s Petition for Good Faith Settlement ("Petition") set for hearing on 11/12/2020 at 9:30 a.m. before Magistrate Judge Trader. No opposition anticipated. Mr. Fricke confirms mediation scheduled for 10/19/2020. Request to Vacate Trial Date and Deadlines:Parties actively discussing proposed new trial date. Discussion had regarding alternative trial dates and option to consent to trial by a magistrate judge. Parties request trial date and remaining deadlines be vacated to permit ruling on the pending Motion for Summary Judgment and the Petition, complete expert-related discovery, participated in upcoming mediation and an opportunity to consider consent to a magistrate judge.Court to confer with Chief Judge Seabright and issue separate Entering Order vacating trial dates and deadlines.Expert Disclosure Deadlines:By agreement and the Court's finding of good cause, the deadline for expert disclosures by Defendant United States of Americas' (USA) is due 30 days after the ruling on [ECF 77] Motion for Summary Judgement. The deadline for expert disclosures to rebut Defendant USA's expert disclosure are due 30 days after USA's disclosure. Confidential Telephone Conference set for 11/03/2020 at 9:30 a.m. before MagistrateJudge Trader. Courtroom Manager to provide dial-in instructions. (ATT / 9:30 - 9:46) (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 139 CERTIFICATE OF SERVICE by The Queen's Medical Center Response to Plaintiff's Third Request for Production of Documents and Things to Defendant The Queen's Medical Center, Dated July 31, 2020 (Ruggles, Maegan) |
| Filing 138 EO: Motion Hearing is set for 11/12/2020 at 9:30 a.m. before MAGISTRATE JUDGE ROM TRADER on ECF #134 Defendant Melissa Alsbergas, C.R.N.A.'S Petition for Good Faith Settlement. In accordance with the August 24, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, issued August 24, 2020, this hearing will be held telephonically.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below:1. Dial 1-888-363-4735. 2. Enter Access Code (2070326) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as host press star (*) otherwise press pound (#). 4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference. (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 137 EO: The pending Motion for Summary Judgment filed by the United States, ECF No. #77 , relates to the following language from the 1996 Memorandum of Understanding ("1996 Agreement") between QMC and the Tripler Army Medical Center:It is understood and agreed that on the premise of this agreement, no agent, servant, or employee of the Army medical facility shall, for any purpose be deemed an agent, servant, or employee of the training institution or be permitted to perform services of any kind on behalf of the Training Institution.See 1996 Agreement at para. 4. Federal subject matter jurisdiction in this case is provided through the Federal Tort Claims Act ("FTCA"). When reviewing claims under the FTCA, this court applies the law of the State of Hawaii. 28 USC 1346(b); see also Dornan v. United States, 460 F.2d 425, 427 (9th Cir. 1972); Ward v. Gordon, 999 F.2d 1399, 1402 (9th Cir. 1993). The court requires further (and more detailed) briefing on the effect of this contractual provision under Hawaii law. Thus, the court orders that Defendant QMC and Defendant USA submit simultaneous supplemental briefing discussing the effect of the 1996 MOU under Hawaii law. Plaintiffs have the option to submit a supplemental brief, though they are not required to do so. Briefing is due by September 25, 2020, and shall not exceed 15 pages or a corresponding word count under the Local Rules. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 136 AMENDED CERTIFICATE OF SERVICE by Melissa Alsbergas, C.R.N.A. re #135 EX PARTE Motion Defendant Melissa Alsbergas, C.R.N.A.'S Ex Parte Motion for Leave to Submit Confidential Release and Indemnity Agreement under Seal (Van Dyke, Michael) Docket Text Modified on 9/14/2020 (jo) |
| Filing 135 EX PARTE Motion Defendant Melissa Alsbergas, C.R.N.A.'S Ex Parte Motion for Leave to Submit Confidential Release and Indemnity Agreement under Seal Michael J. Van Dyke appearing for Defendant Melissa Alsbergas, C.R.N.A. (Attachments: #1 Declaration Declaration of Michael J. Van Dyke, #2 Certificate of Service Certificate of Service)(Van Dyke, Michael) |
| Filing 134 Application Defendant Melissa Alsbergas, C.R.N.A.'S Petition for Good Faith Settlement. (Attachments: #1 Memorandum in Support of Petition, #2 Declaration of Michael J. Van Dyke, #3 Exhibit 1, #4 Certificate of Service)(Van Dyke, Michael) Docket Entry Modified on 9/11/2020 (jo) |
| ADVISORY ENTRY-No E-Service of Ex Parte Motion- Please be advised that viewing access to Document #135 EX PARTE Motion is restricted to the filing party and the court (filing events from the "Ex Parte" Filings Category, will restrict viewing of the entry to the court and the filing party). The Certificate of Service reflects that service was made electronically through CM/ECF. The filing party may refile the entry as a public document by selecting a filing event from the "motions" category. Alternatively, an amended certificate of service may be filed. (jo) |
| Filing 133 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs Notice of Taking Videotaped Deposition Upon Oral Examination of Defendant The Queens Medical Centers Rule 30(b)(6) Designees, Pursuant to Federal Rules of Civil Procedure Rule 30(b)(6)) (Fricke, Robert) |
| Filing 132 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs Fourth Request for Production of Documents and Things to Defendant The Queens Medical Center) (Fricke, Robert) |
| Filing 131 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANT UNITED STATES OF AMERICA DATED AUGUST 5, 2020] (Yee, Harry) |
| Filing 130 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICA'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT UNITED STATES OF AMERICA DATED AUGUST 5, 2020] (Yee, Harry) |
| Filing 129 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs Notice of Taking Videotaped Deposition Upon Oral Examination - Sungjin Song, M.D.) (Fricke, Robert) |
| Filing 128 REPLY re #115 Statement, #77 MOTION for Summary Judgment ; COS ; COS filed by United States of America. (Attachments: #1 Declaration of Harry Yee, #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3")(Yee, Harry) |
| Filing 127 REPLY re #77 MOTION for Summary Judgment ; COS, #113 Memorandum in Opposition to Motion ; COS filed by United States of America. (Attachments: #1 Declaration of Harry Yee, #2 Exhibit "1", #3 Exhibit "2")(Yee, Harry) |
| Filing 126 FIRST STIPULATION TO EXTEND TIME FOR DEFENDANT THE QUEEN'S MEDICAL CENTER TO RESPOND TO PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANT THE QUEEN'S MEDICAL CENTER, SERVED ON AUGUST 13, 2020 - Signed by MAGISTRATE JUDGE ROM TRADER on 8/31/2020. (jo) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #125 Stipulation includes a proposed order for the Judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo) |
| Filing 125 STIPULATION First Stipulation to Extend Time for Defendant The Queen's Medical Center to Respond to Plaintiffs' First Request for Admissions to Defendant The Queen's Medical Center, Served on August 13, 2020 by The Queen's Medical Center. (Ruggles, Maegan) |
| Filing 124 Return of Service on Subpoena AT&T Subpoena Center was served on August 24, 2020 (Ruggles, Maegan) |
| Filing 123 Return of Service on Subpoena T-Mobile Subpoena Compliance was served on August 24, 2020 (Ruggles, Maegan) |
| Filing 122 Return of Service on Subpoena T-Mobile Subpoena Compliance was served on August 24, 2020 (Ruggles, Maegan) |
| Filing 121 CERTIFICATE OF SERVICE by The Queen's Medical Center NOTICE OF TAKING DEPOSITION UPON WRITTEN QUESTIONS; EXHIBITS A-B to AT&T (Alam) (Ruggles, Maegan) |
| Filing 120 CERTIFICATE OF SERVICE by The Queen's Medical Center NOTICE OF TAKING DEPOSITION UPON WRITTEN QUESTIONS; EXHIBITS A-B to T-Mobile (Song) (Ruggles, Maegan) |
| Filing 119 CERTIFICATE OF SERVICE by The Queen's Medical Center NOTICE OF TAKING DEPOSITION UPON WRITTEN QUESTIONS; EXHIBITS A-B to T-Mobile (Ali) (Ruggles, Maegan) |
| Filing 118 EO: Hearing on Defendant United States of America's Motion for Summary Judgment set for September 8, 2020 is vacated. The court will decide the motion without a hearing under Local Rule 7.1(c). (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 117 Email to Chief Judge J. Michael Seabright from Harry Yee, AUSA, dated August 21, 2020, Re: all parties have agreed and request the Court convert, pursuant to LR 7.1(c) from hearing to non-hearing motion, the United States of America's Motion For Summary Judgement [ECF NO. #77 ] (jo) |
| Filing 116 CONCISE STATEMENT of Facts re #115 Statement, (Concise Statement of Facts in Support of Plaintiffs Position Statement in Response to Defendant United States of Americas Motion for Summary Judgment #77 ) filed by Mahina Asuncion, Robin Takemoto. (Attachments: #1 Declaration of Robert K. Fricke, #2 Exhibit A - Tripler GME Resident Handbook excerpt, #3 Exhibit B - Depo Sungjin Song, #4 Exhibit C - Depo Philip Littlefield, #5 Certificate of Service)(Holden, Abigail) |
| Filing 115 STATEMENT re #77 MOTION for Summary Judgment ; COS (Plaintiffs Position Statement in Response to Defendant United States of Americas Motion for Summary Judgment #77 ; Certificate of Service) filed by Mahina Asuncion, Robin Takemoto. (Holden, Abigail) |
| Filing 114 Concise Statement in Support re #113 Memorandum in Opposition to Motion Defendant The United States of America's Motion for Summary Judgment filed June 9, 2020 #77 filed by The Queen's Medical Center. (Attachments: #1 Declaration of Maegan A. Ruggles, #2 Exhibit A - part 1 of 6, #3 Exhibit A - part 2 of 6, #4 Exhibit A - part 3 of 6, #5 Exhibit A - part 4 of 6, #6 Exhibit A - part 5 of 6, #7 Exhibit A - part 6 of 6, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Certificate of Compliance, #12 Certificate of Service)(Ruggles, Maegan) |
| Filing 113 MEMORANDUM in Opposition re #77 MOTION for Summary Judgment ; COS filed by The Queen's Medical Center. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service Certificate of Serivce)(Ruggles, Maegan) |
| Filing 112 STATEMENT of No Position As To Defendant United States of America's Motion for Summary Judgment filed by Melissa Alsbergas, C.R.N.A.. (Inouye, Ryan) |
| Filing 111 STATEMENT of No Position re #77 MOTION for Summary Judgment ; COS filed by Hawaii Residency Programs, Inc.. (Attachments: #1 Certificate of Service)(Bordner, William) |
| Filing 110 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs First Request for Admissions to Defendant The Queens Medical Center) (Fricke, Robert) |
| Filing 109 CERTIFICATE OF SERVICE by The Queen's Medical Center First Request for Production of Documents and Things to Defendant United States of America, dated August 12, 2020 (Ruggles, Maegan) |
| Filing 108 CERTIFICATE OF SERVICE by The Queen's Medical Center Joinder in 1) Plaintiffs' Second Request for Answers to Interrogatories and 2) Plaintiffs' Second Request for Production of Documents and Things to Defendant United States of America, dated August 5, 2020 (Ruggles, Maegan) |
| Filing 107 CERTIFICATE OF SERVICE by The Queen's Medical Center Joinder in 1) Plaintiffs' First Request for Answers to Interrogatories and 2) Plaintiffs' Request for Production of Documents and Things to Defendant United States of America, dated December 6, 2019 (Ruggles, Maegan) |
| Filing 106 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs' Rebuttal Expert Witness Disclosures) (Fricke, Robert) |
| Filing 105 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: (1) Plaintiffs Second Request for Answers to Interrogatories to Defendant United States of America; and (2) Plaintiffs Second Request for Production of Documents and Things to Defendant United States of America) (Fricke, Robert) |
| Filing 104 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs Third Request for Production of Documents and Things to Defendant The Queens Medical Center) (Fricke, Robert) |
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Filing 103
FIRST STIPULATION TO EXTEND DISCOVERY DEADLINE AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 7/31/2020. ( Discovery due by 9/16/2020.) (emt, )
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| Filing 102 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs Notice of Taking Videotaped Deposition Upon Oral Examination Melissa Alsbergas, C.R.N.A.) (Fricke, Robert) |
| Filing 101 EP: TELEPHONE CONFERENCE held. Parties confirm mediation with Keith Hunter scheduled for 10/19/2020. Discussion had concerning [ECF 77] Defendant United States of America's Motion for Summary Judgment set for hearing 09/08/2020 at 10:00 a.m. before Chief Judge Seabright. Court to convene conference following the scheduled hearing to discuss continuance of trial and other deadlines and possible consent to trial by magistrate judge. By agreement and the Court's finding of good cause, the deadline for expert disclosures to rebut Defendant United States of Americas expert disclosure (due 9/22/2020) is extended to 10/22/2020. At request of the parties, the Court VACATES the Settlement Conference scheduled for 08/10/2020 at 10:00 a.m. before Magistrate Judge Trader. Confidential Telephone Conference is scheduled for 09/16/2020 at 9:30 a.m. before Magistrate Judge Trader. Courtroom Manager to provide dial-in instructions. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 100 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: (1) Plaintiffs Notice of Taking Videotaped Deposition Upon Oral Examination - David Alam, M.D.; (2) Plaintiffs Notice of Taking Videotaped Deposition Upon Oral Examination - Viren Punja, M.D.; (3) Plaintiffs Notice of Taking Videotaped Deposition Upon Oral Examination - Janelle Fujii, RN; and (4) Plaintiffs Notice of Taking Videotaped Deposition Upon Oral Examination - Yaseen Ali, M.D.) (Fricke, Robert) |
| Filing 99 NOTICE by The Queen's Medical Center of Taking Videotape Deposition Upon Oral Examination; Certificate of Serivce The Queen's Medical Center. (Ruggles, Maegan) |
| Filing 98 NOTICE by The Queen's Medical Center of Taking Videotape Deposition Upon Oral Examination; Certificate of Serivce The Queen's Medical Center. (Ruggles, Maegan) |
| Filing 97 CERTIFICATE OF SERVICE by Hawaii Residency Programs, Inc. Re: Defendant Hawaii Residency Programs, Inc.'s Expert Witness Disclosure (Bordner, William) |
| Filing 96 CERTIFICATE OF SERVICE by The Queen's Medical Center Disclosure of Expert Witnesses; Exhibits A-G (Ruggles, Maegan) |
| Filing 95 CERTIFICATE OF SERVICE by Melissa Alsbergas, C.R.N.A. Certificate of Service Re: Defendant Melissa Alsbergas, C.R.N.A.'s Disclosure of Expert Witnesses (Van Dyke, Michael) |
| Filing 94 EO: Court sets a Telephone Conference for 07/21/2020 at 9:00 AM before MAGISTRATE JUDGE ROM TRADER.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference/hearing. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code (2070326) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as host press star (*) otherwise press pound (#).4. Press pound (#). Message will say "The host has not yet arrived, please standby."5. You will hear "At the tone state your name." You will then be connected to the Conference. (MAGISTRATE JUDGE ROM TRADER)(jp) |
| Filing 93 Email to Magistrate Judge Rom Trader from Robert K. Fricke, Esq., dated July 8, 2020, re: request for a Status Conference for purposes of discussing the trial schedule, the upcoming settlement conference set for August 10, 2020, and a mediation before Dispute Prevention & Resolution scheduled for October 19, 2020 (jo) |
| Filing 92 Return of Service on Subpoena Kaiser Permanente was served on July 2, 2020 (Ruggles, Maegan) |
| Filing 91 Return of Service on Subpoena Pali Momi Medical Center was served on July 2, 2020 (Ruggles, Maegan) |
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Filing 90
FIRST STIPULATION AND ORDER TO EXTEND DEFENDANT UNITED STATES OF AMERICA'S EXPERT WITNESS DISCLOSURES - Signed by MAGISTRATE JUDGE ROM TRADER on 7/2/2020. (jo)
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| Filing 89 CERTIFICATE OF SERVICE by The Queen's Medical Center Notice of Taking Deposition Upon Written Questions; Exhibits A-B to Kaiser Permanente (Ruggles, Maegan) |
| Filing 88 CERTIFICATE OF SERVICE by The Queen's Medical Center Notice of Taking Deposition Upon Written Questions; Exhibits A-B to Pali Momi Medical Center (Ruggles, Maegan) |
| Filing 87 NOTICE of Withdrawal of Motion by Michael J. Van Dyke on behalf of Melissa Alsbergas, C.R.N.A.. (Van Dyke, Michael) |
| Filing 86 STIPULATION FOR PARTIAL DISMISSAL WITH PREJUDICE OF PLAINTIFFS' CLAIMS FOR PUNITIVE DAMAGES AND LACK OF INFORMED CONSENT AGAINST DEFENDANT MELISSA ALSBERGAS - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/18/2020. (jo) |
| Filing 85 STATEMENT re #79 MOTION for Partial Summary Judgment DEFENDANT MELISSA ALSBERGAS, C.R.N.A.S CERTIFICATION PURSUANT TO LOCAL RULE 7.8 REGARDING HER MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PUNITIVE DAMAGES, FILED 6/10/20 [DOC. 79]; CERTIFICATE OF SERVICE filed by Melissa Alsbergas, C.R.N.A.. (Van Dyke, Michael) |
| Filing 84 EO: Given the current public health crisis, the court will notify the parties in due course whether the September 8, 2020 hearing on Defendants' motions for summary judgment, ECF Nos. #77 & #79 , will be held in court, by video conference, by telephone conference, or whether the matter will be submitted without a hearing under Local Rule 7.1(c). If all parties jointly desire one of those particular options, they may submit a letter request to Seabright_orders@hid.uscourts.gov. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 83 STATEMENT re #77 MOTION for Summary Judgment ; COS of Compliance with LR 7.8; COS filed by United States of America. (Yee, Harry) |
| Filing 82 EO: On June 9, 2020, Defendant United States filed a Motion for Summary Judgment, and on June 10, 2020, Defendant Melissa Alsbergas filed a Motion for Partial Summary Judgment. ECF Nos. #77 , #79 . Upon review, it appears that neither the United States nor Alsbergas complied with LR7.8, which requires counsel for the moving party to certify that counsel has conferred with opposing counsel prior to filing certain dispositive motions in an attempt to partially or completely resolve the need for such motion. As to each motion, if such a conference has not yet occurred, the moving Defendant is DIRECTED to confer with opposing counsel by June 17, 2020 to discuss the motion and attempt partial or complete resolution. In any event, each moving Defendant must file a statement of compliance under LR 7.8 by June 22, 2020 (or sooner, if the conference has already occurred). Moving Defendants are cautioned that continued failure to comply with the Local Rules may result in the court striking future filings. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 81 NOTICE of Hearing on Motion - #77 MOTION for Summary Judgment, and #79 MOTION for Partial Summary Judgment is set for 09/08/2020 at 10:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (rlfh) |
| Filing 80 CONCISE STATEMENT in Support re #79 MOTION for Partial Summary Judgment filed by Melissa Alsbergas, C.R.N.A.. (Attachments: #1 Declaration of Michael J. Van Dyke, #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3", #5 Certificate of Service)(Van Dyke, Michael) |
| Filing 79 MOTION for Partial Summary Judgment Michael J. Van Dyke appearing for Defendant Melissa Alsbergas, C.R.N.A. (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Van Dyke, Michael) |
| Filing 78 CONCISE STATEMENT in Support re #77 MOTION for Summary Judgment ; COS ; COS filed by United States of America. (Attachments: #1 Declaration of Joseph R. Sterbis, M.D., #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3", #5 Exhibit "4")(Yee, Harry) |
| Filing 77 MOTION for Summary Judgment ; COS Harry Yee appearing for Defendant United States of America (Attachments: #1 Memorandum in Support of Motion)(Yee, Harry) |
| Filing 76 Return of Service on Subpoena Reduce Reuse Recycling Services was served on May 29, 2020 (Cosgrove, Gail) |
| Filing 75 Return of Service on Subpoena Local 1186 IBEW was served on May 28, 2020 (Cosgrove, Gail) |
| Filing 74 Return of Service on Subpoena City Mill Co., Ltd. was served on May 28,2020 (Cosgrove, Gail) |
| Filing 73 Return of Service on Subpoena Consolidated Electrical Distributors, Inc. was served on May 28, 2020 (Cosgrove, Gail) |
| Filing 72 CERTIFICATE OF SERVICE by The Queen's Medical Center Notice of Taking Deposition Upon Written Interrogatories, Exhibits A-B (Cosgrove, Gail) |
| Filing 71 CERTIFICATE OF SERVICE by The Queen's Medical Center Notice of Taking Deposition Upon Written Interrogatories, Exhibits A-B (Cosgrove, Gail) |
| Filing 70 CERTIFICATE OF SERVICE by The Queen's Medical Center Notice of Taking Deposition Upon Written Interrogatories, Exhibits A-B (Cosgrove, Gail) |
| Filing 69 CERTIFICATE OF SERVICE by The Queen's Medical Center Notice of Taking Deposition Upon Written Interrogatories, Exhibits A-B (Cosgrove, Gail) |
| Filing 68 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs First Amended Initial Disclosures) (Fricke, Robert) |
| Filing 67 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (re Plaintiffs' Disclosure of Expert Witnesses) (Fricke, Robert) |
| Filing 66 CERTIFICATE OF SERVICE by Hawaii Residency Programs, Inc. Re: Defendant Hawaii Residency Programs, Inc.'s Response to Plaintiffs' First Request for Answers to Interrogatories Dated December 6, 2019 (Bordner, William) |
| Filing 65 NOTICE of Appearance by Stephen Robert Brzezinski on behalf of The Queen's Medical Center (Attachments: #1 Certificate of Service Certificate of Service)(Brzezinski, Stephen) |
| Filing 64 CERTIFICATE OF SERVICE by The Queen's Medical Center Response to Plaintiffs' Second Request for Production of Documents dated February 26, 2020 (Cosgrove, Gail) |
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Filing 63
FIRST STIPULATION TO EXTEND EXPERT WITNESS DISCLOSURES DEADLINE AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 3/30/2020. (jo)
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| Filing 62 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs' Second Request for Production of Documents and Things to Defendant The Queen's Medical Center) (Fricke, Robert) |
| Filing 61 CERTIFICATE OF SERVICE by Hawaii Residency Programs, Inc. Re: Response to Plaintiffs' First Request for Answers to Interrogatories Dated December 6, 2019 (Bordner, William) |
| Filing 60 CERTIFICATE OF SERVICE by The Queen's Medical Center Responses to 1) Plaintiffs First Request for Answers to Interrogatories to Defendant The Queens Medical Center and 2) Defendant The Queens Medical Centers Responses to Plaintiffs First Request for Production of Documents and Things to Defendant The Queens Medical Center (Cosgrove, Gail) |
| Filing 59 CERTIFICATE OF SERVICE by Melissa Alsbergas, C.R.N.A. [RE: (1) DEFENDANT MELISSA ALSBERGAS, C.R.N.A.S ANSWERS TO PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES; AND (2) DEFENDANT MELISSA ALSBERGAS, C.R.N.A.S RESPONSE TO PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS] (Inouye, Ryan) |
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Filing 58
STIPULATED PROTECTIVE ORDER; EXHIBIT A - Signed by MAGISTRATE JUDGE ROM TRADER on 2/12/2020. (jo)
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| Filing 57 CERTIFICATE OF SERVICE by Hawaii Residency Programs, Inc. Re: Defendant Hawaii Residency Programs, Inc.'s Response to Plaintiff's First Request for Production of Documents and Things Dated December 6, 2019 (Bordner, William) |
| Filing 56 [Proposed] STIPULATION STIPULATED PROTECTIVE ORDER by The Queen's Medical Center. (Attachments: #1 Exhibit Exhibit A)(Cosgrove, Gail) Docket Text Modified on 2/6/2020 (jo) |
| Filing 55 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: (1) Plaintiff Robin Takemotos Response to Defendant The Queens Medical Center First Request for Answers to Interrogatories to Robin Takemoto, as Personal Representative of the Estate of Tracey A. Abrisce; (2) Plaintiff Robin Takemotos Response to Defendant The Queens Medical Centers First Request for Answers to Interrogatories to Plaintiff Robin Takemoto, Individually; (3) Plaintiff Mahina Asuncions Response to Defendant The Queens Medical Centers First Request for Answers to Interrogatories to Plaintiff Mahina Asuncion, as Next Friend of Minor Children, Z.P.A., Z.K.A.-A. And Z.K.A.-A.; (4) Plaintiff Mahina Asuncions Response to Defendant The Queens Medical Centers First Request for Answers to Interrogatories to Plaintiff Mahina Asuncion, Individually; and (5) Plaintiffs Response to Defendant The Queens Medical Centers First Request for Production of Documents and Things to Plaintiffs) (Holden, Abigail) |
| Filing 54 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICAS RESPONSE TO PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS] (Yee, Harry) |
| Filing 53 CERTIFICATE OF SERVICE by United States of America [RE: DEFENDANT UNITED STATES OF AMERICAS RESPONSE TO PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES] (Yee, Harry) |
| Filing 52 AMENDED NOTICE of Change of Address by William A. Bordner on behalf of Hawaii Residency Programs, Inc.. (Bordner, William) Docket Text Modified on 1/15/2020 (jo) |
| Filing 51 NOTICE of Change of Address by William A. Bordner on behalf of Hawaii Residency Programs, Inc.. (Bordner, William) |
| Filing 50 CERTIFICATE OF SERVICE by The Queen's Medical Center Defendant The Queens Medical Centers First Request for Answers to Interrogatories to Plaintiff Robin Takemoto, as Personal Representative of the Estate of Tracey A. Abrisce (Cosgrove, Gail) |
| Filing 49 CERTIFICATE OF SERVICE by The Queen's Medical Center First Request for Answers to Interrogatories to Plaintiff (1) Robin Takemoto, Individually, (2) Mahina Asuncion, Individually, (3) Mahina Auncion, as Next Friend of Minor Children Z.P.A., Z.K.A.-A., and Z.K.A.-A., and (4) Defendant The Queens Medical Centers First Request for Production of Documents and Things to Plaintiffs (Cosgrove, Gail) Modified on 12/26/2019 Note: This document is electronically signed by "/s/ Maegan A. Ruggles" (emt, ). |
| Filing 48 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (re: Plaintiffs' First Request for Answers to Interrogatories and First Request for Production of Documents and Things to Defendant Melissa Alsbergas, C.R.N.A.).) (Fricke, Robert) |
| Filing 47 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (re: Plaintiffs' First Request for Answers to Interrogatories and First Request for Production of Documents and Things to Defendant Hawaii Residency Programs, Inc.) (Fricke, Robert) |
| Filing 46 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (re: Plaintiffs' First Request for Answers to Interrogatories and First Request for Production of Documents and Things to Defendant Queen's Medical Center) (Fricke, Robert) |
| Filing 45 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (re: Plaintiffs' First Request for Answers to Interrogatories and First Request for Production of Documents and Things to Defendant United States of America) (Fricke, Robert) |
| Filing 44 SUPPLEMENT re #32 Supplement filed by Melissa Alsbergas, C.R.N.A. by Melissa Alsbergas, C.R.N.A. Second Supplemental Initial Disclosures; Certificate of Service. (Van Dyke, Michael) |
| Filing 43 Corporate Disclosure Statement by Hawaii Residency Programs, Inc.. (Attachments: #1 Certificate of Service)(Bordner, William) |
| Filing 42 INITIAL DISCLOSURE by Hawaii Residency Programs, Inc.. (Attachments: #1 Certificate of Service)(Bordner, William) |
| Filing 41 DEMAND for Trial by Jury. (Attachments: #1 Certificate of Service)(Bordner, William) |
| Filing 40 ANSWER to #33 Amended Complaint by Hawaii Residency Programs, Inc.. (Attachments: #1 Certificate of Service)(Bordner, William) |
| Filing 39 ANSWER to #33 Amended Complaint by Melissa Alsbergas, C.R.N.A.. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service Certificate of Service)(Van Dyke, Michael) |
| Filing 38 ANSWER to #33 Amended Complaint ; COS by United States of America.(Yee, Harry) |
| Filing 37 DEMAND for Trial by Jury. (Gruebner, David) |
| Filing 36 ANSWER to #33 Amended Complaint filed October 4, 2019 by The Queen's Medical Center.(Gruebner, David) |
| Filing 35 SUMMONS Returned Executed by Mahina Asuncion, Robin Takemoto. Hawaii Residency Programs, Inc. served on 10/7/2019. (Fricke, Robert) Modified on 10/8/2019 (jo) |
| Filing 34 Summons Issued as to All Defendants (jo) |
| Filing 33 First AMENDED COMPLAINT against All Defendants, filed by Mahina Asuncion, Robin Takemoto. (Attachments: #1 Summons)(Fricke, Robert) Docket Text Modified on 10/7/2019 (jo) |
| Filing 32 SUPPLEMENT re: #26 by Melissa Alsbergas, C.R.N.A. First Supplemental Initial Disclosure. (Van Dyke, Michael) |
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Filing 31
ORDER SUBSTITUTING THE UNITED STATES OF AMERICA FOR DEFENDANT SUNGJIN SONG, M.D. - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/26/2019. Defendant Sungjin Song, M.D. terminated(jo)
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| Filing 30 NOTICE by United States of America of Substitution; COS United States of America. (Attachments: #1 Certification of Rachel S. Moriyama)(Yee, Harry) |
| Filing 29 STIPULATION FOR DISMISSAL WITHOUT PREJUDICE OF ELLIE COHEN, M.D. AS DEFENDANT AND SUBSTITUTION OF HAWAII RESIDENCY PROGRAMS, INC. AS A DEFENDANT - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/20/2019. (jo) |
| Filing 28 CERTIFICATE OF SERVICE by Mahina Asuncion, Robin Takemoto (Re: Plaintiffs' Initial Disclosures) (Fricke, Robert) |
| Filing 27 CERTIFICATE OF SERVICE by The Queen's Medical Center Initial Disclosures (Peacott-Ricardos, Alana) |
| Filing 26 INITIAL DISCLOSURE by Melissa Alsbergas, C.R.N.A.. (Van Dyke, Michael) |
| Filing 25 CERTIFICATE OF SERVICE by United States of America [Re: Defendant United States of America's Initial Disclosures] (Yee, Harry) |
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Filing 24
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 8/20/2019. (jo)
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| Filing 23 EP: Rule 16 Scheduling Conference - William Border present for Defendant Ellie Cohen, M.D., who has not yet filed an answer.Discussion had re: status of the case.Jury Selection/Trial is set for 11/10/20 @ 9:00 a.m. before Judge Seabright.Early Settlement Conference on call.Court to issue a Rule 16 Scheduling Conference Order.Dates given: Jury Selection/Trial is set for 09:00 AM on 11/10/2020 in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 9/29/2020 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 8/10/2020 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 6/10/2020. Discovery due by 9/11/2020. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 22 Scheduling Conference Statement ; Certificate of Service. (Inouye, Ryan) |
| Filing 21 Scheduling Conference Statement ; Certificate of Service. (Peacott-Ricardos, Alana) |
| Filing 20 Scheduling Conference Statement ; Certificate of Service. (Holden, Abigail) |
| Filing 19 Scheduling Conference Statement ; COS. (Yee, Harry) |
| Filing 18 REPORT of Planning Meeting ; Certificate of Service. (Fricke, Robert) |
| Filing 17 ANSWER to #1 Complaint, COS by United States of America.(Yee, Harry) |
| Filing 16 Defendant Melissa Alsbergas, C.R.N.A.'s Answer to Complaint, Filed on May 17, 2019 [Document 1]; Demand for Jury Trial; Certificate of Service ANSWER to #1 Complaint, with Jury Demand by Melissa Alsbergas, C.R.N.A.. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Van Dyke, Michael) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Mahina Asuncion, Robin Takemoto. Ellie Cohen, M.D. waiver sent on 6/25/2019, answer due 8/26/2019. (Fricke, Robert) |
| Filing 14 SUMMONS Returned Executed by Mahina Asuncion, Robin Takemoto. Defendant Melissa Alsbergas, C.R.N.A. served on 7/3/2019. (Fricke, Robert) Docket Text Modified on 7/5/2019 (jo) |
| Filing 13 EO: Pursuant to Plaintiffs' request, and by agreement of the parties, the Rule 16 Scheduling Conference set for 7/15/19 @ 9:00 AM is continued to 8/20/2019 @ 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Rule 16 Scheduling Conference statements to be filed by 8/13/19. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) |
| Filing 12 Corporate Disclosure Statement by The Queen's Medical Center. (Attachments: #1 Certificate of Service)(Peacott-Ricardos, Alana) |
| Filing 11 Defendant The Queen's Medical Center's Demand For Jury Trial ANSWER to #1 Complaint, with Jury Demand by The Queen's Medical Center. (Attachments: #1 Certificate of Service)(Peacott-Ricardos, Alana) Docket Text Modified on 6/20/2019 (jo) |
| Filing 10 Defendant The Queen's Medical Center's ANSWER to #1 Complaint, filed May 17, 2019; Certificate of Service by The Queen's Medical Center. (Attachments: #1 Certificate of Service)(Peacott-Ricardos, Alana) |
| Filing 9 SUMMONS Returned Executed by Mahina Asuncion, Robin Takemoto. Defendant United States of America served through Attorney General of the United States by Certified Mail. (Attachments: #1 Exhibit A - Certified Transmittal Letter to US Atty General, #2 Exhibit B - Return Receipt from US Atty General, #3 Certificate of Service)(Fricke, Robert) Docket Text Modified on 6/18/2019 (jo) |
| Filing 8 SUMMONS Returned Executed by Mahina Asuncion, Robin Takemoto. Defendant United States of America served on 6/4/2019 through Ann Yuuki. (Fricke, Robert) Docket Text Modified on 6/6/2019 (jo) |
| Filing 7 SUMMONS Returned Executed by Mahina Asuncion, Robin Takemoto. Defendant The Queen's Medical Center served on 5/30/2019, through Gail Cosgrove. (Fricke, Robert) Docket Text Modified on 5/31/2019 (jo) |
| Filing 6 DEMAND for Trial by Jury. (Holden, Abigail) |
| Filing 5 CIVIL Waiver of Service Packet. (Attachments: #1 AO 398- Notice of Lawsuit, #2 AO 399- Waiver of Summons)(cib) |
| Filing 4 Summons Issued as to Melissa Alsbergas, C.R.N.A., Ellie Cohen, M.D., Sungjin Song, M.D., The Queen's Medical Center, United States of America. (cib) |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 9:00AM on 7/15/2019 before MAGISTRATE JUDGE ROM TRADER. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/17/2019. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT.
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| Filing 2 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00257-JMS-RT on all further pleadings. (cib) |
| Filing 1 COMPLAINT against United States of America (Filing fee $ 400. Receipt # 0975-2203817), filed by Robin Takemoto. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Fricke, Robert) Modified on 5/20/2019 to add receipt number to docket text (cib). |
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