Baker v. Promise Regional Medical Center - Hutchinson, Inc.
Plaintiff: Susan Baker
Defendant: Promise Regional Medical Center - Hutchinson, Inc.
Petitioner: Sourk Robert
Case Number: 6:2010cv01257
Filed: July 29, 2010
Court: US District Court for the District of Kansas
Office: Wichita Office
County: XX US, Outside State
Presiding Judge: J Thomas Marten
Referring Judge: David J Waxse
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 27, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2013 Filing 142 JOURNAL ENTRY APPROVING SETTLEMENT AND ATTORNEYS' FEES. Signed by District Judge J. Thomas Marten on 3/27/2013. (aa)
March 27, 2013 Filing 141 MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: SETTLEMENT APPROVAL HEARING held on 3/27/2013. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss)
March 26, 2013 Filing 140 NOTICE of Hearing: Settlement Approval Hearing set for 3/27/13 at 1:30 PM in Courtroom 238 before District Judge J. Thomas Marten. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss)
February 15, 2013 Opinion or Order Filing 139 MEMORANDUM AND ORDER denying #136 Defendant's Motion for New Trial or Remittitur. Signed by District Judge J. Thomas Marten on 2/15/2013. (jlw)
December 11, 2012 Filing 138 RESPONSE by Plaintiff Susan Baker re #136 MOTION for New Trial or in the Alternative Motion to Alter or Amend Judgment as to Economic Damages (Warner, Thomas)
November 27, 2012 Filing 137 MEMORANDUM IN SUPPORT of #136 MOTION for New Trial or in the Alternative Motion to Alter or Amend Judgment as to Economic Damages by Defendant Promise Regional Medical Center - Hutchinson, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Birzer, Gwynne)
November 27, 2012 Filing 136 MOTION for New Trial or in the Alternative Motion to Alter or Amend Judgment as to Economic Damages by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
October 31, 2012 Filing 135 MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: JURY TRIAL began on 10/22/12 and ended on 10/31/2012. (Court Reporter Jana McKinney.) (Attachments: #1 Exhibit Sheet, #2 Witness Sheet) (alm)
October 31, 2012 Filing 134 JURY VERDICT for Plaintiff.(alm) (Additional attachment(s) added on 11/1/2012: #1 **VIEWING RESTRICTED** Unredacted Jury Verdict) (alm).
October 31, 2012 Filing 133 JURY INSTRUCTIONS.(alm)
October 31, 2012 Filing 132 JUDGMENT IN A CIVIL CASE in accordance with the jury verdict. Signed by deputy clerk on 10/31/2012. (mss)
October 31, 2012 Opinion or Order Filing 131 ORDER directing the clerk to provide lunch to the jurors. Signed by deputy clerk on 10/31/2012. (mss)
October 30, 2012 Filing 130 MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: INSTRUCTIONS CONFERENCE held on 10/30/2012. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss)
October 27, 2012 Filing 129 PARTIAL TRANSCRIPT of Trial Volume 5 held October 26, 2012 before Judge J. Thomas Marten, Court Reporter Jana McKinney, 316-315-4314, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Mr. Randy Troutt.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 1/25/2013. (jlh)
October 26, 2012 Filing 128 TRANSCRIPT of Excerpt of Trial, Volume IV, testimony of Roberta Kaplow, R.N., held October 25, 2012, before Judge J. Thomas Marten, Court Reporter Jo Wilkinson, 316-315-4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Ms. Gwynne Birzer and Mr. Randy Troutt. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 1/24/2013. (jw)
October 26, 2012 Filing 127 CERTIFICATE OF FILING OF TRANSCRIPT by Court Reporter Jo Wilkinson (jw)
October 17, 2012 Filing 126 MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: IN LIMINE CONFERENCE held on 10/17/2012. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss)
October 17, 2012 Filing 125 PROPOSED JURY INSTRUCTIONS by Promise Regional Medical Center - Hutchinson, Inc..(Birzer, Gwynne)
October 16, 2012 Filing 124 PROPOSED JURY INSTRUCTIONS by Susan Baker.(Warner, Thomas)
October 15, 2012 Filing 123 EXHIBIT LIST by Susan Baker.(Warner, Thomas)
October 15, 2012 Filing 122 NOTICE of Hearing - Jury Trial. The Court does not have consent from the parties to record this proceeding as part of the Cameras in the Courts pilot. The Jury Trial will not be recorded. (jlw) (Entered: 10/15/2012)
October 12, 2012 Filing 121 RESPONSE by Defendant Promise Regional Medical Center - Hutchinson, Inc. re #118 Second MOTION in Limine , #94 MOTION in Limine (Birzer, Gwynne)
October 12, 2012 Filing 120 RESPONSE by Plaintiff Susan Baker re #116 Amended MOTION in Limine , #95 MOTION in Limine (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Warner, Thomas)
October 9, 2012 Opinion or Order Filing 119 ORDER re #113 MOTION to Quash Subpoena filed by Robert Sourk, M.D.: Any response to the Motion to Quash shall be filed no later than October 12, 2012. A reply is not necessary. Entered by District Judge J. Thomas Marten on 10/9/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mss)
October 8, 2012 Filing 118 Second MOTION in Limine by Plaintiff Susan Baker(Warner, Thomas)
October 8, 2012 Filing 117 MEMORANDUM IN SUPPORT of #116 Amended MOTION in Limine by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
October 8, 2012 Filing 116 Amended MOTION in Limine by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
October 5, 2012 Filing 115 ENTRY OF APPEARANCE by Gerald L. Green on behalf of Sourk Robert. (Green, Gerald)
October 5, 2012 Filing 114 MEMORANDUM IN SUPPORT of #113 MOTION to Quash Subpoena by Movant Sourk Robert(Green, Gerald)
October 5, 2012 Filing 113 MOTION to Quash Subpoena by Movant Sourk Robert(Green, Gerald)
October 5, 2012 Filing 112 DISREGARD THIS ENTRY - WRONG DOCUMENT ATTACHED -- ENTRY OF APPEARANCE by Gerald L. Green on behalf of Sourk Robert. (Green, Gerald) Modified on 10/5/2012 (smg).
October 3, 2012 Opinion or Order Filing 111 ORDER: The October 17, 2012 in limine hearing will address all issues relating to the scheduled trial, including that referenced in defendant's October 2, 2012 letter to Chambers. Paragraph 15(d) of the pretrial order is hereby amended to provide that any motion in limine, other than those currently before the Court (Dkt. 94,95), shall be filed no later than October 8, 2012; responses to all in limine motions may and shall be filed no later than October 12, 2012. Entered by District Judge J. Thomas Marten on 10/3/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mss)
September 21, 2012 Filing 110 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING NOTICE of Hearing: Jury Trial set for Monday, 10/22/12, at 9:00 a.m. in Courtroom 238 (Wichita) before District Judge J. Thomas Marten. Parties are notified that this proceeding will be recorded under the Cameas in Courts pilot UNLESS one or more parties objects. To object to the recording, complete the form provided at this link (http://www.ksd.uscourts.gov/cameras-in-courts/) and return it to ksd_marten_chambers@ksd.uscourts.gov on or before 10/15/12. If there are no objections you do not need to complete the form. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jlw)
July 9, 2012 Filing 109 NOTICE OF HEARINGS: In Limine Conference set for 10/17/2012 at 02:00 PM in Courtroom 238 (JTM) before District Judge J. Thomas Marten. Jury Trial set for 10/22/2012 at 09:00 AM in Courtroom 238 (JTM) before District Judge J. Thomas Marten. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (alm)
July 3, 2012 Filing 108 MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: STATUS CONFERENCE held on 7/3/2012. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm)
June 28, 2012 Filing 107 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 7/3/2012 at 2:30 PM by Telephone with District Judge J. Thomas Marten. The dial-in conference call number has been provided to counsel.(mss)
June 19, 2012 Filing 106 NOTICE OF SERVICE by Susan Baker of Plaintiff's Expert Rebuttal Report of Dr. Gary Salzman (Warner, Thomas)
May 29, 2012 Filing 105 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of Supplemental Disclosure of Expert Witnesses (Birzer, Gwynne)
May 24, 2012 Filing 104 NOTICE by Defendant Promise Regional Medical Center - Hutchinson, Inc. of taking deposition of Michael C. Fishbein, M.D. on June 13, 2012 (Birzer, Gwynne)
May 10, 2012 Filing 103 NOTICE of Hearing: Jury Trial set for 7/24/12 at 9:00 AM in Courtroom 238 before District Judge J. Thomas Marten. Parties are notified that this proceeding will be recorded under the Cameras in Courts pilot UNLESS one or more parties objects. If there are no objections you do not need to complete the forms. To object to recording, complete the form provided at this link (http://www.ksd.uscourts.gov/cameras-in-courts/) and return it to ksd_marten_chambers@ksd.uscourts.gov on or before July 17, 2012. An in limine conference is set for 7/19/2012 at 2:30 PM in Courtroom 238 (JTM) before District Judge J. Thomas Marten. PLEASE REFER TO THE NOTICE FOR IMPORTANT FILING DEADLINES. (mss)
April 30, 2012 Filing 102 RESPONSE to #92 Objection(s) to Defendant's Witness List by Defendant Promise Regional Medical Center - Hutchinson, Inc.. (Birzer, Gwynne)
April 30, 2012 Filing 101 INDEX OF EXHIBITS by Promise Regional Medical Center - Hutchinson, Inc...(Birzer, Gwynne)
April 26, 2012 Filing 100 NOTICE OF SERVICE by Susan Baker of Plaintiff's Supplemental Response to Defendant's First Request for Production of Documents (Warner, Thomas)
April 26, 2012 Filing 99 MINUTE ENTRY for proceedings held before District Judge J. Thomas Marten: STATUS CONFERENCE by telephone held on 4/26/2012. (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm)
April 26, 2012 Filing 98 INDEX OF EXHIBITS by Plaintiff Susan Baker re #92 Objection(s) to Defendant's Amended Final Witness List. (Attachments: #1 Exhibit EXHIBIT 1, #2 Exhibit EXHIBIT 2)(Warner, Thomas)
April 24, 2012 Filing 97 NOTICE of Hearing: Status conference by telephone set for 4/26/12 at 10:30 AM with District Judge J. Thomas Marten. The dial-in conference call number has been provided to counsel. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss)
April 23, 2012 Filing 96 MEMORANDUM IN SUPPORT of #95 MOTION in Limine by Defendant Promise Regional Medical Center - Hutchinson, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Birzer, Gwynne)
April 23, 2012 Filing 95 MOTION in Limine by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
April 23, 2012 Filing 94 MOTION in Limine by Plaintiff Susan Baker(Warner, Thomas)
April 23, 2012 Opinion or Order Filing 93 PRETRIAL ORDER ENTERED. Estimated trial time 5 - 10 days; J. Thomas Marten, presiding. Signed by Magistrate Judge David J. Waxse on 4/23/2012. (aam)
April 23, 2012 Filing 92 OBJECTION(S) to #88 Witness List by Susan Baker. (Warner, Thomas)
April 23, 2012 Filing 91 Objections to Exhibits Contained in Plaintiff's Final EXHIBIT LIST by Promise Regional Medical Center - Hutchinson, Inc..(Birzer, Gwynne)
April 23, 2012 Opinion or Order Filing 90 ORDER REASSIGNING CASE. Case reassigned to District Judge J. Thomas Marten for all further proceedings. Chief Judge Kathryn H. Vratil no longer assigned to case. Signed by Chief Judge Kathryn H. Vratil on 4/23/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mm)
April 16, 2012 Filing 89 Amended Final Exhibit Disclosures EXHIBIT LIST by Promise Regional Medical Center - Hutchinson, Inc..(Birzer, Gwynne)
April 16, 2012 Filing 88 Amended Final WITNESS LIST by Promise Regional Medical Center - Hutchinson, Inc..(Birzer, Gwynne)
April 16, 2012 Filing 87 Final WITNESS LIST by Susan Baker.(Warner, Thomas)
April 16, 2012 Filing 86 Final EXHIBIT LIST by Susan Baker.(Warner, Thomas)
April 16, 2012 Filing 85 Final WITNESS LIST by Promise Regional Medical Center - Hutchinson, Inc..(Birzer, Gwynne)
April 16, 2012 Filing 84 Final EXHIBIT LIST by Promise Regional Medical Center - Hutchinson, Inc..(Birzer, Gwynne)
April 10, 2012 Filing 83 NOTICE by Defendant Promise Regional Medical Center - Hutchinson, Inc. of taking deposition of Gary A. Salzman, M.D. on April 23, 2012 (Birzer, Gwynne)
April 10, 2012 Filing 82 NOTICE by Defendant Promise Regional Medical Center - Hutchinson, Inc. of taking deposition of Roberta Kaplow, RN on April 27, 2012 (Birzer, Gwynne)
April 5, 2012 Opinion or Order Filing 81 NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Parties are notified that this proceeding will be recorded under the Cameras in Courts pilot unless one or more parties objects. To object to recording, complete the form provided at this link (http://www.ksd.uscourts.gov/cameras-in-courts/) and return it to ksd_vratil_chambers@ksd.uscourts.gov at least five days prior to the proceeding unless otherwise ordered by the judge. Status Conference set for 5/4/2012 at 04:00 PM in Wichita Courtroom (Unknown) before Chief Judge Kathryn H. Vratil. (mem)
March 30, 2012 MINUTE ENTRY for FINAL PRETRIAL CONFERENCE held before Magistrate Judge David J. Waxse on 3/30/2012. Pretrial Order (with revisions discussed at Pretrial Conference) due 4/4/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll)
March 30, 2012 Opinion or Order Filing 80 ORDER. The status conference scheduled for Monday, April 2, 2012 is continued until further order of the court. Signed by Chief Judge Kathryn H. Vratil on 3/30/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bg)
March 30, 2012 Opinion or Order Filing 79 ORDER finding as moot #76 Defendant's Motion to Extend Discovery and finding as moot #77 Defendant's Motion to Continue Trial based upon parties' agreement to take deposition of Plaintiff's experts on 4/22/12 and 4/23/12. Signed by Magistrate Judge David J. Waxse on 3/30/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aam)
March 29, 2012 Filing 78 RESPONSE by Plaintiff Susan Baker re #76 MOTION for extension of time to Extend Discovery (Warner, Thomas)
March 23, 2012 Filing 77 MOTION to Continue Trial by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
March 23, 2012 Filing 76 MOTION for extension of time to Extend Discovery by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
March 23, 2012 Opinion or Order Filing 75 ORDER overruling #45 Motion for Summary Judgment. Defendant seeks summary judgment because plaintiff did not disclose any expert testimony in support of her medical negligence claims by the disclosure deadline of October 15, 2011. See defendant's Motion For Summary Judgment (Doc. #45) filed November 23, 2011. Magistrate Judge David J. Waxse recently held that plaintiff showed excusable neglect for her failure to timely serve the expert witness disclosures and that plaintiff's disclosures on December 13, 2011 would be deemed timely under the revised discovery schedule. See Memorandum And Order (Doc. #72) filed March 16, 2012 at 7. In light of Judge Waxse's ruling, the Court overrules defendant's Motion For Summary Judgment (Doc. #45) filed November 23, 2011. Signed by Chief Judge Kathryn H. Vratil on 3/23/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bg)
March 16, 2012 Opinion or Order Filing 74 ORDER CHANGING THE TIME of Final Pretrial Conference to 9:00 AM on 3/30/2012 by Telephone before Magistrate Judge David J. Waxse. Signed by Magistrate Judge David J. Waxse on 3/16/2012. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aam)
March 16, 2012 Filing 73 DOCKET ANNOTATION: re #72 ORDER. The final pretrial conference is set for March 27, 2012 at 10:00 a.m. rather than the initially set time of 3:00 p.m. (ck)
March 16, 2012 Opinion or Order Filing 72 MEMORANDUM AND ORDER denying as moot #55 Defendant's Motion for Protective Order; granting #59 Plaintiff's Motion for Reconsideration; granting #61 Plaintiff's Motion to Strike; denying as moot #68 Defendant's Motion to Enforce Amended Scheduling Order. The Amended Scheduling Order of September 14, 2011 is hereby amended. The proposed final pretrial order is now due on March 23, 2012. The final pretrial conference is now set for March 27, 2012 at 10:00 a.m. by telephone before Magistrate Judge David J. Waxse. Signed by Magistrate Judge David J. Waxse on 3/16/2012 (aam) Modified on 3/16/2012 to give correct time of hearing. (ck).
January 10, 2012 Filing 71 RESPONSE by Plaintiff Susan Baker re #68 MOTION to Enforce Amended Scheduling Order (Warner, Thomas)
January 5, 2012 Filing 70 REPLY to Response to Motion by Plaintiff Susan Baker re: #59 MOTION for Reconsideration (Attachments: #1 Exhibit EXHIBIT 1)(Warner, Thomas)
December 28, 2011 Filing 69 MEMORANDUM IN SUPPORT of #68 MOTION to Enforce Amended Scheduling Order by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
December 28, 2011 Filing 68 MOTION to Enforce Amended Scheduling Order by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
December 28, 2011 Filing 67 RESPONSE MEMORANDUM by Defendant Promise Regional Medical Center - Hutchinson, Inc. re #59 MOTION for Reconsideration (Memorandum in Opposition) (Birzer, Gwynne) Modified title on 12/28/2011 (kao).
December 28, 2011 Filing 66 RESPONSE by Defendant Promise Regional Medical Center - Hutchinson, Inc. re #59 MOTION for Reconsideration (Birzer, Gwynne)
December 27, 2011 Filing 65 MEMORANDUM IN SUPPORT of #45 MOTION for Summary Judgment by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
December 27, 2011 Filing 64 REPLY to Response to Motion by Defendant Promise Regional Medical Center - Hutchinson, Inc. re: #45 MOTION for Summary Judgment (Birzer, Gwynne)
December 21, 2011 Filing 63 RESPONSE by Plaintiff Susan Baker re #55 MOTION for Protective Order and Plaintiff's Notice of Cancellation of Deposition (Warner, Thomas)
December 20, 2011 Filing 62 MEMORANDUM IN SUPPORT of #61 MOTION to Strike Defendant's Opposition to Plaintiff's Motion to Establish a New Discovery Schedule and Memorandum as Untimely and Improperly Filed by Plaintiff Susan Baker (Attachments: #1 Exhibit Index EXHIBIT INDEX, #2 Exhibit EXHIBIT 1)(Warner, Thomas)
December 20, 2011 Filing 61 MOTION to Strike Defendant's Opposition to Plaintiff's Motion to Establish a New Discovery Schedule and Memorandum as Untimely and Improperly Filed by Plaintiff Susan Baker(Warner, Thomas)
December 16, 2011 Filing 60 MEMORANDUM IN SUPPORT of #59 MOTION for Reconsideration by Plaintiff Susan Baker (Attachments: #1 Exhibit Index Exhibit Index, #2 Exhibit Exhibit 1 Affidavit of Tom Warner, #3 Exhibit Exhibit 2 Affidavit of Renee Blasi, #4 Exhibit Exhibit 3 Affidavit of Vesta York, #5 Exhibit Exhibit 4 Affidavit of Dr. Salzman, #6 Exhibit Exhibit 5 Affidavit of Dr. Kaplow, #7 Exhibit Exhibit 6 Affidavit of Dr. Fishbein, #8 Exhibit Exhibit 7 Harvey v. Via Christi)(Warner, Thomas)
December 16, 2011 Filing 59 MOTION for Reconsideration by Plaintiff Susan Baker(Warner, Thomas)
December 13, 2011 Filing 58 RESPONSE by Plaintiff Susan Baker re #45 MOTION for Summary Judgment (Attachments: #1 Exhibit Index EXHIBIT INDEX, #2 Exhibit EXHIBIT 1; TOM WARNER AFFIDAVIT, #3 Exhibit EXHIBIT 2, RENEE BLASI AFFIDAVIT, #4 Exhibit VESTA YORK AFFIDAVIT, #5 Exhibit DR. SALZMAN AFFIDAVIT, #6 Exhibit DR. KAPLOW AFFIDAVIT, #7 Exhibit DR. FISHBEIN AFFIDAVIT)(Warner, Thomas)
December 13, 2011 Filing 57 NOTICE OF SERVICE by Susan Baker of Expert Reports (Warner, Thomas)
December 9, 2011 Filing 56 MEMORANDUM IN SUPPORT of #55 MOTION for Protective Order by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
December 9, 2011 Filing 55 MOTION for Protective Order by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
December 9, 2011 Filing 54 MINUTE ENTRY for TELEPHONE STATUS CONFERENCE held on 12/9/2011 before Magistrate Judge David J. Waxse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
December 9, 2011 Opinion or Order Filing 53 ORDER denying #44 Plaintiff's Motion to Amend Scheduling Order for the reason that Plaintiff has failed to show excusable neglect for not timely designating an expert witness. Signed by Magistrate Judge David J. Waxse on 12/9/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
December 8, 2011 Filing 52 MEMORANDUM IN SUPPORT OF #51 RESPONSE to Motion by Defendant Promise Regional Medical Center - Hutchinson, Inc.. (Birzer, Gwynne) Modified title on 12/8/2011 (kao).
December 8, 2011 Filing 51 RESPONSE by Defendant Promise Regional Medical Center - Hutchinson, Inc. re #44 MOTION to Amend Scheduling Order TO ESTABLISH NEW DISCOVERY SCHEDULE (Birzer, Gwynne)
December 8, 2011 Opinion or Order Filing 50 ORDER Converting Pretrial Conference set for 12/09/11 to a Telephone Status Conference and a Hearing on (ECF No. 44) Plaintiff's MOTION to Amend Scheduling Order. Signed by Magistrate Judge David J. Waxse on 12/8/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aam)
December 7, 2011 Filing 49 NOTICE by Plaintiff Susan Baker of taking deposition of JENNIFER RODGERS, ARNP on DECEMBER 12, 2011 (Warner, Thomas)
November 23, 2011 Filing 48 EXHIBIT(S) IN SUPPORT of #45 MOTION for Summary Judgment by Defendant Promise Regional Medical Center - Hutchinson, Inc. (Birzer, Gwynne)
November 23, 2011 Filing 47 INDEX OF EXHIBITS by Defendant Promise Regional Medical Center - Hutchinson, Inc. re #45 MOTION for Summary Judgment (Birzer, Gwynne)
November 23, 2011 Filing 46 MEMORANDUM IN SUPPORT of #45 MOTION for Summary Judgment by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
November 23, 2011 Filing 45 MOTION for Summary Judgment by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
November 22, 2011 Filing 44 MOTION to Amend Scheduling Order TO ESTABLISH NEW DISCOVERY SCHEDULE by Plaintiff Susan Baker (Attachments: #1 Exhibit EXHIBIT 1, #2 Exhibit EXHIBIT 2, #3 Exhibit EXHIBIT 3, #4 Exhibit EXHIBIT 4)(Warner, Thomas)
November 14, 2011 Filing 43 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of Defendant Promise Regional Medical Center's Disclosure of Expert Witnesses (Troutt, Randy)
October 19, 2011 Filing 42 NOTICE by Plaintiff Susan Baker of taking deposition of VICTORIA ANN PALMATIER on OCTOBER 26, 2011 (Warner, Thomas)
October 19, 2011 Filing 41 NOTICE by Plaintiff Susan Baker of taking deposition of MARY ANN HAWKINSON, BOBBIE STARKS, VICTORIA O'NEAL AND BARB MEYER on OCTOBER 26, 2011 (Warner, Thomas)
September 14, 2011 Opinion or Order Filing 40 AMENDED SCHEDULING ORDER granting in part and denying in part #32 Defendant's Motion for Extension of Time to Designate Expert Witness and Modification of Scheduling Order, and finding as moot #39 Plaintiff's Motion to Establish a New Discovery Schedule. Discovery deadline 11/30/2011. Proposed Pretrial Order due by 12/2/2011. Final Pretrial Conference set for 12/9/2011 at 03:00 PM by Telephone before Magistrate Judge David J. Waxse. Dispositive motion deadline 12/30/2011. Status Conference set for 4/2/2012 at 01:00 PM in Room 529 before Chief Judge Kathryn H. Vratil. Jury Trial set for 5/7/2012 at 09:30 AM in Courtroom 476 before Chief Judge Kathryn H. Vratil. Signed by Magistrate Judge David J. Waxse on 9/14/2011. (aam)
August 31, 2011 Filing 39 Second MOTION to Amend Scheduling Order by Plaintiff Susan Baker(Warner, Thomas)
August 26, 2011 Filing 38 NOTICE OF SERVICE by Susan Baker of Plaintiff's Response to Defendant's First Request for Admissions (Warner, Thomas)
August 26, 2011 Filing 37 NOTICE by Plaintiff Susan Baker of taking deposition of Victoria Cooper and Sonya Teach on August 30 (Warner, Thomas)
August 23, 2011 Filing 36 NOTICE by Plaintiff Susan Baker of taking deposition of DR. ROBERT SOURK on AUGUST 24, 2011 (Warner, Thomas)
August 23, 2011 Filing 35 NOTICE by Plaintiff Susan Baker of taking deposition of DR. JAMES ISAAC on AUGUST 23, 2011 (Warner, Thomas)
August 17, 2011 Filing 34 NOTICE by Plaintiff Susan Baker of taking deposition of DR. REX DEGNER on AUGUST 18, 2011 (Warner, Thomas)
August 17, 2011 Filing 33 NOTICE by Plaintiff Susan Baker of taking deposition of MOLLY FORAN, THERESA COLBURN, JOHN MILLER AND PATRICIA LISENBY on AUGUST 18, 2011 (Warner, Thomas)
August 9, 2011 Filing 32 MOTION for extension of time to Designate Expert Witness and Modification of Scheduling Order by Defendant Promise Regional Medical Center - Hutchinson, Inc.(Birzer, Gwynne)
July 27, 2011 Filing 31 NOTICE OF SERVICE by Susan Baker of Notice of Compliance for Plaintiff's Response to Defendant's Second Set of Interrogatories (Warner, Thomas)
July 27, 2011 Filing 30 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of 1st Request for Admissions to Plaintiff (Birzer, Gwynne)
July 27, 2011 Opinion or Order Filing 29 ORDER AUTHORIZING DISCLOSURE OF PROTECTED HEALTH INFORMATION PURSUANT TO HIPAA, NOTIFICATION AND WAIVER OF PHYSICIAN PATIENT PRIVILEGE, AND QUALIFIED PROTECTIVE ORDER. Signed by Magistrate Judge David J. Waxse on 7/27/2011. (byk)
July 14, 2011 Filing 28 NOTICE by Defendant Promise Regional Medical Center - Hutchinson, Inc. of taking deposition of Bonnie Sarff on 07/29/2011 (Birzer, Gwynne)
July 14, 2011 Filing 27 NOTICE by Defendant Promise Regional Medical Center - Hutchinson, Inc. of taking deposition of Susan Baker on 07/29/2011 (Birzer, Gwynne)
July 7, 2011 Opinion or Order Filing 26 ORDER denying #24 Motion to Amend Scheduling Order without prejudice for failure to provide sufficient cause for granting it and failure to provide sufficient explanation on what additional time is needed. Signed by Magistrate Judge David J. Waxse on 7/7/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mm)
June 27, 2011 Filing 25 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of Answers to 1st Interrogatories and Responses to 1st Request for Production (Birzer, Gwynne)
June 13, 2011 Filing 24 MOTION to Amend Scheduling Order by Plaintiff Susan Baker (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Warner, Thomas)
May 18, 2011 Filing 23 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of Response to Request for Admissions (Birzer, Gwynne)
May 2, 2011 Filing 22 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of 2nd Set of Interrogatories to Plaintiff (Birzer, Gwynne)
April 15, 2011 Filing 21 NOTICE OF SERVICE by Susan Baker of Discovery to Defendant (Warner, Thomas)
April 15, 2011 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time. Disclosures required by Fed. R. Civ. P. 26(a)(2), including reports from retained experts, are due from Plaintiffs by 6/14/2011 and from Defendant by 8/12/2011. Entered by Magistrate Judge David J. Waxse on 4/15/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mh)
April 14, 2011 Filing 19 MOTION for extension of time for Expert Deadlines by Plaintiff Susan Baker(Warner, Thomas)
April 14, 2011 Filing 18 NOTICE of Compliance by Susan Baker (Warner, Thomas)
February 3, 2011 Filing 17 NOTICE of Comparative Fault Identification by Promise Regional Medical Center - Hutchinson, Inc. (Birzer, Gwynne)
January 14, 2011 Filing 16 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of Rule 26(a)(1) Statement of Initial Disclosures Upon Plaintiff. (Troutt, Randy)
January 14, 2011 Filing 15 NOTICE OF SERVICE by Susan Baker of Initial Disclosures. (Warner, Thomas)
December 20, 2010 Opinion or Order Filing 14 SCHEDULING ORDER: Mediation deadline 7/31/2011. Discovery deadline 8/31/2011. Proposed Pretrial Order due by 9/8/2011. Final Pretrial Conference set for 9/15/2011 at 11:00 AM by telephone before Magistrate Judge David J. Waxse. Dispositive motion deadline 9/30/2011. Jury Trial set for 2/6/2012 at 09:30 AM before Chief Judge Kathryn H. Vratil. Estimated trial time 7 days. SEE ORDER FOR ADDITIONAL DEADLINES. Signed by Magistrate Judge David J. Waxse on 12/20/2010. (mh)
December 13, 2010 MINUTE ENTRY for Telephone Scheduling Conference held before Magistrate Judge David J. Waxse on 12/13/2010. Written Scheduling Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll)
December 7, 2010 Opinion or Order Filing 13 ORDER granting #11 Motion for Order. The parties are granted leave to submit the Report of Parties' Planning Conference out of time. As the Court's 10/20/2010 Order directed, the report is to be submitted electronically in.pdf format as an attachment to an Internet e-mail sent to ksd_waxse_chambers@ksd.uscourts.gov, and is not to be filed with the Clerk's Office. The report shall be submitted via e-mail no later than 12/7/2010. Signed by Magistrate Judge David J. Waxse on 12/7/2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
December 7, 2010 Opinion or Order Filing 12 ORDER: Counsel and their party(ies)/party representative(s) are required to participate in the telephone scheduling conference on 12/13/2010 at 11:00 AM CST. (Refer to the first paragraph of #10 Order Setting Scheduling Conference, and Footnote 1 and Attachment #1 thereto.) Participants shall dial-in to the conference call at 913-735-2279. Entered by deputy clerk on 12/7/10. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll)
December 7, 2010 Filing 11 MOTION for Order Granting Motion to File Report of Parties' Planning Conference Out of Time by Defendant Promise Regional Medical Center - Hutchinson, Inc. (Attachments: #1 Exhibit A)(Birzer, Gwynne)
October 20, 2010 Opinion or Order Filing 10 ORDER SETTING SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 12/13/2010 at 11:00 AM before Magistrate Judge David J. Waxse. Report of Parties Planning Meeting deadline 12/6/2010. Signed by Magistrate Judge David J. Waxse on 10/20/10. (Attachment #(1): Letter to Counsel of Record and Pro Se Parties) (ll)
September 7, 2010 Filing 9 NOTICE OF SERVICE by Promise Regional Medical Center - Hutchinson, Inc. of Discovery (Birzer, Gwynne)
September 7, 2010 Filing 8 DEMAND FOR TRIAL BY JURY by Promise Regional Medical Center - Hutchinson, Inc.. (Birzer, Gwynne)
September 7, 2010 Filing 7 DESIGNATION OF PLACE OF TRIAL filed by Defendant Promise Regional Medical Center - Hutchinson, Inc. - trial to be held in Wichita. (Birzer, Gwynne)
September 7, 2010 Filing 6 ANSWER to #1 Complaint by Promise Regional Medical Center - Hutchinson, Inc..(Birzer, Gwynne)
August 10, 2010 Filing 5 ENTRY OF APPEARANCE by Gwynne Harris Birzer on behalf of Promise Regional Medical Center - Hutchinson, Inc.. (Birzer, Gwynne)
August 4, 2010 Filing 4 CLERKS ORDER EXTENDING TIME until 9/7/2010 for Defendant Promise Regional Medical Center - Hutchinson, Inc. to answer or otherwise plead. Signed by deputy clerk on 8/4/2010.(adw)
August 4, 2010 Filing 3 ENTRY OF APPEARANCE by Randy J. Troutt on behalf of Promise Regional Medical Center - Hutchinson, Inc.. (Troutt, Randy)
July 30, 2010 FILING FEE PAID: in the amount of $350.00, receipt number W4631003666. (adw)
July 30, 2010 SUMMONS ISSUED as to Promise Regional Medical Center - Hutchinson, Inc. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (adw)
July 29, 2010 Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff Susan Baker. (adw)
July 29, 2010 Filing 1 COMPLAINT (Summons Issued) with trial location of Wichita, filed by Susan Baker.(adw)

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Petitioner: Sourk Robert
Represented By: Gerald L. Green
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Plaintiff: Susan Baker
Represented By: Gerard C. Scott
Represented By: Thomas M. Warner, Jr.
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Defendant: Promise Regional Medical Center - Hutchinson, Inc.
Represented By: Gwynne Harris Birzer
Represented By: Randy J. Troutt
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