Foster et al v. USA

Foster et al v. USA

Defendant:	USA
Executor:	Michael Foster, Sara Whitaker, Amy Foster and Kamryn Stewart
Case Number:	6:2019cv00164
Filed:	July 11, 2019
Court:	US District Court for the Eastern District of Kentucky
Presiding Judge:	Hanly A Ingram
Referring Judge:	Robert E Wier
Nature of Suit:	Airplane
Cause of Action:	28 U.S.C. § 1346
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on March 30, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 24, 2021	Filing 82 ORDER re #80 Motion for Extension of Time: Accordingly, it is ORDERED that the parties' joint motion is GRANTED and the schedule set forth in the August 3, 2021 scheduling order modification (ECF #77 ) is hereby amended, extending the December 14, 2021 dispositive and Daubert motion deadline to January 7, 2022. Signed by Magistrate Judge Hanly A. Ingram on 11/24/2021. (MM)cc: COR
November 23, 2021	Filing 81 NOTICE OF FILING by USA re #80 JOINT MOTION for Extension of Time by USA Joint Motion to Extend Dispositive and Daubert Motion Deadline Proposed Order Granting Parties' Motion to Extend Dispositive and Daubert Motion Deadline (Adams, William)
November 23, 2021	Filing 80 JOINT MOTION for Extension of Time by USA Joint Motion to Extend Dispositive and Daubert Motion Deadline Motions referred to Hanly A. Ingram. (Adams, William)
October 28, 2021	***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #79 Disclosures (MM)
October 21, 2021	Filing 79 SUPPLEMENTAL DISCLOSURES plaintiff's Rule expert disclosure statement by Kamryn Stewart.(Devine, Carl)
August 24, 2021	Filing 78 DISCLOSURES by Kamryn Stewart. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Devine, Carl)
August 3, 2021	Filing 77 ORDER: IT IS HEREBY ORDERED THAT the joint motion is GRANTED. The Scheduling Order (D.E. #15 ; D.E. #23 ; D.E. #33 ) is AMENDED as follows: 1. The parties shall complete expert discovery by November 16, 2021. This deadline means, as relevant, service of written discovery calculated to secure a response by and compliant with the deadline.2. No later than December 14, 2021, counsel for the parties shall file all dispositive and Daubert motions. Signed by Magistrate Judge Hanly A. Ingram on 8/3/21. (SYD)cc: COR
August 3, 2021	***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #76 AMENDED MOTION for Extension of Time by USA and Plaintiffs to extend the expert discovery and dispositive/Daubert motions deadlines (KM)
August 3, 2021	Set/Reset Deadlines: Dispositive Motions due by 12/14/2021. Discovery due by 11/16/2021. (SYD)
August 2, 2021	Filing 76 AMENDED MOTION for Extension of Time to extend the expert discovery and dispositive/Daubert motions deadlines by USA, Sara Whitaker, Michael Foster, Amy Foster, Kamryn Stewart. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Miller, Richard) Modified to add filers on 8/3/2021 (KM).
July 29, 2021	Filing 75 ORDER re #74 JOINT MOTION for Extension of Time by USA and Plaintiffs to extend the expert discovery and dispositive/Daubert motion deadlines : Plaintiff Kamryn Stewart SHALL file a response to the motion (D.E. 74) on or before Monday, August 9, 2021. A failure to respond will be construed as indicating no objection to the motion. Signed by Magistrate Judge Hanly A. Ingram on 7/29/21.(SYD)cc: COR
July 28, 2021	Filing 74 JOINT MOTION for Extension of Time by USA and Plaintiffs to extend the expert discovery and dispositive/Daubert motion deadlines. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Miller, Richard)
June 23, 2021	Filing 73 ORDER re #72 Motion to Withdraw as Attorney: The motion being compliant with Joint Local Civil Rule 83.6, IT IS HEREBY ORDERED THAT the Motion to Withdraw (D.E. 72) is GRANTED. Signed by Magistrate Judge Hanly A. Ingram on 6/23/2021. (MM)cc: COR
June 22, 2021	Filing 72 MOTION to Withdraw as Attorney by USA of government co-counsel Andrew M. Eschen. Motions referred to Hanly A. Ingram. (Miller, Richard)
June 8, 2021	Filing 71 NOTICE of Appearance by Richard Henry Miller, III on behalf of USA (Miller, Richard)
April 16, 2021	Filing 70 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/16/2021, before Magistrate Judge Hanly A. Ingram: The Court hereby ORDERS that the show cause order (D.E. 67) is DISCHARGED as satisfied. Both sides reported the case is progressing in accordance with the existing deadlines, with the exception of taking the deposition of plaintiff, Sara Whitaker. No discovery disputes were reported. The Court ordered counsel to file a joint motion in the event they request a Court-conducted settlement conference and explained the Courts practices concerning such conferences.The Court asked counsel if any other pretrial issues required the Courts attention. Counsel informed the Court that no issues require the Courts attention at this time. No follow-up conference was deemed necessary. (Tape #KYED-LON_6-19-CV-164-REW-HAI_20210416_113156.) Signed by Hanly A. Ingram. (JMB)cc: COR
April 14, 2021	Filing 69 NOTICE OF FILING by Kamryn Stewart (Attachments: #1 Attachment)(Devine, Carl)
April 14, 2021	Filing 68 RESPONSE TO ORDER TO SHOW CAUSE by Kamryn Stewart filed by Kamryn Stewart. (Devine, Carl)
April 9, 2021	Filing 67 ORDER: This matter was scheduled for a telephonic conference on April 9, 2021, at 11:00 a.m. D.E. #60 . At the scheduled date and time, counsel for Defendant and Plaintiffs Amy Foster, Michael Foster, and Sara Whitaker appeared on the call, but counsel for Plaintiff Kamryn Stewart did not.Therefore, the Court ORDERS that on or before Wednesday, April 14, 2021, Plaintiff Kamryn Stewart's counsel SHALL file a notice in the record to show cause for failure to appear on today's call. The Court further ORDERS that the TELEPHONIC CONFERENCE is RESCHEDULED for Friday, 4/16/2021 at 11:30 AM. The call will be on the record and based out of the United States Courthouse in London, Kentucky. The dial-in information will be the same as that previously provided at Docket Entry 60. Signed by Magistrate Judge Hanly A. Ingram on 4/9/2021.(MM)cc: COR, LON D
March 24, 2021	Filing 66 ANSWER to #63 Amended Complaint Defendant United States of America's Answer, Defenses and Affirmative Defenses to Plaintiff Kamryn Stewart's Amended Complaint by USA.(Adams, William)
March 19, 2021	Filing 65 ORDER re #64 Plaintiff Sara Whitaker and Defendant United States' Joint Motion for Dismissal of Plaintiff Whitaker's Loss of Consortium Claim: Construing the notice as a request to sever a claim under Rule 211, the Court DISMISSES Whitaker's loss of consortium claim from this action, without prejudice. Signed by Judge Robert E. Wier on 3/19/2021.(MM)cc: COR
March 19, 2021	Filing 64 JOINT MOTION to Dismiss by USA Plaintiff Sara Whitaker and Defendant United States' Joint Motion for Dismissal of Plaintiff Whitaker's Loss of Consortium Claim (Attachments: #1 Exhibit Exhibit A Proposed Order of Dismissal)(Adams, William)
March 10, 2021	Filing 63 AMENDED COMPLAINT against USA, filed by Kamryn Stewart. Docketed per Order at DE #62 .(MM)
March 10, 2021	Filing 62 ORDER re #58 Motion to Amend/Correct: Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion (D.E. 58) is GRANTED. The Clerk is DIRECTED to file the Amended Complaint (D.E. 58-1) in the record. IT IS FURTHER ORDERED that the government SHALL respond to the Amended Complaint on or before March 24, 2021. Signed by Magistrate Judge Hanly A. Ingram on 3/10/2021. (MM)cc: COR
March 10, 2021	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #58 MOTION to Amend/Correct by Kamryn Stewart (MM)
March 9, 2021	Filing 61 RESPONSE to Motion re #58 MOTION to Amend/Correct by Kamryn Stewart filed by USA. (Adams, William)
February 24, 2021	Filing 60 ORDER: Because these cases have now been consolidated, IT IS HEREBY ORDERED THAT:(1) The February 26, 2021 teleconference in Foster is CANCELED. (2) The TELECONFERENCE scheduled for 4/9/2021 at 11:00 AM is CONVERTED to a consolidated Foster/Stewart mid-discovery teleconference (off the record and for counsel only). To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencingat 1-888-675-2535, to enter Access Code 8810053 (followed by "#"), and,when requested, enter the Security Code 19164 (followed by "#"). Signed by Magistrate Judge Hanly A. Ingram on 2/24/2021.(MM)cc: COR, Lon D
February 24, 2021	Filing 59 ORDER re #58 MOTION to Amend/Correct by Kamryn Stewart: IT IS HEREBY ORDERED THAT: (1) The Clerk SHALL FILE Stewart's motion in the Foster case. The parties are reminded that all filings should be made in that case. (2) Any response to the motion to amend the complaint SHALL be filed on or before Tuesday, March 9, 2021, and any party's failure to respond will be construed as indicating no objection to the motion. Signed by Magistrate Judge Hanly A. Ingram on 2/24/2021.(MM)cc: COR
February 24, 2021	Filing 58 MOTION to Amend/Correct by Kamryn Stewart. Motions referred to Hanly A. Ingram. (Attachments: #1 Attachment - Amended Complaint, #2 Proposed Order)(MM) Modified to state docketed per Order at DE 17 in 6:20-CV-115-REW-HAI and Order DE #59 of this case on 2/24/2021 (MM).
February 4, 2021	Filing 57 ANSWER to #56 Amended Complaint by USA.(Adams, William)
February 4, 2021	***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #57 Answer to Amended Complaint, #56 Amended Complaint (MRS)
January 21, 2021	Filing 56 AMENDED COMPLAINT against USA, filed by Amy Foster, Amy Foster, Sara Whitaker, Sara Whitaker, Michael Foster. Docketed Per Order at DE #55 (SYD)
January 21, 2021	Filing 55 ORDER re #48 MOTION to Amend/Correct #1 Complaint, by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker : Plaintiffs Motion (D.E. 48) is GRANTED. The Clerk is DIRECTED to file the Amended Complaint (D.E. 48-1) in the record. IT IS FURTHER ORDERED that the government SHALL file any response to the Amended Complaint on or before February 4, 2021. Signed by Magistrate Judge Hanly A. Ingram on 1/21/21.(SYD)cc: COR
January 19, 2021	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #48 MOTION to Amend/Correct #1 Complaint, by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker (KJA)
January 17, 2021	Filing 54 RESPONSE to #48 to Motion for Leave to Amend filed by USA. (Adams, William)
January 13, 2021	Filing 53 ORDER: Plaintiffs' proposed protective order (D.E. #50 ) is DENIED without prejudice to re-filing a motion that complies with the Rules discussed above. Signed by Magistrate Judge Hanly A. Ingram on 01/13/2021. (KJA)cc: COR
January 12, 2021	Filing 52 OBJECTIONS to #50 Plaintiffs' Proposed Order filed by USA. (Adams, William)
January 12, 2021	***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #52 Objections (MRS)
January 5, 2021	Filing 51 ORDER re #50 Proposed Agreed Order by and between the plaintiffs ONLY: To ensure a complete record, IT IS HEREBY ORDERED that the government SHALL file a response with any objections to the proposed protective order (D.E. 50) on or before Wednesday, January 13, 2021. Failure to respond will be construed by Court as indicating no objection to the proposed protective order (D.E. 50). Signed by Magistrate Judge Hanly A. Ingram on 1/5/2021.(MM)cc: COR
January 5, 2021	***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #50 Proposed Agreed Order by and between the plaintiffs ONLY by Amy Foster, Kamryn Stewart, Sara Whitaker (MM)
January 4, 2021	Filing 50 Proposed Agreed Order by and between the plaintiffs ONLY by Amy Foster, Kamryn Stewart, Sara Whitaker. (Queener, Henry)
January 4, 2021	Filing 49 ORDER re #48 MOTION to Amend/Correct #1 Complaint: To ensure a complete record, IT IS HEREBY ORDERED that Plaintiff Kamryn Stewart and the government SHALL file responses on or before Tuesday, January 19, 2021. Signed by Magistrate Judge Hanly A. Ingram on 1/4/2021.(MM)cc: COR
December 29, 2020	***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #48 MOTION to Amend/Correct #1 Complaint, by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker (MM)
December 28, 2020	Filing 48 MOTION to Amend/Correct #1 Complaint, by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Proposed Order)(Queener, Henry)
December 22, 2020	Filing 47 NOTICE of Appearance by James M. Bolus, Jr on behalf of Kamryn Stewart (Bolus, James)
December 22, 2020	Filing 46 NOTICE of Appearance by Michael A. Augustus on behalf of Kamryn Stewart (Augustus, Michael)
December 10, 2020	Filing 45 AGREED PROTECTIVE ORDER. See ORDER for details. Signed by Magistrate Judge Hanly A. Ingram on 12/10/2020. (MM)cc: COR
December 9, 2020	Filing 44 Proposed Agreed Order and stipulation signed by permission as to all parties by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker. (Queener, Henry)
December 3, 2020	Filing 43 ORDER: On the Court's own motion, IT IS HEREBY ORDERED THAT the MID-DISCOVERY TELECONFERENCE is RESCHEDULED to Wednesday, 2/26/2021 at 11:00 AM. The call will be off the record and for counsel only.To join the teleconference, counsel for the parties are DIRECTED to call AT&T Teleconferencing at 1-888-675-2535, to enter Access Code 8810053 (followed by "#"), and, when requested, enter the Security Code 19164 (followed by "#"). Signed by Magistrate Judge Hanly A. Ingram on 12/3/2020.(MM)cc: COR, Lon D
December 2, 2020	Filing 42 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/2/2020, before Magistrate Judge Hanly A. Ingram: This matter was scheduled for a telephonic conference regarding the Foster/Whitaker plaintiffs' motion for protective order, DE #34 . Stewart Plaintiff has objected to the protective order, DE #38 . The US does not object, DE #37 . IT IS ORDERED as follows: 1. The motion for protective order is GRANTED in part. 2. On or before December 14, 2020, counsel are DIRECTED to confer, prepare and tender a proposed protective order that modifies the existing protective order by adding "tax returns" to the existing categories of confidential information and that clarifies the order applies to Plaintiff Kamryn Stewart 3. Counsel were reminded of the steps to take in the event of discovery disputes. (Tape #KYED-LON_6-19-CV-164-REW-HAI_20201202_133238.) Signed by Hanly A. Ingram. (RBB)cc: COR
November 24, 2020	Filing 41 ORDER: The Court HEREBY SCHEDULES a TELEPHONIC CONFERENCE, on the record, for counsel only, Wednesday, 12/2/2020 at 01:30 PM. To join the teleconference, counsel for the parties are DIRECTED to call AT&T Teleconferencing at 1-888-675-2535, to enter Access Code 8810053 (followed by "#"), and, when requested, enter the Security Code 19164 (followed by "#"). All counsel SHALL be prepared to address the representation in the Motion that "the proposed order [was circulated] among all other counsel in this case, [but moving counsel did not receive] any requested changes or objections to its terms." D.E. #34 at 2. Signed by Magistrate Judge Hanly A. Ingram on 11/24/2020.(MM)cc: COR, LON D
November 24, 2020	Filing 40 ORDER: Hon. James L. Deckard and Aaron D. Reedy have moved to withdraw as attorneys of record for the Plaintiff Kamryn Stewart. D.E. #39 . The motion states that "Ms. Stewart has discharged Movants from further representation, and she consents to undersigned counsel's withdrawal, evidenced by her signature on this Motion." Id. The motion being compliant with Joint Local Civil Rule 83.6(a), IT IS HEREBY ORDERED THAT the Motion to Withdraw (D.E. #39 ) is GRANTED. Signed by Magistrate Judge Hanly A. Ingram on 11/24/2020. (MM)cc: COR
November 24, 2020	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #39 MOTION to Withdraw as Attorney by Kamryn Stewart (MM)
November 23, 2020	Filing 39 MOTION to Withdraw as Attorney by Kamryn Stewart Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Deckard, James)
November 20, 2020	Filing 38 REPLY to Response to Motion re #34 MOTION for Protective Order by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker filed by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker. (Queener, Henry)
November 20, 2020	Filing 37 RESPONSE to Motion re #34 MOTION for Protective Order by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker filed by USA. (Adams, William)
November 20, 2020	Filing 36 RESPONSE in Opposition re #34 MOTION for Protective Order by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker filed by Kamryn Stewart. (Attachments: #1 Exhibit - Protective Order, #2 Proposed Order)(Devine, Carl) Modified text on 11/23/2020 (MM).
November 13, 2020	Filing 35 ORDER: On November 12, 2020, Plaintiffs, through counsel, filed a motion to amend the Agreed Protective Order (D.E. #17 ). D.E. #34 . To ensure a complete record, IT IS HEREBY ORDERED that the government SHALL file a response on or before Friday, November 20, 2020. Signed by Magistrate Judge Hanly A. Ingram on 11/13/2020.(MM)cc: COR
November 13, 2020	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #34 MOTION for Protective Order by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker (MM)
November 12, 2020	Filing 34 MOTION for Protective Order by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Queener, Henry)
October 19, 2020	Filing 33 ORDER re #32 Stipulation : 1. The parties shall complete all liability and damages fact discovery by April 30, 2021. This deadline means, as relevant, service of written discovery calculated to secure a response by and compliant with the deadline. The parties shall complete expert discovery by September 17, 2021.2. Per Rule 26(a)(2), no later than May 19, 2021, Plaintiff shall disclose the identity of expert witnesses who may be used at trial, accompanied by written reports signed by the Rule 26(a)(2)(B) expert witnesses and/or written summaries consistent with Rule 26(a)(2)(C), as applicable, all in compliance with the rule. These disclosures need not be filed in the Court record. No later than July 19, 2021, Defendants shall provide same.3. No later than October 15, 2021, counsel for the parties shall file all dispositive and Daubert motions. 4. Court declines to schedule a pretrial conference, trial, or deadlines for related filings at this time. Signed by Magistrate Judge Hanly A. Ingram on 10/19/20.(SYD)cc: COR
October 19, 2020	***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #32 Stipulation (MM)
October 16, 2020	Filing 32 STIPULATION re #31 Order, Parties' Stipulations and Proposed Scheduling Order by Kamryn Stewart. (Attachments: #1 Proposed Order Exhibit 1 - Proposed Scheduling Order)(Reedy, Aaron) Modified text on 10/19/2020 (MM).
October 1, 2020	Filing 31 ORDER: 1. granting #28 USA's Motion to Consolidate Cases; 2. The present action and the action styled Kamryn Stewart v. United States of America No. 6:20-cv-00115-REW-HAI, shall be consolidated by the Clerk of Court for all pretrial and liability trial purposes; (3) The present action shall be designated as the lead case and all future filings shall be filed under that caption; and (4) (4) Within fourteen (14) days of entry of this Order, the parties in the consolidated actions shall conduct a telephonic scheduling conference to discuss discovery issues and new deadlines in the consolidated action and submit a proposed new scheduling order to the Court. The proposed scheduling order SHALL address whether discovery and damages will be consolidated and propose deadlines contemplating two trial scenarios concerning damages (1) consolidated and (2) bifurcated. Signed by Magistrate Judge Hanly A. Ingram on 10/1/20. (SYD)cc: COR
October 1, 2020	Party Kamryn Stewart added. (SYD)
September 25, 2020	***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #30 Response to Motion (MM)
September 24, 2020	Filing 30 RESPONSE to Motion re #28 MOTION to Consolidate Cases by USA filed by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker. (Queener, Henry)
September 21, 2020	Filing 29 ORDER: IT IS HEREBY ORDERED THAT Plaintiffs SHALL RESPOND to the motion to consolidate (D.E. #28 ) on or before Friday, October 2, 2020. The Court will interpret a lack of response as an absence of objection to the motion. Signed by Magistrate Judge Hanly A. Ingram on 9/21/2020.(MM)cc: COR
September 21, 2020	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #28 MOTION to Consolidate Cases by USA (MM)
September 18, 2020	Filing 28 MOTION to Consolidate Cases by USA Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Ex. 1: Stewart Complaint, #2 Proposed Order Ex. 2: Proposed Order)(Adams, William)
August 24, 2020	Filing 27 ORDER: The motion being compliant with Joint Local Civil Rule 83.6(b), IT IS HEREBY ORDERED THAT Ms. Steer's Renewed Motion to Withdraw (D.E. #26 ) is GRANTED. Signed by Magistrate Judge Hanly A. Ingram on 8/24/2020. (MM)cc: COR
August 22, 2020	Filing 26 SECOND MOTION to Withdraw as Attorney by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker (Renewed) of Attorney Nancy R. Steer Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Letter from Nancy Steer to all Plaintiffs confirming withdrawal, #2 Proposed Order Granting Motion to Withdraw of Attorney Nancy Steer)(Steer, Nancy)
August 20, 2020	Filing 25 ORDER: Accordingly, IT IS HEREBY ORDERED that the motion to withdraw at Docket Entry #24 is DENIED without prejudice to the submission of a motion that complies with Local Rule 83.6(b). Signed by Magistrate Judge Hanly A. Ingram on 8/20/2020. (MM)cc: COR
August 19, 2020	Filing 24 MOTION to Withdraw as Attorney by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker of Attorney Nancy R. Steer Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Letter from Nancy Steer to All Plaintiffs regarding intent to file motion to withdraw, #2 Proposed Order Granting Motion to Withdraw of Attorney Nancy Steer)(Steer, Nancy)
August 19, 2020	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #24 MOTION to Withdraw as Attorney by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker of Attorney Nancy R. Steer (MM)
April 27, 2020	Filing 23 ORDER GRANTING JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES: Accordingly, it is ORDERED that the Joint Motion to Extend Scheduling Order Deadlines is GRANTED, and the schedule set forth in the November 4, 2019 Scheduling Order (ECF #15 ), is hereby amended, extending all dates by 120 days as follows: a. Fact discovery deadline: The June 29, 2020 deadline is extended to October 29, 2020; b. Plaintiff' Rule 26(a)(2) expert identification and disclosures: TheJuly 10, 2020 deadline is extended to November 10, 2020;c. Defendant's Rule 26(a)(2) expert identification and disclosures: The September 11, 2020 deadline is extended to January 11, 2021; d. Expert and damages discovery deadline: The November 11, 2020 deadline is extended to March 11, 2021; and e. Dispositive and Daubert motions filing deadline: The December 11, 2020 deadline is extended to April 12, 2021. Signed by Magistrate Judge Hanly A. Ingram on 4/27/2020. (MM)cc: COR
April 24, 2020	Filing 22 JOINT MOTION for Extension of Time by USA, Amy Foster, Sara Whitaker and Michael Foster, Joint Motion to Extend Scheduling Order Deadlines Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Exhibit A - Proposed Order)(Adams, William) Modified on 4/24/2020 to add additional filers. (RBB).
April 24, 2020	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #22 JOINT MOTION for Extension of Time by USA Joint Motion to Extend Scheduling Order Deadlines (RBB)
February 28, 2020	Filing 21 MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE CALL held on 2/28/2020 before Magistrate Judge Hanly A. Ingram: This matter was called for a telephonic conference with counsel participating as noted. No follow-up conference was deemed necessary. Counsel advised the Court that the case is proceeding according to the deadlines set forth in the Scheduling Order. Counsel advised the Court that no discovery issues currently require the Court's attention. The Court directed the parties to follow the discovery dispute resolution procedure in the scheduling order if disputes arise. The Court addressed the possibility of settlement before trial, and advised counsel that a magistrate judge may promptly conduct a settlement conference upon joint motion of the parties. The Court asked counsel if any other pretrial issues required the Court's attention. Counsel informed the Court that no other issues require the Court's attention at this time. Signed by Hanly A. Ingram. (MM)cc: COR
February 6, 2020	Filing 20 ORDER PERMITTING PRODUCTION OF CERTAIN RECORDS PROTECTED BY THE PRIVACY ACT: It is ORDERED that the United States' Unopposed Motion for Order Permitting Production of Certain Records Protected by the Privacy Act is GRANTED. re #19 Motion permitting produciton of certain records. Signed by Magistrate Judge Hanly A. Ingram on 02/06/2020. (KJA)cc: COR
February 5, 2020	***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #19 MOTION For Order Permitting Production of Certain Records Protected by the Privacy Act by USA (MM)
February 5, 2020	Filing 19 MOTION For Order Permitting Production of Certain Records Protected by the Privacy Act by USA Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Exhibit 1 - Proposed Order Permitting Production of Certain Records Protected by the Privacy Act)(Adams, William)
January 31, 2020	Filing 18 NOTICE OF APPEARANCE by USA. (Adams, William)
November 7, 2019	Filing 17 AGREED PROTECTIVE ORDER. See ORDER for details. Signed by Magistrate Judge Hanly A. Ingram on 11/07/2019.(KJA)cc: COR
November 7, 2019	Filing 16 ORDER: The Court HEREBY ORDERS that a TELEPHONIC STATUS CONFERENCE set for 2/28/2020 at 11:30 AM in LONDON before Magistrate Judge Hanly A. Ingram. The call will be off the record (based in London) and for counsel only. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing at 1-888-675-2535, to enter Access Code 8810053 (followed by "#"), and, when requested, enter the Security Code 19164 (followed by "#"). re #15 Scheduling Order. Signed by Magistrate Judge Hanly A. Ingram on 11/07/2019.(KJA)cc: COR, London Diary
November 4, 2019	Filing 15 SCHEDULING ORDER:1. Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure. 2. Per 28 U.S.C. 636(b) and Fed. R. Civ. P. 72, Court refers case to USMJ to resolve non-dispositive motions, manage discovery, pretrial issues, conduct mid-discovery telephonic conference and conduct settlement conference. 3. Discovery disputes to be resolved as stated. 4. parties exchange Rule 26(a)(1) disclosures by 11/25/2019, supplementation pursuant to 26(e).; 5. Parties suggest bifurcation of discover. The Magistrate Judge shall include as a subject of mid-discovery call (or hearing, if apt). 6. Motion to amend or join parties by parties by 01/24/2020. 7. Discovery by 06/29/2020. 8. Rule 26(a)(2) reports due from Plaintiff by 06/10/2020 and from Defendant by 09/11/2020. 9. Complete expert discovery by 11/11/2020. 10. Dispositive and Daubert motions due by 12/11/2020. 11. Court declines to schedule pretrial, trial or deadlines at this time. 12. Case scheduled built on party input. Modification is disfavored. Signed by Judge Robert E. Wier on 11/04/2019.(MM)cc: COR
October 24, 2019	Filing 14 JOINT REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order PARTIES STIPULATIONS AND PROPOSED PROTECTIVE ORDER)(Eschen, Andrew)
October 24, 2019	***FILE SUBMITTED TO CHAMBERS of ROBERT E. WIER for review: #14 Report of Rule 26(f) Planning Meeting (PROPOSED PROTECTIVE ORDER) (SYD)
October 2, 2019	Filing 13 NOTICE of Appearance by Jerome L. Skinner on behalf of Amy Foster, Amy Foster, Michael Foster (Skinner, Jerome)
October 1, 2019	Filing 12 ORDER FOR MEETING AND REPORT: 1. Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. 2. Within 14 days of the meeting, the parties shall file a joint status report. Signed by Judge Robert E. Wier on 10/1/2019. (Attachments: #1 MJ Consent Form)(MM)cc: COR
September 20, 2019	Filing 11 ANSWER to #1 Complaint, Defenses and Affirmative Defenses by USA.(Eschen, Andrew)
August 9, 2019	Filing 10 SUMMONS Returned Executed by Amy Foster, Amy Foster, Sara Whitaker, Sara Whitaker, Michael Foster via Certified Mail to All Defendants. Service to U.S. Attorney executed via Certified MailService to U.S. Attorney General executed via Certified Mail (Queener, Henry)
August 8, 2019	Filing 9 ORDER granting #8 SECOND MOTION for Nancy R. Steer to Appear Pro Hac Vice: Accordingly, the Court GRANTS the motion (DE #8 ) and permits Hon. Nancy Rankin Steer, of the law firm QUEENERLAW, to serve as pro hac vice counsel for Plaintiffs. Signed by Judge Robert E. Wier on 08/08/2019. (MM)cc: COR, paper copy to Nancy R. Steer w/ copy of Mandatory ECF General Order & ECF. Modified text on 8/8/2019 (MM).
August 8, 2019	NOTICE OF DOCKET MODIFICATION TO Henry Queener re #8 SECOND MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker : Error: attachment was insufficiently described as Exhibit. Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (SYD)
August 8, 2019	***MOTION SUBMITTED TO CHAMBERS of ROBERT E. WIER for review: re #8 SECOND MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker ( Filing fee $125; receipt number 0643-4432478) (SYD)
August 7, 2019	Filing 8 SECOND MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker ( Filing fee $125; receipt number 0643-4432478) (Attachments: #1 Exhibit-Certificate of Good Standing (TN), #2 Proposed Order)(Queener, Henry) Named Exhibit on 8/8/2019 (SYD).
August 1, 2019	Filing 7 ORDER: as to #5 Motion to Appear Pro Hac Vice, the Court DENIES without prejudice. Signed by Judge Robert E. Wier on 08/01/2019. (MM)cc: COR, Order mailed to Attorney Nancy R. Steer. Modified text on 8/2/2019 (MM).
July 31, 2019	Filing 6 NOTICE OF FILING by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker re #5 MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker ( Filing fee $125; receipt number 0643-4424118) (Attachments: #1 Exhibit Letter of Good Standing)(Queener, Henry)
July 31, 2019	Clerk's Note: Clerk unable to create attorney profile as to Nancy R. Steer. No address or contact information provided in #5 MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Michael Foster, Sara Whitaker. (SCD)
July 30, 2019	Filing 5 MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker ( Filing fee $125; receipt number 0643-4424118) (Attachments: #1 Proposed Order)(Queener, Henry)
July 30, 2019	BAR STATUS Check completed as to Nancy R. Steer re #5 MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker ( Filing fee $125; receipt number 0643-4424118). (RBB)
July 30, 2019	Attorney Update. Attorney Nancy R. Steer for Amy Foster,Nancy R. Steer for Amy Foster,Nancy R. Steer for Michael Foster,Nancy R. Steer for Sara Whitaker,Nancy R. Steer for Sara Whitaker added. (RBB)
July 30, 2019	***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #5 MOTION for Nancy R. Steer to Appear Pro Hac Vice by Amy Foster, Amy Foster, Michael Foster, Sara Whitaker, Sara Whitaker ( Filing fee $125; receipt number 0643-4424118) (RBB)
July 12, 2019	Filing 4 ORDER : the Court ORDERS that DE #1 will remain preliminarily sealed until July 19, 2019. Prior to that date, the plaintiffs may file an amended complaint using only the minors initials, at which time the Clerk will strike DE 1 from the record. Otherwise, the Clerk will unseal DE #1 in its current form. Signed by Judge Robert E. Wier on 7/12/19.(MRS)cc: COR
July 12, 2019	Conflict Check run. (MM)
July 11, 2019	Filing 3 Summons Issued as to USA, U.S. Attorney and U.S. Attorney General. Summons issued and returned electronically to counsel (MM)
July 11, 2019	Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4408458), filed by Amy Foster, Amy Foster, Sara Whitaker, Sara Whitaker, Michael Foster. (Attachments: #1 Proposed Summons to USA, #2 Civil Cover Sheet)(MRS)

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Search for this case: Foster et al v. USA
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Executor: Michael Foster
Represented By:	Henry Shere Queener
Represented By:	Nancy Rankin Steer
Represented By:	Jerome L. Skinner
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Executor: Sara Whitaker
Represented By:	Henry Shere Queener
Represented By:	Nancy Rankin Steer
Represented By:	Jerome L. Skinner
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Executor: Amy Foster
Represented By:	Henry Shere Queener
Represented By:	Nancy Rankin Steer
Represented By:	Jerome L. Skinner
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Executor: Kamryn Stewart
Represented By:	Aaron Davis Reedy
Represented By:	Carl D. Devine
Represented By:	James Lee Deckard
Represented By:	Michael A. Augustus
Represented By:	James M. Bolus, Jr.
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Defendant: USA
Represented By:	Andrew Mark Eschen
Represented By:	Tiffany Konwiczka Fleming, AUSA
Represented By:	William D. Adams
Represented By:	Richard Henry Miller, III
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