Morgan et al v. Orthopaedic Associates Of Southeast Missouri, P.C. et al
Plaintiff: Michael Morgan and Laurie Morgan
Defendant: Bernard C. Burns and Orthopaedic Associates Of Southeast Missouri, P.C.
Case Number: 1:2012cv00136
Filed: August 2, 2012
Court: US District Court for the Eastern District of Missouri
Office: Cape Girardeau Office
County: St. Louis - City
Presiding Judge: Carol E Jackson
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 25, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2014 Filing 66 Bill of Costs Taxed in the amount of $5,244.63 pursuant to Memorandum & Order of 7/24/14 (doc. #65) against plaintiffs re: #62 MOTION for Bill of Costs filed by Orthopaedic Associates Of Southeast Missouri, P.C., Bernard C. Burns. (CSG)
July 24, 2014 Opinion or Order Filing 65 MEMORANDUM AND ORDER re: #62 MOTION for Bill of Costs filed by Defendant Orthopaedic Associates Of Southeast Missouri, P.C., Defendant Bernard C. Burns. IT IS HEREBY ORDERED that defendants' motion for taxation of bill of costs [Doc. #62] is granted in part. IT IS FURTHER ORDERED that the Clerk of Court shall tax costs in favor of defendants and against plaintiff in the amount of $5,244.63. Signed by District Judge Carol E. Jackson on 7/24/14. (CSG)
July 9, 2014 Filing 64 MEMORANDUM in Support of Motion re #62 MOTION for Bill of Costs filed by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Attachments: #1 Exhibit Ex A Memo in Support Bill of Costs, #2 Exhibit Ex B Memo in Support Bill of Costs, #3 Exhibit Ex C Memo in Support Bill of Costs)(Blanton, Joseph)
July 2, 2014 Filing 63 OBJECTION to #62 Bill of Costs filed by Plaintiff Michael Morgan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Dowd, Douglas)
June 25, 2014 Filing 62 MOTION for Bill of Costs by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
June 17, 2014 Opinion or Order Filing 61 JUDGMENT in favor of Orthopaedic Associates Of Southeast Missouri, P.C., Bernard C. Burns against Michael Morgan. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of defendants Bernard C. Burns and Orthopaedic Associates of Southeast Missouri, P.C., and against plaintiff Michael Morgan. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the claim ofplaintiff Laurie Morgan is dismissed. Costs shall be borne by plaintiff Michael Morgan. Signed by District Judge Carol E. Jackson on 6/17/14. (CSG)
June 17, 2014 Filing 60 MEMORANDUM OPINION: Based on the foregoing, the Court finds that plaintiff has not established by a preponderance of the evidence that Dr. Burns breached the standard of care by failing to diagnose his infection, sending him home from the hospital without antibiotics, and failing to check the results of the culture. Therefore, the defendants are entitled to judgment on plaintiff's claims of medical negligence. A judgment consistent with this Memorandum Opinion will be entered separately. Signed by District Judge Carol E. Jackson on 6/17/14. (CSG)
February 5, 2014 Filing 59 Proposed Findings of Fact by Plaintiff Michael Morgan. (Dowd, Douglas)
February 5, 2014 Filing 58 POST TRIAL BRIEF Memorandum by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
February 5, 2014 Filing 57 Proposed Findings of Fact by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
February 3, 2014 Filing 56 PARTIAL TRANSCRIPT of Cross Examination of Dr. Kristine Erica Johnson #48 (NON-JURY TRIAL) held on January 22, 2014 before Judge Carol E. Jackson. Court Reporter/Transcriber Alison Garagnani, Alison_Garagnani@moed.uscourts.gov, 573-331-8832. 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. Redaction Request due 2/24/2014. Redacted Transcript Deadline set for 3/6/2014. Release of Transcript Restriction set for 5/5/2014. (JMC) Modified on 2/4/2014 (JMC).
February 3, 2014 Filing 55 PARTIAL TRANSCRIPT of Cross-Examination and Recross-Examination of Dr. Alan P. Alfani #48 (NON-JURY TRIAL) held on January 22, 2014 before Judge Carol E. Jackson. Court Reporter/Transcriber Alison Garagnani, Alison_Garagnani@moed.uscourts.gov, 573-331-8832. 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. Redaction Request due 2/24/2014. Redacted Transcript Deadline set for 3/6/2014. Release of Transcript Restriction set for 5/5/2014. (JMC)
January 31, 2014 Filing 54 PARTIAL TRANSCRIPT of Direct Examination and Redirect Examination of Dr. David Kennedy #48 (NON-JURY TRIAL) held on January 22, 2014 before Judge Carol E. Jackson. Court Reporter/Transcriber Alison Garagnani, Alison_Garagnani@moed.uscourts.gov, 573-331-8832. 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. Redaction Request due 2/21/2014. Redacted Transcript Deadline set for 3/3/2014. Release of Transcript Restriction set for 5/1/2014. (JMC)
January 31, 2014 Filing 53 TRANSCRIPT of Cross Exam and Re Cross Exam of Dr. Burns #50 (NON-JURY TRIAL) held on 1/23/14 before Judge Carol E. Jackson. Court Reporter/Transcriber Alison Garagnani, Alison_Garagnani@moed.uscourts.gov, 573-331-8832. 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. Redaction Request due 2/21/2014. Redacted Transcript Deadline set for 3/3/2014. Release of Transcript Restriction set for 5/1/2014. (MRS)
January 23, 2014 Filing 52 CLERKS Exhibit List as to Jury Trial. (JMC)
January 23, 2014 Filing 51 CLERKS WITNESS LIST as to Jury Trial. (JMC)
January 23, 2014 Filing 50 Minute Entry for proceedings held before District Judge Carol E. Jackson: Bench Trial completed on 1/23/2014. (Court Reporter:Alison Garagnani.) (FTR Gold: No.) (JMC)
January 22, 2014 Filing 49 MOTION for Judgment as a Matter of Law at the Close of Plaintiff's Case by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (JMC)
January 22, 2014 Filing 48 Minute Entry for proceedings held before District Judge Carol E. Jackson: Bench Trial resumed but not concluded 1/22/2014 ; day 2. (Court Reporter:Alison Garagnani.) (FTR Gold: No.) (JMC)
January 22, 2014 Opinion or Order ORDER denying #49 Motion for Judgment as a Matter of Law - Motion was denied on the record in open Court. Signed by District Judge Carol E. Jackson on 1/22/2014. (JMC)
January 21, 2014 Filing 47 Minute Entry for proceedings held before District Judge Carol E. Jackson: Bench Trial held on 1/21/2014. (Court Reporter:Alison Garagnani.) (FTR Gold: No.) (JMC)
January 20, 2014 Filing 46 Exhibit List Amended by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
January 18, 2014 Filing 45 Exhibit List - Amended by Plaintiff Michael Morgan. (Dowd, Douglas)
January 14, 2014 Filing 44 MEMORANDUM in Opposition re #42 MOTION in Limine filed by Defendant Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
January 13, 2014 Filing 43 Deposition Designations by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C... (Blanton, Joseph)
January 11, 2014 Filing 42 MOTION in Limine by Plaintiff Michael Morgan. (Dowd, Douglas)
January 11, 2014 Filing 41 OBJECTION to Pretrial re #28 Exhibit List by Plaintiff Michael Morgan. Related document: #28 Exhibit List filed by Bernard C. Burns.(Dowd, Douglas)
January 11, 2014 Filing 40 Deposition Designations by Plaintiff Michael Morgan.. (Dowd, Douglas)
November 12, 2013 Opinion or Order Filing 39 SCHEDULING ORDER: Bench Trial reset for 1/21/2014 09:30 AM in Southeast Division - Cape Girardeau before District Judge Carol E. Jackson. Signed by District Judge Carol E. Jackson on 11/12/2013. (JMC)
November 12, 2013 Opinion or Order Filing 38 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' motion to transfer venue [Doc. #31] is DENIED. Signed by District Judge Carol E. Jackson on 11/12/2013. (JMC)
October 31, 2013 Filing 37 Stipulation of Uncontested Facts by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C., Plaintiffs Laurie Morgan, Michael Morgan. (Dowd, Douglas)
October 31, 2013 Filing 36 MEMORANDUM in Opposition re #31 MOTION to Transfer Case to the Eastern Division of the Eastern District of Missouri filed by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
October 29, 2013 Filing 35 Deposition Designations by Plaintiff Michael Morgan.. (Dowd, Douglas)
October 29, 2013 Filing 34 TRIAL BRIEF by Plaintiff Michael Morgan. (Dowd, Douglas)
October 29, 2013 Filing 33 Exhibit List by Plaintiff Michael Morgan. (Dowd, Douglas)
October 29, 2013 Filing 32 WITNESS LIST by Plaintiff Michael Morgan. (Dowd, Douglas)
October 29, 2013 Filing 31 MOTION to Transfer Case to the Eastern Division of the Eastern District of Missouri by Plaintiff Michael Morgan. (Dowd, Douglas)
October 29, 2013 Filing 30 Deposition Designations by Defendant Bernard C. Burns.. (Blanton, Joseph)
October 29, 2013 Filing 29 MOTION to Clarify by Plaintiffs Laurie Morgan, Michael Morgan. (Dowd, Douglas)
October 29, 2013 Filing 28 Exhibit List of Defendants' Orthopaedic Associates of Southeast Missouri, PC and Bernard Burns, DO by Defendant Bernard C. Burns. (Blanton, Joseph)
October 29, 2013 Filing 27 WITNESS LIST by Defendant Bernard C. Burns. (Blanton, Joseph)
October 29, 2013 Filing 26 TRIAL BRIEF of Defendants' Orthopaedic Associates of Southeast Missouri, PC and Bernard Burns, DO by Defendant Bernard C. Burns. (Blanton, Joseph)
October 29, 2013 Filing 25 Proposed Findings of Fact by Defendant Bernard C. Burns. (Blanton, Joseph)
October 22, 2013 Filing 24 SUGGESTION OF DEATH Upon the Record as to Laurie Morgan by Bernard C. Burns. (Attachments: #1 Exhibit A - Obituary of Laurie Morgan)(Blanton, Joseph)
May 14, 2013 Filing 23 ADR COMPLIANCE REPORT by Neutral: Spain, James. Date of Conference: 5/13/13. The parties participated in good faith. The parties did not achieve a settlement.(MRS)
May 2, 2013 Filing 22 NOTICE of Appointment of Neutral. Neutral name: Spain, James Neutral selected by parties(JMC)
May 1, 2013 Filing 21 Designation of Neutral by parties and ADR Conference Report by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C., Plaintiffs Laurie Morgan, Michael Morgan Neutral: Spain, James Date of Conference: May 13, 2013 time: 10:00 a.m. Location: 219 South Kingshighway, Sikeston, MO 63801-0805(Dowd, Douglas)
April 30, 2013 Opinion or Order Filing 20 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Douglas Dowd. ADR Completion Deadline due by 6/21/2013. ADR Compliance Report Deadline due by 7/5/2013. Designation of Neutral due by 5/21/2013. ADR Conference Report Schedule due by 5/21/2013. Signed by District Judge Carol E. Jackson on 4/30/13. (MRS)
February 13, 2013 Opinion or Order Filing 19 AMENDED CASE MANAGEMENT ORDER: IT IS HEREBY ORDERED that the motion to amend the case management order [Doc. # 18] is GRANTED. IT IS FURTHER ORDERED that the following amended schedule shall apply: 1. Plaintiff shall make expert witnesses available for depositions and have depositions completed no later than March 1, 2013. 2. Defendant shall disclose their expert witnesses and provide the reports required by Fed.R.Civ.P. 26(a)(2) no later than April 1, 2013, and shall make expert witnesses available for depositions and have depositions completed no later than May 15, 2013. IT IS FURTHER ORDERED that all other provisions of the case management order issued on September 28, 2012, remain in effect. Signed by District Judge Carol E. Jackson on 2/13/2013. (JMC)
February 7, 2013 Filing 18 STIPULATION Motion to Modify Scheduling Order by Defendant Bernard C. Burns. (Attachments: #1 Consent Order)(Blanton, Joseph) Modified on 2/8/2013 (MRS).
October 5, 2012 Opinion or Order Filing 17 ORDER... IT IS HEREBY ORDERED that the parties shall submit complete transcripts of all deposition testimony that is cited in support of or in opposition to a motion. Excerpted portions of a witness's deposition testimony will not be considered by the Court absent a showing of good cause for not submitting the entire transcript. IT IS FURTHER ORDERED that the parties shall submit redacted transcripts whenever required to do so in order to comply with the rules governing privacy protection, Fed.R.Civ.P. 5.2(a) and E.D.Mo. L.R. 2.17(A). Signed by District Judge Carol E. Jackson on 10/5/2012. (JMC)
September 28, 2012 Opinion or Order Filing 16 CASE MANAGEMENT ORDER: This case is assigned to Track: 2: Standard. Motion to Join Parties due by 10/29/2012. Discovery Completion due by 7/15/2013. ADR Future Reference 4/30/2013. Dispositive Motions due by 8/15/2013. Bench Trial set for 11/18/2013 09:00 AM in Southeast Division - Cape Girardeau before District Judge Carol E. Jackson. Pretrial Compliance due by 10/29/2013. Motion in Limine due by 11/8/2013. Signed by District Judge Carol E. Jackson on 9/28/12. (CSG)
September 27, 2012 Filing 15 Minute Entry for proceedings held before District Judge Carol E. Jackson: Rule 16 Conference held on 9/27/2012. Conference held by phone. CMO to issue. (Notice only, no.pdf attached.). (FTR Gold: No.) (JMC)
September 25, 2012 Filing 14 MEMORANDUM re #12 Joint Scheduling Plan Explaining Request for Track 2 Setting by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
September 20, 2012 Filing 13 MEMORANDUM re #12 Joint Scheduling Plan Request for Track 1 Setting by Plaintiffs Laurie Morgan, Michael Morgan. (Dowd, Douglas)
September 20, 2012 Filing 12 JOINT SCHEDULING PLAN by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C., Plaintiffs Laurie Morgan, Michael Morgan. . (Dowd, Douglas)
August 21, 2012 Filing 11 ENTRY of Appearance by John E. Cozean for Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Cozean, John)
August 20, 2012 Opinion or Order Filing 10 RULE 16 ORDER Joint Scheduling Plan due by 9/20/2012. Rule 16 Conference set for 9/27/2012 01:30 PM by Telephone before District Judge Carol E. Jackson. Signed by District Judge Carol E. Jackson on 8/20/2012. (JMC)
August 20, 2012 Filing 9 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (JMC)
August 17, 2012 Filing 8 NOTICE by Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C. (Blanton, Joseph)
August 17, 2012 Filing 7 ANSWER to Complaint by Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C..(Blanton, Joseph)
August 9, 2012 Filing 6 ENTRY of Appearance by Joseph C. Blanton, Jr for Defendants Bernard C. Burns, Orthopaedic Associates Of Southeast Missouri, P.C.. (Blanton, Joseph)
August 6, 2012 Filing 5 REASSIGNMENT ORDER (jgw). Judge Magistrate Judge Lewis M. Blanton assignment termed. Case reassigned to Judge District Judge Carol E. Jackson for all further proceedings. (CSG)
August 3, 2012 Opinion or Order Filing 4 ORDER (jgw): The above styled and numbered case was filed on August 2, 2012 and randomly assigned to the Honorable E. Richard Webber, United States District Judge. After a review of the case, the Clerk's Office found that the case was opened incorrectly. The case should have been assigned to the Southeastern Division. Accordingly, the case has been transferred to the Southeastern Division and given Case No. 1:12cv00136 and randomly assigned to the Honorable Lewis M. Blanton, United States Magistrate Judge. Signed by Clerk of Court on 8/3/12. (CSG)
August 3, 2012 Filing 3 NOTICE OF PROCESS SERVER by Plaintiffs Laurie Morgan, Michael Morgan Process Server: Sheriff, Cape Girardeau County (Dowd, Douglas)
August 3, 2012 Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Laurie Morgan, Michael Morgan Process Server: Sheriff, Cape Girardeau County (Dowd, Douglas)
August 3, 2012 Case Opening Notification: 2 Summons(es) issued, Judge Assigned: U.S. Magistrate Judge Lewis M. Blanton. The summonses were emailed to Attorney for Plaintiffs. Please include Magistrate Consent/District Judge Option forms and Disclosure of Corporation Interest form to defendants with service package. (CSG)
August 3, 2012 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)
August 2, 2012 Filing 1 COMPLAINT against defendant All Defendants with receipt number 0865-3401308, in the amount of $350 Jury Demand,, filed by Michael Morgan, Laurie Morgan. (Attachments: #1 Original Filing Form, #2 Summons, #3 Summons)(Dowd, Douglas) (Additional attachment(s) added on 8/3/2012: #4 Civil Cover Sheet) (KLK).

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Search for this case: Morgan et al v. Orthopaedic Associates Of Southeast Missouri, P.C. et al
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Plaintiff: Michael Morgan
Represented By: Douglas P. Dowd
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Plaintiff: Laurie Morgan
Represented By: Douglas P. Dowd
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Defendant: Bernard C. Burns
Represented By: Joseph C. Blanton, Jr.
Represented By: John E. Cozean
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Defendant: Orthopaedic Associates Of Southeast Missouri, P.C.
Represented By: Joseph C. Blanton, Jr.
Represented By: John E. Cozean
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