Simmons v. United States of America et al
| Vienna Simmons |
| United States of America, United States National Park Service, United States Department of Interior, Josh Updegraff, Beth Stout and Scott Karrigan |
| 4:2010cv01578 |
| August 25, 2010 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Thomas C. Mummert |
| Other Personal Injury |
| 28 U.S.C. ยง 2671 |
| None |
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Filing
179
MEMORANDUM AND ORDER - (see Memorandum and Order for further details.) IT IS HEREBY ORDERED that the Clerk of the Court shall file and maintain under seal the parties' May document, which the Court is providing to the Clerk with this order. IT IS FURTHER ORDERED that the motion [Doc. 176] is GRANTED. IT IS FURTHER ORDERED that the settlement in the total amount of $542,612.50 is APPROVED. IT IS FURTHER ORDERED that, in accordance with the apportionment of the damages among Deceden t's parents and minor children, they shall receive the following amounts: see order for details. IT IS FURTHER ORDERED that the payout order shall provide that any interest accrued on the funds deposited in this Court's registry shall be paid so that Vienna Simmons receives 15% of that interest; Randolph Scott, Sr. receives 10% of that interest; and L.R.S. andP.A.S. each receive 37.5% of that interest. In the payout order, Vienna Simmons has received $.25 of th at accrued interest; Randolph Scott, Sr. has received $.16 of that accrued interest; and L.R.S. and P.A.S. each have received $.60 of that accrued interest. IT IS FURTHER ORDERED that the public administrator in the conservatorship proceed ings for Decedent's minor children is permitted to accept the settlement offer in consideration of the administrator executing and delivering a release of any and all claims and to allocate. IT IS FURTHER ORDERED that, upon distribution of th e funds from the Court's registry, parties and entities receiving funds shall acknowledge satisfaction of their portion of the settlement and costs. IT IS FINALLY ORDERED that the claims of Plaintiff and Plaintiff Intervenor are DISMISSED with prejudice, with each party bearing its own costs. Signed by Magistrate Judge Thomas C. Mummert, III on July 3, 2013. (MCB)
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Filing
141
MEMORANDUM AND ORDER The matter is before the Court, after a conference with the parties, to reset the trial date and to set the final pretrial conference. IT IS HEREBY ORDERED that counsel in the above matter shall appear in the chambers of the und ersigned for a Final Pretrial Conference on January 3, 2012 at 9:30 in chambers. SEE ORDER FOR FURTHER DETAILS. Jury Trial set for 1/7/2013 09:00 AM in Courtroom 13N before Magistrate Judge Thomas C. Mummert III. This is a five day trial. Motion in Limine due by 12/28/2012. Pretrial Conference set for 1/3/2013 09:30 AM in Chambers before Magistrate Judge Thomas C. Mummert III. Pretrial Compliance due by 12/18/2012. Signed by Magistrate Judge Thomas C. Mummert, III on July 2, 2012. (MCB)
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Filing
66
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Individual Defendants' motion to substitute [Doc. 38] is GRANTED. IT IS FURTHER ORDERED that Defendant United States of America is SUBSTITUTED for the Individual Defendants only with respect to the FTCA claims in the first four counts of the complaint.IT IS FURTHER ORDERED that Individual Defendants' motion to dismiss [Doc. 38]is DENIED without prejudice as to the qualified immunity issues. IT IS FURTHER ORDERED that Individual Defendants& #039; motion to dismiss [doc. 38] is GRANTED so as to dismiss the Bivens claim against Defendant Stout for failure to statea claim upon which relief may be granted. IT IS FURTHER ORDERED that the claims against Defendants Stout and Carrigan are DISM ISSED. IT IS FINALLY ORDERED that Individual Defendants' motion to limit [Doc. 56] isDENIED in part and GRANTED in part so that, within the next sixty days, the parties shall complete discovery regarding qualified immunity issues pertaining to the constitutional claims pursued under Bivens; and any motion for summary judgment raising qualified immunity issues may be filed after that sixty-day period ends. Signed by Magistrate Judge Thomas C. Mummert, III on May 10, 2011. (MCB)
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Filing
53
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the motion to reconsider [Doc. 49 ] is GRANTED. Signed by Magistrate Judge Thomas C. Mummert, III on 2/18/11. (KLH)
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