Dilley v. United States of America
Plaintiff: Kenneth D. Dilley
Defendant: United States of America
Case Number: 4:2008cv03005
Filed: January 9, 2008
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
County: Douglas
Presiding Judge: Richard G. Kopf
Presiding Judge: David L. Piester
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:2671 Federal Tort Claims Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 28, 2009 Opinion or Order Filing 72 ORDER granting 71 Stipulation for Dismissal. This case is dismissed with prejudice, each party to bear their own costs. Ordered by Judge William J. Riley. (ADB, )
July 24, 2009 Opinion or Order Filing 69 ORDER regarding the parties' notice of settlement. The parties have requested six weeks in which to complete and file the necessary settlement documents. The court finds the six week delay is reasonable and necessary. IT IS THEREFORE ORDERED that the parties have until September 4, 2009, in which to submit all required settlement documents. Ordered by Judge William J. Riley. (MKR)
July 22, 2009 Opinion or Order Filing 67 MEMORANDUM AND ORDER granting in part and denying in part 51 Motion for Summary Judgment. There are no genuine issues of material fact that VAMC employees breached the standard of care due Dilley by failing to evaluate and to diagnose Dilleys condi tion (diverticulosis) on more than one occasion after June 1, 2004, and before December 31, 2004. Summary judgment is granted on this limited issue. The motion is denied in all other respects. A separate judgment will be entered. Ordered by Judge William J. Riley. (MKR)
July 7, 2009 Opinion or Order Filing 66 AMENDED ORDER - The Final Pretrial Conference is rescheduled and will be held in chambers before the undersigned presiding judge on July 23, 2009, at 4:00 p.m. (CDT), Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Suite 4303, Omaha, Nebraska. Ordered by Judge William J. Riley. (MKR, )
June 29, 2009 Opinion or Order Filing 64 GENERAL ORDER - IT IS ORDERED: 1. Effective immediately, the following case is reassigned from Judge Bataillon to Judge Riley for the purposes of trial: 4:08CV3005 Kenneth D. Dilley v. USA 2. Judge Riley will handle all pending motions, including the Motion for Partial Summary Judgment, Filing No. 51, and the trial in this case. The parties are instructed to contact the office of Judge Riley for trial preparation requirements. 3. The magistrate judge assignments will remain unchanged.Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
June 12, 2009 Opinion or Order Filing 56 ORDER - Plaintiff's Motion for Enlargement of Time to File Motion for Partial Summary Judgment, filing no. 49 , is granted. The Motion for Partial Summary Judgment (filing no. 51 ) is deemed timely filed. Ordered by Judge Richard G. Kopf in the Absence of David L. Piester United States Magistrate Judge (GJG)
March 16, 2009 Opinion or Order Filing 43 ORDER - I recuse myself from this case and request Chief Judge Bataillon to reassign it.Ordered by Senior Judge Warren K. Urbom. (GJG)
January 13, 2009 Opinion or Order Filing 35 ORDER-In a letter to the court dated today, the parties have requested additional time to report to the court on the subject of mediation. IT THEREFORE HEREBY IS ORDERED, the request is granted and the parties are given until March 31, 2009 in which to make the mediation report required by paragraph 10 of the progression order, filing no. 20 . Ordered by Magistrate Judge David L. Piester. (LKH)
November 6, 2008 Opinion or Order Filing 31 ORDER. Counsel have advised me that Mark E. Mailliard, M.D. may be a witness in this case. Dr. Mailliard is my brother-in-law. Accordingly, a reasonable person might question my objectivity. Indeed, I question my objectivity. Therefore, IT IS ORDERED that I recuse myself from this case and request Chief Judge Bataillon to reassign it. Ordered by Judge Richard G. Kopf. (KLL, )
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Plaintiff: Kenneth D. Dilley
Represented By: V. Gene Summerlin, Jr.
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Defendant: United States of America
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