Schmidt et al v. Ramsey et al

Defendant: Bellevue Medical Center L.L.C., Heather Ramsey and The Midwives Place LLC
Plaintiff: Doran Schmidt and Sage Schmidt
Case Number: 8:2013cv00143
Filed: May 3, 2013
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Referring Judge: F.A. Gossett
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1402 Medical Malpractice
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
January 7, 2016 309 Opinion or Order of the Court ORDER - The request for transcript (filing 308 ) is granted, under the conditions described above, and otherwise denied. The Clerk of Court is directed to mail a copy of this Order to Penelope Clor at the address listed in Filing No. 308. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed as directed)(GJG)
December 3, 2015 291 Opinion or Order of the Court ORDER - Ralph Valitutti, Jr.'s request for transcript (filing 285 ) is granted, under the conditions described above, and otherwise denied. The Clerk of Court is directed to mail a copy of this Order to Ralph Valitutti, Jr. at the address listed in Filing No. 285 . Ordered by Magistrate Judge F.A. Gossett. (Copy mailed as directed)(GJG)
November 25, 2015 290 Opinion or Order of the Court AMENDED JUDGMENT - Based upon the jury's verdict, and the Court's Memorandum and Order of this date, filing 289 , IT IS ORDERED: 1. The Court's Judgment of August 6, 2015 (Filing No. 250 ) is amended as follows: Judgment is ente red in favor of Sage Schmidt, a minor, by and through Doran Schmidt, her natural mother and next friend, Plaintiff, and against Bellevue Medical Center, L.L.C., Defendant, in the amount of one million seven hundred fifty thousand dollars ($1,750,000.00), plus post-judgment interest at the rate of 0.33 percent per annum, accruing from August 6, 2015; and 2. The Stay of Judgment (Filing No. 262 ) is lifted. Ordered by Chief Judge Laurie Smith Camp. (GJG)
November 9, 2015 284 Opinion or Order of the Court MEMORANDUM AND ORDER - The State of Nebraska's Motion and Notice to Intervene (Filing No. 279 ) is granted. Ordered by Chief Judge Laurie Smith Camp. (GJG)
September 22, 2015 275 Opinion or Order of the Court CERTIFICATE PURSUANT TO 28 U.S.C. § 2403(b) - On behalf of this Court and pursuant to 28 U.S.C. § 2403(b), I certify that in this case there is drawn into question the constitutionality of Neb. Rev. Stat. § 44-2801, et seq., which ar e statutes affecting the public interest. Plaintiffs' counsel, Patrick Cullan, has filed in this matter "Plaintiff's Notice of Constitutional Question," indicating that he served the Attorney General of the State of Nebraska on or about September 18, 2015. The Attorney General may intervene "within 60 days after the notice is filed or after the court certifies the challenge, whichever is earlier." Fed. R. Civ. P. 5.1(c). Ordered by Magistrate Judge F.A. Gossett. (Copy mailed and e-mailed to Nebraska Attorney General)(TCL )
August 14, 2015 262 Opinion or Order of the Court ORDER - The Motion for Stay of Judgment (Filing No. 261 ), filed by Defendant Bellevue Medical Center, L.L.C., is granted. Pursuant to Federal Rule of Civil Procedure 62(b), execution of the Courts Judgment entered against the Defendant Bellevu e Medical Center, L.L.C. on August 6, 2015 (Filing No. 250 ), is stayed, and no proceedings may be brought to enforce the Judgment, until 14 days after the Court rules on any motions filed by Defendant pursuant to Federal Rules of Civil Procedure 50, 52(b), 59, or 60. The Motion for Expedited Hearing and/or Briefing Schedule (Filing No. 257 ) filed by Defendant Bellevue Medical Center, L.L.C., and the Motion to Stay (Filing No. 258 ) are denied as moot. Ordered by Chief Judge Laurie Smith Camp. (GJG)
July 24, 2015 236 Opinion or Order of the Court ORDER - Plaintiffs' Motion for Continuance (filing 232 ) is denied and Defendant's Objection (filing 234 ) is sustained. Ordered by Magistrate Judge F.A. Gossett. (GJG)
June 29, 2015 215 Opinion or Order of the Court ORDER RE: TRIAL PREPARATION (CIVIL JURY TRIAL). Ordered by Chief Judge Laurie Smith Camp. (JB)
May 27, 2015 195 Opinion or Order of the Court MEMORANDUM AND ORDER - The Motion of the American College of Obstetricians and Gynecologists for Leave to File Brief and Evidence as Amicus Curiae in Support of Defendants' Motion in Limine (Filing No. 168 ) is granted. The Bellevue Medical C enter's Daubert Motion/Motion in Limine and Request for Oral Argument (Filing No. 160 ) is granted in part as follows: (a). Plaintiffs are precluded, in limine, from eliciting any testimony from Laura L. Mahlmeister, Ph.D., R.N., as to the ca use of any injuries suffered by the Plaintiffs; (b). Unless the Plaintiffs file a motion on or before June 5, 2015, seeking an evidentiary hearing, Plaintiffs are precluded, in limine, from eliciting any testimony from Dr. Stephen Glass, M.D., or Dr . Martin Gubernick, M.D., to the effect that any alleged breach of the standard of care by the Bellevue Medical Center caused injury to Plaintiff S.S. through the process described as Craniocerebral Compression Ischemic Encephalopathy ("CCIE&quo t;), or in-utero fetal head compression or trauma resulting from contractile forces of labor; and The Motion is otherwise denied, without prejudice to Bellevue Medical Center raising objections at the time of trial. The Motion for Summary Judgment by the Bellevue Medical Center (Filing No. 162 ) is denied. Ordered by Chief Judge Laurie Smith Camp. (GJG, )
May 19, 2015 192 Opinion or Order of the Court ORDER OF DISMISSAL - 1. The Joint Stipulation to dismiss with prejudice (Filing No. 190 ) is approved; 2. Plaintiffs' claims against Defendants Heather Ramsey, APRN-CNM, and the Midwife's Place, LLC are dismissed with prejudice; 3. The Cle rk of Court is directed to change the case caption to reflect that Defendants Heather Ramsey, APRN-CNM, and the Midwifes Place, LLC have been dismissed; 4. The proposed order that appears at Filing No. 191 is denied as moot. 5. The parties to the Joint Stipulation (Filing No. 190 ) will bear their own costs with respect to Plaintiffs claims against Defendants Heather Ramsey, APRN-CNM, and the Midwife's Place, LLC. Ordered by Chief Judge Laurie Smith Camp. (JAB)
March 3, 2015 143 Opinion or Order of the Court ORDER - Plaintiffs' Motion to Quash Deposition Notices (filing 139 ) is granted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
February 9, 2015 134 Opinion or Order of the Court HIPAA QUALIFIED PROTECTIVE ORDER - For the reasons given in the Court's Order of February 4, 2015 filing 133 , IT IS ORDERED as set forth in the document. Ordered by Magistrate Judge F.A. Gossett. (GJG)
February 4, 2015 133 Opinion or Order of the Court ORDER - Defendants' Motion for Qualified Protective Order and to Compel Compliance with Subpoena (filing 126 ) is granted. Defendants shall forward a proposed qualified protective order to the undersigned at gossett@ned.uscourts.gov by o r before February 11, 2015, in Word or WordPerfect format. Defendants shall forward a copy of this Order, along with the signed qualified protective order, to DHHS. DHHS is directed to comply with the subpoena as issued, subject to the qualified protective order soon to be entered in this case. Ordered by Magistrate Judge F.A. Gossett. (GJG)
June 27, 2014 113 Opinion or Order of the Court AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 110 Motion to Extend; granting 112 Motion to Extend. Pretrial Conference set for 6/22/2015 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 7/21/2015 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
June 16, 2014 111 Opinion or Order of the Court ORDER - Plaintiffs shall confer with counsel for Defendants Heather Ramsey and The Midwives Place, LLC, in an attempt to obtain these Defendants' consent to Plaintiffs' requested deadline extension. If all Defendants are agreeable to an ex tension, the parties shall jointly submit a proposed order to the Court setting forth revised deadlines. The proposed order shall be submitted no later than June 27, 2014. If Plaintiffs cannot obtain all parties' consent to their pending motion to extend, Plaintiffs shall so notify the Court no later than June 27, 2014. Ordered by Magistrate Judge F.A. Gossett. (AOA)
November 25, 2013 77 Opinion or Order of the Court MEMORANDUM AND ORDER - The Motion of Defendants, Heather Ramsey, APRN-CNM, and the Midwife's Place, L.L.C., for Summary Judgment Pursuant to Fed. R. Civ. P. 56 (Filing No. 39 )is denied. The Plaintiffs' Motion to Strike (Filing No. 45 ), and Motion to Continue (Filing No. 49 ), are denied as moot. Ordered by Chief Judge Laurie Smith Camp. (GJG)

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Defendant: Bellevue Medical Center L.L.C.
Represented By: Kathryn J. Cheatle
Represented By: Brien M. Welch
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Defendant: Heather Ramsey
Represented By: Ronald E. Frank
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Defendant: The Midwives Place LLC
Represented By: Ronald E. Frank
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Plaintiff: Doran Schmidt
Represented By: Joseph P. Cullan
Represented By: Patrick J. Cullan
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Plaintiff: Sage Schmidt
Represented By: Joseph P. Cullan
Represented By: Patrick J. Cullan
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