Schmidt et al v. Bellevue Medical Center L.L.C.
Plaintiff: Sage Schmidt and Doran Schmidt
Defendant: Bellevue Medical Center, L.L.C., The Midwives Place LLC and Heather Ramsey
Intervenor Plaintiff: Nebraska Department of Health and Human Services
Interested Party: American College of Obstetricians and Gynecologists
Intervenor: The State of Nebraska
Case Number: 8:2013cv00143
Filed: May 3, 2013
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Referring Judge: FA Gossett
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1402
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 23, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2018 Opinion or Order Filing 376 ORDER - Plaintiffs' Motion to Release Judgment Funds, ECF No. #375 , is granted. The Judgment Funds, deposited into an interest-bearing account pursuant to the Court's Order dated November 2, 2017, ECF No. #351 , shall be released to the Plaintiffs. The Clerk of Court is directed to send the Judgment Funds to Plaintiffs' attorneys of record: Joseph P. Cullan, Patrick J. Cullan, CULLAN, CULLAN LAW FIRM - OMAHA 1113 Harney Street Omaha, NE 68102. Ordered by Chief Judge Laurie Smith Camp. (LKO)
June 21, 2018 Filing 375 MOTION for Release of Funds by Attorney Patrick J. Cullan on behalf of Plaintiff Doran Schmidt.(Cullan, Patrick)
May 29, 2018 Opinion or Order Filing 374 TEXT ORDER terminating #370 Motion to Extend. Ordered by Chief Judge Laurie Smith Camp. (RAS)
May 21, 2018 Opinion or Order Filing 372 MEMORANDUM AND ORDER - The Motion to Determine Lien, ECF No. #362 , filed by Intervenor Nebraska Department of Health and Human Services, is granted. Consistent with this Memorandum and Order, Intervenor Nebraska Department of Health and Human Services is statutorily entitled to a lien of $145,485.29 against the Amended Judgment, ECF No. #290 , representing its statutory subrogation interest in the judgment entered against Defendant Bellevue Medical Center in this case. Ordered by Chief Judge Laurie Smith Camp. (LKO)
March 29, 2018 Filing 371 BRIEF in support of MOTION Determine Lien #362 by Attorney Danielle L. Jones on behalf of Intervenor Plaintiff Nebraska Department of Health and Human Services.(Jones, Danielle)
March 25, 2018 Filing 370 MOTION to Extend by Attorney Ryan S. Post on behalf of Intervenor Plaintiff Nebraska Department of Health and Human Services.(Post, Ryan)
March 23, 2018 Opinion or Order Filing 369 TEXT ORDER granting #368 Unopposed Motion to Extend. Intervenor Nebraska Department of Health and Human Services must file its reply brief in response to Plaintiffs' Brief in Opposition to Motion to Determine Lien, ECF No. #367 , on or before March 26, 2018. Ordered by Chief Judge Laurie Smith Camp. (RAS)
March 8, 2018 Filing 368 UNOPPOSED MOTION to Extend by Attorney Danielle L. Jones on behalf of Intervenor Plaintiff Nebraska Department of Health and Human Services.(Jones, Danielle)
March 5, 2018 Filing 367 REPLY BRIEF in opposition to Motion to Determine Lien by Attorney Robert S. Peck on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Peck, Robert)
February 8, 2018 Opinion or Order Filing 366 TEXT ORDER granting #365 Motion to Extend. Plaintiffs' unopposed motion to extend, ECF No. #365 , is granted. Plaintiffs must respond to DHHS's Motion to Determine Lien, ECF No. #362 , on or before March 5, 2018. Ordered by Chief Judge Laurie Smith Camp. (RAS)
February 5, 2018 Filing 365 UNOPPOSED MOTION to Extend Reply to Motion to Determine Lien by Attorney Robert S. Peck on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Peck, Robert)
January 22, 2018 Filing 364 BRIEF in support of MOTION Determine Lien #362 by Attorney Danielle L. Jones on behalf of Intervenor Plaintiff Nebraska Department of Health and Human Services.(Jones, Danielle)
January 22, 2018 Filing 363 MOTION to file under Seal by Attorney Danielle L. Jones on behalf of Intervenor Plaintiff Nebraska Department of Health and Human Services. (Attachments: #1 Index, #2 Affidavit Patricia Carnes, #3 Exhibit 4, #4 Exhibit 5)(Jones, Danielle)
January 22, 2018 Filing 362 MOTION Determine Lien by Attorney Danielle L. Jones on behalf of Intervenor Plaintiff Nebraska Department of Health and Human Services.(Jones, Danielle)
January 4, 2018 Filing 361 ANSWER to Complaint by Doran Schmidt, Sage Schmidt (Peck, Robert)
December 14, 2017 Filing 360 Intervenor COMPLAINT against Bellevue Medical Center, L.L.C., Heather Ramsey, Doran Schmidt, Sage Schmidt, The Midwives Place LLC, by Attorney Danielle L. Jones on behalf of Nebraska Department of Health and Human Services(Jones, Danielle)
December 14, 2017 Opinion or Order Filing 359 MEMORANDUM AND ORDER - The Motion to Intervene, ECF No. #352 , filed by the Nebraska Department of Health and Human Services is granted. The Nebraska Department of Health and Human Services shall file its Petition in Intervention as a separate docket entry on or before December 22, 2017. Ordered by Chief Judge Laurie Smith Camp. (KLF)
December 13, 2017 Filing 358 LETTER (COPY) from USCA - 8th Circuit that the petition for writ of certiorari is denied U.S. Supreme Court Number 17-450. (Attachments: #1 Letter by Clerk from USCA-8th Circuit)(LAC)
December 13, 2017 Opinion or Order Filing 357 TEXT ORDER granting Nebraska Department of Health and Human Services's Motion to Seal, ECF No. 353. Ordered by Chief Judge Laurie Smith Camp.(NFM)
December 11, 2017 Filing 356 REPLY BRIEF in opposition to Motion to Intervene by Attorney Robert S. Peck on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Peck, Robert)
November 30, 2017 Filing 355 BRIEF in support of MOTION to Intervene #352 , MOTION to file under Seal Index of Evidence #353 by Attorney Danielle L. Jones on behalf of Intervenor Nebraska Department of Health and Human Services.(Jones, Danielle)
November 30, 2017 Filing 353 MOTION to file under Seal Index of Evidence by Attorney Danielle L. Jones on behalf of Intervenor Nebraska Department of Health and Human Services.(Jones, Danielle)
November 30, 2017 Filing 352 MOTION to Intervene by Attorney Danielle L. Jones on behalf of Intervenor Nebraska Department of Health and Human Services. (Attachments: #1 Exhibit A)(Jones, Danielle)
November 2, 2017 Opinion or Order Filing 351 ORDER - The Clerk of Court is directed to deposit the Judgment Funds, Text Receipt Nos. 8043924 and 8043925, into an interest-bearing account until further order of this court pursuant to 28 U.S.C. 2041 and NECivR 67.1. After the Plaintiffs' petition for writ of certiorari to the United States Supreme Court is resolved, Plaintiffs must file a motion to release the Judgment Funds, or other appropriate motion, indicating to whom the Judgment Funds should be released. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to Finance)(JAB)
October 4, 2017 Filing 350 LETTER (COPY) from USCA - 8th Circuit that the petition for writ of certiorari has been filed, U.S. Supreme Court Number 17-450. (Attachments: #1 Letter by Clerk from USCA-8th Circuit)(LAC)
September 26, 2017 Opinion or Order Filing 349 ORDER that the Amended Judgment, ECF. #290 , entered in favor of S.S., a Minor, by and through Doran Schmidt, her natural mother and Next friend, plaintiff and against The Bellevue Medical Center, LLC, defendant, is fully satisfied including interests and costs. The Appeal/Supersedeas Bond filed with this Court on January 11, 2016, ECF No. #312 , is hereby discharged and the Clerk of Court is directed to return the original of the bond to counsel for The Bellevue Medical Center, LLC. Ordered by Chief Judge Laurie Smith Camp. (Copy to Finance)(LAC)
August 28, 2017 TEXT RECEIPT number 8043924, in the amount of $ 503,410.13. (LAC)
August 28, 2017 TEXT RECEIPT number 8043925, in the amount of $ 1,258,525.32. (LAC)
August 9, 2017 Opinion or Order Filing 348 MEMORANDUM AND ORDER - The Plaintiffs' Motion, ECF No. #346 , seeking a stay of the Mandate issued by the U.S. Court of Appeals for the Eighth Circuit on July 20, 2017, is denied. The Motion of Defendant Bellevue Medical Center, L.L.C., ECF No. #341 , seeking to pay the judgment sum and obtain a release of its supersedeas bond is granted, as follows: Defendant Bellevue Medical Center, L.L.C., may pay into the Clerk of the Court the full amount of the Amended Judgment, ECF No. #290 , "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 Following payment of the full amount of the Amended Judgment by Defendant Bellevue Medical Center, L.L.C., the Court by separate order will enter a satisfaction of judgment and a release of the supersedeas bond. Ordered by Chief Judge Laurie Smith Camp. (Copy emailed to Finance) (KLF)
August 7, 2017 Filing 347 BRIEF in opposition to MOTION to Stay Mandate #346 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center, L.L.C..(Cheatle, Kathryn)
August 1, 2017 Filing 346 MOTION to Stay Mandate by Attorney Robert S. Peck on behalf of Plaintiff Sage Schmidt.(Peck, Robert)
July 27, 2017 Filing 345 REPLY BRIEF in support of MOTION Pay Judgment into Court and for Release of Bond #341 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center, L.L.C..(Welch, Brien)
July 21, 2017 Filing 344 BRIEF in opposition to MOTION Pay Judgment into Court and for Release of Bond #341 filed by Attorney Robert S. Peck on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Peck, Robert)
July 20, 2017 Filing 343 MANDATE from USCA - 8th Circuit (16-1022 and 16-1024) In accordance with the opinion and judgment of 06/22/2017, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter regarding Notice of Appeal to USCA #295 and Notice of Appeal to USCA #303 . (KLF)
July 17, 2017 Filing 342 BRIEF in support of MOTION Pay Judgment into Court and for Release of Bond #341 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center, L.L.C..(Welch, Brien)
July 17, 2017 Filing 341 MOTION Pay Judgment into Court and for Release of Bond by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center, L.L.C..(Welch, Brien)
June 22, 2017 Filing 340 JUDGMENT from USCA - 8th Circuit (16-1022) - This appeal from the United States District Court was submitted on the record of the district court, briefs of the parties and was argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (LAC)
June 22, 2017 Filing 339 COPY of Opinion of USCA - 8th Circuit, Appellate Docket Number 16-1022. (Attachments: #1 Letter by Clerk from USCA-8th Circuit, #2 West Publishing Letter) (LAC)
January 11, 2017 Filing 338 EXHIBIT RECEIPT BY PLAINTIFF as to Plaintiffs Doran Schmidt and Sage Schmidt from hearings held on 7/27/2015 - 8/6/2015 regarding Minutes of Jury Trial - Held, 244 , Jury Trial - Held, 246 , Jury Trial - Held, 240 , Jury Trial - Held, 241 , Jury Trial - Held, 243 , Jury Trial - Began, 239 , Jury Trial - Held, 247 , Jury Trial - Held, 242 , Jury Trial - Held, 245 . (GJG)
January 11, 2017 Filing 337 EXHIBIT RECEIPT BY PLAINTIFF as to Plaintiffs Doran Schmidt and Sage Schmidt from hearing held on 7/8/2015 regarding Minutes of Motion Hearing 222 . (GJG)
October 3, 2016 Filing 336 EXHIBIT RECEIPT BY DEFENDANT as to Defendant Bellevue Medical Center L.L.C. from Jury Trial held on July 27-August 6, 2016 regarding Minutes of Jury Trial - Held, 244 , Jury Trial - Held, 246 , Jury Trial - Held, 240 , Jury Trial - Held, 241 , Jury Trial - Held, 243 , Jury Trial - Began, 239 , Jury Trial - Held, 247 , Jury Trial - Held, 242 , Jury Trial - Held, 245 . (GJG)
October 3, 2016 Filing 335 EXHIBIT RECEIPT BY DEFENDANT as to Defendant Bellevue Medical Center L.L.C. from hearing held on 7/8/2015 regarding Minutes of Order on Motion in Limine, Motion Hearing, 222 . (GJG)
September 28, 2016 Filing 334 COPY of Order from USCA - 8th Circuit (16-1022 and 16-1024). The court has continued oral argument in this case and will reset the case for argument during the January, 2017 session of court. The court began its review of the matter before the motion for a continuance was filed, however, and has determined that the clerk of court erred in granting in part appellant/cross appellee's motion for leave to file an over-length appellant's brief. The brief filed pursuant to that motion and the clerk's order of February 17, 2016 are stricken, and the appellant/cross-appellee is directed to file an appellant's brief of no more than 14,000 words by October 17, 2016. (GJG)
April 5, 2016 Filing 333 Transmittal Letter to the USCA-8th Circuit (16-1022) sending Transcript #320 , Transcript #327 , Transcript #325 , Transcript #321 , Transcript #324 , Transcript #318 , Transcript #311 , Transcript #328 , Transcript #322 , Transcript #326 , Transcript #323 . (GJG)
March 23, 2016 Filing 332 MANDATE from USCA - 8th Circuit: The motion of appellee for dismissal of this appeal #295 is granted. The appeal is hereby dismissed. (KMG)
February 24, 2016 Filing 331 REVISED SCHEDULING LETTER REGARDING CROSS-APPEAL from USCA - 8th Circuit(16-1022) as to Notice of Appeal to USCA, #303 . (GJG)
February 24, 2016 Filing 330 COPY of Judgment from USCA - 8th Circuit (16-1025). The motion of appellee for dismissal of this appeal is granted. The appeal is hereby dismissed. See Eighth Circuit Rule 47A(b). (Attachments: #1 Transmittal Letter)(GJG)
February 23, 2016 Opinion or Order Filing 329 TEXT ORDER that Plaintiffs' Motion for Clarification, or in the Alternative, for Striking from the Record (Filing No. #317 ) is granted in part as follows: The Court confirms that it did not review or consider any materials contained in Filing Nos. #287 and #288 submitted by Intervenor State of Nebraska when the Court rendered its Memorandum and Order of November 25, 2015 (Filing No. #289 ), which denied as moot the Intervenor's Motion (Filing No. #280 ) seeking permission to submit a brief and supporting evidence. The Motion is otherwise denied. Ordered by Chief Judge Laurie Smith Camp. (GJG, )
February 16, 2016 Filing 328 TRANSCRIPT (UNREDACTED) Master Index of trial transcripts of jury trial held July 27, 2015 through August 6, 2015. Pages 1 to 5. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 327 TRANSCRIPT (UNREDACTED) of Volume IX - jury trial proceedings before Chief Judge Laurie Smith Camp held on August 6, 2015. Pages 1406 to 1473. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 326 TRANSCRIPT (UNREDACTED) of Volume VIII - jury trial proceedings before Chief Judge Laurie Smith Camp held on August 5, 2015. Pages 1260 to 1405. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 325 TRANSCRIPT (UNREDACTED) of Volume VII - jury trial proceedings before Chief Judge Laurie Smith Camp held on August 4, 2015. Pages 1074 to 1259. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 324 TRANSCRIPT (UNREDACTED) of Volume VI - jury trial proceedings before Chief Judge Laurie Smith Camp held on August 3, 2015. Pages 835 to 1073. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 323 TRANSCRIPT (UNREDACTED) of Volume V - jury trial proceedings before Chief Judge Laurie Smith Camp held on July 31, 2015. Pages 750 to 834. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 322 TRANSCRIPT (UNREDACTED) of Volume IV - jury trial proceedings before Chief Judge Laurie Smith Camp held on July 30, 2015. Pages 544 to 749. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 321 TRANSCRIPT (UNREDACTED) of Volume III - jury trial proceedings before Chief Judge Laurie Smith Camp held on July 29, 2015. Pages 395 to 543. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 320 TRANSCRIPT (UNREDACTED) of Volume II - jury trial proceedings before Chief Judge Laurie Smith Camp held on July 28, 2015. Pages 189 to 394. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 319 TRANSCRIPT of Voir Dire Proceedings (UNREDACTED) before Chief Judge Laurie Smith Camp, held on July 27, 2015. Pages 3 though 48. To purchase a copy of this transcript, please contact Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE MARCH 2009 JUDICIAL CONFERENCE GUIDANCE ON PROTECTING PRIVACY INTERESTS IN ELECTRONIC TRANSCRIPTS OF VOIR DIRE PROCEEDINGS. (BLF, )
February 16, 2016 Filing 318 TRANSCRIPT (UNREDACTED) of Volume 1 - jury trial proceedings before Chief Judge Laurie Smith Camp held on July 27, 2015. Pages 1 through 188. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Redaction Request due 3/8/2016. Redacted Transcript Deadline set for 3/18/2016. Release of Transcript Restriction set for 5/16/2016. (BLF) Modified on 5/17/2016 to remove text regarding restricted access (GJG).
February 16, 2016 Filing 317 MOTION Clarification or in the Alternative, For striking from the Record regarding Index,,, #287 , Attachment - Continued,, #288 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
February 2, 2016 Filing 316 Copy of Letter by Clerk USCA 8th Circuit (16-1022, 16-1024 and 16-1025). Attached please find the corrected captions for the above listed cases. (Attachments: #1 Case Captions)(GJG)
February 2, 2016 Filing 315 COPY of Order from USCA - 8th Circuit (16-1022, 16-1024 and 16-1025). The appellant's motion to correct the caption is hereby granted. A revised caption will be generated to reflect the only parties as S.S., Bellevue Medical Center, and State of Nebraska. (GJG)
January 20, 2016 Filing 314 Certificate Of No Transcript Order by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
January 20, 2016 Filing 313 REQUEST FOR TRANSCRIPT for proceedings held on July 27, 2015 through August 6, 2015 before Chief Judge Laurie Smith Camp regarding Minutes, Filing 244 Jury Trial - Held,, 246 Jury Trial - Held,, 240 Jury Trial - Held,, 241 Jury Trial - Held,, 243 Jury Trial - Held,, 239 Jury Trial - Began,,, 247 Jury Trial - Held,,, 242 Jury Trial - Held,, 245 Jury Trial - Held,, by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
January 11, 2016 Filing 312 SUPERSEDEAS BOND in the amount of $ $1,759,000.00, bond number 7647580 posted by Defendant Bellevue Medical Center L.L.C. (GJG)
January 8, 2016 Filing 311 TRANSCRIPT (UNREDACTED) of Court's ruling in hearing on Daubert motion before Chief Judge Laurie Smith Camp held on July 8, 2015. Pages 1 through 5. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. # Click here to view the Transcript Redaction Procedure. - Redaction Request due 1/29/2016. Redacted Transcript Deadline set for 2/8/2016. Release of Transcript Restriction set for 4/7/2016. (BLF) Modified on 4/8/2016 to remove text regarding restricted access (GJG).
January 7, 2016 Filing 310 Letter by Clerk from USCA-8th Circuit (16-1022). It has been brought to the court's attention that Doran Schmidt is not a party to the above-referenced appeal. Please find attached a copy of the new caption. (Attachments: #1 Copy of new caption)(GJG)
January 7, 2016 Opinion or Order Filing 309 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)
January 7, 2016 Filing 308 REQUEST FOR TRANSCRIPT (NON-PARTY) for proceedings held on 7/8/2015 before Chief Judge Laurie Smith Camp regarding Minutes, Filing 222 Order on Motion in Limine. (GJG)
January 6, 2016 Filing 307 SCHEDULING LETTER from USCA - 8th Circuit (16-1022, 16-1024 and 16-1025) as to Notices of Appeal to USCA #295 , #303 and #304 . Transcript Designation set for 2/16/2016. (Attachments: #1 Transmittal Letter). (JSF)
December 30, 2015 Filing 306 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #304 , Memorandum and Order #289 and Judgment #290 . Notice of Appeal filed on 12/30/2015 by Intervenor The State of Nebraska. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERK'S OFFICE. (JSF)
December 30, 2015 Filing 305 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #303 , Memorandum and Order #289 and Judgment #290 . Notice of Appeal filed on 12/30/2015 by Defendant Bellevue Medical Center L.L.C.. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERK'S OFFICE. (JSF)
December 30, 2015 Filing 304 NOTICE OF APPEAL regarding Judgment,, #290 , Order on Motion for New Trial,,,,, Order on Motion for Miscellaneous Relief,,,, #289 by Attorney William M. Lamson, Jr on behalf of Intervenor The State of Nebraska. Filing fee $ 505, receipt number 0867-3110172. (Lamson, William)
December 30, 2015 Filing 303 NOTICE OF APPEAL regarding Judgment,, #290 , Order on Motion for New Trial,,,,, Order on Motion for Miscellaneous Relief,,,, #289 Notice of Appeal/Cross Appeal by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C.. Filing fee $ 505, receipt number 0867-3110142. (Welch, Brien)
December 29, 2015 Filing 302 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA #295 , Memorandum and Order #289 and Amended Judgment #290 . Notice of Appeal filed on 12/18/2015 by Plaintiffs Doran Schmidt and Sage Schmidt. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERK'S OFFICE. (JSF)
December 29, 2015 Opinion or Order Filing 301 ORDER that the Motion for Stay and for Supersedeas Bond (Filing No. #297 ) filed by Defendant Bellevue Medical Center, L.L.C. ("BMC") is granted. The Motion for Stay of Execution of Judgment (Filing No. #292 ) is denied as moot. Execution of the Amended Judgment (Filing No. #290 ), is stayed pending the resolution of the appeal pending before the United States Court of Appeals for the Eighth Circuit. On or before January 12, 2016, Defendant Bellevue Medical Center, L.L.C., shall file a supersedeas bond, or cash, with the Clerk of the Court in the amount of $1,750,000.00. Ordered by Chief Judge Laurie Smith Camp. (JSF)
December 28, 2015 Filing 300 TRANSCRIPT (UNREDACTED) testimony of Dr. Glass during Daubert motion proceedings before Chief Judge Laurie Smith Camp held on July 8, 2015. Pages 1 through 61. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. # Click here to view the Transcript Redaction Procedure. Redaction Request due 1/19/2016. Redacted Transcript Deadline set for 1/28/2016. Release of Transcript Restriction set for 3/28/2016. (BLF) Modified on 3/29/2016 to remove text regarding restricted access (GJG).
December 23, 2015 Filing 299 RESPONSE regarding MOTION to Stay and for Supersedeas Bond #297 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
December 23, 2015 Filing 298 RESPONSE regarding MOTION to Stay Execution of Judgment #292 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
December 23, 2015 Filing 297 MOTION to Stay and for Supersedeas Bond by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
December 23, 2015 Filing 296 NOTICE of Appearance by Attorney James D. Smith on behalf of Intervenor The State of Nebraska (Smith, James)
December 18, 2015 Filing 295 NOTICE OF APPEAL regarding Judgment,, #290 , Order on Motion for New Trial,,,,, Order on Motion for Miscellaneous Relief,,,, #289 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt. Filing fee $ 505, receipt number 0867-3104333. (Cullan, Patrick)
December 9, 2015 Filing 294 BRIEF in support of MOTION to Stay Execution of Judgment #292 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
December 9, 2015 Filing 293 INDEX in support of MOTION to Stay Execution of Judgment #292 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C.. (Attachments: #1 Exhibit 1)(Welch, Brien)
December 9, 2015 Filing 292 MOTION to Stay Execution of Judgment by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
December 3, 2015 Opinion or Order Filing 291 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 Opinion or Order Filing 290 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 entered 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 25, 2015 Opinion or Order Filing 289 MEMORANDUM AND ORDER - The Bellevue Medical Center's Post-Trial Motions Pursuant to Fed. R. Civ. P. 50, 59 and 60 and Request for Oral Argument (Filing No. #263 ) are granted in part as follows: Pursuant to Fed. R. Civ. P. 60(b)(6), the Judgment shall be amended to reflect the total amount recoverable by the Plaintiffs for the injuries suffered by Sage Schmidt is one million seven hundred fifty thousand dollars ($1,750,000.00). Bellevue Medical Center is liable for five hundred thousand dollars ($500,000.00) of that amount, as a qualified health care provider. The remaining one million two hundred fifty thousand dollars ($1,250,000.00) shall be paid from the Excess Liability Fund pursuant to the limitations in Neb. Rev. Stat. 44-2825(3) (Cum. Supp. 2014). The Motions are otherwise denied. The Motion for Briefing Schedule (Filing No. #280 ) filed by the Intervenor, the State of Nebraska, is denied as moot. An Amended Judgment will be entered and the Stay of Judgment (Filing No. #262 ) lifted. Ordered by Chief Judge Laurie Smith Camp. (GJG)
November 24, 2015 Filing 288 ATTACHMENT - CONTINUED regarding Index,,, #287 . by Attorney William M. Lamson, Jr on behalf of Intervenor The State of Nebraska. (Attachments: #1 Exhibit 12 - Floor Debate L.B. 1005 (Neb. 1986), #2 Exhibit 13 - Committee Records L.B. 692 (Neb. 1984), #3 Exhibit 14 - Floor Debate L.B. 692 (Neb. 1984), #4 Exhibit 15 - Committee Records L.B. 703 (Neb. 1976), #5 Exhibit 16 Part 1 - Floor Debate L.B. 703 (Neb. 1976), #6 Exhibit 16 Part 2 - Floor Debate L.B. 703 (Neb. 1976), #7 Exhibit 16 Part 3 - Floor Debate L.B. 703 (Neb. 1976))(Lamson, William)
November 24, 2015 Filing 287 INDEX in support of MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 by Attorney William M. Lamson, Jr on behalf of Intervenor The State of Nebraska. (Attachments: #1 Exhibit 1 - Affidavit of John Marshall, #2 Exhibit 2 - Affidavit of William R Settles, #3 Exhibit 3 - Amendments and Floor Debate L.B.961 (Neb. 2014), #4 Exhibit 4 - L.B. 961 (Neb. 2014), #5 Exhibit 5 - Committee Records L.B. 998 (Neb. 2004), #6 Exhibit 6 - Floor Debate L.B. 998 (Neb. 2004), #7 Exhibit 7 - Committee Records L.B. 146 (Neb. 2003), #8 Exhibit 8 - Floor Debate L.B. 146 (Neb. 2003), #9 Exhibit 9 - Committee Records L.B. 594 (amended into L.B. 1006) (Neb. 1992), #10 Exhibit 10 - Commitee Records L.B. 1006 (Neb. 1992), #11 Exhibit 11 - Floor Debate L.B. 1006 (Neb. 1992))(Lamson, William)
November 24, 2015 Filing 286 REPLY BRIEF in opposition to Index, #283 , Brief, #282 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 10, 2015 Filing 285 REQUEST FOR TRANSCRIPT (NON-PARTY) for proceedings held on July 8, 2015 before Chief Judge Laurie Smith Camp Testimony of Dr. Stephen Glass regarding Minutes, Filing 222 Order on Motion in Limine,,,,,,,,,, Motion Hearing,,,, by Attorney Ralph F. Valitutti, Jr on behalf of Defendant The Midwives Place LLC.(Valitutti, Ralph)
November 9, 2015 Opinion or Order Filing 284 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)
November 9, 2015 Filing 283 INDEX in support of MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 , Brief, #282 Index of Evidence in Support of its Reply Brief by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 1)(Welch, Brien)
November 9, 2015 Filing 282 BRIEF in support of MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 and in Response to Arguments regarding Constitutionality of Portions of the Nebraska Hospital-Medical Liability Act by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
November 6, 2015 Filing 281 BRIEF in support of MOTION regarding MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 (Motion for Briefing Schedule) #280 (State of Nebraska's Brief in Support of Briefing Schedule) by Attorney William M. Lamson, Jr on behalf of Interested Party The State of Nebraska.(Lamson, William)
November 6, 2015 Filing 280 MOTION regarding MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 (Motion for Briefing Schedule) by Attorney William M. Lamson, Jr on behalf of Interested Party The State of Nebraska.(Lamson, William)
November 6, 2015 Filing 279 MOTION to Intervene (Notice) by the State of Nebraska to Defend the Constitutionality of a Nebraska Statute by Attorney William M. Lamson, Jr on behalf of Interested Party The State of Nebraska.(Lamson, William)
November 6, 2015 Filing 278 NOTICE of Appearance of Jason W. Grams by Attorney Jason W. Grams on behalf of Interested Party The State of Nebraska (Grams, Jason)
November 6, 2015 Filing 277 NOTICE of Appearance of William R. Settles by Attorney William R. Settles on behalf of Interested Party The State of Nebraska (Settles, William)
November 6, 2015 Filing 276 NOTICE of Appearance of William M. Lamson, Jr. by Attorney William M. Lamson, Jr on behalf of Interested Party The State of Nebraska (Lamson, William)
September 22, 2015 Opinion or Order Filing 275 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 are 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 )
September 22, 2015 Opinion or Order Filing 274 TEXT ORDER granting in part and denying in part #269 Defendant's Motion for Extension of Time. Defendant shall file its reply brief by 11/9/2015. Plaintiffs shall file their surreply by 11/24/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
September 18, 2015 Opinion or Order Filing 273 TEXT ORDER regarding #269 Motion to Extend. Plaintiffs shall respond to Defendant's Motion for Extension and Expedited Ruling #269 no later than 12:00 p.m. on Tuesday, September 22, 2015. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
September 18, 2015 Filing 272 NOTICE of Constitutional Question by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt (Cullan, Patrick)
September 18, 2015 Filing 271 BRIEF in opposition to Brief #270 , MOTION to Extend Fed.R.Civ.P. 6(b) Motion for Extension and Expedited Ruling #269 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
September 17, 2015 Filing 270 BRIEF in support of MOTION to Extend Fed.R.Civ.P. 6(b) Motion for Extension and Expedited Ruling #269 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
September 17, 2015 Filing 269 MOTION to Extend Fed.R.Civ.P. 6(b) Motion for Extension and Expedited Ruling by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
September 14, 2015 Filing 268 INDEX in support of Brief, #267 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt. (Attachments: #1 Exhibit Preliminary Transcript, #2 Exhibit Redlined Version of Ne Admin Regs, #3 Exhibit Sample Notice, #4 Exhibit Affidavit of Doran Schmidt, #5 Exhibit Affidavit of Rick Schmidt, #6 Exhibit Affidavit of Liz Schmidt, #7 Exhibit Affidavit of Gjordan Zealand, #8 Exhibit Affidavit of Elizabeth Bennett, #9 Exhibit Affidavit of Amy Burns, #10 Exhibit Four Registration of of Ne Med, #11 Exhibit Press Release re: construction BMC, #12 Errata Affidavit of Patrick Cullan)(Cullan, Patrick)
September 14, 2015 Filing 267 BRIEF in opposition to MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 , Index, #264 , Brief, #265 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
September 11, 2015 Filing 266 APPLICATION/ORDER admitting pro hac vice Attorney Robert S. Peck for Plaintiffs Doran Schmidt and Sage Schmidt. Ordered by Deputy Clerk. (MKR)
August 26, 2015 Filing 265 BRIEF in support of MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
August 26, 2015 Filing 264 INDEX in support of MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument #263 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C.. (Attachments: #1 Exhibit A)(Welch, Brien)
August 26, 2015 Filing 263 MOTION for New Trial Post-Trial Motions Pursuant to Fed.R.Civ.P. 50, 59 and 60 and Request for Oral Argument by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
August 14, 2015 Opinion or Order Filing 262 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 Bellevue 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)
August 12, 2015 Filing 261 MOTION Judgment Stay by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
August 12, 2015 Filing 260 RESPONSE regarding MOTION to Stay Judgment Pursuant to Fed.R.Civ.P. 62(b) #258 , Brief #259 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
August 12, 2015 Filing 259 BRIEF in support of MOTION to Stay Judgment Pursuant to Fed.R.Civ.P. 62(b) #258 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
August 12, 2015 Filing 258 MOTION to Stay Judgment Pursuant to Fed.R.Civ.P. 62(b) by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
August 12, 2015 Filing 257 MOTION for Hearing by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
August 10, 2015 Filing 256 Jury Instructions. (JB)
August 8, 2015 Filing 255 TRANSCRIPT (UNREDACTED) of portion of jury trial proceedings before Chief Judge Laurie Smith Camp held on August 3, 2015. Pages 1 through 116. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. # Click here to view the Transcript Redaction Procedure. - Redaction Request due 8/31/2015. Redacted Transcript Deadline set for 9/8/2015. Release of Transcript Restriction set for 11/6/2015. (BLF) Modified on 11/9/2015 to remove text regarding restricted access (GJG).
August 6, 2015 Filing 254 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Verdict, #253 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (GJG)
August 6, 2015 Filing 253 JURY VERDICT with foreperson's signature redacted pursuant to the E-Government Act in favor of Plaintiff Sage Schmidt in the amount of $17,000,000.00. Type of case: Medical malpractice claim. Attorneys: Joseph P. Cullan, Patrick J. Cullan - PART 1 OF 2. (GJG)
August 6, 2015 Filing 252 PART 2 OF 2 - FOREPERSON'S SIGNATURE Page regarding Jury Question #251 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (GJG)
August 6, 2015 Filing 251 JURY QUESTION to the Court and Court's Answer to the Jury with juror's signature redacted pursuant to the E-Government Act - PART 1 OF 2. (GJG)
August 6, 2015 Opinion or Order Filing 250 JUDGMENT - Judgment is entered in favor or 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 $17,000,000.00, plus post-judgment interest at the rate of 0.33 percent per annum. Ordered by Chief Judge Laurie Smith Camp. (GJG)
August 6, 2015 Filing 249 WITNESS LIST from jury trial held on July 27-August 6, 2015 regarding Minutes 247 .(MLF, )
August 6, 2015 Filing 248 EXHIBIT LIST from jury trial held on July 27-August 6, 2015 regarding Minutes 247 .(MLF, )
August 6, 2015 Filing 247 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 8/6/2015. Defendant's renewed oral motion for Rule 50(a) for judgment as a matter of law is denied. Final instructions read to jury. Closing arguments. Jury received case at 11:25 AM. Verdict received 4:20 PM for: Plaintiff in the amount of $17,000,000.00. Clerk file verdict and enter judgment. Number of trial days with evidence 8 days. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan and Joseph P. Cullen; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9:04 AM; Time Stop: 4:24 PM; Time in Court: 2 Hours 8 Minutes. (MLF, )
August 5, 2015 Filing 246 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 8/5/2015. Evidence by plaintiff and defendant. Defendant rests. Instruction conference held in chambers. Jury Trial continued to 8/6/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan and Joseph P. Cullen; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9:12 AM; Time Stop: 3:30 PM; Time in Court: 4 Hour 2 Minutes. (MLF, ) Modified on 8/6/2015 to correct text (MLF, ).
August 4, 2015 Filing 245 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 8/4/2015. Evidence by defendant. Jury Trial continued to 8/5/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan and Joseph P. Cullen; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9: 05 AM;Time Stop: 3:39 PM; Time in Court: 4 Hours 17 Minutes (MLF, )
August 3, 2015 Filing 244 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 8/3/2015. Plaintiff rests. Defendant's oral motion for Rule 50(a) for judgment as a matter of law is denied. Evidence by defendant. Jury Trial continued to 8/4/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan and Joseph P. Cullen; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9: 05 AM;Time Stop: 4:32 PM; Time in Court: 5 Hour 14 Minutes. (MLF, )
July 31, 2015 Filing 243 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 7/31/2015. Evidence by Plaintiff. Jury trial continued to 8/3/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan and Joseph P. Cullen; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9:12 AM; Time Stop: 11:43 AM; Time in Court: 2 Hours 3 Minutes. (MLF, )
July 30, 2015 Filing 242 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 7/30/2015. Defendant's oral motion in limine is granted. Evidence by plaintiff. Jury Trial continued to 7/31/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan and Joseph P. Cullen; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9:11 AM; 2 hour 9 MinTime Stop: 4:30 PM; Time in Court: 5 Hours 9 Minutes. (MLF, )
July 29, 2015 Filing 241 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 7/29/2015. Evidence by Plaintiff. Jury Trial continued to 7/30/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9:15 AM; Time Stop: 3:47 PM; Time in Court: 4 Hours 14 Minutes. (MLF, )
July 28, 2015 Filing 240 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial held on 7/28/2015. Evidence by plaintiff. Jury Trial continued to 7/29/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 9:15 AM; Time Stop: 4:42 PM; Time in Court: 4 Hours 30 Minutes (MLF, )
July 27, 2015 Filing 239 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Jury Trial began on 7/27/2015. Pretrial Conference held prior to trial in chambers. Statement #237 is denied. Joint oral motion to sequester witnesses is granted. Voir dire held. Jury impaneled. Preliminary Instructions given to jury. Opening statements. Evidence by plaintiff and defendant. Jury Trial continued to 7/28/2015 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Courtroom deputy: Marian Lea Frahm; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Cullan; Appearance for Defendant: Kathryn J. Cheatle and Brien M. Welch; Time Start: 8:47 AM; Time Stop: 4:52 PM; Time in Court: 5 Hours 10 Minutes (MLF, )
July 27, 2015 Filing 238 JURY PANEL RECORD. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (GJG)
July 24, 2015 Filing 237 STATEMENT regarding: Order on Motion to Continue, Order on Objection #236 To Magistrate Judge's Order by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
July 24, 2015 Opinion or Order Filing 236 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)
July 24, 2015 Filing 235 RESPONSE regarding OBJECTION to Motion to Continue #232 #234 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
July 24, 2015 Filing 234 OBJECTION to Motion to Continue #232 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
July 24, 2015 Filing 233 INDEX in support of MOTION to Continue Trial Date #232 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt. (Attachments: #1 Affidavit Patrick J. Cullan)(Cullan, Patrick)
July 24, 2015 Filing 232 MOTION to Continue Trial Date by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
July 22, 2015 Filing 231 NOTICE of Jury Pool Trial Report and Supplemental Questionnaires. Counsel should refrain from reproducing and/or distributing these documents. Counsel is required to permanently delete electronic copies and destroy paper copies of the supplemental questionnaires after voir dire. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (BMH)
July 20, 2015 Filing 230 BRIEF for Trial by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
July 20, 2015 Filing 229 PROPOSED JURY INSTRUCTIONS by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.. (Cullan, Patrick)
July 20, 2015 Filing 228 BRIEF Trial Brief by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
July 20, 2015 Filing 227 PROPOSED JURY INSTRUCTIONS and Verdict Forms by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C... (Cheatle, Kathryn)
July 18, 2015 Filing 226 TRANSCRIPT (UNREDACTED) of Dr. Smith's testimony from hearing before Chief Judge Laurie Smith Camp held on July 8, 2015. Pages 1 through 41. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. # Click here to view the Transcript Redaction Procedure. - Redaction Request due 8/10/2015. Redacted Transcript Deadline set for 8/18/2015. Release of Transcript Restriction set for 10/16/2015. (BLF) Modified on 11/25/2015 to remove text regarding restricted access (GJG).
July 15, 2015 Filing 225 TRANSCRIPT (UNREDACTED) of Dr. Gubernick's testimony from hearing before Chief Judge Laurie Smith Camp held on July 8, 2015. Pages 1 through 25. The transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. # Click here to view the Transcript Redaction Procedure. - Redaction Request due 8/5/2015. Redacted Transcript Deadline set for 8/17/2015. Release of Transcript Restriction set for 10/13/2015. (BLF) Modified on 11/25/2015 to remove text regarding restricted access (GJG).
July 8, 2015 Filing 224 WITNESS LIST from hearing held on 7/8/2015 regarding Minutes 222 . (MLF, )
July 8, 2015 Filing 223 EXHIBIT LIST from hearing held on 7/8/2015 Minutes 222 .(MLF, )
July 8, 2015 Filing 222 TEXT MINUTE ENTRY for proceedings held before Chief Judge Laurie Smith Camp. Hearing held on 7/8/2015. Evidence by plaintiff and defendant. Court amends order #195 as follows: on page 10, in paragraph 2(b), in the last two full lines of the paragraph, I will strike the words, "or in utero fetal head compression or trauma". Motion in Limine #201 is granted as to paragraph 1, paragraph 4, paragraph 6, paragraph 7, paragraph 8, paragraph 9, paragraph 12, and paragraph 13. As it relates to the other paragraphs, the motion is denied without prejudice to the plaintiff's raising their objections at the time of trial. Motion in Limine #202 is granted with one modification. On page 2, bullet point number 2, will now read: Testimony from the plaintiffs' expert witnesses Stephen Glass, MD and Martin Gubernick, MD, per the order of this Court.Courtroom Deputy: Marian Lea FrahmCourt Reporter: Brenda Fauber; Appearance for Plaintiffs: Joseph P. Cullen and Patrick J. Cullen; Appearance for Defendant: Brien M. Welch and Kathryn J. Cheatle; Time Start: 1:12 PM; Time Stop: 5:03 PM; Time in Courts: 3 Hour 45 Minutes (MLF, )
July 7, 2015 Opinion or Order Filing 221 TEXT ORDER denying as moot #208 Plaintiffs' Motion to Quash Deposition Notice. Defendant has withdrawn its Notice #205 to take the deposition of Dr. Rebecca Baergen #220 . Therefore, Plaintiffs' Motion to Quash is moot. Ordered by Magistrate Judge F.A. Gossett. (LRH)
July 6, 2015 Filing 220 NOTICE to Take Deposition of Rebecca Baergen, M.D. Withdrawal of Amended Notice of Deposition of Rebecca Baergen, M.D. by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
July 6, 2015 Opinion or Order Filing 219 ORDER ON FINAL PRETRIAL CONFERENCE - estimated length of trial is 9 days; Jury Trial set for 7/27/2015 at 09:00 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. (GJG)
July 2, 2015 Opinion or Order Filing 218 TEXT ORDER - Defendant shall respond to Plaintiffs' Motion to Quash #208 no later than 7/6/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
July 1, 2015 Filing 217 RESPONSE regarding MOTION to Quash Deposition of Dr. Baergen #208 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 30, 2015 Opinion or Order Filing 216 TEXT ORDER granting #211 The Bellevue Medical Center's Motion to Restrict Access to Documents. Access to The Bellevue Medical Center's Reference List #212 and Index of Evidence #214 offered in opposition to Plaintiffs' Motion in Limine shall remain restricted to the Court and case participants. Ordered by Magistrate Judge F.A. Gossett. (LRH)
June 29, 2015 Opinion or Order Filing 215 ORDER RE: TRIAL PREPARATION (CIVIL JURY TRIAL). Ordered by Chief Judge Laurie Smith Camp. (JB)
June 26, 2015 Filing 214 RESTRICTED DOCUMENT Index of Evidence in Support of Brief in Opposition to Plaintiffs' Motion in Limine regarding MOTION to Restrict pursuant to the E-Government Act #211 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cheatle, Kathryn)
June 26, 2015 Filing 213 BRIEF in opposition to MOTION in Limine of Plaintiffs #201 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 26, 2015 Filing 212 RESTRICTED DOCUMENT Reference List regarding MOTION to Restrict pursuant to the E-Government Act #211 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 26, 2015 Filing 211 MOTION to Restrict pursuant to the E-Government Act by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 25, 2015 Opinion or Order Filing 210 TEXT ORDER regarding #208 Plaintiffs' Motion to Quash Deposition Notice (Filing No. 205). Defendant shall file a response to the plaintiffs' motion to quash on or before July 1, 2015. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
June 24, 2015 Filing 209 INDEX in support of MOTION to Quash Deposition of Dr. Baergen #208 by Attorney Patrick J. Cullan on behalf of Plaintiff Sage Schmidt. (Attachments: #1 Exhibit A)(Cullan, Patrick)
June 24, 2015 Filing 208 MOTION to Quash Deposition of Dr. Baergen by Attorney Patrick J. Cullan on behalf of Plaintiff Sage Schmidt.(Cullan, Patrick)
June 18, 2015 Opinion or Order Filing 207 TEXT ORDER: Amicus party American College of Obstetrics & Gynecology is terminated from these proceedings and the Clerk's Office will discontinue notices of CM/ECF filings to its counsel of record. Ordered by Chief Judge Laurie Smith Camp. (GJG)
June 17, 2015 Opinion or Order Filing 206 ORDER - Plaintiffs' Motion for Evidentiary Hearing (Filing No. #197 ) is granted, in part. An evidentiary hearing will commence on Wednesday, July 8, 2015, at 1:00 p.m., in Courtroom 2, Roman L. Hruska, United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before the undersigned. Witnesses will be permitted to testify by video conference. The scope of the evidentiary hearing will be limited to whether Plaintiffs have met their burden of demonstrating that the following evidence is the product of reliable principles and methods: 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), or in-utero fetal head compression or trauma resulting from contractile forces of labor. The evidentiary hearing will last no more than four hours, allotted as follows: a. Plaintiffs may not use more than two hours for any opening remarks; direct examination and re-direct examination of Dr. Stephen Glass, M.D., and Dr. Martin Gubernick, M.D.; presentation of any additional evidence; cross examination of Defendants witnesses, if any; and any closing argument; b. Defendant may not use more than two hours for opening remarks; cross- examination of Dr. Stephen Glass, M.D., and Dr. Martin Gubernick, M.D.; direct examination and re-direct examination of Defendants witnesses, if any; presentation of any additional evidence; and any closing argument. The Motion is otherwise denied. Ordered by Chief Judge Laurie Smith Camp. (GJG)
June 17, 2015 Filing 205 NOTICE to Take Deposition of Rebecca Baergen, M.D. Amended by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
June 16, 2015 Filing 204 NOTICE to Take Deposition of Rebecca Baergen, M.D. by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
June 12, 2015 Filing 203 BRIEF in support of MOTION in Limine #202 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 12, 2015 Filing 202 MOTION in Limine by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 12, 2015 Filing 201 MOTION in Limine of Plaintiffs by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
June 10, 2015 Filing 200 Mail Returned as Undeliverable addressed to mnovotny@ldmlaw.com, pattym@ldmlaw.com and ntenney@ldmlaw.com, regarding Reply, #199 and Letter regarding Pretrial Conference #198 . E-mail regenerated to mnovotny@ldmlaw.com, pattym@ldmlaw.com, ntenney@ldmlaw.com,. (DKM, )
June 5, 2015 Filing 199 REPLY regarding MOTION for Hearing regarding Order on Motion in Limine,,,,,, Order on Motion for Summary Judgment,,,,,, Order on Motion for Leave,,,,, #195 Plaintiffs' Motion for Evidentiary Hearing #197 Defendant's Memorandum in Response to Plaintiffs' Motion for Evidentiary Hearing by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 5, 2015 Filing 198 LETTER to counsel regarding the 6/26/2015 Pretrial Conference with Magistrate Judge F.A. Gossett. (ARL, )
June 3, 2015 Filing 197 MOTION for Hearing regarding Order on Motion in Limine,,,,,, Order on Motion for Summary Judgment,,,,,, Order on Motion for Leave,,,,, #195 Plaintiffs' Motion for Evidentiary Hearing by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
June 2, 2015 Opinion or Order Filing 196 TEXT ORDER. On the court's own motion and consultation with counsel, the Pretrial Conference is moved to 6/26/2015 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
May 27, 2015 Opinion or Order Filing 195 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 Center'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 cause 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"), 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 22, 2015 Filing 194 DISCLOSURE Plaintiffs' Pretrial Disclosures by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
May 22, 2015 Filing 193 DISCLOSURE Pretrial Disclosures by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
May 19, 2015 Opinion or Order Filing 192 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 Clerk 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)
May 18, 2015 Filing 191 JOINT STIPULATION FOR DISMISSAL /ORDER OF DISMISSAL by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey.(Frank, Ronald)
May 18, 2015 Filing 190 JOINT STIPULATION FOR DISMISSAL by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey.(Frank, Ronald)
May 8, 2015 Opinion or Order Filing 189 ORDER - The Motion in Limine to Exclude Causation Testimony of Plaintiff's Experts (Filing No. #146 ) and the Motion for Summary Judgment (Filing No. #155 ) filed by Defendants Heather Ramsey, APRN-CNM ("Ramsey") and The Midwives Place, LLC, are denied as moot. On or before June 8, 2015, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief District Judge Laurie Smith Camp, at smithcamp@ned.uscourts.gov, a draft order which will fully dispose of Plaintiffs' claims against Defendants Heather Ramsey, APRN-CNM ("Ramsey") and The Midwives Place, LLC. Ordered by Chief Judge Laurie Smith Camp. (GJG, )
May 7, 2015 Filing 188 BRIEF in support of MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
May 1, 2015 Filing 187 BRIEF in opposition to Brief #163 , MOTION for Summary Judgment #162 , Restricted Document,,,, #165 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
April 27, 2015 Filing 186 INDEX in opposition to Brief #164 , Restricted Document,, #166 , MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 , Restricted Document,,,, #165 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt. (Attachments: #1 Exhibit Grow v. Good, #2 Exhibit Order dated 9-19-13, #3 Exhibit The Effect of Head Compression on FHR, #4 Exhibit Effect of Cephalic Pressure, #5 Exhibit Animal Models of Hypoxic, #6 Exhibit Dr. Schifrin's affidavit, #7 Exhibit Dr. Schifrin's CV, #8 Exhibit Dr. Swaiman's affidavit, #9 Exhibit Dr. Swaiman's affidavit, #10 Exhibit Dr. Swaiman's affidavit, #11 Exhibit Dr. Swainman's cv, #12 Exhibit Fetal and Neonatal Pathology, #13 Exhibit Traumatic versus Anoxic, #14 Exhibit Adverse Perinatal Effects, #15 Exhibit Some Important Factors in the Molding, #16 Exhibit Relation Between Frequency of Uterine, #17 Exhibit pAge 14-15 Brief filed in Darwin, #18 Exhibit Order dated 3-8-13, #19 Exhibit Fetal Hypoxic and ischemic injuries, #20 Exhibit Dr. Schifrin published textbook chapter, #21 Exhibit Dorothy Laabs Depo, #22 Exhibit Jane McLandsborough depo, #23 Exhibit Dr. Guberkick depo, #24 Exhibit Pitocin package insert, #25 Exhibit Laura Mahlmeister Depo, #26 Exhibit Report of Dr. Barnes, #27 Exhibit Dr. Glass cv, #28 Exhibit Dr. Glass report, #29 Exhibit Dr. Gubernick's Affidavit, #30 Exhibit Dr. Barnes depo, #31 Exhibit Dr. Barnes cv, #32 Exhibit The Influence of Pressure, #33 Exhibit Pressure Exerted by Uterine Contractions, #34 Exhibit External cephalic version induced, #35 Exhibit Diseases of the Fetus and Infant, #36 Exhibit Affidavit of Patrick J. Cullan)(Cullan, Patrick)
April 27, 2015 Filing 185 BRIEF in opposition to Brief #164 , MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 , Restricted Document,, #166 , Restricted Document,,,, #165 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
April 27, 2015 Filing 184 BRIEF in opposition to Brief, #170 , Brief, #169 , Affidavit,, #172 , Index, #171 , MOTION for Leave of the American College of Obstetricians and Gynecologists to File Brief and Evidence as Amicus Curiae in Support of Defendants' Motion in Limine #168 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
April 24, 2015 Opinion or Order Filing 183 TEXT ORDER granting #182 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs shall respond to the Motion in Limine #160 and Motion for Leave to File Amicus Curiae Brief #168 by or before 4/27/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
April 23, 2015 Filing 182 UNOPPOSED MOTION to Extend by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
April 22, 2015 Opinion or Order Filing 181 TEXT ORDER granting #179 Motion to Continue. Plaintiffs shall respond to Bellevue Medical Center's Motion for Summary Judgment #162 by or before 5/1/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
April 21, 2015 Filing 180 BRIEF in support of MOTION to Continue Purusant to Fed. R. Civ. P. 56(d) #179 by Attorney Joseph P. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Joseph)
April 21, 2015 Filing 179 MOTION to Continue Purusant to Fed. R. Civ. P. 56(d) by Attorney Joseph P. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Joseph)
April 14, 2015 Filing 176 RESPONSE regarding MOTION for Summary Judgment Pursuant to F.R.C.P. 56 #155 , Affidavit, #158 , Brief #156 , Index,, #157 Filed by Defendants Heather Ramsey and Midwives Place by Attorney Joseph P. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Joseph)
April 14, 2015 Opinion or Order Filing 175 TEXT ORDER granting #174 Motion for Extension of Time. Plaintiffs shall respond to Defendant's Motion in Limine #160 and the Motion for Leave to file Brief as Amicus Curiae #168 by or before 4/24/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
April 13, 2015 Filing 174 MOTION for Extension of Time to File a Responsive Pleading by Attorney Joseph P. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Joseph)
April 8, 2015 Filing 173 RESPONSE regarding Brief, #147 , Declaration, #154 , MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 , Declaration, #150 , Index,, #148 , Declaration, #149 , Declaration, #153 , Declaration, #152 , Declaration, #151 Motion In Limine filed by Defendants Ramsey and Midwives Place by Attorney Joseph P. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Joseph)
April 2, 2015 Filing 172 AFFIDAVIT of Albert L. Strunk, M.D. in Support of the American College of Obstetricians and Gynecologists as Amicus Curiae as to Defendants' Daubert Motion in Limine regarding MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 , MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 by Attorney Mark E. Novotny on behalf of American College of Obstetricians and Gynecologists. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Novotny, Mark) Modified on 4/3/2015 to correct filer name (CS).
April 2, 2015 Filing 171 INDEX in support of MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 , MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 of the American College of Obstetricians and Gynecologists as Amicus Curiae as to Defendants' Daubert Motion in Limine by Attorney Mark E. Novotny on behalf of American College of Obstetricians and Gynecologists.(Novotny, Mark) Modified on 4/3/2015 to correct filer name (CS).
April 2, 2015 Filing 170 BRIEF in support of MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 , MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 of The American College of Obstetricians and Gynecologists as Amicus Curiae as to Defendants' Daubert Motions in Limine by Attorney Mark E. Novotny on behalf of American College of Obstetricians and Gynecologists.(Novotny, Mark) Modified on 4/3/2015 to correct filer name (CS).
April 2, 2015 Filing 169 BRIEF in support of MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 , MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 of the American College of Obstetricians and Gynecologists' Motion for Leave to File Brief as Amicus Curiae by Attorney Mark E. Novotny on behalf of American College of Obstetricians and Gynecologists.(Novotny, Mark) Modified on 4/3/2015 to correct filer name (CS).
April 2, 2015 Filing 168 MOTION for Leave of the American College of Obstetricians and Gynecologists to File Brief and Evidence as Amicus Curiae in Support of Defendants' Motion in Limine by Attorney Mark E. Novotny on behalf of American College of Obstetricians and Gynecologists.(Novotny, Mark) Modified on 4/3/2015 to correct filer name (CS).
April 1, 2015 Opinion or Order Filing 167 TEXT ORDER granting #161 Motion to Restrict Access to Documents. Access to Filing Nos. 165 and 166 herein shall remain restricted to case participants and the Court. Ordered by Magistrate Judge F.A. Gossett. (LRH)
March 31, 2015 Filing 166 RESTRICTED DOCUMENT Reference List Pursuant to Federal Rule of Civil Procedure 5.2(g) regarding MOTION to Restrict pursuant to the E-Government Act Motion to File as Restricted Bellevue Medical Center's Reference List and Index of Evidence in Support of Daubert Motion/Motion in Limine and Motion for Summary Judgment #161 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
March 31, 2015 Filing 165 RESTRICTED DOCUMENT Index of Evidence in Support of its Daubert Motion/Motion in Limine and Motion for Summary Judgment regarding MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 , MOTION for Summary Judgment #162 , MOTION to Restrict pursuant to the E-Government Act Motion to File as Restricted Bellevue Medical Center's Reference List and Index of Evidence in Support of Daubert Motion/Motion in Limine and Motion for Summary Judgment #161 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, Part 1, #3 Exhibit 2, Part 2, #4 Exhibit 3, Part 1, #5 Exhibit 3, Part 2, #6 Exhibit 3, Part 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, Part 1, #11 Exhibit 7, Part 2)(Welch, Brien)
March 31, 2015 Filing 164 BRIEF in support of MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument #160 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
March 31, 2015 Filing 163 BRIEF in support of MOTION for Summary Judgment #162 by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
March 31, 2015 Filing 162 MOTION for Summary Judgment by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
March 31, 2015 Filing 161 MOTION to Restrict pursuant to the E-Government Act Motion to File as Restricted Bellevue Medical Center's Reference List and Index of Evidence in Support of Daubert Motion/Motion in Limine and Motion for Summary Judgment by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
March 31, 2015 Filing 160 MOTION in Limine Daubert Motion/Motion in Limine and Request for Oral Argument by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
March 26, 2015 Filing 159 DECLARATION regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 of Philippe Friedlich (signed) by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Valitutti, Ralph)
March 26, 2015 Filing 158 AFFIDAVIT of Ralph Valitutti (Corrected) regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Valitutti, Ralph)
March 25, 2015 Filing 157 INDEX in support of MOTION for Summary Judgment Pursuant to F.R.C.P. 56 #155 by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Deposition of Doran Schmidt, #2 Exhibit Medicaid Contract, #3 Exhibit Affidavit of Heather Ramsey, #4 Exhibit Affidavit of Stanley Berry, MD, #5 Exhibit Amended Answer, et al, #6 Exhibit Medicaid Manual Letter, #7 Exhibit Deposition of Heather Ramsey)(Valitutti, Ralph)
March 25, 2015 Filing 156 BRIEF in support of MOTION for Summary Judgment Pursuant to F.R.C.P. 56 #155 by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Affidavit)(Valitutti, Ralph)
March 25, 2015 Filing 155 MOTION for Summary Judgment Pursuant to F.R.C.P. 56 by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Valitutti, Ralph)
March 25, 2015 Filing 154 DECLARATION regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 Exhibit K, Declaration of Richard Towbin, MD by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Report of Richard Towbin, MD, #2 Exhibit Richard Towbin, MD CV)(Valitutti, Ralph)
March 25, 2015 Filing 153 DECLARATION regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 Exhibit J, Declaration of Mark Steven Scher, MD by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Report of Mark Steven Scher, MD, #2 Exhibit Mark Steven Scher, MD CV)(Valitutti, Ralph)
March 25, 2015 Filing 152 DECLARATION regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 Exhibit I, Declaration of Andrew W. Robertson, MD by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Report of Andrew W. Robertson, MD, #2 Exhibit Andrew W. Robertson CV)(Valitutti, Ralph)
March 25, 2015 Filing 151 DECLARATION regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 Exhibit H Declaration of David A. Miller, MD by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Report of David A. Miller, MD, #2 Exhibit David A. Miller, MD CV)(Valitutti, Ralph)
March 25, 2015 Filing 150 DECLARATION regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 Exhibit G Declaration of John T. MacDonald, MD by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Report of John T. MacDonald MD, #2 Exhibit John T. MacDonald, MD CV)(Valitutti, Ralph)
March 25, 2015 Filing 149 DECLARATION regarding MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 Exhibit F Declaration of Philippe Friedlich by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Report of Phillippe S. Friedlich, MD, #2 Exhibit Phillippe Friedlich, MD CV)(Valitutti, Ralph)
March 25, 2015 Filing 148 INDEX in support of MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Deposition of Stephen Glass, MD, #2 Exhibit Report of Stephen Glass, MD, #3 Exhibit Deposition of Martin Gubernick, MD, #4 Exhibit Report of Martin Gubernick, MD, #5 Exhibit Excerpt from Fetal Heart Monitoring, 4th Edition)(Valitutti, Ralph)
March 25, 2015 Filing 147 BRIEF in support of MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts #146 by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Affidavit of Ralph F. Valitutti in Support of Motion in Limine)(Valitutti, Ralph)
March 25, 2015 Filing 146 MOTION in Limine to Exclude Causation Testimony of Plaintiff's Experts by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Valitutti, Ralph)
March 24, 2015 Filing 145 NOTICE of Serving Supplemental Expert Witness Disclosure by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey (Frank, Ronald)
March 5, 2015 Opinion or Order Filing 144 TEXT ORDER SETTING TRIAL: On the court's own motion, the Jury Trial is continued to 7/27/2015 at 9:00 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. (MLF, )
March 3, 2015 Opinion or Order Filing 143 ORDER - Plaintiffs' Motion to Quash Deposition Notices (filing #139 ) is granted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
February 27, 2015 Filing 142 REPLY BRIEF in support of MOTION to Quash Depositions #139 by Attorney Joseph P. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Joseph)
February 25, 2015 Filing 141 INDEX in opposition to MOTION to Quash Depositions #139 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Plaintiffs' Initial Disclosures, #2 Exhibit Deposition Pages, #3 Affidavit)(Frank, Ronald)
February 25, 2015 Filing 140 BRIEF in opposition to MOTION to Quash Depositions #139 , and Request for Expedited Ruling by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
February 23, 2015 Filing 139 MOTION to Quash Depositions by Attorney Joseph P. Cullan on behalf of Plaintiff Sage Schmidt.(Cullan, Joseph)
February 23, 2015 Filing 138 NOTICE to Take Deposition of JENNIFER LEMAIRE at 3:00 PM PST on 3/5/15 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
February 18, 2015 Filing 137 NOTICE of SERVICE by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
February 18, 2015 Filing 136 NOTICE to Take Deposition of JENNIFER LEMAIRE on 3/5/2015 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
February 18, 2015 Filing 135 NOTICE to Take Deposition of ALEJANDRA APIAZU-MARTIN on 3/4/2015 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
February 9, 2015 Opinion or Order Filing 134 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 Opinion or Order Filing 133 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 or 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)
January 30, 2015 Filing 132 NOTICE of serving Supplemental Answers to Interrogatories (Experts) by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
January 30, 2015 Filing 131 NOTICE of Service of Discovery Responses by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
January 20, 2015 Filing 130 REPLY BRIEF in support of MOTION to Compel compliance with subpoena MOTION for Protective Order (HIPAA) #126 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
January 15, 2015 Filing 129 RESPONSE regarding MOTION to Compel compliance with subpoena MOTION for Protective Order (HIPAA) #126 , Index, #127 , Brief #128 by Attorney Joseph P. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Joseph)
January 5, 2015 Filing 128 BRIEF in support of MOTION to Compel compliance with subpoena MOTION for Protective Order (HIPAA) #126 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
January 5, 2015 Filing 127 INDEX in support of MOTION to Compel compliance with subpoena MOTION for Protective Order (HIPAA) #126 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Frank, Ronald)
January 5, 2015 Filing 126 MOTION to Compel compliance with subpoena, MOTION for Protective Order (HIPAA) by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit EX. A - Proposed Order)(Frank, Ronald)
December 12, 2014 Filing 125 NOTICE of serving Defendants Heather Ramsey and The Midwife's Place, LLC Supplemental Response to Plaintiffs' Request for Production and Supplemental Answer to Plaintiffs' Interrogatories by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey (Frank, Ronald)
December 1, 2014 Filing 124 DISCLOSURE of Names and Addresses of Expert Witnesses by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
December 1, 2014 Filing 123 NOTICE OF SERVING AMENDED DESIGNATION OF EXPERT WITNESSES by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
November 26, 2014 Filing 122 NOTICE OF SERVING DESIGNATION OF EXPERT WITNESSES by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
November 10, 2014 Filing 121 NOTICE to Take Deposition of Dr. Stephen T. Glass AMENDED by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey (Frank, Ronald)
October 30, 2014 Opinion or Order Filing 120 TEXT ORDER granting #119 Bellevue Medical Center, LLC's Motion to Extend Deadlines for Identification of Expert Witnesses. Defendants shall submit expert reports no later than 1/30/2015. Plaintiffs shall disclose rebuttal experts no later than 2/14/2015. Ordered by Magistrate Judge F.A. Gossett. (LRH)
October 29, 2014 Filing 119 MOTION to Extend Deadlines for Identification of Expert Witnesses by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
October 23, 2014 Filing 118 NOTICE to Take Deposition of Dr. Martin Gubernick by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey (Frank, Ronald)
October 14, 2014 Filing 117 NOTICE to Take Deposition of Laura R. Mahlmeister -AMENDED by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey (Frank, Ronald)
October 9, 2014 Filing 116 NOTICE to Take Deposition of Stephen T. Glass, M.D. by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
October 2, 2014 Filing 115 NOTICE to Take Deposition of LAURA R. MAHLMEISTER PHD RN by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey (Frank, Ronald)
October 2, 2014 Filing 114 NOTICE to Take Deposition of PATRICK D. BARNES M.D. by Attorney Ronald E. Frank on behalf of Defendant Heather Ramsey (Frank, Ronald)
June 27, 2014 Opinion or Order Filing 113 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 26, 2014 Filing 112 Joint MOTION to Extend Proposed Order to Extend Deadlines by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
June 16, 2014 Opinion or Order Filing 111 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 extension, 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)
June 13, 2014 Filing 110 MOTION to Extend Deadline for identification of expert witnesses by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
June 13, 2014 Filing 109 NOTICE of Service of Discovery Responses by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
May 9, 2014 Filing 108 NOTICE to Take Deposition of Heather Ramsey Video Taped by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt (Cullan, Patrick)
May 1, 2014 Filing 107 NOTICE to Take Deposition of Doran Schmidt by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
April 21, 2014 Filing 106 NOTIFICATION of Request for Video Recording by Clerk.(MLF, )
April 14, 2014 Opinion or Order Filing 105 ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - The parties' Joint Motion #103 is granted. Depositions due 12/15/2014. Pretrial Conference set for 3/23/2015 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 4/21/2015 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, )
April 14, 2014 Filing 104 TEXT MINUTE ENTRY for in chambers proceedings held before Magistrate Judge F.A. Gossett on 4/14/2014. Counsel appeared telephonically. Patrick Cullan represented the plaintiffs. Ronald Frank represented defendants Ramsey and Midwives Place, and Kathryn Cheatle represented defendant Bellevue Medical Center. Status of the case and the parties' Joint Motion #103 reviewed. Progression order to be issued. (ARL, )
April 11, 2014 Filing 103 Joint MOTION Revise Discovery Deadlines by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
April 2, 2014 Filing 102 Certificate Of Service of Discovery Responses by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
February 10, 2014 Opinion or Order Filing 101 TEXT ORDER. Counsel appeared telephonically for a R.16 planning conference. Progression of the case reviewed. The Planning Conference is continued to 4/14/2014 at 09:30 AM before Magistrate Judge F.A. Gossett, to be held by telephone call initiated by counsel for the plaintiff. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
February 10, 2014 Filing 100 TEXT MINUTE ENTRY for in chambers proceedings held before Magistrate Judge F.A. Gossett on 2/10/2014. Counsel appeared telephonically. Patrick J. Cullan represented the plaintiff. Ronald Frank represented defendants Ramsey and Midwives Place. Kathryn Cheatle represented defendant Bellevue Medical Center. Progression of the case reviewed. Conference to be continued. (ARL, )
February 6, 2014 Opinion or Order Filing 99 TEXT ORDER regarding Motions to Extend Deadline for Identification of Expert Witnesses #97 #98 . The requests for an extension of the expert witness deadline are noted and will be addressed at the planning conference scheduled for 2/10/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH)
February 6, 2014 Filing 98 MOTION to Extend Deadline, joining in Bellevue Medical Center's Joint MOTION to Extend Deadline for Identification of Expert Witnesses #97 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
February 3, 2014 Filing 97 Joint MOTION to Extend Deadline for Identification of Expert Witnesses by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
February 3, 2014 Filing 96 AMENDED ANSWER to Amended Complaint #3 with with jury demand , and Affirmative Defenses, by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC(Frank, Ronald)
February 3, 2014 Opinion or Order Filing 95 TEXT ORDER granting #93 Joint Motion to Extend Deadline for Identification of Expert Witnesses. Plaintiffs shall identify expert witnesses by or before 3/20/2014. Additional deadline extensions will be discussed during the planning conference on 2/10/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH)
February 3, 2014 Opinion or Order Filing 94 TEXT ORDER granting #90 Motion for Leave to File Amended Answer and Affirmative Defenses. Heather Ramsey and The Midwife's Place, LLC shall file their amended answer by or before 2/4/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH)
January 31, 2014 Filing 93 Joint MOTION to Extend Deadlines for Identification of Expert Witnesses by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
January 29, 2014 Filing 92 NOTICE Of Issuance of Subpoena Duces Tecum by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Attachments: #1 Exhibit "1")(Cheatle, Kathryn)
January 28, 2014 Filing 91 BRIEF in support of MOTION for Leave to File Amended Answer & Affirmative Defenses #90 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
January 28, 2014 Filing 90 MOTION for Leave to File Amended Answer & Affirmative Defenses by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Exhibit A - Proposed Amended Answer & Affirmative Defenses)(Frank, Ronald)
January 8, 2014 Filing 89 NOTICE of Service of Amended Interrogatories and Supplemental Requests for Production by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
December 31, 2013 Opinion or Order Filing 88 TEXT ORDER granting #87 Defendants' Joint Motion to Modify Progression Order and Discovery Deadlines. Defendants shall identify expert witnesses by or before 5/6/2014. Defendants shall serve expert reports by or before 7/3/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH)
December 30, 2013 Filing 87 Joint MOTION to Amend of Defendants to Modify Initial Progression Order and Discovery Deadlines by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
December 30, 2013 Opinion or Order Filing 86 TEXT ORDER. Counsel appeared telephonically for a R.16 planning conference. After discussion on the progression of the case, the Planning Conference is continued 2/10/2014 at 10:00 AM before Magistrate Judge F.A. Gossett. The conference will be held by telephone call initiated by counsel for the plaintiffs. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
December 30, 2013 Filing 85 TEXT MINUTE ENTRY for in chambers proceedings held before Magistrate Judge F.A. Gossett on 12/30/2013. Counsel appeared telephonically. Patrick Cullan represented the plaintiffs. Ronald Frank represented defendants Ramsey and Midwives Place. Brien Welch and Kathryn Cheatle represented defendant Bellevue Medical Center. Progression of the case reviewed. Conference to be continued. (ARL, )
December 19, 2013 Filing 84 NOTICE of Appearance filed by Attorney Julia K. McNelis on behalf of Defendants Heather Ramsey, and The Midwives Place LLC. (GJG)
December 19, 2013 Filing 83 APPLICATION/ORDER admitting pro hac vice Attorney Julia K. McNelis for Defendants Heather Ramsey, and The Midwives Place LLC. Ordered by Deputy Clerk. (GJG)
December 19, 2013 Opinion or Order Filing 82 TEXT ORDER granting #80 Plaintiffs' Motion to Modify Deadlines. Plaintiffs shall identify expert witnesses by or before 2/3/2014. Plaintiffs shall serve expert reports by or before 3/3/2014. Requests for additional extensions of these deadlines may be considered by the Court at a later date. Ordered by Magistrate Judge F.A. Gossett. (LRH)
December 18, 2013 Filing 81 NOTICE of Issuance of Subpoenas Duces Tecum by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Valitutti, Ralph)
December 18, 2013 Filing 80 MOTION to Extend and Modify Initial Progression Order and Discovery Deadlines by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 26, 2013 Opinion or Order Filing 79 TEXT ORDER denying as moot #76 Defendants' Motion to Compel Deposition. In light of the Court's Memorandum and Order denying Defendants' Motion for Summary Judgment #77 , Defendants' Motion to Compel is rendered moot and is hereby denied. Ordered by Magistrate Judge F.A. Gossett. (LRH)
November 26, 2013 Filing 78 NOTICE of Issuance of Subpoena Duces Tecum by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Attachments: #1 Exhibit 1-25)(Cheatle, Kathryn)
November 25, 2013 Opinion or Order Filing 77 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)
November 25, 2013 Filing 76 MOTION to Compel Deposition of Dr. Paul Gatewood by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Brief in Support of Motion, #2 Affidavit Ralph F. Valitutti, #3 Exhibit Index of Exhibits, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit D, #8 Exhibit Exhibit E)(Valitutti, Ralph)
November 25, 2013 Filing 75 AFFIDAVIT of Ralph F. Valitutti Regarding Reply Brief of Defendants by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Valitutti, Ralph)
November 25, 2013 Opinion or Order Filing 74 TEXT ORDER granting #72 Defendants' Motion for Extension of Time and Motion for Leave to Amend the Title of their Brief. Defendants' Reply Brief, Filing No. 56, is deemed timely submitted. Defendants are hereby granted leave to amend the title of said Reply Brief in accordance with their present motion. Ordered by Magistrate Judge F.A. Gossett. (LRH)
November 25, 2013 Opinion or Order Filing 73 TEXT ORDER granting #69 Motion to Amend Deadlines. As agreed to by the parties in their Rule 26(f) Report #31 , Plaintiffs shall identify their expert witnesses by or before 12/24/2013. Defendants shall identify their expert witnesses by or before 3/24/2014. Ordered by Magistrate Judge F.A. Gossett. (LRH)
November 22, 2013 Filing 72 MOTION for Extension of Time to File a Responsive Pleading by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Bellevue Medical Center L.L.C., Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Affidavit)(Valitutti, Ralph)
November 21, 2013 Filing 71 NOTICE of Service of Discovery Responses by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
November 21, 2013 Filing 70 INDEX in support of MOTION to Amend Deadlines filed on behalf of Defs. Bellevue Medical Center, Heather Ramsey, APRN-CNM and The Midwife's Place, LLC #69 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
November 21, 2013 Filing 69 MOTION to Amend Deadlines filed on behalf of Defs. Bellevue Medical Center, Heather Ramsey, APRN-CNM and The Midwife's Place, LLC by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
November 21, 2013 Opinion or Order Filing 68 TEXT ORDER denying as moot #63 Plaintiffs' Motion to Strike Reply Brief. Plaintiffs' Motion to Strike is denied as moot pursuant to Text Order 67 granting Plaintiffs leave to file a sur-repy brief. Ordered by Magistrate Judge F.A. Gossett. (LRH)
November 21, 2013 Opinion or Order Filing 67 TEXT ORDER granting #65 Plaintiffs' Alternative Motion for Leave to File a Sur-reply Brief in Opposition to Motion for Summary Judgment. Plaintiffs shall file their sur-reply brief in opposition to Defendants' Motion for Summary Judgment #39 by or before 12/12/2013. Ordered by Magistrate Judge F.A. Gossett. (LRH)
November 21, 2013 Filing 66 BRIEF in support of MOTION Alternate Motion to file a Sur-Reply Brief In Opposition to Motion for Summary Judgment #65 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 21, 2013 Filing 65 MOTION Alternate Motion to file a Sur-Reply Brief In Opposition to Motion for Summary Judgment by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 19, 2013 Filing 64 BRIEF in support of MOTION to Strike Reply Brief of Heather Ramsey & Midwife's Place #63 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 19, 2013 Filing 63 MOTION to Strike Reply Brief of Heather Ramsey & Midwife's Place by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 18, 2013 Filing 62 Certificate of Service Discovery Responses and Objections by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 18, 2013 Filing 61 NOTICE to Take Deposition of Dorothy Laabs by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt (Cullan, Patrick)
November 18, 2013 Filing 60 NOTICE to Take Deposition of Jane McLandsborough by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt (Cullan, Patrick)
November 13, 2013 Opinion or Order Filing 59 TEXT ORDER granting #57 Defendants' Motion to Seal Exhibits. Access to Exhibit Nos. 1A, 1B and 2 (filing 56) shall be restricted to the parties of record and the Court. Ordered by Magistrate Judge F.A. Gossett. (LRH)
November 12, 2013 Filing 58 Certificate Of Service Objections to Discovery Requests by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
November 12, 2013 Filing 57 MOTION to file under Seal Defendants' Motion to Seal Exhibits 1A, 1B and 2 to their Reply Brief (Docket #56) by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Appendix Appendix of Exhibits, #2 Text of Proposed Order Proposed Order Sealing Exhibits 1A, 1B and 2 to Defendants' Reply Brief (Dkt No. 56))(Valitutti, Ralph)
November 12, 2013 Filing 56 REPLY BRIEF in support of MOTION for Summary Judgment #39 Reply Brief of Defendants as to Medicaid Providers as Entitled to Sovereign Immunity as Treatment Contractors In the Same Way That Medicaid Fiscal Intermediaries Are Protected by Judicially Imposed Federal Officer or Sovereign or Public Policy Immunity by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Appendix Appendix of Exhibits, #2 Exhibit Exhibit 1 - Affidavit of Stanley Berry, M.D., #3 Exhibit Exhibit 2 - Medicaid provider correspondence and contract, #4 Exhibit Exhibit 3 - Medicaid Regulatory Bulletin)(Valitutti, Ralph) ACCESS TO EXHIBITS 1 and 2 IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO COURT ORDER. Modified on 11/14/2013 to restrict documents pursuant to Order 59 . (JAB)
November 11, 2013 Filing 55 DEPOSITION of PAUL GATEWOOD M.D. DUCES TECUM by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Valitutti, Ralph)
November 7, 2013 Filing 54 NOTICE of Service and Certificate of Service of Defendants' Notice of Taking Duces Tecum Deposition of Paul Gatewood M.D. by Attorney Ralph F. Valitutti, Jr on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Valitutti, Ralph)
November 4, 2013 Opinion or Order Filing 53 TEXT ORDER. On the court's own motion, the 11/25/2013 Planning Conference is continued to 12/30/2013 at 10:30 AM before Magistrate Judge F.A. Gossett, to be held by telephone call initiated by counsel for the plaintiff. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
October 30, 2013 Filing 52 INDEX in support of MOTION to Strike #45 , Brief #46 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 51 INDEX in support of Brief #50 , MOTION to Continue #49 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 50 BRIEF in support of MOTION to Continue #49 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 49 MOTION to Continue by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 48 INDEX in support of Brief #47 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 47 BRIEF in opposition to Brief #40 , MOTION for Summary Judgment #39 , Index, #41 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 46 BRIEF in support of MOTION to Strike #45 by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 45 MOTION to Strike by Attorney Patrick J. Cullan on behalf of Plaintiffs Doran Schmidt, Sage Schmidt.(Cullan, Patrick)
October 29, 2013 Filing 44 NOTICE OF SERVICE (corrected) by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
October 28, 2013 Filing 43 NOTICE of Service by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
October 16, 2013 Filing 42 NOTICE of Service by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
October 8, 2013 Filing 41 INDEX in support of MOTION for Summary Judgment #39 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC. (Attachments: #1 Exhibit Ex. A - Amended Complaint, #2 Exhibit Ex. B - Affidavit of Heather Ramsey)(Frank, Ronald)
October 8, 2013 Filing 40 BRIEF in support of MOTION for Summary Judgment #39 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
October 8, 2013 Filing 39 MOTION for Summary Judgment by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
October 8, 2013 Filing 38 NOTICE of Service: Interrogatories and Request for Production of Documents to Plaintiffs by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
September 25, 2013 Filing 37 DISCLOSURE of Bellevue Medical Center, L.L.C. Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
September 16, 2013 Filing 36 NOTICE of Service of Rule 26 Initial Disclosures by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC (Frank, Ronald)
August 30, 2013 Filing 35 NOTICE of Issuance of Subpoena Duces Tecum by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C. (Cheatle, Kathryn)
August 27, 2013 Opinion or Order Filing 34 ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF CASE - Counsel shall notify the undersigned magistrate judge by joint or separate letters by 10/28/2013 addressing mediation requirements. Planning Conference set for 11/25/2013 at 09:30 AM by telephone before Magistrate Judge F.A. Gossett. Counsel for plaintiffs shall initiate the planning conference call to the court at 402-661-7340 on 11/25/2013. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
August 26, 2013 Filing 33 NOTICE of Appearance by Attorney Ralph F. Valitutti, Jr. on behalf of Defendants Heather Ramsey, and The Midwives Place LLC. (GJG)
August 26, 2013 Filing 32 APPLICATION/ORDER admitting pro hac vice Attorney Ralph F. Valitutti, Jr for Defendants Heather Ramsey, and The Midwives Place LLC. Ordered by Deputy Clerk. (GJG)
August 26, 2013 Filing 31 REPORT of Rule 26(f) Planning Meeting by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
August 16, 2013 Opinion or Order Filing 30 TEXT ORDER. Counsel appeared telephonically for a conference regarding the parties' R.26(f) report #27 . Discussion was held. A revised Rule 26 Meeting Report shall be filed by 8/27/2013. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
August 16, 2013 Filing 29 TEXT MINUTE ENTRY for in chambers proceedings held before Magistrate Judge F.A. Gossett on 8/16/2013. Counsel appeared telephonically. Joseph Cullan represented the plaintiffs. Ronald Frank represented defendants Ramsey and Midwife's Place, and Brien Welch and Kathryn Cheatle represented defendant Bellevue Medical Center. The parties' R.26(f) report reviewed. Order to be issued. (ARL, )
July 31, 2013 Opinion or Order Filing 28 TEXT ORDER. After review of the parties' R.26(f) planning report, the court finds a conference should be held. A Telephone Conference is set for 8/16/2013 at 10:30 AM before Magistrate Judge F.A. Gossett, with the call to be initiated by counsel for plaintiffs. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
July 29, 2013 Filing 27 REPORT of Rule 26(f) Planning Meeting by Attorney Brien M. Welch on behalf of Defendant Bellevue Medical Center L.L.C..(Welch, Brien)
June 28, 2013 Opinion or Order Filing 26 SCHEDULING LETTER setting Rule 26 Meeting Report Deadline for 7/29/2013. Please use the revised "Form 35 (Rule 26(f)) Report" found on the court's website, www.ned.uscourts.gov/forms. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
June 28, 2013 Filing 25 ANSWER to Amended Complaint #3 and Jury Demand by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C.(Cheatle, Kathryn)
June 26, 2013 Opinion or Order Filing 24 TEXT ORDER granting #22 Motion to Withdraw Document. The Motion for Protective Order #18 filed by Defendants Heather Ramsey and The Midwife's Place, LLC is hereby deemed withdrawn. Ordered by Magistrate Judge F.A. Gossett. (LRH)
June 25, 2013 Filing 23 ANSWER to Amended Complaint #3 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC(Frank, Ronald)
June 25, 2013 Filing 22 MOTION to Withdraw Document regarding MOTION for Protective Order #18 by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
June 7, 2013 Opinion or Order Filing 21 TEXT ORDER withdrawing #17 Defendant Bellevue Medical Center, LLC's Motion for Protective Order. Per Defendant's request #19 , Defendant's Motion for Protective Order is withdrawn. Ordered by Magistrate Judge F.A. Gossett. (LRH)
June 7, 2013 Opinion or Order Filing 20 TEXT ORDER approving #19 Defendant Bellevue Medical Center, LLC's Withdrawal of Motion for Protective Order. Defendant's Motion for Protective Order #17 is hereby deemed withdrawn. Ordered by Magistrate Judge F.A. Gossett. (LRH)
June 6, 2013 Filing 19 MOTION to Withdraw Document Withdrawal of Motion for Protective Order by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
June 6, 2013 Filing 18 MOTION for Protective Order by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
June 5, 2013 Filing 17 MOTION for Protective Order by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
May 29, 2013 Filing 16 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
May 23, 2013 Filing 15 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Ronald E. Frank on behalf of Defendant The Midwives Place LLC.(Frank, Ronald)
May 22, 2013 Filing 14 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant The Midwives Place LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(GJG)
May 22, 2013 Filing 13 TEXT ORDER granting #12 Motion for Extension of Time to File a Responsive Pleading. Heather Ramsey answer or response due 7/1/2013; The Midwives Place LLC answer or response due 7/1/2013. Ordered by Deputy Clerk. (GJG)
May 22, 2013 Filing 12 MOTION for Extension of Time to File a Responsive Pleading by Attorney Ronald E. Frank on behalf of Defendants Heather Ramsey, The Midwives Place LLC.(Frank, Ronald)
May 21, 2013 Filing 11 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Bellevue Medical Center L.L.C.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(GJG)
May 21, 2013 Filing 10 TEXT ORDER granting #9 Motion for Extension of Time to File a Responsive Pleading. Bellevue Medical Center L.L.C. answer or response due 6/28/2013. Ordered by Deputy Clerk. (GJG)
May 21, 2013 Filing 9 MOTION for Extension of Time to File a Responsive Pleading by Attorney Kathryn J. Cheatle on behalf of Defendant Bellevue Medical Center L.L.C..(Cheatle, Kathryn)
May 20, 2013 Filing 8 SUMMONS Returned Executed upon defendant The Midwives Place LLC on 5/13/2013. (Cullan, Patrick)
May 20, 2013 Filing 7 SUMMONS Returned Executed upon defendant Heather Ramsey on 5/9/2013. (Cullan, Patrick)
May 20, 2013 Filing 6 SUMMONS Returned Executed upon defendant Bellevue Medical Center L.L.C. on 5/9/2013. (Cullan, Patrick)
May 7, 2013 Filing 5 Summons Issued as to defendant Bellevue Medical Center L.L.C., Heather Ramsey, and The Midwives Place LLC regarding Amended Complaint #3 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (GJG)
May 7, 2013 Filing 4 Summons Requested as to The Bellevue Medical Center, LLC, Heather Ramsey, The Midwife's Place, LLC regarding Amended Complaint #3 . (Cullan, Patrick)
May 7, 2013 Filing 3 AMENDED COMPLAINT against Defendant All Defendants, by Attorney Patrick J. Cullan on behalf of Doran Schmidt, Sage Schmidt(Cullan, Patrick)
May 3, 2013 Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Laurie Smith Camp and Magistrate Judge F.A. Gossett assigned. (ADB, )
May 3, 2013 Filing 1 COMPLAINT with jury demand against All Defendants ( Filing fee $ 400, receipt number 0867-2487226), by Attorney Patrick J. Cullan on behalf of Doran Schmidt, Sage Schmidt(Cullan, Patrick)

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Search for this case: Schmidt et al v. Bellevue Medical Center L.L.C.
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Plaintiff: Sage Schmidt
Represented By: Robert S. Peck
Represented By: Patrick J. Cullan
Represented By: Joseph P. Cullan
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Plaintiff: Doran Schmidt
Represented By: Robert S. Peck
Represented By: Patrick J. Cullan
Represented By: Joseph P. Cullan
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Intervenor plaintiff: Nebraska Department of Health and Human Services
Represented By: Danielle L. Rowley
Represented By: Ryan S. Post
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Interested party: American College of Obstetricians and Gynecologists
Represented By: Nathan K.W. Tenney
Represented By: Mark E. Novotny
Represented By: David J. Schmitt
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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: The Midwives Place LLC
Represented By: Julia K. McNelis
Represented By: Ronald E. Frank
Represented By: Ralph F. Valitutti, Jr.
Represented By: Thomas J. Shomaker
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Defendant: Heather Ramsey
Represented By: Julia K. McNelis
Represented By: Ronald E. Frank
Represented By: Ralph F. Valitutti, Jr.
Represented By: Thomas J. Shomaker
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Intervenor: The State of Nebraska
Represented By: William R. Settles
Represented By: William M. Lamson, Jr.
Represented By: Jason W. Grams
Represented By: James D. Smith
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