FORT v. U.S. DEPARTMENT OF VETERAN'S AFFAIRS et al
| M.D. MIGDALIA FORT, Marigdalia K Ramirez-Fort M.D. and The Estate of Ana V. Fort |
| U.S. DEPARTMENT OF VETERAN'S AFFAIRS, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, JOHN AND JANE DOES 1-10 and ABC ENTITIES 1-10 |
| 3:2022cv00583 |
| February 4, 2022 |
| US District Court for the District of New Jersey |
| Trenton Office |
| Tonianne J Bongiovanni |
| Freda L Wolfson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 2671 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.
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Filing 53
AMENDED COMPLAINT against UNITED STATES OF AMERICA, JOHN AND JANE DOES 1-10, ABC ENTITIES 1-10, filed by MIGDALIA FORT, Marigdalia K Ramirez-Fort M.D., The Estate of Ana V. Fort.(SMITH, ANDREW)
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Filing 52
STIPULATED SCHEDULING ORDER: Plaintiff's deadline to file a Second Amended Complaint is 4/1/2022. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/8/2022. (abr, )
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Filing 51
NOTICE of Appearance by ANDREW BRIAN SMITH on behalf of MIGDALIA FORT (SMITH, ANDREW)
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Filing 50
LETTER ORDER granting request to notify plaintiff, Migdalia Fort of all Court notifications and granting Plaintiff 60 days to secure legal representation. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/22/2022. (abr, )
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Filing 49
Letter filed on behalf of Plaintiff regarding representation and requesting 60 days to secure legal representation filed by Humberto Gobo-Estrella. (abr, )
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Filing 48
NOTICE of Appearance by ERIC A. REY on behalf of U.S. DEPARTMENT OF VETERAN'S AFFAIRS (REY, ERIC)
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Filing 47
Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jal)
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Filing 46
Certified Copy of Transfer Order and docket received, Case transferred in from District of Puerto Rico; Case Number 3:20-cv-01089. Original file certified copy of transfer order and docket sheet received.
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Filing 45
OPINION AND ORDER: finding as moot #40 Motion to Appoint Counsel; granting #42 Motion requesting Order; denying without prejudice #19 Motion to Dismiss for Lack of Jurisdiction; denying without prejudice #22 Motion for Leave to File; denying without prejudice #23 Motion to Stay; denying without prejudice #25 Motion for Leave to File. The Clerk of Court is directed to TRANSFER this case to the District of New Jersey and then close this case. Signed by Judge Silvia L. Carreno-Coll on 02/04/2022. (MRB)
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Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (jal)
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Filing 44
RESPONSE TO ORDER TO SHOW CAUSE filed by All Defendants Re: 43 Order to Show Cause, filed by All Defendants. (Rey, Eric)
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Filing 43
ORDER TO SHOW CAUSE: In view of Plaintiff Fort's motion at Docket No. 42, the Government is ordered to show cause by 2/14/2022 as to why this case should not be transferred to the District of New Jersey. Signed by Judge Silvia L. Carreno-Coll on 02/03/2022. (MRB)
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Filing 42
MOTION requesting Order to Permit New Jersey Barred Attorney to Communicate with the Court filed by Migdalia Fort, pro se. Responses due by 2/11/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ecc) Modified on 2/1/2022 to add pro se status(ecc).
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Filing 41
ORDER granting #40 Motion for extension of time; taking under advisement #40 Motion to Appoint Counsel. Plaintiff Fort has filed a twofold request asking the Court to: (1) grant her an additional 30 days to announce new legal representation and (2) appoint pro bono representation pursuant to Local Rule 83L. The Court reads the latter as an "in the alternative request," such that if she is unable to retain new legal representation, she would then ask that the Court appoint a pro bono attorney, pursuant to Local Rule 83L, to represent her. Accordingly, the Court will GRANT her request for an additional 30 days, until 2/18/2022, to announce new legal representation. But her request to be assigned pro bono representation pursuant to Local Rule 83L is HELD UNDER ADVISEMENT pending the outcome of her search for new legal representation. In the meantime, even if Plaintiff Fort continues to search for new legal representation, she is directed to the Clerk's Office at 787-772-3000, to obtain the necessary forms to submit her request for a pro bono attorney pursuant to Local Rule 83L. If she is unable to retain new legal representation by 2/18/2022, she is granted until 2/21/2022 to submit her request for pro bono representation. Signed by Judge Silvia L. Carreno-Coll on 01/19/2022. (MRB)
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Filing 40
MOTION for extension of time until of 30 days to anounce new legal representation, MOTION requesting the Appointment of a Pro Bono Counsel filed by Migdalia Fort, pro se. Responses due by 1/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ecc)
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Filing 39
ORDER noted #38 Motion In Compliance. Attorney Humberto F. Cobo-Estrella is deemed withdrawn and is therefore terminated as Plaintiff Migdalia Fort's ("Plaintiff Fort") attorney in the instant matter. As stated in the Court's Order at Docket No. #37 , Plaintiff Fort has until January 14, 2022 to retain new legal representation and notify the Court accordingly. Signed by Judge Silvia L. Carreno-Coll on 12/15/2021. (MRB)
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Filing 38
Motion In Compliance as to #37 Order on Motion requesting Order,,,,,, Order on Motion to Appoint Counsel,, filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 12/6/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #37 ) (Cobo-Estrella, Humberto)
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Filing 37
ORDER granting in part and denying in part #31 Motion requesting Order; noted #33 Motion requesting Order; noted #33 Motion to Appoint Counsel. The Court hereby ORDERS Attorney Cobo-Estrella to SHOW CAUSE, on or before November 22, 2021, as to why sanctions should not be imposed against him. Plaintiff Fort is granted until January 14, 2022, to retain new legal representation. Settlement efforts are STAYED until Plaintiff Fort retains new legal representation. Signed by Judge Silvia L. Carreno-Coll on 11/15/2021. (MRB)
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Filing 36
RESPONSE to Motion (Dkt. Nos. 33 and 35) and Motion to Strike filed by All Defendants Re: #33 MOTION requesting Order MOTION to Appoint Counsel filed by Migdalia Fort filed by All Defendants. (Rey, Eric)
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Filing 35
Plaintiff's Brief in Response Opposing Counsel filed by Migdalia Fort, pro se. (Attachments: #1 Exhibit A)(ecc)
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Filing 34
ORDER. Attorney Cobo-Estrella shall file a motion by 11/8/2021 stating his position regarding his client's filing at Dk. No. #31 . Signed by Judge Silvia L. Carreno-Coll on 11/3/2021.(Carreno-Coll, Silvia)
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Filing 33
MOTION requesting Order to include daughter and mother as Co-Plaintiffs, MOTION to Appoint Counsel filed by Migdalia Fort, pro se. Responses due by 11/15/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(ecc)
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Filing 32
RESPONSE to Motion and Status Report filed by All Defendants Re: #31 MOTION requesting Order filed by Migdalia Fort filed by All Defendants. (Rey, Eric)
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Filing 31
MOTION requesting Order as to the Withdrawal of my Attorney and to Stay my Case until New Representation is announced, filed by Migdalia Fort, pro se. Responses due by 11/12/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (ecc)
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Filing 30
ORDER granting #29 Motion for Extension of Time to File. Joint Motion informing the progress of the case due by 11/1/2021. Signed by Judge Silvia L. Carreno-Coll on 9/3/2021. (MCV)
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Filing 29
Joint STATUS REPORT and MOTION of Extension of Time until November 1, 2021 to inform settlement negotiations by U.S. Department of Veterans Affairs, United States Department of Justice and Migdalia Fort. (Rey, Eric) Modified on 9/2/2021 to add filers, add event and complete title of DE(ecc).
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Filing 28
Minute Entry for proceedings held before Judge Silvia L. Carreno-Coll: Status Conference held on 8/2/2021 by Video Tele-Conference (VTC). Present on behalf of plaintiff was Atty. Humberto F. Cobo-Estrella. On behalf of defendant Atty. Eric Anthony Rey. Joint Motion informing the progress of the case due by 9/1/2021. (ram)
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Filing 27
ORDER: Due to calendar conflict the Status Conference set for 8/2/2021 is ADVANCED for 9:00 AM by Video Tele-Conference (VTC) before Judge Silvia L. Carreno-Coll. During the VTC all participants will connect remotely. Further instructions with the information to connect will follow by email. Joint motion to continue shall include three alternative dates in which all parties are available. Signed by Judge Silvia L. Carreno-Coll on 7/30/2021. (ram)
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Filing 26
ORDER: A Status Conference is set for 8/2/2021 at 9:30 AM by Video Tele-Conference (VTC) before Judge Silvia L. Carreno-Coll. During the VTC all participants will connect remotely. Further instructions with the information to connect will follow by email. Joint motion to continue shall include three alternative dates in which all parties are available. Signed by Judge Silvia L. Carreno-Coll on 7/20/2021. (ram)
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Filing 25
MOTION for Leave to File Document (Reply to Motion to Stay) filed by Eric Anthony Rey on behalf of All Defendants Responses due by 6/22/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 (Proposed Reply), #2 Exhibit 1 (Excerpt of Ana Fort Admin. Claim), #3 Exhibit 2 (Excerpt of Marigdalia Ramirez-Fort Admin. Claim), #4 Exhibit 3 (Denial of Ana Fort Admin. Claim), #5 Exhibit 4 (Denial of Marigdalia Ramirez-Fort Admin. Claim), #6 Exhibit 5 (Tracking of Denial of Ana Fort Admin. Claim), #7 Exhibit 6 (Tracking of Denial of Marigdalia Ramirez-Fort Admin. Claim), #8 Declaration of Nancy A. ODonnell)(Rey, Eric)
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Filing 24
RESPONSE in Opposition to Motion for Stay filed by All Plaintiffs Re: #23 MOTION to Stay filed by U.S. Department of Veterans Affairs, United States Department of Justice filed by All Plaintiffs. (Cobo-Estrella, Humberto)
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Filing 23
MOTION to Stay Pending Submission and Resolution of a FECA Claim filed by Eric Anthony Rey on behalf of All Defendants Responses due by 6/3/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 (OWCP Decl. and Memo), #2 Exhibit 2 (Workplace Complaint), #3 Exhibit 3 (Excerpt of FTCA Admin. Claim), #4 Exhibit 4 (Nov. 19, 2019 email), #5 Declaration of Eric Rey)(Rey, Eric) Modified on 5/21/2021 to complete title (ecc).
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Filing 22
MOTION for Leave to File Document filed by Eric Anthony Rey on behalf of All Defendants Responses due by 4/5/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 (Proposed Reply))(Rey, Eric)
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Filing 21
RESPONSE in Opposition to Motion filed by All Plaintiffs Re: #19 MOTION to Dismiss/Lack of Jurisdiction Amended Complaint as to All Defendants filed by U.S. Department of Veterans Affairs, United States Department of Justice filed by All Plaintiffs. (Cobo-Estrella, Humberto)
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Filing 20
AMENDED COMPLAINT against All Defendants, filed by Migdalia Fort.(Cobo-Estrella, Humberto)
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Filing 19
MOTION to Dismiss/Lack of Jurisdiction #15 Amended Complaint as to All Defendants filed by Eric Anthony Rey on behalf of All Defendants Responses due by 3/15/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rey, Eric) Modified on 3/3/2021 to add docket relationship(ecc).
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Filing 18
ORDER denying without prejudice #7 Motion to Dismiss. In view of the filing of the Amended Complaint, the motion to dismiss is denied without prejudice. Signed by Judge Silvia L. Carreno-Coll on 1/29/2021. (Carreno-Coll, Silvia)
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Filing 17
ORDER.The tendered Amended Complaint at DK. No. #15 is deemed filed. See Dk. No. 16 . The United States shall answer the Amended Complaint or otherwise plea by 3/1/2021.Signed by Judge Silvia L. Carreno-Coll on 1/29/2020.(Carreno-Coll, Silvia)
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Filing 16
ORDER granting #15 Motion for Leave to File Amended Complaint. Signed by Judge Silvia L. Carreno-Coll on 10/15/2020. (Carreno-Coll, Silvia)
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Filing 15
Emergency MOTION for Leave to File Document Amended Complaint to correct caption misnomer filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 10/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Amended Complaint to correct Caption Misnomer)(Cobo-Estrella, Humberto)
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Filing 14
REPLY to Response to Motion filed by U.S. Department of Veterans Affairs, United States Department of Justice Re: #7 MOTION to Dismiss/Lack of Jurisdiction as to United States Department of Justice, U.S. Department of Veterans Affairs filed by U.S. Department of Veterans Affairs, United States Department of Justice filed by U.S. Department of Veterans Affairs, United States Department of Justice. (Rey, Eric)
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Filing 13
ORDER granting #12 Motion for Leave to File. Signed by Judge Silvia L. Carreno-Coll on 09/08/2020. (Carreno-Coll, Silvia)
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Filing 12
MOTION for Leave to File Document (Reply in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction) filed by Eric Anthony Rey on behalf of U.S. Department of Veterans Affairs, United States Department of Justice Responses due by 9/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit (Proposed Reply))(Rey, Eric)
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Filing 11
RESPONSE in Opposition to Motion filed by All Plaintiffs Re: #7 MOTION to Dismiss/Lack of Jurisdiction as to United States Department of Justice, U.S. Department of Veterans Affairs filed by U.S. Department of Veterans Affairs, United States Department of Justice filed by All Plaintiffs. (Attachments: #1 Exhibit Evidence of Service of Process on the United States of America)(Cobo-Estrella, Humberto)
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Filing 10
ORDER finding as moot #8 Motion for Extension of Time to File Response; granting #9 Motion for Extension of Time to File Response. Signed by Judge Silvia L. Carreno-Coll on 08/24/2020. (Carreno-Coll, Silvia)
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Filing 9
Emergency MOTION for Extension of Time until 08/28/2020 to File Response/Reply as to #8 MOTION for Extension of Time until 08/21/2020 to File Response/Reply as to #7 MOTION to Dismiss/Lack of Jurisdiction as to United States Department of Justice, U.S. Department of Veterans Affairs filed by U.S. Department of Ve filed by Migdalia Fort, #7 MOTION to Dismiss/Lack of Jurisdiction as to United States Department of Justice, U.S. Department of Veterans Affairs filed by U.S. Department of Veterans Affairs, United States Department of Justice filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 9/4/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #8 , #7 ) (Cobo-Estrella, Humberto)
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Filing 8
MOTION for Extension of Time until 08/21/2020 to File Response/Reply as to #7 MOTION to Dismiss/Lack of Jurisdiction as to United States Department of Justice, U.S. Department of Veterans Affairs filed by U.S. Department of Veterans Affairs, United States Department of Justice filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 8/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #7 ) (Cobo-Estrella, Humberto)
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Filing 7
MOTION to Dismiss/Lack of Jurisdiction as to United States Department of Justice, U.S. Department of Veterans Affairs filed by Eric Anthony Rey on behalf of United States Department of Justice, U.S. Department of Veterans Affairs Responses due by 8/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit (March 20, 2020 Letter))(Rey, Eric)
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Filing 6
ORDER granting #5 Motion for extension of time. Signed by Judge Silvia Carreno-Coll on 04/23/2020. (Carreno-Coll, Silvia)
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Filing 5
Joint MOTION for extension of time until June 18, 2020, and July 27, 2020, to amend the Complaint and respond to the Complaint, respectively, filed by Eric Anthony Rey on behalf of U.S. Department of Veterans Affairs, United States Department of Justice, Migdalia Fort. Responses due by 4/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rey, Eric) Modified on 4/7/2020 to add filer (rom).
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Filing 4
ORDER REASSIGNING CASE. This case has been transferred to the docket of newly appointed U.S. District Judge Silvia Carreno-Coll. Signed by Chief Judge Gustavo A. Gelpi on 03/11/2020. (gr)
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Filing 3
Summons Issued as to U.S. Attorney General, U.S. Attorneys Office & U.S. Department of Veterans Affairs (Attachments: #1 Summons) (arg)
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Filing 2
NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Francisco A. Besosa (arg)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-6794830.), filed by Migdalia Fort. Service due by 5/15/2020, (Attachments: #1 Category Sheet Category Sheet, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summons Summons US Attorney General, #4 Summons Summons US Attorney PR Office, #5 Summons Summons VA)(Cobo-Estrella, Humberto)
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